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S-2 Contractors, Inc ~ CP11014 CITY OF TIGARD,OREGON CONTRACT SUMMARY FORM (FORM MUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION) Contract Title: FY 2011 PMP Asphaltic Concrete Overlay Number: C P/i D l L Contractor: S-2 Contractors, Inc. Contract Total: $687,893.70 Contract Overview: Services consist of: Construction of Asphaltic Concrete Overlay;Asphalt concrete and road base removal and repair;Temporary signage,protection, and traffic control; Striping and pavement marking; and incidental work included in specs. Type: ❑ Purchase Agreement Start Date: June 29, 2011 End Date: June 30, 2012 ❑ Personal Service X Public Improvement LCRB Award: June 28, 2011 Department: Engineering ❑ IGA ❑ Other: Contract Manager: Mike McCarthy Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Knife River $875,067.20 Eagle-Elsner, Inc. $828,059.80 Oregon Asphaltic Paving $772,459.25 Baker Rock Resources $848,545.22 Brix Paving Northwest, Inc. $901,674.19 S-2 Contractors $687,893.70 Account String- FUND/DIVISION ACCOUNT AMOUNT Year 1 x/412 56005 $687,893.70 Year 2 7,5-23■S/ zi/a-- Year 3 Year 4 Year 5 Approvals Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: l City Manager Comments: 1 . City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. ATTACHMENT F PUBLIC IMPROVEMENT CONTRACT FY 2011-12 PAVEMENT MANAGEMENT PROGRAM ASPHALTIC CONCRETE OVERLAY ; - F CITY OF TIGARD,OREGON THIS CONTRACT, made and entered into this 1" day of July, 2011, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and S-2 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;and WHEREAS, the City has sufficient appropriation in the FY 2011-12 budget for this project,including all Schedules detailed in the Invitation to Bid. THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services Contractor's services under this Contract shall consist of the following: 1. Construction of Asphaltic Concrete Overlay 2. Asphalt concrete and road base removal and repair 3. Temporary signage,protection,and traffic control 4. Striping and Pavement Marking 5. Performance of additional and incidental work as called for by the specifications and plans. 2. Prevailing Wage The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor agrees that the workmen in each trade or occupation required for the work to be done pursuant to the contract, employed in the performance of the Contract, either by the Contractor or Subcontractor or other person doing or contracting to do any part of the work contemplated by the Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor. 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. The fee shall be paid on or before the first progress payment or 60 days from the date work first began on the contract, whichever comes first. The fee is payable to the Bureau of Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hours Division Prevailing Wage Unit 800 NE Oregon Street, # 32 Portland, Oregon 97232 Contractor shall provide proof as requested to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the Construction Contractors Board as required under Oregon PWR law. 3. Pre-Construction Conference The contractor and listed subcontractors shall attend and participate in the pre-construction conference described 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 the performance pertaining to this contract,in the City of Tigard, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. The contract documents include the documents with the following tides 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 From Public Improvement Contract Performance bond Payment bond Supplementary General Conditions Special provisions Drawings Standard Documents General conditions (Oregon Standard Specification for Construction, 2008 Volume 1 as amended by the Special Provisions) Standard Specifications (Oregon Standards Specifications for Construction, Volume2 as amended by Technical Specifications) City of Tigard Public Improvement Design Standards 5. 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 at 503-718-2462;or via email at mikem(a,tigard-or.gov. 6. Contractor's Representative For purpose hereof, the Contractor's authorized representative will be Bill Shunn who can be reached by email at bshunn @s2contractorsinc.com or by phone at(503) 651-4000. 7. Contractor Identification Contractor shall furnish to the City the Contractor's employer identification number, as designated by the Internal Revenue Service, or Contractor's social security number,as City deems applicable. 8. Compensation Progress Payments: City agrees to pay Contractor an amount not to exceed Six Hundred Eighty Seven Thousand Eight Hundred Ninety Three and 70/100 Dollars ($687,893.70) for performance of those services provided hereunder which shall include all Schedules detailed in the Invitation to Bid issued May 25,2011. Payments shall be based upon the following applicable terms: The City will pay only for measured Pay Item quantities incorporated into the Work or performed according to the terms of the Contract. The Contractor understands and agrees that Pay Item quantities listed in the Schedule of Items do not govern payment. Payment constitutes full compensation to the Contractor for furnishing all Materials, Equipment,labor, and Incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from the nature or prosecution of the Work or from the action of the elements, subject to the provisions of 00170.80. The Contractor shall indude the costs of bonds and insurance for the Project in the unit price for each Pay Item of Work to be performed. When the Specifications state that the unit price for a Pay Item is compensation for certain Materials or Work essential or Incidental to the Pay Item, the same Materials or Work will not be measured or paid under any other Pay Item. Contractor shall prepare and submit each month to the City Engineer, 13125 SW Hall Blvd., Tigard, Oregon 97223, a statement of services rendered, (indicating the description of each service used in the proposal and the dollar amount of each service completed through the stated date), together with a request for payment duly verified by the Contractor's Representative. Payment by the City shall release the City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the statement of services. Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein. The City certifies that funds are appropriated and available in the appropriate fiscal year's budget for work on this project. In the event the project crosses into subsequent fiscal years, appropriations will be determined during the budget process. Contractor shall include proof of payment to any and all subcontractors and suppliers with each statement submitted to the City. The City shall retain the right to withhold payments if required proof of payment to subcontractor and suppliers is not included with a statement. As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25% of any progress payment amounts owed to Contractor if Contractor has failed to file certified payrolls sheets with the City Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS 279C.555, shall be made to the Contractor within thirty (30) days of the City's receipt of the statement of services. The Contractor agrees that the "Time of Completion" is defined in the 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 $700.00 per day and Contractor agrees to pay damages in that amount if the work is not completed by the Time of Completion. Final Payment: The Contractor shall notify the City in writing when the Contractor considers the project complete, and the City shall,within 15 days after receiving the written notice, either accept the work or notify the Contractor of work yet to be performed on the contract. Upon acceptance by the City, the entire balance due to the Contractor, including the retained percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final acceptance. The City shall pay to the Contractor interest at the rate established in ORS 279C.570 on the final payment due the Contractor, to commence 30 days after the work under the Contract has been completed and accepted and to run until the date when final payment is tendered to the Contractor. If the City does not,within 15 days after receiving written notice of completion, notify the Contractor of work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run 30 days after the end of the 15-day period. As a further conditions of final acceptance, the City may require the Contractor to submit evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other indebtedness connected with the project have been paid, except that in case of any disputed indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 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 Subcontractors and of all persons employed by them, and neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to create any contractual relation between the Subcontractor and City. This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be binding upon the City and the Contractor respectively and their legal representatives. Contractor shall not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the written consent of City,and any assignment or delegation in violation hereof shall be void. Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid not less that the PWR Law specified minimum wage. 11. Contractor- Payment of Benefits - Hours of Work A. The Contractor shall: 1) Make payment promptly, as due, to all persons supplying to such Contractor labor or material for the prosecution of the work provided for in this contract; 2) Pay 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 prevailing rate of wage,which certificate and statement shall be verified by the oath of the Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor or Subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor's or Subcontractor's knowledge. 1) The certified statements shall set out accurately and completely the payroll records for the prior week, including the name and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. 2) Each certified statement required herein shall be delivered or mailed by the Contractor or Subcontractor to the City at least once a month by the fifth business day of the following month. a) Each Contractor or Subcontractor shall preserve certified statements for a period of three years from the date of completion of the contract. C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a Subcontractor by any person in connection with this contract as such claim becomes due, the proper office of the City of Tigard may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to the Contractor by reason of such contract. Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety from obligation with respect to any unpaid claims. D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one day, or 40 hours in any one 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. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law, the City's personnel rules or union agreement. The Contractor shall require every Subcontractor to comply with this requirement. F. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material within 30 days after receipt of payment form the City or from the Contractor to a subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due plus interest commencing at the end of the 10 day period that the payment is due under ORS 279C.580, unless payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS 279C.505(2). If the Contractor or any subcontractor fails,neglects, or refuses to pay a person furnishing labor or material, the person may file a complaint with the Construction Contractors Board, unless the payment is subject to a good faith dispute as defined in ORS 279C.580. G. Contractor shall include a clause in each contract 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 furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services and all money and sums which the Contractor collected or deducted from employee wages pursuant to any law, contract or agreement for providing or paying for such service. 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, or unilaterally by the City upon a finding that it is in the best interest of the public,and for the following reasons: 1) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute; or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement. C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 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.3 16. Access to Records City shall have access to such books, 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 effect as if set forth herein in full. If the Contractor must undertake additional work due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid, the City shall issue a Change Order setting forth the additional work that must be undertaken. The Change Order shall not invalidate the Contract and there shall be, in addition to a reasonable extension,if necessary,of the contract time,a reasonable adjustment in the contract price,if necessary,to compensate the Contractor for all costs and expenses incurred,including overhead and profits,as a result of the delay or additional work. 19. Changes City may at any time, and without notice, issue a written Change Order requiring additional work within the general scope of this Contract, or any amendment thereto, or directing the omission of or variation in work. If such Change Order results in a material change in the amount or character of the work, an equitable adjustment in the Contract price and other provisions of this Contract as may be affected may be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of change or the claim will not be allowed. Whether made pursuant to this section or by mutual agreement, no change shall be binding upon City until a Change Order is executed by the Authorized Representative of City,which expressly states that it constitutes a Change Order to this Contract. The issuance of information, advice, approvals, or instructions by City's Representative or other City personnel shall not constitute an authorized change pursuant to this section. Nothing contained in this section shall excuse the Contractor from proceeding with the prosecution of the work in accordance with the Contract,as changed. 20. Force Majeure Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled, including, but not restricted to, an act of God or of a public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under Contract. 21. Non-waiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 22. Warranties All work shall be guaranteed by the Contractor for a period of one year after the date of final acceptance of the work by the Owner. Contractor warrants that all practices and procedures, workmanship, and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under warranties contained in or implied by this contract. 23. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal. 24. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any questions arising under this Agreement must be brought in the appropriate court of the State of Oregon. 25. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the proposal of the Contractor, this instrument shall control and nothing herein shall be considered as an acceptance of the said teinis of said proposal conflicting herewith. 26. Indemnification Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the negligence of the City and its employees. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 27. Insurance Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: A. Commercial General liability Insurance: Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include personal and advertising injury liability and products and completed operations coverage. Coverage may be written in combination with Commercial General Liability and Commercial Automobile Liability Insurance with separate limits for both. Combined single limit per occurrence and annual aggregate limit shall not be less than the dollar amount indicated below. This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $4,000,000 Products-Completed Operations Aggregate $1,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 Medical Expense (Any one person) $5,000 B. Commercial Automobile Insurance: Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 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 mote than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than$100,000 each accident. D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. All liability Insurance policies will be endorsed to show this additional coverage. E. Notice of Cancellation: There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. F. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. G. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the City. No contract shall be affected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. The Contractor shall obtain, or ensure that the appropriate subcontractors obtain, insurance coverages required under this Contract from companies authorized to issue insurance in the State of Oregon. H. Independent Contractor Status: The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. I. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's coverage will be primary in the event of a loss. J. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included in all general liability,professional liability,pollution and errors and omissions policies required by this contract. Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior written notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City,in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City of Tigard Attn: Joe Barrett, Sr. Management Analyst 13125 SW Hall Blvd Tigard, Oregon 97223 Email address: joseph @tigard-or.gov Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 28. Method and Place of Giving Notice,Submitting Bills and Making Payments All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices,bills and payments sent by mail should be addressed as follows: CITY OF TIGARD S-2 CONTRACTORS,INC. Attn: Mike McCarthy,P.E.. Attn: Bill Shunn Address: 13125 SW Hall Blvd Address: 6860 S Anderson Road Tigard, Oregon 97223 Aurora,Oregon 97002 Phone: 503-718-2462 Phone: 503-651-4000 Fax: 503-624-0752 Fax: 503-651-4004 Email Address: mikem @tigard-or.gov Email Address: bshunn@s2contractorsinc.corn and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 29. Hazardous Materials Contractor shall supply City with a list of any and all hazardous substances used in performance of this Agreement. That list shall identify the location of storage and use of all such hazardous substances and identify the amounts stored and used at each location. Contractor shall provide City with material safety data sheets for all hazardous substances brought onto City property, created on City property or delivered to City pursuant to this Agreement. For the purpose of this section, "hazardous substance" means hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete any such survey that it may be required to complete because of substances used in the performance of this Agreement. 30. Hazardous Waste If, as a result of performance of this Agreement, Contractor generates any hazardous wastes, Contractor shall be responsible for disposal of any such hazardous wastes in compliance with all applicable federal and state requirements. Contractors shall provide City with documentation, including all required manifests, demonstrating proper transportation and disposal of any such hazardous wastes. Contractor shall defend, indemnify, and hold harmless City for any disposal or storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of hazardous materials. 31. 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. 32. Governing Law and Venue The provisions of this Contract shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Contract must be brought in the appropriate court of the State of Oregon. 33. 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. 34. Complete Agreement This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor,by the signature of its authorized representative,hereby acknowledges that he has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. Award of this contract was granted by Tigard's Local Contract Review Board at their July 28,2011 business meeting. CITY OF TIGARD S-2 CONT• Signature/ Signature Printed 0,ame&Title U Printed Name &Title 7 A a ff/// 7- Z-/7 Date Date ATTACHMENT J SPECIAL PROVISIONS FY 2011-12 PAVEMENT MANAGEMENT PROGRAM Asphaltic Concrete Overlay CITY OF TIGARD,OREGON The Special Provisions contained herein have been prepared by or under the direction of the following Registered Engineer. Michael D.McCarthy,P.E. 671 1i PR°P r55 •8PE •*EGON 21 1 e*1 DAVID I RS) / / 12 WORK TO BE DONE The Work to be done under this Contract consists of constructing an asphaltic concrete overlay and associated preparation and finish work on the streets shown on plans entitled: CITY OF TIGARD OREGON FY 2011-12 PAVEMENT MANAGEMENT PROGRAM Asphaltic Concrete Overlay 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. 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 FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 48 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, "Cooperation with Other Contractors," of the Standard Specifications. Certain work within this contract requires coordination with the work of other agencies or contractors. The Contractor shall cooperate fully with other agencies/ contractors and carefully fit his own work to such other work as may be directed by the Engineer. The Contractor shall not commit or permit any act to be committed which will interfere with the performance of work by any other agency/contractor. 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 included for the Contractor's convenience: Utility Agency Contact Phone Utility Notification Center 503-246-6699 or 800-332-2344 Water City of Tigard Sam Morrison 503-718-2600 24-hour(Break/leak) 503-639-1554 Power PGE Milo Starr (New work) 503-570-4414 Damage&Repair 503-736-5710 Cable Comcast Small Job Ivan Chandler 503-596-3754 Major Job Brian Every 503-596-3773 Damage&Repair 503-617-1212 Telephone Frontier Andrew Mulick 503-526-3544 Gas NW Natural Bob Keller 503-816-0299 Damage&Repair 503-226-4211 SECTION 00165 QUALITY OF MATERIALS Comply with Section 00165 of the Standard Specifications, modified as follows: FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 49 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(a) - Responsibility for Damage in General - The Contractor shall perform Work, and furnish Materials and Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has been completed and accepted by the City. The Contractor shall provide adequate protection for property, trees, landscaping, and other items adjacent to the work area. Existing trees,property, shrubs,plants, or other items that are not to be removed but are injured or damaged by reason of the Contractor's operations shall be replaced in kind at the Contractor's expense. Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as otherwise provided in this Section. SECTION 00180 - PROSECUTION AND PROGRESS Comply with Section 00180 of the Standard Specifications modified as follows: Contract Completion Time 00180.50(h) Noise Control 00290.32 00180.41 Project Work Schedules - add the following The contractor shall provide a work schedule acceptable to the engineer a minimum of seven (7) days in advance of any lane closures indicating the date work is planned for each section of each street. 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. Add the following subsection: 00180.50(h) Contract Time — No work on this project is allowed to commence before July 1St, 2011. Work to be done under the Contract must be substantially complete before September 1st, 2011. All punch list items and clean up must be complete by September 15th, 2011. FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 50 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. The City may delete streets from this project and/or reduce the length of work along streets, up to 25% of the total project value. SECTION 00210 - MOBILIZATION Comply with Section 00210 of the Standard Specifications. SECTION 00220-ACCOMMODATIONS FOR 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 following Do not stop or hold vehicles for more than five (5) minutes. Replace the bulleted item that begins Do not block driveways'with the following: Do 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 The contractor must obtain city approval of a traffic control and signage plan for each street on which traffic will be disrupted at least seven (7) clays before work on that street begins. The amount of time that a roadway is left un-striped or with temporary striping must be minimized. Permanent striping must be replaced on the roadway as soon as feasible;a maximum of ten (10) calendar days after construction activity removes or covers roadway striping. The amount of time that a roadway is left with a rough surface from pavement grinding must be minimized. Pavement overlays must be constructed as soon as feasible; a maximum of ten (10) calendar days after FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 51 pavement grinding; except streets intersecting with state highways,which shall be overlaid within twenty-four (24) hours. Do not place work zone signs or supports that will block existing walkways or existing bikeways. The engineer and/or inspector may order immediate stoppage of work and restoration of normal traffic patterns at any time if in their judgment, such action is necessary to reduce excessive delays and/or protect public safety. 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, on each street on which the contractor will be working, to notify residents and street users of the specific schedule for work on that street. Signs shall be placed a minimum of seven (7) days before any work affecting use of the street. Notify emergency services and organizations listed below ten (10) calendar days in advance of street closures. The following information is provided for the contractor's convenience: Washington County Sheriff's Department (Non-Emergency) 503-629-0111 City of Tigard Police Depattinent (Non-Emergency) 503-629-0111 Tualatin Valley Fire&Rescue Gerry Renfro) 503-612-7000 United States Post Office (Non-Emergency Services) 503-968-0753 or 503-968-2991 United States Post Office (Emergency Services) 866-261-6412 Tigard-Tualatin School District (Judy Friesz) 503-431-4014 First Student 503-431-2345 Tri-Met—Road Operations 503-962-8117 Pride Disposal (Lottie Schmidt) 503-625-6177 (Ext 129) Waste Management 503-249-8078 Cost for all work 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 following paragraph: Typical allowable work hours for this project will be from 7:30am to 7:00pm,with exceptions including the following: Lane closures (such as flagging two-way traffic through one available lane) shall not be implemented before 8:00am. Work involving lane closures on Dartmouth St, 68th Ave,Atlanta St, and Haines St is to be done at night. Lane closures on these streets will only be permitted between 8:00pm and 6:OOam. FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 52 Work, except final paving,involving lane closures on Commercial Street northwest of station 8+00 is to be done at night,with lane closures only permitted between 8:OOpm and 6:00am on this section of Commercial Street except for final paving. Commercial Street may be closed to through traffic for two nights during construction,but must be reopened for traffic from 6am to 8pm. Local access must be maintained. Appropriate notice and detour signage must be provided pursuant to other sections and standards. The contractor must obtain approval from the Oregon Department of Transportation to occupy any portion of the right-of-way of State Highways—such as Pacific Hwy 99W,Hall Blvd, and ramps to or from A Interstate 5. The Contractor may close North Dakota St,98th Ave, Kable St, Hoodview St, and 79th Ave to through traffic for two days (7:30am to 7:00pm) each during construction. Local access must be maintained,and streets must be fully reopened at the end of each day.Appropriate notice and detour signage must be provided pursuant to other sections and standards. The contractor must obtain city approval of a traffic control, signage, and detour plan for each street to be closed at least 7 days before the closure begins. 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: 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 follows: 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 am to 7:00 pm. SECTION 00350 GEOSYNTHETIC INSTALLATION Comply with Section 00350 of the Standard Specifications modified as follows: 00350.00 Scope—Add the following: FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 53 Furnish and place reinforced geotextile prior to installing the pavement overlay as shown on the plans and/or as marked by the Engineer. Reinforced geotextile shall be GlasGrid 8502, as manufactured by Tensar International or approved equal. 00350.41 Geotextile Installation Requirements—Add the following: Prepare the pavement surface on which asphalt overlay is to be applied, prior to placing the reinforced geotextile, with a pre-level course as specified in section 00745. Replace pre-leveling material lost by traffic before placing fabric. Placement of the geotextile shall be per manufacturer's specifications and shall include pneumatic rolling. Do not use steel drum rollers on the reinforced geotextile. The contractor shall set reference offsets and protect the markings to assure the installation is placed in the locations marked by the Engineer. The contractor shall not allow traffic to drive on exposed geotextile. 00350.90 Payment—Add the following: The contract price paid per square yard for reinforced geotextile shall include full compensation for furnishing all labor,materials, tools, equipment and incidentals and for doing all work involved in placement of the geotextile, complete in place, as specified in these special provisions and as directed by the Engineer. The calculated quantities to be paid for installation of geotextile shall only include the areas marked by the engineer for installation of geotextile. If the contractor installs a larger area of geotextile, the contractor does so at his own expense. SECTION 00480 DRAINAGE CURBS Comply with Section 00480 of the Standard Specifications modified as follows: 00480.11 Asphalt Concrete: Use`D'mix for drainage curbs. SECTION 00490 WORK ON EXISTING SEWERS AND STRUCTURES Comply with Section 00490 of the Standard Specifications modified as follows: 00490.47 Adjusting Catch Basins and Inlets—Add the following: An optional method of raising grates as shown on sheet C2 may be used in lieu of raising the existing frame and grate. Weld the new fabricated frame of equal or greater bar thickness and equal or better material quality to the existing frame with continuous welds. The modified grate and frame must fully maintain the strength of the existing lid and frame, and must preserve the full functionality of all aspects of the lid, frame, and drainage structure. Use a Certified Welder. Remove debris that falls into structure. 00490.48 Adjusting Boxes Cleanouts and Similar Structures -Add the following: 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. FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 54 00490.49 Finish Grade-Add the following: Water access lids shall only be adjusted by raising the top section of the existing 910 can. 00490.90 Payment:Add the following Item (a) Minor Adjustment of Manholes includes breaking manhole castings loose and adjusting 2"+/- to finish grade to fit the new slope of pavement. Item (d) Adjusting Boxes shall include raising water valve, gas valve, monument and cleanout access lids 2"+/-to finish grade. Item (e)Adjusting Catch Basins consists of raising the frame&grate 3"+/-to 1/2"below finish grade. SECTION 00730 EMULSIFIED ASPHALT TACK COAT Comply with Section 00730 of the Standard Specifications modified as follows: 00730.42 Preparation of Underlying Surfaces:Add the following: Sweep edges of existing pavement to expose and clean the entire surface prior to applying tack. 00730.44 Applying Tack Coat:Add the following: Apply tack to edges of curb,inlets, and joints of adjacent pavement. Seal all joints along the existing pavement and across driveways with"feathered edge"with hot crackseal 6"wide with rubberized asphalt material as specified in section 00746. No separate payment will be made for tack coat or joint seal. SECTION 00745 HOT MIXED ASPHALT CONCRETE (HMAC) Comply with Section 00745 of the Standard Specifications modified as follows: 00745.01 Scope—Add the following: Pre-Leveling: A 3/4" to 1" leveling course of level 3 HMAC, 1/2" dense grade, shall be laid upon the existing roadbed prior to placement of reinforced geotextile fabric where indicated on the plans and/or as marked by the Engineer. Taper the pre-level course to 0 inches in one foot along the outside edges of the area of reinforced geotextile fabric. Place pre-level by hand on areas of fabric smaller than machine width placement. Replace pre-leveling material lost by traffic before placing fabric. Pre-leveling will be measured and paid for on a per ton basis and shall be full compensation for all labor, materials, tool equipment,and all incidental work performed,including applying tack coat as specified. The calculated quantities to be paid for construction of pre-level course shall only include the areas marked by the engineer for installation of the pre-level course. If the contractor paves a larger area of pre-level course, the contractor does so at his own expense. 00745.02 Definitions—Add the following: FY 2011-12 PIMP Pavement Overlay Bid Date: June 9,2011 Page 55 Warm Mix Asphalt Concrete (WMAC) -An asphalt concrete mix following all the requirements of HMAC 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 HMAC except in subsections 00745.13(b) and 00745.49(a-1). WMAC may be used at the Contractors discretion as a no cost change option,if approved by the engineer. Comply with the current specifications for WMAC. 00745.03 Reclaimed Asphalt Pavement (RAP)Material-Comply with the current specification. 00745.10 Aggregate - In the paragraph that begins "Provide and stockpile...", remove the words "and RAP aggregates". 00745.10(b-3) Grading-Replace the tolerance list with the following tolerance list: Separated Sizes 11/4" -3/4" 3/4" -No.4 3/4" - 1/2" 1/2" -No. 4 Percent Passing (by Weight) Sieve Size T T T T 1 1/2" _ 1 1 1/4" 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* — — _ No200 +1.0 +1.0 +1.0 *Report percent passing sieve when no tolerance is listed FY 2011-12 PNIP Pavement Overlay Bid Date: June 9,2011 Page 56 00745.10(c-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 3/8" — 1 — 1 No.4 +7 +10 —1 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 fine aggregate produced in two separate sizes at a 1:1 ratio when testing for sand equivalent 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 JMF: •Anti-stripping asphalt cement additives to prevent stripping or separation of asphalt coatings from aggregates to satisfy the TSR specified in 00745.13. •Asphalt cement admixtures used to aid in the mixing. 00745.11(d)Aggregate Treatment-Latex Polymer-A latex polymer aggregate treatment material may be used to treat new crushed aggregates instead of lime if Tensile Strength Ratio test results on the mixture with the latex polymer treatment at the JMF meet the minimum criteria in 00745.13(b). (1) General: a. Provide a system to automatically meter the latex emulsion at the proper rate and apply the emulsion unifon ly 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. (3) Material-Use latex polymer emulsion concentrate meeting the following: FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 57 Minimum Maximum Test Method Solids Percent 65.0—ASTM D 1417 pH 9.0 11.0 ASTM D 1417 Brookfield Viscosity 500 3000 ASTM D 1417 Spindle 3,20 RPM,cPs Provide 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 (0.025%) 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 minimum rate specified above or at a higher rate if TSR testing indicates a higher rate is required. b.Apply the latex 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 after treatment and prior to addition of asphalt cement 00745.14 Tolerances and Limits - Replace the tolerance list with the following tolerance list: Gradatio Dense-Graded HMAC Type Open-Graded HMAC TYPE Constitueni 1" 3/4" 1/2" 3/8" 3/4" 1/2" ATPB 1 1/2" JMF ± 5%* " 90 - 100% JMF ±5%* 99- 100% 99- 100% 1 JMF± 5% 90 100% JMF 5%* 85 - 96% 99 — 100 85 - 95% 3/4" 55 - 71% 90 - 98% 35 - 68% 1/2" JMF ± 5%JMF ± 5% 90-100% JMF ± 5%* 3/8"** 90—100% JMF ± 5% JMF ± 5%JMF ± 5% No. 4 JMF± 5% JMF ± 5% JMF ± 5% JMF ± 5% No. 8 JMF± 4% JMF± 4% JMF ± 4% JMF ± 4% JMF± 4% JMF± 4%JMF± 4% No.16** - - - - - - No. 30 JMF± 4%JMF± 4% JMF± 4% JMF ± 4% JMF± 4% JMF± 4% No. 50** - - - - - - - No.100** - - - No. 200 JMF ± 2.0%JMF ± 2.0%JMF ± 2.0%JMF ± 2.0% JMF± 2.0%JMF ± 2.0%JMF±2.0% *Maximum 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 FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 58 The contractor shall provide a quality control technician to monitor compaction to assure compliance with Section 00745.A plant inspector from an independent testing firm may be 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 mix for this project. The cost of such inspection shall be incidental to the payment for HMAC. 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 HMAC mixing plant according to ODOT TM 322 prior to beginning production. 00745.16('...-1) MDV Quality Control - Comply with the current Special Provision. 00745.24(a) Steel-Wheeled Rollers - Replace this subsection with the following subsection: (a) Steel-Wheeled Rollers - Provide steel-wheeled rollers with a minimum gross static weight as follows: Level 1 and Level 2 Level 3 Level 4 Breakdown and Intermediate 8 ton 10 ton 12 ton Finish 6 ton 8 ton 10 ton 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(b-1) General- Comply with the current specification. 00745.49(b-3) Moving Average Maximum Density (MAMD) Method - Replace the MANED list with the following list Course of Construction HMAC First HMAC lift less than 3 inches placed on aggregate base 91.0 All other 92.0 00745.49(b-4) Control Strip Method-Delete this subsection. 00745.49(b-5)Test Results-Renumber this subsection to b-4. 00745.80 Measurement-The quantities of HMAC will include the asphalt. 00745.90 Payment-Add the following paragraph to the end of this subsection: No separate or additional payment will be made for asphalt cement used in the mixture. FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 59 00745.93 Other Items:Add the following items: • Tack coat • Joint sealing 00745.95 HMAC Price Adjustments—Delete this section. SECTION 00748—ASPHALT CONCRETE PAVEMENT REPAIR Comply with Section 00748 of the Standard Specifications modified as follows: 00748.20 Equipment—Add the following: Milling machines may be used for excavating repairs. 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 following paragraph and bullets: Provide equipment that can: • Place two parallel lines simultaneously with 4 inch minimum to 12 inch maximum spacing between the two lines. • Place the entire width of a line in one pass. 00850.43 Prepare and Prime Pavement-Add the following: Install pavement markings within ten calendar days of paving operations. 00850.46 Placement Tolerance-Replace the bullet that begins "Thickness of lines...with the following bullet • Thickness of flat, surface applied lines: + 1/3 of the specified thickness, - 1/10 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,except for paint applications: 00850.70 Disposal of Waste-Replace this subsection with the following subsection: 00850.70 Disposal of Materials - Dispose of all materials according to 00290.20. FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 60 SECTION 00851-PAVEMENT MARKING REMOVAL Comply with Section 00851 of the Standard Specifications modified as follows: 00851.80 Measurement—Replace this section to read—No measurement for pavement marking removal will be made. Payment will be incidental and included in other items. SECTION 00855-PAVEMENT MARKERS Comply with Section 00855 of the 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 pavement toward the fire hydrant. 00855.90 Payment-Add the following: Pavement Marker(Blue Fire Hydrant Locate) SECTION 00865 -LONGITUDINAL PAVEMENT MARKINGS - DURABLE Comply with Section 00865 of the Standard Specifications modified as follows: 00865.45 Installation - Replace the bullet that begins "Method B: Non-Profiled Markings..." with the following: • Method B: Non-Profiled Markings - Apply with extrusion or ribbon type process. Sprayer applications will not be allowed. Thickness of lines shall be 120 mils. SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND BARS Comply with Section 00867 of the Standard Specifications modified as follows: 00867.45 Installation - Replace the bullet that begins "Type B: Preformed..." with the following two bullets: • Type B: Preformed, Fused Thermoplastic Film - Install preformed, fused thermoplastic film as shown. • Type B-HS: Preformed Fused Thermoplastic Film High Skid - Install preformed fused thermoplastic 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. FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 61 The accepted quantities of work performed under this Section will be paid for at the Contract unit price,per unit of measurement,as listed in the Bid Schedule. Payment will be payment in full for furnishing and placing all materials,and for furnishing all equipment,labor, and incidentals necessary to complete the work as specified. SECTION 00990-TRAFFIC SIGNALS Comply with Section 00990 of the Standard Specifications modified as follows: 00990.00 Scope-Replace this subsection with the following. In addition to the requirements of Section 00960 and Section 02920,install loop detectors according to the current Special Provision and as follows: 00990.43(b-5) Resistance Testing-Add the following paragraph to the end of this subsection: Furnish a report identifying the resistance for each loop: • Before splicing and sealing • Before splicing after sealing •After splicing and sealing SECTION 02920 - COMMON ELECTRICAL MATERIALS Comply with Section 02920 of the Standard Specifications modified as follows: 02920.22 Cable -Add the following sentence to the end of the "Loop Feeder Cable" bullet: When shown, construct loop feeder circuits of two-conductor No. 18 AWG twisted pair shielded cable with drain wire conforming to IMSA 50-2. 02920.23 Wire -Add the following bullet to the end of the bullet list •TFFN Wire -Insulated stranded copper wire rated for 194°F operation in dry locations and be UL listed as TFFN. FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 62 ATTACHMENT A r q PROPOSAL TIGARD: FY 2011-12 PAVEMENT MANAGEMENT PROGRAM •; '.z, e' Asphaltic Concrete Overlay 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: FY 2011-12 Pavement Mana.ement Pro,ram-As.haltic Concrete Overla Bid Due Date: June 9,2011 Name of Submitting Firm: S o2 C04-1711z7 The Undersigned (check one of the following and provide additional information): An individual doing business under an assumed name registered under the laws of the State of ; or A partnership registered under the laws of the State of A corporation organized under the laws of the State of D. 2427 ; or A limited liability corporation organized under the laws of the State of ; or 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: Six jt«oP/ _et,My-Se vie^4LetuA-rcii Qtct tact oJ And i O v1,. /100 Dollars ($10 �7,B�t3—'—), and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined in the Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the Contract Documents, and forms. Submission of this bid shall be conclusive evidence that the Undersigned has investigated and is satisfied as to the condition to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the Contract Documents. Accompanying herewith is a Bid Security which is equal to ten percent (10%) of the total amount of the Basic Bid. FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 20 The Undersigned agrees,if awarded the Contract, to execute and deliver to the City of Tigard,within ten (10) days after receiving the Contract forms, a satisfactory Performance Bond and a satisfactory Payment Bond each in an amount equal to one hundred percent (100%) of the Contract sum, using the forms provided by the City. The sure (ies) requested to issue the Performance Bond and Payment Bond will be 11,C)cr 3: 7 d The Undersigned hereby authorizes surety(ies) company(ies) to disclose any information to the City concerning the Undersigned's ability to sups ly a Performance Bond and Payment Bond each in the amount of the Contract. P y The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City; that the amount thereof is the measure of liquidated damages which the City will sustain by the failure of the Undersigned to execute and deliver the above-named Agreement Form, Performance Bond, and Payment Bond, and that if the Undersigned defaults in either executing the Agreement Form or providing the Performance Bond and Payment Bond within ten (10) days after receiving the Contract forms, then the Bid Security may become the property of the City at the City's option; but if the Bid is not accepted within sixty (60) days of the time set for the opening of the Bids, or if the Undersigned executes and timely delivers said Agreement Form,Performance Bond, and Payment Bond, the Bid Security shall be returned. The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted without collusion with and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit independent bidding or competition; and (2) The contents of the Bid have not been communicated by the Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety on any bond furnished with the Bid and will not be communicated to such person prior to the official opening of the Bid. The Undersigned Z7 HAS n HAS NOT (check applicable status) paid unemployment or income taxes in Oregon within the past 12 months and NOT/(check El HAS NOT (check applicable status) a business address in Oregon. The Undersigned /zHAS 11 HAS NOT (check applicable status) complied with any Affirmative Action Requirements included within the procurement documents. The Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 279C.800 through 279C.870 pertaining to the payment of the prevailing rates of wage. The Undersigned's CCB registration number is 7 3 r ZS with an expiration date of Z e.'/3 . As a condition to submitting a bid, a Contractor must be registered with the Oregon Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration number. Failure to register and disclose the number will make the bid unresponsive and it will be rejected unless contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to the City prior to the beginning of any of the work that the Undersigned has filed a public works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board as required under Oregon PWR law. The successful Bidder hereby certifies that all subcontractors who will perform construction work as described in ORS 701.005(2) were registered with the Construction Contractors Board in FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 22 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 1/C(rot/Ea.r Policy No.C 5 V tvc. 1 C of v4 ,and that Undersigned shall submit Certificates of Insurance as required. Name of Company: 5—02 CO nz,c //7( Company Address: (r,PG t. Federal Tax ID: 93-/p 2.-s-712 c� ' s , rt`tivt9 #.' Telephone: _5:03 — east-- €7/0 Fax: 5`0 3 44)6 I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that the firm meets the qualifications necessary to perform this Work as outlined in the Invitation to E': I understand that I will be required to provide necessary information to verity that the fir qualifications if selected for the subsequent Agreement. ese Authorized Signature: Printed Name &Title: .3.44//z/h/ Date: 6/9 // Payment information will be reported to the IRS under the name and federal taxpayer ID number provided above. Information not matching IRS records or not provided to the City could subject the successful Contractor to a twenty eight percent (28%) backup withholding. ATTACHMENT B ACKNOWLEDGMENT OF ADDENDA FY 2011-12 PAVEMENT MANAGEMENT PROGRAM Asphaltic Concrete Overlay CITY OF TIGARD,OREGON I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: If none received,write `None Received" 1. / (o/ /// 3. 2. 4. 4/97// Date ,411.9011100.1" iVr Sigma e of Proposer E /,De`r Title 3-2 COnkrad-ors 1 rt c_ Corporate Name FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 24 ATTACHMENT C BID CERTIFICATIONS FY 2011-12 PAVEMENT MANAGEMENT PROGRAM Asphaltic Concrete Overlay CITY OF TIGARD,OREGON Non-discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color,religion, sex, national origin, handicap or age with regard to, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order or contract from the City, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: 5/ /.1,1 ( S-2 r5 (nG) Firm Name: 5 --4.2 CGfr'tfYbxCfpr-S (nom Address: Colo 0 5 r�rtc�Pr^�'Q.-Z ,e dy- D2. � 7 Officer's signatu 10■/014 NMI f Type or print officer's name: •) t /%/r1..)i 5fia/ rf,/ FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 25 ATTACHMENT D FIRST TIER SUBCONTRACTOR DISCLOSURE FORM PROJECT NAME: FY 2011-12 PAVEMENT MANAGEMENT PROGRAM Asphaltic Concrete Overlay BID #: CIP 2011-95001 BID CLOSING: Date: June 9,2011 Time: 2:00 PM This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and within two working hours after the advertised bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed, (ATTACH ADDITIONAL SHEETS IF NEEDED). NAME DOLLAR VALUE CATEGORY OF WORK G.�. C.o✓�-trc.-e.�r 1) �Z TILE Pec,(At-teed Pelee- 2) M�-2.to $ S 3, 3 4/o s Te a,,vC� 3) 4) 5) Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. Form submitted by (bidder name): _5- 2 vf—c_, i, 7n c1 Contact name: Shv�i-7 Phone FY 2011-12 PMP Pavement Overlay Bid Date: June 9,2011 Page 26 CITY OF TIGARD Addendum #1 - Bid Schedule For: FY 2011-12 PAVEMENT MANAGEMENT PROGRAM Asphaltic Concrete Overlay Instructions: Complete yellow-highlighted cells with company name in cell B10, and unit prices in Column E for each item in the bid schedule. Then print this sheet, fill in total bid amount in words, fill in company name and sign at the bottom, and submit with your bid. Do not alter any other cells. S-2 CONTRACTORS INC Bidder Name Item No Description Quantity Unit Unit Price Item Total Schedule A BASE BID PACKAGE - NORTH DAKOTA, 98TH, COMMERCIAL, KABLE, HOODVIEW, 66TH, 1 Asphaltic Concrete Overlay Project Sign 9 EA $100.00 $900.00 2 Asphaltic Concrete 2" Grind And Inlay 3101 SY $10.00 $31,010.00 3 Asphaltic Concrete 4" Grind And Inlay 456 SY $13.00 $5,928.00 4 Adjust Sanitary/Stoup Manhole 29 EA $100.00 $2,900.00 6 Adjust Sanitary/Stoiin Manhole, Minor 2 EA $120.00 $240.00 7 Adjust Telephone Manhole 1 EA $100.00 $100.00 8 Adjust Utility Valve Box 28 EA $50.00 $1,400.00 9 Adjust Traffic Control Junction Box 1 EA $300.00 $300.00 10 Adjust Catch Basin/Area Drain 14 EA $100.00 $1,400.00 11 Cold Plane Pavement Removal 3004 SY $11.50 $34,546.00 12 Standard Depth Digout&Repair (6") 264 SY $37.00 $9,768.00 13 Full Depth Digout&Repair (18") 265 SY $42.00 $11,130.00 14 Pavement Geotextile, Reinforced 4922 SY $3.50 $17,227.00 15 Asphaltic Concrete-Prelevel 272 TONS $80.00 $21,760.00 16 Asphaltic Concrete Overlay 3167 TONS $70.00 $221,690.00 17 Adjust Survey Monument Box 2 EA $500.00 $1,000.00 21 Construct AC Curb 215 LF $5.00 $1,075.00 22 Construct Speed Cushion 1 EA $1,500.00 $1,500.00 23 3/4"-0" Shoulder Rock 55 TONS $25.00 $1,375.00 24 Pavement Stripe, Durable,Type 1 234 LF $1.50 $351.00 25 Pavement Stripe, Durable,Type 3 3034 LF $2.35 $7,129.90 26 Pavement Stripe, Durable, Type 5 645 LF $1.60 $1,032.00 27 Pavement Stripe, Durable,Type 7 810 LF $2.15 $1,741.50 28 Pavement Stripe, Durable,Type 9 2081 LF $2.15 $4,474.15 29 Pavement Stripe, Durable,Type 10 1238 LF $1.10 $1,361.80 30 Pavement Marking-Stop Bar (S) (1' Wide) 238 LF $9.00 $2,142.00 31 Pavement Marking-Standard Crosswalk (CW) 85 LF $9.00 $765.00 32 Pavement Marking-Staggered Crosswalk (CW-SC) 360 SF $9.00 $3,240.00 33 Pavement Marking-Arrow-Type (E-LA/E-RA/E-SA) 25 EA $210.00 $5,250.00 34 Pavement Marking-Arrow-Type (E-LSA/E-RSA) 9 EA $335.00 $3,015.00 Bidder Name Item No Description Quantity Unit Unit Price Item Total 36 Pavement Marker (Bi-Directional Yellow) 92 EA $3.75 $345.00 37 Pavement Marker (Bi-Directional White) 194 EA $3.75 $727.50 38 Pavement Marker (Blue-Fire Hydrant Locate) 11 EA $3.75 $41.25 39 Pavement Marker-Bike Lane Symbol (BS) 6 EA $335.00 $2,010.00 40 Pavement Marker-BUMP 2 EA $600.00 $1,200.00 41 Reflective Delineator Panels 12 EA $500.00 $6,000.00 BASE BID PACKAGE(Schedule A) TOTAL $406,075.10 Schedule B 79TH AVENUE 42 Asphaltic Concrete Overlay Project Sign 2 EA $100.00 $200.00 43 Adjust Sanitary/Storm Manhole 4 EA $100.00 $400.00 44 Adjust Utility Valve Box 4 EA $50.00 $200.00 45 Adjust Catch Basin/Area Drain 3 EA $100.00 $300.00 46 Cold Plane Pavement Removal 130 SY $10.00 $1,300.00 47 Pavement Geotextile,Reinforced 1500 SY $11.50 $17,250.00 48 Asphaltic Concrete-Prelevel 83 TONS $80.00 $6,640.00 49 Asphaltic Concrete Overlay 450 TONS $70.00 $31,500.00 50 Install Survey Monument Box 1 EA $1,000.00 $1,000.00 51 3/4"-0" Shoulder Rock 34 TONS $25.00 $850.00 52 Pavement Marker (Blue-Fire Hydrant Locate) 2 EA $3.75 $7.50 79TH AVE(SCHEDULE B) TOTAL $59,64Z50 SCHEDULES A + B TOTAL $465,722.60 Li Schedule C PARK STREET 53 Asphaltic Concrete Overlay Project Sign 1 EA $100.00 $100.00 54 Asphaltic Concrete 2" Grind And Inlay 215 SY $10.00 $2,150.00 55 Adjust Sanitary/Storm Manhole 3 EA $100.00 $300.00 56 Adjust Sanitary/Storm Cleanout 1 EA $75.00 $75.00 57 Adjust Utility Valve Box 4 EA $50.00 $200.00 58 Adjust Catch Basin/Area Drain 4 EA $100.00 $400.00 59 Cold Plane Pavement Removal 650 SY $5.00 $3,250.00 60 Pavement Geotextile, Reinforced 288 SY $11.50 $3,312.00 61 Asphaltic Concrete-Prelevel 16 TONS $80.00 $1,280.00 62 Asphaltic Concrete Overlay 364 TONS $70.00 $25,480.00 63 Install Traffic Loop Detector 6 EA $650.00 $3,900.00 64 Pavement Stripe,Durable,Type 3 290 LF $2.35 $681.50 65 Pavement Stripe, Durable,Type 7 100 LF $2.15 $215.00 66 Pavement Stripe, Durable,Type 9 685 LF $2.15 $1,472.75 67 Pavement Stripe, Durable,Type 10 65 LF $1.10 $71.50 68 Pavement Marking-Stop Bar (S) (1'Wide) 26 LF $9.00 $234.00 69 Pavement Marking-Standard Crosswalk(CW) 160 LF $9.00 $1,440.00 Bidder Name Item No Description Quantity Unit Unit Price Item Total 70 Pavement Marking-Staggered Crosswalk(CW-SC) 108 SF $9.00 $972.00 71 Pavement Marking-Arrow-Type(E-LA/E-RA/E-SA) 4 EA $210.00 $840.00 72 Pavement Marker (Bi-Directional Yellow) 7 EA $3.75 $26.25 73 Pavement Marker (Bi-Directional White) 28 EA $3.75 $105.00 74 Pavement Marker (Blue-Fire Hydrant Locate) 2 EA $3.75 $7.50 75 Pavement Marker-Bike Lane Symbol (BS) 1 EA $335.00 $335.00 PARK STREET(SCHEDULE C) TOTAL $46,847.50 SCHEDULES A + B + C TOTAL $512,570.10 if Schedule D 74TH AVENUE 76 Asphaltic Concrete Overlay Project Sign 1 EA $100.00 $100.00 77 Adjust Sanitary/Storm Manhole 4 EA $100.00 $400.00 78 Adjust Telephone Manhole 2 EA $100.00 $200.00 79 Adjust Utility Valve Box 7 EA $50.00 $350.00 80 Adjust Catch Basin/Area Drain 3 EA $100.00 $300.00 81 Cold Plane Pavement Removal 140 SY $10.00 $1,400.00 82 Standard Depth Digout&Repair (6") 20 SY $37.00 $740.00 83 Pavement Geotextile,Reinforced 2195 SY $11.50 $25,242.50 84 Asphaltic Concrete-Prelevel 121 TONS $80.00 $9,680.00 85 Asphaltic Concrete Overlay 600 TONS $70.00 $42,000.00 86 3/4"-0" Shoulder Rock 31 TONS $25.00 $775.00 87 Pavement Stripe, Durable,Type 3 90 LF $2.35 $211.50 88 Pavement Stripe,Durable,Type 7 40 LF $2.15 $86.00 89 Pavement Marker (Bi-Directional Yellow) 3 EA $3.75 $11.25 90 Pavement Marker (Bi-Directional White) 3 EA $3.75 $11.25 91 Pavement Marker (Blue-Fire Hydrant Locate) 4 EA $3.75 $15.00 74TH AVENUE(SCHEDULED) TOTAL $81,52250 / SCHEDULES A + B + C + D TOTAL $594,092.60 Schedule E 97TH AVENUE 92 Asphaltic Concrete Overlay Project Sign 1 EA $100.00 $100.00 93 Adjust Sanitary/Storm Manhole 14 EA $100.00 $1,400.00 94 Adjust Utility Valve Box 3 EA $50.00 $150.00 95 Adjust Catch Basin/Area Drain 8 EA $100.00 $800.00 96 Cold Plane Pavement Removal 755 SY $5.00 $3,775.00 97 Pavement Geotextile,Reinforced 90 SY $11.50 $1,035.00 98 Asphaltic Concrete-Prelevel 5 TONS $80.00 $400.00 99 Asphaltic Concrete Overlay 889 TONS $70.00 $62,230.00 100 Adjust Survey Monument Box 1 EA $500.00 $500.00 101 Replace Survey Monument Box 2 EA $1,000.00 $2,000.00 102 Pavement Stripe,Durable,Type 3 1789 LF $2.35 $4,204.15 Bidder Name Item No Description Quantity Unit Unit Price Item Total 103 Pavement Stripe, Durable, Type 7 110 LF $2.15 $236.50 104 Pavement Stripe, Durable,Type 9 3148 LF $2.15 $6,768.20 105 Pavement Stripe, Durable, Type 10 710 LF $1.10 $781.00 106 Pavement Marking-Staggered Crosswalk (COX'-SC) 370 SF $9.00 $3,330.00 107 Pavement Marker School Crossing(SCH &XNG) 3 EA $1,020.00 $3,060.00 108 Pavement Marker (Bi-Directional Yellow) 45 EA $3.75 $168.75 109 Pavement Marker (Bi-Directional White) 133 EA $3.75 $498.75 110 Pavement Marker (Blue-Fire Hydrant Locate) 5 EA $3.75 $18.75 111 Pavement Marker-Bike Lane Symbol (BS) 7 EA $335.00 $2,345.00 / 97TH AVENUE(SCHEDULE E) TOTAL $93,801.10 '' SCHEDULESA +B + C+D +E TOTAL $687,893.70 /X /1 itJ,.fi fib-5R•*-i! W i er - ��.. 4.7",..-47 T?ar�.t ca-...✓.St✓.....�eij c e...-/r /Schedules A + B + C /+ D + E Bid Total in Words 6—z- C014 _ • — _./1 Company Na - andi uthorized Signature ATTACHMENT E BID BOND FY 201142 PAVEMENT MANAGEMENT PROGRAM Asphaltic Coticrety Overlay CITY OF TIGARD,Olt GON We,S-2 Contractors, Inc. as"Principal, (Name of Principal) arld Western Surety Company tan South Dakota _Corporation, (Name of Surety) authorized to transact Surety business in the State of Oregon,as"Surety,"hereby jointly add severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns to pay unto the City of Tigard ("Obligee") the sum of Ten Percent of Total Amount Bid--- jioo Dollars($10%of Bid--- — and WHEREAS,the condition of the obligation of this bond is the Principal has submitted a bid or proposal to the Obligee in response to Obligee's; solicitation for the project identified as FY 201142 PAVEMENT MANAGEMENT PROGRAM – Slurry Seal, which bid or proposal is made a part of this bond by reference, and Principal is requited to furnish bid security in an amount equal to ten percent(10%)of the total amount of the bid pursuant to the solicitation document. NOW, THEREFORE, if the bid or proposal submitted by Principal is accepted, and if a contract pursuant to the proposal or bid is awarded to Principal, and if Principal enters into and executes such contract within the time specified in the said documents and delivers to Obliges its good and sufficient Performance Bond and Payment bond requited by Obligee within the time fixed by Obligee, then this obligation shall be void;otherwise,it shall remain in full force and effect. IN WITNESS 'HEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 9th day of June 2011 PR1NCIP'i .5-2 Con rac SURETY:Western Surety Company i .��� BY ATTORNEY IN-FACT Signature j '€ Gloria Bruning _ Printed, , l Attest "r° I; ��� h l/44 Signature ' 1201 SW 12th Ave.,#500 Address Portland, OR 97205 City State Zip PY 2011-12 PRP Pavement Ovcday Bid Bate:June 9,2011 Page 27 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Philip 0 Forker, Ray M Paiement, John D Klump, Gene M Dietzman, James P Dooney, Vicki Mather, Gloria Bruning, Richard W Kowalski, Tamara A Ringeisen, Brent Olson, J Patrick Dooney, Karen A Pierce,Joel Dietzman, Christopher A Reburn,Individually of Portland,OR,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 7th day of February,2011. WESTERN SURETY COMPANY =&95.0,, 0- 'W5 :Z. S A�, rY Paul .Bruflat,Senior Vice President State of South Dakota JT ss County of Minnehaha On this 7th day of February,2011,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +`'' + D. KRELL s November 30,2012 s atio NOTARY PUBLIC EAS L s SOUTH DAKOTA S +SSSShSSh55hS5SSySS555SS+ D.Krell,No ry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinaboke set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is ss ill in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11'Nn/I day of (4/l L , -l o ▪ "REryCp WESTERN SURETY COMPANY W▪ i4 10'D= 'Z- L ecretary Form F4280-09-06