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R&R General Contractors ~ CP14004 City of Tigard 13125 SW Hall Blvd. 14 CONTRACT CHANGE ORDER #5 Tigard, Oregon 97223 AMENDMENT SUMMARY FORM Phone- (503) 639-4171 _' ! Fax- (503) 684-7297 Z www.ti and-or. or Project Title: 92 d Ave Street/Storm Improvements Project Manager: Michael D. McCarthy Contractor: R&R General Contractors, Inc. Original Contract CP14004- $560,024.45 Effective Dates:July 24, 2013 1 Change Order/Amendment Amount: $0.00 Accounting String: 420-8000-56005-95037-140 1 Amendment Percentage Running Total: -3% AMENDMENT DETAILS This is a bookkeeping chane order to adjust final quantities to match the amount of work performed. CHANGE ORDER DETAILS UNIT QUANTITY UNIT$ TOTAL$ Original Contract Amount $560,024.45 Chane Order 1 $2,500.00 Chane Order 2 ($60,626.60) Chane Order 3 $17,201.71 Change Order 4 $19,080.00 Chane Order 5 $3,518.55 TOTAL FINAL CONTRACT $541,698.11 REASONING FOR CHANGE ORDER/AMENDMENT QUESTIN P ER APPRO ING CITY STAFF Signature Signature 2a(4 Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for Signature the work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed the project's FY budget. F Date j J Page 1 of 2 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT 92ND AVENUE STREET AND STORM IMPROVEMENTS-#CP14004 CIP PROJECT#2013-95037 AMENDMENT #5 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and R&R General Contractors, Inc., hereinafter referred to as Contractor, entered into on the 24"' day of July,2013,is hereby amended as follows: 8. Compensation A. Progress Payments: City agrees to pay Contractor ' 1 r.,~d..e '" i� rte. Five �T.,..,�t-ed �.;.., . r,:._1.. r7 ,.4.,. ..j,r i i u r d c 7d 457�OA�,�ll�t — � E,��34 } ; k tri d i 1�t(Nf3t � 553 - } Five Hundred Forty One Six Hundred Ninety Eight and 11/100 Dollars ($541698.11 for performance of those services provided hereunder, which payment shall be based upon the following applicable terms: Project Scope Change Orders #1, #2, #3, and #4, as attached and along with this amendment, are hereby included in the contract documents for this project. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. C131 cam' C-Ind E;R;*of' Rival cuyttracimSll 7,,,,., A A WhWiZCd tR7ZU'fttft Signa PSignature ll MQ r��-AA Wli✓1f� 44'A ez Printed Name Printed Name !�,TA l �- Date Date CITY OF TIGARD 92nd Ave Improvements 95037 QUANTITY RECONCILLIATION Estimated Actual Actual Final ay Item Description Quinti Unit Quantity Cost Request 1 Mobilization 1 LS 1 43,000.00 2.0 Erosion Control 1.0 LS 1.0 2000.0 3.0 Clearing/Grubbing 1.0 LS 1.0 5000.0 4 Relocate existing street signs 1 LS 1.0 $1,000.00 5 Relocate existing park entrance sign 1 LS 1 $500.00 6 General Excavation in place 1825 CY 1890 $32,130.00 7 Ditch Excavation 5 CY 5 $300.00 8 Embankment G anular Mater 865 CY 865 $31,140.00 9 Loose Rip-Rap,Class 50 5 CY 0 $0.00 10 Retauhung Will,I ISE,./Geogrid 4250 SF 4398 $96,756.00 1980 11 Pedestrian Handrail 700 LF 0 $0.00 12 16"Curb 1140 LF 1170 $21,060.00 13 Reno-c Existing AC 270 SY 267 $2,136.00 14 3"Class C AC Pavement 47 TON 74.44 $13,399.20 15 1 1/2"-0"Aggregate Base Rock 10" 270 SY 267 $8,010.00 16 3/4"-0"Agg Base Rock 2"thick 270 SY 267 $4,005.00 17 Concrete Sidewalk 8300 SF 8085 $40,425.00 18 Cone Sidewalk Wheelchair Ramps 7 all 7 $7,000.00 19 24"Concret Storm Sewer 54 3 LF 6 $1,800.00 20 12"DIP Sewer 5'-0' 197 LF 173.5 $17,350.00 21 12"DIP Sewer 10'-5' 26 LF 0 $0.00 22 10"DIP Sewer 5-0' 387 LF 384 $24,960.00 23 Standard Storm Manhole 1 EA 1 $4,000.00 24 60"pollution Control Manhole 1 E9 1 $6,000.00 25 Catch Basun CG-30 3 EA 3 $4,200.00 26 Concrete Headwall 3 E9 3 $3,300.00 27 WQ and Landscape Shrubs $0.00 27 Slough Sedge 496 EA 496 $5,902.40 28 O mm Spike Rush 496 EA 496 $5,902.40 29 Spreading Rush 496 EA 496 $5,902.40 30 Small Fruited Bulrush 496 E5, 496 $5,902.40 31 Big Leaf Maple 1 E1 7 $1,050.00 32 Western S-ireberry 17 EA 17 $340.00 33 Red Elderberry 17 Ek 17 $340.00 34 Oceanspray 17 EA 17 $340.00 35 Red-Flowering Current 17 EA 17 $340.00 36 Douglas Spir.a. 17 EA 17 $340.00 37 Salal 32 EA 32 $380.80 38 Bladhip Rose 32 E4 32 $380.80 39 Nootka Rose 31 EA 31 $368.90 40 Snowberry 31 EA 31 $368.90 41 Kirmickumick 490 EA 490 $5,831.00 42 Blue Oat Gass 490 E4 490 $5,831.00 43 Creeping Oregon Grape 490 EA 490 $5,865.30 44 Cold Plane AC Removal 220 SY 316.3 $1,473.96 45 Class C AC 740 TON 827.26 $58,694.10 46 Pavement Stripe 4"DY 980 LF 970 $1,697.50 47 Pavement Stripe 8"Whim 2065 LF 2026 $3,545.50 48 Pavement Marking-Bump 4 EA 4 $1,500.00 49 Marking-Speed Cushion 42 SF S4 $477.90 50 Marling-Raised Crosswalk 117 SF 271 $2,574.50 51 Marker-Bi-Directional(Yellow) 25 Irk 0 $0.00 52 Marker-B,Dirertional(White) 52 EA 0 $0.00 53 CO#1 Remv Haz Trees/stumps 1 LS 1 $2,500.00 54 CO#2a CL Fence Implace handrail 1 LS 1 $12,545.00 1003.08 55 CO#2b Flaggea 40 HR 10 $500.00 56 CO#2c Ex Slope&below wall 100 CY 60 $1,702.20 57 CO2c Embankment Below Wall 100 CS' 35 $1,627.85 58 CO#2e Portable Toilets 1 LS 1 $1,500.00 59 CO#3a WQ Pond topsoil 230 CY 230 $7,840.70 60 CO#3b WQ Pond Drain Rock 230 CY 230 $9,361.00 61 CO#4 Construct Wall Cap 700 LF 700 $18,200A0 9178 47 1CO#4 Remove Block on T&ltf 1G FIRS 20 $1,100A0 220 TOTAL 541,697.71 12381.08 R&RTOTAL $541,698.121 26,301.34 Retainage 38,682.42 Total amount due Page 2 of 2 City of Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd.Tigard, Oregon 97223 AMENDMENT SUMMARY FORM Phone- (503) 639-4171 F Fax- (503) 684-729"t www.ti and-or. ov Pro)ect Title: 92 d Avenue Street/Storm Improvements Project Manager: Mike McCarthy Contractor: R&R General Contractors, Inc. Original Contract#: $560,024.45 Effective Dates:July 24, 2013—June 30, 2014 Chane Order/Amendment Amount: $21,844.90) rW Accounting String: Amendment Percentage Running Total: (3.90)0/ AMENDMENT DETAILS CO #1 —Additional Hazardous Tree Removal—Add $2,500.00 CO #2—Omit Handrail—Deduct ($85,960.00) CO #2—Add Black Vinyl Coated Chain Link Fence—Add$12,545.40 CO #2—Add Modifications to Wall—Add$12,788 CO #3 —Additional Water Quality Site Topsoil—Add $7,840.70 CO #3—Additional Water Quality Site Drain Rock—Add$9,361.00 CO #4—Construction of Concrete Wall Ca —Add$18,200 CO #4—Block Removal—Add$880.00 CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Chane Order #1 LS 1 $2,500.00 $2,500.00 Change Order #2—See attached for breakdown LS 1 ($60,626.60) $60,626.60) Chane Order #3 —See attached for breakdown LS 1 $17,201.70 $17,201.70 Chane Order#4—See attached for breakdown LS 1 $19,080.00 $19,080.00 REASONING FOR CHANGE ORDER/AMENDMENT See attached for more details from project manager on nature of the changes. REQUESTING PROJECT MANAGER APPROVING CITY STAFF Signature Signature "at), Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unit pricing in the original contract shall apply to Signature all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT 921VD AVENUE STREET AND STORM IMPROVEMENTS-#CP14004 CIP PROJECT#2013-95037 AMENDMENT#1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and R&R General Contractors, Inc., hereinafter referred to as Contractor, entered into on the 24`h day of July,2013,is hereby amended as follows: 8. Compensation A. Progress Payments: City- agrees to pay Contractor Five 14utidted and 45/100 Dollars ($560,024.45) Five Hundred Thirty Eight Thousand One Hundred Seventy Nine and 55/100 Dollars ($538,179.55) for performance of those services provided hereunder,which payment shall be based upon the following applicable terms: Project Scone Change Orders #1, #2, #3, and #4, as attached and along with this amendment, are hereby included in the contract documents for this project IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD R&R GENERAL CONTRACTORS,INC. � 7( r See Change Orders for Authorized Signature Signature Signature Maf- 61A' �Uyfl Printed Name Printed Name I 2+ -2- Date Date �� CITY OF TIGARD CHANGE ORDER NO. I Protect/Contract No,: 2013.95037 Contractor Name&Address: Work Location: 92nd Ave Street& Storm R& R General Contractors,Inc. Improvements 3400 State St, Suite 0780 Salem,OR 97301 Contractor and the City of Tigard agree on the quantities described below in accordance with the ternis and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unit pricing in the original contract shall apply. Description of the Work(include Veclficadon ifnon standard items): Remove hazard trees and grind or treat stumps Description of Additional Work Unituanti Unit$ Total$ Original contract amount $560,024.45. Remove hazard ttees and grind or treat stumps (add) $2,500.00 New contract amount $362,524.45. CITY of TIGARDId C TRACTOR Sigiiaturc: ` Signatrne: Name:Michael D.McCarthy Nnilie: esse Ro iguez Title: Project Engineer Title: President Date: $' l� Date: Approved: x'1115 J Date 92nd Avenue Street and Storm Improvements Project Potential Change Order FROM: CONTRACTOR R&R General Contractors, Inc. 3400 State St, Suite G780 Salem , OR 97301 DATE: 9/4/2013 OWNER TO: City of Tigard 13125 SW Hall Blvd PCO No.: 1Rev.1 Tigard Oregon 97223 Original Contract Sum $560,024.45 Original Net Change by Amendment $0.00 Net Change by Change Orders $0.00 Contract Sum to Date $560,024.45 PCO SUMMARY QTY UNIT PRICE 1 Additional Tree Removal 1 Is $2,500.00 $2,500.00 Price Breakdown: Includes Removal of 10 additional trees&Treating of Stumps as identified by the city arborist TOTAL PCO#01Rev.1 $2,500.00 NEW CONTRACT TOTAL $562,524.45 By;Jesse Rodriguez Project Manager Date By:City of Tigard Representative Date CITY OF TIGARD CHANGE ORDER NO. 2 Project/Contract No,: 2013-95037 Contractor Name &Address: Work Location: 92"a Ave Street&Storm R&R General Contractors,Inc. Improvements 3400 State St. Suite 0780 Salem,OR 97301 Contractor and the City of Tigard agree on the quantities described below in accordance with the terms and conditions detailed vi the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unitpficing in the ori ural contract shall apply. Description of the Work (include specification if non standard items): In lieu of Handrail,substitute 4'Black Vinyl Coated Chain Link Fence with top rail per Section 01050. Nall Modification based on actual quantities and establish unit prices. i I .Description of Additional Work Unit Quantity Unit$ Total$ Previous contract amount $562,524.45 1. Omit Item 11,Handrail ($85,960.00) 2. 4' Black Vinyl Coated Chain Link Fence with $12,545.40 top rail per Section 01050 3. Wall Modification a. Additional Flaggers if needed Hour 40 $50 $2,000.00 b. Excavate slope&below wall CY '100 $28.37 $2,837.00 c. Embankment below Rall CY 100 $46.51 $4,651.00 d. Trench Paving Ton 10 $180.00 $1,800.00 e. Portable Toilets LS All $1,500.00 $1,500.00 Total $12,788,00 New contract amount $501,897.85 CITY OF TIGARD C_QNTRACTOR Signature �'&atrn� Name:Michael D. McCarthy1\r«7 esse Rodri uez Title: Project Engineer Ti!/e; President Date: 10 -10-2013 Dale: Approved: JM Date0�, 10-13 e� CITE'OF'T lGARD CHANGE ODDER No. 3 Project/Contract No.: 2013-95037 Contractor Name &Address: _ Work Location: 92nd Ave Street&Storm, R& R.General Contractors, Inc. Improvements 3400 State St. Suite 0780 t Salem,OR 97301 Contractor and the Cit; of `t'i11 agree on the quantities described below ill accordance ��ith the teens and conditions detailed in the original contract along with all applicable rules, reg dations, and laws that may be in effect for the worl�. The unit pricing in the original contract shall a h7. Description of the Work(include speciiicadon if non standaidAenis): 1. Establish Cost for WQ Pond Topsoil 2. Establish Cost for WQ Pond Drain Rock 3. Add Extension to catch basins that were necessary to provide clearance between the existing water train and the new catch basin. Descri tion of Additional`Fork Unit Quantity Unit$ Total$ Previous contract amount $501,897.85 1. WQ Pond Topsoil CY 230 $34.09 $7,840.70 CY 230 $40.70 $9,361.00 2. WQ Pond Drain Rock i X3.7$ Total y, ot'j,To IdFew contract amount CITY OF TIGA.RD CONI 1.OR --� � signature Signattor: •� wine: Michael D. McCarthy Aral e: Je'W Rodriguez "title: Project Engineer T.ifle: President i Date: 10 -2013 Dale. i f�l��r� �lppro�ed: Date 10- CITY OF TIGARD CHANGE ORDER NO. 4 Project/Contract No.: 2013-95037 PR& tractor Name &Address: Work Location: 92"d Ave Street& Storm R General Contractors, Inc. Improvements 3400 State St. Suite 0780 Salem, OR 97301 Contractor and the City of Tigard agree on the quantities described below in accordance with the terns and conditions detailed in the original contract along with all applicable rules, regulations, and latus that may be in effect for the work. The unit L)ticing in the original contract shall a i pl y. Description of the Work (include specification ifnon standard items): Construct a concrete wall cap to match the grade of the back of the sidewalk according to PCO #8, related einail; using the approved concrete mix for the sidewalk. Construct transverse expansion joints at approximate 45' spacing (above the corner of a wall step if there is one) and contraction joints above each wall step and at 15'spacing otherwise & at each point where the cap is 4" thick. Remove wall blocks as required for a 4"minimum thickness. Place a continuous expansion joint along the back of sidewalk. Description of Additional Work Unit Quantity Unit$ Total$ Previous contract amount $520,891.55 Construct concrete wall cap L.F. 700 $26.00 $18,200.00 Remove blocks on a Time &Material basis Hour 16 $55.00 $880.00 Total Change Order Amount $19,080.00 New contract amount $539,971.55 CITY OF TIGARD CONYCTOR nature SiIn : lo 0 K� .St�urr/rnY; Name: Michael D. cCarthy Alazlie essc Rodrigiie—x�— Title: Project Engineer 7N1e: President Date: 11- -2013 Dale; Approved: h' 1" ? �►l��'� Date 11- -13 Purpose of Change Order #4: The top of the wall was planned to have steps along the top at the approximate grade of the sidewalk.The steps were necessary due to the grade change of the road,which rises about 50 feet. The concrete wall cap will eliminate the steps by filling the top of the wall even with the sidewalk. 1 L 7- L J was._ .a�G-±+�>..,._,,,.;• , Removing a few of the blocks to provide a minimum 4 inch thickness of concrete was necessary according to the Engineer. Payment for removing blocks will be made on an actual cost basis. Y jo l The wall cap will fill the space from the back of the sidewalk to outside edge of the wall where the plywood form is. CITY OF TIGARD,OREGON CONTRACT SUMMARY FORM (FORMMUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION) Contract Title: 92"d Avenue Street and Storm Improvements Number: a I J4 on Contractor: R&R General Contractors, Inc. Contract Total: $560,024.45 Contract Overview: Contractor will provide construction services relating to the construction of a sidewalk on 92nd Avenue. (CIP #95037) Type: ❑ Purchase Agreement Start Date: 7/24/13 End Date: 6/30/14 ❑ Personal Service ® Public Improvement LCRB Award: 7/23/13 Department: PW Engineering ❑ IGA ❑ Other: Contract Manager: Mike McCarthy Quotes/Bids/Proposal: FIRM AMOUNT/SCORE R&R General Contractors $560,024.45 Braun Construction $596,110.50 Tim Smith Excavating $598.996.00 Pacific Excavation $668,218.00 Account String: Fund-Division-Account Work Order Number—Activit;Type Amount 420-8000-56005 95037-140 $560,024.45 AUnrovals Department Comments: R&R�/ �Ge�neral Contractors was found to be the low responsive bidder / y Department Signature: /4��'b' / 125 1?? Purchasing Comments: 1 Purchasing Signature: City Manager Comments: City Manager Signature: G � After securing all required approvals,forward original copy to the Contracting and Purchasing Oce along with a completed Contract Checklist. City ®f'Tigard 13125 SW Ball Blvd Tigard, Oregon 97223 Phone: 503-639-4171 Fax: 503-684-2797 CONTRACT DOCUMENTS for the construction of 92nd Avenue Street and Storm Sewer Improvements Project No.: CII' 2013-95037 O',PR A� OFFS 2 5,03 8P .r- ii' O Al 21,1 9Q Q- Gri DAVID M�P Approved by: Michael A.'Stone;P;E.,City Engineer EXPIRES: Bid Proposals Due & Bids-Open:July 2, 2013 - 2:00 PM l Version: ,February 11, 2010 CITY OF 'I'IGARD, OREGON 1 Y � 92ND AVENUE Street and Storm Sewer Improvements DATE'DUE: �July 2, 2013 TIME DUE: 2:00 PM Envelopes must be sealed and marked o6th project title. Bidders must submit one (1) original of their Bid. If a bid exceeds $100,000,Bidders inust submit a First Tier Subcontractor Disclosure Form.,provided ih this packet, to the City,no later than 4:00 PM,July 2,2013. PROJECT MANAGER: QPFsTioNs REGARDING T'HE BLD: -,"�-' Ivae hfcCarthy, P.E. Joseph Barrett, Sr. Management Analyst City of Tigard,Public Works Engineering City of Tigard, Procurement Office Phone: 503-718-2462 Phone: 503-718-2477 Fax: 503-624-0752 Fax: 503-684-2797 Email: mikeh-@tigard-or: oy Email: Joseph@tigard-or.gov SUBMIT BIDS TO: Joseph Barrett, Procurement Office City of Tigard—Information Desk 13125 SW Hall Blvd Tigard, Oregon 97223 Page 2 CITY OF TIGARD ADVERTISEMENT FOR BIDS 92ND AVENUE Street and Storm Improvements The City of Tigaxd will receive sealed bids from qualified firms at Tigard City Hall's Information Desk at 13125 SW Hall Blvd., Tigard, Oregon 972-23 until 2:00 PM local time,July 2, 2013 for the 92""' AVENUE Street and Storm Improvements construction project. Bids will be opened and publicly read aloud immediately after the bid's closing time and date at Tigard City Hall. The project, Street and Storm Improvements,generally consists of the following: 1. Construction of Concrete Curb and Sidewalk 2. Storm Sewer ImproN-ements 3. Retaining Walls 4. Temporary signage,protection,and traffic control 5. Construction of Asphaltic Concrete Overlay 6. Striping and Pavement Marking 7. Performance of additional and incidental-work as called for by the specifications and plans. The engineer's estimate of the cost of this work is approximately$520,000. Pursuant to Tigard Public Contracting Rule 30.055;•all bidders must submit a bid security to the City along xxrith their bid in.-ani amount equal to ten percent (109/0) of their base bid. In the event a bid exceeds $100,000,Bidders must submit a First Tier Subcontractor Disclosure Form, provided in this packet, to dze City no later than 4:00 PM local time,July 2,2013. The City anticipates this will be a prevailing wage rate project. The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be incorporated by reference as if fully set forth in any contract resulting from this Inx7tation' to Bid. Contractor shall provide proof to the City prior to the beginning Of any of the work that the Contractor has filed a public works bond xxdth a corporate surety in the amount of $30,000 with the Construction Contractors Board as required under Oregon PWR law. No bid will be considered unless fully compieted`in a manner provided in the bid packet. Facsimile and electronic (email) bids vv ll not be accepted nor rill bids be accepted after the stated opening date and time. Bids received after the closing time will be returned to the submitting firm unopened after a contract has been awarded for the required se vices. Bid packets may be obtained in person at Tigard City Hall's Information Desk located at 13125 SSC' Hall Blvd., Tigard, Oregon 97223, or by contacting Mike McCarthy, Public Works Engineer, at either (503) 718- ' 2462 or mikein@tigard-or.gov. The Cite may reject any bid not in compliance 'With all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the City if it is in the public interest to do so. Published: Daily-journal of Commerce Date: June 19,2013 Published: The Oregonian Date: June 19, 2013 'Page 3 TABLE OF CONTENTS TITLE PAGE TitlePage------------------------------------------------ ----------- -------------------------• ------------1 Advertisement for Bids 3 ---------------------------------------------------------------------------- Table or Content 4 INSTRUC'T'IONS TO BIDDERS Section 00120 Bidding Requirements and Procedures-------------------------------___.__._-------------- Section 00130 Award and Execution of Contract 14 BID BOOKLET AttachmentA Proposal------------------------------------------------------------------------------- ----19 Attachment B Acknowledgement ofAddenda---------------------------------------------------------------23 Attachment C Bid Certifications 24 Attachment D First Tier Subcontract Disclosure Form 25 Attachment E Bid Bond Form 26 CONTRACT BOOKLET Attachment F Public Improvement Contract-_-____-___-_____- 27 --------------------------------------------- -- Attachment G Performance Bond Fortn___.........._____---________-_-________-----------------------------------41 Attachment H Payment Bond Form------------------------------------------------- ----- 43 Attachment I Supplementary General Conditions______________ _________45 Attachment J Special Provisions--------------------- --------------------- ...............47 Attachment M Standard Details 64 Attachment N Oregon BOLI Prevailing Wage Rates-------------_---------_____---------- _fi5 DRAWINGS 92ND AVENUE Street and Storm Improvements - Dated May, 2013 Drawings pages:1 through 19 GEOTECHNICAL ENGINEER'S REPORT ARMY CORPS OF ENGINEERS AUTHORIZATION Page'4 SECTION 00120 - BIDDING REQUIREWIENTS AND PROCEDURES This Section replaces Section 00120 of the 2005 edition of the Oregon Standard Specifications for Construction. 00120.00 Bid Closing Time and Date-The advertisement,included in the Bid Booklet sets the deadline date and time for submitting bids. 00120.01 General Bidding Requirements -Bidders may obtain and submit Bids by paper before the deadline stated in the Advertisement for Bid and at the location stated hi the Advertisement for Bid. 00120.05 Requests for Solicitation Documents - Informational Plans and Specifications (not for bidding) are available at the City of Tigard, 13125 SW,Hall Blvd. Tigard,OR 97223 at no charge. Copies of die'Oregon Standard Specifications may be purchased at the MOT Procurement Office - Construction,Contractor Plans, 455 Airport Road SE,Building X,Salem,Oregon 97301-5348 (telephone (503) 986-6936). The Oregon Standard Specification can be obtained on line free of charge at: httn //w«�i oregon.gov/ODOT/H 'Y/SPECS/standard speciFications.shtml. (a) Paper Bids -Bidders must obtain Solicitation Documents from die City of Tigard,,13125 SW Hall Blvd.,Tigard, OR'97223. Each request must include bode the name of-the person orderuig or obtaining die Solicitation,Documents;andthe name of'the Entity,intending to use them. (The City-,Aill add'the nai-ne of the Entity ihtending,to,use the,Solicitation'Documents to,the list of Holders of Bidding Plans.) Bidders are cautioned that only Solicitation Documents obtained from the City of Tigard may be used to submit Bids. (b) Standards'and Specifications -The work embraced herein shall be done in accordance with the following standards and specifications. City of Tigard Public Improvement Design Standards..........._....._......Download from,the City's web site PP --------- --------------------------------------- Bid Booklet Oregon Standard Specifications Conditions Version 2008—Volumes 1 and 2__ Incl A eadtl Available from MOT (See web site address above) Copies of these standards and specifications can be found at die locations stated above. 00120.10 Bid Booklet-The Bid Booklet may include,but is not limited to: • Proposal • Acknowledgement of.addenda • Bid Certifications • First Tier Subcontractor Disclosure • Bid Bond By signing the Certificate of non-collusion,Bidder certifies that this bid/proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition. 00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be Encountered-Before submitting a Bid,Bidders shall carefully examine the site of the proposed Work, the Bid Booklet, Plans,and Specifications. Bidders shall also contact Utility owners to verify all Utilities'anticipated involvement on the Project Site. Bidders are also encouraged to review-any subsurface investigation material referenced in 00120.25 that may be available. Submission of a Bid will constitute confirmation that the Bidder has examined the Project Siie and Solicitation Documents, finds the Plans and Specifications to be sufficiently detailed and accurate to enable Bidder to properly perform the Work,and understands the conditions to be encountered in performing the Work and all requirements of the Contract. Page 5 The City and its employees will not be responsible for loss or unanticipated costs suffered by the Bidder because of the Bidd'er's failure to become fully informed about all conditions of the Work, or failure to request clarification of Plans and Specifications Bidder believes to be erroneous or incomplete. (a) Clarifications -Any clarification of Plans and Specifications needed by the Bidder shall be requested in writing through the Procurement Office_ Requests shall be made in sufficient time for the Agency's reply to reach all Bidders before Bid Closing= Oral explanations or interpretations given before receiving Bids for a Project will not be binding. To be binding,interpretation of the Plans and Specifications by the City-must be made by written Addendum furnished to all Holders of Bidding Plans according to 00120.30. Notification of erroneous or incomplete Plans or Specifications shall also be submitted to the Procurement Office. Such notification shall also be made in sufficient tune for the City to make any necessary modifications and issue Addenda to Bidders prior to Bid Closing. (b) Protest of Specifications or Terms -A bidder who believes any specifications or-terrns detailed in the bid packet orwsaminle contract(Attachment F) are unnecessarily restrictive or limit competition may submit a protest in,writung,,to the Procurement Office. A protest may be submitted via facsunnile. Any such protest shall include the reasons for the protest and shall detail any proposed changes to the specifications,or,terms. 'Me Procurement Office shall respond to any protest and,if necessary,shall issue any appropriate revisions,substitutions, or clarification via addenda to all interested Bidders. To be considered,protests must be received at least seven- (7) calendar-days before the bid closing date. The City shall not consider any protest against.aw-ard due to the content,of bid specifications or contract terms subnnitted after the established protest deadline. All protests should be directed to the Procurement Office and be marked as follow.=s Bid Specification/Term Protest 92AD AVENUE Street and Storm Sewer Improvements July 2,2013 City of Tigard Attn: Mike McCarthy,Public Forks Engineer 13125 SW Hall Blvd. Tigard; Oregon 97223 If a bid protest is received in accordance-with section above, the bid opening date maybe extended if necessary-to allow consideration of the protest and issuance of any necessary addenda to the bid documents. The Cull is not obligated to consider any protests unless the issue has first been submitted for clarification and a decision,issued under subparagraph (a) above. 00120.16 Material,Equipment, and Method Substitutions -V11-len the Contract specifies certain Materials,Equipment,and/or methods,the Bidder shall include those Materials, Equipment,and/or methods in the Bid unless die Engineer has issued an Addendum granting approval to substitute. The procedure for requesting approval is as follows: (a) Written Request - If a Bidder proposes to use Materials, Equipment and/or methods other than those specified, the Bidder shall send a w=ritten request to the Engineer, at least seven Calendar Days prior to Bid Opening,including complete descriptive and technical information on the proposed Materials,Equipment and/or methods. (b) Functional Similarity -1llaterials and Equipment proposed for substitution shall be similar in design, and equal or better in quality and function to those specified. Page 6 (c) Manufacturer's Infotmation -If manufacturers' brochtues or information is needed, the Bidder shall submit three topics of each with all pertinent information clearly marked. (d) Differences -The Bidder shall specifically,,note all differences between the specified Materials, Equipment and/or methods and the proposed substitutes. (e) Cost - Where a substitute will result u1 alteration of the design or space requirements, or any other modifications to the Plans, the Bidder shall-include in the substitution request all.items of cost for the revised design and construction. (f) Notification of Holders of Bidding PIans - If the Engineer approves any proposed substitution, such approval.. and any modifications necessitated to the design and constriction by the substitution, will be acknowledged by Addenda. Unles's the Engineer has approved substitutions of Materials, Equipment, and/or methods prior to opening of Bids, the Bidder shall f rnish the items specified in the Contract. Substitution after Award is specified in 00180.31(b),00180.31(c), and 00180.31(d). 00120:17. Use of City-Ow-nedLand for Staging or Storage Areas -The Contractor may use City-owned property for stagin&,or,storage areas,subject to the following limitations: (a) Within Normal Right-of-Way Limits -If approt ed by the Engineer, the Contractor mai-use available property, within the normal Right-o£-Way limits for the purpose of constructing improvements under the Contract. Where the City owns, or has rights to, other-adjacent properties in the Project area, "normal Right-of-Wap" is limited to a line drawn across that property connecting the normal Right-of-Way linuts on either side of the property. (b) Outside Normal Right-of-Way Limits - The Contractor may not use City-owned property outside of normal Right-of-Way limits for the Project without the approval of the City. If a Bidder obtains approval before submitting a Bid, use of the property will be at no cost to the 'Contractor, or at a cost stated by the Engineer upon granting approval, as confirmed by Addendum. If approval is not obtained before.submitting-a.Bid; acid_the,Contractor.proposes to.use City-owned property outside the normal Right-of-Wity'dirnits,then use of the property.may be approved by the Engineer, but the Contractor will be assessed fair market value, as determined by the Engineer, for use of the property` (c) Restrictions on Use - Contractors shall comply with all applicable latus,ordinances, and regulations pertaining to use of City-owned property, and shall: ° Not cause unreasonable impacts on traffic and other facility users. Clean up all hazardous materials deposited by, or resulting from, Contractor operations. Be responsible for all costs associated with use of the property. 00120.20 Interpretation of Quantities in Bid Schedule - Quantities appearing in the Bid Schedule are approximate and are provided only for comparison of Bids. The City does not warrant that the actual individual items,amount of Work, or quantities w i11 correspond to those shown in the Bid Schedule. Payment to the Contractor will be made only for actual quantities of Work perfornzed and accepted or Materials furnished and accepted, as required by the Contract. Quantities of Work to be performed and Materials to be fu.-r�shed may each be increased, decreased,or omitted as provided in 00120.30 and 00140.30. Page 7 00120.25 Subsurface Investigations - If the City or its consultant has conducted subsurface or geologic investigations of the proposed Project Site, the results of the investigations may, be included in written reports. If reports have been prepared,copies«.all be available at the Engineer's office. If the City has retained subsurface samples, they Nvill-also be available for inspection. Bidders and die Contractor may malte arrangements for vievang the samples through the City's office. The availability of subsurface information from die City is solely for the convenience of die Bidder and shall not relieve the Bidder or the Contractor of any risk, duty to make examinations and investigations as required by 00120.15, or other responsibility under the Contract Documents. It is mutually agreed to by all parties that: • The-written report(s) are reference documents and not part of the Contract Documents. • The subsurface investigations made by the City are for the purpose of obtaining data for planning and design of the Project. • The data concerining borings is untended to represent with reasonable accuracy conditions and materials found in specific borings at the time the borings were made. 00120.30 Changes to Plans,Specifications, or Quantities before Opening of Bids -The City may modif, the Solicitation Documents by issuance of an"Addendurn" to all prospective bidders Widen a reasonable tine prior to_bid closing to allow bidders to consider them in preparing their bids,but in no case less than 72 hours before the bid closing. If an Addendum is necessary after that tune, the City,at its discretion, can extend die closing date. Any Addendum issued, as a result of any change in the Solicitation Documents,must be acknowledged by submitting the ",'cknowledgment of Addenduin�' (Attaclunent B)with a proposal. Only questions that are answered b3'formal:;-ritten addenda will be biidmg. Oral and other interpretations or clarifications will be without legal effect. 00120.40 Preparation of Bids: (a) Bidding Considerations -Bids must be prepared on the Bid Proposal included in Attachment A and must be completed, signed,dated, and submitted prior to the closing date and time. U bids shall be prepared and submitted in ink or typewritten. By submitting a completed Bid,Form, the Bidder is stating their conformance with all requirements of-the Invitation to Bid which will be incorporated into any subsequent contract. Failure to comply with allrequirements set fordi in the Invitation to Bid may result ii-i the rejection of a bid. Bidders may refer to the following Subsections for requirements that may affect bidding considerations: 00120.80,Preference for Oregon Resident Bidders 00130.80,Restrictions on Commencement of Fork 00150.55, Coordination of Work 00150.75, Protection and Maintenance of Work 00160.20(a), But' America 0016020(b),Buy Oregon ° 0018020, Subcontracting Limitations . 00180.21, Subcontracting 00195.50(a-1), Incidentals ° 00195.00(a), Cost of Insurance and Bonds - Page 8 (b) Paper Bids -The Bidders shall not alter,in any manner, the paper documents bound Within the Bid Section. Bidders shall complete the certifications and statements included in the Bid Section of the Bid Booklet according to the instructions. Signature of the Bid'der's authorized representative thereon constitutes the Bidder's confirmation of and agreement to all certifications.and statements contained in the pap'erBid Booklet. Entries in the Bid Section shall be in ink or typed. Signatures and initials shall be in ink,except for changes submitted by facsimile (FAX) transmission as provided by 00120.60 (in which case FAX signatures shall be considered originals). The Bidder shall properly complete and bind all the paper documents in the Bid Section, as specified in 00120.10,between the front and back covers of the Bid Booklet, except that the Bid Bond is not required if another permissible type of Bid guaranty is provided. (see 00120.40(e)). (e) Recyclable Products -Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract set forth in this document. (d) Bid Schedule Entries- Using figures,Bidders shall fill in all blank spaces in the paper Bid Schedule. For each,item in,the paper Bid Schedule,Bidders shall enter the unit price and the product of the unit price multiplied by the quantity given. he unit price shall be greater than zero, shall containno more than two'decimal places to the right of the decimal point, and shall be expressed in U.S. dollars aind-cents (for exatnple,415025 or $0.37). 'Bidders shall also enter the total amountof'the Bid obtained by adding amounts,for all-items in the paper Bid Schedule. Corrections or changes of item entries shall he hi'ink,-With.incorrect entry lined out and correct entre- entered and initialed. (e) Bidd'er's Address and Signature Pages -Bidders shall include in the Bid the address to which all communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly authorized representative of the Bidder. (f) Bid Guaranty -All Bids shall be accompanied by a Bid guaranty in the amount of 10%of the total amount of the Bid.The Bid guaranty shall be either a Surety bond,irrevocable letter of credit issued by an insured institution as defiled in ORS 706.008 or security in the forth of a cashi'er`s check or certified check made payable to the Agency. ,(see. ORS 279C.365(4))'. If a'Surety bond is submitted,Bidders shalluse the Agency's standard'Bid Bond form included-with the paper Bid Brooklet. Bidders -hall submit the bond with original signatures and the Surety's seal affixed. The Bid guaranty shall be submitted b17 mail, delivery service,,or hand delivered to the offices and addresses, and at the times given in the paper.Bid Booklet Acceptable Surety companies are limited to those authorized to do business in the State of Oregon. Forfeiture of Bid guaranties is covered by 00130.60, and return of guaranties is covered by 00130.70. A Bidders bid security shall be forfeited if the Bidder fails to execute the contract promptly and properly if so awarded. The bid security of all unsuccessful bidders shall be returned after a contract has been executed or all bids have been rejected. (g) Disclosure of First-Tier Subcontractors - If a Bidder's Bid on a public irmprovernent,Project exceeds$100,000, the Bidder shall,xvitlun two working hours of the time Bids are due to be submitted, submit to the Agency, on a form provided by the Agency,a disclosure identifying any fust-tier Subcontractors that will furnish labor or labor and Materials, and whose contract value is equal to or greater than: 5% of the total Project Bid,but at least$15,000; or $350,000,regardless of the percentage of the total Project Bid. Page 9 For each Subcontractor listed, Bidders-shall state: • The name of the Subcontractor; • The dollar amount of the subcontract; and • The categoij of Work that the Subcontractor would be performing. If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so indicate by entering"NONE" or by filling in the appropriate check boa. For each Subcontractor listed,Bidders shall provide all requested information. An incomplete fornz will be cause for rejection of the Bid. The Subcontractor Disclosure Form may be submitted for a paper Bid either: • BV filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting it together with the Bid at the time and place designated for receipt of Bids; • Byremovingit from the paper Bid Booklet, filling it out and submitting it separately to the Agency Procurement Office, at the address or FAQ.number given in the Bid Booklet. Subcontractor,Disclosure Forms submitted by anymethod will be consideredlate if not received by the Procurement Office wirllin,two working hours of the time designated for receiving Bids. Bids not in,compliance with the requirements of this Subsection will be considered,non-responsive. 00120.45 Submittal of Bids: (a) Paper Bids -Paper bids may be submitted by mail,parcel delivery service, or hand delivety to the offices and addresses, and at the times given in the Bid Booklet. Submit paper Bids in a sealed envelope marked with the word "Bid"', the name of the Project, and the words "To Be Opened Only by Authorized Personnel" on the outside. If a delivery or courier sen ice is used, the Bidder shall place the sealed envelope containing the paper Bid inside the delivery or courier service's envelope. Closing time for acceptance of paper Bids is the time stated in the Advertisement on the,day,of°Bid Opening. Paper Bids submitted after the time set for receiving paper Bids rillnot be opened or considered. The Agency assumes no responsibility for the receipt and'return oflate'paper Bids. (b) Submission- One (1) original and one copy of the sealed Bid must be received before the stated closing time at the address listed blow. To assure that your bid receives priority treatment,please mark as.follows. 92'`"AVENUE Street and Storm Sewer Improvements JULY 2, 2013 City of Tigard—Information Desk Attn: Joseph Barrett,Contracts and Purchasing 13125 SW Hall,Blvd. Tigard, Oregon 97223 Bidders shall include their firm name and address on the outside of the envelope. Itis tlie bidder's responsibility to ensure that bids are received prior to the stated closing time.. The Cit-'shall not be responsible for the proper identification and handling of any bids submitted incorrectly. Page 10 (c) Bid Opening-Bids will be opened immediately following the deadline for receiving bids as stated in the Advertisement in Tigard City Hall. Bidders maybe present, however,award decisions will not be made at the opening. 00120.60 Revision or Withdrawal of Bids: (a) Modifications To Bids - In accordance vG-ith Tigard Public Contracting Rule 30.070 (A), a Bid may be modified after submittal so long as the modification is done in writing prior to the bid's closing time and date. Any modification must be prepared on the submitting company's letterhead, signed by a company representative, and clearly state that the new modification supersedes or modifies the prior bid. To ensure integrity of the bidding process, the modification must be delivered to the City's Procurement Office in a sealed envelope that is marked `BID IVIODIFICATTON" and list the original bid title and closing-date. (b) Withdrawal of Bids -Tigard Public Contracting Rule 30.070 (B) allows for the Withdrawal of a bid so long as the bidding company submits a`vithdrawal request in wilting on company letterhead and signed by,a company representative prior to the time and date of bid closing. The withdrawal request shall be delivered to the City's Procurement Office and the bid shall be returned,unopened, to the requesting bidder. 00120.65 Opening and Comparing Bids - Bids will be opened and the completed,streets and total price for each Bid,will be read publicly at the time and place stated in the Advertisement for Bids. Bidders and other interested parties are invited to be present. See section 00130.00 for bid comparison information. 00120.70 Rejection of Nonresponsive Bids -A Bid will be considered irregular and will be rejected if the irregularity is deemed by the City to render the Bid non-responsive. Examples of irregularities include without limitation: The Bid Section documents provided are not properly used or contain unauthorized alterations. • The Bid is incomplete or incorrectly completed. • The Bid contains unproper addition's,,deletions, alterinate Bids, or conditions. • The Bid is submitted on docurnents,not obtaineddirectly from the,'City,-or is subn-iitted by a Bidder who has not been identified-by the City as a Holder- of Bidding Plans, as required by 00120..05. • A member of a joint venture.and the jointvernture submit Bids for the same Project. Both Bids may be rejected. • The Bid has entries not typed or in ink, or has signatures or initials not in ink (save for changes received by FAX as provided by 00120.60)- Each change or correction is not individually initialed. • White-out tape or white-out liquid is used to correct item entries. • The price per unit cannot be determined. • The Bid guaranty is insufficient or unproper. • The original Bid Bond form is not used or is altered. The Oregon Construction Contractors Board registration number and expiration date are not shown on the Bid if required in the Solicitation Document. This requirement applies to State-f-wided or locally funded Projects,uddn the exception of Aggregate production and landscape Projects (not required on Federal-Aid Projects). • A disclosure of first-tier Subcontractors, if required under 001210.40(f),is not received t%7thin two working hours of the time Bids are due to be submitted, or the disclosure form is not complete. • The Bidder has not complied with the DBE requirements of the solicitation. • The Bid does not acknowledge all issued Addenda. Page H The Bid contains entries that are not greater than zero. • The Bid contains entries with mote than two decimals to the right of the decimal point. • The Bid entries are not expressed in U.S. dollars and cents_ 00120.80 Reciprocal Preference for Oregon Resident Bidders -This Subsection applies only to Contracts for Projects financed without federal fiends. Bidders shall complete the certificate of residency provided by the City in the Bid Booklet. Failure to properly complete the form will be cause to reject the Bid. As used in the certificate of residency and this Subsection, "Resident Bidder" means a Bidder who has: • Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar months immediately preceding submission of the Bid; • A business address in the State of Oregon; and • Certified in the Bid that the Bidder qualifies as a Resident Bidder. "Nonresident Bidder" means a Bidder�vho is not a Resident Bidder as deft red above. In detenYnining the lowest Bid, the Cily will, for the purpose of a-warding the Contract, add a percentage increase to the Bid of a_Nonresident_Bidder equal to the percentage,if any, of the preference given.to that Bidder in the stare in-which the Bidder resides (ORS 27,9-A.120). The percentage preference applied in each state will be published on or before January 1 of each year by the Oregon Department of Admiinistrative Services. The City, may rely on these-percentages withour incurfing_liability toanyBidder (ORS'279A.120). This increase will only be applied to determine the lo«.est Bid,and will not cause an increase in payment to the Contractor after Award of the Contract. 00120.90 Disqualification of Bidders -The Bid(s) of a disqualified Bidder will be rejected. Any of the following reasons is sufficient to disqualify a Bidder: • More than one Bid is submitted for the same Work by an Entity under the same or different name(s). • Evidence of collusion among Bidders. Participants in collusion will be found not responsible, and mai, be subject to criminal prosecution. • Any of the grounds for disqualification cited in ORS 279C.440. A Bidder will be disqualified if the Bidder has: • Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under ORS 279C.860; ' • Not been registered (licensed) by the Oregon Construction Contractors Board (CCB) or been licensed by the State Landscape Contractors Board before submitting a Bid (ORS 279C.365(1)(k), ORS 701.055, and ORS 671.530). The Bidder's registration number and expiration date shall be shown in the Bid form,if requested. Failure to furnish the registration number,if requested,will render the Bid non-responsive and subject to rejection. (not required on Federal-Aid projects); or • Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a public contract for a public improvement_ 00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder-The Bid of a Bidder who is found to be nonresponsible according to the criteria listed in 00130.10 will be rejected. Refer also to ORS 279C.375(2:). 120.95 Public Records -All bid material submitted by bidder shall become the property of the City and is public record unless othemise specified_ A bid that contains any information that is considered trade secret Page 12 under ORS 192.5()1(2) should be segregated and clearly identified as such_ This information-,-il1 be kept confidential and shall not be disclosed'except in accordance' pith the Oregon Public-Records Law, ORS 1.92. The above restrictions inay not include cost or price information,wl-dch must be open to public inspection. Page 13 SECTION 00130 --AWARD AND EXECUTION OF CONTRACT This Section replaces Section 00130 of the 2008 edition of the Oregon Standard Specifications for Construction. 00130.00 Consideration of Bids (a) The City may reject.my bid not ui compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids upon a finding of the City- that it is in the public interest to do so. (b) The City reseives the right, as allowed under Tigard Public Contracting Rule 30.085 (B) to waive any and all minor informalities that may arise in relation to this bid process. Minor informalities are matters of form rather than substance that are evident from the bid documents, or insignificant mistakes that can be warred or corrected without prejudice to other bidders or the City. The informality shall not affect price,quantity,qualit}-, delivery,or contractual conditions except in the case of informalities involving unit pricing. (c) After opeiung and reading Bids,the Agency will check them for correct extensions of unix prices and totals. (see 00120265) The total of extensions, corrected where necessary,will be used by the Agency for Award purposes. (d) Bids are considered as follows: The total arnount of the Bid will be the total sum computed by adding the products of quantities listed in A Bid Schedules times unit prices entered by the Bidder_ In case of conflict between the unit price:and the corresponding extended amount,the unit price'shall govern, and the City mat-make arithmetic corrections on extension amounts. When an errors)is made in extending total prices, the unit bid price will govern. Bidders are cautioned to recheck their bid for possible error(s). Error(s)discovered after opening cannot be corrected by the bidder and the contractor will be required to perform the work at the unit price if their bid is accepted. (e) Bids will be considered and a Contract awarded,if at all,widen 60 Calendar Days from the date.of Bid Opening,unless an.extension beyond that time is agreed to by both parties and acknowledged in writing by the Bidder. 00130.10 Award of Contract-After the Bids are opened and a detemvnation is made that a Contract is to be awarded,the Contract will be awarded to the lowest responsible Bidder,determined as described in section 00130.00 above. For the purposes of this Section, "lowest responsible Bidder"means the lowest Bidder-who is not on the list created by the Construction Contractors Board according to ORS 701, and who has: • Substantially complied with all prescribed public bidding procedures and requirements. • Available the appropriate financial,Materials, Equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the prospective Bidder to ineet all contractual responsibilities. • A satisfactory record of performance. • A satisfactory record of integrity. • Qualified legally to contract with the Agency. • Supplied all necessary information in connection with the inquiry concerning responsibility. If a prospective Bidder fails to promptly supply.information requested by the Agency concerning responsibility-, the Agency shall base the determination of responsibility- upon any available information, or may find the prospective Bidder not to be responsible. • Not been disqualified by the public contracting agency under ORS 279C.440. Page 14 If the Bidder is found not to have a satisfactory-record of performance or integrity, the City tivill docuinent the record and the reasons for the inisatisfactoiy finding. The City shall provide notice of intent to award to each bidder submitting a bid. The notice shall state the date, time,and location of the bid award decision_ The notice shall include the name of the vendor that staff recommends the contract be awarded to. Any bid comparison sheets shall be included in the notice of intent to award. The Award will not be final until the later of the following: • The City has provided a written response to each timely protest, denying the protest and affirming the Award, or • The Contract is awarded by the awarding authority If the City accepts a Bid and awards a Contract, the City trill send the successful Bidder written notice of acceptance and Award. Notice of Award and Contract booklets ready for execution will be sent WIE1111i 60 Calendar Days of the opening of Bids or within the number of Calendar Days specified in the Special Provisions or a,written mutual agreement_ 00130.15 Right to Protest Award-In accordance with Tigard Public Contract Rule 30.135 any actual bidder who-is adversely affected or aggrieved by the City's intent to award the contract resulting from this Invitation to Bid to another bidder shall have seven(7) calendar days after notice of intent to award'to submit to the City a written protest of the notice of award. In order to be adversely-affected or agg>•ieved,a bidder must cl'aim.to be eligible for award of the contract as the lowest responsible bidder and nnust be next in line for award;ie. the protester must claim that all lower bidders are ineligible for award because they are non-responsive or non-responsible. 'I -ie City-,v-ill not entertain any protest submitted after the time period established under flus Invitation to Bid document. The City shall issue a written decision denying or affirming the protest to every bidder prow dfiag an address to the City before any action is taken on the contract. 00130.20 Cancellation of Award-Without liability to the City, the City may for good cause cancel Award at any time before the Contract is executed by all parties to the Contract,as provided by ORS 279C.395 for rejection of Bids,upon finding it is in die public interest to do so. 00130.30 Contract Booklet-Includes the documents listed-under Section 4, "Contract Documents,"of the Public Improvement Contract(Attachment F). 00130.40 Contract Bonds, Certificates,and Registrations -Before the City will execute the Contract, the, successful Bidder shall furnish the following bands,certificates,and registrations: (a) Performance and Payment Bonds -Veen 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. Page 15 When a coating system warrant}-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. 'rhe supplemental warranty performance bond shall be iti the sum of 400% of the full Contract Amount. The bond is to secure the performance by the Contractor of correction work on any coating system defects that the Contractor may be directed by the City to perform. The Contractor shall use the City-provided form for the bond except that if the surety is a multiple surety, a copy of die form for a bond with multiple sureties shall be obtained from the City. The supplemental warranty performance bond shall be signed by the Surety's authorized Attorney-in-Fact, and the Surety's seal shall be affix-ed to the bond. A power of attorney for the Attorney-iii-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 systern,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 xith the workers' compensation insurance coverage required by 00170.61(a) and 00170.70(d), the successful Bidder shall complete and sigh 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 iicluded 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 1'6 landscape contracting is subcontracted to a licensed landscaping business as defined in ORS 671.520. (4) A landscaping business may bid on a Pro)ect 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 please. (e) Business Tax and Federal Id No. Required-The City of Tigard Business Tax is required from the .successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a:City of Tigard Business Tax. No contracts shall be signed prior to the obtaining of the City of Tigard Business Tax. Upon award of proposal,contractor shall complete a Federal W-9,Request for Taxpayer Identification Number and Certification Form for the City. 00130.50 Execution of Contract and Bonds: (a) By the Bidder- The successful Bidder shall deliver the required number of Contract booklets with the properly executed Contract,Performance Bond,Payment Bond, certification of workers' compensation coverage, and the required certificates of insurance, to the Procurement Office within 15 Calendar Days after the date on which the Contract booklets are sent or other vise conveyed to the Bidder under 00130.10. The Bidder sliall return the origirials of all documents received frorn 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 b.e be obtained by appropriate subcontractors shall delivered by the,Contractor to the City together vdth the Contractor's request under 001$0.21 -for approval of-the subcontract with that subcontractor. No copies of these,documents evil[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. Ho-,wever,if other corporate officers are authorized to execute contracts,arid,bonids, 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 with,ourthe 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(x), and received legal sufficiency approval from the City Council (if required),the City«ill execute the Contract. The City,will then send a fully-executed original Contract booklet to the successful Bidder,who then officially becomes the Contractor. (c) Contract-After the award, the Contractor and the City will enter into a public improvement contract incorporating the teens 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 tatill 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 mai,be cause for cancellation of the Page 17 Award,and may be cause for forfeiture of the Bid guaranty under ORS 279C.385. Award may then be made to the ncxt lowest responsible Bidder, the Project may be re-advertised, or the Work may be performed other"N'Ise as the City decides_ The forfeited Bid guaranty%U become the City's property, not as a penalty but as liquidation of damages resulting from die Bidder's failure to execute the Contract and provide the certificates,certifications, and bonds as required by these Specifications. 00130.70 Release of Bid Guaranties -Bid guaranties will be released and checks returned seven Calendar Days after Bids are opened, except for those of the three apparent lowest Bidders on each Project. Tlie guaranties of the three apparent lowest Bidders vrill be released and checks returned to unsuccessfiil Bidders within seven days of the Agency's execution of the Contract. 00130.80 Project Site Restriction-Until the City sends the Contractor written Notice to Proceed with the Work,and the Contractor has filed the public works bonds required in 00170.20,the Contractor shall not go onto the Project Site on which the Work is to be done,nor move Materials,Egtupment, or workers onto that Project Site. '17hel,Contractor will not automatically be,endtled 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 dafe rhe City sends the Contract to-be executed,the City will consider granting an,adjustment of time for completion of the Work to pffset any actual delaya to Contract completion resulting directly from delay m,cotrimence_ment. 00130.90 Notice to Proceed- Notice to Proceed will be issued within five Calendar Days after-the Contract is executed by the City-. Should the City fail to issue the Notice to Proceed within five Calendar Days of Contract execution, the Contractor may apply for an adjustment of Contract Time according to 00180.80(c). Page 19 ATTACHMENT A ® PROPOSAL m 92ND AVENUE Street and Storm Sewer Improvements CITY of TIGARD This Bid must be signed in ink by an authorized representative of the Bidder; any alterations or erasures to the Bid must be initialed in ink by the undersigned authorized representative. Project: 92N" AVENUE Street and Storm Sewer Improvements I Bid Due Date: July 2, 2013 Name of Submitting Firm: 1Z &en-oral Wtf4C" rK., -fne, The Undersigned (check one of the follon!ing acrd protide additional infonvation): 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 Oe- of) ; or { A limited liability corporation organized under the laws of the tate of hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project in strict accordance with the Contract Documents for the Basic Bid as follows: l e eAi' and 45/100 Dollars ($ C-A(s%M' and the Undersigned agrees to be bound by all documents comprising the Contract Docbments as defined -i in the Contract. The Undersigned declares that it' has carefully e�arnined the site(s) of the work, the Contract Documents, and forms. Submission of this bid shall be conclusive evidence that the Undersigned has investigated and is satisfied as to the condition to'be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished; and as to -the requirement of the Contract Documents. Accompanying herewith is a Bid Security which is equal to ten percent (10%) of the total amount of the Basic Bid. I I Page 19 BID SCHEDULE 92ND AVENUE SIDEWALK Street and Storm Sewer Improvements From Waverly Drive to Cook Park Item No Description Quantity Unit Unit Price Item Total GENERAL 1 Mobilization 1 Lump Sum $ 43, om j 2 Erosion Control 1 Lump Sum $?rjM_OD $ 2F cm.M 3 Clearing&Grubbing 1 Lump Sum $ 6,CDO,Cly $ 4 Relocate Exist Street Signs 1 Lump Sum $ r ppp,Q�j $ % .60,M j 5 Relocate Exist Park Entrance Sign 1 Lump Sum $ $ S60_M 6 General.Excavadon-I'n Place 1825 CY 5 7 Ditch Excavation 5 CY $ 3W-pa 8 Etnb:iiikment-Graniilar,Niatet= '865 CY 9 Loose Rip,Rap-Class 50 5 CY 10 Retaining Wall,'XfSE-VIth Geogrid 4250 SF 11 Pedestrian Handrail 700 LF $ 1 12 16" Curb 1.140 LF $ �g; (Q� $ ''�� . gib h_ 13 Remove Existing Asphalt 270 SY $ Q,/� 2o.''16"D_'b 14 3" Class C AC Pavement 47 Ton $ W• $ 9.; 4j(oe),na 15 1 1/2 -0 Aggregate Base Rock-10 Thick 270 SY $ $ , ( .,'� 16 3/4"-0"Aggregate Base Rock-2"Thick 270 SY L(, Oi 'b:.Oo 17 Concrete Sidewalk 8300 SF 18 Concrete Sidewalk NX'heel Chair Ramps 7 EA i GENERAL Total STORM SEWER 19 24" Concrete Class 1V Storm Sewer 514 3 LF $ 30D•Ob$ goo.or) 20 12" DIP Storm Sewer 5'-0' 197 LF s 100,M $ m 11)Q- DU 21 12"DIP Storm Sewer 10'-5' 26 LF $no.no $ 4e)On 22 10" DIP Storm Sewer 5'-0' 387 LF 23 Standard Storm)Manhole 1 EA $ grwom $ g860(3 0 24 60" Pollution Control 1�'Ianhole 1 EA $ (v,f�D.O� s &,4=,00 25 Catch Basin Type CG-30 3 ILIAL $ $ t{_2,U-1_Xr) 26 Concrete Headw"all 3 Ek $ IflDp.Qp$ 3. 2Me STQRlI�SEWER Total $ (o),�� 00, _ WATER QITLITY POND 27 Carex Obnupa,Slough Sedge 496 EA $ $. 5 I 28 Eleochris Ovata,Ovate Spike Rush 496 EA $ Al - 90 $ �►'n }r. 29 )uncus Patens, Spreading Rush 496 E_1 I 30 Scriptus Itiicrocarpus,Small Fruited Bulrush 496 EA $ ` �.�� . $ �� G 40 I BID SCHEDULE 92ND AVENUE SIDEWALK Street and Storm Sewer Improvements From Waverly Drive to Cook Park Item No Description Quantity Unit Unit Price Item Total 31 Acer Macrophyllum,Big Leaf Maple 1 EA $ %n .00. $ 150 -rin 32 Amelanchier Alnifolia,`Western Seiviceberry 17 EA d_0(�_ ' 33 Sambucus Racemosa,Red Elderberry 17 EA $ W.M $ 3C-10 . 6U 34 Holoduscus Discolor,Oceanspray 17 _00 $ 35 Ribes Sanguineum,Red-Flowering Current 17 EA $ w-ob 36 Spiraea Douglasii,Douglas Spiraea 17 EA $ 28.(30 $ �" 37 Gaultheria Shallon,Salal 32 EA 38 Rosa Gymnocarpa,Bladhip Rose 32 EA $ 39 Rosa Nutkana,Nootka Rose 31 EA $ ► _c(O $ -*A(" go Y 40 Symplaoricarpos Alba,Common Snowberry 31 EA $ 1 I .,qo $ 41 Arctostaphylos Uva-Ursi,I,innickinnick 490 EA $ 11 AQ _ $ 4 42 Helictotrinchon Semper6rens,Blue Oat Grass 490 EA $ I I A0 $ 51931 .00 43 Mahonia Repens, Creeping Oregon Grape 490 EA $ t, q 5 �_3 d WATER Q ULITY POND Total $ 1.� o PAVEMENT WORK 44 Cold Plane Pavement Removal- V Deep 220 SY $ $ 45 Class C AC Pavement 740 Ton $ $ 503. l PAVEMENT WORK Total $ OVERLAY 46 Pavement Stripe,4"Double Yellow 980 LF $ 47 Pavement Stripe,8"Wlute 2065 LF 48 Pavement Marking-Bump 4 EA 49 Pavement Marking-Speed Cushion 42 SF $ 5.0 Pavement Marking-Raised Cross Walk 117 SF $ 51 Pavement Marker-BI-Directional Fellow) 25 EA $ 4M $ In .0l1 52 Pavement Marker-BI-Directional (Wliite) 52 EA $ 1'1.ou $ 2016.exp ! OVERLAY Total $ g, (o`g . eff_ l Project Totals Project Total $ 156p0 C zLi . 4T tl�►� - �1un`D 0. D R% s,xt�� s�lvn , WEAiTY- Fc'�a�i,__ lin, � �1c Dollars i BID TOTAL INWORDS i The Undersigned agrees, if awarded the Contract, to execute and deliver to the Cit- 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 ConEract sum, using the forms providecL by the City. The surety(ies) requested to issue the Performance Bond and Payment Bond will be N W 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 Paynnent Bond each in the amount of the Contract. The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow w7th the City; that the amount thereof is the measure of liquidated damages which the City will sustain by the failure of the Undersigned to execute and deliver the above-named Agreement Form, Performance Bond, and Payment Bond, and that if the Undersigned defaults in either execudrig the Agreement Form or providing the Performance Bond and Payment,Bond within ten (10) days after receiving the Contract forms, then the Bid Security may become the property of the City at the City's option; but if the Bid is not accepted within sixty (60) days of the time set for the opening of the Bids, or if the Undersigned executes and timely delivers said Agreement Form,Performance Bond, and Payment Bond, the Bid Security shall be returned. + The Undersigned certifies that: (l.) This Bid has been 'arrived at independently and is being submitted 4I without collusion with and without any agreement; understanding, or planned cornmon course of action with any other vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit independent bidding or competition; and. (2) The contents of the Bid have not been communicated by the Undersigned or its employees or igents to any person riot an employee or agent of the Undersigned or its surety on any bond furnished with the Bid and bill not be communicated to such person prior to the official opening of the Bid. The Undersigned HAS ❑ HAS NOT (check applicable status) paid unemployment or income taxes in Oregon within the past 12 months and XHAS ❑ HAS NOT (check applicable status) a business address in Oregon. The Undersigned HAS ❑ HAS NOT (check apblicahle status) complied with any Affirmative Action Requirements included within the procurement documents. The Undersigned agrees, if awarded a contract, to comply ,,xith the provisions of URS 279C.800 through 279C.870 pertaining to the payment of the prevailing rates of wage. The Undersigned's CCB registration number is 4 1605-310-1 with an expiration date of -1/31) /1! 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. f The successful Bidder hereby certifies that all subcontractors who will perform construction work as described in ORS 701.005(2) were registered with the Construction Contractors Board in Page 21 accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a bid to -,work under the contract. The successful Bidder hereby-certifies that,in accordance with the Worker's Compensation Law of the State of Oregon, its Worker's Compensation Insurance provider is SR=F C O r p O rAiJ Q" , Policy No. 1A1 4 Ln t0 , and that Undersigned shall submit Certificates of Ins�urnance as required. Name of Company: �`� �� f �� '• coNTq 3gp0 Sratc St. Sulo+ (A DD H >,, Company Address: ' ° o -ern N Salem oma. CC SEAL •0 Federal Tax ID: Z —' 3 tD a1 Via La GIY$1 1 j0R E G 010' Telephone: X 3- 9 5 to - 0 3b% Fax: S02 S,�7to- 03e)0 (SEAL) I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that the, firm meets the qualifications necessary to perform this Work as outlined' in the Imitation to Bid. I understand that I will be required to provide necessary information to verity that the 'firm meets these I� qualifications if selected for the subsequent Agreement., 00, t, v Authorized Signature: 10001, Printed Name &Title: SSf- ? n VZL / ROOCn - Date: 1 / Z 115 Payment information hill be reported to the IRS under the name and federal taxpayer ID number provided i above. Information not matching IRS records or not pro-,.-ided to the City could .subject the successful jContractor to a mventy eight percent (28%)backup withholding. I , 4 I l i ATTACHMENT B ACKNOWLEDGMENT OF ADDENDA 92ND AVENUE Street and Storm Sewer Improvements CITY OF TIGARD,OREGON i I/WE HA-\'E RECEIVED THE FOLLOWING ADDENDA: f If none received, r..rite `None Received" i 1. ►V �� 3. 2. 4. iDate Signa " of Proposer tSi&n+ Title iCorporate Name 1 1 " Page:23 ATTACHMENT C BID CERTIFICATIONS 92ND AVENCTCE Street and Storm Sewer Improvements CITY OF TIGARD,OREGON Non-discrimination Clause i The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receivuig awards of any,purchase order or contract from the City, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Firm Name: Address: 1)0 StAic St . ilk i I_e 011 rol) Sot It M , OVA. q-)a o 1 Officer's signature: Type or print officer's name: Un- jVe2_ Page 24 I ATTACHMENT D FIRST TIER SUBCONTRACTOR DISCLOSURE FORM i PROJECT NAME: 92ND AVENUE I Street and Storm Sewer Improvements f 1 _- BID #: CIP 2013-95037 BID CLOSING: Date: July 2, 2013 Time: 2:00 PM This form roust be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time. . 1 'st below the name of each subcontractor, that will b -� e h rrushuig labor or will be £urruslung labor and materials and that is required to be disclosed, the category of work that the subcontractor will be 1 performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that meed to be disclosed. (ATT,-kCH ADDITIONAL SHEETS IF NEEDED). NAME DOLLAR VALUE CATEGORY OF WORK 1} � �� C,Or1S't CIJ�C(JrS �o, �,Z _ 60 _ C.P - e4 I 2) tier $ to . m $ 5) $ J Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. I ,Form submitted by (bidder name): �-r ko 1�*WkrK Contact name: V SSS e p d r i eve i Phone #:__ 3—t:h LP 0 3(b 00 I I Page 25 _i ATTACHMENT E BID BOND 9rD AVENUE Street and Storm Sewer Improvements CITY OF TIGARD)OREGON We, R&R General Contractors Inc ,as "Principal," (Name of Principal) i and Travelers Casualty and Surety Company of Americaan Connecticut Corporation, I (Name of Surety) authorized to transact Safety business in the State of Oregon, as "Surety," hereby jointly and severally bind ourselves, out respective heirs, executors, administrators, successors, and assigns to pay unto the City of Tigard ("Obligee") die sum of', ten percent of total amount bid and /100 Dollars-($:log q,total amount.bid WHEREAS, the,condition of thele obligation of this bond is the Principal has submitted a bid or proposal to the Obligee in response to'Obligee's solicitation.for the project identified as 92ND AVENUE Street and Storm Sewer Improvements,which bid or proposalds made'a,part Of this,bond by reference, and Principal is reg6ited to'furiush'bid security in an amount,equal to ten percent (10%) of the total amount of the bid pursuant to the solicitation document. NOW, THEREFORE, if the bid or proposal submitted by Principal is accepted; and if a contract pursuant to the proposal or bid is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the said documents and delivers to Obligee its good and sufficient Performance Bond and llaytnent bond required by Obligee witliin the time fixed by Obligee, then this obligation shall be void;otherwise,it shall,remain in full force and effect. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 1st- ,day of July 2013 PRINCIPAL;.&R Genet ontractors Inc SURETYYTravelers Casualty and Surety Company of America By: /e7BY ATTORNEY-IN-FACT SignatL11e Jes Rodriguez, President Brittany Scheel ! Painted Name&Title to ! Attest: i �' nature ! 8931 SE Foster Road, Ste 200 i Address Portland OR 97266 j City State Zip i Page 26 WARNING.THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226487 Certificate No. 005453225 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint John R. Ludwick,Donna K.Christensen,Sara Sellin,Lisa Steele,Janelle Markovich,Mike Mansfield,Susan Frainey,Kari Motley, Donald P. Shanklin,Misti Webb,and Brittany Scheel of the City of Portland State of Oregon_ their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and,all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted'in any actions or:proceedings allowed by law. 18th IN WITNESS WHEREOF,the Companies have caused this mstrumeni_to"be signed;and theit'corporate seals to be hereto affixed,this da of April 2013 " Farmington Casualty Company �� `l w # '. St.Paul.Mercury Insurance Company Fidelity and Guaranty'Insura`ce,Company,� j Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul'Guardian Insurance Company GI.SUq�� yr� P0. JPIY AHOCONKcovin Nu State of Connecticut By: City of Hartford ss. Robert L.Raney, eiuor Vice President On this the 18th day of April 2013 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•7L In Witness Whereof,I hereunto set my hand and official seal. W My Commission expires the 30th day of June,2016. L�GS Marie C Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE,RED BORDER ATTACHMENT F a° PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD e 92`''D AVENUE STREET AND,STORM IMPROVEMENTS THIS CONTRACT,,made and entered into this 2e day of July, 2013, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and R&R General Contractors, Inc. hereinafter called "Contractor", duly authorized to perform such services in Oregon. RECITALS WHEREAS, the City requires services which Contractor is capable of providing,under terms and conditions hereinafter described;and WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within the time period stated,in the Bid Proposal; THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services Contractors services under this Agreement shall consist of the following: A. Excavation,embankment, and construction of curb, sidewalk and retaining walls, B. Excavation and construction of storm drainage pipes,manholes, and catch basins, C. Restoration and planting of wetlands and buffers, and planting of storm water bio-cell, D. Restoration of existing paving,pavement overlay,and pavement striping, E. Temporary signage,protection, and traffic control,and F. Performance of additional and incidental work as called for by the specifications and;plans. 1. Prevailing Wage The provisions of ORS Chapters 279A and 279C; and all other, Oregon and Federal provisions pertaining to minimum salaries and wages 'are incorporated herein by reference as,if fully set forth. The Contractor,agrees,that the workmen in each trade or occupation required for the work to be done pursuant to the coritrac't, 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 fust. 3. Pre-Construction Conference Contractor and listed subcontractors shall attend and participate in any pre-construction conferences described or listed in the general conditions before any work is started on the project site. 4. Contract Documents The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by the City and performance pertaining to this Agreement, in the City of Tigard, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. The contract documents include the documents with the following titles that are bound in the solicitation documents and the standard documents comprised of the Oregon Standard Specification for Construction, 2008,Volume 1 and Volume 2. Solicitation.Documents Advertisement for'Bids Bidding Requirements and Procedures Award and Execution of Contract Proposal Acknowledgement of Addenda Bid Certifications—Non-Discrimination Clause First Tier Subcontract Disclosure Form Bid Bond Form Public Improvement Contract Performance Bond Payment Bond Supplementary, General Conditions Special Provisions Drawings Geotechnical Engineer's report Army Corps of Engineers Authorization Standard Documents General Conditions (Oregon Standard Specification for Construction, 2008,Volume 1 as amended by the Special Provisions) Standard Specification's-(Oregon Standard Specification for Construction, 2008,Volume 2 as amended by Technical Specifications) City of Tigard Public Improvement Design Standards 5. City's Representative For purposes hereof, the City's authorized representative will be Mike McCarthy, P.E., Senior Project Engineer, who can be reached by mail at 13125 SW Hall Blvd., Tigard, Oregon 97223; by telephone: (503) 718-2462,or via email at_1nikem@dgqrd-oL.gov.dgard-or.gov. 6. Contractor's Representative For purpose hereof, the Contractors authorized representative will be Jesse Rodriguez. 7. Contractor Identification Contractor shall furrush 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 Five Hundred Sixty Thousand Twenty Four and 45/100 Dollars ($560,024.45) for performance of those services provided hereunder, which payment shall be based upon the following applicable terms: The City will pay only for measured Pay Item quantities incorporated into the Work or performed according to the terms of the Agreement. The Contractor understands and agrees that Pay Item quantities listed in the Schedule of Items do not govern payment. Payment constitutes full compensation to the Contractor for furnishing all materials, equipment, labor, and incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from the nature or prosecution of the'Work or from the action of the elements, subject to the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit price for each Pay Item of Work to be performed. When the specifications state that the unit price for a Pay Item is compensation for certain materials or work essential or incidental to the Pay Item, the same materials or work will not be measured or paid under any other Pay Item. Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd, Tigard, Oregon 97223, a statement of services rendered, indicating the description of each service used in the proposal and the dollar amount of each service completed through the state date, together with a request for payment duly verified by the Contractor's Representative and copies of certified'payroll statements. Payment by the City shall release the City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the statement of services. Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard City Council. Contractor shall include proof of payment to any and all subcontractors and suppliers with each statement submitted to the City. The City shall retain the right to withhold payments if required proof of payment to subcontractor and suppliers is not included with a statement. As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25% of any progress payment amounts owed to Contractor if Contractor has failed to file certified statements with the City. B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS' 279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the statement of services. The Contractor agrees that the "Tune of Completion" is defined in the Bid Proposal, and-agrees to complete the work by said date. The Contractor and City agree that the City will suffer damages each day the work remains uncompleted after the Time of Completion and that the amount of those damages are difficult to calculate. Contractor and City agree that a reasonable amount of damages for late completion is $500.00 per day and Contractor agrees to pay damages in that amount if the work is not completed by the Time of Completion. C. Final Payment:The Contractor shall notify the City in writing when the Contractor considers the project complete, and the City shall,within 15 days after receiving the written notice, either accept the work or notify the Contractor of work yet to be performed on the contract. Upon acceptance by the City, the entire balance due to the Contractor, including the retained percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final acceptance. The City,shall pay to the Contractor interest at the rate of one and one-half percent per month on the final payment due the Contractor, to commence 30, days after the work under the Contract has been completed and accepted`and to run until the date when final payment is tendered to the Contractor. If the City does not, within 15,days after receiving written notice of completion, notify the Contractor of work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run 30 days after the end of the 15-day period. As a further conditions of final acceptance, the City may require the Contractor to submit evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other indebtedness connected with the project have been paid, except that in case of any disputed indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a,surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when,adjudicated in cases where such payment has not already been guaranteed by surety bond. 9. Status Of Contractor As Independent Contractor Contractor certifies that: A. Contractor 'acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an employee of'City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. C. If this payment is to be charged against Federal funds, Contractor certifies that he or she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. D. Contractor and its employees,if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. E. Contractor certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. F. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 10. Subcontracts -Assignment& Delegation Contractor shall,submit a list of Subcontractors for approval by the City, and Contractor shall be fully responsible for,the acts or Omissions,of�any,Subcoritractors aiid of all persons employed by them, and neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to create-any contractual relation between the.Subcontractor and City. This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be binding upon the City and the Contractor-respectively and their legal representatives. Contractor shall not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the written consent of City,and any assignment or delegation in violation hereof shall be void. Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid not less that the PWR Law specified minimum wage. 11. Contractor- Payment of Benefits- Hours-of Work A. The Contractor shall: 1) Make payment promptly;as due, to all persons supplying to such Contractor labor,or material for the prosecution of the work provided.for in this contract; 2) Pay all contributions or amounts due the under the Industrial Accident Fund form the Contractor or subcontractor incurred in the performance of this Agreement; 3) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on account of any labor or material furnished, B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's Surety shall file certified statements with the City in writing in form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor or the Subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the applicable prevailing rate of wage, which certificate and statement shall be verified by the oath of the Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor or Subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractors or S'ubcontractor's knowledge. 1) The certified statements shall set out accurately and completely the payroll records for the prior week, including the same and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. 2) Each certified.statement required herein shall be delivered or mailed by the Contractor or Subcontractor to the City. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the Bureau of Labor and Industries. Certified statements shall be submitted as follows: a) Each Contractor or Subcontractor shall preserve certified statements for a period of three years from the date of completion of the contract. C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment of any claim fox,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. A Contractor agrees that no person shall be employed for more than ten (10) hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency or when the City deems it in the best interest of the public or policy absolutely requires it, in which event, the person so employed for excessive hours shall receive at least time and a half pay for the following: 1) For all overtime in excess of eight_hours,in any one day or.40 hours in any one week when the work week is five consecutive days,Monday through Friday;or 2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and 3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540. E. The Contractor agrees to provide a written schedule to all employees showing the number of hours per day and days per week the employee may be required to work. F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law, the City's personnel rules or union agreement. The Contractor shall require every subcontractor to comply with this requirement. G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material within 30 days after receipt of payment form the City or from the Contractor to a subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due plus interest commending at the end of the 10 day period that the payment is due under ORS 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. 13. Contractor's Employee Medical-Payments Contractor.agrees to pay promptly as due, to any person, co-partnership, association or corporation fi,rriishing 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 sutras which the Contractor collected or deducted from employee wages pursuant to any law, contract or agreement for providing or paying for such service as referenced in ORS 279C.530. 14. Early Termination A. This agreement may be terminated without-cause prior to the expiration of the agreed upon term by mutual written consent-of the parties,and for the following reasons: 1) If work under the Contract-is suspended by an order of a public agency for any reason considered to be in the public interest other than by,a labor dispute or by reason of any third party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute; or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time,to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 15. Cancellation with Cause A. City may terminate this Agreement effective upon delivery of written notice-to Contractor, or at such later date as may be established by City,,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds, 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement, 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed, or 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (a) shall be without 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 Cityshall have access to such book, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination,excerpts,and transcripts. 17. Work is Property of City All work performed by Contractor under this Agreement shall be the property of the City. 18. Adherence to Law A. Contractor shall adhere to all applicable laws governing its relationship with its employees, including but not limited to laws, rules, regulations, and policies concerning workers' compensation,and minimum and prevailing wage requirements. B. To the extent applicable, the Contractor represents that it will comply with Executive Order 11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act of 1973 as amended and the Age Discrimination Act of 1975, and all rules and regulations issued pursuant to the Acts. C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes, ordinances and regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the work under this contract are by reference incorporated herein to the same force and affect as if set forth herein in full. 'If the Contractor must undertake additional work due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid, the City shall issue a Change Order setting forth the additional work,that must be undertaken. The, Change Order ,shall riot invalidate the Contract .and there shall be, in addition to a reasonable extension,if necessary, of-the contract,time; a reasonable adjustment in the contract price,if necessary, to compensate the Contractor for all costs and expenses incurred, including overhead and profits,as a result of the delay or additional work. Pursuant to ORS 279C.525(1), the following list identifies Governmental Agencies of which the City has knowledge that have enacted Environmental Laws which may affect the performance of the work: FEDERAL AGENCIES ➢ Agriculture • Department of Forest Service • Soil Conservation Service ➢ Defense • Department of Army Corps of Engineers ➢ Energy • Department of Federal Energy Regulatory Commission ➢ Environmental Protection Agency ➢ Department of Health and Human Services ➢ Housing and Urban Development • Department of Solar Energy Conservation Bank ➢ Interior,Department of • Bureau of Sports Fisheries and Wildlife • Bureau of Outdoor Recreation • Bureau of Land Management • Bureau of Mines • Bureau of Indian Affairs • Bureau of Reclamation • Geological Survey 0 Minerals Management Service ➢ Labor,Department of • Mine Safety and Health Administration • Occupational Safety and Health Administration ➢ Transportation,Department of • Coast Guard • Federal Highway Administration ➢ Water Resources Council STATE AGENCIES ➢ Administrative Services,Department of ➢ Agriculture,Department of ➢ Columbia River Gorge Commission ➢ Consumer&Business Services,,Department of Oregon Occupational Safety&Health ➢ Division ➢ Energy,Department of ➢ Environmental Quality,Department of ➢ Fish and Wildlife,Department of ➢ Forestry,Department of ➢ Geology and Mineral Industries,Department of ➢ Human Resources,Department of ➢ Land Conservation and Development Commission ➢ Parks and Recreation,Department of ➢ Soil and Water Conservation Commission ➢ State Engineer ➢ State Land Board ➢ Water Resources Board LOCAL AGENCIES ➢ City Council ➢ County Court ➢ County Commissioners,Board of ➢ Port Districts ➢ Metropolitan Services Districts ➢ County Service Districts ➢ Sanitary Districts ➢ Water Districts ➢ Fire Protection Districts 19. Changes City may at any time, and without notice, issue a written Change Order requiring additional work within the general scope of this Contract, or any amendment thereto, or directing the omission of or variation in work. If such Change Order results in a material change in the amount or character of the work, an equitable adjustment in the Contract price and other provisions of this Contract as may be affected may be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing within thirty (30) days from the date of receipt-by Contractor of the notification of change or the claim will not be allowed. Whether made pursuant to this section or by mutual agreement, no change shall be binding upon City until a Change Order is executed by the Authorized Representative of City,which expressly states that it constitutes a Change Order to this Contract. The issuance of information, advice, approvals, or instructions by City's Representative or other City 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 carner(s)with an unacceptable financial rating. F. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. G. Independent Contractor Status: The service or services to be tendered 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 tothe issuance of such insurance shall be forwarded to: City of Tigard Attn: Office of Risk Management 1312'5 SW Hall Blvd Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 28. Method and Place of Giving Notice, Submitting Bills and Making Payments All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills and payments sent by mail should be addressed as follows: personnel shall not constitute an authorized change pursuant to this section. Nothing contained in this section shall excuse the Contractor from proceeding with the prosecution of the work in accordance with the Contract,as changed. 20. Force Majeure Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled, including, but not restricted to, an act of God or of a public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under Contract. 21. Nonwaiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishrilent 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 shallpay such sum as, the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal. 24. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any questions arising under this Agreement must be brought in the appropriate court of the State of Oregon. 25. Conflict Between Terms It is further- expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the proposal of the Contractor, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 26. Indemnification Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the negligence of the City and its employees. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 27. Insurance Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Suchinsurance shall cover all risks arising directly or indirectly out of Contractors 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- $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one bre) $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 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. CITY OF TIGARD R&R GENERAL CONTRACTORS,INC. Attn: Mike McCarthy,P.E.,Sr Proj Engineer Attn: Jesse Rodriguez Address: 13125 SW Hall Blvd Address: 3400 State Street, Suite G780 Tigard, Oregon 97223 Salem,Oregon 97301 Phone: (503) 718-2462 Phone: (503) 586-0388 Fax: (503) 624-0752 Fax: (503) 586-0380 Email: mikemgtiWd-or.gov Email: jrodriguezgrrgcinc.net 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 453.3,07(5). Contractor shall complete the State Fire Marshall's hazardous substance survey, as required by ORS 453.317 and shall assist City to complete any such survey that it may be required to complete because of substances used in the performance of this Agreement. 30. Hazardous Waste If, as a result of performance of this Agreement, Contractor generates any hazardous wastes, Contractor shall be responsible for disposal of any such hazardous wastes in,compliance with all applicable federal and state requirements. Contractors shall provide City with documentation, including all required manifests, demonstrating proper transportation and disposal of any such hazardous wastes. Contractor shall" defend, indemnify, and hold harmless City for any disposal or storage of hazardous wastes generated pursuant to .this Contract and any releases or discharges of hazardous materials. 31. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 32. Demolition—Salvage and Recycling As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition debris if feasible and cost-effective. 33. Complete Agreement This Agreement and attached exhibits constitutes the entire Agreement between the parties.' No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor,by the signature of its authorized representative, hereby acknowledges that he has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Architect has executed this Agreement on the date hereinabove first written. This Agreement was approved by Tigard's Local Contract Review Board at their July 23,2013 business meeting. CITY OF TIGARDU R&R GENERAL CONTRA S,INC. r� ignature Signa Printed Name&Title Printed Name&Ti Date Date ATTACH-ME'NT G PERFORMANCE BOND 92""' AVENU P, Street and Storm Sewer linproverncuts CITY OFTIGARD,OREGON Bond Nair-aber: 105949285 I1ro)cct'!'1-,I-anje:92nd Ave Street and Storm Sewer Improvements Travelers Casualty and Surety company of America (SUrC[y1, Bond Al-nount No. 1: 560,024.45 --(S-unny 42— Bond Anloiint No. 2:' $— Ijturrr ijh''tye wrelms Total Penal Sum of Bond: AZ560,024_45 I WC, R&R General Contractors Inc as Princ)pal, and the above identified SI-i-ruiv(ies" authorized to tnilw(I Suter,- business in C)rtgon, is Surei):, llcrcb� jointly oindy arld sc%:cralh, hind JI Y . atirselyts, our respective heirs, cxcctllors,adrninisnaturs, successors, and assigns fin-rdy by dic-sc ptcSCIII-S to pa" Unto ;lie Gry (.-)f- Tigard, I n-innicipailly of the State of Oicgoil, die suin of 11011) Penal SVIIII of, Iollcl)five hundred sixty thousand, twenty four dollars and 45/100 (Providedthat .1--c the Sureties bind ourselves in such sum —ouidy and sevenillxl" as xvcll as only for the purpose of allowing a Joint Action or action,; agriinst any or all of its, and for all Other pilrposed each Surcry binds itself j(:)indN- and severally wirli the Principal, for the payment of such sum only -is Is sc, forth opposite the nall-Ic cif such Surer;), and. W1-IE1U:-.AS, ffie Pnincipall 111-as uttered into ,I contract with the Gly of Tigard, the: plans, specifications, terms, and conditions of\vlijci) are contained in the shove-referenced project solicitation, WI-IERFAS, the terms and coudition,,; of the contract, rogcrher-,-,7(h applicable plains, stajidard specific.16ion', special provisloils, schedule of performance, and schedule of contract prices, are ni-trie .I part of this Pcrfor-n-mce Bond by reference,whether or not -artached. 10 the COIlLr.qcr (311 hereafter called "Contract");and WHEREAS, the Principal has agreed to perform die Contract ni accordance r,ith the terms, conditions, requirements, plans, and specifications, and all authorized modifications of the Contract -,t,-h!ch increase dic ni-nount of the xx-ork, die amount of the Contract, or constirate :m authorized exrtrision of the rin-le for performance,notice of any such modifications hereby being Nvaived by die Surety: NOW, THEREFORE, Ti-IE CONDITION 01- Tf IIS BOND IS SUCI-i rhar if the Principal herein shall faid:ift,J)), and Lrul) observe and comply with the icrais, conditions. and provisions of the Contact, in all respects, and shill. well and roily and fully do and perform all matters and things undertaken by Contractor rc) be performed under the conrrict,upon the terms -set forth therein, and within the tiniv prescribed dicrein, or IF extended as provided in die ContriCE, with OF \V111WI-11 DOUCC to the Silletic," and shall Indclllllliy and S-IN-r- harn-tIcss the City of Tigard,its officers, agent.-,, and employees against any direct or indirect daillages or claim of rwer�- kind and dr-scripNon that shill be suffered ()I- c!aiined to be stiffeted M connection uirli Or arising 01it of the PerfOEMMCC Of the ConLr.-Irt I)V the Principal or its sul--)contracior's, and shall in all respects perform said contract according to !,rx. [bell this obligation is to b,--��old; otherwise, it shall reinain to full force and effect. Nonpayment of the bond pren-iiiiin mA nor uwalidite this bond nor shop the City of Tigard be obligated for rhc payn-ienr of any pren-utiti-Is. Page-11 This band rs given and retel ed void:!- the authority of QRS Chapter 279(; and Tigard Public Contract.np, Rules, he 1 ovistons of which are. tncotporated into this band and made a part hcreol. 1N WITNESS WHEREOF, WI=. 1-IA\T. CAUSED TH1S INS-MU)NfENT -IO BE Et] (:U•TI:D ANT) SEALED 13Y OUR DULY AUTHOlt]ZILID LE G,\-]-RI PhESE N"C.\'7 l�'FS Dated this 6th da}-of August2013 _ PRINCIPAL:R&R cgnera.1joeontractors Inc By.- .tore Jea Rodriguez, President -- Printed Name &•hide ,lttcst: scRE I'Y:Trave_lers Casualty and Surety Company of America t/]ddRelo", f;�t2.r for ea h srrrr��using malliI hordt) BY ATTORNEY-IN-FACT: (Pe;;�cr of:�Il/nrnr} ,71rrrl r7c:on�f�ar�'each s:nrly L-or:d,' Brittaay Scheel XW k—� S' a re 8931 SE Foster Road, a 200 Address Portland OR 972'66; City Stare 47,ip ../ 503-205-8144 503-205-7044- r i Phone Fax Page 42 A'r'I'ACITMEN't' I1 PAYMENT ]BOND 92"11 AVEN U CE Street end Stomp Sewer Improvements CITY OF'I'tGARD,OREGON Bond Number:105949285 Protect Name:92nd Ave Street and Storm Sewer Improvements Travelers Casualty and Surety Company of America_ �_ _.{SUI'C[y }Bond .Aniounr No. 1: S 560,024.45 tSua(--ty ;12)'' Bond ,Aniounr No. 2:1 � mr#les7nrhel total Pcn�al Sum of Bond: S560,024.45 R&R General Contractors Inc - _ is I riricipal, 2nd the above uleuuhcd Surcrylies), authoiir_ed to transact stu-etv business in Oregon, as Surety, hereby 'orntlti .uid severally bind ourselves, our respective heirs, executors, adininistrarers, successors, and assigns Finely by thesc presents to p:v, unto the Cin- of Tigard. a municipality of the Sint(., of Oregon, the sum of (total Penal Sum of Bond) five hundred sixty thousand- twenty four dollars--a n�l -5/100 (I'rovidcd, that we the Sureties bind ourselves in such sum "Jointly and sevc-rally" as well as "severally" only for the puiposc of allow. rig a joint action ur actions against any or all of us, Ind for Al other purposed each Surery binds itself, jointly and seVer-all)- ilie Principal, for the patmenr of such sutra only as is set forth opposite the name of such Suren-),and WHEREAS, the Principal has entered into a contract with the Cin? of Tigard, the plans, specifications, terms, and conditions of which are contained M above-referenced project solicitation; WHEREAS, the terms :and conditions of the conrmcr, together with applicable plans, standard speeifrcadons. special provisions, schedule of performancc, and schedule of contract prices, are made a part of this Payment bond by reference,whether or nor attached to the contract fall hereafter called"Contract'7;and WHEREAS, the Piincipal has agreed to perforin the Contract in accorciance with the terms, conditions, requirements, plains, and specifications, and schedule of contract prices which arc set forth in the Contract and any attachments, and all authorized modifications of die Contract %which uicreise the amount of die stork, or, the cost of the Contract., or constitute auihritized extensions of time for performance of the Contract, notice of any such modifications liereby being waived la)' the Surer,. NOW, THEREFORE,THE CONDiTION OF THIS BOND IS SUCH that if thr Principal shall faithfull)- and truly observe and comply with the zernis, conditions, and provisions of die Contrscr, tri all respects, .and shall ,veil and t_ntly and Bally do and perform all matters and things by it undermkcri tr. he performed under said Contract and any duly authorized madificanons char are ninde, upon the terms ser forth therein, and within the ill;-ne prescrbed nccrcin, or ars exiended therein as provided in the Conarac.t, -with or withour notice to the Sureties, and shall indenviif),and save hamilcss the City of'rigard its officers, agents, and emplover_s against :in% clam for direct or indirect damages of even, kind and description that shall be suffered or claimed to be suffered in connection with or arising our of the petfom'ance of die Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor, materials, or both to the Prirncipnl or its subcontractors for prosecution of die work provided in the Contract; and shall promptly pay all contributions due the State Industrial .Nccident Fund and the St.'atc Unemployricnt Compensanon Fund from the Principal or irs subcontractors in connection with the perfonnance of clic Contmcz; and shall pay over to the Oregon Pate 4 Depziruncnt Qf Rt:ve!wc all :,:,,jIIIvCd LII-, !,c 1:dl!( :(.(I and 01 11")%cc,, of 111(' Principal and W., subcoilirm,:on, pusuimi to OW, i]('10". aild shall purliti., 110 11CII liol C.1:6111 to Inc filed )I PfOSCCUICCI c 13.1115L the ClIV 011 ICCOL1111 of imy 0.- III'licrials fu.,111shed, 'lud Shall do '111 Illings rettimred (,I void; (101CIAVISC, It Sh 11 it: I- 11 the PI-1110pal the 1:1-A'S S1:11c of oblis�.IL'Ori S11211 bL: (,I 1 rut] force and (Arect- Notipayrnem of the bond peinitifli 'sill IIOL imraliclatc this bond not shall the C-Ity of'hgardbc obligptucl for Ilic Era,silent of ally preMIL11,11S. This bond is given and rc.ccivcd ondcr 1)10 Alithorm; of Chapter 22790 and, Tigard Pkiklic Cont-ricting za, kujcs_ the provisiolls Of%viuch ql(, ;!icoiporared muThjS 111(1 1111(ie.a p-.111-hereof- IN WITNESS WTIEREOF, WE HAVE CAUSED THIS MTRUIMENT TO BF-' AND SEALED BY OUR DULY AUTHORIZI-D I.F.Ci-i]-R-],*-]'I'F-SEN'I--;1-I'T\'I--'S, Dptud rjjls 6th dly of August 2013 PRIN(-,/IPAL:I;',S:R G eraj,-<ontractors inc Jesse-R riguez, President Prillwd N"anic � AtteST:Travelers Casualty and Surety Company of-America Sul? Sl-,C ,F, BYA-'II-OR,N-E-Y-IN-I--ACT: (Power-ol'-Aftomy Brittany_Sgheel A S 931 SEFoster Road O Ste 200 Address Portland OR Q7266 c1tv State 503-205-8144 503-205-70441 PLonc Fa): ge 44 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows. RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a).signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United'8iaattbs Fidelity and Ginty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,whichis in fall fo ce an�l effect and has not been revoked. G11 �� IN TESTIMONY WHEREOF,I have hereunto set my hand and�af�ixed ,seals of id-Cy p�this day of '20 Kevin E.Hughes,Assistant Sec tary 0*' '4, _yOr 6„�1.Y 9•�82ArCJ`a°O ��.9/,�! H!Q[ 1951 K'AMUYY 4ONR0Dg, CONN. `9g� 1N!>DbRataFmOWRgRy 4 O18r9 6 `''j fat u:"•• .:'pd� `d +De � � To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attomey-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS/, Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 226487 Certificate No. 005453246 KNOW ALL MEN BY THESE PRESENTS. That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and'that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under'the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint John R.Ludwick,Donna K.Christensen,Sara Sellin,Lisa Steele,Janelle Markovich,Mike Mansfield,Susan Frainey,Kari Motley,Donald P. Shanklin, Misti Webb,and Brittany Scheel of the City of Portland State of Oregon their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitt4in anyactions or-proceedings allowed by law. \`•� y' ,z ��-. 18th IN WITNESS WHEREOF,the Companies have caused this instrumenhto be signed and theirr_corporate seals to be hereto affixed,this day of April 2013 �:•,�,-' , �,�;•' r ,"�` C' Farmington Casualty Company- \`_' St.Paul Mercury Insurance Company Fidelity and Guaranty Iasurance'Company •y Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company r,�JG,'phYS��;r` �,.�p�,,.,� J�Ft0.E 64 O��N'�MSG9 Jp�•1N34gq OJPItY qp�e Nm�Y� �Y�O �9 �(1 � -'^"nnM�tl! N'. � 'm ,If.OPF^gq�ty�A W�PORgl��Cn •'p `9� � � �•. n �t •o � 1886 Sy �Say ,F�� 1951 2®0 �`SEALf�o o6�S8AL::D W CONN. eo �8 m ;� fir. 1.N N' SVF ucEc y•..... o... :•�a r E � 0. ,� �Q fS•ANS 1p•.......�? bf •�F+ �y��" W. Statc of Connccticut By City of Hartford ss Robert L.Raney, eruor Vice President On this the 18th day of April 2013 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0r 1- In Witness Whereof,I hereunto set-my hand and official seal. My Commission expires the 30th day of June,2016. �'r�euo * Mane C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ATTACHMENT I SUPPLEMENTARY GENERAL CONDITIONS 92ND AVENUE Street and Storm Sewer Improvements CM OF TIGARD,OREGON The following provisions supplement and?mend 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 00150.40(a) Cooperation and Superintendence by the Contractor, General--Add the words, "Nvid in the limitations in Oregon Law regarding public records." to the end of the sentence un 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 1\-iaterials,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(4) Agency's Payment of the Contractor's Prompt Payment Obligations --change the word"ODOT"to "Agency". Section 170.70, Insurance -- Delete entire section. Section 170.72 Indemnity/Hold Harmless --Delete entire section. Section 170.94 Use of Explosives -- Change the first sentence to read,"I71e 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 first sentence. Section 180.22 Payments to Subcontractors and Agents of the Contractor--Delete the second paragraph. Section 180.31 (b)(1) Reason for Substitution--Add the following words to the beginning of the first bullet: "In the judgment of the Engineer". Page 45 Section 180.50(e) Beginning of Contract Time --change the paragraph to read, "When the Conrract Time is stated'in Calendar Dans,counting of Contract Calendar Days will begin with the first Calendar Day follo-,iirZg the date of the Notice to Proceed." Section 195:10 Payment for Changes in Materials Costs,Delete entire section. Section 195.12 Steel Material Price Escalation/De-Escalation Clause— Delete entire section. Section 195.50(a)(2)Value of Materials on Hand -- Delete paragraph. Section 195.50(b) Retainage: Change the first paragraph to read. "The amount to be retained from progress payments will be 5%of die value of`Fork accomplished,and will be retained in one of the forms specified in Subsection (c) below. Section 195.60 Advance Allo-wance for Materials on Hand: Delete entire section. Section 195.80 Allowance for Materials Leh on Hand: Delete entire section. Section.199:40 Claims'Decision Review,Delete.entire section. Page 46 ATTACHMENT J SPECIAL PROVISIONS 92ND AVENUE Street and Storm Sewer Improvements CITY OF TIGARD,OREGON The Special Provisions contained herein have been prepared by or under the direction of the following Registered Engineer. John Dyer Jensen,P.E. PH C�IW 14 RENEWAL DATE-, WORK TO BE DONE The Work to be done under this Contract consists of constructing concrete curb, concrete. sidewalk, storm sewer improvements, and associated preparation and finish work on the street shown on.plans entitled: CITY OF F TIGARD.OREGON 92ND'AVENLE Street and Storm Improvements APPLICABLE SPECIFICATIONS The Specification that is applicable to the Work on this Project is the 2008 edition of the"Oregon Standard Specifications for Construction". These specifications are modified by the special provisions contained in this section and in other parts of these bid documents. All number references in these Special Provisions shall be understood to refer to the Sections and subsections of the Standard Specifications and Supplemental Specifications bearing like numbers to Sections and subsections contained in these Special Provisions in their entirety. SECTION 00120—BIDDING REQUIREMENTS AND PROCEDURES Note that this section has been modified earlier in these bid documents Page 47 SECTION 00130 - AWARD AND EXECUTION OF CONTRACT Comply with Section 00130 of the Standard Specifications modified by the bid documents for this project and as follows: Add the following subsection: 00130.40(e) Tax Identification Number - The successful Bidder shall furnish the City.the Bidder's federal Tax Identification Number. SECTION 00150 - CONTROL OF WORK 'Comply with Section 00150 of the Standard Specifications modified as follows: The Contractor's attention.is directed to Section 105.55, "Cooperadon with Other Contractors," of die Standard Specifications. Certain work within this contract requires coordination with the work of other agencies or contractors. The Contractor shall cooperate frilly with other agencies/ contractors and carefully- fit his own work to such other work as may be directed by the E'ngiueer. The Contractor shall not commit or peiinit any act to be committed which will interfere -xid--i the performance of work by any other agency/contractor. 00150.50 Cooperation With Utilities —Add the following: The Contractor shall notify all utility agencies which may be affected by the construction operation at least 48 hours in advance when their services will be affected by the work. The following information is includedfor the Contractor's convenience: Utility Notification Center 503-246-6699 800-332-2344 T-1tiltt1 AMcy Contact Phone Water City of Tigard John Goodrich 503-718-2596 24-hour 503-639-1554 Sanitary Sewer City of Tigard Rob Block 503-718-2607 Storm SeNver City of Tigard Rob Block 503-718-2607 Power PGE 24-hour 503-464-7777 Damage&Repair 503-736-5662 Tiffany Ritchey 503-7/64-6935 Carl Krutka 503-849-6746 Cable Comcast Ivan Chandler 503-849-4738 Page 48 Ken Parris 503-969-8662 Damage&Repair 503-617-]212 Telephone Fron6cr 24-hour 1-877-462-8188 Andrew IAIulick 503-526-3544 Gas Nom'Natural Bob Keller 503-816-0299 Damage&Repair 503-226-4211 SECTION 00165 QUALITY'OE MATERIALS Comply with Section 00165 of the Standard Specifications, modified as follows: 00165.04 Cost of Testing— Delete the first paragraph SECTION 00170 -LEGAL RELATIONS AND RESPONSIBILITIES Comply with Section 00170 of the Standard Specifications modified as follows: 00170.80(x) - Responsibility for Damage in General - The Contractor shall perform Work, and furnish Materials and Egtupment for incorporation into the Work, at the Contractor's own risk, until the entire Project has been completed and accepted by the City. The Contractor shall provide adequate protection for property, trees, landscaping, and other items adjacent to the work area. Existing trees,property,shrubs,plants,or other.items that are not to be removed but are injured or damaged by reason of the Contractor's operations shall be replaced in kind at the Contractor's expense. Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work,except as otherwise provided in this.Section. SECTION 00180 - PROSECUTION AND PROGRESS Comply with Section 00190 of the Standard-Specifications modified as follows: 00180.41 Project Work Schedules - add the following: The contractor shall provide a work schedule acceptable to the engineer a minimum of 7 days in advance of beginning construction. Should rescheduling become necessary, no work shall be done until the City approves the revised schedule and residents are provided notice with adequate time, (normally 24 hours) before the work commences. Page 49 Add the following subsection: 00180.50(h) Contract Time – Fork to be done under the Contract must be substantially complete before October 15``', 2013. All punch list iters and cleanup must be complete by October 31", 2013. 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 $700 per Calendar Day. SECTION 00195 –PAYMENT Comply with Section 00195 of the Standard Specifications modified as follows: 00195.10 Payment for Changes in Materials Costs–This section is not used on this project. 00195.20(a) Insignificant Changed Work–Add the following: The City may add work, up to 25% of the total project value widzout changes in unit prices, except for specific items where the addition significantly changes the character of the work. The City may delete work from this project and/or reduce the quantity of work up to 25% of the total project value without changes in unit prices. SECTION 00220 -ACCOMMODATIONS FOUR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: 00220.02 Public Safety and Mobility—Replace the bulleted item that begins "Do not stop or hold vehicles...."with the foUou-ing: Do not stop or hold vehicles for more than 5 minutes. Replace the bulleted item that begins `Do not block driveways'with the following- Do ollowingDo not block driveways, intersections or approaches without the approval of the Engineer. Provide reasonable access to driveways, intersections or approaches at no expense to the City. Add the following- All ollowingAll streets shall remain open to traffic throughout construction. The contractor must obtain the engineer's approval of a traffic control and signage plan at least 7 days before work begins, shall implement the plan before occupying any portion of the street, and shall maintain traffic control in accordance with that plan, or as otherwise directed by the engineer, for the duration of the work. Page 50 The amount of time that the roadway is left unstriped or v-ith temporary striping must be minimized. Permanent striping must be replaced on the roadway as soon as feasible; a maximum of 10 calendar days after construction activity removes or covers roadway striping. Do not place work zone signs or supports that-will block existing walkways or existing bikeways unless otherwise approved by the engineer. The engineer and/or inspector mall order immediate stoppage of work and restoration of noilnal traffic patterns at any time if,in their judgment,such action is iiecessatj•to reduce excessive delays and/or protect public safety. Cost for all work under this section shall be considered as incidental to the work on this project. 00220.03 Work Zone Notifications -:add the following: The contractor shall provide site-specific temporary signage,with sign appearance and installation as approved by the engineer to notify residents and street users of the specific schedule for work on that street. Signs shall be placed a minimum of 7 days before any work affecting use of the street. Notify emergency services and organizations listed below 10 calendar days in advance of street closures. The followingvnformation is provided for the contractor's convenience: o Emergency Services 911 o City of Tigard-Police Department (Non-Emergency) 503-629-0111 o Tualatin Valley Fire&Rescue Gerry Renfro) 503-612-7000 o United States Post Office (Non-Emergency Sere-ices) 503-968-0753 0 or 503-968=2991 o United States Post Office (Emergency Services) 866-261-6412 o Tigard-Tualatin School District Gean Devenport) 503-431-4046 o First Student Goanne Kirkbride) 503-431-2345 o Tri-Met—Road Operations 503-962-8117 o Pride Disposal (Lottie Schmidt) 503-625-6177 Ext 129 Cost for all stork under this section shall be considered as incidental to the work on this project. 00220.40(e) Lane Restrictions -Replace the paragraph that begins "Do not close any..." with the follm%ring: Typical allowable work hours for this project will be from 7:30am to 7:00pm Monday through Friday, although the city's project manager may, change these work hours if he funds it is in the public interest to do SO. All streets must remain open to traffic throughout construction. The contractor must obtain city approval of a traffic control andsignage plan at least 7 days before work begins,and implement that plan before occupying the roadway. Weekend work is not permitted unless specifically authorized by the Engineer. SECTION 00225 - WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications modified as follows: Page 51 00225.90 Payment— This contract uses Method C — all work zone traffic control is considered incidental and no separate payment will be made. SECTION 00280 EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications modified as follou-s: 00280.00 Scope—Add the following:This section shall be governed by Clean Water Services. SECTION 00290 - ENVIRONMENTAL PROTECTION Comply with Section 00290 of the Standard Specifications modified as follows: 00290.32 Noise Control_in first paragraph, change work hours to 7:30 A n to 7:00 pm. SECTION 00490,-WORK, ON EXISTING SEWERS AND STRUCTURES Comply with Section 00490 of the,Standard Specifications modified as follows: 00490.48 Adjusting Boxes Cleanouts and Similar Structures -Add the follou-ing. Cast or ductile iron riser rings may be used'for adjusting monument boxes. Replace aluminum lids with cast or ductile iron lids that are fitted to the riser ring. 00490.49 Finish Grade-Add the following. Water valve access lids"shall only be adjusted by musing the top section of the existiung 910 can. SECTION 00620—COLD PLANE PAVEMENT REMOVAL 00620.00 Scope-Add the following: The plans show preliminary locations of pavement removal and grind/inlay areas.The engineer may, edit these areas by marking the existing pavement to show the final locations of pavement removal and grind/onlay areas. SECTION 00730 EMULSIFIED ASPHALT TACK COAT Comply with Section 00730 of the Standard Specifications modified as follows: Page 52 00730.42 Preparation of Underlying Surfaces: Add the followvung: Sweep edges of existing paveinent and take other steps as necessary to expose and clean the entire surface prior to applying tack. 00730.44 Applying Tack Coat: Add die following. Apply tack to edges of curb,inlets,and joints of adjacent pavement. 00730.90 Payment:Replace this subsection xvith the following: No separate payment will be made for tack coat. SECTION 00745 HOT MIXED ASPHALT CONCRETE (HMAC) Comply with Section 00745 of the Standard Specifications modified as follows: 00745.02 Definitions—Add the following. Hot Mixed Asphalt Concrete (HMAC)=Level 2.Dense'/2"HIAAC shall be used for this project (unless a «'MAC substitution'is approved by the engineer in accordance with the below requirements.) Warm Mix Asphalt Concrete (WMAC) -An asphalt concrete mix following all the requirements of H-2\1AC except that through the use of additives or processes it is mixed and placed at lower temperatures.The term WMAC shall be used interchangeably with HINIAC except in subsections 00745.13(b) and 00745.49(a-1). W1\1AC may be used at.the Contractors discretion as a no cost change option,if approved by the engineer. Comply,x-ith the current specifications for WINIAC. 00745.04 Reclaim ed.Asphalt Shingles (RAS) -Reclaimed asphalt shingles (RAS) shall not be used on this project. 00745.10 Aggregate - In the paragraph that begins "Provide and'stockpile..."; -remove the words "and RAP aggregates". 00745.10(a-5) Fractured Faces -In the sentence that begins "provide crushed aggregate...",replace "AASHTO TP 61'" w4t11"AASHTO T 335". 00745.10(b-3) Grading-Replace the tolerance list with the following tolerance list: Page 53 Separated Sizes 11/4" -3/4" 3/4" -No.4 3/4" - 1/2" 1/2" -No. 4 T Percent Passing (by Weight) T T T Sieve Size 1 1/2" — 1 11/4" 45 — — 1" ±10 —1 —1 3/4" ±5 ±5 ±7 —1 1/2" ±8 ±8 ±5 3/8"* No.4 ±3 ±8 ±8 ±8 No. 8 ±5 ±5 ±5 No. 16* — — — No.30 ±1 ±3 ±3 ±3 No. 50* — — — — No 100* — — — — N o200 ±1.0 ±1.0 ±1.0 Report percent-passing sieve when no tolerance:is listed 00745.10(e-3) Grading- Replace the tolerance list with the following tolerance list: Separated Sizes No.4-0 No.4-No. 8 No. 8 - 0 Percent Passing (by Weight) Sieve Size 3/g' — 1 —1 No.4 ±7 No. 8 ±7 ±7 ±10 No. 16* No. 30 ±7 +5 ±8 No. 50* No. 100* No. 200 ±3.0 ± 2.0 ±4.0 * Report percent passing,sieve when no tolerance is listed 00745.10(c-4) Combination of Fine Aggregate for Testing Replace this subsection with the following. Blend together foie aggregate produced in two separate sizes at a 1:1 ratio when testing for sand equivalent. 00745.10(c-5) Blend Sand: Replace the paragraph that begins "Determine sieve analysis..." vath the Mowing paragraph: Determine sieve analysis according to AASHTO T 27 and AASHTO T 11. Do not use more than 6% natural or uncrushed blend sand,by weight,in the total aggregate. Provide a means of verifyingand documenting the amount of blend-sand added to the aggregate. Page 54 00745.11(b) Asphalt Cement Additives -Replace this subsection with the following: Use standard recognized asphalt cement additive products of known value for the intended purpose and approved for use on the basis of laboratory tests. Asphalt cement additives shall have no deleterious effect on the asphalt material and be completely miscible. Do not use silicones as an additive. Add the following asphalt cement additives when required by the JME Anti-stripping asphalt cement additives to prevent stripping or separation of asphalt coatings from aggregates to satisfy the TSR specified in 00 745.13. • Asphalt cement admixtures used to aid ui the mixing or use of asphalt mixes or for experimenral purposes. \X'hen'%'N1AC is used, select one of the`l\,LkC Technologies and process and additive tisPes listed below-or approved by-the Engineer: 1AC Technology Process and Additive Supplier Type LEA-CO Foaming Process Advanced Concepts Engineering Co. Eco-Foam 11 Foaming-Pr_ocess AESCU/Madsen Redi-Set'W Na Chemical Additive Akzo Nobel Surfactants,Inc. CECABASE RT Chemical Additive Arkema Group Aspha-Min (Synthetic Zeolite) Foaming Process .�spha-Min Double Barrel Green System Foaming Process Astec Industries Green 1\iachine Foaming Process Gencor Industries HG-rant Warm Mix System Foaming Process Herman Grant Company Qualitherm Chemical,Additive Iterchin-iica Aquablack Warm'fix Asphalt Foaming Process Maxani Equipment Inc. Low Emission Asphalt Chezrucal Additiue 1!-fcC'onnauglzay T-;echnologies Evotherm Cherwc2d Additive NleadWesivaco Asphalt Innovations Meeker'Wa-rm N ix Foaming Process IGieeke 'Equi mens Corp. Inc. Advera (Synthetic Zeolite) Foaming Process PQ Corporation Sasobit organic Additive Sasol A'ax Americas,Inc. Shell Thiopave Chemical,Additive Shell Accu-Shear Dual Warm-Nfix Foaming Process Stainsteel Additive System Tri-Niix %'arm Mix Injection Foaming Process Tarmac Inc. Farm Mix Asphalt System Foaming Process Terex Roadbuilduig Submit the proposed WNL�C technology to be used and a plan for its implementation at the pre-construction conference. The Contractor must obtain the Engineer's approval of the specific process to be used at least 7 days before paging. Comply with the manufacturer's recommendations £or incorporating additives and WNI AC technologies into the mix. Comply with manufacturer's recommendations regarding receiving, storing,and delivering the additives. Page 55 Add the following subsection: 00745.11(d) Aggregate Treatment-Latex Polymer-A latex polymer aggtegat_e treatment material may be used to treat new crushed aggregates instead of Pune if Tensile Strength Ratio test results on die nvxture with the latex polymer treatment at the JMF meet the minimum criteria in 00745.13(h). (1) General: a. Provide a system to automatically meter the latex emulsion at the proper rate and apply the emulsion uniformly to the aggregate prior to the addition of the asphalt cement. Follow manufacturer's recommendations to set up;adjust and calibrate the equipment. b. Demonstrate to the Engineer's satisfaction that the required application rate of latex solids is being met. If it is not, take corrective action. Document and notify-the Engineer of the corrective action. (2) Material-Use latex polymer emulsion concentrate meeting the following: Minimum Maximum 'Test Method Solids Percent 65.0 — ASTIM D 1417 pH 9.0 11.0 ASTIT1 D 14i7' Brookfield`Tiscosity 500 3000 ASTM D 1417 Spindle 3,20 RPM,cPs Protide a quality compliance certificate for the polymer latex emulsion concentrate to the Engineer according to 00165.35. (3) Application Rate -Apply the latex emulsion to achieve a minimum of 0.75 pounds of latex solids per ton of new aggregate (0.0375%) for dense graded mixtures and a,minimum of 0.50 pounds of latex solids per ton of aggregate (0.0259/4) for open-graded mixtures. Higher application rates may be required to meet minimum TSR limits. Determine application rate during mix design testing. (4) Treatment During HMAC Production: a. Adjust aggregate moisture content to meet manufacturer's recommendation for emulsion- application. Apply,the latex emulsion at the m+niimun rate specified above or at a higher rate if TSR testing indicates a higher rate is required. b. Apple the latest emulsion to the aggregate just prior to entry into dryer drum. Mix aggregate with the emulsion in a pugmill or in the dryer drum prior to application of asphalt cement. Heat aggregates to at least 250 °F aftertreatment and prior to addition of asphalt cement. 00745.13 Job Nfix Formula OIF) Requirements -Add the following paragraphs and bullets after the paragraph that begins "Provide a range of proposed...... A separate JMF will be issued for WNLkC. Do not use recycled asphalt shingles in WMAC mixes. When%XIMAC is used,provide the following information in addition to the requirements listed for Hil1k-C: WMAC technology and WNIAC additives information. WMAC technology manufacturer's established recommendations of usage. Page Sb 'MAC technology, manufacturer's established target rate for water and additives, the acceptable variation for production, and documentation showing the impact of excessive production variation. e WMAC technology material safety data sheets if applicable. Temperature range for mixing. Temperature range for compacting. Except for foaming technology, asphalt binder performance grade test data of the asphalt binder and chemical additive at the manufacturer's recommended dosage rate. Except for foaming technology, `I SAC mixture performance test results according to 00745.13(c). Perform testing for foaming technology on the production mix on specimens compacted at WNL-�C compaction temperatures. 00745.14 Tolerances and Limits - Replace the tolerance list with the following tolerance list: Gradation; Dense-Graded HMAC Type Open-Graded HMAC TYPE ler 3/4) it 1/211 3/81t 3/4n I/2" ATPB Constituent 1 1/2" J'yIF ± 5%* 99 - 100% 99 - 100°'0 1„ 90. - 100%, JmF ±5%* 85 - 9G°% 99 _ 100 85 - 95°%0 JIvI,F± 5% 90 - 100% JMF 5%* 3/4" 55 - 71% 9,0 - 98°%0 35 - 68% 1/2» JINIF ± 5%JM`F ± 5% 90-1000,'/. JNIF± 5%* _ - - 3/8"** _ _ - 90-100% JMF ± S% J1\iF ± 5-/.JA-IF ± 5% No. 4 JMF± 5% JMF 5% JMF ± 5% JI\IF ± 5°i0 JMF± 4% Ji\IF± 4°;oJN1F± 4°i0 No. 8 J I-ZF± 4% JNIF-± 4% JIMF ± 4% JMF ± 4°o NO.16-1--* - - - - - - - No. 30 JNfF±'4%JMF± 4°/a JMF± 4% JMF ± 4% JNIF± 40/b JMF± 4% No. 501" - - - - - - - No.100** - No. 200, JNIF ± 2.0`3 oJ'-NIF ± 2.0%JI\1F ± 2.0% JTAF ± 2.0% JMF ±2.0-,%JMF ±2',0%JMF ± 2.0°40 *Ma-gitnum not to exceed 100% **Report percent passing sieve when no tolerance is listed 00745.16(a-1) Personnel,Requirements -Add the following bullet to the end of the bullet list- The istThe contractor shall provide,a quality control technician to monitor compaction to assure compliance with Section-00745.1 plant inspector from an independent testing firm maybe required. The QC person,if required,will sample.aggregate from stockpiles in advance, test the aggregate for durability,per Section 00745, and shall also be present when producing nvx for this project. The cost of such inspection shall be incidental to the payment for HNL4C (or Wl\- AC). 00745.16(a-4) Testing Frequency- Delete the paragraph that begins "After the Mix Design... Add the following subsection: 00745.16(a-5) Plant Calibration -Calibrate all meters and belt scales at the Hi1AC mixing plant according to ODOT TM 322 prior to beginning production. Page 57 00745.16(b-1) MDV Quality Control-Rep Lace this subsection u-ith the foLoxv ng subsection: (1) MDV Quality Control: a. General- Before beginning production and placement of «'NCt C, perforin MDV tests on the HIvIAC as required at start-up according to 00745.16(b-1-c). Two consecutive running averages of four , 1DV test results from testing of HMAC shall be within the limits of 00745.16(b-1-a). Perform MDV testing on projects with Level 2, Level 3, or Level 4 dense graded HN—U1C. Perforin MDV tests on every sublot and as required at start up according to 00745.16(b-1-c) and the MFFP. Perforin gradation and asphalt content testing with each It,1DV test. Calculate the following values for each MDV test. • Au:Voids • Voids un Mineral Aggregate (vlvL-�) • Voids Filled-,xith Asphalt(\'FA) • P No. 200/Effective AC (Pbe) Ratio The running averages of four NfDV results shall be within the limits given below: Average of Limit Air Voids 4 samples jl\I Target± 1.09/o STNJA 4 samples 11.5 - 17.0 (1" N-a-) 12.5 - 17.0 (3/4" 1\Lia) 13.5 - 17.0 (1/2" I\a-) 14.5 - 17.0 (3/8" Mix) VFA 4 samples 65 - 75 (3/4" and 1/2" 1\.Ex in Level 2, 3 and 4) 65 - 78 (3/8" 112ix in Level 2,3 and 4) 70- 80 (1/2" and 3/8" IMLx in Level 1) Passing No. 200/Pbe 4 samples 0.8 - 1.6 The CDT shall provide the results from the itnitial control strip to the CAT II for evaluation and comparison With the MDV results. If the MDV and density test results are contradictory, initiate an investigation. The CAT II shall recommend a plan to the Engineer for resolving the discrepancy based on the results of the investigation. Take corrective action when required by the MDV start-up process of 00745.16(b-1-c). After the requirements of 00745.16(b-1-c) have been met, take corrective action if the lViDV test results show that two consecutive running average of four samples are outside the above limits for air voids, VMA, VFA, or P No. 200,/Pbe ratio. Document the corrective action and notitir the Engineer. If test results continue to be outside the tolerance, stop production and make adjustments. Restart production only after the Engineer has approved the proposed adjustments. If the 1ADV test results are outside tolerance, but the mixture meets the current requirements for gradation and asphalt content, an adjustment to the ]MF targets is required. Do not start a new lot as a result of the adjustment. A request for an adjustment to the JMF targets may be made to the Engineer by the Contractor's CAT- I1. The requested change will be reviewed and documented by the Engineer. If acceptable, a revised JMF will be allowed. Clearly document the sublot test for which the adjusted targets are in effect. Page 58 Adjusnnents for gradation shall not exceed the tolerances specified for the original JI\LF limits_ Adjustments for AC content shall be v ithin 0.51,1'o of the original IMF. The TMT asphalt content may only be reduced if the production VK-k meets or exceeds the above requirements. Adjustments for RAP combination shall be within 5% of the original JNIF blend percentage, but shall not exceed the requirements of 00745.03 or 00745.04. Adjusting proportions of the RAP will not be allowed during production of the mixture. Regardless of these tolerances, the adjusted JMF shall be within the mixture specification control points of 00745.12. If a redesign of the mixtzue becomes necessary, submit a new JMF according to the requirements of these specifications. Perform a Tensile Strength Ratio (fSR) test (AASHTO T 283) on a sample obtained during the first two days of production after QC test results verify that HMAC constituents with a weighting factor greater than one according to 00745.95 are in tolerance. provide test results to the Engineer -,within four working days of obtaining the sample. Stop production and make adjustments if the TSR is less than 70. Restart production only after the Engineer has approved the proposed adjustments. b. Laboratory Compactor Selection - Use a Gyratory compactor for hIDV when a Gyratory compactor is used to develop die JMF_ For all other cases, use a Gyratory compactor or Marshall compactor, as selected by the Contractor. c. MDV Requirements at Start-Up - Per-form MDV testing at the start-up of the JMF production according to the following process: 1. Obtain .a sample during the first 100 tons, of production and immediately, perform MDV testing. 2. If air voids and V,NL1 are within tolerance, then continue remaining A-1DV testing at the established random QC sublot interval. If not, then go to step "3". 3. if air voids and/or VKk are out of tolerance according to 00745.16(b-1-a), then make adjustments and immediately obtain another sample and perform MDV testing. Go to step 4. If air voids and VINIA from the MDV testing in step "3" are within tolerance; then continue remaining MDV testing at the established random QC sublot interval_ If not, go to step "5". 5. If air voids from step "3" are more than ± 1.501'o from the target, then stop production immcdiately and make adjustments. If they are not, then go to step "6". Obtain approval of the Engineer before restarting production_ Begin MMM testing again at step "1 it. b. If air voids from step "3" are out of tolerance and 1.5°,o or less from the target, or the VNL'i from step "3" is out of tolerance, then make adjustments and immediately obtain another sample and perform MDV testing. Go to step "4". The initial 1_1DV sample shall be used as the first random QC sublot test_ Subsequent MDV samples required due to failure of start-up criteria will be used for a sublot QC test if the sample is taken within 100 tons of the scheduled random QC sample location. If not, the hiDV testing shall be performed separate from, and not included In,the random QC testing program. Any required MDV testing gill.be completed at the Contractor's-expense. Add the following subsection: Page 59 00745.16(b-4) MDV for W11iAC -Perform MDQ' testing on WRZAC according to 00745.16(6-1-a). Continued production and placement of WMAC will be allowed at the discretion of the Engineer. 00745.21 HMAC Mixing Plaut-Add the following to the end of this subsection: (g) WMAC Mixing Production- Modify the asphalt mixing plant as required by the manufacturer to introduce the WMAC technology. Plant modifications may include additional plant instrumentation, the installation of asphalt binder foarying systems and V IAAC additive delivery systems, tuning the plant burner, and adjusting the flights in order to operate at lower production temperatures and reduced tonnage. Document the integration of plant controls and interlocks. 00745.24(a) Steel-Wheeled Rollers - Replace this subsection with the following subsection: (a) Steel-Wheeled Rollers - Provide steel-wheeled rollers witli a nninimunl gross static weight as follows: Level 1 and Level 2 Level 3 Level 4 Breakdown and Inteimediate 8 ton 10 ton 12 ton Finish 6 ton 8 ton 10 ton 00745.43(b) Heating Temperatures -Replace the table with the following: HMAC Temperature,OF Grading Maximum Minimum Behind at mixer Paver Dense 350 240 Open 350 205 WMAC Temperature,OF Grading Minimum Behind 'Paver Dense 215 00745.46 Control of Line and Grade - - Comply with the current Special Provision; except thickness shall be within 1/4 inch. Check mat thickness to assure compliance with overlay thickness. Monitor grade along curb to assure positive drainage. Correct any ponding in the new overlay to the Engineer's satisfaction. 00745.49(a-1) Temperature -Add the following after the sentence that begins "Complete breakdown...": For VI AC, complete bre kdoun and intermediate compaction before the WMAC temperature drops below 160 OF. 00745.49(b-1) General - Comply with the current specification. Page 60 00745.49(h-3) Moving Average Maximum Density (MAMD) Method - Replace tbc '_VL\1NID list with the following list: Course of Construction HMAC First 1 iNf AC lift less than 3 inches placed on aggregate base 91.0 All other 92.0 00745.49(b-4) Control Strip Method-Delete diis subsection. 00745.49(b-5)Test Results -Renumber this subsection to b-4. Add the following subsection: 00745.71 Edge Sealing Seal all feathered edge joints (such as across streets, driveways, and other paved areas)with hot crackseal 6"wide with rubberized asphalt material using the methods,materials,and procedures specified in section 00746. Seal along all edges...There new pavement abuts existing pavement or curb using the methods,materials,and procedures specified in section 00746. 00745.80 Measurement-The quantities of HKkC will be measured on the weight basis (including asphalt). 00745.90 Payment-Add the followni ig paragraph to the end of this subsection: No separate or additional payment will be made for asphalt cement used in the mixture. 00745.93 Other Items:Add the following items: O Tack coat © Sand sealing 00745.95 HMAC Price Adjustments—Delete this section. SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS Comply with Section 00850 of the Standard Specifications modified as follows: 00850.20(b) Equipment for Longitudinal Lines - Replace the paragraph that begins "Use equipment capable of..." with the follovnig paragraph and bullets: Provide equipment that can: Place hvo parallel lines simultaneously with 4 inch minimum to 12 inch maximum,spacing between the two lines. o Place the entire width of a line in one pass. 00850.43 Prepare and Prime Pavement-Add the following: Install pavement markings%vithin ten calendar days of Paving operations. Page 61 00850.46 Placement Tolerance-Replace the bullet that begins "Thdckness of lines...u7th the following bullet: a Thickness of flat, surface applied lines: + 1/3 of the specified thickness, - 11/10 of the specified thickness 00850.47(c) Retroreflectivity—Replace the sentence thatbegins "Use a retroreflectometer—" with the following sentence: Use a 30 meter geometry retroreflectometer to measure the retroreflectivity within 48 hours of curing. 00850.70 Disposal of Waste-Replace this subsection-,vith the follo-\Ang subsection: 00850.70 Disposal of Materials - Dispose of all materials according to 00290.20. SECTION 00851- PAVEMENT MARKING REMOVAL Comply with Section 00851 of the Standard Specifications modified as follows.- 00851.80, ollows:00851.80 Measurement—Replace this section to read—No measurement for pavement marking removal will be made. Pavement marking removal is considered incidental to other items. SECTION 00855 - PAVEMENT MARKERS Comply with Section 00855 of die Standard Specifications modified as follows: 00855.40(a) General-Add the following: Replace fire hydrant reflectors with one reflective Type I bi-directional blue marker, installed 1 foot from the centerline of pavemenr toward the fire hydrant. 00855.40(c) Installation-In the paragraph that begins "Do not install...", replace the sentence that begins "Adjust spacing between...'' v6th the following two sentences: To avoid longitudinal-cracks and joints,adjust pavement markers up to one half the width of die marker. To avoid transverse cracks and joints,adjust pavement markers ahead or back on line±5 inches. 00855.90 Payment-.add the following: pavement 1,Iarker (Blue Fire Hydrant Locate) SECTION 00865 - LONGITUDINAL PAVEMENT MARKINGS - DURABLE Comply with Section 00865 of the Standard Specifications modified as follows: 00865.40 General—Add the following: The skid resistance of the pavement marking shall equal or exceed the skid resistance of the adjacent pavement m both wet and dry conditions. Page 62 00865.45 Installation-Add the following bullet to the end of the subsection: Method BF: Non-Profiled Extruded or Sprayed Matldngs - Install Method B or Method F as the Contractor elects. 00865.80 Measurement- Replace this section with the following: The quantity of longitudinal pavement markings will be measured on a linear foot basis. This shall be one measurement of the total length of the pattern,.not each individual stripe. Payment will be payment in fi-ill for furnishing and placing all materials,and for filrtushing all equipment,labor,and incidentals necessary to complete the work as specified. SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND BARS Comply with Section 00867 of the Standard Specifications modified as follows: 00867.45 Installation - Replace the paragraph starting'with "Apply one or more..." with the following: Apply"type B-HS: Preformed Fused Thermoplastic;Film High-Skid on this project. Install preformed fused thennoplastic film high skid, that has intermixed reflective elements with factory installed crushed glass or aggregate on the surface for all staggered,continental crosswalks, bike lane stencils, bike path railroad crossings, and other transverse pavement markings as shown. 00867.90 Payment- Replace this subsection, except for the subsection number and title,,with the following The accepted quantities of work performed under this Section will be paid for at the Contractunit price,per unit of measurement,as listed in the Bid Schedule. Payment will be payment in fullfor famishing and placing all materials,and for furnishing all equipment,labor, and incidentals necessary-to complete the work as specified. Page 63 ATTACHMENT M STANDARD DETAILS 92ND AVENUE Street and Storm Sewer Improvements CITY OF TIGARD,OREGON The following detail drawings apply to this project and are hereby made a part of the contract documents. 1. All drawings incorporated into or referenced by the 92""AVENUE Street and Storm Sewer Improvements Dated May, 2013 Page 6.4 ATTACHMENT N OREGON PREVAILING WAGE RATES 92ND AVENUE Street and Storm Sewer Improvements CITY OF TIGARD,OREGON May be downloaded from h=://-,,,w-w,.bob-st:ate.oj-.us/BOLI/WliD/l'WRZpwr book.shtn 1. Page 65 ISO%! AREX May 8, 2013 Mr, Tony Weller, P.E.,PLS. CESNW, Inc. 13190 SW 68th Parkway, Suite 150 Tigard,OR 97223 Re: Proposed Retaining Wall Geotechnical Design Recommendations SW 92nd Avenue Tigard,Oregon 1991-00 Dear Mr.Weller: At your request,Apex Companies,LLC(Apex)has completed a site reconnaissance and surficial soil investigation of the proposed retaining wall alignment. As part of our geotechnical retaining wall foundation investigation,we reviewed: pertinent geologic_studies,for the area of the project-site;National Resources Conservation Service (NRCS)soil mapping for the project area;and Oregon Water Resources Department(OWRD)archival water well logs and geotechnical boring logs for the project vicinity. In addition,Apex has conducted an investigation of shallow soil conditions via hand auger. SUBSURFACE INVESTIGATION A series of hand augers were excavated along the proposed retaining wall alignment. Soils observed within these excavations included: Southern Half of the Wall. Soil conditions present ator near foundation grades in this area are characterized either by standing water or very shallow groundwater,deep topsoil and root zone,and soft mineral soils. The topsoil and root zone soils extend to depths of approximately 24 inches below the ground surface(bgs). Soil in this zone consists of soft or very soft,wet;dark gray, highly organic,silty clay or clayey silt. This organic soil unit should be stripped/removed from beneath wall foundations and wall backfill.areas. Beneath the topsoil zone,we encountered a soft to medium stiff,wet, brown, mottled,silty clay to clayey silt. We anticipate that between 12 and 24 inches of this soft soil will require overexcavation from beneath wall footings and the wall'backfill zone during initial site work and grading (or from beneath the reinforced zone if a mechanically stabilized earth jMSEJ wall is utilized). The overexcavated area should be backfilled with compacted,clean crushed rock or compacted clean sand. Northern Half of the Wall. This area is characterized by deep topsoil and duff over stiff native silt soils. The duff andlortopsoil zone within this area extends to depths of approximately 12 or 16 inches bgs. Soil in this zone consists of soft to medium stiff, moist,dark gray,highly organic silt. This organic soil unit should be removed from beneath wall foundations and wall backfill areas. Beneath the topsoil zone,we encountered a stiff,damp grading to wet,brown, mottled,silt. We anticipate that limited areas of overexcavation of soft or unsuitable soils from beneath wall footings and the wall backfill zoneAuring initial site work and grading might be required(or from beneath the reinforced zone if an MSE wall is utilized). 3015 SW First Avenue, Portland, OR 97201 T 503.924.4704 F 503.943.6357 w"j.apexcos.com Mr. Tony Weller, CES Northwest,Inc. May 8,2093 Proposed Retaining Wall Geotechnical Design Recommendations Page 2 Overexcavations within this area should be assessed on a case-by-case basis during initial site work and site stripping. We anticipate that 12 to 18 inches of unsuitable material will likely need to be removed from limited areas of the wall foundations or wall backfilllreinforced zone area. The overexcavated area should be backfilled with compacted,clean crushed rock or compacted clean sand. Groundwater depth in this area varies considerably. It becomes progressively shallower from the northemmost extent of the wall to the southern end of the wall. Around the midpoint of the proposed wall,we observed water as shallow as 24 inches bgs. Soil Mapping Review. In addition to our shallow field explorations,we reviewed various geologic,archival and MRCS sources. The NRCS maps and classifies near surface soil types. This typically includes the upper 4 to 5 feet of soils underlying the topsoil horizon. The northern end of the retaining wall has been mapped as what is referred to by the MRCS as"Xerochrepts". Xerochrepts in the project vicinity typically takes the form of near-ground-surface cobble and boulder sized rocks within a sandy silt matrix. Boulders are sometimes nested with other boulders,or can be found as"floaters",within the soil matrix. Removal of boulders during site work is possible with large excavators, but will present problems for smaller equipment. Excavation of boulders that are uncovered at or near finished sub grade elevations for wall footings and or wallVeinforced zone backfill areas can result in the creation of large holes that,will require additional backfill and additional compaction work of the backfill, RETAINING WALL GEOTECHNICAL DESIGN,PARAMETERS Overview. Both cast-in-place,cantilever walls and MSE walls are feasible for the proposed project. We have provided recommendations for both types of walls. The following guidelines for MSE walls and restrained or non-restrained walls assume that the associated recommendations regarding drainage,compaction, and other issues will be implemented. The southern half of the site is underlain by soft subgrade soils and either surface water or very shallow groundwater. In addition the soils beneath the entire site are highly moisture sensitive and very susceptible to erosion and will prove very difficult to work in or over during the rainy season. We highly recommend that earthwork be conducted during the dry season. If wet weather construction is anticipated,development costs will increase significantly as a result of the need to construct winterized haul roads and use of only granular material for structural fill or new embankment fill. Due to surface water ponding and shallow groundwater,traversing the southern half of.the site with construction traffic will be difficult regardless of the time of year construction,is undertaken. If sidecasting new backfill can't be conducted from the existing road embankment fill,then a heavy haul road section will be required. This should include a filter fabric placed over the stripped subgrade,along with a 24-inch crushed rock section. The haul road should be constructed from an advancing pad of fabric and rock via track-hoes or small dozers. MSE RETAINING WALLS Overview. (VISE retaining wall backfills should consist of clean,granular soils(i.e.,sand,gravels,crushed rock). MSE walls require high-quality backfi!I for durability, good drainage,constructability, and good soil reinforcement interaction. These characteristics can be obtained from well-graded granular materials. MSE systems depend on friction between the reinforcing elements.and the soil. In such cases, a material with high friction characteristics is specified and required. Some systems rely on passive pressure on reinforcing elements and; in those cases,the quality of backfill is still critical. These performance requirements generally eliminate predominately fine-grained soils—particularly soils with high clay content. .6357 www-a excos.com 3015 SW Firs,Avenge,Portland,OR 97201 T 563.924 4704 F 503.943 p Mr. Tony Weller, CES Northwest, Inc. May 8, 2093 Proposed Retaining Wall Geotechnical Design Recommendations Page 3 Recommended soil strength parameters for use in the reinforced retaining wall design are-summarized in the following table. Soil cohesion should be assumed as•zero. Table 3-MSE Backfill,Soil Strength Design Recommendations Design Friction Angle Moist Soil Active Lateral At-Rest Lateral Backfill Type P) Unit Weight Earth Pressure Earth Pressure (Y) Coefficient3 CoefFicient4 Imported Clean Sand' 34 degrees 120 pcf 0.28 0.44 Imported Gravel Backfi112 40 degrees 135 pcf 0.22 0.36 Table 4-MSE Backfill,Active and At-Rest Earth Pressure Coefficients for Sloping Backfill Active.Earth Pressure At-Rest Earth Active Earth At-Rest Earth Backfill Type Coefficient 3:1 Pressure Pressure Pressure yp Coefficient 3:1 Coefficient,2:1 Coefficient 2:1 Back Slope Back Slope Back Slope Back Slope Imported Clean Sand' 0.33 0.49 0.41 0.57 Imported Gravel Backfill 0.24 0.38 0:28 0.42 Notes. 1. Imported Clean Sand: The sand should contain less than 5 or 6 percent fines by weight passing a standard No.200 sieve. 2. Imported Gravel Backfill: The gravel should be both dean and angular, nominal'W(-)material or similar engineering approved import. The angular gravel should contain less than 5 or 6 percent fines by weight passing a standard No. 200 sieve. 3. Active Lateral Earth Pressure: Coulomb Active Lateral Earth Pressure with wall friction. The value assumes level backfill. For sloping backfill behind the retaining structure Table 4 should be utilized. 4. At-Rest Earth Pressure:The at-rest ear#pressure is determined by the relationship Ko=1-sin((P). The value assumes level backfill. For sloping backfill behind the retaining structure Table 4 should be utilized. Traffic Surcharging Loads. If traffic loads are expected within,a horizontal distance from the top of the wall equal to the wall height,a uniform lateral earth pressure actirig horizontally on reinforced walls equal to-60 pounds per square foot(psf)should be added to earth loads acbng:on the wall. External and Global MSE Wall Stability. MSE wall stability should be determined for overturning, bearing and sliding stability. Appropriate factor of safety should be utilized in design. The following soil parameters should be employed in extemal stability checks. Table 5-MSE Wall External Stability, Soil Design Parameters Parameter Symbol Units Value In-place Soils affoundation Grade Foundation Soil Friction Angle cp Degrees 28 F,oundatiowSoil'Unit Weight Y P 120 Base,Sliding Coefficient(Ultimate) d — 0.34 Allowable Bearing Capacity for footing embedded a minimum of 2 feet qao Ksf 2 PassiveLateral Earth Pressure Coefficient kp — 2.77 3015 SW First Avenue, Portland,OR 97201 T 503.924.4704 F 503.943-6357 www.apexcos.com Mr. Tony Weller, CES Northwest; Inc. May 8, 2013 Proposed Retaining Wall Geotechnical Design Recommendations Page 4 Note: 1. Ksf=Kips per square foot. Rd—pounds per cubic foot. MSE Wall Foundation Embedment. Soft wet soils are common throughout the project area but are particularly prevalent along the south half of the proposed retaining walls. Overexcavation of soft subgrade soils below wall footings should be anticipated. Overexcavations of up to 2 feet in depth may be necessary in areas. Overexcavation areas should be backfilled with compacted crushed rock, Total and Differential Settlement Estimate. For MSE backfill heights of 15 feet or less in which foundations are embedded a minimum of 2 feet below all surrounding grades,our estimated total settlement is less than 1 inch. Differential settlement over either a 50400t section or 100-foot section of MSE wall is estimated to be less than 0.5 inch. Suitable Fill Materials. Backfill selection should be based on both strength characteristics of the backfill(the internal friction angle of the materials utilized)as well as the ability of the backfill material to drain. To that end,sand or crushed rock import should be both angular as well as contain less that 5 or 6%fines by weight passing a standard#200 sieve. In addition,weather conditions will also affect the ability to place and properly compact fill materials utilized in MSE wall construction. For MSE walls and reinforced slopes,the susceptibility of the reinforcement to damage due to placement and compaction of backfill on the soil reinforcement should also be taken into account with regard to backfill selection. Grid and wall face manufacturing criteria should be adhered to for these aspects of the wall design. Additional Design Considerations. Utility trenching should not be conducted in the reinforced zone of MSE walls. Trenching will invariably cut through reinforcement layers within the wall zone and undermine wall stability. RIGID CANTILEVER RETAINING WALLS Restrained Walls. Restrained walls are any walls that are prevented from rotation during backfilling Restrained Walls include;Walls with corners and walls that are restrained from rotation along their top. We recommend that restrained walls be designed for pressures developed from the equivalent fluid weights shown in the following table. Table 7-Restrained Wall Pressure Design Recommendations Backfill Slope Equivalent Fluid Weight (Horizontal:Vertical) (pcf) Level 55 3HAV 65 These pressures represent our best estimates of actual pressures that may develop and do not contain a factor of safety. These pressures are assumed to act horizontally(normal to the wall). This is based on the assumption that drainage membranes or impervious wall coatings will prevent friction between the wall and backfill. These pressures assume retaining wall backfill material is well drained. Since traffic loads are expected within a horizontal distance from the top of the wall equal to the wall height, uniform lateral earth pressure acting horizontally on restrained walls equal to 110 psf should be added to earth loads acting on the wall. Non-Restrained Walls. Non-restrained walls have no restraint at the top and are free to rotate about their base. Most cantilever retaining walls fall into this category. We recommend that non-restrained walls be designed for pressures developed from the equivalent fluid weights shown in the following table. 3015 SW First Avenue, Portland, OR 97201 T 503.924.4704 F 503.943.6357 wvrw.apexcos corn Mr. Tony Weller, CES Northwest, Inc. May 8, 2013 Proposed Retaining Wall Geotechnical Design Recommendations Page 5 Table 8-Non-Restrained Wall Pressure Design Recommendations Backfill Slope Equivalent Fluid Weight (Horizontal:Vertical) (pcf) Level 35 3H:1V 45 These pressures represent our best estimate of actual pressures that may develop and do not contain a factor of safety. These pressures assume retaining wall backfill material is well drained Since traffic loads are expected within a horizontal distance from the top of the wall equal to the wall height, uniform lateral earth pressure acting horizontally on non-restrained walls equal to 70 psf should be added to earth loads acting on the wall. Seismic Lateral Earth Pressure. Lateral earth pressure acting on a retaining wall should be increased to account for seismic loadings. These pressures may be approximated by an evenly distributed pressure which is applied over the entire back of the wall. Using a design acceleration coefficient of 0.12(this is equal to 1/2 of the horizontal PGA) and a wall height"H'of up to 25 feet,we recommend that the seismic loadings be based on the surcharge pressures given in the following table. Table 9-Seismic Surcharge Design Pressure Recommendations Seismic Pressure Surcharge Design Condition I (psf) Active Earth Pressure 6H At-Rest Earth Pressure 16H These pressures represent our best estimate of actual pressures that may develop and do not contain a factor of safety. These pressures assume retaining wall backfill material is well drained. Retaining Wall Backfill. Backfiil behind retaining walls should consist of free-draining,granular material. To minimize pressures on retaining walls,we recommend the use of well-graded,angular crushed rock backfill with less than 5 or 6 percent fires by weight passing the standard No.200 sieve. Use of material containing high fines content could increase wall pressures as a result of inability or reduction in the ability of backfill to drain water and thus create hydraulic lateral pressures on the back of the wall. To reduce lateral earth pressures acting on the back of the wall, we recommend backfill behind retaining walls be compacted to lower levels than normal structural fill. Backfill behind walls should be compacted to approximately 90 percent of the material's maximum dry density as determined by ASTM D-1557(Modified Proctor)testing. We recommend that foundations or major loads not be placed within the zone that extends back from the base of retaining walls at a 1H:1V slope. Foundation loads located within this zone will significantly increase lateral pressures acting on retaining walls. Some settlement is typical of retaining wall backfill. Foundations within a wall backfill zone will also be subjected to settlement. Retaining Wall Drainage, Retaining walls will require drainage in order to alleviate lateral fluid/hydraulic forces on the walls. The drains should be protected by a filter fabric to prevent internal soil erosion and potential clogging. Retaining Wall Bearing and Sliding Resistance. The majority of the project's retaining structures are anticipated to be founded over a soft to medium-stiff subgrade that transitions into stiff soils at depth. Soft to very soft soils are common throughout the project area, particularly along the southern half of the proposed retaining walls. 3015 SW Firs:Aven:;e, Portland, OR 97201 T 503.924 4704 F 503.943.6357 wv w apexcos.com Mr. Tony Weller, CES Notthwest, Inc. May 8, 2013 Proposed Retaining Wall Geotechnical Design Recommendations Page 6 Overexcavation of soft,wet subgrade soils below conventional retaining wall footings should be anticipated. Overexcavations of up to 2 feet in depth maybenecessaryin areas,particularly the southern half of the proposed wail. Overexcavations areas should be backfilled with compacted crushed rock meeting WSDOT requirements for either select borrow or gravel borrow. Retaining wall footings-embed-ded at 2-feet below all surrounding finished grades can be sized based upon an allowable bearing capacity of 2. Kips per square foot(Ksf). This allowable bearing capacity assumes the foundation is established on firm,native subgrade soils,below all topsoil,and that frost heave depths are established in accordance with jurisdictional codes and procedures. For sliding resistance,the_ soils underlying spread footings can be assumed to have an ultimate coefficient of friction of 0.34. Passive soil pressures can;be developed along the sides of footings if the granular backfill is used around footings and the backfill is compacted to at least 95 percent of,the material's maximum dry density as determined by ASTM D- 1557(Modified Proctor)testing. We hope that this letter meets your needs-at this time. If,you have any questions or require further information, please call. Sincerely, PR `C6`� ��ttaE sio _ �=N.t 26 �/T A��`C� EXPIRES:1201 f j ,teff Duquette, P.E. Stuart Albright,P,E. Geotechnical Engineer Principal Geotechnical Engineer 3015 SW First Avenue. Portland.OR 97201 T 503.924.4704 F 503 343..6357 wwtv.apexcos.com DEPARTMENT OF THE ARMY f! CORPS OF ENGINEERS,PORTLAND DISTRICT P.O.BOX 2946 PORTLAND,OREGON 97208-2946 REPLY TO June 4,20-13 ATTENTION OF Operations Division Regulatory Branch Corps No.: NWP-2013-131 =. SINW, Ince Mr. Mike McCarthy City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mr. McCarthy: The U.S. Army Corps of Engineers (Corps)received your request for Department of the Army authorization to construct a sidewalk and retaining wall on the east side of 92nd Avenue in Tigard: The project is located in Tigard, Washington''County, Oregon. The site is in-Section 1-4, Township 2 South; and Range 1 West. The applicantwillconstruct a.sidewalk and retaining wall along 92nd Avenue in Tigard., Permanent impacts will result in 0.03 acre(122 cubic yards)of fill within a wetland'to construct a sidewalk and retaining wall adjacent to the existing roadway. Construction activities wilIres_ult in temporary impacts to 0.09 acre of uplands adjacent to the wetland. Temporary impacts will1,be minimized by constructing only in the dry, and through use of metal plates to reduce compaction and spillage. Most construction will take place along an existing roadway and any stockpile/staging area will be located outside of the defined project area and wetland. Inlet catch basins will be located at the base of the hill and a new storm sewer main will be construeted-to drain runoff into an existing.bio-cell located south of the project area. Wetland impacts have been minimized by limiting the sidewalk to one side.of the roadway and constructed at-the minimum size possible by use of a retaining wall instead of a standard 2:1 slope. The total project area is 0.3 S acre. Best management practices will be followed and will include inlet and outlet protection, and sediment control fencing. Mitigation for impacts to wetlands will be offset through purchase of mitigation bank credits. The project is shown on the enclosed drawings (Enclosure 1). This letter verifies that your project is authorized under the terms and limitations of Nationwide Permit(NWP)No. 14 for Linear Transportation Projects. Your activities must be conducted in accordance with the conditions found in the Portland District NWP Regional_ Conditions (Enclosure 2) and the NVdP General Conditions (Enclosure 3). You must also comply with the Oregon Department of Environmental Quality(DEQ) Water Quality Certification Conditions(Enclosure 4), and the project specific conditions lettered(a) through (b) below. Failure to comply with any of the listed conditions could result in the Corps initiating an enforcement action. -2- a. Permittee shall notify the Regulatory Branch vdth the date the activities authorized in waters of the United States are scheduled to begin. Notification shall be sent by e-mail to cenwp.notify@usace,army.mil or maile&to the following'address: U.S. Army Corps of Engineers CENWP=OD-GC Pen-nit Compliance, Washington County PO Box 2946 Portland, Oregon 97208-2946 The subject line of the message shall contain the name of the county in which the project is located followed by the Corps of Engineers permit number. b. Prior to the first discharge of dredged or fill material into a jurisdictional water of the United States,you shall purchase 0.6 credits from the W&M Butler Mitigation Bank. The permittee shall submit proof of this transaction to the U.S.Army Corps of Engineers prior to any discharge of dredged or fill material into a jurisdictional water of the United States. We direct your attention to NWP General Condition 29 and Regional Condition 16 (Enclosure 3)that requires the transfer of this permit if the property is sold, and NViWP General Condition 30 that requires you to submit a signed certificate when the work is completed. A "Compliance Certification"is provided(Enclosure 5). We have prepared a Preliminary Jurisdictional Determination(JD), which is a written indication that wetlands and waterways within your project area may be waters of the United States (Enclosure 6). Such waters have been treated as jurisdictional waters of the United States for purposes of computation of impacts and compensatory mitigation requirements: If you concur with the findings of the Preliminary JD,please sign it and return it to the letterhead address within two weeks. If you believe the Preliminary JD'is inaccurate, an Approved JD may be requested, which is an official determination regarding the presence or absence of waters'of the.United States. If you would like an Approved JD, one must be requested prior to starting work within waters of the United States. Once work within waters of the United States has been started,the opportunity,to request an Approved JD will no longer be available. This authorization does not obviate the need to obtain other permits where required. Permits, such as those required-from the Oregon Department of State Lands (ODSL)under Oregon's Removal/Fill Law,must also be obtained before work begins. The DEQ water quality certification conditions(Enclosure 6)require you to obtain DEQ approval of your stormwater management plan prior to initiating construction. Please contact the 401 Water Quality Certification Coordinator, Oregon Department of Environmental Quality, 2020 SW Fourth Avenue, Suite 400,Portland, Oregon,97201-4987, by telephone at(503) 229-6030, or visit http://www.deq.state.or.us./wq/sec40lcertirernovalfill.htm. -3 - The nationwide permits expire on March 18,2017. This verification is valid until March 18 2017 unless the NWP is modified or revoked prior to than date, If you commence or are under , contract to commence this activity before the date the NWP expires, is modified, or revoked,you will have 12 months from the date of the expiration,modification, or revocation to complete the activity under the present terms and conditions of the current NWP. We would like to hear about your experience working with the Portland District, Regulatory Branch. Please complete a customer service survey form at the following address: http://per2.nwn usace army milisurvey html. If you have any questions regarding this NWP verification,please contact Ms. Danielle Erb at the letterhead address, by telephone at(503) 808-4368, or e-mail: Damelle.H.ErbL@,usacc army mit. FOR THE COMMANDER,,JOHN W. EISENHAUER,P.E., COLONEL, CORPS OF ENGINEERS,DISTRICT COMMANDER: Karla Ellis Team Leader, Regulatory Branch Enclosures Copy Furnished: Oregon Department of State Lands (Redon) O?rgon Department of Environmental Quality(Christensen) chott and Associates