C.R. Contracting ~ CP13004 CITY OF TIGARD
CHANGE ORDER No. 1
Project/Contract No.: 2013-95001
10
Contractor Name & Address: Work Location: Crack Sealing on Various Tigard City
C.R. Contracting Streets
P.O. Box 6717
Bend, OR 97708
Contractor and the City, of Tigard agree on the quantities described below in accordance with the terms and
conditions detailed in the original contract along with all applicable rules, regulation-,, and laws that mai,- be in
effect For the work. The unit pricing in the oii incl contract shall apply.
Description of the Work (include specification if non standard items):
The actual amount of cracking (and thus sealing)was typically higher per street than originally
estimated. Additional crack seal work(about 10%more than the original quantity)was authorized in
order to seal more of the streets planned to be sealed. This brings the total quantity to 194,000 linear feet
of crack scat at$0.51 per linear foot..
Description of Additional Work Unit Quantity Unit$ Total$
Previous contract amount $90,000
Wditional wort:authori7td by this Change Order S8,944)
Final contract amount $98,940
CITY OF TIGARD CONTRACTOR
Sign-aftu e c 5i�nerla�i�:
Name: Michael D. McCarthy 11 Tame;
Title: Senior Projcct Engineer Title:
r
Date.: Alar 7, 2013 Date:
Approved: ! " e C 1 ;;5 Page 1 of 1
CITY OF TiGARD,..OREGON
CONTRACT SUMMARY FORM
(FoRmMUSTAccomPANYEAcH CONTRACT FOR AUTHORIZATION
Contract Title: Pavement Management Program—Crack Seal- Number: ( -T3 oo
Contractor: CR Contracting Contract Total: $90,000
Contract Overview: Seal Cracks in City Streets. Contractor will be paid on a per-linear-foot basis, and
work will include 176,4711f of crack seal Quantities will be measured and tracked
daily to ensure project stays within budget.
Type: ❑ Purchase Agreement Start Date: March 15,2013
End Date: June 15,2013
F] Personal Service
X Public Improvement LCRBAward: N/A Department: Public Works
n IGA
F] other: Contract Manager:
Quotes/Bids/Proposal: FIRM "Q1MMLSLQRE
CR ConractW�_, 0.51 if_
C%L
A
Account String: Fund-Divisinn-&c-QHn1 Prairst-—Fan d-Phas Amount
Year 1 460-8000-56005 95001-412-140 $90,000
Year 2
Year 3
Year 4
Year 5
Approvals
0
Department Comments:
01,10,11 an ��:-z-
Department Signature:
Purchasing Comments: S.Jzuark'n
Purchasing SiHatt
City Manager
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
City of Tigard
13125 SSU Hall Blvd
Tigard, Oregon 97223
Phone: (503) 639-4171
Fax: (503) 684-2797
CONTRACT DOCUMENTS
for the construction of
FY 2012-13 PAVEMENT MANAGEMENT"PROGRAM
SPRING CRACK SEAL
Project No.: CIP 2013-95001
PR
519 PE
d
Approved by: 'c ael A Stone,P.E.,City Engineer ' , ON
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21,19
1,19 $
IDN`�'�
Quotations Ted February 1.9,2013
EXPIRE&I177-
Version: February 11, 2010
CITY OF TIGARD, OREGON
FY 2012-13 PAVEMENT MANAGEMENT PROGRAM
SPRING CRACK SEAL
QUOTATIONS DUE: February 19, 2013
SUBMIT QUOTATIONS TO:
Mike McCarthy-
City of Tigard—Public Works Engineering
13125 SW Hall Blvd
Tigard, Oregon 97223
mikemQtigard-or.gov
503-718-2462
Page 2
CITY OF TIGARD
REQUEST FOR QUOTATIONS
FY 2012-13 PAVEMENT MANAGEMENT PROGRAM
SPRING CRACK SEAL
The City of T"igard is requesting quotations from qualified firms at Tigard City Hall's Information Desk
at 13125 SW Hall Blvd.,Tigard, Oregon 97223 until 5:00 pm local time, February- 19, 2013 for the FY
2012-13 Pavement Management Program Spring Crack Seal project. The project, ham' 2012-13
Pavement Management Program Spring Crack Seal,generally consists of the following:
1. Installation of crack seal on city streets
2. Temporary signage,protection,and traffic control
3. Performance of additional and incidental work as called for by the specifications and plans.
The City- anticipates this will be a prevailing wage rate project. The provisions of ORS Chapters 279A
and 2790 and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall
be incorporated by reference as if fully set forth in any contract resulting from this Request for
Quotations. Contractor shall provide proof to the City prior to the beginning of any of the work that
the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PWR law.
Project information packets may be obtained in person at Tigard City Hall's Information Desk located
at 13125 SW Hall Blvd.,Tigard, Oregon 97223, or by contacting Joe Barrett, Sr. Management Analyst,
at either (503) 718-2477 or iosenh o tigard-or.gov. The City may reject any bid not in compliance with
all prescribed public bidding procedures and requirements, and may reject for good cause any or all
bids upon a finding of the City if it is in the public interest to do so.
Page 3
TABLE OF CONTENTS
TITLE PAGE
TidePage----------------------- -------------- --------------------------------------------------------1
Advertisement for Bids_______________________._.
1aNefContents
u4
INSTRUCTIONS TO PROSPECTIVE CONTRACTORS
Section 00120 Bidding /(}uotu6uo\ Requirementsand Procedures----------------------------
Section 00130
_________.Soctioo0O130 Award and Execution o[ Contract— --- 6
BID BOOKLET
Attachment Pz0000u}--------------------------------------------------------------- ----------------------------- 10
CONTRACT BOOKLET
j\tuachumcntO Public Improvement Contract,---.----______________1�
/\ttachmcntC Performance Bond Form--------------------------------------------------------------------2g
Attachment l} tBond Form.-------------____________�31
A1tuc6ozcotII Supplementary (}cocru ________________.. 3
Attachment Special Provisions-------------------------------------------- —__-------------- -------_ 5
Attachment Standard D ��
c -------.---___---_—___.--_—.---..4U
Attachment Dzc�uo BOLI r�c�u ��WagRates
DRAWINGS FY2U12-13Pavement Management Program—Sp � Crack Seal
Dated February 6, 2O13
Cover Sheet and Drawings pages through
Page
SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES
The contractor for this project will be selected by the Engineer on the basis of quotations requested
from three or more companies believed to be qualified to perform this work.
Page 5
SEC'T'ION 00130 -AWARD AND EXECUTION OF CONTRACT
This Section replaces Section 00130 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00130.10 Award of Contract
(a) The City's available budget for this project is $90,000. Potential contractors will be asked to
provide a unit price per linear foot of crack seal installed in accordance with these plans and
specifications. The size of the project will be adjusted to keep the total cost of the project
within this available budget.
(b) The contractor for this project will be selected by the Engineer on the basis of quotations
requested from three or more companies believed to be qualified to perform this work.
00130.20 Cancellation of Award-Without liability to the City, the City may for good cause cancel
Award at any time before the Contract is executed by all parties to the Contract, as provided by ORS
279C.395 for rejection of Bids,upon finding it is in the public interest to do so.
00130.30 Contract Booklet- Includes the documents listed under Section 4, "Contract
Documents," of the Public Improvement Contract (Attachment h�.
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 perforin. The Contractor shall use the City-provided form for the bond except that
if the surety is a multiple surety, a copy of the form for a bond with multiple sureties shall be
obtained from the City. The supplemental warranty performance bond shall be signed by
Page 6
the Surety's authorized Attorney-in-Fact, and the Surety's seal shall be affixed to the bond.
A power of attorney for the.Attorney-in-Fact shall be attached to the bond in the Contract
booklet,which shall include bond numbers, and the Surety's original seal shall be affixed to
the power of attorney. A copy of the supplemental warranty performance bond is included
near the front of the Special Provisions.
Upon Third Notification, the supplemental warranty performance bond shall become
effective and shall continue in full force and effect until the City has advised the Contractor
that:
® There are no coating system defects; or
® If the Contractor has been notified that there are coating system defects, the defects
have been repaired by the Contractor to the satisfaction of the City as specified
under the coating system warranty and the full warranty period has expired.
Supplemental warranty performance bonds cannot be canceled nor can they be released due
to possible claims.
(b) Certificates of Insurance -The successful Bidder shall furnish the City certificates of
insurance applicable to the Project, according to 00170.70. The insurance coverages shall
remain in force throughout the performance of the Contract and shall not be allowed to
lapse without prior written approval of the City. Bidders may refer to 00170.70 for
minimum coverage limits and other requirements. For specified Contracts, certified copies,
and in some instances the original, of insurance policies may be required by the Special
Provisions.
(c) Workers' Compensation -To certify compliance with the workers' compensation
insurance coverage required by 00170.61(a) and 00170.70(d), the successful Bidder shall
complete and sign the "Certification of Workers' Compensation Coverage" form bound in
the Contract booklet.
(d) Registration Requirements:
(1) ORS 701.055 and ORS 671.530 require that Bidders be registered with the Oregon
Construction Contractors Board or licensed by the State Landscape Contractors Board.
prior to submission of a Bid on a Project not involving federal funds. Registration with
the Construction Contractors Board or licensing by the State Landscape Contractors
Board is not a prerequisite to bidding on Federal-Aid Projects;however, the Agency will
not execute a Contract until the Contractor is so registered or licensed.
(2) Bidders must be registered with the Corporation Division, Oregon Secretary of State,if
bidding as a corporation, limited liability- company, joint venture, or limited liability
partnership, or if operating under an assumed business name and the legal name of each.
person carrying on the business is not included in the business name.
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a
construction project that includes landscape contracting as a portion of the project if the
Page 7
landscape contracting is subcontracted to a licensed landscaping business as defined in
ORS 671.520.
(4) A landscaping business may bid on a Project or perform a Contract that includes the
phase of landscape contracting for which it is not licensed if it employs a landscape
contractor, or subcontracts with another licensed landscaping business, licensed for that
phase.
(e) Business Tax and Federal Id No. Required-The City of Tigard Business Tax is required
from the successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any business
doing businessin the City of Tigard shall pay a City of Tigard Business Tax. No contracts shall
be signed prior to the obtaining of the City of Tigard Business Tax. Upon award of proposal,
contractor shall complete a Federal W-9,Request for Taxpayer Identification Number and
Certification Form for the City.
00130.50 Execution of Contract and Bonds:
(a) By the Bidder-The successful Bidder shall deliver the required number of Contract
booklets with the properly executed Contract, Performance Bond, Payment Bond,
certification of workers' compensation coverage, and the required certificates of insurance,
to the Procurement Office within 15 Calendar Days after the date on which the Contract
booklets are sent or otherwise conveyed to the Bidder under 00130.10. The Bidder shall
return the originals of all documents received from the City and named in this Subsection,
with original signatures. Certificates of insurance shall also be originals. Certificates of
insurance for coverages that are permitted by the City under 00170.70(a) to be obtained by
appropriate subcontractors shall be delivered by the Contractor to the City together with the
Contractor's request under 00180.21 for approval of the subcontract with that
subcontractor. No copies of these documents will be accepted by the City.
Proper execution requires that:
(1) If the Contractor is a partnership,limited liability partnership,joint venture, or limited
liability company, an authorized representative of each Entity comprising it shall sign the
Contract, Performance Bond, and Payment Bond, and an authorization to sign shall be
attached.
(2) If the Contractor is a corporation, the President and the Secretary of that corporation
shall sign the Contract, Performance Bond, and Payment Bond. However,if other
corporate officers are authorized to execute contracts and bonds, the successful Bidder
shall furnish with those documents a certified, true and correct copy of the corporate
bylaws or minutes stating that authority. If only one officer is signing, then the bylaws
or minutes must include the authority to sign without the signature of others. The
successful Bidder shall also include the 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.
Page 8
(c) Contract-_After the award, the Contractor and the City will enter into a public improvement
contract incorporating the terms and conditions of the Public.Improvement Contract and the
bid response. Vendors taking exception to any of the contract terms shall submit a protest or
request for change in accordance with Section 00120.15(b) "Protest of Specifications or Terms"
or their exceptions will be deemed waived.
00130.60 Failure to Execute Contract and Bonds - Failure of the successful Bidder to execute the
Contract and provide the required certificates, certifications, and bonds may be cause for cancellation of
the Award. 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.
00130.80 Project Site Restriction-Until the City sends the Contractor written Notice to Proceed
with the Work,and the Contractor has filed the public works bonds required in 00170.20, the
Contractor shall not go onto the Project Site on which the Work is to be done, nor move Materials,
Equipment, or workers onto that Project Site.
The Contractor v,-ill not automatically be entitled to extra compensation because the commencement of
Work is delayed by failure of the City to send the Contract for execution. However,if more
than 30 Calendar Days elapse between the date the Bid is opened and the date the City sends the
Contract to be executed, the City will consider granting an adjustment of time for completion of the
Work to offset any actual delay to Contract completion resulting directly from delay in commencement.
00130.90 Notice to Proceed-Notice to Proceed will be issued within five Calendar Days after the
Contract is executed by the City. Should the City-fail to issue the Notice to Proceed withinfive
Calendar Days of Contract execution, the Contractor may apply for an adjustment of Contract Time
according to 00180.80(c).
Page 9
ATTACHMENT A
CITY OF TIGARD
PROPOSAL
FY 2012-13 PAVEMENT MANAGEMENT PROGRAM
SPRING CRACK SEAL
This quotation form must be signed in ink by an authorized representative of the company; any
alterations or erasures must be initialed in ink by the undersigned authorized representative.
Project: FY 2012-13 PAVEMENT MANAGEMENT PROGRAM—Spring Crack Seal
Quotation Due Date: February 19, 2012
Name of Submitting Firm: ("F, 614v""L"::�
J
The Undersigned (check one of the followilig and provide additional information):
An individual doing business under an assumed name registered under the laws of the
State of . or
A partnership registered under the laws of the State of or
A corporation organized under the laws of the State of or
_Y A limited liability corporation 'organized under the laws of the State of
J
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 Quotation as follows:
%65- '51 /100 Dollars per linear foot of crack seal installed in accordance
with all the requirements contained in these plans and specifications.
(Unit price in words)
and the Undersigned agrees to be bound by all documents comprising the Contract Documents as
defined in the Contract. The Undersigned declares that it has carefully examined the site(s) of the
work, the Contract Documents, and forms. Submission of this quotation 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.
The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard,
within ten (10) days after receiving the Contract forms, a satisfactory Performance Bond and a
satisfactory Payment Bond each in an amount equal to one hundred percent (100%) of the Contract
sum, using the forms provided by the City. The su-rety(ies) requested to issue the Performance Bond
and Payment Bond will be — :T"75ro T">'-40 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.
Page 10
The Undersigned 0 HAS E] HAS NOT (check applicable status) paid unemployment or income taxes
in Oregon within the past 12 months andHAS F-1 HAS NOT (check applicable N lq , 'plicable status) a business
address in Oregon.
The Undersigned N HAS F-1 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 2790.870 pertaining to the payment of the prevailing rates of wage.
The Undersigned's CCB registration number is with an expiration date of
gill '/�3 . As a condition to submitting a bid, a Contractor must be registered with the
Oregon Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose
the registration number. Failure to register and disclose the number will make the bid unresponsive
and it will be rejected unless contrary to federal law The Undersigned further certifies that
Undersigned shall provide proof to the City prior to the beginning of any of the work that the
Undersigned has filed a public works bond with a corporate surety in the amount of $30,000 with
the Construction Contractors Board as required under Oregon PWR law.
The successful Bidder hereby certifies that all subcontractors who will perform construction work as
described in ORS 701.005(2) were registered with the Construction Contractors Board in
accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a bid to work under
the contract.
The successful Bidder hereby certifies that, in accordance with the Worker's Compensation Law of
the State of Oregon, its Worker's Compensation Insurance provider is
S A-1 E Policy- No. '75178Z-E-, and that Undersigned shall
submit Certificates of Insurance as required.
Name of Company:
Company Address: 67 UP0 No/d, AC-Lea �V-
I
(29 .7701
Federal Tax ID:
Telephone:
Fax:
(SEAL)
I attest that I have the authority to commit the firm named above to tbis amount and acknowledge
that the firm meets the qualifications necessary to perform this Work as outlined. I understand that
I will be required to provide necessary information to verity that the firm meets these qualifications
if selected for the subsequent Agreement.
Page 11
Authorized Signature:
Printed Name & Title:
Date: 2
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.
Page 12
Contract# l
ATTACHMENT B
CITY OF TIGARD
PUBLIC IMPROVEMENT CONTRACT—PWR COVERED PROJECT
FY 2012-2013 PAVEMENT MANAGEMENT PROGRAM
SPRING CRACK SEAL
THIS CONTRACT, made and entered into this 20"' day of February, 2013, by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and C.R.
Contracting 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\xithin the time period stated in the Bid Proposal;and
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby
agree as follows:
TERMS OF AGREEMENT
1. Services
Contractors services under this Contract shall consist of the following:
A. Application of crack seal on streets
B. Performance of additional and incidental work as called for by the specifications and plans.
2. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set
forth. The Contractor agrees that the workmen in each trade or occupation required for the
work to be done pursuant to the contract, employed in the performance of the Contract, either
by the Contractor or Subcontractor or other person doing or contracting to do any part of the
work contemplated by the Contractor shall be paid not less than the prevailing, minimum
hourly rate of wage specified by the Commissioner of the Bureau of Labor, and attached
hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon
Prevailing Wage Rate requirements, the Contractor must ensure that workers will be paid the
higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services,
the City may pay-for those labor and services and withhold these amounts from payment s that
are due the Contractor in accordance with ORS 279C.515.
Contractor shall provide proof as requested to the City prior to the beginning of any of the
work that the Contractor has filed a public works bond 'with a corporate surety in the amount
of $30,000 with the Construction Contractors Board as required under Oregon PWR law.
Contractor shall also require in every subcontract to this Agreement that the subcontractor file a
public works bond with the Construction Contractors Board in the amount of$30,000 prior to
starting work on this project unless otherwise exempt.
For contracts $50,000 or greater, the City shall pay a fee equal to one-tenth of one percent
(.001) of the price of the contract to the Bureau of Labor and Industries. The fee shall be paid
on or before the first progress payment or sixty (60) days from the date work first began,
whichever comes first.
3. Pre-Construction Conference
The contractor and listed subcontractors shall. attend and participate in the pre-construction
conference described iii the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents
prepared by the City and 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 Specification for Construction,2008,Volume 1 and Volume 2.
Solicitation Documents
Award and execution of contract
Proposal
Public Improvement Contract
Payment Bond
Supplementary General Conditions
Special provisions
Drawings
Standard Documents
General conditions (Oregon Standard Specification for Construction, 2008 Volume 1 as
amended by the Special Provisions)
Standard Specifications (Oregon Standards Specifications for Construction, Volume2 as
amended by Technical Specifications)
City of Tigard Public Improvement Design Standards
5. Cie 's Representative
For purposes hereof, the City's authorized representative will be Mike McCarthy, P.E., Senior
Project Engineer who can be reached by mail at 13125 SW Hall Blvd., Tigard, Oregon 97223;
by telephone at 503-718-2462;or via email at mikemCatiga� rd-or.gov.
6. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Russell Davis,
President, who can be reached by mail at PO Box 6717, Bend, Oregon 97708 or by phone at
(503) 201-2540.
Page 14
7. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number, as
designated by the Internal Revenue Service, or Contractor's social security number, as City
deems applicable.
8. Compensation
A. Progress Payments: City agrees to pay Contractor a rate of Zero and 51/100 Dollars
($0.51) per linear foot for performance of those services provided hereunder. The
total amount paid to the Contractor shall not exceed Ninety Thousand and No/100
Dollars ($90,000.00) over the life of this Agreement. Payment shall be based upon the
following applicable terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or
performed according to the terms of the Agreement. The Contractor understands and
agrees that Pay Item quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all materials,
equipment, labor, and incidentals necessary to complete the Work; and for risk, loss,
damage, and expense arising from the nature or prosecution of the Work or from the
action of the elements, subject to the provisions of 00170.80. The Contractor shall
include the costs of bonds and insurance for the Project in the unit price for each Pay
Item of Work to be performed.
When the specifications state that the unit price for a Pay Item is compensation for
certain materials or work essential or incidental to the Pay Item, the same materials or
work will not be measured or paid under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer at 13125 SW
Hall Blvd, Tigard, Oregon 97223, a statement of services rendered, indicating the
description of each service used in the proposal and the dollar amount of each service
completed through the state date, together with a request for payment duly verified by
the Contractor's Representative and copies of certified payroll statements.
Payment by the City shall release the City from any further obligation for payment to
Contractor for services performed or expenses incurred as of the date of the statement
of services. Payment of installments shall not be considered acceptance or approval of
any work or waiver of any defects therein. City certifies that sufficient funds are
available and authorized for expenditure to finance costs of this contract during the
current fiscal year. Funding in future fiscal years shall be contingent upon budgetary
approval by the Tigard City Council.
Contractor shall include proof of payment to any and all subcontractors and suppliers
-with each statement submitted to the City. The City shall retain the right to withhold
payments if required proof of payment to subcontractor and suppliers is not included
with a statement.
Page 15
As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall
withhold 25% of any progress payment amounts owed to Contractor if Contractor has
failed to file certified statements with the City.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized
by ORS 279C.555, shall be made to the Contractor within twenty (20) days of the
City's receipt of the statement of services. The Contractor agrees that the "Time of
Completion" is defined in the Bid Proposal, and agrees to complete the work by said
date. The Contractor and City agree that the City will suffer damages each day the
work remains uncompleted after the Time of Completion and that the amount of
those damages are difficult to calculate. Contractor and City agree that a reasonable
amount of damages for late completion is $500.00 per day and Contractor agrees to
pay damages in that amount if the work is not completed by dze'Time of Completion.
C. Final Payment: The Contractor shall notify the City in writing when the Contractor
considers the project complete, and the City shall, within 15 days after receiving the
written notice, either accept the work or notify the Contractor of work yet to be
performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor, including the
retained percentage, shall be paid to the Contractor, by the City within 30 days after
the date of said final acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per
month on the final payment due the Contractor, to commence 30 days after the work
under the Contract has been completed and accepted and to run until the date when
final payment is tendered to the Contractor. If the City does not, within 15 days after
receiving written notice of completion, notify the Contractor of work yet to be
performed to fulfill contractual obligations, the interest provided by this subsection
shall commence to run 30 days after the end of the 15-day period.
.As a further conditions of final acceptance, the City may require the Contractor to
submit evidence, satisfactory to the City's Representative, that all payrolls, material
bills, and other indebtedness connected with the project have been paid, except that in
case of any disputed indebtedness or liens, the Contractor may submit in lieu of
evidence of payment, a surety bond satisfactory to the City guaranteeing payment of all
such disputed amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond.
9. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is
and shall be deemed to be an independent Contractor as defined by ORS 670.600 and
not an employee of City, shall not be entitled to benefits of any kind to which an
employee of City is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore, in the event that Contractor is found by a court of law
Page 16
or any administrative agency to be an employee of City for any purpose, City shall be
entitled to offset compensation due, or to demand repayment of any amounts paid to
Contractor under the terms of this Agreement, to the full extent of any benefits or
other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
Contractor or to a third party) as a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest,has or will receive
any remuneration of any description from Contractor, either directly or indirectly, in
connection with the letting or performance of this .agreement, except as specifically
declared in writing.
C. If this payment is to be charged against Federal funds, Contractor certifies that he or
she is not currently employed by the Federal Government and the amount charged
does not exceed his or her normal charge for the type of service provided.
D. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more
in the calendar year by any public employer participating in the Retirement System.
E. Contractor certifies that it currently has a City business license or will obtain one prior
to delivering services under this Agreement.
F. Contractor is not an officer, employee, or agent of the City as diose terms are used in
ORS 30.265.
10. Subcontracts -Assignment &Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall
be fully responsible for the acts or omissions of any Subcontractors and of all persons
employed by them, and neither the approval by City of any Subcontractor nor anything
contained herein shall be deemed to create any contractual relation between the Subcontractor
and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of
and be binding upon the City and the Contractor respectively and their legal representatives.
Contractor shall not assign any rights nor delegate any duties incurred by this contract, or any
part hereof vrithout 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.
Page 17
1.1. Contractor- Payment of Benefits -Hours of Work
A. The Contractor shall:
1) Blake payment promptly, as due, to all persons supplying to such Contractor labor
or material for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form
the Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard,
on account of any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the
Subcontractor's Surety shall file certified statements with the City in writing in form
prescribed by the Comm-nissioner 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
Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor
or Subcontractor has read such statement and certificate and knows the contents
thereof and that the same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely- the payroll
records for the prior week including the name and address of each worker, the
worker's correct classification, rate of pay, daily and weekly number of hours
worked, deductions made and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the
Contractor or Subcontractor to the City. A true copy of the certified
statements shall also be filed at the same time with the Commissioner of the
Bureau of Labor and Industries. Certified statements shall be submitted as
follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a
period of three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt
payment of any claim for labor or services furnished to the Contractor or a
Subcontractor by any person in connection with this contract as such claim becomes
due, the proper office of the City of Tigard may pay such claim to the person
furnishing the labor or services and charge the amount of the payment against funds
due or to become due to the Contractor by reason of such contract. Payment of a
claim in this manner shall not relieve the Contractor or the Contractor's Surety from
obligation with respect to any unpaid claims.
Page 18
D. Contractor agrees that no person shall be employed for more than ten (10) hours in
any one day, or 40 hours in any one week, except in cases of necessity or emergency or
when the City deems it in the best interest of the public or policy absolutely requires it,
in which event, the person so employed for excessive hours shall receive at least time
and a half pay for the following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one
week when the work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one
week when the work week is four consecutive days,Monday through Friday;
and
3) For all work performed on Saturday and on the legal holidays specified in ORS
279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the
number of hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday, Sunday or
holiday in the fulfillment of this contract except where the Contractor agrees to
reimburse the City in the amount of money° paid the employee for such work as
determined by state law, the City's personnel rules or union agreement. The
Contractor shall require every subcontractor to comply with this requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or
material within 30 days after receipt of payment form the City or from the Contractor
to a subcontractor, the Contractor or first-tier subcontractor shall owe the person the
amount due plus interest commending at the end of the 10 day period that the
payment is due under ORS 279C.580, unless payment is subject to a good-faith
dispute. The interest rate shall be as specified in ORS 279C.515(2). If the Contractor
or any subcontractor fails, neglects, or refuses to pay a person furnishing labor or
material, the person may file a complaint with the Construction Contractors Board,
unless the payment is subject to a good faith dispute as defined in ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement
that the contractor pay the subcontractor for satisfactory performance within 10 days
of receipt of payment from the City for the work. Contractor shall include in contracts
with subcontractors an interest provision for such payments in compliance with ORS
279C.580. Contractor shall include a clause in each contract with a subcontractor
requiring the subcontractor to meet the same payment and interest standards as
required by ORS 279C.580 (4).
12. Drug Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring
contractors to demonstrate that an employee drug-testing program is in place. The Contractor
demonstrates that a drug-testing program is in place by signing of the contact. The drug testing
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.
Page 19
13. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or
corporation furnislvng medical, surgical, and hospital care or other needed care and attention
incident to sickness or injury to the Contractor's employees, all sums which the Contractor
agreed to pay for such services and all money and sums which the Contractor collected or
deducted from employee wages pursuant to any law, contract or agreement for providing or
paying for such service as referenced in ORS 279C.530.
14. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed
upon term by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any
reason considered to be in the public interest other than by a labor dispute or
by reason of any third party judicial proceeding relating to the work other than
a suit or action filed in regard to a labor dispute; or
2) If the circumstances or conditions are such that it is impracticable within a
reasonable time to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to
and include the day of termination and shall be in full satisfaction of all claims by
Contractor against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right,
obligation, or liability of Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to
Contractor, or at such later date as may be established by City, under any of the
following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
of services. This Agreement may be modified to accommodate a reduction in
funds,
2) If Federal or State regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Agreement,
3) If any license or certificate required by law or regulation to be held by
Contractor, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied, revoked, or not renewed,
or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Contractor, if a receiver or trustee is
appointed for Contractor, or if there is an assignment for the benefit of
creditors of Contractor.
Page 20
Any such termination of this agreement under paragraph (a) shall be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the
time specified herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from City, fails to
correct such failures within ten (10) days or such other period as City may
authorize.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Contractor shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this.,agreement.
If City- terminates this Agreement under paragraph (b), Contractor shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Contractor bear to the total services otherwise
required to be performed for such total fee; provided, that there shall be deducted from
such amount the amount of damages,if any, sustained by City due to breach of contract
by Contractor. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
16. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts,
and transcripts.
17. Work is Property of Citi
All work performed by Contractor under this Agreement shall be the property of the City.
18. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its
employees, including but not limited to laws,rules, regulations, and policies concerning
workers' compensation, and minimum and prevailing wage requirements.
R. 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.
Page 21
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local
statutes, ordinances and regulations dealing with the prevention of environmental
pollution and the preservation of natural resources that affect the work under this
contract are by reference incorporated herein to the same force and affect as if set
forth herein in full. If the Contractor must undertake additional work due to the
enactment of new or the amendment of existing statutes, ordinances or regulations
occurring after the submission of the successful bid, the City shall issue a Change
Order setting forth the additional work that must be undertaken. The Change Order
shall not invalidate the Contract and there shall be, in addition to a reasonable
extension, if necessary, of the contract time, a reasonable adjustment in the contract
price, if necessary, to compensate the Contractor for all costs and expenses incurred,
including overhead and profits,as a result of the delay or additional work.
Pursuant to ORS 279C.525(1), the following list identifies Governmental Agencies of
which the City has knowledge that have enacted Environmental Laws which may affect
the performance of the work:
FEDERAL AGENCIES
Agriculture
® Department of Forest Service
• Soil Conservation Service
➢ Defense
® Department of Army Corps of Engineers
➢ Energy
® Department of Federal Energy Regulatory Commission
➢ Environmental Protection Agency
Department of Health and Human Services
➢ Housing and Urban Development
0 Department of Solar Energy Conservation Bank
Interior,Department of
® Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
« Bureau of Land Management
® Bureau of Mines
• Bureau of Indian Affairs
• Bureau of Reclamation
® Geological Survey
® Minerals Management Sen ice
Labor,Department of
• Mine Safety and Health Administration
® Occupational Safety and Health Administration
➢ Transportation,Department of
® Coast Guard
• Federal Highway Administration
Water Resources Council
Page 22
STATE AGENCIES
Administrative Services,Department of
Agriculture, Department of
➢ Columbia River Gorge Commission
Consumer&Business Services,Department of Oregon Occupational Safety&
Health
➢ Division
Energy,Department of
Environmental Quality,Department of
Fish and Wildlife,Department of
➢ Forestry,Department of
Geology and Mineral Industries,Department of
➢ Human Resources,Department of
Land Conservation and Development Commission
Parks and Recreation,Department of
➢ Soil and Water Conservation Commission
State Engineer
➢ State Land Board
Water Resources Board
LOCAL AGENCIES
➢ City Council
County Court
County Commissioners,Board of
Port Districts
Metropolitan Services Districts
County Service Districts
Sanitary Districts
➢ Water Districts
Fire Protection Districts
19. Chanes
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.
Page 23
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion
of responsibilities hereunder due to causes beyond the control and without fault or negligence
on the part of the party so disenabled, including, but not restricted to, an act of God or of a
public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide
strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to
such cause;provided that the party so disenabled shall within ten (10) days from the beginning
of such delay, notify the other party in writing of the causes of delay and its probable extent.
Such notification shall not be the basis for a claim for additional compensation. Each party
shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or
default and shall, upon cessation of the cause, diligently pursue performance of its obligation
under Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the
terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any
future occasion.
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Contractor
from liability under warranties contained in or implied by this contract.
23. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this contract, the parties agree
that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees
and court costs including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any questions arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
25. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the proposal of the Contractor, this
instrument shall control and nothing herein shall be considered as an acceptance of the said
terms of said proposal conflicting herewith.
26. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and
Page 24
local laws, it being understood that acceptance of a contractor's work by City shall not operate
as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, agents and employees and
hold them harmless from any and all liability, causes of action, claims, losses, damages,
judgments or other costs or expenses including attorney's fees and witness costs and (at both
trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by
any person or entity which in any way arise from, during or in connection with the
performance of the work described in this contract, except liability arising out of the
negligence of the City and its employees. If any aspect of this indemnity shall be found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
27. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall. include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
by City-is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's
expense, and keep in effect during the term of this contract, Comprehensive General
Liability Insurance covering Bodily Injury and Property Damage on an "occurrence"
form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will
be carried:
Coverage Limit
General Aggregate $4,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at contractor's
expense, and keep in effect during the term of the contract, "Symbol 1" Commercial
Automobile Liability coverage including coverage for all owned, hired, and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000.
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
Page 25
656.017,which requires them to provide workers' compensation coverage that satisfies
Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single
location within Oregon for more than 30 days in a calendar. year. Contractors who
perform work without the assistance or labor of any employee need not to obtain such
coverage." This shall include Employer's Liability Insurance with coverage limits of
not less than$100,000 each accident.
D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and
employees shall be added as additional insureds with respect to this contract. All
Liability Insurance policies will be endorsed to show this additional coverage.
E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten
by an insurance company deemed acceptable by the City. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Certificates of Insurance: As evidence of the insurance coverage required by the
contract, the contractor shall furnish a Certificate of Insurance to the City. No
contract shall be effected until the required certificates have been received and
approved by the City. The certificate will specify and document all provisions within
this contract. A renewal certificate will be sent to the above address 10 days prior to
coverage expiration.
G. Independent Contractor Status: 'I`he service or services to be rendered under this
contract are those of an independent contractor. Contractor is not an officer,
employee or agent of the City as those terms are used in ORS 30.265.
H. Primary Coverage Clarification: All parties to this contract hereby agree that the
contractor's coverage will be primary in the event of a loss.
I. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be
included in all general liability,professional liability, pollution and errors and omissions
policies required by this contract.
A copy of each insurance policy, certified as a true copy by an authorized representative of the
issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form
satisfactory to City certifying to the issuance of such insurance shall be forwarded to:
City-of Tigard
Attn: Office of Risk Management
13125 SW Hall Blvd
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. Ten days
cancellation notice shall be provided City by certified mail to the name at the address listed
above in event of cancellation or non-renewal of the insurance. The procuring of such required
insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said
Page 26
insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss
caused by negligence or neglect connected wid-i this contract.
28. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery-
or by mail. Notices, bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD C.R.CONTRACTING
Attn: Mike McCarthy,P.E., Sr Proj Engineer Attn: Russell Davis,President
Address: 13125 Ste'Hall Blvd Address: PO Box 6717
Tigard, Oregon 97223 Bend, Oregon 97708
Phone: (503) 718-2462 Phone: (503) 201-2540
Fax: (503) 624-0752 Fax: (541) 610-1715
Email: mikemntiard-or ov Email: russell(a�crcontract.com
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid. In all other instances, notices,bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom
notices,bills and payments are to be given by giving written notice pursuant to this paragraph.
29. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance
of this Agreement. That list shall identify the location of storage and use of all such hazardous
substances and identify the amounts stored and used at each location. Contractor shall provide
City with material safety data sheets for all hazardous substances brought onto City property,
created on City property- or delivered to City pursuant to this Agreement. For the purpose of
this section, "hazardous substance" means hazardous substance as defined by ORS 453.307(5).
Contractor shall complete the State Fire Marshall's hazardous substance survey as required by
ORS 453.317 and shall assist City to complete any such survey that it may be required to
complete because of substances used in the performance of this Agreement.
30. Hazardous Waste
If, as a result of performance of this Agreement, Contractor generates any hazardous wastes,
Contractor shall be responsible for disposal of any such hazardous wastes in compliance with
all applicable federal and state requirements. Contractors shall provide City with
documentation, including all required manifests, demonstrating proper transportation and
disposal of any such hazardous wastes. Contractor shall defend,indemnify, and hold harmless
City for any disposal or storage of hazardous wastes generated pursuant to this Contract and
any releases or discharges of hazardous materials.
31. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the remainder of this Agreement shall remain in full.
force and effect and shall in no way be affected or invalidated thereby.
Page 27
32. Demolition—Salvage and Rec9yclin�
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and
demolition debris if feasible and cost-effective.
33. Complete Agreement
This Agreement and attached exhibits constitutes the entire Agreement between the parties.
No waiver,consent, modification, or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made, shall be effective only in specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this.;agreement. Contractor, by the signature of its authorized representative, hereby
acknowledges that he has read this Agreement, understands .it and agrees to be bound by its
terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD C.R.CONTRACTING
Signature --Signature
VOY e d��-1 G ,�t� ' ✓`�S�
Printed Name&Title Printed Name&Title
Date Date
Page 28
ATTACHMENT c
PUBLIC IMPR CITY OF TIGARD,OREGON
Bond Number, 754184P OVEMF-NT CONTRACT-PERFORMANCE Boor)
Project Name,'-MtY-VfJ1ga[d 2013 Spring Crack Seal
Indemnity Company of California
,(Surety#1) Bond Amount No, 1: $10_,000.00
-Viesing multiple virefies (Surety#2)* Bond Amount No,2:* $
We, CR Contracting, LLC Total Penal Sum of Bond,, u0,00-0--00
Surety(ies),authorized to transact surety business in Oregon,as as Principal, and the above identified
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 Ore n, the sum of(total penal
W
Sum of Bond)-NiGgly-Thousand Dollars a ($90,000.
-22q�jr�ro Cents
(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 Of 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 ate contained in the above-referenced Project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard
specifications,special provisions, schedule of performance,and schedule of Contract prices,are made a
part of this Performance Bond by reference,whether or not attached to the contract(all hereafter called
"Contract',and
WHEREAS, the Principal has agreed to Perform the Contract in accordance with the terms,
conditions, requirements, plans, and specifications, and all authorized modifications of the Contract
which increase the amount of the work, the amount of the Contract, or Constitute an authorized
extension of the time for Performance, notice of any such modifications hereby being waived by the
Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the principal herein
shall faithfully and truly observe and comply with the terms of the contract and performs the
contract within the time prescribed by the contract,then this obligation is null and void; otherwise it
shall remain in full force and effect. If the contractor is declared by City to be in default under the
contract, the surety shah promptly remedy the default,perform all Of contractor's obligations tinder
the contract in accordance with its terms and conditions and pay to City all damages that are due
under the contract. This obligation jointly and severally binds the contractor d surety d
respected heirs, executors, administrattr a nUr ty an their
ors,and successors, Nonpayment of the bond premium shall
not invalidate this bond not shall the City of Tigard be obligatedforthe payment of any premiums.
This bond is executed for the purpose of complying with ORS 279C and the Tigard Public
Contracting Rules, the provisions of which are incorporated herein and made a part hereof,
Said surety for value received, hereby stipulates and -agrees that no change, extension of time,
alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the
specifications accompanying the same shall in anywise affect its obligations on this bond,and it does
Page 29
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Sierra Proctor,Stacy Gulnac, Heather Chesbro,Jeff Weichman,Chris Intlekofer,jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this October 4th,2011,
By: V047,e "',
PANYO
Daniel Young,Senior Vice-President
2 f r�rv�
"Ca 7 q
By: �`^ a 0 OCT,60
Steve A.Tvedt,Vice-President
ra: t 9 J t'I; w 1.x.+67 �
State of California
County of Orange
On October 4,2011 before me, Antonio Alvarado Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Younq and Steve A Tvedt
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
ANTONIO NIO ALVAF�ADO capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the instrument.
w P OTAJW Ptd CALIFORNIA IA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORAW3 Y RI
true and correct.
Y�. #?irms Aug,9,ZI3
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Antonio Alvarado,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate isexecutedin the City of Irvine,California,this" day of V , 1017
By: ''
'Gregg Oku Olistant Secretary
ID-1380(Rev.10/11)
hereby waive notice of any such change,extension of time,alteration, or addition to the terms of the
contract or to the work or to the specifications.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXTI-CUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL RE,PRESENTATMES,
Dated this 27th,—_._day of February 2013
PRINCIPAL., CR Contracting, LLC
By-,
Russell Davis, Owner
Printed Name&Title
SURETy.- Indemnity Company of California
ATTORNEY
oreaeljsure�v�fjv-singm#4k bonds)BY -IN-FACT.,
(Power q(--4#0my must acroVag each sura*bona)
Sierra Proctor
I t
gmfure
5 Centerpointe, Suite 530
Ad—dress
Lake Oswego OR 97035
City State zip
503-684-9606 503-684-4065
Fho—ne
Fax
Page 30
AMCBMENT D
PUBLIC CITY OF TIGARD,OREGON
Bond Number., 754184P 'MPROVEMFNT CONTRACT-PAYMENT BOND
Project Name: City of Tigard 2013 Spirij_�ifr_ackS�ea)
Indemnity Company of California T{Surety#1)
BondArnountNo. 1! $io�1100.10
--(Surety#2)* Bond Amount No.2:*
gmwltole sureties Total Penal Sum of Bond: $
We, _,CR Co.ntracting, LLC $-9-0 000-00
as Principal, and the above identified
to transact
Surety(ies),authorized t 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 Ore on the sum of(total Penal
of Bond cW
Sum n
that we
(Provided,that
only for the p and actas well as "severally"
purposed each Surety bands itself,jointly and severally with thesucon or actions against any or all of us, and for all other
'rt fox the Payment of such sung
only as is set forth
urety),and
WHEREAS,the Principal has entered into a contract with the City of Tigard, the plans,specifications,
terms,and conditions Of which axe 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 schedttle of0 ctp c r d a
rid by reference, whether or not attached to the contract (all hereafter called
part of this Payment bo c ntm ri es,a e ma c
"Contract');and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms,
conditions,requirements, plans, and specifications, mid 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,TI-JE CONDITION 01"MIS BOND IS SUCII that if the Principal shall
faithfully and truly observe and comply with the terms,conditions,and provisions of the Contract,it,all
respects,and shall well and truly and fully do and perforinvIl matrers,and things by it Mdett;Lken to be
performed under said Contract and any duly authorized modifications that are made,upon tile terms scat
forth therein,and vfthiti the time prescribed therein,or as cxtetided therein as provided in the Contract,
with or without notice to the Sureties, and shall ixideimii6, 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 conticction with Or arising out of the
,sijbcontm,ctors,and sliall promptly pay all 1')e 11,
petfon=nce of the Contract by the Contractor or its
supplying labor, matexials, 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
Mind and die State Ullct"PIOYwellt Compensation Fund from the Principal or its subcontractors in
connection uith the pt.-rforniance of the Contract, and shall pay over to the Oregon Department of
Revenue all sums required to be deducted and retained from the wages of employees of the p Pal
and its subcontractors pursuant to ORS 316,167, and shall permit rinci
nit no lien riot claim to be filed or
Page 31
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Sierra Proctor,Stacy Gulnac, Heather Chesbro,Jeff Weichman, Chris Intlekofer,jointly or severally'
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of
said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary orAssistant Secretary this October 4th,2011.
B _ „a„o
Daniel Young,Senior Vice-President 90"'.1,
— P Y
IBy: � � y G��y� a t ftb OCT.5 ✓
c7 .�
Steve A.Tvedt,Vice-President k � p
State of California
County of Orange
On October 4,2011 _ before me, Antonio Alvarado,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Younq and Steve A Tvedt
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
ANTONIO NIO ALVA ADO capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
01 0
which the person(s)acted,executed the instrument.
NOTARY �C.ALCt9 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORANGE COUNTY `” true and correct.
My oum,som Aug,9,20113
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Antonio Alvarado,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards.of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this day of �.
By: -- —
Gregg Oku Olistant Secretary
ID-1380(Rev.10/11)
prosecuted against the City On account of any labor or materials furnished; and shall do all things
required of the Principal by the laws of the State of Oregon, then this obligation shall be void,
otherwise,it shall remain in M 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 2790 and Tigard Public
Contracting Rules,the provisions of which are incorporated into this bond and made a part hereof
IN WITNESS WHEREOF, WE, FhkVE CAUSED THIS INMUNJENT TO BE E)MCUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATRTS,
Dated this 27th day of. February 2013
PRINCIPAL- CR Contracting, LLC
By:
Signature
Russell Davis, Owner
Printed Name&Tide
Attests
SURE�Ty. Indemnity Company of California
(Add sj�nalgmrfior=hwm
�*
BY ATTORNEY-IN-FACT..
(Pover-qf-A#or,y9,,',V1'#azot*ag each aver ,bona)
Sierra Proctor
Ile
,5-gentqTointe, Suite 530
Address
Lake Osweqo OR 97035
City State Zi.1 P
503-684-9606 503-684-4065
Phone Fax
Page 32
ATTACHMENT E
CITY OF TIGARD
SUPPLEMENTARY GENERAL. CONDITIONS
FY 2012-13 PAVEMENT MANAGEMENT PROGRAM
SPRING CRACK SEAL
The following provisions supplement and amend the General Conditions (defined in the Agreement).
Section 00120, Bidding Requirements and Procedures --
Note that this section has been modified earlier in these bid documents
Section 00130,Award and Execution of Contract—
Note that this section has been modified earlier in these bid documents
Section 00150.10(a) Order of Precedence Delete -- Delete the entire subsection and replace it with
the words "(a) subsection not used."
Section 00150.40(a) Cooperation and Superintendence by the Contractor, General--Add the
words,"within the limitations in Oregon Law regarding public records." to the end of the sentence in
bullet item 7.
Section 00160.10 Ordering, Producing and Furnishing Materials --Delete the last two sentences in
the opening paragraph.
Section 160.10(b)Approval of Quantity of Materials Ordered--Delete the sentence, "Therefore,
the Contractor is cautioned to order or produce Materials only after having received the approval of the
Engineer. " Delete the sentence, "Excess Materials, ordered or produced by the Contractor,without
approval of the Engineer,may be purchased by the Agency at the sole discretion of the Agency. (see
00195.80)"
Section 165.03 Testing by Agency-- Delete the words "its central laboratory, field laboratories, or
other" from the first sentence.
Section 170.10(d) Agency's Payment of the Contractor's Prompt Payment Obligations --change
the word"ODOT" to "Agency".
0
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(x) Subcontracting Limitations, General-- Delete the fust sentence.
Section 180.22 Payments to Subcontractors and Agents of the Contractor--Delete the second
paragraph.
Page 33
Section 180.31 (b)(1) Reason for Substitution--.add the following 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, " 'hen the
Contract Time is stated in Calendar Days, counting of Contract Calendar Days will begin with the first
Calendar Day following the date of the Notice to Proceed."
Section 195.10 Payment for Changes in Materials Costs,Delete entire section.
Section 195.12 Steel Material Price Escalation/De-Escalation Clause --Delete entire section.
Section 195.50(x)(2)Value of Materials on Hand -- Delete paragraph.
Section 195.50(b) Retainage: Change the first paragraph to read. "The amount to be retained from
progress payments will be 5% of the value of Work accomplished, and will be retained in one of the
forms specified in Subsection (c) below.
Section 195.60 Advance Allowance for Materials on Hand: Delete entire section.
Section 195.80 Allowance for Materials Left on Hand: Delete entire section.
Section 199.40 Claims Decision Review, Delete entire section.
Page 34
ATTACHMENT F
CITY OF TIGARD
SPECIAL PROVISIONS
FY 2012-13 PAVEMENT MANAGEMENT PROGRAM
SPRING CRACK SEAL
The Special Provisions contained herein have been prepared by or under the direction of the following
Registered Engineer.
Michael.D. McCarthy,P.E.
WORK TO BE DONE
The Fork to be done under this Contract consists of applying crack seal on the streets shown on
plans entitled:
CITY OF TIGARD OREGON
FY 2012-13 PAVEMENT MANAGEMENT PROGRAM
Spring Crack Seal
APPLICABLE SPECIFICATIONS
The Specification that is applicable to the Work on this Project is the 2008 edition of the "Oregon
Standard Specifications for Construction". For this project, when the specification says `Agency' it
may typically be understood to mean `City' in project-specific cases, but may refer to the Oregon
Department of Transportation, especially in cases of standards and testing.
All number referencesin these Special Provisions shall be understood to refer to the sections and
subsections of the Standard Specifications and Supplemental Specifications bearing like numbers and
to sections and subsections contained in these Special Provisions in their entirety. The following
provisions supplement and amend the Technical Specifications (defined in the Agreement).
Page 35
SECTION 00120 —BIDDING REQUIREMENTS AND PROCEDURES
Note that this section has been modified earlier in these bid documents.
SECTION 00130 -AWARD AND EXECUTION OF CONTRACT
Note that this section has been modified earlier in these bid documents.
SECTION 00140 — SCOPE OF WORD
Note that the City's available budget for this project is $90,000. The size of the project will
be adjusted to keep the total cost of the project within this available budget.
SECTION 00150 - CONTROL OF WORD.
Comply with Section 00150 of the Standard Specifications modified as follows:
The Contractor's attention is directed to 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.
SECTION 00170 -LEGAL RELATIONS AND RESPONSIBILITIES
Comply with Section 00170 of the Standard Specifications modified as follows:
00170.80(a) Responsibility for Damage in General - The Contractor shall perform Work, and
furnish Nlaterials and Equipment for incorporation into the Work, at the Contractors own risk, until
the entire Project has been completed and accepted by the City.
The Contractor shall provide adequate protection for property, vehicles, trees, landscaping, and other
items adjacent to the work area. Existing property, vehicles, plants, or other items injured or damaged
by reason of the Contractor's operations shall be replaced in kind at the Contractor's expense.
Contractor shall repair all damages to Work performed, Nlaterials supplied, and Equipment
incorporated into the Work,except as otherwise provided in this Section.
SECTION 00180 - PROSECUTION AND PROGRESS
00180.41 Project Work Schedules - add the following:
The contractor shall provide a work schedule acceptable to the engineer listing in order the streets
their crews will be working on each day, and shall provide a printed updated schedule to the engineer
or inspector before making any changes to the work schedule.
At the beginning of each work day, the contractor shall telephone the inspector and notify him of the
specific work locations and schedule for that day, and shall keep the inspector informed so that the
inspector is always kept aware of the crew's exact work location at all times through the project.
00180.50(h) Contract Time —
Work to be done under this project must be substantially complete by the end of the day
on June 15th, 2013. .All punch list items and cleanup must be complete by June 30th, 2013.
Page 36
00180.85(b) Liquidated Damages - Add the following paragraph:
The liquidated damages for failure to complete the Work on time required by 00180.50(h) will
be $300 per Calendar Day.
SECTION 00220 -ACCOMMODATIONS FOR PUBLIC TRAFFIC
Comply with Section 00220 of the Standard Specifications modified as follows:
00220.02 Public Safety and Mobility—Add the following:
1) Streets shall not be closed for this project;at least one lane of traffic (with flaggers) must be
kept open at all times.
2) Work on.Arterials and Collectors is limited to the hours of 9:OOam to 3:OOpm.
3) Work will not be permitted near schools when students would be going to or from school.
4) Signage and traffic control must be provided in accordance with the Manual on Uniform
Traffic Control Devices, the Oregon Temporary Traffic Control Handbook, and other
applicable standards. Prior to working on any street, the contractor must have obtained the
engineer's approx al of a traffic control plan for that street. The engineer and/or inspector
may order immediate stoppage of work and restoration of normal traffic patterns if,in their
judgment, such action is necessary to reduce traffic delays and/or protect public safety.
5) Cost for all work under this section shall be considered as incidental to application of the
crack seal.
SECTION 00225 - WORK ZONE TRAFFIC CONTROL
Comply with Section 00225 of the Standard Specifications modified as follows:
00225.02 General Requirements –Add the following:
The contractor is reminded of their responsibility to provide a clear zone for their crews to work
in. This may necessitate temporary `no parking' signage, conversations with neighbors about
removing objects obstructing the work area, etc. At the beginning of the project, the city- will
provide signs and flyers that can be used for this purpose.
The contractor shall obtain the engineer's approval of all signage and communication methods to
be used for this project. Notify the engineer and/or inspector of any non-cooperative neighbors
at least 24 hours before work would be affected.
The contractor is reminded it is their responsibility to protect their work from damage caused by
traffic or other factors, especially when the sealant is setting or drying. Damaged crack seal shall
be repaired by the contractor at no cost to the city.
00225.91 Temporary Signing-Add the following:
All temporary traffic signs are considered incidental to the work being performed.
Temporary signs shall be removed promptly (as determined by the engineer) when they are
no longer in effect.
Page 37
SECTION 00290 - ENVIRONMENTAL PROTECTION
Comply with Section 00290 of the Standard Specifications modified as follows:
00290.32 Noise Control—Change work hours to 7:30 am to 7:00 pm in 1"paragraph.
SECTION 00746 — Crack Sealing Flexible Pavements
Comply-with Section 00746 of the Standard Specifications modified as follows:
00746.00 Scope—Add the following:
The City's available budget for this project is $90,000. Potential contractors will be asked to provide a
unit price per linear foot of crack seal installed in accordance with these plans and specifications. The
sive of the project will be adjusted to keep the total cost of the project within this available budget.
Clean and seal all readily visible cracks and open joints 1/8" or larger in accordance with this section
and as directed by the engineer. This includes cracks with existing sealant that no longer seals the crack.
This includes the perimeter of existing pavement patches or other objects in the paved surface. Clean
and seal along all curbs that do not have existing intact crack seal.
Prior to crack sealing, clean all cracks in accordance with section 00746 and all other specifications and
as directed by the engineer.
00746.42 Installation Procedure—The contractor's attention is drawn to the cleaning and installation
requirements of this section. Add the following:
Cracks must be completely free of all loose and/or foreign matter (including weed removal) before
sealant is applied.
Use a disk to finish edge sealing along curbs.
Protect manholes,valve boxes, drop inlets, and other service entrances from the crack seal by a suitable
method. Clean these covers as quickly as possible after the application of the crack seal and definitely
prior to the final set. Clean any crack seal from the interior of the utilities.
After setting, the sealant must provide a complete seal of the crack, covering all asphalt surfaces in the
crack. Adjust for any settling or shrinkage when applying the sealant. If settlement, shrinkage, or any
other factor brings the surface of the crack seal more than 1/8" below the surface of the asphalt,
contractor shall apply additional layer(s) of crack seal in order to bring the sealant material flush with the
surface.
00746.80 Measurement—Add the following:
Sealed crack quantities will be measured on a length basis (linear foot). l\Ieasurement shall be
performed on a daily basis.
Work not meeting the requirements of this section will not be measured for payment.
00746.90 Payment—Add the following:
The contract unit price paid for Crack Sealing shall include full compensation for furnishing all labor,
materials, tools, equipment, signs, notification, traffic control, incidentals, and all other costs for doing
Page 38
all the work involved in application of crack seal, complete in place,which includes signage,preparation
and cleaning, protection of any and all facilities or appurtenancesin the roadway, protection of the
sealant from vehicles and pedestrians, cleanup of any misapplied sealant and any remaining materials
used on this project,and all other work necessary for a complete project.
Page 39
ATTACHMENT G
CITY OF TIGARD
STANDARD DETAILS
FY 2012-13 PAVEMENT MANAGEMENT PROGRAM
SPRING CRACK SEAL
The following detail drawings apply to this project and are hereby made a part of the contract
documents.
1. All drawings incorporated mto or referenced by the FY 2012-13 PAVEMENT
M�NAGEMENT PROGRAM—Crack Seal plans dated February-6, 2013
ATTACHMENT H
CITY OF TIGARD
OREGON PREVAILING WAGE RATES
FY 2012-13 PAVEMENT MANAGEMENT PROGRAM
CRACK SEAL
May be downloaded from http://x«vwboh.state.or.us/BOLI/WFID/PWR/pwr hook shtml.
The rate book dated January 1,2012 and all subsequent amendments to said rate book shall be in effect
for this project.