DaNeal Construction Inc ~ CP15006 City of Tigard
CONTRACT CHANGE ORDER 13125 SW Hall Blvd.
�
4 Tigard,Oregon 97223
AMENDMENT #2 SUMMARY Phone- (503) 639-4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
--------:-;r 1-ct.rso
Project Title: Summerlake Park Utilities Project Manager:Jeff Peck
Contractor: Daneal Construction Original Contract#: CP15006
Effective Dates: 3/9/15 Chane Order/Amendment Amount: $0
Accounting Strin :420-8000-56005-92048-140 Amendment Percentage Running Total: 0%
AMENDMENT DETAILS
Change in termination date only. Extend contract to 8/31/15.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Orifinal Contract $57,040
Amendment#1 3,334
Amendment#2 change in termination date only 0
Contract Total $60,374
REASONING FOR CHANGE ORDER/AMENDMENT
Modifications to existing site plumbing to meet building code have increased the time necessary to complete the
project.
REQUESTING PROJECT MANAGER APPR G CITY STAFF
5
Signature Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed the project's FY budget.
Date
��
City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd.
A
Tigard,Oregon 97223
I ■ AMENDMENT #1 SUMMARY FORM Phone- (503) 639-4171
Fax- (503) 684-7297
www. rd-or. ov
Project Title: Summerlake Park Utilities Project Manager:Jeff Peck
Contractor: Daneal Construction Original Contract#: CP15006
Effective Dates: 3/9/15 —6/30/15 Chane Order/Amendment Amount: $3334.00
Accountin Strin :420-8000/56005-92048-140 Amendment Percentage Running Total: 5.9%
AMENDMENT DETAILS
• Quantity adjustment to Bid Item 22 — Irrigation modifications as requested by City. Includes pipe and
fittings as required to reroute unidentified 2"irrigation line. ($290.00)
• Provide all labor,material,and equipment to complete the following:
- Remove isolation valve and system drain valve. Reconnect mainline. ($132.00)
- Remove 3/4" backflow and install 1-1/22" backflow device and spool behind meter. Connect to new
1-1/2" mainline. ($1,132.00)
- Install 3/4" PRV to drinking fountain line. ($735.00)
- Install 1-1/2"PRV inside of building. ($1,045.00)
CIL',NGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract 57,040
Amendment#1 3,334
TOTAL 60,374
REASONING FOR CHANGE ORDER/AMENDMENT
Quantity adjustment for irrigation pipe. Modifications to existing site plumbing to meet building code.
REQUESTING PROJECT MANAGER APPROVING 9TUTAFF
Signature -- - tune
Date l5ate
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
SUMMERLAKE PARK SITE UTILITIES(CP15006)
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Daneal Construction, Inc., hereinafter referred to as Contractor, entered into on the 9"' day
of March, 2015 is hereby amended as follows:
$. COMPENSATION
A. Progress Payments:
City agrees to pay Contractor Sixty Thousand Three
Hundred Seventy Four and No/100 Dollars ($S7-,045:99 $60,374.00) for performance of those
services provided in attachment A
ATTACHMENT A
* Quantity- adjustment to Bid Item 22 — Irrigation modifications as requested by City. Includes pipe
and fittings as required to reroute unidentified 2" irrigation line. ($290.00)
• Provide all labor,material,and equipment to complete the following:
- Remove isolation valve and system drain valve. Reconnect mainline. ($132.00)
- Remove 3/4" backflow and install 1-1/22" backflow device and spool behind meter. Connect to
new 1-1/2" mainline. ($1,132.00)
- Install 3/4" PRV to drinking fountain line. ($735.00)
- Install 1-1/2" PRV inside of building. ($1,045.00)
SCHEDULE AND COST OF ADDITIONAL SERVICES
Additional A,ork as outlined in this amendment shall be completed by June 30 2015 and shall not exceed a cost of
Three Thousand Three Hundred and Thirty Four and Palo/100 Dollars($3,334.00),
IN WITNESS WHEREOF, City has caused this amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this amendment upon signature and date listed below.
CITY OF TIGARD DAWO TRUCTION,INC.
Signature Signature
Printed Name Pruned Name
Date Date
CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM
THIS FORM MUST ACCOMPANY EVERY CONTRACT o `f�`1e�
Contract Title: SUMMER LAKE PARK SITE UTILITIES Number: /v"
Contractor: Daneal Construction,-Inc._ _ Contract Total: $57,040.00
Contract Overview: Work to be completed under this contract consists of installation of utilities for a
Romtec restroom facilim General duties include utility installation (water, sewer,
storm drainage, electrical),general excavation, stormwater facility construction,
planting-and irrigation
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps:
Connection to existing sewer main for new sewer—Construction Note on the Utility
Plan states "Contractor should expect high ground water and soft soil_conditions"
Risk Comments:
Risk Signature:
Contract Manager:_Jeff Peck Ext: 2466 Department: PW- Engineering
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: 3/09/15 End Date: 6/30/15
Quotes/Bids/Proposal: FIRM T
Daneal Construction. Inc. $57,040.00
GSE Inc. $66,448.00
C.R. Woods Trucking, Inc. $106,767.90
Account String: Lund-Division-Account Work Order—Activity Tyke Ar�unr
Year 1 420-8000-56005 92048-140 57 040.00
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date: N/A
Department Comments: Public_Improvement Contract—Solicited 9 Contractors and received 3 Quotes
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Once along with a
completed Contract Checklist.
()
imCity o f Tigard
�FINANCE AND INFORMATION SERVICES
Request for Quotation (Construction)
I
SUMMERLAKE PARK SITE UTILITIES
Statements Due: March 4, 2015- 2:00 pm local time
Submit Proposals To: City of Tigard—Contracts &Purchasing Office
Attn: Joe Barrett, St. Management Analyst
13125 SW Hall Blvd.
Tigard, Oregon 97223
Direct Questions To: Joe Barrett, Sr. Management Analyst
Phone: (503) 718-2477
Email: joseph�gard-or,gov
The City of Tigard (City) is seeking quotes for the project named above and described in this Request for
Quotations, Quotations may be submitted via:
• Faxed to (503) 684-7297;
• Emailed to or
• Mailed or delivered in person to Tigard City Hall — Utility Billing Counter, Attention: Joe Barrett,
13125 SW Hall Boulevard,Tigard, Oregon 97223
GENERAL REQUIREMENTS
Submitting contractors are responsible for reviewing all instructions and contract terms and conditions
contained in this request. By submitting a quotation for this project, submitting contractor certifies that it is
able to comply with the terms and conditions of the City's contract, including insurance requirements and
other federal, state, and local laws and regulations governing services purchased though the resultant City
contract. Each submitting contractor further certifies that it has read and agrees to enter into a City contract
using the form of agreement provided as Attachment A,including exhibits and attachments.
Submitting contractors shall agree that all materials submitted for any portion of this Request for Quotation
shall become City property and will not be returned to the submitting contractor.
A. SCOPE OF WORK
1. Standards and Specifications
The work embraced herein shall be done in accordance with the following standards and
specifications.
• City of Tigard Public Improvement Design Standards Download from the Ci ,'s website
• Supplementary General Conditions Included herein as Attachment E
• Special Provisions Included herein as Exhibit F
• Oregon Standard Specifications Version 2008—Volumes 1 &2 Available from ODOT
• Current Oregon Building Codes (Building, Plumbing,Electrical, Structural)
2. Work to be Done
The work to be done under this project consists of the installation of utilities as shown on the plans
entitled "Summer Lake Park Restroom Construction". General duties in the performance of this
work will include:
• Minor Clearing and Grubbing
• Removal of Structures & Obstructions,Work Zone Traffic Control
• Erosion and Sediment Control
• General Excavation and Embankment for Facility
• Installation of Sanitary Sewer and Potable Waterlines
• Installation of Electrical Conduit and meter for Power to Facility
• Construction of LIDA stormwater facility and drainage pipe
• Planting and Irrigation
• Performance of additional and incidental work as called for by the specifications and plans.
B. QUOTATION INSTRUCTIONS AND REQUIREMENTS
1. Quotation Format
Quotations shall be typewritten or prepared in ink and submitted on the forms contained herein or
attached. The quotation must be completed in its entirety and delivered to the City at the specified
location and by the due date and time on the first page of this Request for Quotation.
2. Prevailing.Wade
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages shall be incorporated by reference as if fully set forth into
any contract arising from this solicitation. Any successful contractor shall agree that the workmen in
each trade or occupation required for the work to be done pursuant to the contract, employed in the
21l' age
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,
which shall be incorporated and in full effect during the contract.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon
Prevailing Wage Rate requirements, the successful contractor shall ensure that workers will be paid
the higher of the applicable federal or state rate. If the successful contractor fails to pay for labor or
services, the City may pay for those labor and services and withhold these amounts from payments
that are due the Contractor in accordance with ORS 2790,515
The successful contractor shall be required to provide proof as requested to the City prior to the
beginning of any of the work that the successful 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. The successful contractor shall also require in every subcontract to the
subsequent agreement that the subcontractor file a public works bond with the Construction
Contractors Board in the amount of$30,000 prior to starting work on this project unless otherwise
exempt.
In the event the contract arising from this solicitation is in the amount of $50,000 or greater, the
City shall pay a fee equal to one-tenth of one percent (.001) of the price of the contract to the
Bureau of Labor and Industries. The fee shall be paid on or before the first progress payment or
sixty (60) days from the date work first began,whichever comes first.
The Prevailing Wage Rate for this project can be found here:
ham://u,ww.oregon.g v boli WHDIPWRIPa eg slpwr oregon 2014 aspx.
3. Performance and Payment Bond
The submitting contractors understand that if awarded the contract for the work, the successful
contractor shall deliver to the City, 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.
4. Price to Include Total Cost for Providing Service
Any quotation provided in response to this Request for Quotation must be complete and include all
material, labor, and related costs necessary to complete the required work in accordance with the
specifications and contract terms and conditions.
5. Collusion
In submitting its quotation, a submitting contractor certifies that no officer, agent, or employee of
the City has a pecuniary interest in its quotation; that the quotation is made in good faith without
fraud, collusion, or connection of any kind with any other submitting contractor; and that the
quotation is competing solely on its own behalf without connection or obligation to any undisclosed
person or firm.
6. Quote Validity
Quotations shall remain valid for a period of sixty (60) days following the listed due date.
3 1 Page
C. EVALUATION AND AWARD
1. Rejection of Quotations
The City may reject any quotation not in compliance with all prescribed public bidding procedures
and requirements, and may reject for good cause any or all bids upon a finding of the City if it is in
the public interest to do so.
2. Waiver of Informalities
The City reserves the right to waive any discrepancies or minor irregularities in a valid quotation.
3. Method of Award
Award will be made to the submitting contractor whose quotation best serves the interest of the
City. In addition to price, the City reserves the right to also consider, but not be limited to,
experience, expertise, contractor responsibility, and other criteria as the work so warrants.
D. GENERAL PROVISIONS AND INFORMATION
1. Compliance with Applicable Laws
Successful contractor shall comply with all terms and conditions of the City's contract, including
insurance requirements, contained in this Request for Quotation, as well as all federal, state, and
local laws and regulations governing public contracts.
2. Non-Discrimination
Contractors responding to this solicitation agree 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.
41Page
03/02/2015 15:23 5036859136 DAVID ERICKSON
PAGE 02/05
ATTACHMENT A
QUOTE FORM(PROPOSAL)
SUMMERLAKF.'PARK SITE UTILITIES
'Phis quote must be signed im itak by an authorized representatnrc of the suhmitting contractor; any
alterations or erasures to the quare must be initi.�t.led in ink by the undersigned authorized rcpresetitative,
Project: Summe p, aat.,i
Bid Due Date: -W.c_&Mav-afar_c' 4 n�5
The Undersigned (check one of the following artd prmicle additional information):
An individual doing buunesa under an assulned I== registered under, &,e .laws of the State of
or
A partnership registered under the laws of tine State of of
.A corporation of aruzecl under the laws or the State of o o61 ;or
A limited liability corporation organized under the Laws of the State of
hereby proposes to furnish all material and labor and perform all work hereinafter indicated for die above
project in strict accordance with,the contract documents for the quotation as follows;
S 0
n Quotation. Total in Numerical,Form
00
and /10O Dollars
uo ationTotal it: Written Form
and the Undersigned agcers to be bound by all documents comptis,iang the conuact documentsas defined ut
the attached Contract. Tlae Undcrsigtned declare: that it has cv.refulh- examined die -ire0) of the work, the
contract dOCtrment9, quotation documents, and Fortis. Submisstc v of tlli,s quote shall be conclusive
midence that the Undea•sign,cd has invesiigatcc and is saris&-d as to the cotnditioa to be encountered, as to
the character.,quality and scope of,vork to be performed, the qusntities of materials to lac furnished, and as
to the requirerner_t of tie contract docutnenrs.
'fine Undersigned agrccs, if awarded the Contract, to execute and deliver to the City of Tigard, within ten
(10) days afttr receiving the Contract forms, a s.anSfartory Perfot nuance Bond and a satisfactory Paytnnent
Bond each in an amount equal to one hw=dtce lnercernt (1000/4) of the Contract earn, using the foams
provided by the City. `I'hc surety(ics) equested to Issue the Pcrfotttnance Bond and Payment Bond will be
�
PVSU Ld authorizes said
--�— ...,_.._�.�• .Clc Undersigned lneteb}•
surety(ies) compannt(nes) to ciisciose nay information to the Cin): concerning tile, U ndcr:signed=s ability to
supply a Petfo,•nnanre.Bond and payment Bond each in the amount of the Contract,
The Undersigvcci certifre that: (l) This B;d has becn Pain?eel of indepeadcntly and is being stnbinitted
without collusion with and without any lgteennent, understanding, ox platnnc;d corxnmQn course of action
with any other vendor of rrnaterials, surpLes, equipment, or sen-ices described in rhe solicitadon documents
designed to lin t. independent bidding or comperitaon., attd (2) The contents of t.c Bid have not been
comniu»+ca:tcd by the Undersigned or its eungIoyees or aget;rs t'o any persan toot ar. cinplayee or agent, of
the Undersigned or-In surety on any bond furnished with the Bid and wilt not be conn ploy
eaor a'to such
person pt�ior. to the official opening of the }aid,
o" iMage
03/02/2015 15:23 5036859136 DAVID ERICKSON
PAGE 03/f5
The Undetsign.ed % IA,S E NOT (clsrci, aflpicable vaivi) paid unemployment or income taxes in
Oregon Nvithin the past 12 months and r'--' HAS Q MAV O-- Ike-beck eaale statms) a business address in
Oregon..
".rhe Undersigned � HASt; ��5 NOT (nctek, apf�G��hlr. wtat9,.r) complied �nrh any .,�ffirmativc action
Rct)uireiricas included within die procurement docunicrats.
The Undersigned agrees, if awatcled a contract, ro comply Nvitlz •tlae provisions of ORS 2790.800 duough
279(,;.870 pertair_ing to the pavmert of the prevailing rates of wage.
T:he icrsigned'.R CCB registration riimbct is �*7&4 " _ vdth an expiration date of
^ As a coed.noel ro subrritting a bid, a Contractor must'he registered uid) the Oregon
Construction Contractors Board in accordance with OILS 701.035 to 701.055, and disclose the :registration
number. Pailure to tegistet and digctose: the number will hake the bid unresponsive acid it will he rejected
unless commly to federal law. The Undersigned further certifies that Undersigned shall provide proof to
the City prxnr to the begintvrii,of, any of the work that the Undetsigned lzs filed a public works bond with
a corporate surety in the amount of $30,000 with the Construction ContrQctors Board as required under
Oregon PWR law.
The successful quoting contractor heteby certifies than ala subcontraetors who will perform construction
work as described in ORS 701.005(2) were registered with the Constructiot: Conttactors board in
accordance with ORS 701.035 to 701,05'- at the rime the subconttactor(sl, iiiade a bid to work under the
contract.
Tile st)ccessf'ul contrsicto: hereby= certifies that, in accordance wah the Worker's Cornpensatiort l.aw of: the
State of Oreo its Worker's C:ompensadoti Insurance p.rovicier is SAIF
5 . y id
1 oL'c•Ivo, ,and that L;rtdPt:,igrcd shsll stabtnir.Certificates of .Insuzatice as required.
Natne of Stibluitting Coar-tpasty: AWITAIL [oN3s'1-Wt Tk�n7
XWe—
Company A.dd.tess: 36>-4(p mole,.
Federal Tax ID; 93-a aril 7�1� _
Telephone/Fax:
1 attest tl-at I have tlic authoiaty to commit the: frim named above to this quotation amount and
acknowledge that the firm njects the clualifxcations necessary to perform this Work as outlined its the
Request fru Quotation. I understand that I will be rcquircci to provide necessary iuzforinatioI to vexifS� that
the firm meets these qualifications if selected for the subsequent Con tl
ok
Authorized Signature:
Printed Name &Titre;
Date: .•—!t'1�'�� ��ar
6 ' Page
03/02/2015 15:23 5036853136 DAVID ERIC4CS0N
PACE 04d05
SVMMER I-AKE P�SITE UTILITIES CONSTRUCTION r
.�� .. lON QUOTL SII>rET DETAII.
Itexri # C3QOT Section znd DegCrl nota a
QVork... ... _. __. .Unit�.._...... Total s
Site r...._
1 00210—Niobili7,ation 1 Tum(;
Sum
Z 00225 —V'ork Zonc.Tmr'f!c,Corin; 1 I.t`u,I+ __ t}coos / ori
5+.m
3 0f0280 -OtAnge Seal rent?cncc,
unsuppor.ed 530
4 'X%at�lcs 13f, root � 2°4s
5 00280-Gravcl Con.mucrion
Entrant:c �' '
G 0028;1-Concrete I'mck WpsllGawa
Pit r.aCII � p0 SAO .1
7 00310—Rf moval of Cor.Crcte Lump. oa �
sidewalk 1 Sum, � -- j— - 3.__ �ZS
8 00320—Clearing svid Grabbing I Lump � v� � CPO
Sunt
9 00330—General Excmdor, I Lump $ AOa 15� s �� �
Surn. .r__._
10 0377 L7G9V7't!tGUCI'1nC;bAlriC1 40 Foot-
00579—Perimeter end Nthwu
11* Concrete&eewnlx.G" thick 1104 Sq, F•oc)t s���_ s�� 7V O
12* 01:) —Birt RC9tc�ratron/Seedir;g 6,?00 Sq. Foot $ _q—
Site Work
Stormwater Facility
Total $ SS°=
13 00145-4=nee PVC)'ipe,Storm 40
srwer F00"
14 01140—Conmuc!I_IDA S!ocmwater
Quality I aG Jir} 1 I..:atnp Sum
Stonnwate,r
Sanitary Sewer
Facility 'rotal $ qi ,Ov
15 00445—4 Inch i5VC Pipe,Sani:art
Sew58 Foot s D s yCio .
16 00445-Cleanout Voub;e Sweep; I )tach $ /ooc'
00445-Conti=to Existing 10 inch
17 Conc,:etc Sfiniraxy Pipe w/1nRcrta 1"ec 1 Each s smfo
or$Addle
Sanitary tap
[)limen(Const time Inc. Seater Total
__..,... .._ ......
36296 N.E.WilsonVille Rd.
Newberg, OR 97132
Ph: 503-625-6802
Fax: 503-625-2036
CM F3 47M
WA M MEAM 75M � 1 �
03/02/2015 15:23 5036859136 DAVID ERICKSON
PACE 05105
ODOT "ecttpn and Descrx uEon Qty 'Unit ni _.
Wate,t.. ....w_,r. .,. ,...._,.._.... _ _.._. _._. _ Unit Total g. .._ ..._.
,1'140— 1-1/2 Itch Potable WAcr.
18 Pipe, Firdrgs, C c:)upUngs a•it]t Claa, 105 Poot
13ac1cFiiE
19 01 i4!3—f;sar_ner_t to ExiPing �,
laackflott•Device 1 Each h 150_-
01:44:—Connect to Txisting Fountain
20 smticc ,(,)New :.1 i Anch Se vice
Lump Sum
Line — `
01150—Install 14"xl9"Valve I.3r,:c,
21 1/2 Inch Isolation VaJvc and S�,stcrn I Lump Sura
�taii�jalvc
Water
Irrigation
'Total $ 5
01120-3°' PVC:Schedule 40 Pipe,
22 .Fi.rtings,acid Coupling with CI s 10 Foot � C� QOTO
A Luck fill
Irrigation
Electlical Total
00960—,1"PVC Schedule •10
[24
Conduit from;xrzsforwner to 2" root
Meter Selvice
0,0960-Install EUSI7.lRC 308
',Mounted 305 Dieter for 2 (),AM a
120/240V an a Cunc:cte I3ad -�—�
25 3"PVC Concittit from metaeFO
Service to Rest:oorr. Facility `80 root 5 18�' _- r,y''O! Q
Electrical
Total $. ;/,7,-1
Project
Total $
•,w�a.rdtwarup�rpppq.,i
*
LINE I;EMS TO 08 C10NP'T TFI .if"TSR Iii$T'Rt;(_) �CILT-1Y IS Ct)N'' E:Err,ti F spECLLT, FR(��'lb'ICaT�S
SP,C":ON 0015Ct CCQN1"x OL OF�X'Okx poR ,)H7•1TL
Daneal Constm lon, Inc.
36296 N.E. Wilsonville Rd.
Newberg, OR 97132
Ph: 503-625•-6802
Fax: 503-6252036
OR ae 47M 8 i
WA DANEA0175NU
ATTACHMENT B
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
SUMMERLAKE PARK SITE UTILITIES
THIS CONTRACT,made and entered into this 9`h day of March,2015,by and between the City of Tigard,a
municipal corporation of the State of Oregon, hereinafter called "City" and Daneal Construction, Inc.
hereinafter called "Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS,time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Bid Proposal;
THEREFORE,in consideration of the promises and.covenants contained herein,the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this.Agreement shall consist of the following:
A. Minor Clearing and Grubbing
B. Removal of Structures& Obstructions,Work Zone Traffic Control
C. Erosion and Sediment Control
D. General Excavation and Embankment for Facility
E. Installation of Sanitary Sewer and Potable Waterlines
F. Installation of Electrical Conduit and meter for Power to Facility
G. Construction of a LIDA stormwater facility and drainage pipe
H. Planting and Irrigation
I. 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, minirnuim hourly rate of wage specified by the
Commissioner of the Bureau of Labor,and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for
those labor and services and withhold these amounts from payment s that are due the Contractor in
accordance with ORS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work that
the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in
every subcontract to this Agreement that the subcontractor file a public works bond with the
Construction Contractors Board in the amount of$30,000 prior to starting work on flys project unless
otherwise exempt.
For contracts $50,000 or greater,the City shall pay a fee equal to one-tenth of one percent (.009)of the
price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the
first progress payment or sixty (60) days from the date work first began,whichever comes first.
3. Pre-Construction.Conference
Contractor and listed subcontractors shall attend and participate in any pre-construction conferences
described or listed in the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared
by the City and performance pertaining to this Agreement, in the Cite of Tigard, Oregon, and by this
reference made a part hereof to the same legal force and effect as if set forth herein in full. The
contract documents include the documents with the following titles that are bound in the solicitation
documents and the standard documents comprised of the Oregon Standard Specification for
Construction,2008,Volume 1 and Volume 2.
Solicitation Documents
General Requirements
Attachment A—Quote Form (Proposal)
Attachment B— Public Improvement Contract
Attachment C— Performance Bond
Attaclunent D— Payment Bond
Attachment E— Supplemental General Conditions
Attaclunent F— Special Provisions
Attaclunent G— Plans/Drawings
Standard_Documents
■ General Conditions (Oregon Standard Specification for Construction,2008,Volume 1 as amended
by the Supplemental General Conditions).
■ Standard Specifications (Oregon Standard Specification for Construction, 2008, Volume 2 as
amended by Special Provisions).
■ City of Tigard Public Improvement Design Standards.
■ Clean Water Services Design and Construction Standards (R&O 07-20)
5. City's Representative
For purposes hereof, the City's authorized representative will be Jeff Peck, Sr. Engineering Tech,who
can be reached by telephone at(503) 718-2466 or by email at jefE)Ld),tigard-or.ov.
6. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be David Erickson,President,who
can be reached by telephone at(503) 625-6802.
7. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
8. Compensation
A. Progress Payments: City agrees to pay Contractor Fifty Seven Thousand Forty and No/100
Dollars ($57,040.00) for performance of those services provided hereunder, which payment shall
be based upon the following applicable temps:
The City will pay only for measured Pay Item quantities incorporated into the Work or performed
according to the terms of the Agreement. The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor: for furnishing all materials, equipment,
labor, and incidentals necessary to complete the Work; and for risk, loss, damage, and expense
arising from the nature or prosecution of the Work or from the action of the elements, subject to
the provisions of 00170.80. The Contractor:shall include the costs of bonds and insurance for the
Project in the unit price for each Pay Item of Work to be performed.
When the specifications state that the unit price for a Pay Item is compensation for certain
materials or work essential or incidental to the Pay Item, the same materials or work will not be
measured or paid under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd,
Tigard, Oregon 97223, a statement of services rendered, indicating the description of each service
used in the proposal and the dollar amount of each service completed through the state date,
together with a request for payment duly verified by the Contractor's Representative and copies of
certified payroll statements.
Payment by the City shall release the City from any further obligation for payment to Contractor
for services performed or expenses incurred as of the date of the statement of services. Payment
of installments shall not be considered acceptance or approval of any work or waiver of any
defects therein. City certifies that sufficient funds are available and authorised for expenditure to
finance costs of this contract during the current fiscal year. Funding in future fiscal years shall be
contingent upon budgetary approval by the Tigard.City Council.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required
proof of payment to subcontractor and suppliers is not included with a statement.
As required under. State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25",/0
of any progress payment amounts owed to Contractor if Contractor has failed to file certified
statements with the City.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the
statement of services. The Contractor agrees that the "Tune of Completion" is defined in the Bid
Proposal, and agrees to complete the work by said date. The Contractor and City agree that the
City will suffer damages each day the work remaivns uncompleted after the Time of Completion
and that the amount of those damages are difficult to calculate. Contractor and City agree that a.
reasonable amount of damages for late completion is $500.00 per day and Contractor agrees to pay
damages in that wnount if the work is not completed by the'Pune of Completion.
C. Final Payment: The Contractor shall notify the Cite in writing when the Contractor considers the
project complete, and the City shall,within 15 days after receiving the written notice, either accept
the work or notify the Contractor of work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor, including the retained
percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final
acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per month on
the final payment due the Contractor,to continence 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 connpletion,
notify the Contractor of work yet to be performed to fulfill contractual obligations, the interest
provided by finis subsection shall comtnence to run 30 days after the end of the 15-day period.
As a further conditions of final acceptance, the Cite 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. Furthetnnore, 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 terns of thus 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 thus 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 shall obtain,prior to the execution of any performance under this Agreement,a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31st expiration date. New businesses operating in Tigard after June 30th of the current
year will pay a pro-rated fee though the end of the calendar year.
F. Contractor is not an officer,employee,or agent of the City as those teams 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 nninirnuum 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 to the Department of Revenue all suns withheld from employees pursuant to ORS
316.167.
3) 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 fornn prescribed by the Cormnissioner of
the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the
Contractor or the Subcontractor has employed upon such public work, and further certifying that
no worker employed upon such public work has been paid less than the applicable prevailing rate
of wage, which certificate and statement shall be verified by the oath of the Contractor or the
Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor or
Subcontractor has read such statement and certificate and knows the contents thereof and that the
same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll records for the
prior week,including the same and address of each worker, the worker's correct classification,
rate of pay,daily and weekly number of hours worked,deductions made and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor or
Subcontractor to the City. A true copy of the certified statements shall also be filed at the
same time with the Commissioner of the Bureau of Labor and Industries. Certified statements
shall be submitted as follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a period of three
years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt payment of
any claim for labor or services furnished to the Contractor or a Subcontractor by any person in
connection with this contract as such claim becomes due, the proper office of the City of Tigard
may pay such claim to the person furnishing the labor or services and charge the amount of the
payment against funds due or to become due to the Contractor by reason of such contract.
Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety from
obligation with respect to any unpaid claims.
A Contractor agrees that no person shall be employed for more than ten (10) hours in any one day,
or 40 hours in any one week,except in cases of necessity or emergency or when the City deems it in
the best interest of the public or policy absolutely requires it, in which event, the person so
employed for excessive hours shall receive at least time and a half pay for the following.
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the
work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the
work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the
fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount
of money paid the employee for such work as determined by state law, the City's personnel rules
or union agreement. The Contractor shall require every subcontractor to comply with this
requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a subcontractor,
the Contractor or first-tier subcontractor shall owe the person the amount due plus interest
commending at the end of the 10 day period that the payment is due under ORS 279C.580,unless
payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS
279C.515(2). If the Contractor or any subcontractor fails, neglects, or refuses to pay a person
furnishing labor or material, the person may file a complaint with the Construction Contractors
Board,unless the payment is subject to a good faith dispute as defined in ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement that the
contractor pay the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors an
interest provision for such payments in compliance with ORS 279C.580. Contractor shall include
a clause in each contract with a subcontractor requiring the subcontractor to meet the same
payment and interest standards as required by ORS 279C.580 (4).
12. Drug Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring contractors
to demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a
drug-testing program is in place by signing of the contact. The drug testing program will apply to all
employees and will be maintained for the duration of the Contract awarded. Failure to maintain a
program shall constitute a material breach of contract.
13. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
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 sures which the Contractor collected or deducted from employee wages pursuant to
any law, contract or agreement for providing or paying for such service as referenced in ORS
279C.530.
14. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed upon term
by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of any third
party judicial proceeding relating to the work other than a suit or action filed in regard to a
labor dispute;or
2) If the circuinstances 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 terrninate 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 ternris,
and after receipt of written notice from City, fails to correct such failures within ten (10) days
or such other period as City mai,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 an), 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 fiill
payment for all services satisfactorily rendered and expenses incurred, an amount which bears the
same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by
Contractor bear to the total services otherwise required to be performed for such total fee;
provided, that there shall be deducted from such amount the amount of damages,if any, sustained
by City due to breach of contract by Contractor. Damages for breach of contract shall be those
allowed by Oregon law, reasonable and necessary attorney, fees, and other costs of litigation at trial
and upon appeal.
16. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts,and transcripts.
17. Work is ProVerty of Q
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 rni nirnurn and prevailing wage requirements.
B. To the extent applicable,the Contractor represents that it will comply with Executive Order 11246
as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act of 1973 as
amended and the Age Discrimination Act of 1975, and all rules and regulations issued pursuant to
the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes,
ordinances and regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that affect the work under this contract are by reference
incorporated herein to the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to the enactment of new or the arnendrnent 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 tune, a reasonable adjustment in the contract price, if necessary, to
compensate the Contractor for all costs and expenses incurred,including overhead and profits, as
a result of the delay or additional work.
Pursuant to ORS 279C.525(l), the following list identifies Governmental Agencies of which the
City has knowledge that have enacted Environmental Laws which may affect the performance of
the work:
FEDERAL AGENCIES
➢ Agriculture
• Department of Forest Service
• Soil Conservation Service
Defense
• Department of Army Corps of Engineers
➢ Energy
• Department of Federal Energy Regulatory Commission
➢ Environmental Protection Agency
➢ Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
Interior,Department of
• Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
• Bureau of Land Management
• Bureau of Mines
• Bureau of Indian Affairs
• Bureau of Reclamation
• Geological Survey
• Minerals Management Service
Y Labor,Department of
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
➢ Transportation,Department of
• Coast Guard
• Federal Highway Administration
➢ Water Resources Council
STATE AGENCIES
➢ Administrative Services,Department of
➢ Agriculture,Department of
➢ Columbia River Gorge Commission
➢ Consumer&Business Services,Department of Oregon Occupational Safety&Health
➢ Division
Energy,Department of
➢ Environmental Quality,Department of
➢ Fish and Wildlife,Department of
➢ Forestry,Department of
➢ Geology and Mineral Industries,Department of
➢ Human Resources,Department of
➢ Land Conservation and Development Commission
➢ Parks and Recreation,Department of
➢ Soil and Water Conservation Commission
➢ State Engineer
➢ State Land Board
➢ Water Resources Board
LOCAL AGENCIES
➢ City Council
➢ County Court
➢ County Commissioners,Board of
➢ Port Districts
➢ Metropolitan Services Districts
➢ County Service Districts
➢ Sanitary Districts
➢ Water Districts
➢ Fire Protection Districts
19. Changes
City may at any time, and without notice, issue a written Change Order requiring additional work
within the general scope of this Contract, or any amendment thereto, or directing the omission of or
variation in work. If such Change Order results in a material change in the amount or character of the
work, an equitable adjustment in the Contract price and other provisions of this Contract as may be
affected may be made. Any claim by Contractor for and adjustment under this section shall be
asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of
change or the claim will not be allowed. Whether made pursuant to this section or by mutual
agreement, no change shall be binding upon City until a Change Order is executed by the Authorized
Representative of City,which expressly states that it constitutes a Change Order to this Contract. The
issuance of information, advice, approvals, or instructions by City's Representative or other City
personnel shall not constitute an authorized change pursuant to this section. Nothing contained in
this section shall excuse the Contractor from proceeding with the prosecution of the work in
accordance with the Contract,as changed.
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the party so disenabled, including, but not restricted to, an act of God or of a public enemy,
volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo,
unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the
party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party
in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms
of this contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terns 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 not 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 tivs contract, the parties agree that the
losing party shall pay such sum as the Court imay adjudge reasonable attorney's fees and court costs
including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreenient 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 tivs 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 die proposal of the Contractor, this instrument shall control
and nothing herein shall be considered as an acceptance of the said tenors of said proposal conflicting
herewith.
26. Indemnification
Contractor warrants that all its work will be perfonmed 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 indern nify and defend the City, its officers, agents and employees and hold diem
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) drat may be asserted by any person or entity which vi 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 die remainder of diis indemnification.
27. Insurance
Contractor and its subcontractors slhall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover 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 pro-6sions 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 t1iis contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the
contract, Commercial Automobile liability coverage including coverage for all owned, hired, and
non-owned vehicles on an"occurrence"form.The Combined Single Limit per occurrence shall not
be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor
shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. 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 that are subject employers under the Oregon Workers'Compensation Law shall
comply with ORS 656.017, which requires them to provide workers' compensation coverage that
satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon
workers' compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Contractors who perforin work without the assistance or
labor of any employee need not obtain workers' compensation coverage. All non-exempt
employers shall provide Employer's Liability Insurance with coverage limits of not less than
$1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers, employees, agents and representatives as additional insureds with
respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-N711" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may Self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minim iirn insurance requirements
for the type of coverage required. If dze Contractor is self-insured for commercial general liability
or automobile liability insurance the Contractor must provide evidence of such self-insurance. The
Contractor must provide a.Certificate of Insurance showing evidence of the coverage amounts on a
forin acceptable to the City. The City reserves the right in its sole discretion to detennine whether
self-insurance is adequate.
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 effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
docurnent all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
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. PriiMary Coverage Clarification
The Parties agree that Contractor's coverage shall be primary to the extent permitted by law. The
Parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
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 ornissions policies required by this contract.
A certificate in form. satisfactory to die City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the Cite, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. 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 Notices Submitting Bills and Malting 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 DANEAL CONSTRUCTION,INC.
Attn: Jeff Peck Attn: David Erickson
Address: 13125 SW Hall Blvd Address: 36296 NE Wilsonville Road
Tigard,Oregon 97223 Newber ,Oregon 97132
Phone: (503) 718-2466 Phone: (503) 625-6802
Fax: (503)624-0752 rax: (501625-2036
Email: jefEp&igard-ongov Email: (insert address)
and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances, notices, bills and payments shall be deemed given at tine 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 rnav be required to complete because of substances used in the performance of this
Agreement.
30. Hazardous Waste
If, as a result of perfornzance 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, indemni6y, and hold harnnless City for any disposal or
storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of
hazardous materials.
31. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
32. Demolition—Salvage and Rec clin
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition
debris if feasible and cost-effective.
33. Complete Agreement
This Agreement, including the attaclunents, is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terns. 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/she has read tivs Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to he executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD DANC CONY TRUCTION,INC.
� I
�.,.. J' a Gy
By: Marty Vgne, City Manager By: Authorized Contractor Representative
s-�� �o�� Ybu'
Date Date
ATTACHMENT C
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT-PERFORMANCE BOND
Bond Number: B-9118221
Project Name: Summber Lake Park Restroom Construction
The Cincinnati Insurance Company (Surety#1) Bond Amount No, 1: $57,040.00
------------------------------------------------------Surety#2)* Bond Amount No.2:* $0
If using multiple mr ies 'Total Penal Sum of Bond: $57,040.00
We, Daneal Construction, Inc. as Principal, and the above identified
Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective heirs,executors,administrators, successors,and assigns fi=ly by these presents to pay
unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Suni of
Bond)Fifty Seven Thousand Forty and no/100ths (Provided, that we
the Sureties bind ourselves in such sun "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself;
jointly and severally with the Principal, for the payment of such stun only as is set forth opposite the name of
such surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard,the plans, specifications, terms,
and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract; together with applicable plans, standard specifications,
special provisions, schedule of performance, and schedule of contract prices, are made a part of this
Performance Bond by reference,whether or not attached to the contract(all hereafter called"Contract"};and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications, and all authorized modifications of the Contract which increase the
amount of the work, the amount of the Contract; or constitute an authorized extension of the time for
performance,notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE,THE CONDITION OF THIS BOND IS SUCH i that if the Principal herein shall
faithfully and truly observe and comply with the terms, conditions, and provisions of the Contract, in all
respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to
be performed w-ider the contract,upon the terms set forth therein,and within the time prescribed therein,or as
extended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save
harmless the City of Tigard,its officers,agents,and employees against any direct or indirect darnages or claire of
every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of
the performance of the Contract by the Principal or its subcontractors, and shall in all respects perform said
contract according to law,then this obligation is to be void;otherwise,it shall remain in full force and effect
Nonpayment of the bond premium will not invalidate this bond not shall the City of Tigard be obligated for the
payment of any premiums.
This bond is given and received under the authority of ORS Chapter 2790 and Tigard Public Contracting
Rules,the provisions of which are incorporated into this bond and made a part hereof.
24 1 Page
..........
IN WITNESS WHEREOF, WE RAVE CALJS']-,'..I-) Tl-31S INSYRUXMINTTO BF, F"XI",CUTE,D ANI)
SEALED BY OLJR DULY AL 11-10RIZED LEGAL
Dated this '17th (Jav()f March 2015
pR.r,NCtAL Dveal Constructtiiion, Inc.
J� �B
Printed Name&J'itle
Attest
SURETY; The Cincinnati Insurance Company
(Adel jiptatumfor eadi swPy if wing muliole bomb)
BY MTORN}?Y-IN-FACT:
N
(Power-of-,4ftormy.vnu.rt atwmpaq each symo boar!
KIMBERLY K MOORE
k
��Slltu%c v
5201 SW ESTh-116 DR,, #300
Address
PORTLAND OREGON 97221
City State Zip
503-296-0077 503-296-0044
Phone Fax
25 11' ,1 g e
ATTAcumF,NT D
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT-PAYMENT BOND
Bond Number.
B-9118221 1
Project Name:Summer Lake Park Restroom Construction {
The Cincinnati Insurance Company (Surety#1) Bond Amount No. 1: $57,040.00
------------------------------------------------------( rety#2)* Bond Amount No.2:* $0
*X,f w ring multiple suretie.r Total Penal Sum of Bond; $L7,040-00
We, Daneal Construction, Inc. as Principal, and the above identified
Surety(les), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators,successors,and assigns firmly by these presents to pay
unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond)Fifty Seven Thousand Forty and no/100ths (Provided, that we
the Sureties bind ourselves in such. sum "jointly and severally" as well as "severally" only for the plupose of
allowing a joint action or actions against any or all of us, and fox all other purposed each Surety binds itself,
jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of
such Surety),and j
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plazas, specifications, terms,
and conditions of which are'conta.ined in above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standLtd specifications,
special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment
bond by reference,whether or not attached to the contract(all hereafter called"Contract");and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the te=, conditions,
requirements,plans, and specifications,and schedule of contract prices which are set forth in the Contract and
any attachments, and all authorized modifications of the Contract which increase the amount of the work, or
the cost of the Contract; or constitute authorized extensions of time for performance of the Contract,notice of
any such modifications hereby being waived by the Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully
and truly observe and comply with the terms, conditions, and provisions of the Contract, in all respects, and
shall well and truly and fully do and perform all matters and things by it undertaken to be performed under said
Contract and any duly authorized modifications that are made,upon the terms set forth therein, and within the
time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the
Sureties,and shall indemnify and save harmless the City of Tigard its officers, agents, and employees against any
claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be
suffered in connection with or arising out of the performance of the Contract by the Contractor or its
subcontractors, and shall promptly pay all persons supplying labor, materials, or both to the Principal or its
subcontractors for prosecution of the work provided in the Contract; and shall promptly pay all contributions
due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or
its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon
Department of Revenue all sums required to be deducted and retained from the wages of employees of the
Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien nor claim to be filed or
prosecuted against the City on account of any labor or materials furnished; and shall do all things required of
26 1 Page
' •' ...- ..... . ..w.. .._.... ... ..✓:.....- ... - .�-........__...s .t. _... :... .. to
the Principal by the laws of the State of Oregon, then this obligation shall be void;otherwise,it shall terrain in
full force and effect.
Nonpayment of the bond premium will not invalidate this bond not shall the City of Tigard be obligated for the
payment of any premiums.
This bond is given and received under the authority of ORS Chapter 2790 and Tigard Public Contracting
Rules, the provisions of which are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CA-USED THIS INSTRUMENT TO BE EXECUTED AND
SF-ALED BY OUR DULY AUTHORIZED LEGAL REPRESEN`fMWES.
Dated this 17th day of March 2015
PRINC • Daneal Construction, Inc.
By: lrtL
Signature
Printed Name&Tide
Attest
SURETY-The Cincinnati Insurance Company
(Add rignaturer for eaeb.runty if using muhrple bonds)
BY ATI'ORN.EY-IN-FACT:
(Pouvr'-of-Allom y must aecomoany each sure,bona
KIMBERLY K MOORE
N4�4
aESTGATE DR., #300
Address
PORTLAND OREGON 97221
City State Zip
503-296-0077 503-296-0044
Phone Fax
27 1 Page
THE CINCINNATITNISURANCE CONURANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW A 1-1 MEN 13YTI-IESI"',PRISENTS: That 114E CJ.,NC1NN/1TI INS URANCJ-. COMPANY, a corporation 01-gallizod under(lie laws of
th.v—State of t.)hio, and having its principal office in tile city arFairtield, Ohio, does hereby constitute andappoint
Sean Dooney,Kimberly K Moore,Judy Price,Joseph P Riter,Gina M McCluhan,Brian Dooney,
of Portland,OR its true and lawful Atlomey(s)-in-Fa sal
act to sign, exoctite, ,e
and deliver on its behalras Surety, and as its act and cited, any and all bonds, policies, undert'skings, or wher like instruments, as folloyvsr�
Twenty Five Million Dollars and 00/100 ($25,000,000.00)
This appointnictit, is made under and by authority of the following resolution passed by (lie Board of Directors ofsaid Coulpany
necting field in the principal ollice of the Corlipally, a quortun being present and Voting, on the 6111 (Jay of DecorrCher, 1958, Which
resolution is still it) effect:
"RESOLVED, that the President or tiny Vice President be hereby authorized, and empowered to appoint Altotiloys-ill-
Fact of tile corripoily to execute ally and all bonds, policies, undertakings, or other like instrurnonts oil behalf"of,the.
Corporation, and may authorize any officer or any such Attorney-in4aet to affix the corporate sea]; and may with or
withoul cause modify or revoke any such appolotment or authority, Arty such writings so executed by swch Attorneys-in-
shall be binding upon the company as if they had been duly executed and acknowledged by the regularly elected
offlicers of tire company."
This Power of Attorrrey is signed and sealed by f4csfinfle render and by the authority of the followhig Resolution adopted by the
Board of Directors of the company at a inecting(fill), called and hold oil the 711, day of December, 1973,
"RESOLV[31), that tire sigiultUre of the President or a Vice President and tile seal of tile Company may be affixed by
facsimile on any power of attorney grarued, and tire signature of the Secretary or Assistant Secretary and tire seal of the
ouipany may be affixed by facsinlile to racy certificato of any such power and ally such power of certificate bearing
Such ftlesirni.le signature and sealshall be valid and binding or).the company. Any site.],) power so exootited and sealed
and certified by certificate s+r executed and sealed shall, with respect to any bond or undertaking to whiQIr it is attached,
continue to be valid and Nilding oil the Company,"
IN WITNESS W11ERr.,,01', CINC�INNNI'IINS URANCE COMPANY has caused these presents 11r)be sealed with its corporate
seal, duly attested by its Vice president this J(),1, chly ol'10'ay, 2012,
(1011-11"" CINCINNNI] INSURANCE COMPANY
CORPORATE 0.
SEAL
Vice President
STAT'.1". ()P'01110 ss-,
COUNTY OF BUTLER
On this 10`1 day of IMay, 20.12, bel"bre nae carne,the above-rainiod Vice President WITTE CINCTNNATTINSURANCE CONITIANY,
to me pers(-N-rally known to be the officer described herein,andacknowledged that the areal affixed to the procodirig instrU1,11cut is th'e,corporate
coal of said Corriparry and the corporate seal and the signatui,e of the ofticer were duly affixed and subscribed to said instrument by the
authority and direclion of'said corporation,
%A t
A-I
........... ............
H
4P MARK J LL LLER, Attorney at Lnw
r
h NOTARY PUBLIC-STATE OF OHIO
My Conunt9slon has no expiration
4404044 "
0 date.Soollort 147 01 O.A.C.
'10
1,tile undersigned Secretary or Assistaut Secretary of''HIE CINCINNATLINSURANCf," COMPANY,hereby certify that the above
is 8 true and correct c(.,)py of the Original Power of Attorney iMled by said Comparty, and do hereby further certify that the said flower of
Attorney is still in full florce and effect.
(11VEN under my harld aud seal of said Company at Fairfield, Obi(:).
this 17th day of' March, 2015
CORPORATE ............. ...................—
SEAL Assistant S'1e:e17c ary
R to
3N-1005 (5/12)
ATTACHMENT E
CITY OF TIGARD,OREGON
SUPPLEMENTARY GENERAL CONDITIONS
The following provisions supplement and amend the General Conditions (defined in the Agreement).
Section 00150.10(a) Order of Precedence - The Engineer will resolve any discrepancies between these
documents in the following order of precedence:
• Contract Change Orders;
• Special Provisions;
• Agency-prepared drawings specifically applicable to the Project and bearing the Project title;
• Reviewed and accepted, stamped Working Drawings;
• Standard Drawings;
• Approved Unstamped Working Drawings;
• Supplemental Specifications;
• Standard Specifications; and
• All other contract documents not listed above
Notes on drawing shall take precedence over drawing details.
Dimensions shown on the drawings, or that can be computed, shall take precedence over scaled dimensions.
Section 00150.40(a) Cooperation and Superintendence by the Contractor, General -- Add the words,
"within the limitations in Oregon Law regarding public records." to the end of the sentence in bullet item 7.
Section 00160.10 Ordering, Producing and Furnishing Materials -- Delete the last two sentences in the
opening paragraph.
Section 160.10(b) Approval of Quantity of Materials Ordered -- Delete the sentence, "Therefore, the
Contractor is cautioned to order or produce Materials only after having received the approval of the
Engineer. " Delete the sentence, "Excess Materials, ordered or produced by the Contractor, without
approval of the Engineer, may be purchased by the Agency at the sole discretion of the Agency. (see
00195.80)"
Section 165.03 Testing by Agency -- Delete the words "its central laboratory, field laboratories, or other"
from the first sentence.
Section 170.10(d) Agency's Payment of the Contractor's Prompt Payment Obligations -- change the
word"ODOT" to "Agency".
Section 170.70, Insurance -- Delete entire section.
Section 170.72 Indemnity/Hold Harmless --Delete entire section.
Section 170.94 Use of Explosives -- Change the first sentence to read, "The Contractor shall obtain the
Engineer's approval and shall comply with all Laws pertaining to the use of explosives."
Section 180.20(a) Subcontracting Limitations, General--Delete the first sentence.
28 1 Page
Section 180.22 Payments to Subcontractors and Agents of the Contractor -- Delete the second
paragraph.
Section 180.31 (b)(1) Reason for Substitution -- Add the following word to the beginning of the first
bullet: "In the judgment of the Engineer",
Section 180.50(c) Beginning of Contract Time -- change the paragraph to read, "When the Contract
Time is stated in Calendar Days, counting of Contract Calendar Days will begin with the first Calendar Day
following the date of the Notice to Proceed."
Section 195.10 Payment for Changes in Materials Costs, Delete entire section.
Section 195.12 Steel Material Price Escalation/De-Escalation Clause -- Delete entire section.
Section 195.50(a)(2) Value of Materials on Hand -- Delete paragraph.
Section 195.50(b) Retainage: Change the first paragraph to read. "The amount to be retained from
progress payments will be 5% of the value of Work accomplished, and will be retained in one of the forms
specified in Subsection (c) below.
Section 195.60 Advance Allowance for Materials on Hand: Delete entire section.
Section 195.80 Allowance for Materials Left on Hand: Delete entire section.
Section 199.40 Claims Decision Review, Delete entire section.
29 1 Page
ATTACHMENT F
CITY OF TIGARD,OREGON
SPECIAL PROVISIONS
The Work to be done under this Contract consists of constructing park improvements, including installing
utilities, concrete walk, and a LIDA water quality facility/rain garden shown on plans entitled:
• Summer Lake Park Restroom Construction
Applicable Specifications
The Specification that is applicable to the Work on this Project is the 2008 edition of the "Oregon Standard
Specifications for Construction". All work shall be in accordance with these specifications except where
specifically modified in this document and on the plans. For this project, when the specification says
`Agency'it may typically be understood to mean `City'in project-specific cases, but may refer to the Oregon
Department of Transportation, especially in cases of standards and testing.
All number 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 and to
sections and subsections contained in these Special Provisions in their entirety.
Section 00150—Control of Work
Comply with Section 00150 of the Standard Specifications or as modified.
00150.15 Construction Stakes,Lines, and Grades:
(a) General — The Contractor shall perform no Work until the Engineer establishes field controls. Work
performed without field controls will be subject to removal at the Contractor's expense.
(b) Agency Responsibilities—Replace Agency responsibilities with the following:
• Agency's Contract Engineer will layout and set construction stakes and marks to establish the lines,
grades, and slopes for Project Work.
• Deduct from payments due to Contractor all costs incurred to replace stakes and marks negligently
or intentionally damaged,removed, or destroyed by the Contractor.
(c) Contractor Responsibilities—Replace with the following:
The Contractor shall:
• Inform Agency of staking requirements at least five Calendar Days before the staking needs to
begin;
• Coordinate construction to provide sufficient area for the Engineer to perform surveying work
efficiently as safely;
• Accurately measure detailed dimensions, elevations, and Slopes from the Engineer's stakes and
marks;
• Perforin.the Work in such a manner as to preserve stakes and marks; and
• Set any reference lines for automatic control from the control stakes provided by the Surveyor.
• The Contractor shall examine the stakes before commencing work. Where the validity of a stake(s)
is questioned,promptly notify the Engineer to check such stake(s) before proceeding.
30 1 Page
00150.50 Cooperation with Utilities -Add the following:
(f) Utility Information: The locations of facilities shown on the plans were derived from the best
information available. It shall be the responsibility of the Contractor to verify the existence and exact
locations of underground facilities prior to construction. Any existing facilities damaged by the Contractor's
operations shall be restored or replaced to an equal or better condition (in the judgment of the engineer) at
the expense of the Contractor.
For utility locate markings, the Contractor shall notify Utility Notification Center at least 2 working days,
but not more than 14 calendar days, prior to performing any excavation or any other work close to any
underground pipeline, conduit, duct, wire or other structures. The Contractor shall be solely responsible for
maintaining utility locate markings until project construction is complete.
The Contractor shall also notify all utilities that may be affected by the construction operation at least 48
hours in advance that their services will be affected by the work and make reasonable accommodations (in
the judgment of the engineer) for the operation of these utilities.
The following information is included for the Contractor's convenience:
Utility Notification Center 503-246-6699 or 800-332-2344
Utility Agency Contact Phone
Water City of Tigard Aaron Beattie 503-718-2596
24-hour 503-639-1554
Sanitary Sewer City of Tigard Rob Block 503-718-2607
Storm Sewer City of Tigard Rob Block 503-718-2607
Power PGE 24-hour 503-464-7777
Damage&Repair 503-736-5662
Tiffany Ritchey 503-764-6935
Carl Krutka 503-849-6746
Cable Comcast Ken Parris 503-372-1384
Margaret Porter 503-372-1383
Damage&Repair 503-617-1212
Telephone Frontier 24-hour 1-877-462-8188
Robert Plant 503-644-7153
Telecom Time Warner David Miner 503-416-1522
Mark Gubrud 503-701-9167
Integra Telecom Robert Davidson 503-453-8247
Verizon Business Brad Landis 425-201-0901
Gas NW Natural Bob Keller 503-816-0299
Damage &Repair 503-226-4211
Section 00150.55 - Cooperation with other Contractors — The City is completing this project in phases.
This contract is for the "Site Utilities" work and is considered Phase 1. Phase 1 is estimated to run from
March 1, 2015 to June 15, 2015. The following contract work, Phase 2, will be ongoing within the Project
site during the following times:
Contract Name (Contractor's Name) Estimated Times
Phase 2 - Structure Assembly (To Be Determined) (May 1, 2015 —June 1, 2015)
311 Page
Contractor shall understand that work under this contract (Phase 1) "Site Utilities" will not be completed
until after the work in Phase 2 is completed as this contract will require final tie in work. As such,
Contractor will be responsible to cooperate and coordinate with the Phase 2 contractor for any overlapping
work. The City will provide the Contract with ample notice of the chosen contractor for Phase 2.
Section 00170—Legal Relations and Responsibilities
Comply with Section 00170 of the Standard Specifications or as modified.
00170.03 Furnishing Right of Way and Permits—Add the following:
The Agency shall be responsible for obtaining the following permits:
1. Stormwater Connection Authorization from CWS
2. City issued Erosion Control Permit
3. Applicable Building Permits
4. Contract Fee payment to BOLI.
Contractor shall sign and provide CCB # for applicable building permits.
00170.80(a) Responsibility for Damage in General—Add the following:
The Contractor shall perform Work, and furnish Materials and Equipment for incorporation into the Work,
at the Contractor's own risk,until the entire Project has been completed and accepted by the City.
The Contractor shall provide adequate protection for property, trees, landscaping, and other items adjacent
to the work area. Existing trees, property, shrubs, plants, or other items that are not to be removed but are
injured or damaged by reason of the Contractor's operations shall be replaced in kind at the Contractor's
expense.
Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated
into the Work, except as otherwise provided in this Section.
Section 00180 -Prosecution and Progress
00180.41 Project Work Schedules — After the paragraph that begins "Contractor's activity..." add the
following paragraphs:
The contractor shall submit a Work schedule that includes a bar chart including the following:
• A description of work in common terminology
• The quantity of Work,where appropriate,in common units of measure;
• The activity duration in normal workdays; and
• Scheduled start, completion, and time frame shown graphically using a time-scaled bar chart.
Contractor to revise the Project Work schedule as work progresses on a bi-weekly basis.
00180.50 Contract Time—Add the following:
Work to be done under this project must be substantially completed within 30 calendar days of issuance
of the Notice to Proceed. Site work to be completed after installation of the building includes the following:
• Construction of the concrete building perimeter sidewalk.
32 1 Page
• Construction of the concrete pathway to be replaced as identified in the construction drawings.
• Site restoration as identified in the construction drawings.
This work is to be completed within 14 calendar days, or 45 calendar days after Notice to Procede has been
issued for construction the restroom facility.
00180.85 Failure to Complete on Time;Liquidated Damages—
Add the following sentence to the end of subsection (b):
The liquidated damages for failure to obtain substantial completion on time as required by 00180.50 (h) is
$500 per calendar day.
Section 00210—Mobilization
Comply with Section 00220 of the Standard Specifications.
Section 00220—Accommodations for Public Traffic
00220.02 Public Safety and Mobility
Add the following bulleted items to the end of this subsection:
• Traffic signs shall be removed promptly when no longer in effect.
• No material or equipment shall be stored where it could interfere with the free and safe passage of
public traffic (including drivers,pedestrians, cyclists, and all others).
• Convenient access to driveways, houses, and buildings shall be maintained. Access to private
properties must be kept open.
• Trench excavation and backfill shall be conducted in a manner as to provide a reasonably smooth
and even surface satisfactory (in the judgment of the engineer) for use by public traffic at all times.
• Pedestrians and all others shall be protected from moving equipment, open trenches, falling objects,
and all other hazards associated with construction.
• The Contractor shall notify residents and businesses 72 hours in advance that their access to and
from public streets will be affected by the work. The City will supply the notification forms to be
distributed.
• Streets shall not be closed during construction.
• Do not place work zone signs or supports that will block existing walkways.
• The engineer and/or inspector may order immediate stoppage of work and restoration of normal
traffic patterns at any time if, in their judgment, such action is necessary to reduce excessive delays
and/or protect public safety.
• The Contractor shall notify the applicable following agencies and organizations a least five (5)
working days in advance that their services will be affected by the work,including lane/road closures
or other restrictions which could cause delay to emergency, delivery or transit vehicles. The
information below is provided for the contractor's convenience; it is the contractor's responsibility
to make sure each entity is properly notified.
Emergency Services 911
City of Tigard Police Department (Non-Emergency) 503-629-0111
Tualatin Valley Fire &Rescue (Station 51) (John Wolff) 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 (Jean Devenport) 503-431-4046
33 1 Page
First Student (Joanne Kirkbride) 503-431-2345
Tri-Met—Road Operations 503-962-8117
Pride Disposal (Lottie Schmidt) 503-625-6177 Ext 129
00220.03 Work Zone Notification-Add the following:
Seventy two hours prior to the commencement of work the Contractor is to hand deliver notifications to
each residence on Lakeview Terrace to the terminus of the connecting cul-de-sacs to the southeast. The
City will supply the notification forms to be distributed. Preparing, furnishing and delivering notices shall
be considered incidental to various items of work and no additional compensation will be allowed. Confine
construction vehicle equipment and employee parking onsite or along the perimeter of the work zone.
Section 00225—Work Zone Traffic Control
Replace this Section of the Standard Specifications with the following:
00225.00 Scope — This work consists of providing temporary traffic control measures (TCM) and
furnishing, installing, moving, operating, maintaining, inspecting, and removing traffic control devices
(TCD) throughout the Project area according to these specifications or as directed.
Install a 4'x6' temporary project sign at a location in the park determined by the Engineer. Sign to be
provided by City. Contractor responsible for posts,bolting, and embedment of sign.
Install 4' tall orange construction fencing across pathway as necessary to prevent pedestrian traffic from
entering the work area when installing sewer and installing new concrete pathway.
Install Type II temporary barricades at each end of the pathway indicating"Construction Ahead".
00225.90 Payment—Work covered under this Section will be paid for on a Lump Sum basis.
Items covered under Work zone traffic control may include,but may not be limited to:
• Temporary Project Sign—Quantity (1)
• Orange Construction Fencing—Quantity (100 LF)
• Temporary Barricades,Type II—Quantity (2)
Section 00280—Erosion and Sediment Control
Comply with this Section 00280 of the Standard Specifications or as modified.
00280.00 Scope: Add the following to the end of the first paragraph:
The Contractor shall provide and maintain erosion and sedimentation control measures in accordance with
the requirements and guidelines of the Clean Water Services (CWS) and as shown on the plans.
The Contractor shall inspect the control measures daily and upgrade them as needed or as directed. The
Contractor shall maintain such control measures until permanent cover is established and shall remove them
when they are no longer required. Any upgrades to control measures shall be considered incidental to the
pay item. for Erosion and Sedimentation Control.
Sediment and Erosion Control Items include,but may not be limited to the following:
• Sediment control fencing and gravel construction entrance
• Temporary Concrete washout pit
34 1 Page
• Biobag inlet protection, or silt sack inserts
• Straw wattles
Wet weather erosion control measures are considered incidental. Excavation for the concrete washout pit
and gravel construction entrance are incidental.
00290.32 Noise Control-Add the following to the end of this subsection:
The Contractor's attention is directed to City of Tigard Municipal Code No. 6.02.430 and 6.02.440 which
describes noise control regulations. Comply with the applicable noise control requirements of the ordinance
for project work.
Hours of work shall be from 7:00 a.m. to 7:00 p.m. Monday through Friday.
Section 00310 -Removal of Structures and Obstructions
Comply with Section 00310 of the Standard Specifications or as modified.
00310.90 Payment -The accepted quantities of removal work done on a lump sum basis.
• Removal of Wallis (approximately 780 square feet)
• Repair of damaged irrigation main lines, laterals, heads are considered incidental to the work.
Sawcutting the existing walla is considered incidental to the work.
Section 00320—Clearing and Grubbing
Comply with Section 00320 of the Standard Specifications or as modified.
00320.00 Scope — This work consists of removing and disposing of vegetation and buried matter within a
specified area or as directed. The work also includes preserving vegetation and objects designated to remain
in place and cleanup of the work area.
00320.01 Areas of Work—The areas to be cleared and grubbed are shown on the plans.
00320.40 Clearing Operations:
(a) Clearing Trees and Other Vegetation — Remove and dispose of noxious weeds according to Section
01030 prior to beginning clearing of trees and other vegetation.
Cut trees and brush so they fall into the areas specified to be cleared.
Cut off tree stumps, not required to be grubbed under 00310.41 as follows:
• Flush with the ground surface if within the clear zone.
• No higher than 4 inches above the ground surface if between the clear zone and the clearing line.
Remove all evidence of clearing matter and debris. This work includes removal of:
• Sod,weeds and dead vegetation.
• Down timber,brush and other vegetation.
• Sticks and branches with diameters greater than '/a inch.
35 1 Page
• Dead trees, down timber, stumps, and specified trimmings from areas where live trees and other
vegetation are designated to remain.
(b) Preserving and Trimming Vegetation:
(1) Within the Work Areas—Avoid injuring vegetation designated to remain in place.
(2) Outside of the Work Areas —Avoid injuring any vegetation. Confine operations which may injure
vegetation to areas that have no vegetation or to the work areas.
Remove hazardous, dead and damaged trees outside the clearing limit as directed.
(3) Tree Trimming — Trim trees according to good tree surgery practices and as directed to remove
safety hazards such as:
• Unsound branches of trees to remain in place.
Preserving vegetation includes keeping equipment and materials off of the critical root zone as directed.
00320.41 Grubbing Operations —Within excavation limits, remove tree stumps, roots, and other vegetation
to a depth of at least 6 inches below excavation subgrade or sloped surfaces.
Within embankment limits,remove tree stumps,roots, and other vegetation.
00320.42 Ownership and Disposal of Matter — All matter and debris accumulated from clearing and
grubbing operations become the Contractor's property at the place of origin. Dispose of this matter and
debris according to 00290.20 (c).
00320.43 Backfilling Holes — Except in areas to be excavated, backfill holes remaining after grubbing
operations with clean fill (see 00290.20(c-2)) according to 00330.45.
• Tree Removal—There are 2 trees identified on the Construction Plans for removal.
00320.90 Payment —The accepted quantities of clearing, grubbing, disposal, and cleanup work will be paid
for at the Contract lump sum price for the item"Clearing and Grubbing".
Section 00330—Earthwork
Comply with Section 00330 of the Standard Specifications or as modified.
00330.00 Scope —This work consists of excavation, embankment construction, grading, leveling, and other
earth-moving work required in the construction of the Project.
Earthwork includes excavation for the rain garden water quality facility, the drainage swale around the
restroom facility perimeter sidewalk, and excavation to subgrade for the building pad and perimeter
sidewalk, construction of a gravel pad for the restroom facility.
00330.43 Earthwork Compaction Requirements:
(a) General— Compact natural ground, embankment foundations, foundations for structures, each layer
of embankment, fills, and backfills to 90%Maximum Density per ASTM D1557.
36 1 Page
Unless otherwise specified, compact in place the entire surface of each layer of all specified materials
with a minimum of three coverages, using equipment made specifically for compaction. Select
compaction equipment based on the type of material being compacted and the layer thickness.
Routing of hauling and grading equipment will not be accepted as adequate to achieve compaction.
In the immediate vicinity of minor structures as provided in 00330.42(c-5), in holes, around and
under isolated individual rock fragments, and elsewhere where embankment and filling materials can
or cannot be reached by normal compaction equipment, compact with machine-operated pneumatic
or mechanical tampers, or by hand methods if allowed, as required to ensure intimate contact
between the backfill material and the structure or fragment and provide thorough compaction.
(b) Moisture-Density Testable Materials—:
(1) Test in-place materials for compaction according to the MFTP.
(2) In-place materials shall meet the following moisture content, density, and deflection
requirements, each of which has equal weight and each of which shall be satisfied:
a. Moisture Content — Moisture content at the time of compacting the materials shall be
prepared to within minus 4% to plus 2% of optitnum moisture content. Material which
does not contain sufficient moisture to obtain proper compaction shall be wetted and
thoroughly mixed as directed. Material containing an excess of moisture shall be dried by
manipulation, aeration, drainage or other means before being compacted.
b. Density—After compaction of each layer the density shall be at least.
• 90% of maximum density in restroom facility cuts, to a depth of 1 foot below
established subgrade elevation.
• 90% of maximum density in embankments, fills, and backfills, unless specifically noted
on the plans.
00330.80 Measurement—Excavation for the restroom facility, rain garden, connecting swale, and perimeter
sidewalk will not be measured.
00330.93 Excavation Basis Payment—
(a) General Excavation.......................................... ---------------------------------- ------- -------Lump Sum
Estimated quantity for excavation and embanktnent— 110 CY
Section 00350—Geosynthetic Installation
Comply with Section 00350 of the Standard Specifications or as modified.
00350.00 Scope — This work consists of furnishing and placing a geosynthetic root barrier along the
northern perimeter of the sidewalk to be removed and reconstructed. Contractor to install Typar Biobarrier
or approved equal. Approximate length—40 feet. Installation depth—24 inches.
350.90 Payment—
(a) Typar Rootbarrier or approved equal---___..........___............................_____...........Foot
Section 00405 —Trench Excavation. Bedding and Backfill
Comply with Section 00405 of the Standard Specifications.
Section 00440 - Commercial Grade Concrete
Comply with Section 00440 of the Standard Specifications or as modified.
37 1 Page
00440.13 Field-Mixed Concrete - Replace this subsection, except for the subsection number and title with
the following:
CGC mixed work items listed in 00440.14(a) may be field mixed conventionally, or by
volumetric/mobile mixers conforming to ASTM C 685.
When approved, concrete sidewalks, , and other flat concrete surfaces may be field mixed
using volumetric/mobile mixers conforming to ASTM C 685.
00440.14(b) Delivery Tickets -Replace the last sentence with the following:
Delivery tickets are not required for field-mixed concrete except when volumetric/mobile
mixers are used.
Section 00445—Sanitary, Storm, Culvert, Siphon, and Irrigation Pipe
Comply with Section 00445 of the Standard Specifications or as modified.
00445.00 Scope — This work consists of connecting a 4" sanitary sewer line using a saddle or inserta tee to
an existing 10" mainline.
Comply with all requirements of the current Oregon Plumbing Specialty Code.
00445.40 (d) Installation of Sanitary sewer Service Tees and Wyes—
Provide a compacted base of pipe bedding material under all tees, wyes, and branch fittings, extending to
the springline of the fittings.
Cap all service lines for sanitary sewers with watertight plugs or caps suitable for resisting the pressure of
hydrostatic or air testing.
The maximum line or grade change accomplished with any one fitting shall not exceed 45 degrees.
Bedding requirements shall be 3/4" x 0" around the entire pipe zone, which includes 4" below the pipe (To
undisturbed ground) and 6" above the top of the pipe.
All sanitary/storm service laterals must be marked with direct burial magnetic Tape, buried approximately
18 inches above the pipe. This tape shall be marked appropriately as to the type of service.
00445.91 Payment —The accepted quantities of pipe and related work items performed under this Section
will be paid for at the Contractor unit price,per unit of measurement, for the following items:
Pay Item Unit of Measurement
(a) 4 PVC Pipe, Sanitary Sewer,------------------------------------ ----------------- ------------Foot
(b) 4 PVC Pipe, Storm Sewer,------------------ -------------------------------------- ---------------Foot
(c) Connect to Existing 10 Inch Concrete Sanitary Pipe------------------------------- ,--Each
(d) Install 4 Inch Cleanout--- --------------------- Each
No separate or additional payment will be made for:
• Trench excavation, bedding,pipe zone material, and trench backfill for pipes.
38 1 Page
• Pipe plugs, stoppers, and other required bends and test tee(s)
• Concrete collars around storm drainage pipe
• Tracer wire
• Hydrostatic, air,joint, and deflection testing
• Shoring for connection to existing 10" sanitary sewer pipe and as necessary for trench safety.
00445.11 Materials -Pipe shall be PVC. Pipe and fittings shall conform to ASTM D-3034, SDR 35,
Section 00490—Work on Existing Sewers and Structures
Section 00490—Work on Existing Sewers and Structures
Comply with Section 00490 of the Standard Specifications or as modified.
00490.00 Scope — This work consists of joining new work to existing work. All sanitary taps shall be core
drilled using either a cylinder style hole saw (for plastic pipe material) or a diamond core bit (for concrete or
ductile iron.)
When installing Inserta Tee's or fabricated Indexed Tee Saddles the Main line shall be a minimum two pipe
sizes larger than the tap being installed. When this is not possible a manufactured Tee shall be cut in using
approved repair couplings.
Inserta Tees's are allowed when the mainline being tapped has a minimum wall thickness of.35" or greater.
(Ribbed and other profile ipe are measured from the interior wall to the outer edge of the rib or profile of
the pipe wall. Note: The Inserta Tee shall be made specifically for the size and type of pipe to be tapped.)
When the mainline wall thickness is less than .35" and Indexed PVC gasketed Saddle shall be used.
Prior to installation of the Inserta Tee or Indexed fabricated saddle, the area around the installation shall be
clean and free of all rough edges.
No rock, dirt or debris shall be allowed to enter the mainline from the core drilled hole.
Installation of Inserta Tees or Indexed fabricated saddles shall be per manufacturer's recommendation.
Section 00641 —Aggregate Subbase Base, and Shoulders
Comply with Section 00641 of the Standard Specifications.
Section 00759—Miscellaneous Portland Cement Concrete Structures
Comply with Section 00759 of the Standard Specifications or as modified.
00759.00 Scope — This work consists of furnishing, placing and finishing commercial grade concrete
sidewalk at the existing pathway and around the perimeter of the restroom facility upon completion of the
restroom structure.
Installation of the perimeter sidewalk, includes doweling in #3 rebar into the building footing @ 3 feet on
center. Dowel in bars to a depth of 4". Bar Length = 18". Perimeter concrete sidewalk to be 4" thick on
two inches of 3/4"-0" compacted aggregate base. Concrete shall be 3000 p.s.i. after 28 days, 6 sack mix, with
a slump range of 1-1/2"—3".
00759.90 Payment—The accepted quantities of structures will be paid for at the contract unit price, per unit
of measurement, for the following item:
391Page
(b)Perimeter sidewalk with #3 Rebar and Concrete pathway_......................_...Square Foot
No separate or additional payment will be made for:
• Aggregate base
• #3 rebar doweled into the facility footing.
Section 00960—Common Provisions for Electrical Systems
Comply with Section 00960 of the Standard Specifications or as modified.
00960.00 Scope —This work consists of furnishing and installing materials for electrical systems for the
proposed Restroom Facility. Contractor to install 3" PVC Schedule 40 conduit from an existing
transformer to the Meter Service and 3" PVC from the Meter Service to the Restroom Facility as identified
in the Construction Documents and the PGE plan.
Comply with PGE Electrical Service Requirements (ESR) 2014-2015. Refer to Section 6, Underground
Requirements for basic requirements for work to be performed from the transformer to the ineter. Comply
with current electrical codes for work to be completed from the meter to the restroom facility.
00960.90 Payment —The accepted quantities of work performed under this Section will be paid for at the
contract unit price, per unit of measurement, for the following item:
(a) 3" PVC Schedule 40 Conduit from Transformer to Meter Service,___________________________________Foot
(b) Safety Socket, EUSERC Post Mounted 308 Meter Service for 200 AMP 120/240V...... ach
(c) 3" PVC from Meter to Restroom................................................................Foot
Section 01030—Seeding
Comply with section 01030 of the Standard Specifications or as modified.
01030.00 Scope—The work consists of restoring the site to existing conditions, including contouring, upon
completion of all construction activities. Contractor is responsible for providing permanent erosion control
measures on exposed surfaces. Re-seed the exposed areas as required in the contract drawings or as
directed by the Engineer. Re-seeding is to be completed upon erection of the building.
01030.90 Payment — The accepted quantities of work performed under this Section will be paid for at the
contract unit price,per unit of measurement, for the following item:
(a) Site Restoration/Seeding------------------------------------------------ ------------------------- - Square Foot
Section 01040—Planting
Comply with Section 01040 of the Standard Specifications or as modified.
01040.00 Scope — The work shown consists of construction of a Low Impact Development (LIDA) water
quality facility. The work includes:
• Fine grading of the facility.
• Planting native trees, shrubs, and ground cover in the work area as specified in the plans.
• Placement of filter fabric, drain rock,growing medium, and jute matting as specified in the plans.
Comply with Clean Water Services Low Impact Development Approaches Handbook, dated July 2009.
40 1 Page
See attached City of Portland Stormwater Facility Topsoil Vendor&Hauler List.
01040.70 General — The Contractor is responsible for the survival of all plant material until the end of a
plant establishment period of one calendar year. The plant establishment period will begin when all the
original planting is complete. The original planting is considered complete when all the plant material has
been planted to the satisfaction of the Agency.
01040.71 Plant Care and Success Criteria — During the plant establishment period, maintain plants in a
vigorous growing condition by regularly doing the following:
• Watering and fertilizing sufficiently to promote growth.
• Weeding, cultivating,pruning, and repairing.
• Adjusting tree stakes and guys.
• Controlling weeds before they seed according to 01040.48.
• Removing dead or non-vigorous plants.
• Replacing missing plants.
• Re-mulching of plant bed areas.
The determination of a successful plant establishment period will be made at the end of the warranty period,
one year after project completion. A successful planting establishment for the final inspection is defined as
follows:
• All plants are surviving and have vigorous growth.
• Plants are free of insects and disease.
• Plants show signs of continuing health.
• Plants have not reached permanent wilting point.
Subsection 01070.72.A, which is not a Standard Specification, ins included for this Project by Special
Provision.
01040.72.A Maintenance Period — Contractor to maintain LIDA facility by removing weeds and invasive
vegetation for a period no less than 30 days after LIDA facility planting has been deemed complete by the
Engineer. Contractor to remove dead or dying vegetation prior to acceptance of the maintenance period
Contractor to coordinate end of maintenance period inspection with Greg Stout, Public Works Parks.
Contact: 503-718-2817.
01040.90 Payment —The accepted plantings and associated work performed under the Section will be paid
for on a lump suin basis.
Estimated quantities for the LIDA water quality facility are as follows:
• Growing Medium (Compost Amended Topsoil)--------------------------------- 25 cubic yards
• Drainage Gravel----------------------- ---------------------------------- -------- .............4 cubic yards
• Filter Fabric----------------------------------------------------------------- -------------------- 350 square foot
• Jute Matting------------------------------------------------------- ----------------------------------- 360 square foot
• Plugs------------------------------------------------------ --------------------------- ------ ........612 each
• Shrubs------------------ -------------- ------ -------_-------------- --------- 18 each
• Trees------------------------------- ---------------------------- ----------------- 2 each
411 Page
• Ground Cover Seeding........................................ _____________ _____________ ___ 1,250 square foot
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.
No separate or additional payment will be made for:
• Fine grading for LIDA facility and swale, soil amendments, Lime, gypsum, or trace minerals, soil
bio-amendments, fertilizer, herbicides, anti-transpirants, game repellent, pesticides, truck wraps, tree
stakes and ties, water, time released water, mulch material required as part of replacement planting
and corrective work during the plant establishment period.
Section 01120—Irrigation Systems
Comply with Section 01220 of the Standard Specifications or as modified.
01120.00 Scope — The work consists of installing irrigation systems and associated equipment at locations
shown or specified and as directed. Park irrigation parallels the north and side of the northern most
pathway adjacent to the restroom structure. The contractor is to re-route the mainline on the south side of
the pathway around the restroom facility at the direction of the Public Works Parks Department. See
Construction Plans for general layout of the irrigation system. Irrigation work to include cutting in tees,
adding bends, installation of 3" PVC Schedule 40 mainline, laterals, and sprinkler heads as determined in the
field. Approximate depth of existing irrigation mainline is 3 feet. Contractor to verify in the field and lay
new mainline at depth determined in the field.
01120.90 Payment —The accepted quantities of work performed under this Section will be paid for at the
Contract for at the Contract unit price,per unit of measurement, for the following item:
(a) 3"PVC Schedule 40, Fittings, and couplings with Class A Backfill---------_................Foot
No separate or additional payment will be made for excavation, backfill, control wire, valves, and system
orientation.
Repair of the existing irrigation system, damaged during construction, not identified above is considered
incidental to the Project Work.
01140—Potable Water Pipe and Fittings
Comply with Section 01140 of the Standard Specifications or as modified.
01140.00 Scope — This work consists of constructing 1-1/2" PVC Schedule 40 potable water pipe from an
existing backflow device on SW Lakeview Terrace to the proposed restroom facility. Connect to the
Restroom facility per Romtec Plans and Specifications. Connect new 1-1/2" PVC Schedule 40 waterline to
the existing potable water service to the drinking fountain in the play area as necessary.
Comply with all requirements of the 2011 Oregon Plumbing Specialty Code. Work to be performed by a
licensed plumber in the State of Oregon
01140.90 Payment — The accepted quantities of work performed under this Section will be paid for at the
Contract unit price,per unit of measurement, for the following items:
(a) 1-1/2 Inch Potable Water Pipe, Fittings and Couplings with Class A Backfill____________________Foot (*)
42 Page
(b) Connect to Existing Backflow Device------ -------------------------------- ----------------------------------------- Each
(c) Connect Existing Fountain Service to new 1-1/2 Inch Service Line__________________________________ Lump Sum
(*) Class B backfill to be used under Restroom facility slab and perimeter sidewalk per 00405.14(b).
Payment for Class B backfill is considered incidental.
No separate or additional payment will be made for:
• Trench excavation
• Bedding
• Pipe zone material
• Backfill work
• Detectable marking tape and wire
• Flushing, hydrostatic testing and disinfection, and water for testing
• Exposing and cleaning existing mains, cutting and removing existing pipe, draining existing mains,
disinfecting existing mains, and refilling existing mains.
01150—Potable Water Valves
Comply with Section 01150 of the Standard Specifications or as modified.
01150.00 Scope —This work consists of installing a 14"x19" Valve Box, Insolation Valve and System Drain
Valve near the south side of the Restroom Facility. Location to be determined in the field prior to
installation.
Comply with all requirements of the current Oregon Plumbing Specialty Code. Work to be performed by a
licensed plumber in the State of Oregon.
01150.90 Payment —The accepted quantities of work performed under this Section will be paid for at the
Contract unit price,per unit of measurement, for the following items:
(a) Install 14"x19"Valve Box, 1-1/2 Inch Isolation Valve and System Drain Valve ______Luing Sum
No separate or additional payment will be made for earthwork not covered under other pay items, jointing,
blocking of valves, protective coatings,valve boxes,valve stem extensions, and hydrostatic testing.
Section 01180—ROMTEC Restroom Facility
Section 01180,which is not a Standard Specification,is included for this Project by Special Provision.
01180.00 Scope—This work consists of constructing a rock pad to finish grade for the ROMTEC
Restroom Building as identified in the construction drawings.
ROMTEC Design Drawings are available to review prior to submitting quote. Contact Joseph Barrett, City
of Tigard Contracting and Purchasing Department, to obtain a copy of the plans.
01180.90 Payment—Rock pad to be paid for under the General Excavation line item.
43 1 Page
ATTACHMENT G
OREGON BOLI-PREVAILING WAGE RATES
May be downloaded from hW// tegongov/b h/WHD/PWR/P ees/lanuy 2015 lndex.asR
441 Page