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HomeMy WebLinkAbout2014-113 Contract - Pilot Rock Excavation CITY RECORI ER Page 1 / 1 G IT Y' O F DATE.', . PO NUMBER ASHLAND ® 20 E MAIN ST. 5/27/2014 12263 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 010462 SHIP TO: Ashland Public Works PILOT ROCK EXCAVATION (541) 488-5587 650 E PINE STREET SUITE 102B 51 WINBURN WAY CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept: Req. Del. Date: Contact: Morgan Wavman Special Inst: Confirming? No Descri tion. .':::Unit Price.:;.. ..Fxt.Price . Project includes: SupplVinq all labor, 997,995.00 equipment and materials necessary to construct the TAP Emerqencv Intertie Project: Phase 1 - including but not limited to the following approximate quantities for major work items: 16 inch DIP Waterline (9,000 LF), 16 inch Gate Valve, (5), Water Meter Vault Assembly (1 lump sum) and Fire Hvdrant (1 Each). City of Ashland Public Improvement Contract TAP Emerqencv Intertie Project - Phase 1 Effective date: May 24, 2014 Completion date: June 27, 2014 Emergency Procurement Approved bV Council April 22, 2014 997 995.00 BILL To: Account Payable SUBTOTAL TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 997,995.00 ASHLAND, OR 97520 Account Numtier' . Project Number r"Amount,' Accourit Number ~ .'.Project Number- - -Amount E 670.08.15.00.70420 E 200808.120 997.995.00 AUthoLure ' Signature VENDOR COPY FORM #3 C-I T Y OF A reque8t for a Purchase Order ASHLAND REQUISITION Date of request: 5/27/2014 Required date for delivery: ASAP Vendor Name Flint Rork Fxravatinn Inc Address, City, State, Zip 65n F Pina St cantml Pant fho9n Q7.09 Contact Name & Telephone Number Fax Number Rand LeBaron. 541$64-9288 - FAX: 541-664-9218 SOURCING METHOD ❑ Exempt from Competitive Bidding ® Ememencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ® Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ® Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ VerballWdtten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Wdtten quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Farm #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intemovemmental Agreement $5.000 to $75.000 ❑ Agency ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Wdtten quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Project Includes: Supplying all labor, equipment and materials necessary to construct the TAP a Emergency Intertie Project; Phase 1. -Including but not limited to the following approximate ~K; 5 quantities for major work items: 16 Inch DIP Waterline (9,000 LF), 16 Inch Gate Valves (5), Water , Meter Vault Assembly 1 Lump Sum and Fire H drant 1 Each). $.997 995 00'= Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quotelproposal Project Number 2008.08 Account Number: 670.08.15.00.704200 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By signing this `reeggJuisition form, I certify t t~ fhe City's public contracting requirements have been satisfied. Employee: u~ Department Head: 2 / (Equ I taor greaterthan$5,000) Department Ma erlSupervisio City Administrator: s/y qual to or greater than $25,000) Funds appropriated for current fiscal year. S / NO Finance Director-(Equal rgreaterthan$5,000) Date Comments: Forth #3 - Requisition CITY OF FORM #13 ASHLAND EMERGENCY PROCUREMENT Greater than $5,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught Date: 4-8-2014 Re: Emergency Procurement - Written Findings and Reauest for Authorization Document the emergency: TAP emerzencv construction: Due to sustained drought conditions, dramatically lower snow pack levels for the Ashland watershed and the fact that TED plans to curtain its service in mid September of this year staff believes that emergency procurement of construction services for TAP will allow the City to meet its water needs by late summer or early fall of 2014. Council recently approved an emergency procurement process for engineering services related to the TAP line and staff will generally follow the same procedure for construction. Document solicitation process: The described method will use competitive bidding. The City in concert with RH2 Engineers will directly select between three and five bidders that meet the following criteria: Satisfactory performance on contracts for the City of Ashland (or other City's within in Jackson County, Oregon) on similar work. Satisfactory history of performance working in Oregon State Highway rights-of-way. Demonstrates adequate capacity relative to bonding, insurance, equipment, personnel and resources to accomplish the contemplated work within the anticipated time frame. Is pre-qualified with the City of Ashland to perform the work. Demonstrates ability to work closely with owners and engineers to develop and implement cost saving and/or time saving measures that benefit the public. Demonstrates concern for and eagerness to address matters related to public safety and convenience. Selected bidders will be given two weeks to respond once the intent to bid is released. The City will select the lowest responsive bidder at the end of the selection period. Form #13 -Emergency Procurement- Written Findings and Request for Approval, Page 1 of 2, 5127/2014 Emergency procurement will better enable the City to address the size and technical complexity of the public improvement: The proposed methodology will limit the bidders to those that meet the above criteria in order to assure bidders are technically competent to perform this work Emergency procurement will better enable the City to control the impact that market conditions may have on cost and timing: On time completion at a competitive cost is important to the City and will be achieved through the described method for bidder and contractor selection. Of the bidders selected to receive invitations to bid, each will be deemed equally qualified The City intends to award the contract for construction to the contractor that submits the lowest bid The public receives a net benefit: The benefits of this emergency procurement that are identified herein result in a benefit to the public because the City is adopting a competitive approach. Bidding will control costs through competition. Preselecting a limited number of local bidders will help assure that the job is done in a timely, workmanship like manner, and with a local contractor in accordance with the provisions of"C 2.50.020. The project will make appropriate use of value engineering techniques: Through utilization of a contractor that is familiar with the local conditions and can coordinate with the consulting engineer and City to identify materials, construction techniques, subcontractors and equipment that assure work meets the City's quality standards, is accomplished at the lowest cost and in a timely manner. Emergency procurement will reduce the risks to the contracting agency: The City has completed at least one contracting experience, free of delay or defects, with the selected bidders on similar work within the last three years. Amount of Emergency Contract: $ TBD Written Order Emergency Procurement is being authorize) lb~y the City Administrator as specified by this written order. Authorized by: \ a.~rt~ f~ - Date: S/z7l ly City Administrator /Public Contracting Officer Report Emergency Procurement to the City Council: Yes / No Note: Emergency Procurements equal to or greater than $100, 000 for Goods and Services and equal to or greater than $75, 000 for Personal Services will require Council approval. Form #13 - Emergency Procurement- Written Findings and Request for Approval, Page 2 of 2, 5/27/2014 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL April 22, 2014 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Rosenthal, and Marsh were present. NEW AND MISCELLANEOUS BUSINESS 1. Talent Ashland Phoenix Pipeline Intertie Project update City Administrator Dave Kanner introduced a video regarding Ashland's water supply. Mandatory conservation would not work at this time, the reservoir was full, and there was no place to store the water. The snowpack was the lowest the area had ever seen. In previous drought years, the City supplemented the water supply with Talent Irrigation District (TID) water. This year TID was planning to shut water off in September because they did not have enough to sustain customers until the rains returned in the fall. Ashland needed 1.5 million gallons a day (mgd) to meet basic needs along with another 1 mgd in the streams for fish. It was possible there would not be enough water to meet basic needs and that was the impetus in expediting the Talent Ashland Phoenix (TAP) Intertie Project. Public Works Director Mike Faught explained Council needed to approve the emergency construction of the TAP pipeline, using restricted fund monies associated with the Park Estates Pump station for the project, and grant the City Administrator contracting authority in excess of $100,000 for project construction and the ability to sign the State Revolving Loan for $2,970,000. Jeff Ballard, the consulting engineer from RI-12 explained his background and company's expertise. The project was aggressive and challenging and he was confident they would meet the August deadline. The permitting process with the Rail Road, Army Corp, Oregon Department of Transportation (ODOT) and the Oregon Health Authority (OHA) were underway. RI-12 had better defined the project since March and established multiple options to ensure they met the target date for completion. The permit process was the most complicated part and pipe installation the easiest to accomplish. The increase in cost was due to creating the engineering estimate in a short timeframe prior to having all the information. Costs also included a 30% contingency because RI-12 at that time was not confident they could complete the project by August. Mr. Faught explained how the price went from $2,300,000 to $4,400,000. Increasing the flow from 1.5 mgd to 2.13 mgd was $400,000, the Pump Station was $150,000, upgrading pipe to ductile iron cost $250,000, the standard construction index for inflation was $210,000, and additional costs to move the project forward as an emergency project was $325,000. Engineering Services Manager Scott Fleury added the contract contained a $600 fine per day for liquidated damages. r Mr. Ballard explained the regional booster pump station was designed to meet the capacity of Ashland at 1.5 mgd in 2000. Because Ashland did not tie on at that time, the controls were not set up to deliver that volume of water. They will modify the programming at the pump station to change the operation of the four pumps located at that facility. The communication and telemetry at the location was outdated and needed upgrading and was not included in the project due to the aggressive timeline. TAP would utilize the Talent pump station to pump water to Ashland and would require modifications to deliver 1.5 mgd or 2.13 mgd. The current lines were sufficient to carry 2.13 mgd. Capacity was directly proportional to velocity. Two 12-inch pipes came off the Talent pump station, split, and eventually connected to 16-inch pipeline. Even at 3 mgd the velocity was tolerable but not recommended, 2.13 mgd was fine. The City would have to upgrade pipe on their end for 3 mgd capacity and it would be expensive. Staff wanted options for 3 mgd for possible upgrades in 2060. Mr. Ballard clarified RH2 had redundant management in place to serve in Mr. Ballard's place if needed. Kindler Stout/130 Orange Avenue/The public was not informed regarding project costs or present and future rate increases to pay for the project. He thought the public might get behind the project after a season of shortage. He had issue with the word "emergency." The use of the word was designed to frighten the public and he equated it to extra costs. He urged Council not to advocate control of the water system out of town. Cate Hartzell/881 East Main/Explained she opposed the project for years. Climate change predictions were being confirmed. TAP increased dependence on sources that would experience snow pack issues as well. The Water Master Plan talked about long-term solutions involving storage and conservation. She had issues with borrowing against capital projects and thought the $600 fine a day invited mistakes. Fear was motivating this response. B.G. Hicks/190 Vista Street/Provided his background in geology, water wells, and the forest service. The City should conduct small scale testing for wells and research trapping the water that ran over the dam. Ashland had excellent underground reservoirs. Additionally a major geological consulting firm should be employed to do a study on wells and ground water. He questioned whether the town could afford two full supply systems. Connecting to TAP could endanger Ashland's future use of ground water. Ashland had the potential for water and ground water currently not understood. Mr. Ballard explained RH2 had the experience to minimize risk for projects in expedited timeframes. Mr. Faught added a City project manager would be involved as well. If Council did not approve the project, they would stop the project, continue with the engineering, and move it to its scheduled time in 2015. Several projects were postponed to cover the expedited costs for the TAP pipeline and avoid raising rates. Staff was looking into permanent pumps and had diesel pumps secured as a back-up option. In the unlikely event the project was not in place, staff was developing multi-department contingency plans that included public notification, not planting new plants, and encouraging the public to do the same. Mr. Faught clarified the City had a robust conservation plan in place but a severe drought was about curtailment and not conservation. Councilor Marsh/Slattery m/s to approve an emergency construction procurement of the TAP pipeline. DISCUSSION: Councilor Marsh explained the project was about building redundancy. The City was not obligated to purchase water. This was a way to provide multiple options for assuring the City could provide water to the community. Councilor Slattery added this was moving a project in the Water Master Plan up one year for sound reasons. Councilor Lemhouse agreed with Councilor Marsh and reiterated TAP was about redundancy. Had Council moved on this six years ago the City would not be in the position it is today. Rates might increase but to not do something that was in the best interest of City's public safety due to rates was a difficult call. Councilor Voisin clarified that $325,000 of project costs was actually to pay for the water. She questioned whether the City could afford two water systems in TAP and Reeder Reservoir. Councilor Morris responded there was only one water system with two sources of water for the system. Roll Call Vote: Councilor Voisin, Morris, Lemhouse Slattery, Rosenthal, and Marsh, YES. Motion passed. Councilor Slattery/Lemhouse m/s to approve re-obligating Park Estates Pump Station monies of 2.4 million to the TAP project. Roll Call Vote: Councilor Marsh, Rosenthal, Voisin, Morris, Slattery, and Lemhouse, YES. Motion passed. Councilor Lemhouse/Rosenthal m/s to grant the City Administrator contracting authority in excess of $100,000 for construction of the TAP pipeline. Roll Call Vote: Councilor Slattery, Lemhouse, Marsh, Voisin, Morris, and Rosenthal, YES. Motion passed. Councilor Morris/Lemhouse m/s to grant the City Administrator authority to sign a State Revolving Fund loan agreement in the amount of $2.97 million. DISCUSSION: Councilor Rosenthal noted the assurances provided were based on signs the project would be completed and hoped Council would not operate this loosely going forward in other endeavors. Roll Call Vote: Councilor Marsh, Rosenthal, Slattery, Lemhouse, Morris, and Voisin, YES. Motion passed. ADJOURNMENT Meeting adjourned at 8:30 p.m. Dana Smith, Assistant to the City Recorder John Stromberg, Mayor 1 1 PUBLIC IMPROVEMENT CONTRACT, BID DOCUMENTS & TECHNICAL SPECIFICATIONS FOR PUBLIC WORKS 1 CONSTRUCTION 1 PROJECT: 1 TAP EmerQency Intertie Project - Phase 1 1 "This project is funded in part with the Safe Drinking Water Revolving Loan Fund that is co-administered by the Oregon Business Development Department - Infrastructure Finance Authority and Oregon Health Authority - Drinking Water Program" 1 1 CITY OF ASHLAND 1 1 DEPARTMENT OF PUBLIC WORKS 20 EAST MAIN STREET (mail) 51 WINBURN WAY (delivery) ASHLAND OR 97520 1 541/488-5587 (voice) - 541/488-6006 (fax) 1 City Proiect Number: -2008408- t t =g 1 Project Name: TAP Emergency IntertteProiect Phase€1 Project Location: Jackson County Project Type: Waterline Installation s~ Project Completion: June127 2014 In-Water Work Period: Mandatory Pre-Bid Conference: Apri1A020i14 (-t2 X00 mf~ 1 Proposals Due by:Mava82014 ii2 OOom Submit Bid Proposals to the Identified Morton Waxman SeniorP.roiectManager 1 Project Manager: Crt-y -'d" c 'T 1 Foreword The documents and forms which are attached, or for which provisions are made, must be used in ' submitting proposals for the TAP Emergency Intertie Project - Phase 1 for the City of Ashland, Oregon, as covered by the Oregon Standard Specifications for Construction, 2008 ' edition, Oregon Department of Transportation and American Public Works Association, Oregon Chapter and other appurtenant specifications where indicated. The Technical Specifications in Part III of this Invitation to Bid govern if there is a conflict between those specifications and the Oregon Standard Specifications far Construction. t These bid and contract documents, specifications, and plans, although bound separately, are made a part of the complete document with the same force and effect as though all parts and plans ' referred to were under one binding. Should addenda to the specifications become necessary and be issued prior to the date of receiving ' bids, they shall be deemed a part of the Special Provisions. In addition to City of Ashland fees and rates, this project is funded in part with the Safe ' Drinking Water Revolving Loan Fund that is co-administered by the Oregon Business Development Department - Infrastructure Finance Authority and Oregon Health Authority - Drinking Water Program. ' 07 I A. 5/h/ 34 9:59A)I Z:\&nhcll\IAn\COA\11114.1))\Specs\Pan I Rid Dnnuneon-TAP P-,,Ph- l - RmixJ05.02.14.Aoc ' D201; 11112 F nlnncvnng Inc. 1 ' Introduction and Table of Contents ' Contract documents are listed below. Documents are either attached or bound separately and available from the Project Manager. All Documents bound separately are incorporated into the Contract documents and have the same force and effect as though set forth in full herein. ' PAGE ADDENDUM No. 1 A ' PART I - BID & CONTRACT DOCUMENTS NOTICE TO CONTRACTORS / INVITATION TO BID .........................................................................................311 PROPOSAL AND BID SCHEDULE (Proposal & Bid Schedule) ...........................................................................5-12 FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM .......................................................................................13 ' BIDDER RESPONSIBILITY DETERMINATION FORM .......................................................................................14 PUBLIC IMPROVEMENT CONTRACT 15 CERTIFICATIONS OF REPRESENTATION ...........................................................................................................18 ' SAFE DRINKING WATER REVOLVING LOAN FUND REQUIRED DOCUMENTS.. 19 CONSTRUCTION CONTRACT CLAUSES .............................................................................................................19 SD WRLF - LABOR STANDARD GUIDELINES ....................................................................................................28 CERTIFIED PAYROLL REPORTING FORMS ........................................................................................................40 ' CONTRACTOR/SUBCONTRACTOR AGREEMENT .............................................................................................42 APPENDIX F ..............................................................................................................................................................46 APPENDIX G .............................................................................................................................................................47 EPA FORM 6100-4 .....................................................................................................................................................53 ' EPA FORM 6100-3 .....................................................................................................................................................55 EPA FORM 6100-2 .....................................................................................................................................................57 SIX GOOD FAITH EFFORT DOCUMENTS ............................................................................................................59 ' DAVIS BACON GENERAL DECISION NUMBER.................................................................................................61 STANDARD TERMS AND CONDITIONS [EXHIBIT A[ 68 1. Contractor is Independent Contractor 68 2. "Subcontracts and Assignment 68 3. No Third Party Beneficiaries .........................................................................................................................68 4. Successors in Interest ....................................................................................................................................69 5. Contract Documents ......................................................................................................................................69 ' 6. Contractor's Representations ........................................................................................................................69 7. Drug Testing [ORS 279C.505(2)] .................................................................................................................69 8. Notice to Proceed ..........................................................................................................................................70 9. Suspension of the Work ................................................................................................................................70 10. Early Termination .........................................................................................................................................70 11. Payment on Early Termination ......................................................................................................................71 ' 12. Remedies .......................................................................................................................................................71 13. Access to Records .........................................................................................................................................71 14. Ownership of Work .......................................................................................................................................71 ' 15. Compliance with Applicable Law .................................................................................................................72 16. Registration with Construction Contractor's Board ......................................................................................72 17. Prevailing Wages/ BOLI Fee ........................................................................................................................72 18. Hours of Labor /Overtime limitation [ORS 279C.5201 [ORS 279C.540] [ORS 279C.5451 .........................73 ' 19. Medical Care and Workers Compensation [ORS 279C.530] .......................................................................73 20. Retainage .......................................................................................................................................................74 21. Progress Payments .........................................................................................................................................74 ' 22. Final Estimate and Final Payment .................................................................................................................76 23. Change Orders / Extra Work .........................................................................................................................77 a 5/6/14 9 59 1 opinccnng, Inc %:\ItoiLCll\DUU\COA\1014"033\Spcc"\11101 Rid I)oclnncn~- 1AP Proµct Phssc I - Rmu'cd (1iD2.14doc ® 2014 NH2 I 1 24. Contractor/Subcontractor Payment Obligations ............................................................................................78 ' 25. Inspection and Acceptance ............................................................................................................................79 ' 26. Liquidated Damages ......................................................................................................................................79 27. Liability, Indemnity and Hold Harmless .......................................................................................................79 28. Insurance .......................................................................................................................................................80 29. Bonds / Notice of Bond Claims .....................................................................................................................80 ' 30. Two-Year Warranty ......................................................................................................................................81 31. Nondiscrimination in Labor ..........................................................................................................................81 32. Construction Debris and Yard Waste [ORS 279C.510] ................................................................................81 ' 33. Environmental Regulations [ORS 279C.525(1)] ( list of federal, state and local agencies) ..........................81 34. Waiver ...........................................................................................................................................................83 35. Errors .............................................................................................................................................................84 ' 36. Governing Law 84 37. Severability ...................................................................................................................................................84 38. Attorney's Fees .............................................................................................................................................84 ' 39. Business License ...........................................................................................................................................84 40. Notices/Bills/Payments .................................................................................................................................84 41. Conflict of Interest ........................................................................................................................................85 , 42. Merger Clause ...............................................................................................................................................85 COMPLIANCE WITH APPLICABLE LAW [EXHIBIT B] Bound Separately PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS [EXHIBIT C] ....................................88 CERTIFICATION STATEMENT [EXHIBIT D] .......................................................................................................90 ' BONDS [EXHIBIT E] .................................................................................................................................................92 1. Surety Bond ...................................................................................................................................................92 2. Performance Bond .........................................................................................................................................94 3. Payment Bond ...............................................................................................................................................96 ' CERTIFICATION OF SUBSTANTIAL COMPLETION [EXHIBIT F]. : 98 CERTIFICATE OF COMPLIANCE [EXHIBIT G] .................................................................................................100 CONTRACTORS RELEASE OF LIENS AND CLAIMS [EXHIBIT H] ................................................................101 CERTIFICATE OF FINAL COMPLETION [EXHIBIT 11 ......................................................................................102 , INSTRUCTIONS TO BIDDERS [EXHIBIT 11 ........................................................................................................103 CITY OF ASHLAND NONDISCRIMINATION AND EQUAL OPPORTUNITY POLICY FOR CONTRACTORS [ATTACHMENT A] Ill ' PART II - GENERAL CONDITIONS GENERAL CONDITIONS .....................................................................................................................................117 SP110 Organization, Conventions, Abbreviations, and Definitions ..............................................................1 17 ' SP120 Bidding Requirements and Procedures ...............................................................................................117 SP130 Award and Execution of Contract .......................................................................................................120 SP140 Scope of Work ....................................................................................................................................121 SP150 Control of Work & Valdez Principles ................................................................................................121 , SP160 Source of Materials .............................................................................................................................127 SP165 Quality of Materials ............................................................................................................................127 SP170 Legal Relations and Responsibilities ..................................................................................................127 ' SPI80 Prosecution and Progress ....................................................................................................................131 SP190 Measurement of Pay Quantities ..........................................................................................................134 SP195 Payment ..............................................................................................................................................134 SP196 Payment for Extra Work .....................................................................................................................136 ' SP 197 Payment for Force Account Work ......................................................................................................137 SP199 Disagreements, Protests and Claims ...................................................................................................137 In the event of a conflict, Supplementary Conditions control over all Standard Specifications and other ' contract documents. To the extent Standard Specifications and other contract documents conflict, the more w 5/6114 959 A>I Z:\RnLdI\Ihd\COA\IOH 033\Sp AN,, IPid Dncmncnn - TAP ProKn Phuc I- Rc,i,d 0in214 .doc ' 0 2014 RH2 En®neenng Inc. ' restrictive requirement or provision shall control, except where otherwise noted in the contract documents, addenda, or amendment. ' PART III - TECHNICAL SPECIFICATIONS TEMPORARY FEATURES AND APPURTENANCES .....................................................................................141 ' SP210 Mobilization ........................................................................................................................................143 SP220 Accommodations for Public Traffic ...................................................................................................143 SP225 Work Zone Traffic Control .................................................................................................................145 SP280 Erosion and Sediment Control ............................................................................................................150 ' SP290 Environmental Protection ...................................................................................................................152 ROADWORK ......................................................................................................................................................153 SP305 Construction Survey Work (Requires 00150 to establish survey responsibilities) .............................153 SP310 Removal of Structures and Obstructions ............................................................................................154 SP320 Clearing and Grubbing .......................................................................................................................154 SP330 Earthwork (May require 00235) .........................................................................................................154 SP340 Watering .............................................................................................................................................155 ' DRAINAGE AND SEWERS ..................................................................................................................................155 SP405 Trench Excavation, Bedding and Backfill ..........................................................................................155 SP406 Tunneling, Boring, and Jacking ..........................................................................................................156 SP440 Commercial Grade Concrete (Requires 02030) .................................................................................156 ' SP442 Controlled Low Strength Materials ....................................................................................................156 SP495 Trench Resurfacing .............................................................................................................................156 BASES ............................................................................................................................................................157 SP610 Reconditioning Existing Roadway 157 SP640 Aggregate Base and Shoulders ...........................................................................................................157 WEARING SURFACES .........................................................................................................................................157 SP730 Emulsified Asphalt Tack Coat ............................................................................................................157 ' SP744 Minor Hot Mixed Asphalt Concrete (MHMAC) Pavement (Requires 00730) ...................................158 SP759 Miscellaneous Portland Cement Concrete Structures (Requires 00440 May require 02830) .............161 PERMANENT TRAFFIC SAFETY AND GUIDANCE SYSTEMS ..................................................................161 SP850 Common Provisions for Pavement Markings .....................................................................................161 ' SP860 Longitudinal Pavement Markings - Durable .......................................................................................161 SP867 Transverse Pavement Markings - Legends and Bars .........................................................................161 PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS .....................................................162 SP905 Removal and Reinstallation of Existing Signs ...................................................................................162 ' WATER SUPPLY SYSTEMS ................................................................................................................................162 SP01140 Potable Water Pipe and Fittings ........................................................................................................162 SP01150 Potable Water Valves .......................................................................................................................163 SP01160 Hydrants and Appurtenances ............................................................................................................163 SP01170 Potable Water Service Connections, 2 Inch and Smaller ..................................................................163 MATERIALS ......................................................................................................................................................163 SP2420 Metal Pipe ..........................................................................................................................................163 ' SP2470 Potable Water Pipe Materials ............................................................................................................163 SP2475 Potable Water Fitting Materials .........................................................................................................164 SP2480 Potable Water Valve Materials ..........................................................................................................165 SP2485 Hydrant and Appurtenance Materials .................................................................................................166 ' SP2490 Potable Water Service Connection Materials, 2 Inch and Smaller .....................................................166 SP2640 Shoulder Aggregate ............................................................................................................................166 SP2910 Sign Materials .....................................................................................................................................166 SP3020 Erosion Materials ................................................................................................................................168 ' PART IV - PLANS - BOUND SEPARATELY Project Plans iv ' 516/14 9:59 AM Z:\B.,h01\1h.\C0A\1014 -033\5P«.\P.n IRld n(INOfnb-'I AP Pmµv Ph.,e 1-Rn;ad0 02.14A,, 0 2014 M 12 Hnhnumm~~, L¢. 1 PAGE LEFT INTENTIONALLY BLANK 1 1 1 1 v 5/6/14 9:59 AM Z:\Pmhcil\Iho\COd\1014 033\SPecs\Pcn 1 Bid Ducumcnu - TAP Pm',ct Phase 1 - Rni?ed 03 0214 doc ® 21114 M2 Engncxdn& Inc 1 1 ' City of Ashland ' TAP Emergency Intertie Project - Phase 1 ADDENDUM NO. 1 ' Issued. May 6, 2014 To All Contract Document Holders: ' You are hereby notified of the following changes, deletions, additions, corrections, and clarifications to the plans, specifications, and other documents comprising the Contract Documents for the City of Ashland TAP Emergency Interne - Phase 1 project. 1 Clarifications 1. Is any hail of1he original bidhackage to be used daring bidding? The Contract Documents consist of the following: Part I - Bid & Contract Documents, Part II - General Conditions, Part III - Technical Specifications, & Part IV - Plans. Addendum ' No. 1 replaces Parts I, II, & III of the Contract Documents in their entirety. Addendum No. 1 revises Part IV - Plans of the Contract Documents as indicated below. Discard the original Part I, II, & III of the Contract Documents and replace with the attached documents. ' Bid $ Contract Documents, General Conditions, & Technical Specifications 1. Bid Package ' The following changes have been made to the Contract Documents: a) The Safe Drinking Water Revolving Loan Fund has several documents that are required to be included in the Contract Documents, those documents have been added. See pages 19-67. b) The following modification was made: ' 00140.30 Agency-Required Changes in the Work-Add the following to the end of this subsection: ' Change Orders are to be in written form and need to have the Funding Agency's review and written approval prior to acceptance. ' c) The following modifications were made: 00406.12 Casing - Replace the paragraph that begins "Furnish casing of a size...." ' with the following: Vi ' 5/6/14 9:59 AM %:Uimhd1\D..\C0A\1014 -033\specs\Port Mid Doauna~u-TAP['-,cl Ph., l- Rc,i,d OS 01.14 do, 0 2014 IW? Lnginamig loc. 1 1 Furnish 30" diameter, smooth steel casing, 3/8" wall thickness, suitable for the purpose ' intended. 00406.45 Smooth Steel Casing - Delete the sentence that begins "Fill the void , between...." Add the following to the end this subsection: , Furnish casing insulators as manufactured by Calpico, Inc., model M-8, or approved equal. Install casing insulators in accordance with manufacturer's instructions. 1 d) A Buy America clause was added to the following sections: 00160 SOURCE OF MATERIALS ' 02470 POTABLE WATER PIPE MATERIALS 02475 POTABLE WATER FITTING MATERIALS ' 02480 POTABLE WATER VALVE MATERIALS 02485 HYDRANT AND APPURTENANCE MATERIALS ' e) The following modification was made: 02470.29 Ductile Iron Pipe (a) General: The following sentence was added to the ' end of this subsection: Ductile iron pipe shall have been manufactured within two years of the date of Notice ' to Proceed. Plans ' 1. Sheet 1 of the Plans (Dwg. No. G01) (a) Note added to the sheet to indicate funding source per Safe Drinking Water Revolving Loan , Fund requirements. (b) Note added to the sheet regarding Buy America requirements. ' 2. Sheet 15 of the Plans (Dwg. No. D03) (a) Bore Casing Detail was modified. ' vii ' 5/6/14 959 A\i Z/\IimLd1\1h.\COA\1014 033\Spec\Pul I Bid Dimnmen~-'L\PP.nje,, Ph.,e I- Rmisd 05.02.14 do, 0'_014 U12 En®neenng, Inc. 1 ' Attachments 1. Contract Documents Parts I, II and III - Bid and contract documents, General Conditions and Technical Specifications (Addendum No. l) (5/6/2014) 2. Revised Plans - Cover Sheet (Dwg. No. G01) & Detail Sheet (Dwg. No. D03) 1 End revisions forAddendum No. 1 Addendum No. 1 is hereby made a part of the Contract Documents, and its terms and conditions are ' fully binding on the Contract Document holder. He/she shall acknowledge receipt of Addendum No. 1 by signing in the space provided below and attaching it to his/her proposal. Accepted }Sts=`~'~ p~-~S Date: A 4 ' Contractor/Representative (Include in Bid Packet) ' This Addendum No. 1 must be acknowledged on the Proposal and Bid Schedule forms, page 9 paragraph 33. ' CITY OF ASHLAND Jeff Ballard, RH2 Engineering ' Issued May 6, 2014 Viii ' 3/61119:59 A.\I Z:\anIho11\IAn\COA\1014-033\S,,,\Pcn I Bud Documcnrs- TAP P...icc, Phesc l- Rci,d 05U2.14dnc 0 2014 11112 fnpnncnng Inc 1 PAGE LEFT INTENTIONALLY BLANK 1 LC i/6/I4 9:59 AM %:\RniLdl\Ihn\[OA\IOIL033\Spec+\PVrl 111iJ Doaunuih-TAP Pmjca ❑hme L0.m~xJ Oi.02 U.Jx ' 0 2014 RI1217 needog Inc. 1 ' CHECKLIST FOR BID SUBMITTAL ' 1. Bid Schedule • Fill in bidder information on first page • Indicate amount of total base bid in paragraph 8 ' • Indicate amount of bid bond on paragraph 19 • Indicate bidder status on paragraph 26 ' • Indicate number of addendum received on paragraph 33 • Fill in bidder information and sign paragraph 37 • Fill in unit prices and amounts for all bid items ' • Fill in total bid amount 2. First Tier Subcontractor Disclosure Form • Fill in this form and include with bid schedule (or within 2 hours of closing). CHECKLIST FOR CONTRACT SUBMITTAL ' 1. Standard Public Improvement Contract • Fill in contractor data and certification on page 2 and 3 of the contract form • Sign on page 3 of the contract form ' 2. Certifications of Representation • Check all items that apply and sign ' 3. IRS Form W-9 4. Exhibit D - Certification Statement for Corporation as Independent Contractor ' 5. Performance Bonds (City of Ashland & ODOT) • Provide on form provided (or approved surety form) • ODOT performance bond to be in amount of $20,000 ' 6. Payment Bond • Provide on form provided (or approved surety form) 1 X ' 3/6/149:59 AM %:\Rmbe11\1%.\COA\101-033\Specs\N.I Bid 1).... v-TdO Pmjea Phv,,l - Rn6,W 0.i.12.14.doc 02014 M2 P_n®nvvnng Inc. 1 t PAGE LEFT INTENTIONALLY BLANK ' 1 1 1 5/6/14 9~59 1 i ' 2014 M 1dpi %:AIloTLClIADanVCOAVIOIA-OIIASpk Vert 1 Hid Donumcnls-'fAP Project Plnx 1 -0.mittd US 112.1{Joc 0 ® 201A IU 12 Enbnmmnnq Inc. 1 PART I ' BID & CONTRACT DOCUMENT 2 i/6/24 7.4i AM 2024 7.1121 ~~nnwnng inc. L.\Hnihcll\Dad\LOAUOIJ-ui}\SPccs\Pan T Rid Dncnm...... V Pmlca Phvu I - R,,,,l 05 02.14A, ' 0 1 CITY OF ASHLAND ' DEPARTMENT OF PUBLIC WORKS ASHLAND, OREGON ' NOTICE TO CONTRACTORS / INVITATION TO BID TAP Emergency Intertie Project ' Summer 2014 Notice is hereby given that Sealed Bids for furnishing all materials, equipment, labor, and services for the TAP 1 Emergency Intertie Project - Phase 1 will be physically received by Morgan Wayman, Senior Project Manager, Siskiyou Conference Room, Ashland Community Development, 51 Winburn Way, Ashland, Oregon, (mailing ' address: 20 E. Main Street, Ashland OR 97520), until 2:00 PM on May 8, 2014, at which time proposals will be publicly opened and read. Bids physically received after this time will not be considered. All bids received prior to the due date and time and in proper form will be publicly opened and read in the Siskiyou Conference Room at the time set forth above as the deadline for receipt of bids, and thereafter bid documents, shall be ' made available for public inspection. This project is funded in whole or in part through the Safe Drinking Water Revolving Loan Fund. Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to ' examine them carefully in preparing their bids. This project is public work and is subject to both Davis-Bacon Wage Determinations and Oregon prevailing wage ' rates in accordance with ORS 279C.800 to 279C.870. Pursuant to the 2014 Congressional appropriations bill for the Safe Drinking Water programs, none of the Financing Proceeds may be used for any part of the Project unless all of the iron and steel products used in the project are ' produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. t Under the provisions of ORS 279B.080-Emergency Procurements, which apply to this project, only City invited bidders are eligible to bid on this project. The City will invite bidders based on the following criteria: • Satisfactory performance on contracts for the City of Ashland (or other City's within in Jackson County, 1 Oregon) on similar work. • Satisfactory history of performance working in Oregon State Highway rights-of-way. ' • Demonstrates adequate capacity relative to bonding, insurance, equipment, personnel and resources to accomplish the contemplated work within the anticipated time frame. • Is pre-qualified with the City of Ashland to perform the work. • Demonstrates ability to work closely with owners and engineers to develop and implement cost saving ' and/or time saving measures that benefit the public. • Demonstrates concern for and eagerness to address matters related to public safety and convenience. The Contractor is responsible for obtaining a permit from the Oregon Department of Transportation (ODOT) to ' complete this project. Bidders are required to attend a pre-bid conference on Wednesday, April 30, 2014, at 2:00 pm. Pre- ' bid conference will be held at 51 Winburn Way, Ashland Oregon. 1 3 5/6/14 7A.5 Adl %:\N,1h,1PDae\CDA\10144Oj\S,,,\NO Idid Dol--,.-'IAI'P,w,, Ph...I- Roi,d 0,i,112.1.1 d.c ' 0 2014 RI121?nF nredng Inc 1 t The General Character of the work for this Project includes: supplying all labor, equipment, and materials necessary to construct TAP Emergency Intertie Project - Phase 1 including but not limited to the following ' approximate quantities for major work items: • 16 Inch Ductile Iron Waterline-9,000 LF • 16 Inch Gate Valve-5 Each ' Water Meter Vault Assembly -1 Lump Sum • Fire Hydrant - 1 Each ' Contract Documents, including plans and specifications, may be examined after April 24, 2014 at the following offices: ^7i ,ftOliCiVfiJY.=r rJO~i ~U;.`I ' 1. City Engineering Office City of Ashland 51 Winburn Way 20 E Main Street (mailing Address) ' Ashland OR 97520 541/488-5347 ' Copies of the plans and specifications may be obtained at the City Engineering Office, 51 Winburn Way, Ashland Oregon. No bid shall be received or considered unless the bidder is registered with the ' Construction Contractor's Board. Bidders shall pre-qualify as provided by ORS Chapter 279CA30 and in accordance with the Standard Specifications for Public Works Construction, Oregon Chapter of APWA, for all classes of construction. ' Pre-qualification applications must he received by the City of Ashland prior to the opening of the bids. All proiects in excess of $50,000.00 require the Contractor to pay prevailing wage rates. This contract requires the bidder to comply with both Davis-Bacon Wage Determinations and Oregon's Prevailing Wage Rates. ' By Order of the City Council Ashland, Oregon ' Mike Fought Public Works Director 1 ' 4 5/6/147:45 MI Z:\Boihdl\Daw\COA\1014033\SP ,\N,, 1 Bid Documcnb-TAP Pmjct 1'huc 1- Rcikd 05.03.14ilnc ' 0 2014 R112 El,,m annr, Inc. City of Ashland, Oregon PROPOSAL AND BID SCHEDULE ' TO FURNISH ALL PERMITS, LABOR, TOOLS, MACHINERY, MATERIALS, TRANSPORTATION, , EQUIPMENT AND SERVICES OF ALL KINDS REQUIRED FOR THE CONSTRUCTION OF THIS PROJECT FOR THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, AS STATED IN THE COMPLETED BID SCHEDULE, ALL IN ACCORDANCE WITH THE CONTRACT DOCUMENTS, PLANS, SPECIFICATIONS, AND DRAWINGS WHICH ARE ON FILE AT THE CITY OF ASHLAND, ' CITY HALL, 20 EAST MAIN STREET, ASHLAND, OREGON 97520. NAME OF BIDDER Pilot Rock Excavation, Inc. CONTACT TZArmD 1_.e Eoc3/-zf-I 1`j ADDRESS (oSb ~(1 N 57. 5-T~ 1 ~~Lv CITY WYL~ 1'Y- ST/ATE Ore- ZIP4~~ Z ' TELEPHONE NO. 6f-4 9?-?> E,> FAXNO. %Z105 ' EMAIL ADDRESS ra f i4 6 PILr>f-i ex , c.VfL ' To the Honorable Mayor and City Council City Hall City of Ashland ' 20 East Main Street Ashland, Oregon 97520 . In response to competitive bidding, this PROPOSAL is submitted as an offer by the undersigned to enter into , a contract with the City of Ashland for furnishing all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the construction of the T Emergency Intertie-Project - Phase (hereinafter "Project") for the City of Ashland, ' Oregon, as shown in the contract documents on file at City Community Development Building, which are a condition of this Offer as though they were attached. This offer is subject to the following declarations as to the acts, intentions and understandings of the undersigned and the agreement of the City of Ashland to the terms and prices herein submitted. ' 1. The undersigned has familiarized themselves with the nature and extent of the Contract Documents, project work, site, locality, general nature of work to be performed by City or others at the site that ' relates to the project work required by the Contract Documents, local conditions, and federal state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the project work. ' 2. The undersigned has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigation, exploration, tests, and studies which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the t cost, progress, performance, or furnishing of the project work as Contractor deems necessary for the performance and furnishing of the project work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents; and no additional or 5 ' 5/6/14 7:45 A.\I Z:\B.1h,H\Dmv\COA\ 1014-033\S,,r,\N,n I Bid Dnvn~oeon-TAP Pmjea Phu. 1 - Ha.i,d 05,02.14.d., ® 2014 8112 [ngimm~ng Inc. 1 1 1 ' supplementary examinations, investigations, explorations, tests, reports, or similar information or data are or will be required by Contractor for such purposes. ' 3. It is understood that the City shall investigate and determine the qualifications of the apparent low responsive bidder prior to awarding the contract. The City shall reject any bid by a nonqualified or disqualified bidder. The City reserves the right to reject any bid not in compliance with all prescribed ' public bidding procedures and requirements. Furthermore, The City reserves the right to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City in accordance with ORS 2798.100. ' 4. Evaluation of bids will be based on minimum requirements established by the specifications and compliance with conditions of the Notice to Contractors and Invitation to Bid, and compliance with City public contracting rules. Additional evaluation criteria are as follows: Bids will be compared on ' the basis of base bid prices. 5. The deadline to file a written protest or request, pursuant to Instruction to Bidders to change contract terms, conditions or specifications is not less than ten 10 calendar days prior to bid opening. Bid ' closing may be extended by the City to consider a protest or request. 6. All of the contract documents, including all plans, specifications, and drawings have been examined and an examination of the site of the proposed work, together with such investigations as are ' necessary to determine the conditions to be encountered have been made by the undersigned and the terms and conditions of the contract and solicitation documents are hereby accepted, and that if this Offer is accepted, the undersigned will contract with the City of Ashland, Oregon, in a form substantially similar to that attached Agreement and agree to be bound to the terms and conditions of ' said contract and solicitation documents. 7. It is understood that the contract drawings may be supplemented by additional drawings and ' specifications in explanation and elaboration thereof and, if they are not in conflict with those referred to in paragraph 1 above, they shall have the same force and effect as though they were attached and they shall be accepted as part of the contract when issued. 8. The undersigned agrees that upon written acceptance of this bid s/he will, within ten working days, of receipt of such notice, execute a formal contract agreement with the City. The undersigned further agrees that s/he will provide the following in order to execute the contract: a. Performance Bond and Corporate Surety Payment Bond, both in the amount equal to 100% of the awarded contract; b. $20,000 Performance Bond payable to the Oregon Department of Transportation; c. Certificates of Insurance for Liability and property damage coverage; d. Certificates of Coverage for Workman Compensation and unemployment insurance; ' e. All other bonds, permits, licenses, etc. as required in the contract documents. 9. The following base bid, not to exceed: p, VN/NL` Hilut)I?~/2r~/!~/,k.~'e~r~ S~~(~fJ rJkul. 1//f.//.'~ Dollars ~7. ~~l is proposed for this project as described in the Contract Documents. ifuu Crew> N1KE'Zy r-ty4t~- 10. All items in the Bid Schedule have been completed in full by showing a unit or lump sum price or ' prices for each and every item thereof. The price per item shall be clearly shown in the space provided. The pricing shall be extended to show the total when required. 11. It is understood that all the work will be performed under a lump sum or unit price basis and that for ' the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall be furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named ' for the actual quantities incorporated in the completed work. If there shall be an increase in the 6 5/6/1I7A5AM Z,A5mhd1AD..A(:0AVIOI4 033\S,-AP-I Mid D...... ¢-TAPP-,cvPh,,cI- Re6,,d 0500.14&,c ' 0NIT 8112 Hnpn-n ,Inc. 1 amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for ' which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. ' Furthermore, it is understood that any estimate with respect to time, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the undersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other person, firm or corporation ' responsible for any errors or omissions that may appear in any estimate. 12. The undersigned submits the unit prices as those at which he will perform the work involved. The extensions of the column headed "ITEM TOTAL" are made for the sole purpose of facilitating bid , comparisons and if there are any discrepancies between the unit prices and the total amount shown, the unit prices shall govern. 13. The undersigned agrees to furnish labor, tools, machinery, materials, transportations, equipment and ' services of all kinds required for, necessary for, or reasonably incidental to, construction of this Project with all appurtenant work as required by the plans and specifications of this Offer for the unit or lump sum prices in the "BID SCHEDULE". ' 14. In stating prices, it is understood that the prices include all materials and work required to complete the contract in accordance with the plans and specifications. If any material, item or service required by the plans and specifications has not been mentioned specifically in the "BID SCHEDULE", the , same shall be furnished and placed with the understanding that the full cost to the City has been merged with the several prices stated in the "BID SCHEDULE." 15. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all ' other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. 16. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract ' attached within ten days, deliver surety bond or bonds as required, and deliver required proof of insurance. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become the property of the Owner in the event the contract and bond are not ' executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. 17. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder, acknowledges that ' provisions of ORS 279C.800 - 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a) bidder agrees to comply with the Davis-Bacon Act requirements. "Prevailing Wage Rates for Public Works Contracts , in Oregon," which are incorporated herein by reference, and can be accessed at: http://www.oregon.gov/BOLI/WHD/PWR/pwr-book.shtml 18. The undersigned shall furnish bonds require&by the specifications and comply with the laws of the , Federal Government, State of Oregon and the City of Ashland which are pertinent to construction contracts of this nature even though such laws may not have been quoted or referred to in the ' specifications. 19. A pa Z this Offer is a certified check, cashier's check or id bond for the sum of payable to the City of Ashland, Ore s being an amount for ten , e ent ]d o of the total base bid based upon the estimate of quantities at the above price according to the conditions of the advertisement. If this Offer is accepted by the City and the undersigned fails to execute a satisfactory contract and bonds as stated in the Advertisement within ten (10) working days from the date of notification, then the City may, at its option, determine that the undersigned has ' 7 5/61147:.In AJI Z:\Bothc1I\Da"\C0,\\I1) 14 -033\Spcc,\PU" I Ihd D-.-.n,-TAP Pmiccl 1'haa I -Re,,,,d 05.02.14.doc ® 2014 RI121?oRineeovg Inc. 1 1 abandoned the contract and there upon this Offer shall be considered null and void, and the bid security accompanying this Offer shall be forfeited to and become the property of the City of Ashland. If the bid is not accepted, the bid security accompanying this Offer shall be returned to the undersigned. 20. The undersigned agrees to comply with the provisions of ORS 279C.800 to 279C.870, the Oregon ' Prevailing Wage law. The undersigned, as bidder, acknowledges that provisions of ORS 279C.800 - 279C.870 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 U.S.C. §276a), bidder agrees to comply with the Davis-Bacon Act ' requirements. The undersigned Contractor agrees to be bound by and will comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. [OAR 137-049-0200(1)(a)(J)]. ' 21. The undersigned certifies that the undersigned Contractor is not ineligible to receive a contract for a public work pursuant to ORS 279C.860. Bidder further agrees, if awarded a contract, that every subcontractor will be eligible to receive a contract for a public work pursuant to ORS 279C.860. 22. The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. The bidder understands and acknowledges that it may be disqualified from bidding on this public improvement project as set forth in OAR 137-049-0370, including but not limited to City discovery a ' misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 23. The undersigned agrees that the time of completion shall be defined in the specifications, and further, the undersigned agrees to initiate and complete this Project by the date stated below. • The work shall be commenced within 15 working days after receipt of the written Notice to Proceed. • The work shall be completed in all respects no later than June 27, 2014 ' The undersigned agrees that the "Time of Completion" shall be as defined in the specifications and that the bidder will complete the work within the number of consecutive calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner. Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter, the amounts shown in Standard Conditions, for each day the project remains incomplete. 24. The undersigned bidder is registered with the Oregon Construction Contractors Board (CCB), the registration is current and valid, and the bidder's registration number is stated below. [OAR 137-049- 0230(1)] Bidder understands that failure to have a current CCB license shall result in rejection of this bid. ' 25. The undersigned bidder is licensed by the State Landscape Contractors Board, if applicable, the license is current and valid, and the bidder's registration number is stated below. [OAR 137-049- 0200(1)(a)(K)] Bidder understands that failure to have a current LCB license shall result in rejection of this bid. 26. In determining the lowest responsible bidder, City shall, for the purpose of awarding the contract, add a percent increase on the bid of a non-resident bidder equal to the percent, if any, of the preference ' given to that bidder in the state in which the bidder resides. "Resident bidder" of Oregon means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the ' bid that the bidder is a "resident bidder" of the State of Oregon. The undersigned represents him/her 8 5/6/14 7:4i AM 7\14nhell\Do\COA\1014-033\Spa\P..Ilaid O...-TAPPmµai Phe1- Roundo5.0214.dO ' ®2014 R1121iny nrcnng inc. 1 self in this bid to be either a Resident or a Nonresident bidder by completing the appropriate blank ' below. • The Bidder is _x or is not _ a resident Bidder as defined in ORS 279A.120. ' 27. The undersigned hereby represents that no Councilor, Commissioner, officer, agency or employee of the City of Ashland is personally interested directly or indirectly in this Contract or the compensation ' to be paid hereunder and that no representation, statement or statements, oral or in writing, of the City, its Councilors, Commissioners, officers, agents or employees had induced him/her to enter into this Contract, and the papers made a part of its terms. 28. The undersigned has not directly or indirectly induced or solicited any person to submit a false or 1 sham bid or refrain from bidding. The undersigned certifies that this bid has been arrived at independently and submitted without connection with any person, firm or corporation making a bid for the same material and is, in all respects, fair and without collusion or fraud. , 29. The undersigned confirms that this firm has a Qualified Drug Testing Program for employees in place and will demonstrate this prior to award of contract. SOAR 137-049-0200(1)(c)(B)I. ' 30. The undersigned confirms that if this contract involves asbestos abatement or removal, the bidder is licensed under ORS 468A.710 for asbestos removal. Asbestos abatement is not implicated in this contract. ' 31. The City of Ashland may waive minor informalities, reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding that it is in the public interest to do so. ' 32. The undersigned confirms that this offer is not contingent upon City's acceptance of any terms and conditions other than those contained in the Solicitation and Contract documents. 33. The bidder understands that the City reserves the right to make changes to the Notice to Contractors Invitation to Bid and the resulting contract by written addenda, prior to the closing time and date. The City will not mail notice of addenda but shall publish notice of any addenda on City's website and ' post the notice of addenda at Community Development. www.ashland.or.us The addenda may be downloaded or picked up at Community Development, 51 Winburn Way, Ashland, Oregon. The bidder must check the website and Community Development bulletin board frequently until closing. The bidder acknowledges that the Addendum(s) listed below have been reviewed online or a copy , obtained and considered as part of the submittal of this Offer and Bid Schedule. ADDENDUM NUMBER f THROUGH Y HAVE BEEN REVIEWED. ' 34. The bidder understands that the City will be awarding the contract to the Responsible Bidder with the lowest Responsive Bid. OAR 137-049-0200(1)(b)(C). Whether a bidder is responsible will be , determined by ORS 279C.375 and the City's completion of the attached Bidder Responsibility Determination Form. - 35. Instructions for First-Tier Subcontractors Disclosure. - ' Bidders are required to disclose information about certain first-tier subcontractors (those subcontractors contracting directly with the bidder) when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, $15,000, whichever is greater or , (ii) $350,000 regardless of the percentage of the total project bid, you must disclose the following information about that subcontract within two working hours of bid closing: • The subcontractor's name; , 9 5/6/14 tai AM 7-\IknhdAM.\C0A\101+033\S, e,\ran I BO 1ACUmenn -TAP Pmkn Phase I - Redxd 6 0214 J 0? 14 MI?Lnh narng Inc. 1 • The subcontract dollar value; • The subcontractor's category of work ' *See the enclosed First-Tier Subcontractor Disclosure Form If you will not be using any subcontractors that are subject to the above disclosure requirements, you are required to indicate "NONE" on the form. Failure to submit this form by the disclosure deadline will result in a non-responsive bid. A non-responsive bid will not be considered for award. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM ' WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING. THIS DOCUMENT SHALL NOT BE FAXED. IT IS THE RESPONSIBILITY OF BIDDERS TO ' SUBMIT THIS DISCLOSURE FORM AND ANY ADDITIONAL SHEETS BY THE DEADLINE. SEE INSTRUCTIONS TO BIDDERS. The disclosure should be submitted on the First-Tier Subcontractor Disclosure Form attached to this Invitation to Bid. 36. The Bidder agree to comply with the following Buy American clause: Pursuant to the 2014 Congressional appropriations bill for the Safe Drinking Water programs, none of the Financing Proceeds may be used for any part of the Project unless all of the iron and steel ' products used in the project are produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. ' 37. Bidder Information and Signature Pilot Rock Excavation, Inc. G. Firm Name of Bidder Signature of Bidder/ C7KJ'- Printed Name of Bidder ' F'F_i~FSfPC nJ-r Official Title o2 C-:7 G o~ t57r ' State of Incorporation CCB Number IT' ' Dated this day of / t 2014. Name of Bidder Pilot Rock Excavation, Inc. Address X50 e Poi E sT s-re 102[5, 6'e"TIzA.L_ 1`7 biz-- Telephone No. 541 1~(_1 5Z oe? ' 10 5/6/14 7A5 d.\I G\BdhcII\gU\C0A\11114 Oll\SPcc.\Part 1 Bid IM cent, - TAPPnjca PFazc 1-Rc, ird 05.0214 dx ' 0 W14 RI 12 Gpneenng Inc. 1 1 TAP Emergency Intertie Project - Phase 1 ' Project No. 2008-08 Bid Schedule ITEM DESCRIPTION OTY, UNIT UNIT PRICE AMOUNT ' NO. FIGURES TEMPORARY FEATURES AND APPURTENANCES (Part 00200) 10 Mobilization I LS 2r-, 20 Work Zone Traffic Control, Complete E1 LS r~ 6b~ 30 Erosion & Sediment Control 1 LS I ZS8 I e ROAD WORK (Part 00300) ' 40 Construction Survey Work 1 LS 50 Asphalt Pavement Sawcuttinn 3330 LF , S b S , DRAINAGE AND SEWERS (Part 00400) 60 Tunneling, Boring and Jacking 1 Ls 70 Trench Resurfacing 1120 SY BASES (Part 00600) 80 Aggregate Shoulders 500 TON Zb PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES (Part 00800) , Thermoplastic, Non-Profile, 120 Mils, 940 LF 90 Extruded -3/ 76 0 i , PERMANENT TRAFFIC CONTROL & ILLUMINATION SYSTEMS (Part 00900) 100 Remove and Reinstall Existing Signs 1 LS~ WATER SUPPLY SYSTEMS (Part 1100) 110 16 Inch Potable Water Pipe, Fittings and 6813 LF gQ 5~1's o4 o ' Couplings with Class B Backfill ~ ~ r. Icy r ~ 16 Inch Potable Water Pipe: 'Fittinps'aii& ` 120 Couplings with Restrained Joints and Class 174 ,yLF I I Za, B Backfill 130 16 Inch Potable Water Pipe, Fittings and 1744 LF S J 2-40, Couplings with Class E Backfill 16 Inch Potable Water Pipe, Fittings and ~r , 140 Couplings with Restrained Joints and Class 274 LF 34 G.5 E Backfill 1 150 16 Inch Connection [0 16 Inch Existing I EA Main I 11 5/6/14 7:45 AM G\BoM1eO\pao\CO:At11114-013\Slxcs\Pon 1 Bid thmmvns-TAP 1§ojca Phase I - R i,N 05.0214,d 02014 8112 gngnming. Inc. 1 160 16 Inch Gate Valve 5 EA 4b uzz, ' 170 Water Meter Vault Assembly I LS T 30 6-4,Tz 1 Inch Combination Air Release/Air /5 5D-D 180 Vacuum Valve Assembl 5 EA / `7, ' 190 Hydrant Assemblies 1 EA 7"-v. 7 ✓ v U 200 Water Sample Station 1 EA 3 D-bM 31 ' TAP Emergency Intertie Project - Phase 1 Base Bid Total: Not to Exceed $ 99 41 r ' 12 5/6/14 7:45 AM %:\Bothnll\Da \COA\1014,4?1\Sptcs\PVrt I aid pommunv-TAP]Wjcc, No, I-Rc,-d 05,01.14.d.c ' 0 2014 8112 EV.,cc , Inc. 1 CITY OF ASHLAND FIRST-TIER SUBCONTRACTOR ' DISCLOSURE FORM PROJECT NAME: T/t'P L ME24~NG'-{ ) IUT~+e~E Fiz0jE7eT"94. j- ' PROJECT ZzcS ^ alts BID CLOSING: Date: 5 ) Time: Frt, This form must be submitted at the location specified in the Invitation to Bid on the advertised bid closing date and ' within two working hours after the- advertised bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and , that is required to be disclosed, the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED.) , NAME DOLLARVALUE CATEGORY OF WORK j3or7_4"4 2. $ 3.1F 21Z S $ (,17~&Tm. ~~TCHihLI' ' 4. $ , Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not be considered for award. ' Form Submitted By (Bidder Name): Pilot ROCK Excavation, Inc. Contact Name: 1VCrV v LL3,k-re_ou Phone Number: 4 ' 13 3/6/14 "Mi AM ZABo1n11\H.\C0A\1014-033\Splc,\Na IM D.cunrenrs-TAPPmKm Ph.,c 1- Rn,,nd 03.02.14.doc ® 2014 Rp2 FnRincvdng Inc. ' 1 ' BIDDER RESPONSIBILITY DETERMINATION FORM To be filled out by the City and submitted to the CCB Project Name: Bid Number: ' Business Entity Name: CCB License Number: Form Submitted By (Contracting Agency): ' Form Submitted By (Contracting Agency Representative's Name): Title: Date: ' The contracting agency has (check all of the following): ❑ Checked the list created by the Construction Contractors Board under ORS 701.227 ' for bidders who are not qualified to hold a public improvement contract. ❑ Determined whether the bidder has met the standards of responsibility. In so doing, ' the contracting agency has found that the bidder demonstrated that the bidder: ❑ Has available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and ' expertise, necessary to meet all contractual responsibilities. ❑ Holds current licenses that businesses or service professionals operating in this state must hold in order to undertake or perform the work specified in the ' contract. ❑ Is covered by liability insurance and other insurance in amounts required in the solicitation documents. ' ❑ Qualifies as a carrier-insured employer or a self-insured employer under ORS 656.407 or has elected coverage under ORS 656.128. ❑ Has disclosed the bidder's first-tier subcontractors in accordance with ORS ' 279C.370. ❑ Has a satisfactory record of performance. ❑ Has a satisfactory record of integrity. ' ❑ Is legally qualified to contract with the contracting agency. ❑ Has supplied all necessary information in connection with the inquiry concerning responsibility. ' ❑ Determined the bidder to be (check one of the following): ❑ Responsible under ORS 279C.375 (3)(a) and (b). ❑ Not responsible under ORS 279C.375 (3)(a) and (b). ' (Attach documentation if the contracting agency finds the bidder not to be responsible.) ' Contractor Date 14 5/23/I4 9:30.1.\f %:\I1mLv0\Ihu\1=0A\I0I4 -033\Sp«>\ISrt I IliJ Diwumrnc -TAP Pmlea Phase 1 - Rcvi,nl (15,02.14 d« 0 2014 Wit En,.n rg, Inc. ~~T• ° F CITY OF ASHLAND ~ LANDS ' L_I PUBLIC IMPROVEMENT CONTRACT TAP Emersency Intertie Proiect - Phase 1 1 Project No. 2008-08 This Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter "City" ) and - Pilot Rock Excavation, Inc. (Hereinafter "Contractor"). The City's Project Manager for this Contract is Morgan Wayman, Senior Project ' Manager, City of Ashland Public Works Department. WHEREAS, City caused to be prepared a certain bound Project Manual or Bid Package ' (including but not limited to Invitation to Bid, Bid Schedule, Bid forms, Bid, Performance and Payment Bonds, as applicable, Public Improvement Contract, Contract Standard Terms and Conditions, Conditions, General Provisions, Technical Specifications, Drawings, and Addenda ' No. I through No. I , more particularly described in Standard Condition 5, (hereinafter referred to as "Contract Documents") for its project entitled "t!AP Emernenc. Intertie Project - ' P.h~' ahh" and WHEREAS, Contractor did on the 8 h day of Ma""'it4, file with City a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and ' agree as follows: 1. Recitals ' The recitals set forth above are true and correct and are incorporated herein by this reference. ' 2. Effective Date and Duration This contract is effective on May 24, 2014, or on the date at which every party has signed this ' contract, whichever is later. The work under this contract shall, unless otherwise terminated or extended, be completed on or before June 27, 2014. ' 3. Statement of Work 15 ' 5/23/14226 AJI %:\PwLeO\M1.\C0A\11114-033\Specs\CnnsnucdonGunmen- TAP Pn,jea plane I-05.23,14. 1,c 02014 RI 1213npne g, Inc. 1 1 The work under this contract is for TAP Emergency Intertie Proiect - Phase 1, including waterline ' installation, water meter vault assembly installation and appurtenances as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in the Contract ' Documents. Contractor acknowledges receipt of all Contract Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights , to plead misunderstandings regarding the same. Contractor shall, at its own risk and expense, perform the work described in the Contract ' Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this TAP Emer e~ncy Intertie Proiect - Phase I for the City of ' Ashland, Oregon, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for ' such work shall not shift to the City until written acceptance of the work by the City. 4. Consideration ' a. City agrees to pay Contractor, at the times and in the manner provided in the Contract ' Documents, a sum not to exceed: nine hundred ninety-seven thousand, nine hundred ninety- five dollars and zero cents ($99 for accomplishing the work required by this contract, including allowable expenses. This fixed sum cannot be modified except by Change ' Order approved in writing by City and Funding Agency. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in Section 21, Standard Terms and Conditions. , b. City certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Contractor understands and agrees that City's payment ' of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make ' payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to , Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE ' Business Name (please print): Contact Name: Phone: Fax: Address: ' Do Not Write Federal and State Tax ID Numbers on this Agreement: One copy of W-9 is to be submitted with the signed contract to be kept on file in the City of Ashland Finance Department. Ashland Business License # Construction Contractors Board # ' Citizenship: Nonresident alien Yes No 16 , 3/23/14 926 A\1 %:\Ibth U\Dan\COA\1u F1.033\Spcx \Constmc6on Cnnmct -TAP Pmjmt Phsc I - 0333.I4Joc ® 2014 M 12 F_nginming, Inc. 1 1 ' Business Designation (check one): Individual Sole Proprietorship Partnership Corporation Government/Nonprofit ' The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided above. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the Standard Terms and Conditions For Public Improvement ' Contracts (Exhibit A) together with Exhibits B through J together with all other Contract Documents as described in Standard Terms and Conditions Section 5 below, and the separately bound Oregon 2008 Standard Specifications for Construction, as amended by the City of ' Ashland's most recent Addenda to the 2008 Standard Specifications are an integral part of this contract and agree to perform the work described in the Contract Documents, including Exhibit A, in accordance with the terms and conditions of this contract. I further understand the City is ' prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of perjury and false swearing, that I/my business am/is not in violation of any Oregon tax ' laws; I further certify that the certification and representations in Standard Term and Condition # 16 [CCB Registration Requirements] are true and correct, and further I certify that I am an ' independent contractor as defined in ORS 670.600. Signed by Cont Signature/Title Date ' Printed Name: R/4NG NOTICE TO CONTRACTOR: This contract does not bind the City of Ashland unless and until it ' has been executed by the Public Contracting Officer or designee as well as City Finance and Legal Department representatives. ' 7Z~) ~ CITY OF ASHLAND SIGNATURE Appro J1q Dave Kanner, City Administrator, City of Ashland Date - Authorized by Ordinance 3013 and Delegation Order dated June 22, 2010 ' Coding: Reviewe : ave Lo , City Attorney (approved as to legal form) Date 1 ' 17 5/23/I4 926 AM LA\ ffie11\w\C0A\I0I4033\Spcm\C,,nsuuamm(:unma- TAP Pn,ccr Phase I-0523.IA.dac 0 2013 11112 Enginmrinp, Inc. 1 1 . ~ 1 . _ 1 1 1 1 1 1 ' CERTIFICATIONS OF REPRESENTATION ' Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be ' issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject ' to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the ' Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional ' standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. ' Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract ' documents, and has checked four or more of the following criteria: X (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ' x (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. ' X (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission ' insurance or liability insurance relating to the or or services to be provided. Pilot Rock Excavation, Inc. ' Contractor Da e 18 5/6/14 7:4i A\1 ZA&)fli0A1%M\CDA\I1114 W)`,Spec\Pam 1 Bid Do men¢- TAPProjectPlisse I- Re%ivd Oi.112MA(e ' ®91N RII?Rngineenng lz. 1 Safe Drinking Water Revolving Loan Fund Required Documents ' Construction Contract Requirements , for Recipients of Safe Drinking Water financing CCR Registration and DUNS number are required for all entities that enter into direct contracts with the recipients ' of Safe Drinking Water Revolving Loan funds CCR Registration: SAM www.sam.gov/portaUpublic/SAM/ DUNS Number htto://www.dnb.com/pet-a-duns- number.html NOTE: The CCR registration expires annually and must be kept active , until the SDWRLF ro ect is closed Language to be included verbatim in construction contracts according to any accompanying instructions , Clauses required in all Contracts ' ❑ Equal Employment Opportunity (language to be included in all construction contracts and subcontracts in excess of , $10,000:) "Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of ' Labor regulations (41 CFR chapter 60)." ❑ Whistleblower "Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies ' provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d)." (language to be included in all construction contracts and subcontracts) ❑ Source of Funds (language to be included in all construction contracts and subcontracts) , "Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds. " ❑ Suspension and Debarment (language to be included in all construction contracts and subcontracts) ' "Contractor certifies that it is not debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension", and shall not contract or permit any subcontract at any level with any party similarly excluded or ineligible. A list of excluded parties is , available in the Excluded Parties List System at www.epls.gov, under "search records"." ❑ Copeland "Anti-Kickback" Act (language to be included in all contracts and subcontracts for construction ♦ : X11\J IyVn.• "Contractor shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. 847) as supplemented in Department of ' Labor regulations (29 CFR part 3)." ❑ Intellectual Property (language to be included in all construction contracts and subcontracts:) "Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, , publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors under this contract, or ' developed under contract with the Contractor specifically to fulfill Contractor's obligations related to this contract." ❑ Inspections; Information (language to be included in all construction contracts and subcontracts:) 19 , 5/6/14 7:4i A\I Z:\amhe11\Iho\C0A\I0H.033`,SP i`dian I Bid Dx.,.,-TAP P.,pa Plow I- Redtid 05.02.14.d,m 0 '_014 RI121:1, mnng Inc 1 ' "Contractor shall permit, and cause its subcontractors to allow [insert name of water system Owner], the State of Oregon, the federal government and any party designated by them to: ' • Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project. • Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding ' receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. • Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. ' Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed. ' ❑ Disadvantaged Business Enterprises (language to be included in all construction contracts and subcontracts:) Recipient will implement the good faith efforts for solicitation and contracting with Disadvantaged Business Enterprises ("DBE") described in Section 4.1 of the Safe Drinking Water Handbook. This applies to all solicitation and ' contracting for construction, equipment, supplies, engineering or other services that constitute the Project financed by this Contract. Recipient will maintain documentation in a Project file and Disadvantaged Business Enterprises. Recipient will implement the good faith efforts for solicitation and contracting with Disadvantaged Business Enterprises ("DBE") described in Section 4.1 of the Safe Drinking Water Handbook. This applies to all solicitation and ' contracting for construction, equipment, supplies, engineering or other services that constitute the Project financed by this Contract. Recipient will maintain documentation in a Project file and submit required forms, as described in Sectio 1 of the Safe Drinking Water Handbook. Recipient will ensure that all prime contractors and ' subconctors implement the good faith efforts for solicitation and contracting, and comply with all DBE procurement forms, statements, and reporting requirements. If the Loan exceeds $250,000, Recipient agrees to apply the current regional fair share objectives. Recipient will ensure that each procurement contract (prime plus all subcontractor contracts) includes the following term and condition: ' 'The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material ' breach of this contract which may result in the termination of this contract or other legally available remedies." ' Recipient will ensure that all prime contractors and subcontractors implement the good faith efforts for solicitation and contracting, and comply with all DBE procurement forms, statements, and reporting requirements. If the Loan exceeds $250,000, Recipient agrees to apply the current regional fair share objectives. ' (Include the following forms, found in the IFA Preconstruction Packet:) • DBE Six Good Faith Efforts and Form ' ❑ Buy American (language to be included in all construction contracts and subcontracts:) ' Pursuant to the 2014 Congressional appropriations bill for the Safe Drinking Water programs, none of the Financing Proceeds may be used for any part of the Project unless all of the iron and steel products used in the project are produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps ' and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 20 5/6/14]]5 AM Z\a,hdl\Oau\COA\1014 Ull\Sp ,\Pon I Hid Donunems-rAP Pmica Plus. l - Raimd Oi.0214Juc ' 0 1114 R1121inlinadng Inc. 1 ❑ Federal Labor Standards ' (language to be included in all construction contracts and subcontracts:) Prevailing Wage Requirements. ' "Construction projects assisted in whole or in part with the Safe Drinking Water Revolving Loan Fund Program (SDWRLF) must be carried out in compliance with Federal Davis Bacon and Related Acts and the Oregon Bureau of ' Labor and Industries (BOLT) requirements. Contractor shall pay each worker employed in the performance of this contract not less than the higher of the wage rate for the type of work being performed as set forth in either the Oregon Prevailing Wage "Prevailing Wage Rate for Public Works Contracts in Oregon" or the applicable federal Davis-Bacon Wage Decision. Contractor shall download a U.S. Department of Labor Employee Fair Compensation , Notice and post it at the work site along with a list of locally prevailing wage rates. Contractor shall prepare and submit weekly Certified Payroll Reports on forms to be supplied by Oregon Business Development Department. Contractor shall permit access to construction site in order to conduct on-site interviews with workers during ' working hours." (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not ' less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is , attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(1b)(2) of the Davis- ' Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and ' mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § S.S(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each , classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and ' accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labors web site, www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, ' which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage ' determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage ' rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage , determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The ' Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification 21 /6/ IA ]qi d\1 7 \Bmhd1\IAe\C0L\101+033\S,,,\Nn I Bid Daumcnis -'r.\1' Pnj a Pha.c I - Rc.{,a 050214 Jm ONI IJ M12 F-91.,r Inc. 1 t request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. ' (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award ' official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. ' (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. ' (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may ' require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized ' representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including ' apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work ' and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe ' benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the ' actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. ' (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether ' or not the project is in compliance with the requirements of 29 CFR 55(a)(1) based on the most recent payroll 22 5/6/147V.5 A.1I L:\BotLdl\Dmv\COd\lol}5133\Spccs\PVO1 Bid Doa,mev5-TAP Pmj,ct lb,s 1- R,,,,d 0i 02.14 doc ' ©2014 RI l2 En,& .,Inc. 1 copies for the specified week. The payrolls shall set out accurately and completely all of the information required to ' be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number ' for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and ' subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or t audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or , subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: , (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part S, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part S, and that such information is correct and complete; ' (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that ' no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe ' benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH- 3347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal , prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section , available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be ' necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- 1 (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program , registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an ' apprenticeship program, who is not individually registered in the program, but who has been certified by the Office 23 5/6/I4 7A, AM 7:\amhrll\DVb\CO,\\IOIM43\Sptts\PVrI I Md Doc.-,, TAO Omjca O6zs I - R,,-d 0502.I4,dne 0 M41012 gineedng Inc ' 1 1 ' of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire workforce underthe registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the ' job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates ' (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice ' classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, ' Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid ' fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any ' trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be ' permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be ' in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part ' 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR ' 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. ' 24 5/4/14 ]ue A\1 Z:V1~nha11\Dma\eoaUOU-ln]\spvcs\ran I JU Dome,=-TAP r.,,, Ph.,.: 1 - R,,;.<d os.ulu.do ' 0 3114 RIL l?npnaanng lnc. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination ' of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon ' and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall , not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the ' U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who ' has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government ' contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additional Clauses for Contracts greater than 100,000 ' Construction contracts and subcontracts greater than 100,000 must include all clauses listed above in addition to the clauses listed below , ❑ Federal Labor Standards 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in ' paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms , laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek ' unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in ' paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or ' mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set 1 forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or ' any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and ' liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. 25 5/0/147:45 A\I ZAB hd1\Dun\C0:\\1014.033\S,,,\Pm I Md Da.-,,-TAP P-,,, Phuc I-R-,sd0">02.14.dx 02014 8112 LnMnarnng Inc , 1 ' (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower ' tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a ' clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the ' name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives ' of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient may periodically interview employees to provide a check against payroll data, throughout the duration of the construction project, but interviews are not required for Safe Drinking Water Revolving Loan Fund projects The subrecipient has the option to conduct interviews, an option that should be exercised if needed to address any compliance issues. Contractors must allow access to all workers for interviews, if requested. As ' provided in 29 CFR 5.6(a)(6), all interviews if conducted, must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. ' (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors throughout the duration of the contract or subcontract. If necessary, the subrecipient should conduct interviews with a representative group of covered employees Subrecipients must conduct more frequent interviews if the initial interviews or other information ' indicates that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to ' verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient ' should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract . Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall ' verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to ' verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. ' (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http:/Iwww.dol.gov/esa/contacts/whd/-america2.htm. ❑ Environmental and Natural Resource Laws (include the following language in all construction contracts and subcontracts in excess of $100,000:) ' "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the 26 5/6/147:15,\,,\1 G\Botl¢II\IY.n\IX;1.\\1014 0.13\Sp«s\PYrI I Md Uucumcnn - 'I All Noi-I 111Wvc 1 - R,,,,,d 0501,14.dnc ' ®3014 R112 Eng'nnnng lnc. 1 Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and ' Environmental Protection Agency regulations (40 CFR part 15). ❑ Prohibition on the Use of Federal Funds for Lobbying (Certification Regarding Lobbying form follows, for any ' contracts in excess of $100,000) Certification Regarding Lobbying t (Contracts in excess of $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: ' (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any ' Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for ' influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to , Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative ' agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction ' imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than no~7 e than $100,000 for each such failure. Signed , Title Pfa~St t>~-- - ~ ~-r- Date e"j/(o /14- 1 1 27 ' 27 5/6/1i 7:45 A\1 7:\RotLell\Dma\C(:1A\1011033\S,-\N,r 1Nd Dncmm~ns-"r,\e ronjca Phase 1- Rm;eca0503.14.do, 0 21014 M12 En&n m, Inc. 1 ' Oregon Safe Drinking Water Revolving Loan Fund Program Labor Standards Guidelines All laborers and mechanics employed by the contractors and subcontractors in the performance of construction work financed in whole or in part with funds through the Oregon Safe Drinking Water ' Revolving Loan Fund Program, which involve construction contracts, shall be paid wages at rates no less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, or the State of Oregon's BOLI (whichever is higher), ' must comply with the following federal and state laws and requirements: Please Note: The General Contractor (also referred to as the prime or principal contractor) is responsible for the full compliance of all employers with the labor standards provisions applicable to the ' project. This includes the contractor, subcontractors and any lower-tier subcontractors. Because of the contractual relationship between a general contractor and the subcontractors, communication with any subcontractors should generally by facilitated in writing through the general contractor. The Recipient is ' the Borrower of SDWRLFfunds. Contract The Contract Work Hours and Safety Standards Act requires that persons performing ' Work Hours the work of mechanic and laborer under contracts that exceed $100,000 must be paid and Safety no less than one and one-half times the basic rate of pay for weeks in which they Standards work more than 40 hours (base rate x 1.5 + fringe benefits = overtime rate). The Act: federal Fair Labor Standards Act requires weekly overtime pay for contracts under ' the $100,000 threshold. Liquidated damages for failure to pay overtime will be computed in the sum of $10 for ' calendar day on which an employee was required or permitted to work in excess of the standard work week of forty hours without payment of overtime wages, without reference to work in excess of eight hours per day. ' More information about the Contract Work Hours and Safety Standards Act may be found at http://www.dol.gpv/compliance/laws/comp-cwhssa.htm ' Oregon State State of Oregon law for overtime is not the same as federal law. The state's statutes Overtime (ORS 279.316 and 279.334) do not exempt federally funded projects from the state Requirements overtime law. State overtime law requires payment of overtime to workers that are ' employed in excess of 8 hours per day, unless there is a prior working agreement allowing four 10 hour days per work week, or 10 hours per day or 40 hours in any one work week. Compliance OBDD is not responsible for monitoring or enforcing the state overtime laws. with Overtime Recipients that are unsure of how to monitor state overtime laws should contact Laws BOLI at hgp://www.oregon.gov/BOLI/TA/. Recipients that do not understand or ' ignore the law are liable for substantial additional costs and/or lawsuits from contractors or workers. Federal rules prohibit the use of SDWRLF funds to pay any costs resulting from violations of, or failure to comply with federal, state, or local laws. ' Copeland Act The Copeland Act or Anti-Kickback Law states: "Whoever by force, intimidation, or (Anti- threat of procuring dismissal from employment or by any other manner whatsoever, Kickback induces any person employed in the construction, prosecution, completion or repair of any ' Law): public building, public work or building or work financed in whole or in part by loans or 28 5/6/ 147V5 AM Z:ABmhd1ADavAC0AA1014 033ASpm'VPaa I Bid Documeno - TAP Proµcl Phan 1- Roivd OS 02.14dnc ' 02014 M12 Inparrnng inc. t 1 grants from the United States, to give up any part of the compensation to which he/she is ' entitled under their contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." ' This act provides that all laborers and mechanics shall be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account except voluntary and written authorization from employee for "permissible" salary deductions, ' the full amounts due at time of payments computed at wages not less than those contained in the Wage Determination issued by the U.S. Secretary of Labor. Appropriate weekly compliance statements and payrolls are required to be submitted. ' Recipients are required to conduct interviews with employees to assure compliance with the terms of this law, and the contractor is required to maintain payroll records and to , submit certified weekly payrolls to the recipient. More details of the Copeland Act may be found at: httt)://www.dol.gov/compliance/laws/comp-cwhssa.htm. Davis-Bacon All laborers and mechanics employed by contractors and subcontractors on the project ' Act shall be paid wages at rates no less than those prevailing on similar construction in the Requirements: locality as determined by the U.S. Secretary of Labor; regardless of contractual relationship. Wages must be paid weekly. t Construction contracts must include a provision of compliance with Davis-Bacon and related acts and associated Department of Labor (DOL) regulations. Information and related links are at: http://www.dol.gov/esa/whd/. The principal requirements are: ' • Recipients must include a copy of the current prevailing wage rate determination in each Invitation to Bid. Wage Determinations may be downloaded at: httl)://www.wdol.gov/. ' • Recipients may only award contractors who have accepted the Wage Determination and have agreed to pay wages on that basis, and who will comply with all other labor standards. ' • All laborers and mechanics employed by contractors and subcontractors on the project shall be paid wages at rates no less than those prevailing on similar construction in the locality as determined by the U.S. Secretary of Labor; regardless of contractual relationship. ' • Wages must be paid weekly. • Recipients are required to report all suspected, reported or confirmed violations to OBDD, which may investigate these alleged violation(s). , The Davis-Bacon Wage Determination, including any additional classification and wage rates, and the Davis-Bacon poster (WH-1321) must be posted at all times by the contractor ' and its subcontractors at the site of work in a prominent and accessible place where it can easily be seen by the workers. The Davis-Bacon poster (WH-1321) is available at: ham://www.dol. izov/esa/whd/regs/compliance/posters/fedproi c. ydf. Questions regarding additional classifications and discrepancies regarding wages may be ' directed to: Portland District Office Phone: , US Dept. of Labor (503) 326-3051 ESA Wage & Hour Division, Technical Assistance 1-866-4-USWAGE , 29 5/6/14 ]:JS A\1 '1.:\xorhell\rne\cOA\014-0]]\Slxcs\Purt aid Dnmmcros-l'.\i' Pn~i'~~ rlusc 1-xm,a 03.112IJdnc ® 4014 RIC F.nginevnnx, Inc. 1 620 SW Main Street (1-866-487-9243) Room 423 ' Portland, OR 97205 Davis-Bacon Please Note: Effective January 1, 2006, Oregon law requires that workers on projects and Oregon funded in whole or in part with federal funds will be paid the higher of either the federal ' Prevailing Davis-Bacon rates or Oregon prevailing wage rates. See ORS 279C.800 at: Wage Rates http://www.leg.state.or.us/ors/279c.html. Use of Oregon The Oregon prevailing wage rates apply to all construction projects of $50,000 or more ' Prevailing including those that are federally funded. The Oregon prevailing wage rates apply to Wage Rates public works projects subject to ORS 279C.800 and the Davis-Bacon Act (40 U.S.C. 276a). For each specific job classification: ' • If the state prevailing wage rate is higher than the federal prevailing rate of wage (i.e. Davis-Bacon wages), the contractor and every subcontractor on the project shall pay at least the state prevailing wage rate as required by ORS 279C.800 to ' 279C.870; and, • If the federal Davis Bacon wage rate is higher than the state prevailing wage rate, the contractor and every subcontractor on the project shall pay at least the federal prevailing rate of wage as required by the Davis-Bacon Act. Both the Davis-Bacon and the Oregon prevailing wage rates must be included in construction contracts funded, in whole or in part, with Safe Drinking Water ' Revolving Loan Fund. The state rates are generally the same as federal rates, however, there are some important differences including: • Different definitions of trades, areas, zones, groups, and situations where less than ' 100 percent of wages can be paid; • The State prevailing wage rate is published only twice a year; while the Davis- Bacon rates are subject to modification throughout the year. ' With Oregon law now requiring workers on federally funded projects to be paid the higher of either Davis-Bacon rates or the state prevailing wage rate, BOLI has prepared a comparison book "Prevailing Wage Rates for Public Works Contracts in Oregon Subject ' to Both the State PWR and Federal Davis-Bacon Act (PWR Booklet)." This book, and its amendments, is available at: http://egov.oregon.gov/BOLI/WHD/PWR/Dwr db.shtml . PWR Booklets are published twice a year; however, Davis-Bacon rates are subject to modification at any time. Recipients must check to verify that the federal Davis-Bacon rates contained in the current PWR Booklet have not been amended since publication. Regardless, since the Davis-Bacon Wage Determinations are modified by the U.S. Department of Labor as necessary to reflect changes in the construction industry, the Davis-Bacon wage rates in effect ten (10) calendar days before bid opening are ' "locked in." It is the responsibility of the recipient to request the current federal/BOLI wage determination from OBDD's Regional Coordinator ten (10) days before bid opening for any applicable modifications. ' Generally, four copies of the applicable Davis Bacon Wage Determination will be used on each project. The first copy goes in the bid or contract specifications to let the contractor (and subcontractors) know the wage rates that must be observed on the job and to oblige ' the contractor to comply. The second copy is posted on the job site so the laborers and 30 3/6/14 7:45 AM "/.:\Bcnh.II\h.\C0.\\1014-033\Slvc.\Pon I BidI ucncm.-T.1PPccrycl Phut 1-Rc-d03.0214dx ®_2024 R112Lnpnccnng Inc. 1 mechanics know what wage rate is assigned to their classification. A third copy is used by ' the Recipient to monitor contractor compliance. The fourth copy is used by OBDD's Regional Coordinator to conduct periodic reviews of certified payrolls. , Questions Questions about Oregon State Labor Standard Laws should be directed to: about State Oregon Bureau of Labor and Industries Law: Wage and Hour Division ' 800 NE Oregon Street, Suite 1045 Portland, Oregon 97232 (971) 673-0761 , www.boli.state.or.us BO LI. MA I LOstate.onus Exception to An exception to the "lock-in" date described above applies if the Recipient does not award , "Lock-In" the construction contract within 90 days of the closure of the solicitation. In these cases, Date for Davis any modifications or changes to the Davis Bacon Wage Determination published between Bacon Wage the bid opening and construction contract award date must be included in the construction ' Determination contract. If this situation occurs, Recipient must work with OBDD's Regional Coordinator to ensure that the most recently published Wage Determination is included in the construction contract. , Additional If the Davis Bacon Wage Determination does not include all the categories of workers Wage needed for the project, a request for an additional classification must be made through Classifications OBDD's Regional Coordinator after the construction contract is awarded. The prime ' contractor, and subcontractor if applicable, must submit Standard Form 308 - Request for Wage Determination and Response to Request The form and instruction are available online and can be downloaded for completion at: ' htto'//contacts.gsa.pov/webforms.nsf/O/BAF07725410A E22785256A20005FA I 1 F/Sfile/s f308 e. f . In order to be considered, the proposed rate must be no less than the lowest wage for ' craftsman, laborer, or power equipment operators, for the trade group requested. Once OBDD receives a completed request, it is forwarded to U.S. EPA for review and approval. EPA's approval will be based on the following criteria: ' 1. The work to be performed by the classification requested is not performed by a classification in the wage determination; 2. The classification is utilized in the area by the construction industry; and ' 3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the contractor and laborers and mechanics to be employed in the new classification, or ' their representatives, and the Borrower agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken must be sent by the Borrower to OBDD. OBDD will send the report to the Administrator of the Wage and Hour Division, Employment Standards Administration, ' U.S. Department of Labor, Washington, DC 20210. Final approval/decision from the U.S. Department of Labor will be made within 30 days receipt of the report from OBDD. If the contractor, laborers and/or mechanics to be employed in the new classification, or ' their representatives, and the Borrower do not agree on the proposed classification and wage rate, OBDD will refer the questions, including the views of all interested parties and the recommendation of OBDD to the U.S. Department of Labor for determination. The ' 31 5/6/14 7H5 AM 7'\IAnhdgfAe\COA\1014-033\Slxc \Pan 1 aid I menR -TAPProjal Pha' 1 -Mired Oi.021J.J(¢ 0 1114 8112 I§iA neenng Inc. 1 ' U.S. Department of Labor will issue a determination within 30 days of receipt of SF 308. ' Fringe The Davis Bacon prevailing wage is made up of three components: the basic hourly wage, Benefits and the hourly fringe benefit; and, the hourly zone pay. Note: Fringe benefits and, if Zone Pay applicable, zone pay, must be paid for all hours worked including overtime hours. Fringe benefits and zone pay are not subject to the halftime premium due as overtime pay. Fringe Benefits - along with the basic hourly rate, a fringe benefit amount will be listed ' for any classification in which fringe benefits were found to be prevailing. This hourly fringe benefit amount may be met by any combination of case, bona fide third party benefit plans or unfunded plans. Funded plan fringe benefits generally include: life ' insurance health insurance and pension plans. Unfunded plan benefits generally include vacation, sick leave, and holiday pay. Contributions to fringe benefit plans must be made quarterly. • Cash - payment of the required hourly fringe benefit amount in cash to the employee. ' • Funded Plans - contractor fringe benefit contributions made irrevocably to a trustee, third party or union pursuant to a fund, plan or program, can be credited toward meeting this requirement, without prior State approval. • Unfunded Plans - fringe benefit plan or program under which the cost a contractor may reasonably anticipate in providing benefits that will be paid from the general assists of the contractor (rather than funded by payments to a trustee or third party) is generally referred to as an unfunded plan. Any contractor using a non- third party play must submit a copy of the entire plan to the OBDD. These plans must be submitted to U.S. Department of Labor for approval. It is recommended that these contractors pay fringe benefits in case, as approval of these unfunded ' plans can take a fair amount of time to receive. Zone Pay - when a trade requires zone pay, this typically means cash to the employee in the amount of the hourly zone pay required. Each category in the wage decision is ' established by Union negotiation or survey. To calculate zone pay refer to the actual union agreement applicable to each section of the wage decision. ' Apprentices Three special classes of employees may be employed on federally funded projects and can and Trainees be compensated at less than the Davis Bacon prevailing wage. These are: ' Apprentices - are permitted to work at less than the predetermined rate for the work they perform only when they are individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with BOLI's ' Apprenticeship and Training Division. This exemption also applies to workers who are in their first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by ' DOL's Office of Apprenticeship Training, Employer and Labor Services, or by BOLI's Apprenticeship and Training Division, to be eligible for probationary employment as an apprentice. ' The following conditions must be met when apprentices are working on the job: 32 5/6/14 l:aiAM %:\R,he11\O.\COAUn14-R33\SP ,\P.n Iaid[M.mrd,- TAI' Pmjca Phz,e 1-R,,i.dOiM.1Ad- ' ®su RI 12 linpnanng inc. 1 • The allowable ratio of apprentices to journeymen in any craft classification shall ' not be greater than the ratio permitted to the contractor as to the entire workforce under the registered program. ' • Any worker listed on a payroll at an apprentice wage rate, who is not a trainee as defined below, or is not registered, or otherwise employed as stated above, must be paid the full wage rate for the classification of work actually being performed ' on the job. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program must be paid no less than the applicable wage rate on the wage determination for the classification of wor5k actually performed. ' • Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or , subcontractor's registered program must be observed. • Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the ' journeymen hourly rate specified in the applicable wage determination. • Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the , wage determination for the applicable classification. • In the event DOL, or BOLI, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the , applicable predetermined rate for the work performed until an acceptable program is approved. Recipients may use the Apprenticeship Wage Rate Calculation Guide Form to , assist them with determining that the appropriate wages are being paid to all apprentices on the job. Trainees - are permitted to work at less than the predetermined rate for work performed ' only if they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of , Labor, Employment and Training Administration or the Apprenticeship and Training Division of BOLI. The following conditions must be met when trainees are working on the job: • The ratio of trainees to journeymen on the job site must not be greater than ' permitted under the plan as approved by DOL or BOLL. • Every trainee must be paid at no less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the , journeyman hourly rate specified in the applicable wage determination. • Trainees must be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees ' must be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for ' apprentices. • Any employee listed on the Certified Payroll at a trainee rate, who is not registered and participating in a training plan approved by DOL or BOLL must be , 33 3/6/117:45 ANI Z\Bo1hd1\M.\COA\1014033\Spce\P.v 1 Bid INKnmcnis-TAP Pmpc Phase1- Raised 03,0111J 0 2011 R112 Fn®nredng Inc 1 paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. ' • Any trainee performing work on a job site in excess of the ratio permitted under the registered program, must be paid not less than the applicable wage rate on the wage determination for the work actually performed. • In the event DOL or BOLI withdraws approval of a training program, the ' contractor is no longer permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Construction All persons working on projects funded in part or in whole with SDWRLF monies must Contractors be registered with the Oregon Construction Contractors Board (CCB) or be the employee Board of a contractor or subcontractor that is registered. This includes partnerships, Registration: corporations, and self-employed individuals, whether working by the hour, week, job or "cost plus" and whether by written contract or oral agreements. Additionally, registration is required for any individual or business entity which advertises, offers, bids, or arranges to do, or actually does, any construction, alteration, remodeling, or repair involving residential, commercial, industrial, or public works improvements. Violations can result in civil penalties imposed by the CCB. Recipients must have evidence that all persons on ' the job as "subcontractors" are in fact "independent contractors" registered with the CCB. Registrations may be checked at the website at: http://oregon.gov/CCB/about us.shtml or by calling (503) 378-4621. ' Contractor Federal regulations require verification of general (prime) contractor eligibility. To be Eligibility: "eligible" a contractor must not be listed on the List of Parties Excluded from Federal Procurement and Non-procurement Programs published by the General Services ' Administration. The list is commonly referred to as the "Excluded Parties List" or "EPL". Recipients must call their Regional Coordinator at OBDD to clear the aeneral contractor before awarding the construction contract. The Regional Coordinator will ' check the Excluded Parties List and document their findings in the project file. Recipients can search the Excluded Parties List themselves by checking at the following: htty://epls.annet.gov. ' The Prime Contractor is responsible for ensuring and documenting that all subcontractors are not listed on the List of Parties Excluded from Federal Procurement and Non- procurement Programs. Recipients are responsible for ensuring that this verification has occurred and should have records in their project file documenting this requirement. Independent Independent contractors registered as "exempt" (those with no employees of their own) ' Contractors are not considered subcontractors on a job covered by the federal Davis-Bacon Act. Those individuals who may be referred as "owner operators," cannot certify their own wages and must be shown on: (1) the payroll reports for the general contractor; or (2) the payroll reports for another subcontractor that is not exempt; or (3) the "owner operator" ' can complete their own payroll report and the general or non-exempt subcontractor can co-sign the report. Responsible Beginning January 1, 2006, all public entities awarding public improvement contracts to ' Bidder the lowest responsible bidder must complete and submit a Responsible Bidder Determination Determination form to the CCB within 30 days of the award. The CCB has developed a Forms: web-based entry system that includes this form and other information. The Public Contracts Responsible Bidder Determination (RCRBD) website is at: https://ccbed.ccbstate.or.us/ccb frames/responsible bidders/. 34 5/6/14 7:45 A\1 Z:\Bothe1BDatl\C0A\ 11114.1133\Sixes\11aa 1 Bid Dxum..... TAP Pr,-, P4, 1- R,,,,,d 05 0214 & ® 2014 RI 12 F_."", n" Lm. 1 1 Public Works Effective January 1, 2006, all independent contractors working on public works projects in Bond: Oregon must obtain and file with the CCB a Public Works Bond in the amount of ' $30,000. This bond is for the exclusive purpose of paying wage claims and must be filed before starting work on a contract or subcontract for a public works project. The Public Works Bond must be obtained from a corporate surety authorized to do business in Oregon. A form is available at: ' http://eeov.oreeon.gov/BOLUWHD/PWR/docs/public works bond.vdf. The provision requiring the Public Works Bond must be contained in the construction ' contract and in every subcontract. The general contractor is required to verify that the subcontractors have files a Public Works Bond before permitting a subcontractor to start work on a project. Recipients should verify that the contractor and subcontractors have ' filed the Public Works Bond. Disadvantage, minority, women or emerging small business may elect to be exempt during the first year of certification from the Office of Minority, Women and Emerging , Small Business (OMWESB). To find out more about the OMWESB program, go to http://epoy.oregon.gov/DCBS/OMWESB/index.shtml . If a business elects to utilize the OMWESB exemption for the Public Works Bond, the firm must submit the application ' form to the CCB. The request form may be downloaded from http://ccbecLccb.state.or.ustWebPDF/CCB/Publications/PWB Application Exemption.odf BOLI ORS 279C.825 requires that the PWR fee be paid by the public agency that awards a Prevailing public works contract rather than by the contractor to whom the public works contract is Wage Rate awarded. Moreover, the PWR fee is determined by the value of the public works contract , (PWR) Fee but can be no less than $250 and no more than $7,500. More information about the PWR fee is available at: http://eeov.oreeon.izovBOLI/WHD/PWR/docs/wh-39.pdf Twenty-five Effective January 1, 2005, the recipient must retain twenty-five (25%) of any amount , Percent (25%) owed to a contractor if the contractor has not submitted the required Certified Payroll Retainage: Reports (CPR). The recipient must pay the contractor within 14 days after the proper CPR is submitted. Likewise, the prime contractor must retain 25% of any amount owed to a ' first-tier subcontractor until the subcontractor has submitted the required CPR. Certified Each contractor or subcontractor engaged in work covered by the labor standards must ' Payroll submit to the recipient a weekly Certified Payroll Report for all weeks in which workers Reports are on the job. Instructions for completing the form and a link to the form can be found at: (CPR): ht_pt ://wrvw.dol_gov/esa/fonns/whd/wh347instr.htm . Please note that the federal CPR ' does not require that the full social security number and home addresses of workers be included on the weekly payrolls; instead, payrolls need only include an individually identifying number for each worker (i.e., the last four digits of the worker's social security number). However, contractors and subcontractors must maintain the full social security ' number and current address for each worker, and must provide this information upon request to the Recipient for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for ' purposes of an investigation or audit of compliance with prevailing wage requirements. Each CPR must be filled in correctly and completely. If there are errors such as missing employee addresses or social security numbers, the form must be resubmitted. Each CPR , 35 5/6/ 14 J45 A\1 Z\Bo~hell\D+d\CqA\ 1014-033\S,11\Pa01 Bid DO[YJ011U -'1'M I'mjuo PAVee 1- Re%ivd 030214-d« 0 2014 M2 Hnpnccnng Nn . ' must be accompanied by a "Statement of Compliance" signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons ' employed under the contract. Effective January 1, 2006, Oregon law requires that workers on projects funded in whole or in part with federal funds will be paid the higher of either the federal Davis-Bacon rates ' or Oregon prevailing wage rates (BOLI rates). In addition, the project is also subject to compliance with all BOLI requirements. ' IMPORTANT: The certified payroll report for the Oregon prevailing wage rate is not acceptable for Oregon Safe Drinking Water Revolving Loan Fund projects because it does not reference the federal regulations that apply to the project. If the contractor or subcontractor chooses to use Oregon prevailing wage rate forms, the same level of information found on the federal Certified Payroll Report must be included on the Oregon prevailing wage rate forms and a federal Statement of Compliance must be submitted with each weekly payroll report. ' The contractor may use a computer-generated CPR form only if the computer-generated form contains all of the same information that is included on the federal CPR, the ' information is easy to locate and the federal Statement of Compliance is submitted with the weekly reports. Employee Interviews with employees provide a check against payroll data and must be ' Interviews: conducted periodically throughout the duration of the construction project. Contractors must allow access to workers. All information received from employees is confidential and can be released to the employer only with the employees' written ' permission. The interviews may be conducted on-site or by mail. Interviews must be conducted by the recipient and not by the project engineer. Interview forms should be completed for a representative sample of all worker classifications on the job. At ' a minimum, the Recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Recipients must conduct more ' frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with Davis Bacon prevailing wage rates. Recipients must immediately conduct interviews if response ' to any alleged violation of the prevailing wage requirements. Additionally, for each month the project is under construction, the minimum monthly requirement is: • At least one worker interview from every contractor represented on the job; and • Worker interviews must be collected from different worker classifications. ' Recipients must use Standard Form 1445 to document the interviews. Copies of SF 1445 are available at: ' hqp://contacts.gsa.eoy/webforms.nsf/0/ 12BF5 DOE2DC4484685256CBO0062F375/$fiW f1445 e.ndf ' Recipients must immediately report potential violation of the Davis Bacon prevailing wage requirements to OBDD's Regional Coordinator (who will notify EPA) and to the U.S. Department of Labor at: ' Portland District Office Phone: 36 5/6/147:4S A\1 r:\amhe0\go\CO:\\101033\Sp I\Pzn 1 a¢I 1)awncnis-TAP P. ,Phan 1-Riixd Ui 0214 d« ' 0N14 M 12 fnynnttnnq Inc. 1 US Dept. of Labor (503) 326-3051 ' ESA Wage & Hour Division, Technical Assistance ' 1-866-4-USWAGE 620 SW Main Street (1-866-487-9243) , Room 423 Portland, OR 97205 Permissible The following payroll deductions may be made without requesting approval: ' Payroll Deductions (a) Any deduction made in compliance with the requirements of Federal, State or local law, such as Federal or State withholding income taxes and Federal social security taxes. ' (b) Any deduction of sums previously paid to the employees as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when case or its ' equivalent has been advanced to the person employed in such manner as to give the person complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless the , deduction is in favor of the contractor, subcontractor, or any affiliated person, or when collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both for the purpose ' of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or disability, or for vacation pay, savings accounts, or similar , payments for the benefit of employees, their families and dependents; provided however, that the following standards are met: 1. The deduction is not otherwise prohibited by law. 2. It is either (i) voluntarily consented to by the employee in writing and in advance ' of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or , subcontractor and representatives of its employees. 3. No profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcontractor, dividend, or otherwise; and 4. The deduction shall serve the convenience and interest of the employee. , (e) Any deduction contributing toward the purchase of United States Savings Bonds when voluntarily authorized by the employee. , (f) Any deduction requested by the employee to enable him/her to repay loans or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union statutes. , (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. , (i) Any deductions to pay regular union initiation fees and membership dues, not including fines and special assessments. Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of ' its employees provided for such deductions and are not otherwise prohibited by law. Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of Section 3(m) of the Fair Labor Standards Act , 37 3/0/14 7:45 AM 7\Bolh Al .\COA\1014 011\SP ,\P.n I Bid Dununcmx - TAP Project Phut I - ~,ix d 05A Kdoe 0 2014 R1 12 2nglne in& Inc ' ' of 1938, as amended, and Part 531 of Title 29, Code of Federal Regulations. When such a deduction is made the additional records required under Section 516.25(a) of Title 29, Code of Federal Regulations shall be kept. Compliance Recipients must conduct periodic compliance reviews and investigations to ensure Reviews compliance with labor standards. The reviews should be documented (i.e. digital pictures with date and time for some activities) and part of the project file and must ' include: • Checking that the project Wage Determination and the Davis Bacon Poster provided by OBDD are displayed at the job site in an area easily accessible to all employees. Digital pictures with date and time stamp can document this activity. • Checking of contractor and subcontractor Certified Payroll Reports to verify that the correct wages are being paid and that they are being signed by an authorized representative of the contractor or subcontractor. [The Project Wage Rate Sheet can be a handy reference for verification/documentation of this activity.] • Being alert for common falsification indicators such as (1) the ratio of laborers to mechanics orjoumeymen; (2) too few or irregular hours worked; (3) discrepancies in wage computations; and, (4) extraordinary deductions for workers on certified payrolls. ' • Verification of wages through worker interviews using SF 1445. • Review of the documentation and use of apprentices and trainees; • Review of overtime payments; and ' • Maintenance of project files with documentation of compliance reviews and inspections. Overpayments If a worker has been overpaid, the contractor which made the overpayment cannot ' request the overpaid wages be returned by the employee as this would constitute a violation of the Copeland Act. ' Violations Many compliance reviews will disclose minor discrepancies that do not involve or suggest falsification or willful violations by contractors or subcontractors. If a Recipient elects to communicate concerns informally by telephone to the contractor, ' the Recipient must maintain a record of communication in the Project File so that any outstanding requests for corrective actions may be tracked to closure. Sanctions Violations of the Copeland Anti Kickback Act by contractors could be the basis for termination of a contract and could result in criminal prosecution by the Federal ' Government pursuant to 18 USC 874 for up to 5 years in prison or a $5,000 fine or both. Fraudulent execution of the requisite Statement of Compliance could result in prosecution under False Information Act 18 USC 1001, 18 USC 1020 or 31 USC ' 231. More information maybe found at http://www.dol.pov/compliance/laws/comp- copeland.htm . ' Violations of the Contract Work Hours and Safety Standards Act make the contractor and any subcontractors responsible and liable for unpaid wages and for liquidated damages in the United States in the sum of $10.00 per worker per calendar day for each violation. International violations are a federal misdemeanor punishable ' for each and every offense by a fine and may be grounds for termination of a contract. More information is available at http://www.dol.gov/compliance/laws/comp-cwhssa.htm . ' 38 3/e/ H 7:45 AM Z:\Ilmhup\Dau\COA\1014 033\S,n ,\Pan I Rid Documents -TAP Pm,ct Plnxe I - R. v d 05.0114doc ' 0M 14 M 12 RnAnneem' inc. 1 Violations of the Davis Bacon Act may result in suspension of the project payment, ' advance or guarantee of funds until such time as the violations are discontinued or until sufficient funds are withheld to compensate workers for wages to which they are ' entitled. Violations may also result in contract termination and/or suspension, or debarment of the contractor or subcontractor from federal contracts. See http://www.dol.g(n*sa/proi4ams/dbra for more information. Federal regulations require that recipients maintain full documentation of labor standards administration and enforcement activities. Recipients, or their project managers, may develop their own filing systems ' provided that specific files can be made available upon request by authorized representatives of OBDD, U.S. EPA, and/or U.S. Department of Labor. At a minimum, the file should contain: • Documentation of contractor selection process. ' • Wage Determination, including effective modifications and additions. • Verification of contractor/subcontractor CCB registration. • Verification of prime contractor eligibility. ' • Responsible Bidder Determination Form. • Evidence of contractor Public Works Bond. • Pre-construction Conference documentation, including signed minutes. • Contractor/Subcontractor Agreement and Fringe Benefit Summary Form for each prime contractor ' and every subcontractor. • Notice of Construction Contract Award and Start of Construction. • Weekly Certified Payroll Forms and signed Statements of Compliance (Federal and State). ' • Evidence that payrolls were checked against applicable wage rates. • Documentation of registered apprentices or trainees. • Record of Employee Interviews. t • Record of contacts with contractor regarding labor standard matters, if any. • Evidence of restitution/resolution of discrepancies, if any. Please Note: The file containing certified payrolls and related documents must be preserved for a period ' of not less than three years after completion of the contract or project. 1 t 39 ' 5/6/14 7:4, AU G\Ho.hell\Dab\COA\1014.033\Spcc,\vv..1 Bid Duainmal, - TAP P-,ca rhz,, I - Rwi,d 030? 1A.d00 ® 2014 R12lin~nneenng Inc. 1 s 'a flip a 8 P E jyg ~ w 3 Fa ' s s s s s a Y ~ R $ e o Y ❑ S Y 4 _ F S y ;L II !es ia'3 : ossa sa ' say 4Fz °9. icy mg DA~ 0 as .7 a E+~ 1 ~°-~°a3 °aws 9 ~~yQy mlyy 9 MM. if na gj o 's ~°an f is a o o !j 4 Ma@Pa m E° 7 £ O ' 40 ~e 5/6/14 7:J5 e,AI ZAB.,LdlADauVCQA1014 ()'3\S,l,,Aru.r I Bid ooom¢ms- Ter Pon,em Ph,,1 - Rev red (15 01,14 doe ' ®2n1A 1112 Lnginrreing, Inc,. ifR z {m 8B l a3 8$2'$S A ~Q m3... j[3 a 3~ ° ~y xd ~.o3 tl cu go°~v a~ I oA5 O S m M mm 70'14 Ii s..g Hq p~uA M~°I v°8 ? s ° y ~ > ~ YSg~ RLL'~$A qy~ c~1 A ; A N y D ~.°c ' A L~ m o P33t Rg °pz g g 43 g2C m m g~R° °ff ap3 Fa ' 5j°i b O o °yv •°$~a agy3, { S3C~ A S a A~ 50 ° A0 ' ~Y ' T A ~ g° a S R N N~ zg C 6 $ S A C ti tlT SB A q S ~fA m °8N.mA65a5 ~i~ 3 zG b 53_ In m A ag$ £ b °°o L e t om a z ~ , a~~ u aaQ °5 4 R z g ~~ya@g9 $~p,$ $ g s 3= N$$ Q~og e I m O L . 0 m0 2 ' L ~ 2 0y ° ❑ ^ ~e Boll t Q 6i A BaS~- ne°'e"fe 11 g~'eg' z o 02m 2 4e o Yg` ~Om aa m i¢Qg m z pc ~ veil! S m m E 0S5R m 1 ;e m-o a 00 0 $S? o v e E v a- 3 Syu iT . oW 0 20° Se°3 '0 43QV a A~ N g e Z S o y ~ ~ a p z m ' g4~~ § fl~S p 0 m Ol1 T D j mny 1" n S ~ao° O n aD u°D s _5 n°= a i } y a dam z a 0 a pe s o f g3 N ~ ~ m0, n 9en 0 m w 41 ' 5/6/147 45 A\1 L:\Rodu'll\IA n\COA\ 101+033\Spece\Pm 1 Rid Documen~s -TAP 1'rujcci 1'Laee I - Rensd 05,02.1 hh, 0 2014 8112 Lnginmm, In, 1 ' CONTRACTORISUBCONTRACTOR CONTRACT AGREEMENT Addendum to Contract between Contractor and Subcontractor ' Contract Part A Date: Contractor: ' Project Number: Address: Project Name: I. The parties, having executed a contract for: _in an amount not to exceed $ in the construction of the above-identified project acknowledge and agree that: ' a. Labor Standards Provisions (DOL MEMO No. 207, 29 CFR Part 5.5), Required Federal & State Contract Clauses Clause, and Lobbying Certification are included in the aforesaid contract; ' b. The applicable Davis-Bacon wage rates are included in aforesaid contract; c. The addendum to the Contract between Contractor and Subcontractor is part of the Contract; it. The attached Fringe Benefit Summary form describes how the required fringe benefit amounts, if any, will be paid ' by the subcontractor; and, e. Correction of any infractions of the aforesaid conditions, including infractions by the subcontractor and any lower tier subcontractors, is a mutual responsibility. ' 2. The parties certify that: a. As required by 24 Code of Federal Regulations part 24, neither they nor their principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this covered ' transaction; and, b. No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any of its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this or a lower tier covered transaction. ' 3. The subcontractor agrees to obtain and forward to the contractor within ten days after the execution of any subcontract, including those executed by the subcontractors and any lower tier subcontractors copy of said contract containing fully executed items L(a), (b), (c) and (d) listed above. ' 4. The Subcontractor certifies that: a. The legal name and the business address is: ' Employer I.D. b. The subcontractor is an independent contractor in compliance with Oregon Revised Statutes Chapter 701. ' c. The subcontractor is currently registered with the Oregon Construction Contmetors Board in a class appropriate for the work to be performed under this subcontract. d. Construction Contractors Board No: ' Contractor Signature: Subcontractor Signature: ' 42 5/6/147:45 A\I %:\nothclWan\COA\1014 n]]\Spma\Puu 1 aid Dommunu - TAP Proµct Phase 1-R,,v t] 11.5.112.IJ.1oc ' 0 2014 RI121uiy nnnng, Inc 1 (Title/Date) (Title/Date) Fringe Benefit Summary Form Part B ' Project Name: Project Number: Name of Recipient: Name of Contractor: , The contractor named above will pay employees on this project fringe benefits required by the applicable David- ' Bacon wage determination as follows: [ ] 1. Required fringe benefit amounts will be paid in cash. [ ] 2. FUNDED PLAN(S) (Deductions for fringe benefits will be paid into a fund, plan, or program administered ' by a third party "e.g., union plan, Blue Cross") Name of plan(s) , I certify that the deductions made for the above plan(s) are: , a. Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and consent is not a condition either for the obtaining of or the continuation of employment, or , They are provided for in a bona fide collective bargaining agreement between the contractor and representatives of the employees: b. No profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or any affiliated person in the form of commission, dividend, or otherwise; , c. The deductions shall serve the convenience and interest of the employee; d. Contributions to the plans are made at least quarterly; e. When the cash paid and per hour contribution for benefits do not equal the total rate set forth in the , wage determination, the difference will be paid in cash; and f Employees who are excluded from the plans for any reason will be paid in cash. [ 13. UNFUNDED PLAN(S) (Deductions for fringe benefits will be administered by the contractor "e.g. vacation ' plan") Name of plan(s) I certify that no deductions will be made for unfunded plans until approval is obtained from the U.S. Department of Labor. I understand that to obtain approval, I must provide the representative of the , SDWRLF award recipient with the following for submission to the U.S. Department of Labor: a. Description of the coverage that will be provided to employees including conditions for receiving the benefits; and ' b. Signed authorization from those employees to accept those specific employer-paid contribution amounts. Until approval is obtained, I will pay the employees the fringe benefit amounts in cash. , Contractor/Subcontractor Signature Date ' 43 5/6/14 7A5 AM %:\linihell\Ihu\CO.q IUH-RU\~PcY'\Pvn I &d nacumunro -TAI' 1§ajca Phvx I -Hcciad 05.02.14.doc HI I? lingvccdng Inc. 02014 Payroll Signature Authorization Part C Since the owner, partner or corporate officer is not signing the certified payrolls, I, as an owner, partner or corporate officer certify that I have appointed ' whose signature appears below to supervise the payment of the company's employees beginning (date) ' and that this person is in a position to have full knowledge of the facts set forth in the payroll ' documents and in the statement of compliance required by the so-called Kick-Back Statute which said person is to execute with my full authority and approval until such time as I submit to the local agency administering the contract a new certificate appointing some other person for the purposes stated above. ' Signature of Appointee Date ' Signature of (prime)(sub) Contractor Date ' PART D CERTIFICATION REGARDING LOBBYING ' The undersigned certifies, to the best of his or her knowledge and belief, that: ' A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with ' the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. ' B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and ' cooperative agreements) and that all sub recipients shall certify and disclose accordingly. 44 5/6/14):45 A\1 L:\Boda11\IAO\C0A\1014033\S~\Pan 1Bid D menu-TAP P-jav Phase 1-Rnised050214d« ' 0 1014 RIL HnlnnmrinR, loc. 1 This certification is a material representation of fact upon which reliance was placed when this transaction was made ' or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil ' penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed (Contractor) Title / Firm Date 45 , 5/6/14 9:45 AM Z\ao0m11\lhm\COA\1014-033\Slna\Pvn 1 ald IMcumem~ - TAP Pmj, Ph... 1- RnLed 0i 02.14 d ®'_014 RI 12 Hngneenng Ina. t ' Appendix F t Drinking Water State Revolving Fund Program ' A. Federal Cross-Cutters Environmental Authorities o Archeological and Historic Preservation Act of 1974, Pub. L 86-523, as amended t o Clean Air Act, Pub. L. 84159, as emended o Coastal Barrier Resources Ad, Pub. L. 97-348 o Coastal Zone Management Act, Pub. L 92583, as amended o Endangered Species Act, Pub. L. 93-205, as amended ' o Environmental Justice, Executive Order 12898 o Floodplain Management, Executive Order 11988 as amended by Executive Order 12148 o Protection of Wetlands, Executive Order 11990 o Farmland Protection Policy Act, Pub. L 97-98 o Fish and Wildlife Coordination Act, Pub. L 85-624, as amended ' o National Historic Preservation Act of 1966, PL 89-665, as amended o Safe Drinking Water Act, Pub. L. 93-523, as amended o Wild and Scenic Rivers Act, Pub. L. 90542, as amended Economic and Miscellaneous Authorities ' o Demonstration Cities and Metropolitan Development Ad of 1966, Pub. L 89-754, as amended, Executive Order 12372 o Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the ' Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts. Grants, or Loans o Uniform Relocation and Real Property Acquisition Policies Act Pub. L 91-646, as amended ' o Debarment and Suspension, Executive Order 12549 Social Policy Authorities ' o Age Discrimination Act of 1975, Pub. L. 94-135 o Title VI of the Civil Rights Act of 1964, Pub. L. 88.352 (2) o Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Pub. L 92- 500 (the Clean Water Act) o Section 504 of the Rehabilitation Act of 1973, Pub. L 93-112 (indurHng Executive Orders t 11914 and 11250) o The Drug-Free workplace Act of 1968, Pub L 100-690 (applies only to the rapdalization gram recipient) o Equal Employment Opportunity, Executive Order 11246 o Women's and Minority Business Enterprise, Executive Orders 11625, 12138 and 12432 o Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Pub L 100-590 o Anti-Lobbying Provisions (40 CFR Pan 30) [applies only to capitalization grant recipients] ' (2)The Civil Rights Act and related antidiscrimination statutes apply to all the operations of the SRF progrann. 46 ' 516114 1:13AM Z:\ananm1\IAn\C0A\1014-033\slxcAPan l aid Dom.,..-TAP Pccicc, Pluse l-Rn;ud11 0214,dnc Q N14 RIM Enynnc-ng Inc. 1 1 Appendix G ' Disadvantaged Business Enterprises Six Good-Faith Efforts ' Any public water system receiving an award from the Safe Drinking Water Revolving Loan Fund and the Drinking Water Protection Loan Fund must ensure good faith implementation of the six good-faith efforts comprising the federal "Fair Share Program," for the solicitation of all contractors providing comanaction, equipment, supplies, engineering or other services that ' constitute the project financed by the award. Documentation demonstrating that these six good faith efforts have been taken must be included - and maintained in the water system's project files. Likewise, once a contractor has been ' selected by the water system, that contractor must adhere to the following six good-faith efforts in soliciting its subcontractors: I. Emure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, state and local government ' recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements prnni4 in a ' way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could , subcontract with DBEs. For Indian Tribal, state and local government recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by DBFs in the competitive process. 4. Encourage contracting with a consortium of DBEs when a contract is too large for orm of , these firms to handle individually. 5. Utilize the services of the Small Business Administration (SBA) and the Minority Business Development Agency of the Department of Commerce. ' 6. If the prime contractor awards subcontracts, require the prime contractor to take these six good-faith efforts in subcontracting with Disadvantaged Business Enterprises for any subcontract that they let. Applicable MBEfWBEs are certified by the Small Business Administration or by another state or , federal agency, such as the U.S. Deoartmcnt of'T'ransportation. The following sites may be of assistance, and others may exist too: Central Contmoglt Rei stmtion (CCR) database Minority Business Development Agency. US L)ept. of Commerce ' EPA-Small and Disadvantaged Business Utilization State Office ofMinority, Women and Emerging Small Business 47 ' 5/6/147:45eMr z:\%.h,11\ao\COA\1014-033\5r.<,\P."i Bid aa„me",,. t'nr r,ow i-R.,;.d0s.0zu.d« o?UH RIL Eny n.mnx, Inc. ' 1 1 G2 Finally, there are a number of provisions designed to prevent unfair practices that may adversely effect DBEs that am now required of the prime contractor for every SD WRLF funded project. • A SDWRLF loan recipient must require its prime contractor to pay its subcontractor for satisfactory Performance no more than 30 days from the prime contractor's receipt of ' payment • A SUWRI,F loran recipient must be notified in writing by its prime contractor prior to any termination of a DBE subcontractor for convenience by the prime contractor. • If a DBE subcontractor fails to complete work under the subcontract for any reason, the SDWRLF loan recipient must require the prime contractor to employ the Six Good-Faith Efforts if soliciting a replacement subcontractor. A SDWRLF loan recipient must require its prime contractor to employ the Sic Good- Faith Efforts even if the prime contractor has achieved its fair share objectives. Project File Documentation of Good-Faith Efforts In addition to narrative summaries of actions and decisions taken to fulfill web of the above affirmative steps, project file documentation must include any relevant information. The ' following are some examples, with the above step numbers in parentheses (R): • Copies of solicitation lists including identified certified MBE/WBEs and small businesses (1 &2) • Printed lists of certified MBE/WBE businesses that may be qualified contractors, as ' obtained from web sites or other official sources (I & 5) • Options for dividing up or adjusting the pace of contracts in excess of $500,000 (3 & 4) • Copies of advertisements. web postings, etc., for bid calls in relevant media (I & 2) • Correspondences with/information from relevant WcmVstate agencies, contractor ' clearinghouses and the like (2 & 5) • Conespondences/bids from any disadvantaged business enterprise (2) • Copies of any bid documentation and instructions to any general/prime contractor for purposes of that contractor's fulfillment of the six good faith efforts (6). ' State or federal officials overseeing the SD WRLF may ascertain the existence of such project file documentation at any time, including but not limited to audits. ' Each procurement contract (prime plus all subcontracter contracts) must include the following term and condition: "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requiremmts is a material breach of this contract which may result in the termination of this contract or other legally available remedies:' ' Finally, the following forms must be completed by the prime contractor for a SD WRLF funded project at the time of bid. A third optional form is to be provided by the prime contractor to be filled out by DBE subcontractors and submitted by DBE sub-contractors directed to the EPA 1 1 48 ' 5/6/14745 AN Z:\Rmhc11\DN1.V:0A\IDI4033\Specs\P.tl I and Documnns - TAP ProIm Pin,, l- Reused 0iM.14.dnc 02.14 M 12 Cnoneem,Inc. 1 G-3 DBE office. The forms and EPA DBE Coordinator contact information for Region 10 ate ' available at www.eoa.eov/osbo. Form Requirement Provided Completed B Submitted To ' EPA Form 6100-2 SDWRLF Loan Prime Contractors DBE EPA DBE Recipient required Subcontractors Coordinator to have prime contractor provide (Submittal is form to options]) ' Subcontractors EPA Form 61063 SDWRLF Loan Prime Contractors DBE SDWRLF ban Recipient mquimd Subcontractors mcipicnt as part of to have prime bid or proposal contractor provide package- ' form to becomes part of SubconhWors in pm)ect file Rid package EPA Form 61064 SDWRLF Loan SDWRLF Loan Prime Contraco0 SDWRLF Loan ' Recipient requimd Recipient recipient as pan of to have prime bid or proposal contractor package-' complete the form becomes pan of m'xa file ' 1 1 49 5/4/149:45.\\1 "/.:\HoiLell\Ilan\r.r1A\1014-033\Sp<+\PVn I list] Docmnems-TAP Pmlca PhamI Rt,--d 05.0214.Joc ' ® 2014 RI 1217np,,,xnng Inc. 1 G4 ' Data Reporting FORM: Procurement or Disadvantaged Business Enterprises by Quarter ' The Corm on the next page must be submitted at the end of any quarter, in which the water system receiving an SD WRLF award, a prime contractor for the system or a subcontractor to the prime procures/contracts for construction, equipment, supplies or services from an applicable business in conjunction with the award. The system must submit this form to the Business Development Deportment regional coordinator. Without these reports the department may not be able to process subsequent requests for cash to pay for procurements. FORM: Disbursemeobs Attributable to Certified Disadvantaged Business Enterprises Also, included here is a second forth, which is required each time that the wale system ' requests cash draw down of its award. The draw-down request must include this sheet in order for the request to be processed. i 1 1 50 ' 5/6/14 9:45 Aa1 L:\Borhea\rno\eod\1014033\sp11\Na lBid lJOCVmunm-1'dp PmKCi lh,e 1- aedsd Oi.01.14.doc 0 ?014 al12 Fngmemg, Lm. 1 1 1 N VI u I -C C V r~ c o c E C W8 ° Q W s Em QL d C O Ti y ° v c W G N o Hm u v C zm u 0 ° Lf LL C a ~v r J W*so 3 CW CL se 1 O W 5$ ~ u~ ~a me D r d a a ~a 5 . 3 W Ca q y~~ a"' C n c n Y ri E C° a w8 C m gc ~y`oW -°o Q~ E cEL 0c5 ~.3 a § o$ m Al \3 v N d a s V o 8 a u` ~ I ad. d Y 0 y ~ i d s e ~ •o. 6 mUm ~ Q „E. o o n L CL, 1 1 51 3/6/14 745 AM Z:\Rothcll\Dan\COA\ 111$ 1133\Spccu\Pan l Rid Document, -'1'.\P P~uj v 1'Lax l - Raised 0i.021A.dnc ®?O1J RFi2 8npnccmig Inc- 1 1 1 1 i o ze 0 H C Wa C ¢ m w w w ~ g u iLe' C v ms 1 0O 08 ; m g a J5 ~ m y„ m 1 g o o~ € o 32. € r ` o s w w w w d, w • e7 E ~ m 1 n ~ W 3~ • =E G N V m W.3 1 Q 0 a C U Ql ~ E - ° F"i Y. a O u a•Z 1 c ~.a? p E 12 a r,. u s ! n L.! ±j w w m @I ~ E 8 ~ u v 2EF Z o, 1 y u e <oN 4 o U n w O 1 ss V 0. r N e%i ! Vi F' e E 1 i 52 1 5/6/14 7N5 AM Z:U1othc11\W.ACOA\ 10 W 033\Spccs\Pan I laid Do-...... TAP Pmjea flux I - Revised Oi.02.14 dnc ® 2014 RI 121iny neenng Inc. 1 1 &EMu s r ^a~ 01,111 Control No. 2090-0030 ' aprcy ADDraved: B/13/2013 Approval Fi drut 0/31/2015 Disadvantaged Business Enterprise (DBE) Program ' DBE Subcontmcmr Utilization Form This form is intended to rapture the prime contractor's actual and/or anticipated use of identified certified DBEI subcontractors' and the estimated dollar amount of each subcontract An EPA Financial Assistance Agreement ' Recipient must require its prime contractors to complete this form and include it in the bid or proposal package. Prime contractors should also maintain a copy of this form on file. Prime Connector Name Project Name ' Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact Address 1 Telephone No. Email Address ' Issuing/Funding Entity: I have identified potential DBE YES NO certified subcontractors - - If yes, please complete the table below. If no, please explain: Subcontractor Name/ Company Address/ Phone/ Email Est Dollar Currently ' Company Name Amt DBE Certified? ' Continue on back if needed ' t A DBE Is a Ckadvarrz d,lAodty,or Woman Surinam Enterprise out has beencertified by an entle, it= which EPA accepts certlfiotlmnx desamed N 4DCFR 33.204-33.205 cr certllled by EPA EPA accepts cerdfiotlans from entitles that nxet or exceed EPA cxrOOOdon suntards as desaNW In 40CFR 33.202. 'Subcontractor is dc-0ned as a company, firm, pint venture, orIndividual who colors into an agrammcnt with a contractor to Provide ' services pursuant loan EPA award of Ormnclalassistance. EPA FORM 6100.4 (DBE Subcontractor Utillzatlon Form] 53 i/6/14 7:1i A.\1 Z:\i ,tbc11\Dan\C0A\1014 033\SP11\Pau I Bid Iloa,menn -TAP Pmica Pb., I -Rased 050114J, ' ®2014 Ri12 E.npnnedng inc. 1 1 ' A uM 5uw OMB Control Nis 2090-0030 ~M RO1~0~ Approved: 8/13/2013 Apps F*ms 8131/2015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Utilization Form ' 1 certify under penalty of perjury that the forgoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). ' Prime Contractor Signature Print Name Title - Date 1 ' The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. 1 EPA FORM 6100-4 (DBE Subcontractor Utilization Form) 54 ' 5/6/14]:45:\)1 'J.:\Ro~hell\~an\C0:1\IOW033\Specs\Pan I Bid Documcne-TAPPmpc,Pl,s I-Rmised O5021Jd 020141012 Cngncedng Inc A~j~ry~y~dyg.a~ Univad S. naraum 0411 Control No: 2090.0030 ' \/Y /7 savor, Approver: 8113/2013 Approval Expires: 0/31/2015 Disadvantaged Business Enterprise(DOE)Program , DBE Subcontractor Performanta Form This form is intended to capture the DBEI subcontractor's' description of work to be performed and the price of , the work submitted to the prime contractor. An EPA Financial Assistance Agreement Recipient trust require its prime contractor to have Its DBE subcontractors complete this forth and Include all completed forma in the prime contractors bid or proposal package. Subcontractor Name Project Name , Bid/ Proposal No. _77! ement ID No. (if known) Point of Contact ' Address Telephone No. Email Address ' Prime Contractor Name Issuing/Funding Entity Contract Item Number Description of Work Submitted to the Prime Contractor Price of Work Involving Construction, Services, Equipment or Supplies Submittedtothe Prime Contractor ' DBE Certified By. _ DOT _ SBA Meets/exceeds EPA certification standards? -Other. -YES _NO_Unknown ' I AME ua D'nadrantagesl, Mirrady, or woman Business Emerpnw that has Isom certified by an em dy from which EPA ao.'ts oertdcatiom as ' descnbed m 40 CFR 33.20433105 or mdiied by EPA EPA adepts Certificatbm from entities that meet or eaeed EPA cedditatlon standards as described in 40 CFR 33.202. 7 Submntra¢or is defined as a company, firm, joint venture, or individual who enters into an agreement wat h a mntraeor to provide seenoes pursuant to an EPA award of fbna etal assiedame. ' EPA FORM 61063 (DBE Subcontractor Performance Farm) 1 55 5/6/14]:45 A>f %:\amhell\Dhn\COA\1014-033\Sp ,\Pon 1130 INeumams-TAP PmjeaPinaeI.Ruci:d0i.02U.d- 02014 M 12 E-ginv nng Inc ' 1 A uaue SUm OMB LmIml No- 2070-0030 A. mnaumon Appovcd: 8/13/2013 Approval Expke. 813112015 Disadvantaged Business Enterprise (DBE) Program DBE Subcontractor Performance Form 1 terrify under penalty of perjury that the forgoing statements are true and correct Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor. I will adhere to the replacement requirements set forth in 40 CFR Part 33 Section 33.302 (c). ' Prime Contractor Signature Print Name Title Date ' Subcontractor Sl ature Print Name Title Date 1 The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Emrmnmental Protection Agency (28227), 1200 ' Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. 1 EPA FORM 61003 (DBE Subcontractor Performance Form) 56 5/6/149:45 nnn z:A6o,hd1A AnVGgA\m1+o33\SP,,,VP,n I Nd uo,., ,-.-1AP P-,-, PhU,c I - rsnt,,d 0503.14 -dot ' 0 3014 nut nngn„dng lnc. 1 A ude.d sum ONH Control No:2090-0030 ' 1i`Ar Appm'ed.8/13/2013 Approval Expires 0/3112015 Disadvantaged Business Enterprise (DOE) Program ' DBE Subcontractor Participation Form An EPA Financial Assistance Agreement Recipient must require its prime contractors to provide this form to its , DBE subcontractors. This form gives a DBEs subcontractor[ the opportunity to describe work received and/or report any concerns regarding the EPA-funded project (e.g., in areas such as termination by prime contractor, late payments, etc.). The DBE subcontractor can, as an option, complete and submit this form to the EPA DBE Coordinator at any time during the project period of performance. ' Subcontractor Name Project Name Bid/ Proposal No. Assistance Agreement ID No. (if known) Point of Contact , Address ' Telephone No. Email Address Prime Contractor Name Issuing/Funding Entity: Contract Description of Work Received from the Prime Contractor Involving Amount Received Item Construction, Services, Equipment or Supplles by Prime Number Contractor ' 1 t A DBE ka of a antagE, Minority, or vroman 8u raa Enterprise that lm been certified by an entity from which EPA accepts cerdfications an desmbd in aD CM 312N-33.205 or o rtif.d by EPA. EPA amepts re,dfirations from enddes that meetor exceed EPA mrditxdon standards x described in ao CFR 33.2D2. I Subcoru or is delloed asacompany, Ono, pint venture, or Individual who enters into anagrvement wild a contrarior to provide services pursvm loan EPA award of financial a W,tarac. , EPA FORM 6100-2 (DBE Subcontractor Participation Form) 1 57 5/6/14 I AM 7:\eonren\Ilm\CC1A\IOHJH3\Spo'-\run I raid Dncumems-9'AP P-jec1 r1,x,e I-Remo osozu.doe 0 202111) R RI 12 R, 'needng, inc. ' 1 1 A wane 5 OUR Concml No. 2090-0030 EmirOnmOn41 P,OIMUOn Aoe,ry Appmvcd: 8113/2013 Approval Espl,es 0/31/2015 Disadvantaged Business Enterprise (DBE) Program ' DBE Subcontractor Participation Form ' Please use the space below to report any concerns regarding the above EPA-funded project: 1 1 ' SubcontractorSl amre Print Name ' Title Date ' The public reporting and recordkeeping burden for this collection of information is estimated to average three (3) hours per response. Send comments on the Agency's need for this Information, the accuracy of the provided burden ' estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, US. Environmental Protection Agency (28227(,1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address. EPA FORA( 6100-2 (DBE Subcontractor Partlcipation Form) 58 Z\❑otL<II\Uad\coa\tma.oll\\pca'\Pan I Bid Duoimm~p. r,kp P_,, Phv,c l- R.,md 0302 Id.doc ' 5/6/14 7 49 AM 1 Six Good-Faith Efforts ' Any public water system receiving an award from the Safe Drinking Water Revolving Loan Fund ' (SDWRLF)and the Drinking Water Protection Fund must ensure good-faith implementation of the six good-faith efforts comprising the federal "Fair Share Program," for the solicitation of all contractors providing construction, equipment, supplies, engineering or other services that ' constitute the project financed by the award. (See detail in SDWRLF Program Handbook - Appendix G at the following link: http://www.orinfrastructure.org/assets/docs/IFA/09SDWRLFhandbook.pdf) ' Documentation demonstrating that these six good faith efforts have been taken must be included and maintained in the water system's project files. The prime contractor must also adhere to the following six good-faith efforts in soliciting its subcontractors: ' Project Name: Project No: Type of Service Solicited: ❑ Engineering ❑ Construction Contractor ❑ Construction Sub- , contractor []Equipment/ Supplies ❑ Other ' Name of Solicitor : 1 Name of Company selected: Six Good-Faith Efforts Did you IL M please explain what you did and # pursue attach the supporting document (see Project ' this File Documentation list under Appendix G) effort? If no please explain why this effort is not being pursued. ' Ensure DBEs are made aware of contracting opportunities to the ❑ YES fullest extent practicable through outreach and recruitment activities. ❑ NO ' 1 For Indian Tribal, state and local government recipients, this will include placing DBEs on solicitation ' lists and soliciting them whenever they are potential sources. 1 Make information on forthcoming opportunities available to DBEs and ❑ YES ' 2 arrange time frames for contracts and establish delivery schedules, where ❑ NO the requirements permit, in a way , that encourages and facilitates 59 5/N149V5 AM ZANMhOADue\COA\1014A4j\S,11\1'an I Bid Duamuvus - 'PAP Pmica Ph,n l- Kt, ikd 05.0214_dnc ' ® 2014 8112 Enpneenn& Inc 1 ' participation by DBEs in the competitive process. This includes, ' whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before ' the bid or proposal closing date. ' Consider in the contracting process ❑ YES whether firms competing for large contracts could subcontract with ❑ NO DBEs. For Indian Tribal, state and local 3 government recipients, this will include dividing total requirements, when economically feasible, into ' smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. Encourage contracting with a ❑ YES ' 4 consortium of DBEs when a contract is too large for one of these firms to ❑ NO handle individually. ' Utilize the services of the Small ❑ YES Business Administration (SBA) and the 5 Minority Business Development ❑ NO Agency of the Department of Commerce. If the prime contractor awards subcontracts, require the prime contractor to take these six good-faith ❑ YES 6 efforts in subcontracting with Disadvantaged Business Enterprises ❑ NO ' for any subcontract that they let. 1 60 ' ®101J :In AMnnccdng, Inc GUot1ic1 1>&\C0A\ION-033\Specr\Port I Bid Donunnue-TAP Pmjm, PLVSCI-iloiscd 0i02611oc HJ 12 1 DAVIS BACON GENERAL DESCISION NUMBER ' General Decision Number: OR140056 04/25/2014 OR56 ' Superseded General Decision Number: OR20130056 ' State: Oregon Construction Type: Heavy County: Jackson County in Oregon. ' HEAVY CONSTRUCTION PROJECTS Modification Number Publication Date , 0 01/03/2014 1 01/17/2014 2 04/25/2014 CARPOGOI-036 06/01/2012 ' Rates Fringes Carpenters: ' Including Form Work $ 32.61 14.44 BLEC0659-012 01/01/2014 Rates Fringes ' ELECTRICIAN 30.27 14.96 ENGI0701-032 01/01/2014 Rates Fringes Power equipment operators: ' GROUP 1 38.25 13.70 GROUP IA 40.16 13.70 GROUP 1R 42.08 13.70 GROUP 2 36.56 13.70 GROUP 3 35.54 13.70 ' GROUP 4 $ 34.56 13.70 GROUP 5 S 33.43 13.70 GROUP 6 30.34 13.70 POWER EQUIPMENT OPERATORS CLASSIFICATIONS ' GROUP 1: CRANE: Helicopter Operator, when used in erecting work; Whirley Operator, 90 ton and over; LATTICE BOOM , CRANE: Operator 200 tons through 299 tons, and/or over 200 feet boom; HYDRAULIC CRANE: Hydraulic Crane Operator 90 tons through 199 tons with luffing or tower attachments; GROUP IA: HYDRAULIC CRANE: Hydraulic Operator, 200 tons and ' over (with luffing or tower attachment); LATTICE BOOM CRANE: Operator, 200 tons through 299 tons, with over 200 feet boom; 61 5/6/14 TAi AM avl.a\COA\ImR.ov\sp«,\r.,, I Bid Do,u FAP N.,1 Nu,~I- Ra;,,d 0s.02.14A,.e , 0 2014 R112 8ngnecnng Inc. 1 ' GROUP 1B: LATTICE BOOM CRANE: Operator, 300 tons through 399 tons with over 200 feet boom; Operator 400 tons and over ' GROUP 2: CRANE: Cableway Operator, 25 tons and over; HYDRAULIC CRANE: Hydraulic crane operator 90 tons through 199 tone (without luffing or tower attachment); TOWER/WHIRLEY OPERATOR: Tower Crane Operator; Whirley Operator, under 90 tons; LATTICE BOOM CRANE: 90 through 199 ' tons and/or 150 to 200 feet boom; HYDRAULIC CRANE: Hydraulic crane operator, 50 tons through 89 tons (with luffing or tower attachment); Rubber tired scraper with tandom scrapers; Bulldozer over 120,000 lbs and above; CRANE: Derrick Barge Operator 30 ton but less than 150 ton; Blade Operator-Robotic GROUP 3: HYDRAULIC CRANE: Hydraulic crane operator, 50 tons through 89 tons (without luffing or tower attachment); LATTICE BOOM CRANES: Lattice Boom Crane-50 through 89 tons (and lees than 150 feet boom); Rubber Tired Scraper: with tandom scrapers; self loading, paddle wheel, auger type, finish and/or 2 or more unite; Bulldozer over 70,000 The up ' to and including 120,000 lba GROUP 4: CRANE: Hydraulic Crane Operator, under 50 tons; LATTICE BOOM CRANE OPERATOR: Lattice Boom Crane operator, under 50 tons; TRACKHOE-ROBOTIC: up to and including 20,0000 lbs. with any or all attachments; DRILLING: Chum Drill and Earth Boring Machine Operator; Directional Drill Operator over 20,000 lbs pullback; CRANE: Chicago boom and ' similar types; Boom type lifting device, 5 ton capacity or less; Asphalt Paver; Rubber-Tired Scraper, single engine, single scraper; Compactor-Self Propelled; Bulldozer over 20,000 lba and more than 100 horse up to 70,000 lbs; CRANE: Derrick Barge Operator less than 30 ton; Piledriver; ' Screed; Blade operator GROUP 5: TRACKHOE HYDRAULIC: up to and including 20,000 Its.; Boom truck operator; DRILLING: Chum Drill and Earth Boring ' Machine Operator; Directional Drill Operator less than 20,000 lbe pullback; Concrete Pumper; Concrete Paver: Compactor; Forklift over 5 ton, Bulldozer 20,000 lbs or 100 horses or less; Mixer operator; Roller ' GROUP 6: Oiler; Bobcat/Skid Loader; Grade Checker; Crane oiler; Asphalt Spreader; Broom Operator; Forklift; Roller (non-asphalt) ' Zone Differential (add to Zone 1 rates): Zone 2 - $3.00 Zone 3 - $6.00 ' For the following metropolitan counties: MULTNOMAH; CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA; CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS INDICATED: 62 ' 5/6/147:4i A>1 Z:\BmheH\Uau\COd\1()66033\Sp ,\Nrt I Bid D..-,, T.\P Pmjcct Pha±el-Rt~laJ 05.021J.Jm 01014 R1121:ngineenng I., 1 All jobs or projects located in Multnomah, Clackamas and ' Marion Counties, West of the western boundary of Mt. Hood National Forest and West of Mile Post 30 on Interstate 84 and West of Mile Post 30 on State Highway 26 and West of Mile Post 30 an Highway 22 and all jobs or projects located ' in Yamhill County, Washington County and Columbia County and all Jobe or prrjects located in Clerk i Cowlitz County, Washington except that portion of Cowlitz County in the Mt. St. Helena 'Blast Zone- shall receive Zone I pay for all classifications. ' All jobs or projects located in the area outside the identified boundary above, but leas than 50 miles from the Portland City Hall shall receive Zone II pay for all , Classifications. All jobs or projects located more than 50 miles from the Portland City Hall, but outside the identified border ' above, shall receive Zone III pay for all classifications. For the following cities: ALBANY; BEND; COOS BAY; EUGENE; GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG All jobs or projects located within 30 miles of the ' respective city hall of the above mentioned cities shall receive Zone I pay for all classifications. All jobs or projects located more than 30 miles and less than ' 50 miles from the respective city hall of the above mentioned cities shall receive Zone II pay for all classifications. ' All jobs or projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications. IRON0029-011 07/01/2013 ' IRONWORKER (Ornamental, Rates Fringes Reinforcing, and Structural) $ 34.12 21.35 LAB00001-030 09/01/2013 ' Rates Fringes Laborers: (Mason , Tender-Cement/Concrete)___.......5 27.63 12.85 LAR00001-031 06/01/2013 Rates Fringes ' Laborers: (Mason Tender-Brick)...$ 27.63 12.85 63 3/0/14 745 AM Z'\B,he11\Oaa\COA\10144113\Sla \NnIeNIN¢inenc-'LiPPmFa Phac1-R.~i.s-005.02144 e 2014 8112 Rnglnmdng Inc ' 1 1 1 LAB00003-021 06/01/2013 Rates Fringes Laborers: ' GROUP 1.............$ 26.09 12.85 GROUP 2........... . . . . 27.09 12.85 GROUP 3 5 22.57 12.85 ' LABORER CLASSIFICATIONS GROUP 1: Blaster, Demolition; General Laborer; Chain Saw ' GROUP 2: Vibrating Plate GROUP 3: Flagger, Traffic Control-Cone Setter ' • PAIN0055-030 07/01/2013 Rates Fringes Painters: _-~-Including Brush and Roller..$ 18.01 8.83 PLAS0555-006 06/01/2012 ' Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 29.98 17.76 ' TEAM0037-011 06/0112013 Rates Fringes ' TRUCE DRIVER GROUP 1 26.90 13.75 TRUCK DRIVERS CLASSIFICATIONS ' GROUP 1: Flatbed Truck SUOR2009-054 11/23/2009 Rates Fringes HIGHWAY/PARKING LOT STRIPING: Painter.' ........................5 23.79 6.57 LABORER: Asphalt Spreader.......; 22.18 9.39 LABORER: Form-Stripping $ 19.27 6.32 ' LABORER: Grade Checker $ 20.02 7.22 LABORER: Landscape $ 10.60 1.80 64 ' 5/6/147:45 A\1 Z/\B(chc11\Dee\C0A\I0I40I3\Spccs\Pon I Bid Documnn,-'1AP Pmjca Phvse I- Rii, rd 05p2,14Ac 0 201413112 Lnti nccnnR, Inc 1 LABORER: Pipelayer 18.57 6.29 ' OPERATOR: Backhoe 21.68 5.88 OPERATOR: Excavator 21.61 7.05 OPERATOR: Loader $ 22.91 7.72 ' OPERATOR: Mechanic $ 26.57 9.97 OPERATOR: Tractor $ 20.00 0.73 ' PAINTER: Spray $ 19.77 0.00 TRUCK DRIVER: Dump Truck $ 16.00 6.33 ' TRUCK DRIVER: Lowboy Truck $ 17.07 5.50 TRUCK DRIVER: Off the Road ' Truck $ 21.86 7.08 TRUCK DRIVER: Water Truck $ 18.91 6.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after ' award only as provided in the labor standards contract clauses (29CPR 5.5 (a) (1) (ii)). 1 The body of each wage determination lists the classification ' and wage rates that have been found to be prevailing for the cited type(a) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. ' Onion Identifiers An identifier enclosed in dotted lines beginning with ' characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first t four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is 1 65 5/6/147:45d\1 %:\i{olhell\~n\COA\I nI A-n}}\,tipecs\Pert 113iJ Dnaimrins-'I'AI'Pmject Phase l - R,.imd 05.02.14.Joe ' 02014 8112 Rnginernng, inc. 1 ' an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. ' Onion prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Onion Identifiers Classifications listed under an -SO- identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SO indicates the rates are not union majority rates, ' LA indicates the State of Louisiana; 2004 is the year of the survey: and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued ' as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ' WAGE DETERMINATION APPEALS PROCESS ' 1.) Has there been an initial decision in the matter? Thin can be: ' . an existing published wage determination a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling ' On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted ' because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. ' With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: GG ' 5/4/14tJi,\)I "1_\IMnhell\go\CO.\\IOIJ033\Sptts\Pm I Rid lkrtume~n+-T,{P Pro01?hve I- ftmised05.02.I4.dx 02014 x112 Rnemmnng Inc 1 Branch of Construction Wage Determinations ' Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an ' interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: ' Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. ' Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, ' etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative ' Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Hoard Q.S. Department of Labor ' 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 1 1 1 67 5/6/14 7:4id.\I 7_\MhOR\ .\CO:\\1014033\Spe,\P.n I bid Uocumems-MIP Proja, I'hue 1-Rmud 05.0214d. 0 2017 R1 1p I?nenccring Inc. , 1 ' EXHIBIT A ' CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS ' 1. Contractor is Independent Contractor a. Contractor shall perform the work required by this contract as an independent contractor. Although the City ' reserves the right (i) to specify the desired results; (ii) to determine (and modify) the delivery schedule for the work to be performed; and (iii) to evaluate the quality of the completed performance, the City cannot and will not control the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate means and manner of performing the work. ' b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal government or the State of Oregon, and (ii) meets the specific independent contractor standards of ORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D. c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. ' d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. ' 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior written consent of the City. Such consent if provided shall not relieve the Contractor of any of the obligations under the contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. If the City consents in writing to an assignment, sale, disposal or transfer of the ' Contractor's rights or delegation of Contractor's duties, the Contractor and its Surety, if any, shall remain liable to the City for complete performance of the Contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the City otherwise agrees in writing. [OAR 137-049-0200(2)] ' Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with City. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the City at City's option, in the event this agreement is terminated for default of Contractor. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to City. Contractor further agrees that if subcontractors are employed in the performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656, Workers' Compensation. ' 3. No Third Party Beneficiaries City and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing ' in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. 68 ' 5/6/:47A,.\U Z/\9o,hdi\ +.\COA\IOIJ-033\Sp ,\P.n l Rid lhxummm-TAP Pmjea Pharr l - RnixdO50114Arc ®3UA M 118n8nttnng Inc 1 4. Successors in Interest The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their ' respective successors and approved assigns, if any. 5. Contract Documents The Contract Documents, which comprise the entire Contract between the City and Contractor, include all sections or ' parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Form, Surety Bond, Public ' Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions, Plans entitled" TAP Emergency /nterde Proiect- Phase 1", Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage BOLO if applicable AND any other separately bound reference, Oregon 2008 Standard ' Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 6. Contractor's Representations ' By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the ' Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey ' understanding of terms and conditions for performing and furnishing the project work. 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the City that it has a drug-testing program in place for all its employees that ' includes, at a minimum, the following: A. A written employee drug-testing policy, ' B. Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and C. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject ' Employee is under the influence of drugs. b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee Drug- testing Program." For the purposes of this section, an employee is a "Subject Employee" only if that ' employee will be working on the Public Improvement project job site. c. By executing and returning this contract the Contractor certifies, represents and warrants to the City that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further, the City's performance obligation (which includes, without limitation, the City's obligation to make payment) is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: ' A. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the ' subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or B. Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee , Drug-testing Program for the duration of the subcontract. 69 5/6/147:45 AU %:\Bo1he0\do\C0A\101403\SP ,\19n IM IArtvmenu- TAP Pmjac, Pharr I - P i.dOi.02.14.d« 0 2014 BI 12 Eng-& Inc , 1 8. Notice to Proceed ' Written Notice to Proceed will be given by the City after the contract has been executed and the performance bond, payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably delayed and shall generally occur within five (5) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the written Notice to Proceed. Contractor is not to commence work under the Contract prior to such written notice. ' 9. Suspension of the Work The City, and its authorized representatives, may suspend portions or all of the project work due to causes including, t but not limited to: a. Failure of the Contractor to correct unsafe conditions; ' b. Failure of the Contractor to carry out any provision of the Contract; c. Failure of the Contractor to carry out orders; ' d. Conditions, in the opinion of the City, which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; ' f Any reason considered to be in the public interest. The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work ' is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (f), the Contractor is entitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from ' such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the City that the Contractor has not progressed satisfactorily with the Work in ' accordance with specifications. 10. Early Termination ' a. The City and the Contractor, by mutual written agreement, may terminate this Contract at any time. b. The City, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion. c. The City may terminate this contract, in whole or in part, at any time for any reason considered by the City, in the exercise of its sole discretion, to be in the public interest. The City will provide the Contractor, and ' the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the City or the Contractor may terminate this Contract in the event of a breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party ' written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 70 5/6/147:45 AM '1.:Aand~ullADa1aVCOAA1014-033\SpmsVN,,Bid D-u-1, IAPP-ia,tPh,rI - Itmi,d 05,021 tdnc 0 201411112 H,nn-m, Inc. 11. Payment on Early Termination t a. If this contract is terminated under 10(a)(b) or (c), the City shall pay the Contractor for work performed in ' accordance with the Contract prior to the termination date. b. If this contract is terminated under 10(d), by the Contractor due to a breach by the City, then the City shall pay the Contractor as provided in subsection (a) of this section. ' c. If this contract is terminated under 10(d), by the City due to a breach by the Contractor, then the City shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided ' for in section 12, Remedies. 12. Remedies In the event of termination under 10(d), by the City due to a breach by the Contractor, then the City may complete the ' work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the City the amount of the reasonable excess. After notice of termination under ' paragraph 10(c), the Contractor and the Contractor's surety shall provide the City with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. ' The remedies provided to the City under section 10 through 12 for a breach by the Contractor shall not be exclusive. The City also shall be entitled to any other equitable and legal remedies that are available. , In the event of breach of this Contract by the City, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section I l(b). 13. Access to Records ' Contractor shall maintain and the City and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, ' and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the City. 14. Ownership of Work , All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of City. Draft documents and ' preliminary work submitted to the City for review and comment shall not be considered as owned, used or retained by the City until the final document is submitted. The City shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other ' intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. ' Use of any work product of the Contractor by the City for any purpose other than the use intended by this contract is at the risk of the City. Use of any work product by Contractor is prohibited without the written consent of the City. All documents or other materials submitted to City by Contractor shall become the sole and exclusive property of ' City. Such materials are subject to Oregon Public Records laws. 1 71 5/6/14745 A\1 L:\Rn[hell\IJan\COA\IUI{.f133\Spae\I4n I Rid Documenn-TAP 14njvd Ph- l - R,,md U5112.14 doc ' 0 2014 RE 12 Engneenng Inc. 1 15. Compliance with Applicable Law ' Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth ' on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.110 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. ' Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other ' applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board ' The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (i.e., construction work) will be licensed with the Construction Contractors Board or licensed by the State Landscape Contractor's Board in accordance with ORS ' 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/ BOLI Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance ' with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor, subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate ' of wage, whichever is higher. Copies of the applicable locked in federal Davis Bacon wage rate can be found on page 61 of this document and current BOLI January 1, 2014 Prevailing Wage Schedule can be found at the following website: www.oregon.gov/boli. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications ' information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2)(c). (see attached rate schedules) ' b. Contractor shall be bound by and shall fully comply with Oregon law which, effective January 1, 2006, requires projects that are funded in whole or in part with federal funds to pay the higher of either the federal Davis Bacon rates or Oregon prevailing wage rates. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH THE FEDERAL LABOR STANDARD PROVISIONS AND GUIDELINES ' (Pages 21-39 of this document) AND WITH ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required. in the form of a BOLI document, is included in the contract and bid documents and made a part hereof by this reference. For ' public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(I)] 72 ' 5/6/14 ?A5 AM Z;\aoiLdl\D..\C0A\1014-033\S,,,A ,I laid D,,aimnns-TAP 11-,&Ph,s, l- R,,iu d 03.02.14.doc 0'01411112 Lnpnreduy Inc. 1 c. City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or ' before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland Oregon 97232. ' d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by ' ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the ' bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. ' e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (SOLI), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement ' in writing that conforms to the requirements of ORS 279C.845. 18. Hours of Labor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] ' Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: ' a. A. 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 B. 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 b. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. c. Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. ' d. When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the , contractor has: A. Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. ' B. Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. e. At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. ' [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.5301 a. Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co- ' partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that ' the contractor agrees to pay for the services and all moneys and sums that the contractor collected or 73 5/6/14 0.4 L Hoynconng lne '/.:\BinL-0\Dam\COA\~o11-o71\specs\Pem I Bid Donunemr-1AP Pmjem PW I- ROiud niD114,doc , 1 deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. ' b. Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that ' each of its subcontractors complies with these requirements.. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430. [279C.555] "Retainage" means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys ' retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) at the election of the contractor, paid to the contractor in accordance with the two options below: ' a. The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. In such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or ' securities shall accrue to the contractor. ]or] b. If the contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in ' a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. If the contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: ' A. Bills, certificates, notes or bonds of the United States. B. Other obligations of the United States or its agencies. C. Obligations of any corporation wholly owned by the federal government. ' D. Indebtedness of the Federal National Mortgage Association. E. General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated ' with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS ' 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retainage, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an ' amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 21. Progress Payments ' a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. 74 ' 5/6/14 NiA\I G\antncll\~b\CO:\\IOH 013\Spcc,\Part I Rid lbcumcnu- TAP Prcjca Ph.,c I- nc,;rd 05.0214doc ® 814 In [2 Enp-nng Inc. t b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City 1 for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These estimates shall include value of labor performed and materials incorporated in the work since ' commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but , delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise ' protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such ' payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless approved by the City. ' c. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon ' direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. If the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress ' estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. ' e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until ' such claim has been resolved to the satisfaction of City. f Progress payments will be made by City on a monthly basis within thirty (30) days from sign-off by the Contractor of the progress payment or fifteen (15) days after the payment is approved by City of work ' performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.570(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.570(4)(5)(6). ' g. Payment will be issued by City for the amount of the approved estimate, less five percent (5%) retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainage shall be withheld and retained by City until it is included in and paid to Contractor as part of the ' final payment of the Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent (97.5°/x) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent (100%) of the contract value or estimated value or estimated cost, whichever is greater, of the work remaining to be done. ' [279C.570(7)] h. The City may decline to approve an application for payment and may withhold such approval if, in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. t The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullify the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss , because of. (1) defective work not remedied, (2) third party claims filed or failure of the Contractor to make 75 5/6/14 7:45AM 7l\9lhU\~.\COA\1014-033\Sp ,\P.n I aw 1N.n nn-TAP Pmw,Pros I-Rni.d05.011Jdo 0 2014 RI12 an&mdng Inv ' payments properly to Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, ' (4) damage to another contractor's work, (5) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated, or (9) exceeding work limits. When any or all of the criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, except as provided in ORS 279C.570(9). ' i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted or progress or other payments allowed until the Project is completed, ' unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)] ' 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notify the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete, the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete, the City shall, within fifteen (15) days after receiving notice, make an inspection and either accept the work or notify Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms ' of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages, if applicable. b. FINAL COMPLETION. Contractor shall notify the City in writing when work is 100% complete. If it ' appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall, within fifteen (15) days after receiving notice, make a final inspection and either accept the work or notify Contractor of work yet to be performed on the Contract. A Certificate of Final Completion ' shall not be prepared until all provisions of the Contract have been met, including but not limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exhibit H). ' c. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise ' provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Performance and Payment Bonds in accordance with Section 29. The City shall include ' in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. ' d. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted 76 ' 3/6/14 7:45 A>1 %:\Roihe0\Iho\CO.\\11114-033\SPecz\3R I Bid IA¢vmcnn- TAP Proµ. Ph, 1. Roi.ad 05,01.14.d 0 2014 RI 12 I:ngnan~, Inc. 1 and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. e. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional ' compensation arising from errors of computation in the final estimate within a period of one (1) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractors last known address as shown in the records of City. The City's issuance of a revised final ' estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (1) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be ' conclusive with respect to the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. f Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit ' the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the interest on final payment/ retainage requirements of ORS 279C.570(8). g. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work; for determination of the work done and the ' amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a revised final estimate and Certificate of Final Completion and processing same for payment , all have been carried out. h. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has ' been satisfied. i. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in ' accordance with the terms of the Contract. j. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work. No payment, however, final or otherwise, shall ' operate to release Contractor or its Sureties from warranties or other obligations required in the performance of the Contract. k. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS ' 279.570(9). 23. Change Orders / Extra Work ' The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change orders. A change order submitted by the City must be agreed upon by the Contractor, the City, and the Funding Agency, and in the event of failure to so agree, the City may then proceed with any additional work ' in any manner the City may choose. A decision by the City to proceed to have work done by another party shall in no way relieve either the Contractor or City of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the City designated Contracting Officer or individual with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such ' authorization must be in writing. The parties expressly recognize that, except when such order is in writing by an individual with delegated authority, City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional compensation. Failure of the Contractor to secure City ' authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price 77 5/6/14 7:45 AM 7~\an,WINF%t.\COA\101.033\5p ,\Pan IHid IN.,n,,nn-Tae P-p. Ph..1-Rai,d 05M14 d. 0 2014 R112 Fngnrering Inc. ' 1 or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by ' way of restitution and quantum menuit for any and all extra work performed by Contractor without express and prior authorization of the City. 24. Contractor/Subcontractor Payment Obligations t a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this ' contract: A. payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ' B. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the ' subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not ' receive payment from the City or contractor when payment was due. The interest penalty shall be: (1) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and ' (2) Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of ' such contract condition, a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] ' c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(I)]. ' d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract ' pursuant to subsections (3) and (4) of ORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)] ' e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(I)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums ' withheld from employees pursuant to ORS 316.167. [ORS 279C.505(1)(d)] f Pursuant to ORS 279C.515(1), if 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 the ' Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. 78 5/6/147:45 AU ]:\amhd1\1h.\C0AU014.033\SP ,\Na Inil D--. - TAP Proica Phase I - Rnised05,0114 do 0204 RI 12 I?npnnnng Inc. g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within ' 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10- day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or ' first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, ' but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. It. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the ' person may file a complaint with the Construction Contractors Board, unless payment is subject to a good 'faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.515(4), the payment of a claim in the manner authorized in this section does not ' relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is $18,703 or more, and Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland Municipal Code by ' paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor must post the attached Living Wage notice predominantly in areas where it will be seen by all employees. ' 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor , shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial ' loss if the project work is not completed within the timeframe specified in Section (1) of the Public Improvement Contract. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. ' Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the City Six Hundred Dollars per day ($600.00/day) for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation ' of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in ' respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any ' of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability, Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards , as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of 79 5/6/14 743 A\1 L\Rnihdl\IAn\COA\IOIJAi3\Slxc>\19n I aN Uocumenn - TAP Pmjl. Pnaa I - Roisd n;n2.14.dm 0 M4 FU 12 Engineering, In, ' 1 Contractor's work by City shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend City, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or ' other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, ' errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the City and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the City, and to their ' officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the City connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or ' common law rights of defense and indemnification by the City. Such indemnification shall also cover claims brought against City under state or federal workers compensation laws. Contractor shall also defend and indemnify City from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or ' invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the City, the Contractor shall, if the City so elects and upon tender by the City, ' defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the City or to the City and the Contractor jointly, and reimburse the City for any loss, cost, damage, or expense, including attorney fees, suffered or incurred by the City. 28. Insurance The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described in ' Exhibit C. All costs for such insurance shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the City may elect to take out and maintain at the expense of the Contractor such insurance as the City may deem proper. The City may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided ' is also cause for immediate termination of the Contract. Contractor shall furnish City certificates of insurance acceptable to City prior to execution by the City and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the ' deductible or retention level and required endorsements. Insuring companies or entities are subject to City's acceptance. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or ' decrease the liability of the Contractor hereunder. 29. Performance, Payment and Warranty Bonds / Notice of Bond Claims ' At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of ' all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. ' Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10% of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a ' period of one year from the date of Final Completion. The City may require a separate warranty bond or financial 80 ' 3/t./11745 AM L:\BAMI\Da \COA\1014-033\Spcc.\P.nl laid ouamm~cs_rm, rm,rycl Plus 1-Red.ed Mi02.61doc 0 2014 0.112 Lngi-e Inc. 1 assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial ' assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand ' delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts ' business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. ' The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. Two-Year Warranty , a. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within two years following the date of ' completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the , warranty period. The two-year warranty period shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, ' City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay ' the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor ' No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS ' Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and discrimination by employers against any employee or applicant for employment because of race, religion, color, sex, national origin, marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030, which states that it ' is unlawful employment practice for any employer, because of the race, religion, color, sex, national origin, marital status or age if the individual is 18 years or older or because of the race, religion, color, sex, national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge , from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part.q 32. Construction Debris and Yard Waste , Contractor shall salvage or recycle construction and demolition debris, if feasible and cost effective. If the contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved , site, if feasible and cost effective. [ORS 279C.510(1)&(2)] 33. Environmental Regulations ' 81 i/6/147:45 AM l:\9oth,11\1)o.\COA\LLp1033\S,-\P.,1 I Pid Duamenn-TAP 11 I'M,, I - HnisvJ 0i.02.I4.do, ' 0 2014 RI [2lin~inernng inc. ' Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural ' resources that may affect the performance of the contract. Federal Aeencies: Agriculture, Department of ' Forest Service Soil Conservation Service Commerce Department of National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) Defense, Department of Army Corps of Engineers ' Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services Department of ' Housing and Urban Development, Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management ' Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation ' Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Labor, Department of ' Mine Safety and Health Administration Occupational Safety and Health Administration Transportation, Department of Coast Guard ' Federal Highway Administration Water Resources Council State Aeencies: ' Administrative Services, Department of Agriculture, Department of 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 (Lands, Division of State) ' Water Resources Department Oregon Department of Transportation ' Local Agencies: City of Ashland 82 5/6/14 7:4,, A\1 7-\Rahc1I\Da \CUS\1014 -033\$xcs\11an I Bid Documents -Tar rmKV Ph,c I- Re.Ixd 0502. IJdoc 02014 RE 12 I!njpmcdng Inc. 1 City Council (Ashland Municipal Code) ' Jackson County County Courts t County Commissioners of Jackson County, County Service Districts Sanitary Districts Water Districts ' Fire Protection Districts Historical Preservation Commissions Planning Commission , If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural , resources occurring after the submission of the successful bid, the City may: a. Terminate the contract; b. Complete the work itself; t c. Use non-City forces already under contract with the City; d. Require that the underlying property owner be responsible for cleanup; e. Solicit bids for a new contractor to provide the necessary services; or f Issue the contractor a change order setting forth the additional work that must be undertaken. ' The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a ' condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be ' required by any environmental or natural resource ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of this section without written direction from the contracting agency. Upon request by the City, the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the ' encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section, the City may: a. Terminate the contract; ' b. Complete the work itself; c. Use non-City forces already under contract with the City; d. Require that the underlying property owner be responsible for cleanup; ' e. Solicit bids for a new contractor to provide the necessary services; or f Issue the contractor a change order setting forth the additional work that must be undertaken. If the City chooses to terminate the contract under either subsection(a) of this section, the Contractor shall be entitled ' to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of the work completed. The City shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not ' be held liable for actions or omissions of the other contractor. The change order under either subsection (f) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs, including overhead and reasonable profits, reasonably incurred as a result of complying with the applicable statutes, ordinances, rules or regulations. The City shall have access to the contractor's bid documents when making the ' contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above, the City has allocated all or a portion of the known environmental and natural resource ' risks to a Contractor by listing such environmental and natural resource risks in the solicitation documents; and 83 5/6/14 7:45AM Z\amhdi\+.\COA\1014 033\S,,\P.n I B;d D-.mnl,-TAP P-K,. Ph.-LR-dR5.021A.du ' e:u14 N¢[nyn~ ,Inc 1 1 34. Waiver 4n. a S..i< 1 The failure of the City to enforce any provistomof this contracDShall not constitute a waiver by the City of that or any other provision. City shall not be precluded 'or 'eSto.pped'by':1. lmeasdrement, estimate or certificate made either before or after completion and acceptance of ibork~ of ptayhient4herefore,lfOrl showing the true amount and character ' of work performed and materials furnished by the' '6nt?a6t6r]or fr6m showing that any such measurement, estimate or certificate is untrue or incorrectly made, or that work or materials do not conform in fact to the Contract. City shall not be precluded or stopped, notwithstanding any such measurement, estimate or certificate, or payment in ' accordance therewith, from recovering from the Contractor and their Sureties such damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by City, or by any representative or agent of the City, of the whole or any part of the work, nor any extension of time, nor any possession taken by City, nor any payment for all or any part of the project, shall operate ' as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors ' The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost. ' 36. Governing Law The provisions of this contract shall be construed in accordance with the laws of the State of Oregon and ordinances ' of the City of Ashland, Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County, Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no ' event shall this section be construed as a waiver of the City of any form of defense or immunity.. 37. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. ' 38. Attorney's Fees If a suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover from the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court, may adjudge reasonable as attorney's fees. ' 39. Business License The Contractor shall obtain a City of Ashland business license as required by City Ordinance prior to beginning work under this contract. The Contractor shall provide a business license number in the space provided in this contract. ' 40. Notices/Bills/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: Morgan Wayman, Senior Project Manager ' City of Ashland Public Works Department 84 ZVBolhdlA~hVCOAV 1014-I11]ASpocs\Paa I Bid I~UC11111cnip TAP Pmjeu Pha.c I - Itc icd 05.0214doc 5/6/14 :45 uginccnng I.- 0 2014 7 20 East Main Street , Ashland OR 97520 Contractor: PILOT SOCK EXCAVATION. INC ' 650 r PINE ST, CTC 102B CENTRAt POINT OR 97502 541-664 -9788 and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in ' the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 41. Conflict of Interest ' Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services. The Contractor further covenants that in the performance of this contract no person having any such interest shall be employed. ' 42. Merger Clause THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE ' PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT 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 THE SPECIFIC , INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. , ATTACHMENTS: EXHIBITS A-J ' EXHIBIT A STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS EXHIBIT B COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW EXHIBIT C INSURANCE REQUIREMENTS ' EXHIBIT D INDEPENDENT CONTRACTOR CERTIFICATION EXHIBIT E BONDS (PAYMENT, PERFORMANCE AND BID) EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT G CERTIFICATE OF COMPLIANCE t EXHIBIT H RELEASE OF LIENS AND CLAIMS EXHIBIT I CERTIFICATE OF FINAL COMPLETION EXHIBIT J INSTRUCTIONS TO BIDDERS 85 5/6/14 1:45 A.11 /.:\uni1'e11\Dum\C0AU014.013\Specs\Nz Ib,d Dommmm- 9' All Vojaa Ph,, I Rn6,'d nslL.u.d- ' ® 2014 IU12 EnQ&-m% Inc. 1 ' EXHIBIT B COMPLIANCE WITH APPLICABLE LAW PUBLIC IMPROVEMENT CONTRACT 1 This exhibit contains the requirements for public contracting as set forth in ORS Chapter ' 279C.365 through and including 279C.800 and is available through the City Engineering Office at 51 Winbum Way, Ashland, Oregon or online at www.lea.state.or.ustors. The provisions of ORS 27913.080-Emergency Procurements apply to this Contract. 1 86 Z:\~iniLiii\DVV\COA\IO1J-Pli\S,,c,\VUn I Bid Dnaumnii-'D\P Project Phase I- Recised05112.bl.loe ' ®?O IJR I_Ilivynncadng Inc. PAGE LEFT INTENTIONALLY BLANK ' 1 1 1 1 1 t 87 3/4/14 7Ai AM %:\BoiLr1J\Ovn\COA\1014W S,p ,\Pun I Bid Uoamunt - "I'AP P Phase I -Rc,i-I OS 09.14A.c ' 0 2014 N 12 ICnpncenng 1- 1 ' EXHIBIT C ' PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: ' Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, ' unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. ' Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than ■ $2,000,000 or ❑ $3,000,000 for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; ' personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis. ' ■ Required by City ❑ Not required by City Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less ' than ■ $2,000,000 or ❑ $3,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated. ■ Required by City ❑ Not required by City ' O Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall ' also include: (1) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related to the work while at the site. ' Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be Additional Insureds, but only with respect to Contractor's services ' to be provided under this contract. This coverage shall be by endorsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify, and hold harmless, the City and the City's officers, agents, and ' employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. ' Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required 88 ' 5/6/14]:45 ATI 'l.:Ui(,t1sdl\1%N\COA\1014all\5pccs\Pau IB,d Dnanmrnis-IAll N.iccr Phav. I- ecd4d Ui U?.14&,c 0 2014 RI L Pngneenng, J.- endorsements. Insuring companies or entities are subject to City approval. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self- insured retention's, and/or self-insurance. ' 1 1 1 1 1 1 89 5/6/ 14 7:45 AM 0 ?0H 0.H2 F,nsineenng, Inc. 9PILORO OP ID: MW '`~~OERO CERTIFICATE OF LIABILITY INSURANCE 0 1 DA 5/13/2014Y) 05/1312014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate do" not confer rights to the certificate holder in lieu of such endorsemen s . Phone: 541-7794232 CONTACT NAME: Part Insurance P 1123 ODyl . Fax: 541-7723963 p"~Nf€ ; juc NO: Medford, OR 97504 E-MAIL Hart Insurance Agency AoDREss INSURERIS) AFFORDING COVERAGE HAIG0 INSURERA: Cincinnati Insurance 10677 INSURED Pilot Rock Excavation Inc INSURERB_SAIF Corp 36196 650 E Pine St Ste 1021b Central Point, OR 97502 INSURER C: INSURER D: - INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: _ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IDOL TOLICY EFF 06LICV EXP~ LIMITS Lny TYPE OF INSURANCE POLICY NUMBER MMAJD,'YYYY MMIOD/YY1'V 11115H. MT- W.-R-[7- LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERPI LIABILITY X EPPo151857 0712012013 07120/2014 PREMISES Ee ooynerw S 1,000,00 CLAIMS-MADE Fx~ OCCUR MED EXP(Any one Person) S 15,00 PERSONAL S ADV INJURY $ 1,000.00 GENERAL AGGREGATE $ 2,000,00 GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO S 2,000,00 POLICY X PRO LOC $ AUTOMOBILE LIABILITY V CEOMe~den SINGLE LIMIT $ 1,000,00 B ANY AUTO X EBAOIS1857 07/2012013110712012014 BODILY I NJURY(Per Person) E ALL OWNED SCHEDULED - BODILY INJURY(Peramdent) $ AUTOS X X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE S AUTOS Per aodant $ -X UMBRELLA LAB X OCCUR EACH OCCURRENCE S 4,000,00 A EXCESS LAB CLAIMS-MADE EPP0151857 - 07/2012013 0712012014 AGGREGATE $ 4,000,00 IDED X RETENTIONS 10,0001 1 WORKERS COMPENSATION X WC STAM1T- OTH-I AND EMPLOYERS' LIABILITY B ANY PROPRIETORIPARTNEPJE%ECIRIVE YIN NIA 1784439 0911312013 1109/0112014 E.L. EACH ACCIDENT S 500,00 OFFICER/MEMBER EXCLUDED? (MAn&Wryr NH) 1 EL DISEASE-EA EMPLOYE $ 500,00 Byes, descn0 under OESCRIPTION OF OPERATIONS Mim E.L. DISEASE-POLICY LIMIT S 500,00 A .Lease/Rented Equip EPP0161867 0712012013 0712012014 Limit 100,00 Ded. 50 1 DESCRIPTIONOFOPERATIONS/LOCATONS/VEHICLES(AMr ACORDID1,AdEglonal Ramnb SCMduM,Hmomspagelsrtquimd) City of Ashland and its employees, officers and agents are included as additional insured as respects to general liability and auto liability per forms GA233 and AA4004 attached. Policy provides cancellation provision for t 30-day notice per attached. IA4087. t CERTIFICATE HOLDER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ' City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Hart Insurance Agency ' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1 1 1 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 05/12/14 Policy Number: EBA 0151857 Named Insured: Pilot Rock Excavation Inc Countersigned by.. - (Authorized Representative) The person or organization named in the following schedule is an "insured" to the extent of their liabilityfor the conduct of another "insured" as provided in SECTION II - LIABILITY COVERAGE, A Coverage, 1. Who is an Insured, Paragraph c. Schedule Additional Insured _ City of Ashland 1 Address: 20 E Main Street Ashland OR 97520 AA 4004 M 06 r i r r r r t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTISTS PACKAGE POLICY EXCESS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE SCHEDULE Name and mailing address of person(s) or organization(s): City of Ashland r Number of days notice (other than nonpayment of premium): 30 A If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least 10 days before the effective date of cancellation. C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. ' D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. ' IA 4087 0811 1 e 1 r _ ~ . ~ r . _ ~ _ ~ ~ ~ ~ 900796 ' A6Fr~.ai daueu Almegsiean Caep¢ry May 12, 2014 PILOT ROCK EXCAVATION INC 650 E PINE ST STE 1028 CENTRAL POINT, OR 97502-2482 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self-Insurance for Workers' Compensation Coverage As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self-Insured Workers' Compensation Plan by way of your co-employment contract with BBSI. BBSI's California customers can also verity BBSI's state certification at __hnp://www.dir.ca.pov/osip/PrivateRoggLpdf-, then scroll down to Barrett (the list is alphabetical by company name). Additional information is as follows: State: Oregon Workers' Compensation Limits_ Employer Liability Limits: Self Insurance Certification 1068 Statutory $5,000,000.0 Each Accident $5,000,000.0 Disease Coverage Limit by Client $5,000,000.0 Disease; Each Employee Other Comments (place an "X" if applicable): Named "Letter Holder": City of Ashland 20 East Main St Ashland, OR 97520 Other: RE: TAP Line Emergency Inter-Tie project, Phase i. PEO contract effective 5/112012. Subject to 30 days:' notice of cancellation. Additionally, BBSI's self-insured program is further suppo!ted by an excess workers' compensation insurance policy vjith ACE American Insurance Co.. Copy of certificate is available upon request. ' For additional information, please contact your local BBSI office at: MEDFORD (541) 772-5469 3512 Excel Drive Suite 107 ' Very truly yours, Medford, OR 97504 Michael L. Elich ' President and Chief Executive Officer dog: LOSt-2 1 1 1 - 1 ' t i s n 4" Y 1 EfF •'k •Y, Ss 4 3 s STATE 'OF OREGON" - t _ CONSTRUCTION `CON TRACTOW BOARD CIC'ENSE CERPIFfCAT,E LICENSE NUMBER 157139 This document certifies that PILOT ,ROCK EXCAY/ATION'INC 65fl E,FJNE STATE 102 B ~CENTRALPOINT OR 97502 IS licensed in accordance w€th Oregon Law as a Commercial General Contractor Level 2 C a r License Details: w EXPIRATION DATE: 09/28!2015 k' Y v ENTITY TYPE Corpgrat€on " f ~ ' INDEP. CONT STATUS EXEMPT 's RESIDENTIAL BONA--NONE COMMERCIAL BOND. $20,000 z yfi INSURANCE $1 000,000 / $2 000 000 RMI RAND HENRY LEBARON- q HOME INSPECTOR CERTIFIED NO, = r 1 1 1 _ business ore • n® January 31, 2012 CONFIRMATION of CERTIFICATION REVIEW RAND LEBARON ' PILOT ROCK EXCAVATION, INC. 650 E PINE ST STE 102B CENTRAL POINT OR 97502-2482 RE: TIER-2 EMERGING SMALL BUSINESS Mr. LEBARON: We are pleased to inform you that the Oregon Office of Minority, Women and Emerging Small Business has reviewed your certification as an Emerging Small Business (ESB). Your firm continues to meett e requirements in State regulation ORS 200 005 and OAR 445-050-0115. FIRM'S-CERTIFICATION# - 5688 s CERXJFlICATION;EXPIRES- January 27 2015> As'a'certified business, your firm will be listed in the State of Oregon, Office of Minority, Women & Emerging.Small Business certified Firm information, which is available through the Internet. This electronic directory is. available to local and state agencies, as well as private industry and prime contractors. ' Your ESB certification status is maintained for three years. At least one month prior to the expiration date listed above, you will be sent information regarding your certification review. ' NOTE: Firms may only be certified in the ESB-program fora period of six years as tier-1 and another 6 years as tier-2. If the expiration date listed above is less than three years from the ' date of this letter your firm will reach the 12 year certification limit by the date and graduate from the ESB program. ' Changes in business ownership, control, operational management, address or telephone number must be provided to this office within 30 days of the change. Failure to do, so may result in de-certification of your firm: ' The following description table indicates the areas (in the form of NAIC codes) In which your firm has been approved, to.perform-worklPlease note that,there;nlay_be some changes to the ' NAIC's codes whichiieslgnate yourfr'm's capability description(s). Also, OMWESB has recently included new (NIGP and ODOT): Bodes designating your certified capabilities which are consistent with your firm's eligibility requirements. These codes were added to assure that ' anyone using the OMWESB directory information is aware.of your capabilities for potential contracting purposes. We recommend you view your firm's information on the Internet under ' 775 Summer St, NE, Suite 200. Salem, OR 97301-1280 503-986-0123 • fax 503-581-5115 • TTY 800-735-2900 • www.oregon4biz.com - 1 your certification number at: http-./Mww4.cbs.state.or.us/ex/dir/omwesb. Please review the information to be sure the codes/descriptions accurately describe your business. If you have questions or suggested changes {egarding.your capabilities and the codes assigned, or if you do not have access to the Intemet,.please.contact the Certification Specialist named at the bottom of this letter and they will assist you: Firm's capabilities: NAICS NAICS description and, if present, firm's capability description 236220 COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION HEAVY AND CIVIL ENGINEERING CONSTRUCTION 237110 WATER AND SEWER LINE AND RELATED STRUCTURES CONSTRUCTION ' WATER, SEWER LINE AND RELATED STRUCTURES Sincerely, ~ • n Q ' SHEILA HAYWOOD, CERTIFICA O SPECIALIST (503) 986-0060 1 1 1 ' Porn 50.8. Page A COW Rears ESS, ESeZSRP . i 1 1 EXHIBIT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR Tx A. CON9TR~A@TUR=1%7_10 ORA=.~ CORPORATION CERTIFICATION: I am authorized to act on behalf of the entity named below, and certify under penalty of pepury that it is a corporat' Pilot Rock Excavation, Inc. (t"~".OL_ WZ 11 Entity Signature ate B. CONTRAGTOR~ISINDEPENDENT.. .,a..,K.> .m.,...,~~r Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards of ORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: 1. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. ' 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. ' 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 701, if the Contractor provides labor or services for ' which such registration is required. 7. Contractor has tiled federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services ' performed as an independent contractor in the previous year. 8. Contractor represents to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. (Check four or more of the following:) XA. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence, which is set aside as the location of the business. __X_B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. 90 5/6/14945 AM Z:\B,,1hd1\DVm\C0A\10140.33\Specs\Na IRid Dxumems-TAP proµcl Phase I -Re%i,ed 05n214A(;c 0 ?014 0.112 Lnbnncunng, Inc C. Telephone listing is used for the business that is separate from the personal residence listing. D. Labor or services are performed only pursuant to written contracts. E. Labor or services are performed for two or more different persons within a period of one year. F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, penalty,, ortorder,Jto1pay.0Contractor shall pay any additional costs incurred by the City in defending such/action or incurred as a result of such action. This indemnification is in addition to any indemnification otherwise in this agreement. Contractor Signature p ate U, I wt•-1.-, 5-7- Project ger Signature Date 1 91 i/L/LI ZJ3 A>I L\HoNcll\IAn\COA\IOIJ-033\SPtte\Pan l Hid Doamvnrs-i.1P Pmjco PLasc l - 0.ou'cd 4i.U2.4Ldoe 0 2014 RI 12 E V,,-m, Inc. t ' EXHIBIT E BOND'S Bond No. 10012031 CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT BID BOND ' We Pilot Rock Excavation, Inc. , a corporation or partnership duly organized under the laws of the State of Oregon and authorized to transact business in the State of Oregon, as "PRINCIPAL," and, We, Hudson Insurance Company a corporation or partnership duly organized under the laws of the State of Delaware and authorized to transact business in the State of 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 Ashland, Oregon, (OBLIGEE) the sum of (a Ten Percent ) Ten Percent of the Amount Bid Dollars. The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid, submitted its Offer for the TAP Emergency Intertie PrQiect - Phase 1, which Offer . I is incorporated herein and made a part hereof by this reference, and Principal is required to firmish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City's.:public 'i contracting rules and contract documents. ~ NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and fiunishes such good and sufficient ,i Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents, then this obligation shall be void, otherwise it shall remain in fitll force and effect If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURELY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten (10) days of such 'I failure. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal ,i representatives this Second day of may 2014 Hudson Insurance Company Pilot Rock Excavation, Inc. 'I Surety ' Principal loo Wilj-iam St 5th Floor NY, NY 10038 650 E Pine St #1020 Central Point, OR 97502 Address" _ A ss A oru v=in%act Kristin Yates [A ceStified copy of the i gent's Power of Attorney must be attached hereto.] IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Oregon. 4/23/161200 PM 507:\Boabdl\D+u\COA\1014-033\Sp.\P-l Bid DOn u-TAP P,ojm Pb. t.d« 0 2014 BN2 Eggmeviog, loc. t 1.` _ i\}~ ~ 1 + 1 w -r 10012031 HUDSON t: surnnr,ECltizurc ' POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the state of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Kristine Yates of the State of OR ' its true and lawful Attomey(s)-in-Fact, at New York, New York, each of them alone to have full power to act without the other or others, to make. execute and deliver on its behalf as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars ' ($10,000,000.00). Such bonds and undertakings when duly executed by said Attomey(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE: COMPANY has caused these presents to be of its Executive Vice President thereunto duly ' ,auth`orizcd, on this'-31st day, of October , 20 13 at New York, New York. HIIDSONINSIBANCE COMPANI' QSE-.Ll Christopher T. Suarez Corporate Secrctary Executive Vice President ' STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 31st day of October , 20 13 before me personally came Christopher T. Suarez to me known, who being by me duly sworn did depose and say that he is an Executive Vice President of IIIIDSON INSURANCE COMPANY, the co ation described herein and which executed the above instrument, that he knows the seal of mid Corporation, that the seal affixed to said instrument is such cor mte seal, that it was so affixed by order of the Board of Directors of said Corporation, and that he 511iffliki name thereto by like order. ~SSION i ..............A.... ' (Notarial Seal) NN M. MU It I rsK'",;syet 10,~Oi'• Notary Public, a of we York •c-,Is'9t' No. 01 MUb 553 Qualified in Nassau County l01k'A11~61` Commission Expires December 10, 2017 ~AIIFl~~ CERTIFICATION STATE OF NEW YORK "dIIC SfA'~~\\\\\\ COUNTY OF NEW YORK hllNIffBIHII ' The undersigned Dina Daskalakis. hereby cenifies: That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 276, 2007, and has not since been revoked, amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vitt Presidents shall have the authority and ' discretion, to appoint such agent or agents, or attorney or attorneys-in-facL for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attorneys-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity commas, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations ' regarding undertakings so made; and FURTHER RESOVLED, that the signature of any such Officer ofthe Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such ollicer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." ` Ti IAT the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and ofthe whole ofthe original and that the said Power of Aliomcy,is-still in full force and effect and has not been revoked, and furthermore that th Resolution of the Board of Directo , set forth in the said Power ot-Attonrtydshow in force. -)I// ^ Viitnessjhc hand of the undersigned and the seal of said Corporation this day o1 / ` ~ , 207 / '44~n,L Dina Doskala , Corpo rate Secrets ' Fo 1082010(v I) r / ~ _ _ f _ ~ , 1 _ 1\ ' 1 ~ 1 1 ^ t. 1 .n_L' . . 1 EXHIBIT E BONDS CITY OF ASHLAND STANDARD PUBLIC IMPROVEMENT CONTRACT BID BOND We, , a corporation or partnership duly organized under the laws of the State of and authorized to transact business in the State of Oregon, as "PRINCIPAL," and, We, a corporation or partnership duly organized under the laws of the State of and authorized to transact business in the State of 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 Ashland, Oregon, (OBLIGEE) the sum of ) Dollars. The condition of the obligation of this bond, is that the PRINCIPAL herein has in response to City's Notice to Contractors and Invitation to Bid, submitted its Offer for the TAP Emergency Interrie Project - Phase I , which Offer is incorporated herein and made a part hereof by this reference, and Principal is required to furnish bid security in an amount equal to ten (10%) percent of the total amount of the bid pursuant to ORS 279C.365 and the City's public contracting rules and contract documents. NOW THEREFORE, if the Offer, submitted by PRINCIPAL, is accepted, and if the Contract pursuant to the Offer is awarded to the PRINCIPAL, and if the PRINCIPAL executes such contract and furnishes such good and sufficient Performance and Payment Bonds as required by the Bidding and Contract documents within the time specified and fixed by the Documents, then this obligation shall be void; otherwise it shall remain in full force and effect. If the PRINCIPAL shall fail to execute the proposed Contract and to furnish the Performance and Payment Bonds, the SURETY hereby agrees to pay the OBLIGEE the surety bond sum as liquidated damages within ten (10) days of such failure. IN WITNESS WHEREOF, we have caused this instrument to be executed and sealed by our duly authorized legal representatives this day of 20_ Surety Principal Address Address ' By: By: Attorney -in-Fact [A certified copy of the Agent's Power of Attorney must be attached hereto.] t IMPORTANT - Surety companies executinn BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Oregon. 92 516/14 7:45 A\1 Z\amhd1\Dau\C0:C\101103\SPa ,\Pan l &d U«vmuuns TAP Project Plu=471 - Re,wd 05 01,14 Mc 0 2014 R12 E.,mn,n,, Inc. PAGE LEFT INTENTIONALLY BLANK 93 5/6/14 7J5 AM 7_'\BofhcllijA*ACOA\1014-033\SpccAPin I Bid Oocumcnis -TAP Pmlca Pharr I - R.+i,cd 03A2.14.doc O'_(IH M! F.n®nn+ing Inc. ' PERFORMANCE BOND The undersigned Pilot Rock Excavation, Inc. as principal, further referred to in this bond as Contractor, and Hudson Insurance company , as surety, further referred to in this bond as Surety, are Jointly and severally bound unto ' Citv of Ashland, as obligee, further referred to in this bond as City, in the sum of line Hundred Ninety Seven Thousand Nine Hundred Ninety Five Dollars (S 111.115.00 ' Contractor and City have entered into a written contract dated May , 2014 for the following proiecr TAP Emergency Interne Project - Phase I This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference The conditions of this bond are: ' I. If Contractor faithfully performs the Contract in accordance with the plans specifications and conditions of the contract within the time prescribed by the Contract as required by ORS 279C 380 through 279C.385, then this obligation is null and void• otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its ' terms and conditions and pay to City all damages that are due under the Contract 3. This bond is subject to claims under ORS 279C.380 through 279C.390. ' 4. This obligation iointly and severally binds Contractor and Surety and their respective heirs executors, administrators, successors ' S. Surety waives notice of modification of the Contract or extension of the Contract time 6. Nonpayment of the bond premium shall not invalidate this bond ' 7. The bond number and the name, address and telephone number of the agent authorized to receive notices concerning this bond are as follows. ' Bond Number: 010012031 ' Bond Agent: Bond Exports II, Ltd. Address: 4850 SM Scholls Ferry Road Suite 204 Portland, OR 97225 ' Telephone: 5037292-2562 SIGNED this 12th day of May 2014. 1 ' 94 5/6/117:45X%1 ddb 7.:\BknLcil\Uata\GOd U01+103\Spres\~"an I lid nurumi,iU-rtlp Pnrym Plus I . RcvierJ Oi.0214A~rc 61011 R112 F.nginrrmig. Inv. 1 1 1 1 PHRFORMANCF BOND Pace 2 WITNESS: CONTRACTOR: r By: ' (Corporate Sea]) Title: P°~Sipaao~j "T Legal Address: 550 E Fine street site 1020 t Central Point, OR 99502 Attest: ' Corporate Secretary WITNESS: / ' SURE4Atjto ance Company (Corporate Sea]) ' _ i TiPact . Legal Address: 100 William Street Fifth Floor ' New York, NY 10038 Attest: attached Corporate Secretary 1 ' 95 5/f./142:45A\I - 7.\I4J¢II\Ihu\<Y1A\IOH.n1J\tilWrs\ISn iaidD...,s-lAPP,,g 111ux1 -Rniscd03.(12.14 duc 0114 8112 G}in,6og, hm, 1 ~ . _ ' _ 1 1 1 ' PAYMENT BOND coot Rock Excavation, Inc. ' The undersigned as principal, further referred to in this bond as Contractor, and Hudson Insurance company . as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Nine Hundred Ninety Seven Thousand Nine Hundred Ninety Five - Dollars (S 999, 995. 00 ` ' Contractor and City have entered into a written contract dated Ray 2014 for the following project TAP Ememency Intertie Project - Phase I This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference ' The conditions of this bond are: I. If Contractor faithfully performs the Contract within the time prescribed by the Contract and promptly ' makes payment to all claimants, as defined in ORS 279C.600 through 279C.620 then this obligation is null and void: otherwise it shall remain in full force and effect 2 If Contractor is declared by City to be in default under the Contract the Surety shall promptly remedv ' the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. ' 3. This bond is subject to claims under ORS 279C.600 through 279C 620 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs executors administrators, successors. ' 5. Suretv waives notice of modification of the Contract or extension of the Contract time ' 6. Nonpayment of the bond premium shall not invalidate this bond 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concemina this bond are as follows: 1 ' Bond Number: 14022031 Bond Agent: Bond experts 11, Led. ' Address: 4850 SW Scholls Ferry Road Suite 204 Portland, OR 97225 ' Telephone: 503-292-2562 ' SIGNED this 13th day of Rey 2014. 1 96 5/6/147: 15 A.\1 7.:\9o~he11\D496C0A1,HH4.01,1\Spty,\Rn 1 Rid pacuaivut A13 Penlm Plum 1- RoweA(15.0214 duc C 2014 8111 Kagiu,nng, Inc. 1 1 1 t 1 1 ' - 1'AYMFNl' BONI) I'aee 2 ' WITNESS: CONTRACTOR: Pile aek-s avation. Ihc. By: L (Corporate Seal) Title: Q~SIL 7 ~-I- Legal Address: Sso s Pine Street ' Central Point, OR 90503 ' Attest: Corporate Secretary WITNESS: ' SURETY: "naeon neurence company (Corporate Seal) Title: att hey in Fact / ` ~ - Legal Address: 100 William Street Fifth Floor - - - - ' New York, NY 10036 Attest: attached ' Corporate Secretary ' 5/6/14]45 nd1 \Ib~hcll\U97 a~d\IUI6038\$pra\I'utl llid u,r:on,rin,-'I'AI'I'rnitn l'Imse I- Rr,ied 0502.14. dot 6 2014 R{12 pnurcrd, Inc. ' ~ 1 1 1 ~ 1 1 1 Bond Number: 10012031 ' HUDSON 1: >IirC,;.'1,aic;RfaJh POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint ' Kristine Yates of the State of OR its true and lawful ADomey(s)-in-Fact, at New York, New York, each of them alone to have full power to act without the other or others, to make, ' execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals. extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of $5,000,000.00 ' Such bonds and undertakings when duly executed by said Atiomey(s)-in-Fact, shall be binding upon said Company as fully and to the same extent as if signed, by the President of said Company under its corporate seal attested by its Secretary. :1n Witness Whereof, HUDSON INSURANCE. COMPANY has caused these presents to be of its Executive Vice President thereunto duly authorized, on this .31st day of October , 2013 at New York, New York. ANY ~ cens mHUDSON INSURANCE COMP I is - Christopher T. Suarez Corporate Secretary Executive Vice President ' STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 31st day of October , 20 13 before me personally came Christopher T. Suarez to me known, who being by me duly swom did depose and say that he is an Executive Vice President of HUDSON' INSURANCE COMPANY, the co mo on described herein and which executed the above instrument, that he knows the seal of said Corporation, that the seal affixed to said instrument is such co rate seal, that it was so affixed by order of the Board of Directors of said Corporation, and that he1W5ki name thereto by like order. k\\\\\\O MURN ' (Notarial Sea]) \\\~N\ 5$ION ',~A M. MU li ' p ,tsba 110, Notary Public, a of N w York No. OIMU 553 Qualified in Nassau County p1M1160E7563 Commission Expires December 10, 2017 a/ALIFlE~~ s,~ery'.IasSgDCERTIFICATION STATE OF NEW O ,//~S l~ AIE COUNTY OF NEW YORK IlIIIIIIIIIIN ' The undersigned Dina Daskalskis hereby certifies: That the original resolution, of which the following is a true and correct copy, was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27ib, 2007, and has not since been revoked, amended or modified: ' "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents, or attorney or attorneys-in-fact, to execute and deliver, under this Company's seal or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations ' regarding undertakings so made; and FURTHER RESOVLED, that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.- THAI' the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and fine that the I~esolulion of the Board of Direct rs, set forth in the said Power of Attorney is now in force. -Witness the hand of the undersigned and the seal of said Corporation this day of , 20 .101E .41 e ina nskalA ,Corporate Secretary Fo 2010 (VI) t ti . ,J - , 1 ,y 1 1 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION ' CITY'S Project No. Project No. _ N/A_ Project: CONTRACTOR Contract For Contract Date ' This Certificate of Substantial Completion applies to: ' 0 All Work under the Contract Documents, or ❑ To the following specified parts thereof: ' The Work to which this Certificate applies has been inspected by authorized representatives of CITY, CONTRACTOR and CITY, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION ' A tentative list of items to be completed or corrected is attached hereto. This list may not be all inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or ' corrected by CONTRACTOR within Days of the above date of Substantial Completion. The following documents are attached to and made a part of this Certificate: Effective as of the last date set forth below, the responsibilities between CITY and CONTRACTOR shall be as follows: ' Security ❑ City ❑ Contractor Operation ❑ City ❑ Contractor Safety ❑ City ❑ Contractor ' Maintenance ❑ City ❑ Contractor Heat ❑ City ❑ Contractor Utilities ❑ City ❑ Contractor Insurance ❑ City ❑ Contractor ' Warranties ❑ City ❑ Contractor 98 ' +/6/14 7:4±AM Z:\nmh01\[hn\C0A\101+011\S,,,\Pan I ald rMCUmrnc-TAP P-,, Ph., I - ftmiwd MAI 14.d 0 J)14 In 12 En,-, Inc. 1 1 Other Responsibilities: City Contractor 1 1 This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a 1 release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. i CONTRACTOR accepts this Certificate of Substantial Completion on: 1 By. 1 CITY accepts this Certificate of Substantial Completion on: 1 By. - 1 CITY of ASHLAND 1 File: 1 i 1 1 1 1 99 >/b/14]:45 AM Z1amhd1\hn\C0A\1014-033\Sl ,\Pon [aid t> .,nl,-'IAP Proja1 Phase I-ReidOiU214Ad ® 2014 RI 12 F.,. wing Inc 1 1 1 ' EXHIBIT G ' CERTIFICATE OF COMPLIANCE CIP Number: ' Contractor: I, (We) hereby certify that all work has been performed and materials supplied in accordance with the plans, specifications and contract documents for the above work, and that: ' I. If required by law, not less than the prevailing rates of wages have been paid to laborers, workmen and mechanics employed on this work. ' 2. There have been no unauthorized substitutions of materials; substitutions or assignment of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the City prior to the start of such subcontracted work. ' 3. All claims and indebtedness for material and labor and other service performed in connection with these specifications have been paid. 4. All moneys due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund, the State Department of Revenue (ORS 316.162 to 316.212) hospital associations and/or others (ORS 279C.530) have been paid. ' S. All private property and easement areas have been satisfactorily restored in accordance with the contract. 6. If Contractor is not domiciled in or registered to business in the State of Oregon, Contractor has reported to the Oregon Department of Revenue such information and in the manner as required by ORS 279A.120(3). Contractor: By: Date: ' Title: 100 ' .516114]45 AM %:\Bothcll\nvu\COd\11114-013\Spms\Part l Pin Doamenis-TAP P....-t Phu-l-R-,M0 02.14 do, 0 2014 8112 Enin -n0, Inc. 1 EXHIBIT H , CONTRACTOR'S RELEASE OF LIENS AND CLAIMS ' [THIS SWORN STATEMENT IS A PREREQUISITE TO CERTIFICATE OF FINAL COMPLETION] TO: City of Ashland , 20 East Main Street Ashland, Oregon 97520 FROM: , PROJECT: ' In connection with our request for final payment for the above project, I, , hereby state that: all subcontractors and suppliers on this project have been paid in full, , all obligations on the project have been satisfied, all monetary claims and indebtedness on this project have been paid, and all disputes with property owners have been resolved. There are no liens or claims of any kind outstanding or threatened against the project. ' Furthermore, I agree to indemnify and hold harmless CITY of ASHLAND from any and all claims for labor or , materials furnished under the contract for the above project. SWORN STATEMENT I hereby certify, under penalty of perjury and false swearing, that the foregoing statements are true and ' correct. Dated this day of 120. Contractor: ' By: Title: ' STATE OF OREGON ) SS. ' County of On this day of , 20 , before me personally appeared =whom -1 know personally ' whose identity I proved on the basis of whose identity 1 proved on the oath/affirmation of a credible witness to be the signer of the above document, and he/she acknowledged that he/she executed the same under oath/affirmation. , Notary Public for Oregon ' 101 5A icy nernny, Inc %:\nn~Lell\Uae\COA\Inta-Ull\Spacs\Pan l B0 Dx 1,-TAP P-,j,Ph- l - ItcciNd 0iD6.14A,)c , 5/6/14 T4M 12 1 ' EXHIBIT I ' CERTIFICATE OF FINAL COMPLETION Project Number: Project: Contractor: Contract Signed: Contract Expires: Contract Completed: Delinquent: ' I hereby certify that 1 have completed my contract, furnished the materials, and performed the work as shown by the final estimate of the City, according to the plans and specifications. t Contractor Title Date The City has determined the project is 100% complete in compliance with all contract documents. Inspector Supervisor Date 1 Project Manager Date CITY ofASHLAAD Tide Date Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the ' Contractor signs the Certificate of Final Completion shall be the date the City accepts ownership of the work and the start date of the warranty period. 102 ' 3/6/14 ] 45 AM ZAB,nh.IA[I .\COA\1014033\SJn11\Pvn I ab 1,% 11 Yrojmt phi, I - Nc, t.A MAI 14.dnc ® 21114 11112 Enen-nng Inc. 1 EXHIBIT J , INSTRUCTIONS TO BIDDERS ' The provisions of Oregon Administrative Rules Chapter 137, Divisions 46 and 49, apply to all bids and contracts ' concerning Public Improvements and Public Works in the City of Ashland. The OAR provisions control over any conflicting language in the City Standard Terms and Conditions, Special Provisions, including Technical Provisions and the OAR provisions are incorporated herein by this reference. 1. SCOPE OF WORK , The work contemplated under this contract includes all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, the completion of all the ' work in connection with the project described in the contract documents, including the general conditions, all applicable special conditions, plans, specifications, or any supplemental documents. 2. EEO AFFIRMATIVE ACTION ' Bidders must comply with the City of Ashland Equal Opportunity Policy for Contractors. The policy is included in and made a part of these Contract Documents and is attached hereto and made a part hereof as Attachment A. ' Contractor shall not discriminate against minorities, women or emerging small business enterprises in the awarding of subcontracts. 3. BID PROVISIONS ' a. Each bid must contain a completed Bid including the following: A. A Bid and Schedule of Prices. B. Acknowledgement that the bidder has received and reviewed all Addenda for the bid. ' C. A statement that all applicable provisions of ORS Chapters 279A-C, including ORS 279C.800 to 279C.870 (Contracting and Prevailing Wages) shall be complied with. D. A statement by the bidder, as part of their bid, that the bidder agrees to be bound by and will ' comply with the provisions of ORS 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. E. A statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. F. A statement as to whether or not the bidder is licensed under ORS 468A.720 for asbestos removal. ' G. A statement that the bidder has a current and valid registration with the Construction Contractor's Board and/or the State Landscape Contractors Board as required by ORS 671.530. H. A statement confirming that the bidder has a Qualified Drug-testing Program for employees in place. [OAR 137-049-0200(1)(c)(B)]. ' 1. First Tier Subcontractor form for the project on the City form (physically received in accordance with ORS 279C.370 within 2 working hours of the bid opening). J. A Surety Bond, Cashier's check or Certified check in the amount of 10 percent of the submitted bid. ' K. Certification: Non-discrimination (in proposal). L. Certification: No Conflict of Interest (in proposal). M. Certification: Not ineligible for Public Works Contracts [OAR 137-049-0230] (in proposal). , b. The City will not mail notice of addenda but will publish notice of any addenda on City's website and post the notice of addenda at: www.ashland.or.us The addenda may be downloaded or picked up at the City of Ashland Engineering Office front counter located at 51 Winburn Way, Ashland Oregon, 97520. Check the ' website and City Hall bulletin board frequently until closing. Addenda to the Contract Documents shall be mailed to potential Bidders that have obtained a copy of the Contract Documents. c. No bid will be received or considered by the City of Ashland unless the bid contains a statement by the ' bidder as a part of its bid that the Contractor shall be bound by and will comply with the provisions of ORS 103 i/L/IJ ]:Ji T)1 ZAHo1h01\MA \C0A\1014-0D\Sryv\P.n I130~-nv-TAP P.,1 Phase 1-Ro'ivd Oi.0214.dm O 201411112 En,. a ny Inc. 279C.838, 279C.840 or 40 U.S.C. 3141 to 3148. The statement shall be included in the Bid form. The existing prevailing rate of wage is available at: http://www.oegon.gov/BOLI/WHD/PWR/pwr_book.shtml. ' d. Each Bidder must identify in the Bid whether the Bidder is a "resident bidder" as defined in ORS 279A.120. e. Unless specified in the ITB, and Contract Special Provisions, the bidder or subcontractor need not be ' licensed under ORS 468A.720 relating to asbestos abatement. f No bid for a construction contract shall be received or considered by the City of Ashland unless the bidder is licensed with the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530. g. Each Bidder must demonstrate that its firm has a Qualified Drug Testing Program for employees in place and demonstrate compliance prior to award. It. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose information about certain first-tier subcontractors when the contract value for a Public Improvement is greater than $100,000 ' (see ORS 279C.370; OAR 137-049-0360). Specifically, when the contact amount of a first-tier subcontractor furnishing labor or labor and materials would be greater than or equal to (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of ' the percentage, the bidder must disclose the following information about that subcontract in its bid submission or within two (2) working hours after bid closing: ' (a) The subcontractor's name, (b) The dollar value of the subcontract, and (c) The category of work that the subcontractor would be performing. ' If the bidder will not be using any subcontractors that are subject to the above disclosure requirements, the bidder is required to indicate "NONE" on the accompanying form. Disclosure forms will be available for public inspection after the opening of the bids. THE CITY OF ASHLAND MUST REJECT A BID AS NON-RESPONSIVE IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THE REQUIRED INFORMATION BY THE STATED DEADLINE (see OAR 137-049-0360). ' i. Bid Security. [OAR 137-049-0290] No bid will be received or considered unless the Bid is accompanied by a certified check, cashier's check, (payable to the City of Ashland), surety bond (in approved form)(f/k/a/ bid bond), or irrevocable letter of credit issued by an insured institution [ORS 706.008] (in an approved form) in an amount equal to ten percent (10%) of the total amount bid. The successful bidder will be required to furnish a faithful performance bond and a labor and material payment bond each in the amount of one hundred percent (100%) of the amount of the contract. Said security shall be irrevocable for 60 days, unless specified otherwise. The bid security shall be forfeited, at the City's option, as fixed and liquidated damages, if the bidder fails or neglects to furnish the required performance bond, the insurance, or to execute the contract within 10 working days after receiving the contract from the City for execution. When a bond is used for bid security, the bond shall be executed by a surety company authorized to transact business in the State of Oregon. THE BIDDER SHALL HAVE THE SURETY USE THE SURETY BOND FORM PROVIDED HEREIN. IF THIS FORM IS NOT USED, THE BID WILL BE DEEMED NON-RESPONSIVE AND SHALL BE REJECTED. All such certified checks or surety bonds will be returned to the respective bidders within 10 working days after the bids are opened, except those of the two low bidders. The bid security of the two low bidders will be held by the City until the selected bidder has accomplished the following: ' A. Executed a formal contract; B. Executed and delivered to the City a Performance Bond and Payment Bond, both in the amount equal to 104 ' 5/6/10]:45 AM Z:\Bn1hd1\1hn\C0A\1014033\Spm.\Pan IHido .o nn-TAP Pmjva Phue I - Rai,d n5D114do 0 2014 RI 12 Gngneenng Inc. 100% of the Contract Price; ' C. Fumish proof of public works bond filed with BOLI; and D. Furnish the required Certificates of Insurance. ' Upon the execution and delivery to the City of Ashland of the Contract and Performance Bond and Payment Bond and furnishing proof of a public works bond filed with BOLI by the successful bidder, the bid security shall be returned to the bidder. The bidder who has been awarded a contract and who fails or neglects to promptly and ' properly execute the contract or bonds shall forfeit the bid security that accompanied the bid. It is hereby specifically provided that a forfeiture of said bid security be declared by the Council if the contract and performance bond and payment bond are not executed and delivered to the City within ten (10) working days of ' the day of the receipt by the successful bidder of the prepared contract. The Council, at its option, may determine that the bidder has abandoned the submitted accepted bid, in which case the bid security shall become the sole property of the City and shall be considered as liquidated damages and not as a penalty for failure of the bidder to execute the contract and bond. The security of unsuccessful bidders shall be returned to them after the , contract has been awarded and duly signed. j. A Bidder submitting a bid thereby certifies that no officer, agent, or employee of the City who has a pecuniary interest in this bid has participated in the contract negotiations on the part of the City, that the Bid ' is made in good faith without fraud, collusion, or connection of any kind with any other Bidder for the same call for bids, and that the Bidder is competing solely on its own behalf without connection with, or obligation to, any undisclosed person or firm. k. The Bidder, in submitting the bid, certifies that the Bidder has not been disqualified and is eligible to receive ' a contract for a public work pursuant to ORS 279C.860 as well as the disqualification provisions of ORS 279C.440 and OAR 137-049-0370. Bidder agrees, if awarded a contract, that every subcontractor will not ' be ineligible to receive a contract for a public work pursuant to ORS 279C.860 and will otherwise not be disqualified under ORS 279C.440 and OAR 137-049-0370. 4. PREOFFER CONFERENCE AND PREQUALIFICATION OF BIDDERS ' If a pre-offer conference is scheduled, notice will be provided in accordance with OAR 137-049-0200(1)(a)(B). If prequalification will be required it will be specifically stated in the Notice to Contractors and Invitation to Bid, including the date prequalification applications must be filed under ORS 279C.430 and the class or classes of work ' for which bidders must be pre-qualified. [OAR 137-049-0200(l)(a)(C).].[ORS 279C.365(1)(c)] For example, the requirement for ODOT Prequalification reads as follows: Bidders must be pre-qualified with the Oregon Department of Transportation or General Service per ORS 279C.435 , to perform the type and size of work contemplated herein and shall submit, to the City upon request. The City will investigate and determine the qualifications for the apparent low bidder prior to awarding the contract. [OAR 137- 049-02201. ' Applications submitted without being designated for a project advertised for bid by the City will be considered as a general prequalification application and processed pursuant to ORS 279C.430 to 279C.450, and notice of prequalification status will be given within thirty (30) days of the receipt of the application. A notice of ' disqualification can be given orally. An oral disqualification notice will be followed by written notice and bear the date of the oral notice. (NOTE: No person may engage in any business within the City without first obtaining a City Business License and paying the fee prescribed pursuant to City of Ashland Ordinance and accompanying Fee Resolution) ' 105 5/6/14 7:45 AM Z:\BmAc11\Ihe\C0AU014.031\Sf.11\hrt 1130 Doc men. - TAP Prop. PW, I - Rnwd 05.0214doc 02014 R1 12 Fc,nrenng Inc. ' 5. FORM OF BID ' a. Bids shall be submitted in sealed envelopes to: Street Address: Mailing Address: Morgan Wayman Morgan Wayman Senior Project Engineer Senior Project Engineer City of Ashland City of Ashland 51 Winbum Way 20 East Main Street ' Ashland, Oregon 97520 Ashland, Oregon 97520 The outside of the transmittal envelope shall bear the following information: Name of Bidder Address and telephone number of Bidder Title of Project Date of opening _ The words "Sealed Bid" If the sealed bid is forwarded by mail or messenger service, the sealed envelope containing the bid, and ' marked as above, must be enclosed in another envelope addressed as noted above. Facsimile and Electronic Data Interchange bids shall not be accepted unless otherwise specified in the Special Provisions. No bid will be received or considered by the City unless the bid contains all the Required Bid Documents and Certifications. ' b. All bids must be clearly and distinctly typed or written with ink or indelible pencil and be on the Bid form furnished by Owner. The bid must be signed by the Contractor or a duly authorized agent. If erasures or other changes appear on the form, they shall be initialed in ink by the person who signs the bid. The bidder shall not alter, modify or change the Bid forms except as directed by addendum. All applicable blanks giving general information must be completed, in addition to necessary unit price items and total prices in the column of totals to make a complete bid. The Bid is the bidder's offer to enter into a contract which, if the Bid is accepted for award, binds the bidder to a contract and the terms and conditions contained in the Bid, as well as the Solicitation Documents. A bidder shall not make the Bid contingent upon the City's acceptance of specifications or contract terms which conflict with or are in addition to those advertised in the Notice to Contractors and Invitation to Bid. Any statement accompanying and tending to qualify a bid may ' cause rejection of such bid, unless such statement is required in a bid embracing alternative bids. c. Unless otherwise specified, Bidders shall bid on all bid items included in the bid and the low Bidder shall be determined. Except as provided herein, bids which are incomplete, or fail to reply to all items required in ' the bid may be rejected. d. Bidders shall state whether business is being done as an individual, a co-partnership, a corporation, or a ' combination thereof, and if incorporated, in what state, and if a co-partnership, state names of all partners. The person signing on behalf of a corporation, a co-partnership or combination thereof shall state their position with the firm or corporation, and state whether the corporation is licensed to do business in the State of Oregon. ' 6. LATE BIDS Bids received after the scheduled closing time for submission of bids as set forth in the invitation for bids will be ' rejected. Bids will be time and date stamped by Community Development Department / Public Works Counter personnel upon receipt. Such time and date stamps will govern the determination of on-time submission of bids. Bids received after the time so fixed are late bids. Late bids will be time and date stamped at the time of receipt ' by City personnel, marked as "Rejected as Late Bid" and will be returned, unopened, to the submitted. 106 5/61I4 79i.\\1 Z:\Bmhe141ha\C0A\1014033\S,:\PVi I Bid nocumenn-TAP P-i' Platt I- Raid Oi.0214.dx 0 8114 R112 E.,-.n, Inc 7. INTERPRETATION OF CONTRACT AND ADDENDA If a bidder finds error, discrepancies in, or omissions from the plans, specifications or contract documents, or has ' doubt as to their interpretation or meaning, the bidder shall at once notify the City Contact Person/ Project Manager. The City will investigate and determine if an addendum will be issued. If it should appear to a Bidder that the work to be done or matters relative thereto are not sufficiently described or ' explained in the Contract Documents or that Contract Documents are not definite and clear, or the Bidder needs additional information or an interpretation of the contract, the Bidder may make written inquiry regarding same to the Project Manager at least ten (10) days, unless otherwise specified, before the scheduled closing time for submission ' of bids. If, in the opinion of the Project Manager, additional information or interpretation is required, an addendum will be t issued to all known specification holders. Any addendum or addenda issued by the City which may include changes, corrections, additions, interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of bids, , Saturday, Sunday and legal holidays not included, shall be binding upon the Bidder. City shall supply copies of such Addenda will not be mailed but will be posted on the website and available at Community Development Department Counter; failure of the Contractor to receive or obtain such addenda shall not excuse them from compliance therewith if they are awarded the contract. ' ORAL INSTRUCTIONS OR INFORMATION CONCERNING THE CONTRACT OR THE PROJECT GIVEN OUT BY OFFICERS, EMPLOYEES OR AGENTS OF THE CITY TO PROSPECTIVE BIDDERS SHALL NOT , BIND THE CITY. 8. EXAMINATION OF CONTRACT, SITE OF WORK AND SUBSURFACE DATA a. Prior to submitting a bid, it is the responsibility of each Bidder to: ' A. Examine the plans, specifications and contract documents thoroughly. B. Become fully informed as to the quality and quantity of materials and the character of the work ' required. C. Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the work and sources and supply of materials. D. Consider all federal, state and local laws, ordinances, rules and regulations that may affect cost, ' progress, or performance of the work, including environmental and natural resource ordinance and regulations E. Consider identified site conditions and conduct pre-bid inspection to address environmental and natural resource laws implicated by the project. , F. Study and correlate the Bidder's observations, especially as regards site conditions with the Contract Documents. G. Notify the Contact Person of all conflicts, errors, ambiguities or discrepancies discovered in the ' Contract Documents. b. Bidders shall determine for themselves all the conditions and circumstances affecting the project or the cost of the proposed work, including without limitation utility interferences, by personal examination of the site, ' careful review of the Contract and by such other means as the Bidder feels may be necessary. It is understood and agreed that information regarding subsurface or other conditions, or obstructions indicated in the Contract Documents, is provided by Owner only for the convenience of Bidders and may not be complete or accurate and such information is not expressly or tacitly warranted to accurately represent actual ' conditions. Bidder's use of such information shall be at Bidder's sole risk, and Bidder is responsible to confirm any information provided from such independent sources as Bidder feels may be necessary. 107 3/4/14 7:45 A\1 Z\BuihdI\Ihe\C0A\10u.033\5,,cc,v`.rt 1 Hid I .coo. rAP Pmjcci Pluse t - Round OS Ir li.dnc 0 HW Rl 12 Ertsnettin& Inc. ' 1 c. Logs of test holes, test pits, soils reports, ground-water levels and other supplementary subsurface information are offered as information of underlying materials and conditions at the locations actually tested. ' Owner will not be liable for any loss sustained by the Bidder as a result of any variance between conditions contained in or interpretations of test reports and the actual conditions encountered during progress of the work. ' d. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the site subsurface conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of the Contract. ' e. The City will not pay any costs incurred by any Bidder in the submission of a Bid, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the invitation to bid. When submitting a bid, the Bidder agrees that consideration has been given to t the requirements and conditions contained throughout these bid documents. f Notice: It is further understood that a bid awarded hereunder is subject to the City being able to comply with all zoning and land development ordinances or obtain rezoning of the property where necessary, and comply ' with local building code restrictions and conditions for structures contemplated in the project, any or all of which conditions may be contained in the contract or contract Special Provisions and if such conditions are not satisfied may result in termination of the contract. ' 9. FAMILIARITY WITH LAWS AND ORDINANCES a. The Bidder is presumed to be familiar with all Federal, State, and local laws, ordinances, and regulations ' which in any manner affect those engaged or employed in the work or the materials or equipment used in the proposed construction, or which in any way affect the conduct of the work. If the Bidder, or Contractor, shall discover any provision in the Contract which is contrary to or inconsistent with any law, ordinance or regulation, it shall immediately be reported to the Owner in writing. ' b. No person may engage in any business within the City without first obtaining a City business license and paying the fee prescribed pursuant to City of Ashland Ordinance. The Contractor and their subcontractors shall obtain a City of Ashland business license prior to beginning any work within the City of Ashland. ' 10. UNIT BIDS a. The estimate of quantities of work to be done under unit price bids is approximate and is given only as a ' basis of calculation for comparison of bids and award of the Contract. The City does not warrant that the actual amount of work will correspond to the amount as shown or estimated. Payment will be made at unit prices under a contract, only for work actually performed or materials actually furnished according to actual measurement that were necessary to complete the work. b. Bidders must include in their bid prices the entire cost of each item of work set forth in the bid, and when, in the opinion of the City, the prices in any bid are obviously unbalanced, such bid may be rejected. c. The unit contract prices for the various bid items of the contract shall be full compensation for all labor, materials, supplies, equipment, tools and all things of whatsoever nature are required for the complete incorporation of the item into the work the same as though the item were to read "In Place." ' 11. WITHDRAWAL, MODIFICATION OR ALTERATION OF BID a. Bids may be withdrawn on written request received from the bidders prior to the time fixed for opening. ' The request shall be executed by the bidder or a duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. The bid will be irrevocable ' until such time as the City: 108 ' 5/6/14 741.\)1 Z\amheii\rho\CO.\\11114-011\5Pm\Pan I am IN, menu-TAP Pmjv Phav- I - RL~ivd OiA, 14,w 0 M14 RI I? linpnccnng Inc 1 A. Specifically rejects the bid, and ' B. Awards the contract to another bidder and said contract is properly executed. All bids shall remain subject to acceptance by the City for sixty (60) days after the date of the bid opening. ' b. Prior to Bid Opening, changes may be made provided the change is initialed by the Bidder or the Bidder's agent. If the intent of the Bidder is not clearly identifiable, the interpretation most advantageous to Owner ' will prevail. c. No Bidder may withdraw a bid after bid opening unless sixty (60) days have elapsed and the City has not ' awarded a contract. 12. MISTAKES IN BIDS a. To protect the integrity of the competitive solicitation process and to assure fair treatment of Bidders, City will carefully consider whether to permit waiver, correction or withdrawal for certain mistakes. b. Treatment of Mistakes. City shall not allow a Bidder to correct or withdraw a Bid for an error in judgment. If the City discovers certain mistakes in a Bid after Opening, but before award of the Contract, the City may ' take the following action: A. City may waive, or permit a Bidder to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Bid, or an insignificant mistake that can be ' waived or corrected without prejudice to other Bidders. Examples of minor informalities include a Bidders failure to: (1) Return the correct number of Signed Bids or the correct number of other documents required by the , Solicitation Document; (2) Sign the Bid in the designated block, provided a Signature appears elsewhere in the Bid, evidencing an intent to be bound; and (3) Acknowledge receipt of an Addendum to the Solicitation Document, provided: it is clear on the ' face of the Bid that the Bidder received the Addendum and intended to be bound by its terms; and the Addendum involved did not affect price, quantity or delivery. B. City may correct a clerical error if the error is evident on the face of the Bid, or other documents submitted with the Bid, and the Bidder confirms the City's correction in Writing. A clerical error is a ' Bidder's error in transcribing its Bid. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total ' price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Bid). In the event of a discrepancy, unit prices shall prevail over extended prices. C. City may permit a Bidder to withdraw a Bid based on one or more clerical errors in the Bid only if the ' Bidder shows with objective proof and by clear and convincing evidence: (1) The nature of the error; (2) That the error is not a minor informality under this subsection or an error in judgment; (3) That the error cannot be corrected or waived under subparagraph (b) of this subsection; ' (4) That the Bidder acted in good faith in submitting a Bid that contained the claimed error and in claiming that the alleged error in the Bid exists; (5) That the Bidder acted without gross negligence in submitting a Bid that contained a claimed error; (6) That the Bidder will suffer substantial detriment if the City does not grant it permission to withdraw ' the Bid; (7) That the City's or the public's status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the City or the public it represents; and (8) That the Bidder promptly gave notice of the claimed error to the City. D. The criteria in subsection (c) above shall determine whether a City will permit a Bidder to withdraw its Bid after Closing. These criteria also shall apply to the question whether an City will permit a Bidder to withdraw its Bid without forfeiture of its bid bond (or other bid security), or without liability to the City , based on the difference between the amount of the Bidder's Bid and the amount of the contract actually 109 516/14 7:45 AM 7~\amhe0\Oae\COA\1014-033\5Pms\Pan 1 B0 lkcumnns - TAP Pmjcn Phax l- Raivd 05.02.14 do , 0 N)14 RI Q Hnpncning Iuc. 1 ' awarded by the City, whether by award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Proposer, or by resort to a new solicitation. c. Rejection for Mistakes. The City shall reject any Bid in which a mistake is evident on the face of the Bid and the intended correct Bid is not evident or cannot be substantiated from documents accompanying the Bid, i.e., documents submitted with the Bid. ' 13. REJECTION OF BIDS ' a. The City may reject any bid upon a finding that the Bid meets the criteria specified in OAR 137-049- 0440(I)(a) or (b) or has not provided the certification required under OAR 137-049-0440(3). The City shall reject a Bid from a Bidder who meets the criteria specified in OAR 137-049-0440(1)(c). The City may, for good cause, reject any or all bids upon a finding it is in the public interest to do so. In any case where competitive bids are required and all bids are rejected, and the proposed contract is not abandoned, new bids may be called for as in the first instance. The City may, at its own discretion, waive minor informalities. b. This invitation to bid does not commit the City to pay any costs incurred by any Bidder in the submission of ' a Bid, or in making necessary studies, subsurface investigations or designs for the preparation of a Bid, or for procuring or contracting for the items to be furnished pursuant to the Contract Documents. The City reserves the right to reject any or all bids when such rejection is in the best interest of the City of Ashland. Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. When Bids are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a "Power of Attorney" must be submitted with the Bid or on file with the City Administrator prior to opening of bids; otherwise, the Bid will be rejected as irregular. ' More than one Bid from an individual, firm, partnership, corporation, or combination thereof with an interest in more than one bid, for the items bid, will be cause for the rejection of all Bids in which such individual, firm, partnership, corporation, or combination thereof, is interested. ' If there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered, and all involved bids shall be rejected. Bids in which prices are obviously unbalanced may be rejected. ' 14. BID PROTEST (OAR 137-049-02601 1 Bidders may, in writing protest or request changes of any specifications or contract terms in accordance with adopted City contracting rules. The written protest or request for changes must be received by the City no later than ten (101 calendar days prior to the Bid Closing Date. The written protest or request shall include the reasons for the protest or request, and any proposed changes to the bid specifications or contract terms and a description of the prejudice to the bidder. Envelopes containing bid protests shall be marked "Contract Provision Protects or Request" with the Bid Number and Closing Date. No protest against award, owing to the content of the bid specifications or contract terms shall be considered after the deadline established for submitting protests of bid specifications or contract terms. 15. ORS 654.150 SANITARY FACILITIES AT CONSTRUCTION PROJECTS STANDARDS, EXEMPTIONS If the contract price is estimated (itemized bid) or bid (lump sum) by Contractor at $1,000,000 or more, Contractor shall be responsible for all costs (which costs shall be included in the bid whether or not a specific bid item is provided therefore) that may be incurred in complying with or securing exemption or partial exemption from the requirements of ORS 654.150 (Sanitary facilities at construction projects; standards, exemptions) and the rules adopted pursuant thereto. Determination of applicability of ORS 654.150 to the project is the sole responsibility of the Contractor. 110 /n/ura;av z:\noon.mmo\coe\mu-oss\s,„~.\r."nt~o~„m~~a-rer r,owa rn.,ct-aea~n o.; oaia mk ®?OtJ RII? I:ngnav"ng Inc. ~t Attachment A ' CITY OF ASHLAND ' Nondiscrimination and Equal Opportunity Policy for Contractors 1. GENERAL POLICY OFNON-DISCRIMINATION , It is the policy of the City of Ashland to promote equal opportunity to all persons regardless of race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation, in respect to employment, public services, ' facilities and accommodations. This policy is reinforced by obligations assumed by the City as a condition of receipt of federal and state funds. This policy thus becomes an obligation which must be assumed by the Contractor as well. Because in some cases religion, sex, age, or disability may properly be the basis for denial or restriction of privileges with respect to employment, public services, facilities or accommodations, the following more specific obligations, terms, or conditions shall apply. 2. DISCRIMINATION BECAUSE OF RELIGIOUS BELIEF With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have ' complied with the general obligation of according equal opportunity without regard to religion if every reasonable effort has been made to accommodate the particular religious beliefs or practices of an employee or applicant for employment, but such accommodation cannot be made without undue hardship to the employer. ' 3. DISCRIMINATION BECAUSE OF SEX With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have ' complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which accords an employee or applicant different treatment because of sex, if such rule, standard, practice, or decision is based upon a bona fide occupational qualification which the employer cannot, without undue hardship, ' modify or waive to accommodate the employee or applicant. With respect to public services, facilities, and accommodations the Contractor shall be deemed to have complied with the general obligation of according equal opportunity notwithstanding any rule, standard, practice, or decision which ' restricts or limits access to such on a basis of sex where: a. Physical facilities such as restrooms, bathing facilities, dressing rooms, etc. must be segregated on the basis of sex to accord personal privacy or comply with local, state, or federal law, or ordinance, or administrative ' regulation; or b. The content or subject matter of a program or service is clearly of benefit to persons of a particular sex only ' because it deals with medical, psychological, or sociological factors inherently linked to the characteristics of one sex only, or its effectiveness in providing benefit to persons of one sex would be unreasonably and adversely affected by the participation of persons of the opposite sex. 4. DISCRIMINATION BECAUSE OF DISABILITY , With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally ' disabled if every reasonable effort has been made to accommodate any physical or mental disabilities of an employee or applicant, but such accommodations cannot be made without undue hardship to the employer; or where, because of such disability, the employee or applicant cannot meet a bona fide occupational qualification that cannot be waived or modified without undue hardship to the employer. With respect to public services, facilities and accommodations only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity to persons who are physically or mentally disabled where: 111 ,/6/14 7:45 AM Z:Ub1)1d1\Fau\C0A\1014 03\slncA11.n 1130lMa,menn-1 :N P.iea Pb,x l -M;xd 0,.02.14d<e 0 2014 RI 12 lingnccnng Inc. 1 ' a. Architectural barriers limiting access to facilities owned or occupied by the Contractor cannot be eliminated without structural alterations, and are permitted to remain under the provisions of the Oregon State Structural Specialty Code; or b. A program or activity, viewed in its entirety, is readily accessible to and usable by persons who are physically or mentally disabled. ' c. The purpose of the program, service, or facility is to provide a special benefit to persons characterized by a particular handicap in some respect specially related to the educational, medical, psychological, mobility, ' social or economic needs of persons so disabled. 5. DISCRIMINATION BECAUSE OFAGE With respect to terms and conditions of employment and hiring only, the Contractor shall be deemed to have complied with the general obligation of according equal opportunity regardless of age where: a. Certain positions include duties which must, by law or ordinance, be performed by persons over a certain ' age, and the employer cannot accommodate the employment of a person under that minimum age without undue hardship; b. The employee or applicant has passed any applicable age established by the Congress of the United States beyond which an employer may reject an employment application or mandate an employee's retirement. With respect to public services, facilities, and accommodations only, the Contractor shall be deemed to have ' complied with the general obligation of according equal opportunity without regard to age where: c. The purpose of the service, facility, or accommodation is to benefit or serve persons under 18 years of age or their adult custodians in some respect specially related to the needs of such persons; or ' d. The purpose of the service, facility, or accommodation is to benefit or serve persons 65 years of age or older in some respect specially related to the educational, medical, psychological, mobility, social, or economic needs common to persons of that age group. ' 6. DEFINITIONS As used in this Policy, there are several terms specifically defined in various federal, state, and local laws, ordinances, ' and administrative regulations applicable either because of the City's receipt of federal or state funds, or because they are general laws and ordinances prohibiting discrimination. In addition, judicial and administrative decisions have created an additional body of law further defining these terms in their application. Because of the magnitude and ' complexity of these various legal definitions and interpretations, it is not possible to provide exhaustive definitions herein. The Contractor should be guided by the following general rules: a. Where two separate legal definitions or interpretations may apply in a given situation, the one according the ' greatest degree of protection to the person entitled to their protection shall govem. b. "Disability" and "handicap" are intended to be synonymous. ' c. The Contractor is not entitled to advisory opinions or advice from City representatives as regards the specific application of this policy. It is up to the Contractor, and their own legal counsel to ascertain compliance with this policy, federal, state and local law. The City expressly disclaims any responsibility for the Contractor's reliance on advice or opinions given by City representatives. ' d. The Contractor is cautioned that restrictions in deeds, leases, collective bargaining agreements, and other contracts may not in every case justify an otherwise discriminatory act, policy, or practice. The Contractor ' must, at his own risk and expense, comply with this Policy regardless of contractual restrictions which do not justify Contractor's acts, policies, or practices. 112 ' i/t./IJ ]Ai All ZAB,dhdJ\~.AC0A\10 14 033\Spc,\N.I Bid lk¢umen¢- TAP Pmjea PnareLBni±ed 030211.d« ® V14 HI I? Engin-, Inc. 1 1 1 7. ADVERTISING AND PROMOTIONAL MATERIAL In all advertising, postings, and promotional material relating to hiring, the Contractor shall include the following , statement: 11 (name of contractor) is an equal opportunity employer and does not discriminate in hiring, promotion, layoff, discipline, transfer, compensation; or other terms of employment because of a person's race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation." EXCEPTION: In "classified" advertising the Contractor need only include the statement "An Equal Opportunity ' Employer." ' In all advertising, postings, and promotional material relating to programs and services funded in whole or in part under a contract with the City of Ashland, the Contractor shall include the following statement: "This (Program or service as applicable) is open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap or political affiliation. For further ' information about this equal opportunity policy, contact (name of contractor's representative) at (t)hone number) 8. RETALIATION The Contractor shall not, in any manner, accord different or unequal treatment to or in any way discriminate against ' any person because of such person's filing of or participation in any grievance or complaint of discrimination contrary to its policy, whether such grievance or complaint is logged with the City of Ashland, or any state or federal court or agency. 9. GRIEVANCE PROCEDURE ' During the term of this Contract, and for at least six months thereafter, the Contractor shall conspicuously display the attached "Notice: Your Rights to Have Discrimination Complaints Heard" in locations accessible to the public at its principal office and all other premises within the City of Ashland where it conducts any operations. Likewise the , Contractor shall fully cooperate with the designated representative of the City of Ashland and state and federal civil rights compliance agencies in investigating, mediating, and otherwise handling complaints or grievances concerning this Policy. 10. VIOLATIONS , Violation by the Contractor of any provision of this Policy may, in addition to any remedy accorded an aggrieved ' person, be cause for termination of the Contract, debarment from participation in future City of Ashland contracts, or both. 11. CONTRACTS DIRECTLY FUNDED BY FEDERAL OR STATE AGENCIES ' If this Contract is funded in whole or in part by federal or state grants, there may be imposed on the Contractor the additional obligation of "affirmative action" to ensure equal opportunity, and specific standards and reporting requirements to be met. "Affirmative action," in general, means taking positive and affirmative steps to involve ' historically disadvantaged classes of persons in the performance of the work or participation in the benefits of this Contract. These steps may include special recruitment efforts, specific goals as to percentages of such persons employed in certain jobs, specific goals as to percentages of such persons employed in certain jobs, specific standards for the amount of work to be subcontracted to minority-owned businesses, etc. ' If there are such additional requirements beyond this policy, the invitation to Bidders or Request for Proposals will state: 113 3/6/14714.5.\\I %:\Rmhell\Du\COA\1014-033\5Pe \Pan I Rid DMumenn-TAP Pmj tPhe.a l - Rmird 05 0214 do ' 0 M14 RI L I.neneering, Inc 1 1 "This project is funded in whole or in part through (name of agency) Special equal opportunity requirements imposed by that agency are contained in the bid documents, and bidders are cautioned to examine them ' carefully in preparing their bids." 1 1 1 1 114 ' 5/6/14 PAS A\1 L:\Boihnll\Ihn\EnA\ION-033\Sixcz\PanlaiJ r)nalmfNa-'IAPP-jcu Ph.,eI an;.adffi( l4d« 0 ]114 0.112 Engn-& Inc 1 1 PAGE LEFT INTENTIONALLY BLANK , t 1 115 5/4/14]:45 A\1 Z\lbmcnu>ao\fOA\IOU-U33\S1xr=\Pan1U:d DOCUmenn-TAP Pmw ~Phsse 1-RnircJ 05.Oi1J d« ' 0 2_014 M1? Ggne dng Inc. 1 1 PART II ' GENERAL CONDITIONS 1 1 1 SECTION 00110 -ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS ' Comply with Section 00110 of the Standard Specifications. SECTION 00120 - BIDDING REQUIREMENTS AND PROCEDURES ' Comply with Section 00120 of the Standard Specifications modified as follows: 00120.00 Prequalification of Bidders - Substitute the following: 1 On any proposed Public Works contract estimated at $10,000 or over, all Contractors shall comply with all laws of , Oregon pertaining to the qualification of bidders, and particularly ORS 279C.430(2) requiring a pre-qualification application on a form provided by the City of Ashland at least five working days before the opening of bids. Prequalification applications for all work in the public right-of-way are available at 51 Winbum Way, Ashland, OR 97520. All prequalification applications must be filed by May 1, 2014. ' 00120.01 General Bidding Requirements - Replace the subsection with the following: 00120.01 General Bidding Requirements - Bidders shall obtain and submit Bids by paper. - ' 00120.05 Requests for Solicitation Documents - Substitute the following: Copies of the plans and specifications (Solicitation Documents) may be obtained at: ' City of Ashland- Public Works Department 51 Winbum Way ' Ashland, Oregon 97520 Phone(541)488-5587 The City will add the name of the entity intending to use the Solicitation Documents to the list of Holders of Bidding ' Plans. Bidders are cautioned that only Solicitation Documents obtained from the City may be used to submit bids. Plans and specifications may also be examined at the above office. The 2008 Oregon Standard Specifications for Construction may be downloaded from ODOT's web site: ' http://www oegon eov/ODOT/HWY/SPECS/Pages/standard specifications aspx#2008 Standard Spe cifications The Plans, which are applicable to the Work to be performed under the Contract, bear title and date as follows: TAP EMERGENCY INTERTIE PROJECT - PHASE 1 ' SUMMER 2014 t 117 3/4/1I E49 An$nemng '/.:\aothdl\Dew\COd\1011-11.43\sptte\Pxn II Grnr ICnndlbnns -TAP Pmj,nt Phu, I- R,d,W 4130. IJ.dn, 021014 Rn2 F' Inc. ' 00120.15 Examination of Work Site and Solicitation Documents; Consideration of Conditions to be encountered - Add the following paragraphs: ' Requests for clarifications specified above should go to: Contractual Questions to: Technical Questions to: ' Morgan Wayman Jeff Ballard, P.E. Senior Project Manager Project Manager City of Ashland RH2 Engineering ' 20 E. Main Street (mailing) 60 North 4" Street 51 Winburn Way (physical) Ashland, OR 97520 Central Point, Oregon 97502 (541) 488-5587 (541) 665-5233 00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids - Replace the subsection with ' the following: 00120.30 Changes to Plans, Specifications, or Quantities before Opening of Bids - The City of Ashland reserves ' the right to issue Addenda or corrections to the Plans, Specifications, or Quantities. Addenda will be issued in accordance with the following: (1) Form. Changes to bid documents shall be accomplished by addenda. The bidder shall acknowledge receipt ' of all addenda issued, either with the bid or separately prior to bid opening. (2) Distribution. Addenda shall be sent to all prospective bidders known to have obtained the bid documents or attending any mandatory pre-bid conferences. ' (3) Timeliness. Addenda shall be issued within a reasonable time (preferably five (5) days prior to bid closing) to allow prospective bidders to consider them in preparing their bids, but in no case less than 48 hours before ' the bid opening. If necessary, the manager may notify prospective bidders by telegram or telephone, followed by a confirming written addendum 00120.40(a) Paper Bids - Replace this subsection with the following: ' 00120.40(a) General and Bidding Considerations: (1) Bids shall be typed or prepared in ink and shall be signed in ink by the bidder or an authorized representative of the bidder. The City will not accept electronic facsimile bids or signatures. (2) Bids shall be made on the bid form provided and submitted in a sealed envelope. ' (3) Alterations or erasures, if any, shall be initialed in ink by the person signing the bid. (4) Bids shall contain a fully executed bid package, including a certification that all the bid documents furnished to bidders by the City have been read, and shall also contain any other required documents and descriptive literature. 00120.40(e) Bid Guaranty - Replace subsection with the following: ' 00120.40(e) Bid Guaranty with Paper Bids - For Bids submitted by paper, the Bid guaranty shall be either a Surety bond or security in the form of a cashier's check or certified check made payable to Agency. If a Surety bond is submitted, Bidders shall use the Agency's standard Bid Bond form included within the Proposal. Bidders shall submit ' the bond with original signatures and the Surety's seal affixed. 118 ' 5/6/14 7:49ANI n¢nng, R1 12 Inc "l.'.\&rthc11\rha\COA\11116014\S,,c,\N,,11G,rur1C_onJlnmi=-TAP Project Ph,s 1-Rm;v-0(430.u.d- 5/ 00120.40(f) Disclosure of First-Tier Subcontractors - Replace the bulleted items below the paragraph that begins ' "The Subcontractor Disclosure Form may be submitted for a paper Bid either:" with the following: • By filing out the Subcontractor Disclosure Form included in the Proposal and submitting it together with the ' Bid at the time and place designated for receipt of Bids; • By removing it from the Proposal, filling it out and submitting it separately to the City of Ashland Public ' Works office at the address given in the Proposal. Replace the last three paragraphs of this subsection with the following: , Subcontractor Disclosure Forms will be considered late if not received by the City of Ashland Public Works office within two working hours of the time designated for receiving Bids. Bids not in compliance with the requirements of this Subsection will be considered non-responsive. , 00120.45 Submittal of Bids - In subsection (a), replace the time "9 a.m." with the time "2:00:00 p.m." 00120.45(b) Electronic Bids - Delete this subsection. ' 00120.60(a) Paper Bids - Replace this subsection with the following: (a) Paper Bids - Information entered into the paper Bid Booklet by the Bidder may be changed after the paper Bid ' has been delivered to the City of Ashland, provided that: • Changes are prepared according to the instructions identified in the Bid Booklet; ' • Changes are received at the same offices, addresses, and times identified in the paper Bid Booklet for submitting Bids; • The changes are submitted in writing or by electronic facsimile (FAX) transmission to the FAX number(s) ' given in the paper Bid booklet, signed by an individual authorized to sign the Bid. FAX submittals received by the Agency shall constitute an original document. A Bidder may withdraw its paper Bid after it has been delivered to the City of Ashland - Construction, provided that: , • The written withdrawal request is submitted on the Bidder's letterhead, either in person or by FAX, and includes the Bid number; ' • The request is signed by an individual who is authorized to sign the Bid, and proof of authorization to sign the Bid accompanies the withdrawal request; and • The request is received at the same offices, addresses, and times identified in the paper Bid Booklet for submitting Bids. ' 00120.60(6) Electronic Bids - Delete this subsection. 00120.70 Rejection of Nonresponsive Bids - Replace the bullet that begins "The Bid is submitted on documents..." ' with the following two bullets: • The Bid or Bid modifications are not signed by a person authorized to submit Bids or modify Bids, as ' required by 00120.01. • The Bid is submitted on documents not obtained directly from the City of Ashland, Department of Public Works, downloaded from the City of Ashland web site, or is submitted by a Bidder who is not registered on the City of Ashland "Plan Holders" list, as required by 00120.05. ' Add the following bullet to the end of the bullet list: • The Agency determines that any Pay Item is significantly unbalanced to the potential detriment of the Agency. ' 119 ,5/6/14 7A9 AU L:\Rolhell\Data\COA\IIIU.o33\Specs\Pan ll General Cond,,u-- TAP Pr"jal phase l- Rn,,H(430.11,1- ' ® 2014 RI 121inynneenng, Inc. 1 1 00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder - Replace this subsection, except for the subsection number and title, with the following: ' The Bid of a Bidder who is found to be nonresponsible according to the criteria listed in 00130.10 or ORS 279C.375(3) will be rejected. ' SECTION 00130 - AWARD AND EXECUTION OF CONTRACT Comply with Section 00130 of the Standard Specifications modified as follows: ' 00130.10 Award of Contract -Replace the bullet that begins "A satisfactory record of performance..." with the following bullet: ' A satisfactory record of performance. In evaluating a Bidder's record of performance, the Agency may consider, among other things, whether the Bidder completed previous contracts of a similar nature with a satisfactory record of performance. For purposes of evaluating a Bidder's performance on previous contracts ' of a similar nature, a satisfactory record of performance means that to the extent that the costs associated with and time available to perform a previous contract remained within the Bidder's control, the Bidder stayed within the time and budget allotted for the procurement and otherwise performed the contract in a satisfactory manner. ' Replace the bullet that begins "A satisfactory record of integrity..." with the following bullet: ' A satisfactory record of integrity. In evaluating a Bidder's record of integrity, the Agency may consider, among other things, whether the Bidder has previous criminal convictions for offenses related to obtaining or attempting to obtain a contract or subcontract or in connection with the Bidder's performance of a contract or subcontract. ' Add the following to the end of this subsection: The total amount of the Base Bid shall be used in the determination of award of the contract. Any alternate may ' be included in the final contract at the discretion of the Owner, but shall not be used in the determination for award. 00130.15 Right to Protest Award - In the paragraph that begins "Adversely affected or...", replace the words "Procurement Office - Construction" with the words "City of Ashland - Public Works Department". 00130.40 Contract Bonds, Certificates, and Registrations - Replace this subsection number and title and replace the sentence that begins "Before the Agency will..." with the following number and title and sentence: 00130.40 Contract Submittals - Within ten days after award of the contract and prior to performing any work under the contract, the successful Bidder shall furnish bonds, certificates, registrations, and licenses. In addition to ' furnishing payment and performance bonds to City, the successful Bidder shall furnish a $20,000 performance bond to the Oregon Department of Transportation. Add the following subsection: ' 00130.40(e) Tax Identification Number - The successful Bidder shall famish the Agency the Bidder's Federal Tax Identification Number. ' Add the following subsection: 00130.40(f) City of Ashland Business License - All Contractors and Subcontractors performing work within the ' City limits must possess a valid City of Ashland Business License 120 ' 5/6/147:19 AM '/.:\Bmh,1I\Dma\C0A\1014-1J33\Specs\P.n11(;nc.l Conhli.a, - TAI In.,,1 lhaa l-Reused 04M.l4,1n, 0 4014 W 12 Bngncmng Inc. 00130.50(a) By the Bidder - In the paragraph that begins "The successful Bidder shall deliver..." delete the words ' "Performance Bond, Payment Bond." Replace the words "ODOT Procurement Office - Construction" with the words "City of Ashland - Public Works ' Department." Replace the words "15 Calendar Days" with "seven Calendar Days." ' Add the following sentence to the end of this subsection: The successful Bidder shall deliver the properly executed Performance Bond and Payment Bond to the City of , Ashland - Public Works Department within 10 days of the Agency's execution of the contract. 00130.50(6) By the Agency - Replace the sentence that begins "Within seven Calendar Days..." with the following , sentence: After the Agency has received and verified the properly executed documents specified in 00130.50(a), and received legal sufficiency approval from the City Attorney, the Agency will execute the Contract. ' SECTION 00140 - SCOPE OF WORK Comply with Section 00140 of the Standard Specifications modified as follows: , 00140.30 Agency-Required Changes in the Work - Add the following to the end of this subsection: , Change Orders are to be in written form and need to have the Funding Agency's review and written approval prior to acceptance. 00140.70 Cost Reduction Proposals - Replace the paragraph that begins "The Contractor may submit..." with the , following paragraph: The Contractor may submit written proposals to the Engineer that modify Plans, Specifications, or other Contract ' Documents for the sole purpose of reducing the total cost of construction. Unless otherwise agreed to in writing by the Agency, a proposal that is solely or primarily a proposal to reduce estimated quantities or delete Work, as determined by the Engineer, is not eligible for consideration as a cost reduction proposal and will instead be addressed under 00140.30, whether proposed or suggested by the Agency or the Contractor. ' 00140.90 Final Trimming and Cleanup Add the following bulleted items to this subsection: ' • Where private property(s) will be affected by construction but cannot realistically be restored to its pre- existing condition before the Contractor will leave the site, agreement shall be reached with the owners of ' the property(s) regarding how the site shall be left and the Agency Inspector shall review the agreement before the excavation or other Work begins. • Review clean-up of areas adjacent to private property with owners or owner's agents, grade non-landscaped ' shoulders, parkrows, or unsightly areas caused by the construction to a smooth condition free of sudden transitions, piles, or trip hazards, unless specific objections are raised by the property owner or owner's agent. If objections are raised, contact the Engineer to inspect site and provide direction. Do not negatively ' impact trees or other adjacent plants. • Notify affected owners and occupants of adjacent properties of completion of clean-up prior to leaving the site and verify that no other clean-up work remains. Restoration of private properties shall be to the , satisfaction of the property owner and may include re-seeding of staging areas. 121 5/6/1.17:19 A.A1 J:A1k,h,11ADauACOAV1014-033ASp-APen n (k-,.1 Gandhi.,,, -TAP P,,,0 Phzsc l-Rou il 04J0.11,doc m 20148112 an&nc i,,,Inc. 1 • Submit revised drawing of installed utility locations if location changed. SECTION 00150 - CONTROL OF WORK ' Comply with Section 00150 of the Standard Specifications modified as follows: 00150.15(b) Agency Responsibilities - Replace this subsection, except for the subsection number and title, with the ' following: The Engineer will perform the Agency responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.5 (see Section 00305). ' 00150.15(c) Contractor Responsibilities - Replace this subsection, except for the subsection number and title, with the following: ' The Contractor shall perform the Contactor responsibilities described in the Construction Surveying Manual for Contractors, Chapter 1.6 (see Section 00305) and the following: 00150.30 Delivery of Notices - Replace this subsection, except for the subsection number and title, with the ' following: Written notices to the Contractor by the Engineer or the Agency will be delivered: ' In person; • By U.S. Postal Service first class mail or priority mail (which at the sender's option may include certified or registered mail return receipt requested), to the current office address as shown in the records of the Agency; ' or • By overnight delivery service of a private industry courier, to the current office address as shown in the records of the Agency. Notices shall be considered as having been received by the Contractor: ' • At the time of actual receipt when delivered in person; • At the time of actual receipt or seven Calendar Days after the postmarked date when deposited for delivery by first class or priority mail, whichever is earlier; or ' • At the time of actual receipt or three Calendar Days after deposit with a private industry courier for overnight delivery service, whichever is earlier. Written notices to the Engineer or the Agency by the Contractor shall be delivered to the Agency address shown in ' the Special provisions, unless a different address is agreed to by the Engineer, and shall be delivered: • In person; ' • By U.S. Postal Service first class mail or priority mail (which at the sender's option may include certified or registered mail return receipt requested); or • By overnight delivery service of a private industry courier. ' Notices will be considered as having been received by the Agency: ' • At the time of actual receipt when delivered in person; 122 i/6/14 7-49 A\I Z:\B 1hdl\1hu\CQA\ 1014 033\SPm \Pan 11 G.... I ConJisions 'r.\P Pmjml Phase l -11 i-6 l M 30.144) 0 2014 M12 E.,.-, Inc. • At the time of actual receipt or seven Calendar Days after the postmarked date when deposited for delivery ' by first class or priority mail, whichever is earlier; or • At the time of actual receipt or three Calendar Days after deposit with a private industry courier for 1 overnight delivery service, whichever is earlier. 00150.35(c) Number and Size of Drawings - Replace this subsection, except for the subsection number and title, ' with the following: The Contractor shall submit Working Drawings according to one of the following methods: (1) Paper Submittal - For paper submissions, submit seven copies of Working Drawings for steel Structures and , six copies of Working Drawings for other Structures to the Engineer. The submitted copies shall be clear and readable. Drawing dimensions shall be 8 1/2 inches by 11 inches, I1 inches by 17 inches, or 22 inches by 36 inches in size. One copy of the submitted Working Drawings will be returned to the Contractor after , processing. The Contractor shall submit such additional number of copies to the Engineer for processing that the Contractor would like to have returned. (2) Electronic Submittal - For electronic submissions, submit Working Drawings according to the "Guide to , Electronic Shop Drawing Submittal" which is available from the Engineer. 0015035(d-1) Stamped Working Drawings - Replace the sentence with the following sentence: , Stamped Working Drawings will be designated as "reviewed" or "reviewed with comments" by the Engineer. 00150.35(d-2) Unstamped Working Drawings - Replace the sentence with the following sentence: ' Unstamped Working Drawings will be designated on the face of the Drawing, as "approved", "approved as noted", or "returned for correction" by the Engineer. 00150.40 Cooperation and Superintendence by the Contractor - Replace this subsection, except for the ' subsection number and title, with the following: The Contractor is responsible for full management of ail aspects of the Work, including superintendence of all Work ' by Subcontractors, Suppliers, and other providers. The Contractor shall appoint a single Superintendent and may also appoint alternate Superintendents as necessary to control the Work. The form of appointment of the alternate shall state, in writing, the alternate's name, duration of appointment in the absence of the Superintendent, and scope of ' authority. The Contractor shall: • Provide for the cooperation and superintendence on the Project by: • Furnishing the Engineer all data necessary to determine the actual cost of all or any part of the Work, ' added Work, or changed Work. • Allowing the Engineer reasonable access to the Contractor's books and records at all times. To the extent permitted by public records laws, the Engineer will make reasonable efforts to honor the Contractor's ' request for protection of confidential information. • Keeping one complete set of Contract Documents on the Project Site at all times, available for use by all the Contractor's own organization, and by the Engineer if necessary. ' • Appoint a single Superintendent and any alternate Superintendent who shall meet the following qualifications: • Appointees shall be competent to manage all aspects of the Work. • Appointees shall be from the Contractor's own organization. , • Appointees shall have performed similar duties on at least one previous project of the size, scope and complexity as the current Contract. • Appointees shall be experienced in the types of Work being performed. , • Appointees shall be capable of reading and thoroughly understanding the Plans and Specifications. 123 5/6/137:39 AM Z:\F thdl\Ihu\CC1.\\llp4"1133\SPm\Pan 91 Gomm] Co,.&i .-"rAP Pmjcv Plmc l-R--IJN30.14du ' 0 2014 R12 E.&-n"g Inc 1 • The appointed single Superintendent, or any alternate Superintendent shall: • Be present for all On-Site Work, regardless of the amount to be performed by the Contractor, ' Subcontractors, Suppliers, or other providers, unless the Engineer provides prior approval of the Superintendent's or alternate Superintendent's absence. • Be equipped with a two way radio or cell phone capable of communicating throughout the project during ' all the hours of Work on the Project Site and be available for communication with the Engineer. Have full authority and responsibility to promptly execute orders or directions of the Engineer. • Have full authority and responsibility to promptly supply the Materials, Equipment, labor, and Incidentals ' required for performance of the Work. Coordinate and control all Work performed under the Contract, including without limitation the Work performed by Subcontractors, Suppliers, and Owner Operators. Diligently pursue progress of the Work according to the schedule requirements of Section 00180. Cooperate in good faith with the Engineer, Inspectors, and other contractors in performance of the Work. • Provide all assistance reasonably required by the Engineer to obtain information regarding the nature, ' quantity, and quality of any part of the Work. Provide access, facilities and assistance to the Engineer in establishing such lines, grades and points as the Engineer requires. ' Carefully protect and preserve the Engineer's marks and stakes. Any Superintendent or alternate Superintendent who repeatedly fails to follow the Engineer's written or oral orders, directions, instructions, or determinations, shall be subject to removal from the project. ' If the Contractor fails or neglects to provide a Superintendent, or an alternate Superintendent, and no prior approval has been granted, the Engineer has the authority to suspend the Work according to 00180.70. Any continued Work by the Contractor, Subcontractors, Suppliers, or other providers may be subject to rejection and removal. The ' Contractor's repeated failure or neglect to provide the superintendence required by these provisions constitutes a material breach of the Contract, and the Engineer may impose any remedies available under the Contract, including but not limited to Contract termination. ' 00150.50 Cooperation with Utilities - Add the following two subsections: (t) Utility Information - The following organizations own Utilities within the limits of the Project. Contact ' those Utilities having buried facilities and request that they locate and mark them for their protection prior to construction. Utility Company Phone Number ' • City of Ashland Water Department (Steve Walker) ................................(541) 488-5353 • City of Ashland Wastewater Department (Jason Robustelli) ...................(541) 488-5348 • City of Ashland Electric Department (Warren DiNapoli) ........................(541) 488-5357 • Ashland Fiber Network (Mike Ainsworth) ..............................................(541) 552-2222 ' • Avista Utilities (Dave McFadden) (541)858-4740 • Charter Communications (Brad Dill) .......................................................(541) 282-8672 • CenmryLink Communications (Jim Martin) ............................................(541) 776-8268 ' • Talent Irrigation District (Jim Pendleton) ................................................(541) 535-1529 This Project is located within the Oregon Utility Notification Center area which is a Utilities notification system ' for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Utilities notification system telephone number is 811 (or use the old number which is 1-800-332-2344). ' Add the following subsection: 124 ' 5/6/14749 A\I %:\no1hullWae\C0A\1014-I33\Spa\Pan I I Gmml Cnnd,iuns - TAP Pro,, Ph., I - Rmia M30.14.dz 03114 RIL 17np,-ng, Inc. 00150.57 Cooperation with Property Owners - The Contractor shall notify all adjacent property owners and ' occupants after Notice to Proceed has been issued. Provide adequate prior notice (min 24 hours or as required) to allow those impacted by the Work to adjust their schedules and patterns accordingly. Notifications can be ' accomplished by mail, telephone conversation, door hangers, or door-to-door visit. Provide the following information in the notifications and update if the information provided changes: • Who will be doing the Work and for whom (name and 24 hr phone number of contractor), , • What the Project will consist of (e.g. excavation, patching, Flatwork, etc), • Where the Work will be done (in the public way and/or on private property), , • When construction will begin and end (dates and time of day if outside normal working hours). 00150.75 Protection and Maintenance of Work During Construction Add the following paragraph: ' The Contractor shall reconnect existing rain gutter downspouts where encountered, and shall clean and/or maintain existing streets, buildings, sidewalks, and other adjacent private improvements that are outside the Work limits of the , Project if dirtied or damaged by construction activities. There will be no separate or added payment for this Work. This requirement includes compliance with the City of Ashland track-out ordinance. 00150.91 Post-Construction Review - Replace this subsection, except for the subsection number and title, with the ' following: The Contractor shall attend a Post-Construction Review meeting to be held by the Agency prior to issuance of Third ' Notification but not earlier than 15 Days following the date of Second Notification. The time and place of this meeting will be announced by the Engineer at least 15 Days prior to the meeting date. The purpose of this meeting is to examine the Project for possible process improvements that may benefit future projects. The Contractor's attendance at the Post-Construction Review meeting is mandatory. ' 00150.97 Responsibility for Materials and Workmanship Add the following subsection: , (c) Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the Contractor of responsibility for faulty Materials or workmanship and, unless otherwise specified, the Contractor , shall remedy any defects due thereto and pay for any damage to other Work resulting one years from the date of acceptance of the complete building or installation. The City of Ashland shall give notice of observed defects with reasonable promptness. Add the following subsection: ' 00150.98 Adherence to Valdez Principles - On May 5, 1990, the Ashland City Council adopted the attached Valdez Principles. In addition to the requirements of ORS 279C.525, all contractors working within the City of Ashland ' shall adhere to the Valdez Principles in the course of their work. t 125 3/6/14 7:49 A\I %1 ,hdl\Dau\COA\101401}\5~Al`an ll Grne.l Cnndilion,- TAI' Pm,. l'han- l - Rn,, M3014A. 0 2014 RI1217n9ine nng Inc ' VALDEZ PRINCIPLES By endorsing these Principles, we publicly affirm our belief that the City of Ashland, Oregon, has a direct responsibility for the environment. We believe that we must conduct the public's business as responsible stewards of the environment and seek goals only in a manner that leave the Earth healthy and safe. We believe that the City must not compromise the ability of future generations to sustain their needs. ' We recognize this to be a long term commitment to update our practices continually in light of advances in technology and new understandings in health and environmental science. We intend to make consistent, measurable progress ' toward the ideal that these principles describe, and to apply them wherever we operate, in a manner consistent with our other obligations under law. I. Protection of the Biosphere. 6. Safe Products and Service. We will minimize and strive to eliminate the We will provide services that minimize adverse release of any pollutant that may cause environmental impacts and that are safe for consumers. environmental damage to air, water or earth or We will inform consumers of the environmental impacts ' its inhabitants. We will safeguard habitats in of our service. creeks, ponds, wetlands, natural areas and will minimize contributing to global warming, 7. Damage Compensation. depletion of the ozone layer, acid rain or smog. We will take responsibility for any harm we cause to the ' environment by making every effort to fully restore the 2. Sustainable Use of Natural Resources. environment and to compensate those persons who are We will make sustainable use of renewable adversely affected. ' natural resources, such as water, soils and forests. We will conserve nonrenewable natural 8. Disclosure. resources through efficient use and careful We will disclose to our employees and to the public planning., We will protect wildlife habitat, open incidents relating to our operations that cause ' spaces and wilderness, while preserving environmental harm or pose health or safety hazards. biodiversity. We will disclose potential environmental, health or safety hazards posed by our operations, and we will not 3. Reduction of Disposal of Waste. take any action against employees who report any t We will minimize the creation of waste, and condition that creates a danger to the environment or wherever possible, recycle materials. We will poses health and safety hazards. dispose of all wastes through safe and 9. responsible methods. Environmental Directors and Managers. ' At least one member of management will be a person 4. Wise Use of Energy. qualified to represent environmental interests and will We will make every effort to use commit management resources to implement these environmentally safe and sustainable energy Principles. sources to meet our needs. We will invest in and promote energy efficiency and conservation 10. Annual Assessment. in our operations and that of our citizens. We will conduct and make public an annual self- evaluation of our progress in implementing these 5. Risk Reduction. Principles and in complying with all applicable laws and We will minimize the environmental, health and regulations. safety risks to our employees and the ' communities in which we operate by employing safe technologies and operating procedures and by being constantly prepared for emergencies. 1 126 ' 5/6/147:49 A.\1 Z:\Bothd1\man\C0A\101+033\Spccs\Pan11 Gen-IC..&V.ns- IAPI'mwa Pbxc 1. Raiua M.(1,14Ax ® 2014 RIC Gngiaecnny N, 1 SECTION 00160 - SOURCE OF MATERIALS ' Comply with Section 00160 of the Standard Specifications modified as follows: ' 00160.20 (a) Buy America - Replace the paragraph that begins "If federal highway funds..." with the following paragraph: Pursuant to the 2014 Congressional appropriations bill for the Safe Drinking Water programs, none of the Financing , Proceeds may be used for any part of the Project unless all of the iron and steel products used in the project are produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: , lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. Replace the sentence that begins "The Contractor shall provide..." with the following sentence: The Contractor shall provide the Engineer with a Certificate of Materials Origin before incorporating any iron or steel , products into the Project. SECTION 00165 - QUALITY OF MATERIALS Comply with Section 00165 of the Standard Specifications modified as follows: , 00165.10(a) Field-Tested Materials-Replace the sentence that begins "The MFTP is available..." with the following two sentences: The MFTP is published once per year and is available from the ODOT Construction Section; 800 Airport Road SE; ' Salem, OR 97301-4798; phone 503-986-3000. The MFTP is also available on the COOT Construction Section web site. 00165.10(b) Non-Field-Tested Materials - Replace the sentence that begins "The NTMAG is available..." with the , following sentence: The NTMAG is available on the ODOT Construction Section web site. ' SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES ' Comply with Section 00170 of the Standard Specifications modified as follows: 00170.02 Permits, Licenses, and Taxes - Add the following bulleted items to the end of the list: ' • The successful Bidder shall, prior to the start of Work, obtain a City of Ashland Business License. Sub- contractors on the Project shall also be required to have a current business license. Licenses may be acquired through the City of Ashland Utility Office during regular business hours. ' • Comply with City of Ashland's blanket permit 41200-CA from the Oregon Department of Environmental Quality. 00170.03 Furnishing Right-of-Way and Permits ' Add the following to this subsection: Obtain all necessary Permits from the City of Ashland Public Works Department, and all other approving agencies ' where required, including ODOT permit, and required insurance also listing RH2 Engineering and the City of Ashland as additional insured parties, for all construction work within the Public Right of Way, in Public Utility Easements, or on Public Works owned or operated systems within or outside of City Limits a minimum of 3 days ' prior to commencing Work. In addition, insurance to list ODOT as an additional insured party and certificate holder. 127 5/6/14 7A9 AM Z:\Mhd1\Mt.\C0A\1014 .033\Sp,c,\rm ll(d ]Cn",tid"®-rAP Pmiaa Ph.,r I- R,,i,W W.30.14.doc ' ®2014 R112 E.&" mg,Inc. 1 1 1 00170.10(c) Interest on Unpaid Amount - Replace this subsection, except for the subsection number and title, with the following: If the Contractor or a first-tier Subcontractor fails, neglects, or refuses to make payment to an Entity furnishing labor or Materials in connection with the Contract within 30 days after the Contractors receipt of payment, the Contractor ' or first-tier Subcontractor shall owe the Entity the amount due plus interest charges that begin at the end of the 10 day period within which payment is due under ORS 279C.580(3) and that end upon final payment, unless payment is subject to a good-faith dispute as defined in ORS 279C.580(5)(b). As required by ORS 279C.515(2), the rate of ' interest on the amount due shall be nine percent per annum. The amount of interest shall not be waived. 00170.65 Minimum Wage and Overtime Rates for Public Works Projects - Replace this subsection with the following subsection: ' 00170.65 Minimum Wage and Overtime Rates for Public Works Projects: (a) General - The Contractor is responsible for investigating local labor conditions. The Agency does not imply that ' labor can be obtained at the minimum hourly wage rates specified in State or federal wage rate publications, and no increase in the Contract Amount will be made if wage rates paid are more than those listed. (b) State Prevailing Wage Requirements - The Contractor shall comply with the prevailing wage provisions of ' ORS 279C.800 through ORS 279C.870 except that when federal funds are included, the greater of BOLI wage rates or Davis-Bacon wage determinations must be paid. ' (1) Minimum Wage Rates - The Bureau of Labor and Industries (BOLI) determines and publishes the existing State prevailing wage rates in the publication "Prevailing Wage Rates for Public Works Contracts in Oregon". The Contractor shall pay workers not less than the specified minimum hourly wage rate according to ORS 279C.838 and ORS 279C.840 and shall include this requirement in all subcontracts. ' See the Project Wage Rates page included with the Special Provisions for additional information about which wage rates apply to the project and how to access the applicable wage rates. ' The applicable BOLI wage rates will be included in the Contract. (2) Payroll and Certified Statements - As required in ORS 279C.845, the Contractor and every subcontractor shall submit written certified statements to the Engineer on the form prescribed by the Commissioner of BOLI in OAR 839-025-0010 certifying compliance with wage payment requirements and accurately setting out the Contractor's or subcontractor's weekly payroll records for each worker employed upon the project. ' The Contractor and subcontractors shall preserve the certified statements for a period of six years from the date of completion of the Contract. (3) Additional Retainage: ' a. Agency - As required in ORS 279C.845(7) the Agency will retain 25% of any amount earned by the Contractor on the project until the Contractor has filed the certified statements required in ORS 279C.845 and in FHWA Form 1273, if applicable. The Agency will pay to the Contractor the amount retained within ' 14 days after the Contractor files the required certified statements, regardless of whether a subcontractor has failed to file certified statements. b. Contractor - As required in ORS 279C.845(8) the Contractor shall retain 25% of any amount earned by a ' first tier subcontractor on the project until the first tier subcontractor has filed with the Agency the certified statements required in ORS 279C.845 and in FHWA Form 1273, if applicable. Before paying any amount retained, the Contractor shall verify that the first tier subcontractor has filed the certified statement. Within ' 14 days after the first tier subcontractor files the required certified statement the Contractor shall pay the first tier subcontractor any amount retained. 128 5/6/14 7:49 AM Z:\anthe11\1%u\COA\1014-033\Spm\Pa 11 Gen.i ConJilionr-TAP Pmµxt Phs I- RoiuJ 01.3014.du 0 2014 R112 111g'MII ,Inc (4) Owner/Operator Data - The Contractor shall fumish data to the Engineer for each owner/operator providing trucking services. Furnish the data before the time the services are performed and include without limitation for ' each owner/operator: • Drivers name; • Copy of driver's license; ' • Vehicle identification number; • Copy of vehicle registration; • Motor vehicle license plate number; ' • Motor Carrier Plate Number; • Copy of ODOT Motor Carrier 1A Permit; and , • Name of owner/operator from the side of the truck. (c) State Overtime Requirements - As a condition of the Contract, the Contractor shall comply with the pertinent ' provisions of ORS 279C.540. (1) Maximum Hours of Labor and Overtime Pay - According to ORS 279C.540, no person shall be employed to perform Work under this Contract for more than 10 hours in any one Day, or 40 hours in any one week, except ' in cases of necessity, emergency, or where public policy absolutely requires it. In such instances, the Contractor shall pay the employee at least time and a half pay: • For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or • For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and ' • For all Work performed on Saturday and on any legal holiday specified in ORS 279C.540. For additional information on requirements for overtime and establishing a work schedule see OAR 839-025-0050 and OAR 839-025-0034. , (2) Notice of Hours of Labor - The Contractor shall give written notice to employees of the number of hours per day and days per week the employees may be required to work. Provide the notice either at the time of hire or ' before commencement of work on this Contract, or by posting a notice in a location frequented by employees. (3) Exception - The maximum hours of labor and overtime requirements under ORS 279C.540 will not apply to the Contractor's Work under this Contract if the Contractor is a party to a collective bargaining agreement in ' effect with any labor organization. For a collective bargaining agreement to be in effect it shall be enforceable within the geographic area of the project, and its terms shall extend to workers who are working on the project (see OAR 839-025-0054). (d) State Time Limitation on Claim for Overtime - According to ORS 279C.545, any worker employed by the ' Contractor is foreclosed from the right to collect any overtime provided in ORS 279C.540 unless a claim for payment is filed with the Contractor within 90 days from the completion of the contract, provided the Contractor posted and maintained a circular as specified in this provision. Accordingly, the Contractor shall: , Cause a circular, clearly printed in boldfaced 12-point type containing a copy of ORS 279C.545, to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place which is t readily available and freely visible to any or all workers employed to perform Work; and • Maintain such circular continuously posted from the inception to the completion of the Contract on which workers are or have been employed. 129 5/6/14 7:49 A.\I Z\anihdl\Ibn\C0A\I0I4 033\S,1\I'an 11 GvnenlCond,icn,-'rAP P.opce Ph... l- ftoiv-0 01.30.I4Joe ' 0 2014 RIL EnVnccang Inc. (e) Additional Requirements When Federal Funds are Involved - For this Federal-Aid Project, the Contractor shall comply with 00170.65(a) through 00170.65(d) and the provisions of FHWA Form 1273, "Required Contract Provisions Federal-Aid Construction Contracts", except Section IV of FHWA Form 1273 does not apply. 00170.70(a) Insurance Coverages - The following insurance coverages and dollar amounts are required pursuant to this subsection: ' Insurance Combined Single Limit Annual Aggregate Coverages per Occurrence Limit ' Commercial General Liability $2,000,000 $2,000,000 Commercial Automobile Liability $2,000,000 (aggregate limit not required) ' 00170.70(c) Additional Insured - Add the following paragraph and bullets to the end of this subsection: Add the following as Additional Insureds under the Contract: • The City of Ashland and its officers, agents, and employees • Ashland City Council • RH2 Engineering ' ODOT 00170.72 Indemnity/Hold Harmless - Add the following paragraph and bullets to the end of this subsection: Extend indemnity and hold harmless to the Agency and the following: • The City of Ashland and its officers, agents, and employees ' Ashland City Council RH2 Engineering 00170.80 Responsibility for Damage to Work - Replace this subsection, except for the subsection number and title, with the following: (a) Responsibility for Damage in General - The Contractor shall perform Work, and furnish Materials and Equipment for incorporation into the Work, at the Contractor's own risk, until the entire Project has been ' completed and accepted by the Agency. The Contractor shall repair all damages to Work performed, Materials supplied, and Equipment incorporated into the Work, except as otherwise provided in this Section. (b) Repair of Damage to Work- Until Final Acceptance, the Contractor shall promptly rebuild, repair, restore, and make good damages to all portions of the permanent or temporary Work, except to the extent the Agency has assumed responsibility according to the provisions of (c) below. Perform all repairs of damage to Work at no additional cost to the Agency, except for repairs necessitated by damage caused by: ' • Acts of God or Nature, as defined in Section 00110; or • Actions of govemmentat authorities. ' (c) Responsibility for Damage to Work Caused by Public Traffic - The Contractor may apply for relief of responsibility for damage to Work caused by public traffic by submitting a signed Contractor's Request for Relief of Responsibility, form 734-2768, to the Engineer by mail, personal delivery or courier, by FAX, or other agreed- upon method. The Engineer will process a maximum of two forms per month and return the forms within seven Calendar Days indicating each item as "approved" or "denied". 130 ' 5/6/I4 7:49 AM Z:\amhd1\~=\c0nU014 033\Sp Ah 11 Gmcnl Cundlnons-TAP Pmj-, Ph.,c t- R,,i,N 01.30A4do C W14 R112 F ,nnccmlg Inc. 1 The approval of the Engineer is limited, and is made only for the purposes of determining relief of responsibility ' for damage to completed portions of the Work caused by public traffic. The completed portions of the Work are not considered complete, and are not finally accepted for any other purposes under the Contract. ' If the Contractor disagrees with the Engineers findings, the Contractor may request a Region level review according to 00199.40(b). (1) Request for Relief-The Agency will only accept a request for relief from and will only assume responsibility for damages caused by public traffic, to the following completed portions of the Work: • A segment of Roadway, drainage facilities, Slopes, lighting, traffic control devices and access ' facilities; • A Bridge or other Structure within a segment of Roadway; • Traffic signals and appurtenances at an intersection; , • Permanent, passive traffic control devices; • Complete circuits of a highway lighting system; and ' • Portions of a building open to public use. The Agency will approve a request for the Agency to assume responsibility for damages to the completed ' portions of the Work caused by public traffic only under the following conditions: • The completed portions of the Work are completed according to Contract Change Orders, the Contract Plans or approved stage construction Plans; ' • The traffic control complies with approved traffic control Plans; and • All required Materials conformance and quality compliance documents pertaining to the completed ' portions of the Work are on file with the Engineer (see Section 00165). (2) Scope of Relief - When the Agency assumes responsibility for damage to completed portions of the Work caused by public traffic any damages will be repaired by the Contractor on an Extra or Changed Work basis, , or by Agency forces, or by other means as determined by the Engineer. If completed portions of the Work are damaged by public traffic before Final Inspection, and the Agency requires the Contractor to repair the damages, the Agency will reimburse the Contractor for the Extra or Changed Work at 75% of the total amount calculated according to Section 00197. , If completed portions of the Work are damaged by public traffic after Final Inspection, and the Agency requires the Contractor to repair the damages, the Agency will reimburse the Contractor for the Extra or Changed Work at 100% of the total amount calculated according to Section 00197. ' If any additional Work is performed by the Contractor on completed portions of the Work for which the Agency has assumed responsibility for damages caused by public traffic, and the Work is performed outside of ' the approved stage construction Plans or approved traffic control Plans, the Contractor shall become fully responsible and liable, and shall make good all damages caused by public traffic at no additional cost to the Agency. (d) Vandalism and Theft -Vandalism includes damage to or destruction of Work or portions of Work that , remain on the Project Site resulting from vandalism, criminal mischief, arson, or other criminal or illegal behavior. The Contractor shall provide reasonable protection of the Work from vandalism until Third Notification. If ' reasonable protection has been provided, the Contractor's responsibility for damage resulting from vandalism will be limited to $5,000.00 per occurrence. Requests for reimbursement of amounts in excess of $5,000.00 shall be in writing and directed to the Engineer. Upon receipt, the Engineer will investigate, evaluate the amount of damages ' 131 3/6/14 799AM 7-\Bnlhdl\n+e\M%\11114033\5P ,\P. 11 General Candilion, - TAP Pm'v Ph.,- 1-RLdvd BlN.14dn 0 2014 RI 12 En&,.., Inc ' and their cause, determine the number of occurrences, and determine whether, and how much, the Contractor will be compensated. ' Theft includes the loss of Work or portions of Work that are lost or stolen or otherwise unaccounted for from the Project Site or from Materials or fabrication locations. The Contractor shall remain solely responsible for all losses caused by theft, including without limitation theft that occurs in conjunction with vandalism. ' 00170.85(b) Contractor Furnished Warranties - Add the following paragraph to this subsection: The Contractor shall warrant all Work performed under this Contract for a period of two years from the date of Final Acceptance, as specified in Subsection 00150.97(c) of these Special Provisions. ' SECTION 00180 - PROSECUTION AND PROGRESS Comply with Section 00180 of the Standard Specifications modified as follows: ' 00180.21(a) General - Replace the second paragraph with the following: A written request for consent to subcontract any portion of the Contract at any tier shall be submitted to the Engineer. All subcontractors shall be prequalified with the City of Ashland in the class of work requested before the affected ' work begins. The City of Ashland will review the Contractor's submission to verify compliance with Contract requirements, confirm the percentage of Work subcontracted, and evaluate the proposed Subcontractor's ability to perform the Work. If the City of Ashland approves the Contractor's request to subcontract, the City of Ashland will ' provide its consent to the Contractor's request as follows: 00180.21(c) Substitution of Disclosed Subcontractors - Add the following bulleted item: ' The disclosed Subcontractor is not prequalified with the City of Ashland in the requested class of work. 00180.21(d) Terms of Subcontracts - Replace this subsection, except for the subsection number and title, with the following: ' Subcontracts shall provide that work performed under the subcontract shall be conducted and performed according to the terms of the Contract. All subcontracts, including Contractors with the first-tier Subcontractors and those of the first-tier Subcontractors with their subcontractors, and any other lower tier subcontracts shall contain a clause or ' condition that if the Contractor or a Subcontractor fails, neglects, or refuses to make payment to an Entity furnishing labor or Materials in connection with the Contract, the Entity may file a complaint with the Construction Contractors Board, unless payment is subject to a good-faith dispute as defined in ORS 279C.580. Additionally, according to the provisions of ORS 279C.580, subcontracts shall include: ' (1) A payment clause that obligates the Contractor to pay the first-tier Subcontractor for satisfactory performance under the subcontract within 10 Calendar Days out of amounts the Agency pays to the Contractor under the Contract. (2) A clause that requires the Contractor to provide the first-tier Subcontractor with a standard form that the first- tier Subcontractor may use as an application for payment or as another method by which the Subcontractor may ' claim a payment due from the Contractor. (3) A clause that requires the Contractor, except as otherwise provided in this subsection, to use the same form and regular administrative procedures for processing payments during the entire term of the subcontract. The ' Contractor may change the form or the regular administrative procedures the Contractor uses for processing payments if the Contractor: ' Notifies the Subcontractor in writing at least 45 Calendar days before the date on which the Contractor makes the change; and 132 ' 5/0/13]:49 AM Z\BodmO\6m\C.o,\U()1033\Spms\NallGvenl Condhlons.'1':\PPmjea Ph>,el-RedsMW30.u.doc 0 2014 K12 Engnnenng, Inc. • Includes with the written notice a copy of the new or changed form or a description of the new or changed ' procedure. (4) An interest penalty clause that obligates the Contractor, if the Contractor does not pay the first-tier ' Subcontractor within 30 Calendar Days after receiving payment from the Agency, to pay the first-tier Subcontractor an interest penalty on amounts due in each payment the Contractor does not make in accordance with the payment clause included in the subcontract under 00180.21(d-1). The Contractor or first-tier ' Subcontractor is not obligated to pay an interest penalty if the only reason that the Contractor or first-tier Subcontractor did not make payment when payment was due is that the Contractor or first-tier Subcontractor did not receive payment from the Agency or the Contractor when payment was due. The interest penalty applies to ' the period that begins on the day after the required payment date and ends on the date on which the amount due is paid; and shall be computed at the rate specified in 00170.10(c). (5) A clause that requires the Contractor's first-tier Subcontractor to include a payment clause and an interest ' penalty clause that conform to the standards of ORS 279C.580 (see 00180.21(d-1) and 00180.21(d-4)) in each of the first-tier Subcontractors subcontracts and to require each of the first-tier Subcontractor's subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or Material supplier. These payment clauses shall require the Contractor to return all retainage withheld from the ' Subcontractor, whether held by the Contractor or the Agency, as specified in 00195.50(d). As required by ORS 279C.800 through ORS 279C.870, subcontracts shall include: , • A provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting Work on the Project, unless exempt. ' • A provision requiring that the workers shall be paid not less than the specified minimum hourly rate of wage. Add the following subsection: 00180.21(8) Mentor-Protigi Agreement-If the Contractor enters into a subcontract with an Emerging Small ' Business (ESB) subcontractor, the Agency may offer the Contractor and its ESB subcontractor an opportunity to enter into a project specific Mentor-Protigi Agreement. The project specific Mentor-Protigi Agreement will be paid for and specified by Change Order. ' 00180.40(b) On-Site Work - Add the following paragraph to the end of this subsection: , Following issuance of Notice to Proceed, the Agency may suspend the work according to 00180.70 for reasons considered by the Agency to be in the public interest. In the event that such suspension causes the Contractor to delay the start of on-site work past June 1, 2014, one day will be added to the Contract Time set forth in 00180.50(h) ' for each day the Contractor is delayed past June 1, 2014. Add the following subsection: 00180.40(c) Specific Limitations - Limitations of operations specified in these Special Provisions include, but are ' not limited to, the following: Limitations Subsection , Cooperation with Utilities 00150.50 Cooperation with Other Contractors 00150.55 , Cooperation with Property Owners 00150.57 Railway Work 00170.01(e) Contract Completion Time 00180.50(h) Right-of-Way and Access Delays 00180.65 ' Traffic Lane Restrictions 00220.40(e) 133 5/6/14 7:49 A\1 Z:\anthc]1\1A11\C0A\1014-03 \Spc\Pan 11 Gcnm]Condam.,-'IAP P-i-, Phase l-R--]01.10.14d,c ' 0 :A14 M2 Eo,in-nng Inc. Special Events 00220.40(e) Noise Control 00290.32 ' 00180.41 Project Work Schedules -After the paragraph that begins "Contractors activity..." add the following paragraphs: ' The Contractor shall submit a supplemental "look ahead" Project Work schedule each week to the Engineer. The "look ahead" Project Work schedule is supplemental to the Type A, B, or C schedule specified below. The ' supplemental "look ahead" Project Work schedule shall: Identify the sequencing of activities and time required for prosecution of the Work. • Provide for orderly, timely, and efficient prosecution of the Work. ' • Contain sufficient detail to enable both the Contractor and the Engineer to plan, coordinate, analyze, document, and control their respective Contract responsibilities. The supplemental "look ahead" Project Work schedule shall be written in common terminology and show the planned ' Work activities broken down into logical, separate activities by area, stage, and size and include the following information: • The resources the Contractor, subcontractors, or services will use. ' • The locations of each activity that will be done including the limits of the work by mile posts, stations, or other indicators. • The time frames of each activity by Calendar Days, shifts, and hours. ' • All anticipated shoulder, lane, and road closures. At a minimum, the Contractor shall prepare a bar chart that: ' Shows at least three weeks of activity including the week the bar chart is issued. Uses a largest time scale unit of one Calendar Day. Smaller time scale units may be used if needed. Is appropriate to the activities. • Identifies each Calendar Day by month and day. Include the Contract name, Contract number, Contractor's name, and date of issue on each page of the bar chart. The Contractor shall submit the supplemental "look ahead" Project Work schedule starting at First Notification and ' continuing each week until Second Notification has been issued and all punch list items and final trimming and clean up has been completed. The Contractor shall meet with the Engineer each week to review the supplemental "look ahead" Project Work schedule. If the Engineer or the Contractor determines that the current supplemental "look ' ahead" Project Work schedule requires changes or additions, either notations can be made on the current schedule or the Engineer may require the submittal of a revised supplemental "look ahead" Project Work schedule. Review of the current and subsequent supplemental "look ahead" Project Work schedules does not relieve the Contractor of responsibility for timely and efficient execution of the Contract. ' In addition to the "look ahead" Project Work schedule, a Type "B" schedule as detailed in the Standard Specifications is required on this Contract. 00180.41(b-2) Detailed Schedule - Replace the paragraph that begins "In addition to the above requirements..." with the following two paragraphs: In addition to the above requirements, and within 15 Calendar Days after the Notice to Proceed, the Contractor shall ' provide the Engineer one digital copy and four paper copies of a detailed time-scaled bar chart Project Work schedule indicating the critical course of the Work. The digital copy shall be compatible with MS Project 2003, Primavera P3, SureTrak Project Manager 3.0, or another scheduling program approved by the Engineer. ' Detailed work schedule activities shall include the following: 134 ' 516114 ]:49:\)1 Z:\B lh,ll\r .\CO.\\1014-033\Sl ,\Pcn ll Genenl Condinon.-'1'.\P 1'mjao l'hv¢• 1 - Rni: A M.30.1A dx ® 2014 8112 I?ob nanny Inc. 1 1 Replace the paragraph that begins "Within 10 Calendar Days..." with the following paragraph: Within 2 Calendar Days after submission of the Project schedule the Engineer and the Contractor shall meet to review ' the Project schedule as submitted. Within 10 Days of the review meeting the Contractor shall resubmit to the Engineer one digital and four paper copies of the Project schedule, including required revisions. 00180.41(b-3-a) Review with the Engineer-In the paragraph that begins "The Contractor shall evaluate...", ' replace the sentence that begins "The Contractor shall submit..." with the following sentence: The Contractor shall submit one digital and four paper copies of the updated bar chart to the Engineer within seven , Days after the progress meeting, along with a progress report as required by "b:" below. Add the following subsection: ' 00180.50(h) Contract Time - Complete all Work to be done under the Contract, not later than June 27, 2014. 00180.85(6) Liquidated Damages - Add the following paragraph: ' The liquidated damages for failure to complete the Work on time required by 00180.50(h) will be $1,100 per Calendar Day * Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fixed date ' basis. SECTION 00190 - MEASUREMENT OF PAY QUANTITIES Comply with Section 00190 of the Standard Specifications modified as follows: , 00190.20(f-2) Scale Without Automatic Printer -Add the following sentence after the first paragraph: Pay costs for the weigh witness at $35.00 per hour. 00190.20(g) Agency-Provided Weigh Technician - Add the following paragraph after the bullet list: Pay costs for the weigh technician at $35.00 per hour. ' SECTION 00195 - PAYMENT , Comply with Section 00195 of the Standard Specifications modified as follows: 00195.12(d) Steel Materials Pay Item Selection - Add the following to this subsection: , No Pay Items under this Contract qualify for the steel escalation/de-escalation program for this Project. 00195.50(a) Progress Payments - Replace the paragraph that begins "The Agency's payment of progress payments..." with the following paragraph: The Agency's payment of progress payments, or determination of satisfactory completion of Pay Items or Work or release of retainage under 00195.50(d), shall not be construed as Final Acceptance or approval of any part of the ' Work, and shall not relieve the Contractor of responsibility for defective Materials or workmanship or for latent defects and warranty obligations. 00195.50(6) Retainage - Replace the sentence that begins "The amount to be retained..." with the following: ' 135 3/6/44]:49 AM 7 \an,h0".\COd\1014-033\SP ,\P.. It GcnaaalC"nd,,m--TAP P-,,Phase l -0.mia.1 W.30.14J"c ' 0 2014 M 12 [nginarng Inc. The amount to be retained from progress payments will be 5.0% of the value of Work accomplished, and will be ' retained in one of the forms specified in Subsection (c) below. 00195.50(c-1) Cash, Alternate A - In the paragraph that begins "The Agency will...", replace the sentence that begins "The Agency will deposit..." with the following sentence: ' The Agency will deposit the cash retainage withheld in an interest-bearing account in a bank, savings bank, trust company, or savings association for the benefit of the Agency, as provided by ORS 279C.560(5). ' In the paragraph that begins "Any retainage withheld on...", replace "00195.90(d)" with "00195.50(d)". 00195.50(c-2) Cash, Alternate B (Retainage Surety Bond) - Replace the paragraph that begins "If an acceptable ' retainage..." with the following paragraph: If an acceptable retainage surety bond is provided, the Contractor shall notify all Subcontractors of the existence of the retainage surety bond and shall advise them of their rights under ORS 279C.560(7) and ORS 701.435. ' 00195.50(c-3) Bonds and Securities - Replace this subsection with the following subsection: 00195.50(c-3) Bonds, Securities, and Other Instruments - In accordance with ORS 279C.560, unless the Agency ' finds in writing that accepting a bond, security or other instrument poses an extraordinary risk that is not typically associated with the bond, security or other instrument, the Agency will approve the Contractor's written request to deposit bonds, securities or other instruments with the Agency or in a custodial account or other account satisfactory ' to the Agency with an approved bank or trust company, to be held instead of cash retainage for the benefit of the Agency. In such event, the Agency will reduce the cash retainage by an amount equal to the value of the bonds, securities and other instruments. Interest or earnings on the bonds, securities and other instruments shall accrue to the Contractor. ' Bonds, securities and other instruments deposited instead of cash retainage shall be assigned to or made payable to the Agency and shall be of a kind approved by the Director of the Oregon Department of Administrative Services, including but not limited to: • Bills, certificates, notes or bonds of the United States; • Other obligations of the United States or agencies of the United States; • Obligations of a corporation wholly owned by the federal government; ' Indebtedness of the Federal National Mortgage Association; General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon; • Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008. ' The Contractor shall execute and provide such documentation and instructions respecting the bonds, securities and other instruments as the Agency may require to protect its interests. When the Engineer determines that all requirements for the protection of the Agency's interest have been fulfilled, the bonds and securities deposited instead ' of cash retainage will be released to the Contractor. 00195.50(e) Withholding Payments - Replace the paragraph that begins "Notwithstanding ORS 279C.555..." with the following paragraph: ' Notwithstanding ORS 279C.555 or ORS 279C.570 or 00195.50(d), if a Contractor is required to file statements on the prevailing rate of wages, but fails to do so, the Agency will retain 25% of any amount earned as required in 00175.65. ' 00195.60(a-1) Request for Advance Allowance- Replace the bullet that begins "The request is accompanied..." with the following bullet: ' The request is accompanied by written consent of the Contractor's Surety, if required by the Agency. 136 ~ NniLdl\Uxa\GOAUONfit}Glpee=\Part 11 Gc"eol C"wln uu-IMP N j,c , Ph, 1 - Rirlsad 0 430.14.do, 1 ill./ 14 8 0 ?1114 N112 I_ 1?n 'n dng Inc. 1 00195.90(c) No Waiver of Right to Make Adjustment - Replace this subsection, except for the subsection number ' and title, with the following: The fact that the Agency has made any measurement, estimate, determination or certification either before or after t completion of the Project, Final Acceptance, Agency assumption of possession of the Project Site, determination of satisfactory completion of Pay Items or Work or release of retainage under 00195.50(d) or payment for any part of the Work, shall not prevent either party from: , • Showing the true amount and character of the Work; • Showing that any measurement, estimate, determination or certification is incorrect; ' • Recovering from the other party damages that may have been suffered because the other party failed to comply with the Contract. SECTION 00196 - PAYMENT FOR EXTRA WORK t Comply with Section 00196 of the Standard Specifications. ' SECTION 00197 - PAYMENT FOR FORCE ACCOUNT WORK Comply with Section 00197 of the Standard Specifications modified as follows: ' 00197.30 Labor - Replace this subsection, except for the subsection number and title, with the following: ' The Contractor will be paid for all labor engaged directly on Force Account Work, including Equipment operators and supervisors in direct charge of the specific force account operations, as follows: (a) Wages - The actual wages paid to laborers and supervisors, if those wages are paid at rates not more than ' those for comparable labor currently employed on the Project, or at the recognized, current, prevailing rates in the locality of the Project. (b) Required Contributions - The actual cost of industrial accident insurance, unemployment compensation ' contributions, payroll transit district taxes, and social security for old age assistance contributions incurred or required under statutory law and these Specifications. The actual cost of industrial accident insurance is the National Council on Compensation Insurance (NCCI) rate for the assigned risk pool for the appropriate work class multiplied by the experience modification factor for the Contractor. ' (c) Required Benefits - The actual amount paid to, or on behalf of, workers as per diem and travel allowances, health and welfare benefits, pension fund benefits, or other benefits when such other benefits are required by a collective bargaining agreement or other employment contract generally applicable to the classes of labor , employed on the Project. 00197.80 Percentage Allowances - In the table, replace the "00197.30(b) Labor" line with the following line: 00197.30 Labor 22 ' SECTION 00199 - DISAGREEMENTS, PROTESTS, AND CLAIMS , Comply with Section 00199 of the Standard Specifications modified as follows: 00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies - Replace this subsection with the ' following: 00199.40 Claim Decision; Review; Exhaustion of Administrative Remedies - The Agency intends to resolve all ' claims at the lowest possible administrative level. If the Engineer denies the claim for additional compensation or a 137 5/6/147,49 A11 '/.:\Hinhell\Dem\eOA\mla.al4\Spec,\Purt 11 G--]C-d..in.... iAr Pmjca Phan--I-Ho-10J30.14 dne ' ®2014 RE 12 I?nHineenng Inc. 1 ' combination of additional compensation and Contract Time, in full or in part, according to 00199.40(a), the Contractor may proceed to Litigation. The disputed claim for additional compensation or a combination of additional ' compensation and Contract Time may then be resolved, in full or in part, at the Litigation step of the procedure as specified in (b) of this Subsection. If the Engineer has denied a claim, in full or in part, for Contract Time only according to 00180.80, or has denied a claim, in full or in part, for correction of final compensation according to 00195.95, those disputed claims may then be resolved, in full or in part, at the Litigation step of the claim procedure ' as specified in (b) of this Subsection. For all claims, all of the actions under each step of the process shall occur before the claim can be advanced to the next higher step. ' 00199.40(a) Decision by the Engineer - Delete the last sentence in this Subsection, which begins "If the Contractor does not accept..." 00199.40(b) Step 1: Region Level Review - Delete this subsection in its entirety. ' 00199.40(c) Step 2: Agency Level Review - Delete this subsection in its entirety. 00199.40(d) Step 3: Arbitration, Claims Review Board - Delete this subsection in its entirety. ' 00199.40(e) Step 4: Litigation - Replace this section with the following: 00199.40(b) Litigation - The Contractor must follow each step in order, and exhaust all available administrative ' remedies before resorting to litigation. Lawsuits must be properly filed in a court of competent jurisdiction within six months from the date of the final decision that exhausted the Contractor's available administrative remedies under this Section 00199. ' In any litigation, the entire text of any order or permit issued by a governmental or regulatory authority, as well as any documents referenced or incorporated therein by reference, shall be admissible for the purpose of Contract interpretation. t The Contract shall not be construed against either party regardless of which party drafted it. Other than as modified by the Contract, the applicable rules of contract construction and evidence shall apply. This Contract shall be governed by and construed according to the laws of the State of Oregon without regard to principles of conflict of laws. Any dispute between the City of Ashland and the Contractor that arises from or relates to this Contract and that is not resolved under the provisions of Section 00199 shall be brought and conducted solely and exclusively within the ' Circuit Court for the State of Oregon in Jackson County; provided, however, if a dispute must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Subsection be construed as a waiver by the City of Ashland on any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. CONTRACTOR BY EXECUTION OF THE CONTRACT HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF THE COURTS REFERENCED IN THIS SECTION. 1 138 3/6/14 7:49 AM 7 \amhell\DVa\COA\1014 033\SPm \Na 11 G-t COndldons - TAP P-p,, Phase l - Rni+ed 043014 d« 0 '_014 in 12 Fngneenng Inc. PAGE LEFT INTENTIONALLY BLANK ' 1 1 1 139 5/6/14 7J9:w L:\Hmhell\Dau\CUA\IOIAL33\Sp cs\Pan 11 Genenl Condi~ion=.'1':\P Pmpe Phax l-R.~i:d W30.1l d« ' O?ON R112 F.nBnrenng Inc. 1 ' PART III TECHNICAL SPECIFICATIONS ' PROJECT: TAP EMERGENCY INTERTIE PROJECT - PHASE I CITY OF ASHLAND ' PUBLIC WORKS DEPARTMENT 51 WINBURN WAY ' ASHLAND, OR 97520 541-488-5587 1 1 City Project Number: PWID 2008-08 ' Project Name: TAP Emergency Intertie Project - Phase 1 Project Location: City of Ashland Project Type: Waterline , Project Completion: June 27, 2014 Pre-Bid Conference: None Proposals Due by: May 8, 2014 at 2:00 p.m. ' Submit Bid Proposals to: Morgan Wayman, Senior Project Manager Project Manager: Jeff Ballard, P.E. 1 1 1 1 141 , 3/6/14 11112 ,BI %:\&nLcO\Ihn\COA\IUI6Ri3\Sp«n\Part III SPcml Prnviuons-TdP Pmjm,Pln+c 1-RairN 0l.3U.ilAnc Q2014 RI I2 Hnh nadng, Inc. PROFESSIONAL OF RECORD CERTIFICATIONS By my seal and signature below I certify that the ' specifications following this page are applicable to this project and were prepared by me or under my supervision. eo PROFESS b GtNF b 79 F~ 7 ' c ORE ON 10. ' ALLEN EXPIRES: 12/31/2015 1 142 0® 2014 111 A Z'\Iio~Ldl\Dan\C0.1\IOIJ-Oil\Spacs\Put 111 special Pmcirmns -TAP Protect PI.,,- I -Raid W30.IJ d« NI2 D- bnnttnng Inc. 1 SPECIAL PROVISIONS FOR PUBLIC WORKS CONSTRUCTION ' All Public Works Construction within the City Limits, within the Utilities Service Boundary, or planned to become a part of a system owned or operated by the City shall be constructed in accordance with the ' 2008 edition of the "Oregon Standard Specifications for Construction" ODOT/APWA as amended by the Project Special Provisions. All number references in the "Addendum" and Special Provisions shall be understood to refer to the Sections and Subsections of the Standard Specifications bearing like numbers and to Sections and Subsections contained herein in their entirety. ' The Special Provisions and any Addenda are available to view at the City's Public Works Department offices. The Standard Specifications are available on line on ODOT's Web Site: ' httr):H/ w oreeon gov/ODOT/HWY/SPECS/standard specifications shtml#2008 Standard Specifications ' PART 00200- TEMPORARY FEATURES AND APPURTENANCES SECTION 00210 - MOBILIZATION ' Comply with Section 00210 of the Standard Specifications. . SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC Comply with Section 00220 of the Standard Specifications modified as follows: ' 00220.02 Public Safety and Mobility - Add the following bullets to the end of the bullet list: • Do not place work zone signs or supports that will block existing walkways or existing bikeways. ' • Allow emergency vehicles and incident response units immediate passage at all times. Replace the bullet that begins, "For all sidewalk or..." with the following bullet and sub-bullets: ' • For all sidewalk or sidewalk ramp closures, install signs as shown on the standard drawings or as modified on the supplemental drawings. Mount signs between the panels of a Type II barricade or, if ' installed on a single-post TSS, locate the signs behind Type II barricades. o Close the sidewalk at a point where there is an alternate way to proceed, or provide an alternate pedestrian route. ' o Provide an alternate pedestrian or bikeway route that matches existing facilities. Provide additional TCM to meet the accessibility requirements in Part 6 of the MUTCD. ' o Pave the alternate pedestrian and bikeway route surface or provide an approved, non slip 36 inch minimum wide surface meeting the requirements of the Americans with Disabilities Act (ADA). o Protect pedestrians and delineate the alternate route by placing pedestrian channelization devices (PCD), or other approved devices, between the pedestrian route and the work area. PCD are to remain in place, except as required for actual work, until the sidewalk is reopened to pedestrian traffic. ' 143 /6/14 7:52 A)1 G:\Bothell\D U\WA\1014 033\Spa,\Pan 111 Spid.1 P. M m-- TAP P-P,, Ph.. 1 - R,iud W30.14 A. ® 2014 RH3 Enrjnaring Inc 1 ' o Reopen the sidewalk during non-work hours or continue to provide an alternate route for pedestrians. Replace the bullet that begins, "Do not stop or hold vehicles..." with the following bullet: • Do not stop or hold vehicles on a highway within the project site for more than 20 minutes. 00220.03 Work Zone Modifications - Modify as follows: ' (b) Closures - Add the following to the bullet that begins "Bicycle and Pedestrian..." ' The greenway multi use path is to remain open, provide alternate routes as necessary. 00220.40 General Requirements - Add the following subsection to the end of this section: (f) Maintenance of Road Surface - If, at any time during the earthwork stage of construction a rain shower could occur, the Engineer may require the Contractor to place a layer of aggregate base material on the grade to ensure the safe movement of traffic. No payment will be made for this work. ' At no time shall the Contractor leave the surface of the roadway in a condition that could cause damage to vehicles. Aggregate subbase shall be covered with aggregate base rock prior to opening the roadway to public access or by end of work day. If not to grade, Contractor shall place a layer of aggregate base over the aggregate subbase. ' During construction, the Contractor shall ensure that the road is always left in good condition, and damage to existing road surface caused by Contractor's equipment shall be repaired by the Contractor at ' his expense. At a minimum, a course of aggregate base material shall be graded and compacted to restore the road surface. In the event inclement weather increases damage to road surface, the Engineer reserves the right to stop work on the project. ' 00220.40(a) Traffic Nuisance Abatement - Add the following to the end of this subsection: Use of water to clean roadway surfaces is not permitted unless mechanical cleaning methods have been used and the Engineer determines the use of water is necessary. 00220.40(e) Lane Restrictions - Replace subsections (1) and (2) with the following: (1) Weekdays- ' a. From Creel Road to 500 feet north of West Jackson Street: • Between 6:00 p.m. and 7:00 am Monday through Friday. b. From 500 feet north of West Jackson Street to Schofield Street: • Between 7:00 am and 7:00 pm Monday through Friday. (2) Weekends - a. From Creel Road to 500 feet north of West Jackson Street: • Between 6:00 pm on Friday and 7:00 am on Monday. b. From 500 feet north of West Jackson Street to Schofield Street: • Between 7:00 am on Friday and 7:00 pm on Sunday. 1 144 0 20 141: A\1 L.\&nLe11\Ihn\COA\I0I4-033\Spcn\Pan III 5,0A Pro~monn-TAP Pmjm PLaa 1 -RmiN OA.30.IJ.J"c ?Oli RI 12 I[nh nttnng Inc. Add the following bullets to subsection (3): ' • Memorial Day on the Final Monday in May, • Independence Day on July 41h, ' • Labor Day on the First Monday in September. Add the following subsection: ' 00220.40([) Liquidated Damages- Lane closures not in compliance with the limits listed in 00220.40(e) would inconvenience the traveling public and would be a cost to the Agency. It is impractical to determine the actual damages which the Agency would sustain in the event a traffic , lane is closed. Therefore, the Contractor shall pay to the Agency, not as a penalty, but as liquidated damages, $1100 per day, or any portion thereof, per lane, for any lane closure not in compliance with the limits listed in 00220.40(e). In addition to the liquidated damages, any added cost for traffic control ' measures, including flagging, required to maintain the lane closures beyond the permitted time limits, shall be at the Contractor's expense. The required traffic control measures will be as determined by the Engineer. The Engineer will determine when it is safe to reopen a lane to traffic. Assessment of liquidated damages ' will stop when the lane has been safely reopened. Any liquidated damages assessed under these provisions will be in addition to those under 00180.85(b). ' 00220.60(a-1) Contractor Responsibility - Replace the bullet that begins, "Keep roads, streets, bikeways..." with the following bullet: • Keep surfaces being used by public traffic free of all dirt, mud, gravel, materials, or other debris. , SECTION 0225 - WORK ZONE TRAFFIC CONTROL ' Comply with Section 00225 of the Standard Specifications modified as follows: 00225.01(b) Definitions - Replace the "Work Zone" definition with the following definition: ' An area within highway construction, maintenance, or utility work activities which extends from the first road work, bridge work, or utility work warning sign to the last sign or the last TCD. ' Add the following definitions: Protection Vehicle - A vehicle placed in advance of short-duration or mobile work activities and dedicated to ' the protection of workers and equipment in the activity area. A protection vehicle is equipped with appropriate warning lights and signs. A protection vehicle may be fitted with a TMA. Work Area-The portion of the highway closed to public traffic and set aside for workers, construction ' equipment, construction materials, and a protection vehicle, if applicable. The work area is typically delineated by channelizing devices or separated from traffic using temporary barriers. 00225.01(c) Standards - Replace the bullet that begins "FHWA "Standard Highway..." with the following ' bullet: • FHWA "Standard Highway Signs" manual 145 ' C/ ~I11A )14 TU1 d]1 %:\FblLell\Iho\C0:1\IOH033\Spas\P><s 111 Spmil Provisions-'I'.\I'Pmjm Phase1-Nn iced IN}ILIJ.Jnc O RI I? F.npjneennp, Inc. 1 Add the following bullet to the end of the bullet list: • ODOT "Oregon Portable Changeable Message Sign Handbook", available on the ODOT Traffic Control Plans Unit website. ' 00225.02 General Requirements - Replace this subsection, except for the subsection number and title, with the following: Provide and maintain all TCM. The Engineer may verbally or in writing require immediate changes to the ' TCM being used on the Project. Immediately make these changes, as directed. Submit all proposed TCM revisions to the Engineer for approval. ' Do not start work on any stage of construction until the TCP has been reviewed and accepted and all TCM are in place and the TCP is operating satisfactorily. During construction, determine if TCM, in addition to those in place, are required and immediately notify the Engineer. Immediately make changes as approved or directed, but do not place or remove devices without prior approval. ' Work may be suspended as specified in 00180.70 or the TCM may be performed by the Agency if the Contractor fails to correct an unsafe condition. Costs for work performed by the Agency will be deducted from monies due the Contractor. ' Install a 48 inch "TRUCKS" sign with an 18 inch "500 FEET" rider, approximately 500 feet before each point of access of all noncommercial stockpile sites, work zone staging area, material sources, waste areas, and plant set-up areas to a public roadway. ' 00225.05 Contractor Traffic Control Plan. Replace this subsection, except for the subsection number and title, with the following: ' Submit the following, for approval, five calendar days prior to the preconstruction conference: (a) Contractor TCP - Provide working drawings according to 00150.35 that include the following: • Proposed TCP showing all TCM and quantities of TCD. • Proposed order and duration of the TCM' • A detailed temporary striping plan, if applicable. (b) Tourist-Oriented Directional and Business Logo Signs - One copy of a sketch map of the Project showing all existing tourist-oriented directional (TOD) and business logo signs and a written narrative ' describing how these signs will be kept in service and protected throughout all the construction stages. If there are no TOD or business logo signs on the project, a written notification that no TOD or business logo signs exist within the project limits. 00225.10 General - Replace this subsection, except for the subsection number and title, with the following: ' Evaluate the condition of TCD using the criteria shown in the most current version of the American Traffic Safety Services Association (ATSSA) publication titled "Quality Guidelines for Temporary Traffic Control Devices and Features". Use new TCD or TCD meeting the "Acceptable" quality category of the ATSSA publication for all installations unless otherwise specified. Provide test results, quality compliance certificates, ' equipment lists, and drawings when specified. Acceptance will be by the QPL, test results, quality compliance certificates, equipment lists, drawings, and testing as necessary to assure compliance with the Specifications. After TCD have been installed and accepted on the Project, inspect and maintain the condition of the devices. 146 5/6/14 2014 RI1 A.\I '/.:\PorLdl\~m\COd\IOIA1Ri\SPecs\PVrt III Spedal PmHsmnc-"rAP Proieci PLmra-Rou~~J W ]O.IA.Joc 0 30H ® RI L^ EnlnnaorinM lac. 1 All work zone TCD shall comply with the crashworthy requirements of the National Cooperative Highway Research Program (NCHRP) Report 350 or with the American Association of State Highway and ' Transportation Officials (AASHTO) Manual for Assessing Safety Hardware (MASH). 00225.11 Temporary Signing -Replace the sentence that begins "Fumish new or acceptable temporary signs..." with the following sentence: ' Furnish temporary signs meeting the requirements of the "Acceptable" category shown in the American Traffic Safety Services Association (ATSSA) "Quality Standards For Work Zone Traffic Control Devices" handbook and the following: ' 00225.11(6-5) Square Tube Sign Supports - Replace this subsection with the following subsection: 00225.11(6-5) Perforated Steel Square Tube Sign Supports - Use perforated steel square tube sign supports ' from the QPL and as shown on the standard drawings. 00225.13(d) Plastic Drums - Replace the sentence that begins "Provide drums with..." with the following ' sentence: Use retroreflective drum sheeting meeting the requirements of ASTM D 4956 Type III or Type IV. Add the following subsection: ' 00225.25 Safety Apparel - Workers, except flaggers, working within highway right-of-way and exposed to traffic or construction equipment shall wear high-visibility safety apparel that meets the Performance Class requirements of the most current version of ANSI/ISEA 107, "American National Standard for High Visibility ' Safety Apparel and Headwear Devices". Wear safety apparel that at least meets the following minimum requirements: • Daytime: Class 2 upper body garment ' • Nighttime: One of the following: • Class 3 upper body garment ' • Class 2 upper body garment and Class E trousers or gaiters • ANSI Class 2 or 3 fluorescent orange-red, fluorescent yellow-green or a combination of the two of these colors for the apparel background material color ' • Fluorescent yellow-green, orange, yellow, or bright white hardhat or baseball-style cap. Wear hardhats when there is danger of falling or flying objects or electrical shock or burns Wearing high-visibility safety apparel that exceeds the minimum class requirements is allowed. ' 00225.27(a) Flagger Equipment- Replace this subsection, except for the subsection number and title, with the following: ' Equip daggers as follows: • For daytime and nighttime flagging operations, wear high-visibility safety apparel that meets the ' Performance Class requirements of the most current version of ANSVISEA 107, "American National Standard for High Visibility Safety Apparel and Headwear Devices". Wear safety apparel that at least meets one of the following minimum requirements: • Class 3 upper body garment ' • Class 2 upper body garment and Class E trouser or gaiters • Safety apparel with background material colors according to 00225.25. , • A hardhat or baseball-style cap according to 00225.25. 147 ' 5/6/14 7:52 A\1 %:\norhell\F%n\COd\ IONdI}}\Spms\Pee III Spciel I4nvisinlu-'1'AP Pmjea Ph.,, 1- Raind I430.11dnc 0 201-111112 e,m-nng Inc 1 • A minimum 18 inch x 18 inch "STOP/SLOW" paddle made of rigid substrate and fabricated using type ' "Rl T 04" sheeting, or a flagger STOP/SLOW paddle from the QPL. A 24 inch x 24 inch STOP/SLOW paddle is recommended for higher speed situations or where more visibility is desired. • Portable, self-contained two-way radio and repeaters, as required, with a range suitable for communications throughout the Project Site. ' 00225.27(6) Flagger Station Lighting - Replace the bullet that begins "Provide flagger illumination..." with the following bullet: ' • Provide sufficient flagger illumination to completely illuminate the flagger during flagging operations. 00225.28 Traffic Control Supervisor - Replace this subsection, except for the subsection number and title, ' with the following: Equip Traffic Control Supervisor (TCS) as follows: • Safety apparel according to 00225.25. • Portable, self-contained two-way radio with a range suitable for the Project Site, when necessary. • Cellular telephone active at all times. ' • A vehicle that is equipped with a roof or post mounted rotating amber light or strobe light that is visible for 360 degrees. ' 00225.30 General - Replace the sentence that begins, Provide flaggers, TICS_" with the following sentence: Provide flaggers, TICS, and pilot car operators, to stop, direct, and maintain traffic control through the work zone. ' 00225.31 Qualifications - Replace the paragraph that begins "Use flaggers, TCS..." with the following sentence: ' Use flaggers, TICS, and pilot car operators that meet the following requirements: 00225.32 Traffic Control Supervisor - Replace this subsection, except for the subsection number and title, ' with the following: When the bid schedule does not include an item for a TICS, appoint a trained person on the Project Site during working hours and on call at all other times who: ' • Meets the requirements of 00225.31. • Inspects and maintains TCD location, operation, quality, cleanliness, and effectiveness. • Is equipped with a cellular telephone. • Is equipped with a two-way radio, when necessary. • Has the authority to assign and control flagging operations. ' • Has filed their name and phone number with the Engineer and local police. • Notifies the Engineer of any corrective measures made to the TCP if the TCP is not functioning as required, or to accommodate site conditions. Maintain the original intent of the TCP and do not implement changes to the TCP before revisions are approved by the Engineer. When the bid schedule includes an item for a TICS, provide a TICS who meets the requirements of 00225.31. ' The TICS shall possess a current ODOT "Oregon Certified Traffic Control Supervisor" card. A TICS with a current card from another State Department of Transportation or from the American Traffic Safety Services ' 148 4 7:52 nu r:U ~m,mrnm\roa\mu.ori\sr«,\r.n m s~dm rar rmitt, nh.". i - x"d."a (u.;nu.az 0 111 ® 8~I4 R112 LnAneen"g Inc 1 Association may obtain an Oregon Certified TCS card upon successful completion of ODOT's Recertification Class. , Before beginning work on the Project, the TCS shall: • File with the Engineer and local police, their name and a telephone number at which the TCS can be ' contacted at all times. • Have the documents listed in 00225.01 and applicable standards and specifications available at all times. ' The TCS duties include the following: • Supervise work zone traffic control measures, operations, activities, and conditions, including lane , closures, lane or traffic shifts, detours, flagging operations, rolling slowdowns, and temporary traffic signal work. • Oversee all applicable requirements of the Contract to ensure the convenience, safety and orderly ' movement of motor vehicle, bicycle, and pedestrian traffic. • Attend meetings specifically scheduled to discuss the TCP and TCM. • Discuss proposed TCM and coordinate implementation of the TCP with the Contractor and the ' Engineer. • Make revisions to the TCP according to the following: • Make temporary revisions to the TCP in the event of an emergency and immediately follow- ' up with and report any changes to the Engineer. • Notify the Engineer before making any revisions to the TCP and indicate why revisions are necessary. ' • The TCS may make minor revisions to the TCP to accommodate site conditions if the original intent of the TCP is maintained and revisions have been approved by the Engineer. • Submit stamped working drawings that include the revisions according to 00150.35 if the Contractor is ' using a modified Agency TCP or not using the Agency TCP. • Coordinate the implementation and operation of all TCM, including those of subcontractors, suppliers, and any adjacent construction or maintenance operation. • Provide supervision and oversight to maintain all TCM when in operation. ' • Coordinate the Project's activities (such as ramp, road, or lane closures) with appropriate police, fire control agencies, city or county agencies, medical emergency responders, school districts, Postmaster, and public transit agencies. ' • At least once per TCS construction work shift, conduct a TCD inspection according to the following: • Inspect following initial placement or installation of TCD. • Inspect devices in place for proper location, installation, operation, quality, cleanliness, and ' effectiveness on public traffic. • Inspect TCD effectiveness in daylight and at night. ' • Inspect post-mounted signs. • Inspect temporary illumination and flagger station lighting at night, when in place. • Conduct additional TCD inspections for extended periods, as requested. ' • Prepare and sign a "Traffic Control Inspection Report" form (Form No. 734-2474). Submit the report to the Engineer no later than the end of the next TCS construction work shift. Do not designate the Project superintendent as the TCS. ' 149 ' ;Isla 7:i2 AM aA&mm\rntiWoM1014 .033\sPn.\r.n m s,d,l TAP rn. i.<. rn.,~ l - ar;.~ w.}u.u.d« 0 ±014 RH2 Engi -m, Inc. The TCS shall not act as a nagger or pilot car operator, except in an emergency or to relieve the flagger or pilot car operator for a period of less than 15 minutes. Make arrangements so that the TCS will be available every day, on call at all times, and available upon the Engineer's request at other than normal working hours. ' In the event of a work zone incident during non-work periods, the TCS shall be capable of reporting to the Project site within I hour after being notified. The TCS shall have appropriate personnel, equipment, and material available at all times to expeditiously correct any deficiency in the TCM for the Project. ' Notify the Engineer of an alternate TCS who can assume the duties of the assigned TCS in the event of that person's inability to perform. Alternate TCS shall be adequately trained and certified according to 00225.31 and 00225.32. Notify the Engineer at least 12 hours before designating the TCS for the following 12-hour period. Make succeeding notifications within 24 hours every time a subsequent TCS is appointed to the Project. ' 00225.41(b-5) Square Tube Sign Supports - Replace this subsection with the following subsection: 00225.41(b-5) Perforated Steel Square Tube Sign Supports - Perforated steel square tube sign supports may be used as a substitute for wood sign posts. Install perforated steel square tube sign supports as shown on ' the standard drawings. 00225.41(1) Inconsistent Temporary Signs - Replace this subsection, except for the subsection number and title, with the following: ' Ensure that all temporary signs are properly used and consistent with the work zone. When signage is no longer required for staging or shift work, remove all temporary signs, sign flag boards, supports, sign covers, and ballast. When temporary sign messages conflict with work zone conditions, traffic patterns, or other staging configurations, but signs are needed later in Project, do the following: ' Tom or cover the signs so the message is not visible to any traffic. • Remove or cover sign flag boards. • When covering signs and sign flag boards, use covers meeting the requirements of 00225.11(c-1). When it is determined that only minor work remains on the Project and the work area does not encroach on traffic lanes or shoulders, do the following: ' • Remove all temporary signs, including the advance construction and Project identification signs. • Remove all sign flag boards and ballasts. ' • Use roll-up signs on portable sign supports for minor or short duration work. 00225.90 Payment - Work covered under this Section will be paid for according to subsection (b) Method ' "B" - Lump Sum Basis. SECTION 00280 - EROSION AND SEDIMENT CONTROL Comply with Section 00280 of the Standard Specifications modified as follows: 00280.02 Erosion and Sediment Control Plan on Agency Controlled Lands - Replace this subsection, except for the subsection number and title, with the following: ' 150 5/6/14 "1 .\\1 0 2014 u2 '!..\&rchcll\Ihn\COA\InIJ-033\Spacs\Pvn III SPeciai Pro,i iom-'IAP Pmlec, Phe.e I - RaieaJ M.3U IJ.doc ® 301A ki 12 Engimm~ng, Inc. i Use a Contractor developed ESCP. Submit the following for approval at least three (3) calendar days prior to the preconstruction conference: ' • Proposed ESCP showing all erosion BMP and quantities of all BMP. • Implementation schedule for all BMP. ' Do not begin any site activities that have potential to cause erosion or sediment movement until the ESCP and implementation schedules are approved by the Engineer. Update the ESCP and schedule as needed for unexpected storm or other events to ensure that sediment-laden ' water does not leave the construction site. 00280.16(d) Inlet Protection - Add the following bullet to the end of the bullet list: , Compost Filter Sock - Sock material and compost meeting the following requirements: • Filter Sock Material - 8, 12, and 18 inch diameter, 5 mil thick woven tubular mesh netting ' consisting of continuous HDPE filament or polypropylene material with 3/8 inch openings or 100 percent biodegradable burlap or coir as shown. • Compost - Commercially manufactured coarse compost material meeting the requirements of ' Section 03020. 00280.40 Installation - Add the following to the end of this subsection: , Manage and maintain existing downspout connections as required to prevent runoff from rain gutters contributing to soil erosion or production of sediment. ' 00280.46(d) Inlet Protection - Add the following bullet to the end of the bullet list: Type 7: Compost Filter Sock - Install compost filter socks as shown. , 00280.62 Inspection and Monitoring - Replace this subsection, except the subsection number and title, with the following: Inspect all erosion BMP and review the project site for potential erosion or sediment movement on a weekly ' basis and when 1/2 inch or more of rainfall occurs within a 24 hour period. If a significant noncompliance or serious water quality issue occurs which may endanger health or the ' environment, verbally report to the Engineer with 24 hours. 00280.80 Measurement - Replace this subsection, except for the subsection number and heading, with the ' following: No measurement will be made of the work of this Section. 00280.90 Payment - Replace this subsection, except for the subsection number and heading, with the ' following: All erosion and sediment control measures specified or directed, or required by specification, permit requirements, or the Contractor's operation will be paid for at the Contract lump sum amount for the bid item Erosion and Sediment Control. Payment will be payment in full for all labor, materials, equipment and incidentals necessary to complete the ' work as specified. 151 ' s/v/u rsz nai z:\e~n„n\o+n\cos\wu.uii\sr~=.\rmwsp~dm rrod.~o~.-rsr r~ia,i-x.<d,m wao.iaa<K 0 2014 M 12 Fl,&ccm,Inc. 1 1 The progress payment amount paid for the item Erosion and Sediment Control will be based on the percent of the original Contract amount that is earned from other Contract items except for "Mobilization". ' SECTION 00290 - ENVIRONMENTAL PROTECTION Comply with section 00290 of the Standard Specifications modified as follows: ' 00290.20(c-2) Clean Fill - In the paragraph, replace "OAR 340-093-0030(13)" with "OAR 340-093-0030". 00290.20(c-3) Reuse, Recycle, and Dispose of Materials - Replace the bullet that begins "Reuse ' demolition..." with the following bullet: Reuse demolition debris. ' 00290.20(c-3-d) Concrete and Masonry - Replace the paragraph that begins "Concrete and masonry..." with the following paragraph: Concrete and masonry, that is not recycled and does not contain hazardous substances, may be reused to fill basements or be buried in embankments on-site, provided that the materials are broken into pieces not exceeding 15 inches in any dimension and placed so that: 00290.20(d) Hazardous Waste Management - In the paragraph that begins "In addition to current Laws...", replace the two bullets that begin "If the quantity of hazardous waste projected to be..." with the following three bullets: ' • If the quantity of hazardous waste projected to be generated meets the requirements for a LQG, prepare a full Hazardous Waste Contingency Plan according to 40 CFR 265 Subpart D. Maintain a copy of the Contingency Plan on-site at all times during construction activities, readily available to employees and inspectors. ' • If the quantity of hazardous waste projected to be generated meets the requirements for a SQG, prepare a modified Hazardous Waste Contingency Plan according to 40 CFR 262.34(d)(5) and 40 CFR 265 Subpart C. Maintain a copy of the modified Contingency Plan on-site at all times during construction ' activities, readily available to employees and inspectors. • If the quantity of hazardous waste projected to be generated meets the requirements for a CEG, follow the contingency planning and storage requirements of the SQG unless the only potentially hazardous waste is aerosol cans smaller than 20 ounces. Limit storage to 180 days and 2,200 pounds. Prepare a ' modified Hazardous Waste Contingency Plan and keep a copy on-site with emergency response procedures and contact information. 00290.20(8) Spills and Releases - In the paragraph that begins "Obtain a response agreement...", replace the term "29 CFR 1920.120" with the term "29 CFR 1910.120". Replace the lead-in paragraph that begins "In the event...", with the following lead-in paragraph: ' In the event of a spill or release of a hazardous substance or hazardous waste or the release of any other material that has the potential to harm human health or the environment, do the following: 00290.30(a) Pollution Control Measures - Add the following subsections and bullets: (7) Water Quality: • Do not discharge contaminated or sediment-laden water, including drilling fluids and waste, or water contained within a work area isolation, directly into any waters of the State or U.S. until it has 0 2014 dU '/,:\IAnhdq[hn\COT\IOH Oll\Speen\Pm I I I Spaial Pro,ier"ns -TAPPmiaci Phan -Rc.isN 11130.1)dx Io' ®?atl MV [?ngnoonnK, Inc. been satisfactorily treated (for example: bioswale, filter, settlement pond, pumping to vegetated upland location, bio-bags, dirt-bags). Treatment shall meet the turbidity requirements below. ' • If monitoring or inspection shows that the erosion and sediment controls are ineffective, mobilize work crews immediately to make repairs, install replacements, or install additional controls as necessary. ' • Implement containment measures adequate to prevent pollutants or construction and demolition materials, such as waste spoils, fuel or petroleum products, concrete cured less than 24 hours, concrete cure water, silt, welding slag and grindings, concrete saw cutting by-products and sandblasting abrasives, from entering waters of the state or U.S. ' 00290.32 Noise Control - Add the following paragraphs to the end of this subsection: In addition to the restrictions above, the Contractor shall comply with the City of Ashland's Noise Ordinance, ' Ashland Municipal Code 9.08.170.B. Wherever there is a conflict between the City's code and the provisions of subsection 00290.30(d) of the Standard Specifications, the more restrictive provision shall apply. The Contractor shall be responsible for applying for any variances the Contractor deems to be desirable for the , Contractor's operations. Denial of any variance request will not be considered in any request for extension of Contract Time, or for increased compensation. 00290.90 Payment - Add the following paragraph to the end of this subsection: ' Payment shall be made only if there is a bid item, otherwise, providing environmental protection is considered ' incidental to one or more existing bid items. PART 00300 - ROADWORK t SECTION 00305 - CONSTRUCTION SURVEY WORK ' Section 00305, which is not a Standard Specification, is included for this Project by Special Provision. 00305.00 Scope - Provide construction survey work according to the current edition on the date of , Advertisement, of the ODOT "Construction Surveying Manual for Contractors". This manual is available on the web at: httpl/www.o=on.eov/ODOT/HWY/GEOMETRONICS/documents.shtmi ' 00305.80 Measurement - No measurement of quantities will be made for construction survey work. 00305.90 Payment - The accepted quantities of construction survey work will be paid for at the Contract lump ' sum amount for the item "Construction Survey Work." Payment will be payment in full for furnishing all material, equipment, labor, and incidentals necessary to ' complete the work as specified. No separate or additional payment will be made for any temporary protection and direction of traffic measures including flaggers and signing necessary for the performance of the construction survey work. No separate or additional payment will be made for preparing surveying documents including but not limited to office time, preparing and checking survey notes, and all other related preparation work. i 153 , IJ 752 d\1 %:\&nh0l\rhu\r.0.\\I0I4 fnl\Sp cs\Pm III Spenal Pmaiuon±- "r.\P Pmryci Plu¢ 1 - Re.isN OJ301U.Jw 0 20 ?OU RI 12 6n&awung Inc 1 1 Progress payments will not be in excess of the reasonable value of the surveying work estimated by the ' Engineer. Costs incurred caused by survey errors will be at the Contractor's expense. These costs include price adjustments for failure to meet requirements of the "Construction Surveying Manual for Contractors" repair or ' removal and replacement of deficient product, and over run of material. SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS ' Comply with Section 00310 of the Standard Specifications modified as follows: 00310.41(a) General - Replace this subsection, except for the subsection number and title, with the following: ' Where an abutting structure or part of a structure is to be left in place, make clean, smooth, vertical cuts with a saw or other approved cutting device. Avoid operations that may damage any portion of the remaining structure. ' 00310.80 Measurement - Add the following to the end of the length and area bullet: Asphalt pavement cutting will be the length of the actual cut based on a depth of 9 inches. If the depth is ' greater than 9 inches, the length will be adjusted by converting to an equivalent number of feet on a proportionate length basis. 00310.92 Separate Item Basis - Add the following pay item to the pay item list: ' Pay Item Unit of Measurement (g) Asphalt Pavement Saw Cutting Foot ' Item (g) applies to asphalt pavement saw cutting when shown. SECTION 00320 - CLEARING AND GRUBBING Comply with Section 00320 of the Standard Specifications modified as follows: ' 00320.42 Ownership and Disposal of Matter - Replace this subsection with the following subsection: 00320.42 Disposal of Matter - Dispose of all matter and debris according to 00290.20. SECTION 00330 - EARTHWORK Comply with Section 00330 of the Standard Specifications modified as follows: ' 00330.20 Tamping Foot Rollers - In the paragraph, replace "115 tons" with "15 tons". 00330.21 Vibratory Rollers - Add the following after the last sentence in this subsection: Vibratory rollers will not be allowed over existing A.C. waterlines that are in service. 00330.41(a-5) Waste Materials - Replace this subsection, except for the subsection number and title, with the following: ' 154 0 20 14 R52,\\1 L:\women\rhd\CO,\\IIIUL33\Spccs\Pvrt 111 Special Pma"ms-TAP P-)-, PFax 1 - Rm'uavl W.3U.14.dx p 20H RI L' ISnb nttdng, Inc. 1 1 1 Unless otherwise specifically allowed and subject to the requirements of 00280.03, dispose of materials, classed as waste materials in 00330.41(a-3) and 00330.41(a-4), outside and beyond the limits of the Project and ' Agency controlled property according to 00290.20. Do not dispose of materials on wetlands, either public or private, or within 300 feet of rivers or streams. 00330.41(a-9) Excavation Below Grade - Delete the bullet that begins "Unstable Subgrade...". , 00330.71 Daily Progress Reports - Delete this subsection. 00330.92 Kinds of Incidental Earthwork - Delete the bullet that reads "If shown on the plans.". ' Add the following bullet to the end of the bullet list: • Earthwork required for driveways and road approaches. Earthwork for driveways and road ' approaches will be that which is outside the neat line limits shown on the plan(s). SECTION 00340 - WATERING ' Comply with Section 00340 of the Standard Specifications modified as follows: 00340.90 Payment - Replace this subsection, except for the subsection number and title with the following: , Watering is incidental to one or more bid items. No separate or additional payment will be made for Watering. Water may not be available from the City of Ashland if water curtailment is occurring. , Contractor to coordinate with City of Ashland Public Works Department and/or City of Talent Public Works Department to place deposit on City owned hydrant meter to be used by the contractor. PART 00400 - DRAINAGE AND SEWERS SECTION 00405 - TRENCH EXCAVATION, BEDDING, AND BACKFILL ' Comply with Section 00405 of the Standard Specifications modified as follows: 00405.12 Bedding - Add the following: ' Use''/,"-0 aggregate in the bedding zone for all public water main construction. 00405.14 Trench Backfill - Modify this subsection as follows: ' (b) Class B Backfill - Add the following to this subsection: , (b) Class B Backfill - All water main construction requiring class B backfill shall use granular material consisting of gravel or crushed rock meeting the requirements of Section 00641. Designated size shall be 'V-0. 00405.46 Backfilling - Modify this subsection as follows: (a) General - Delete the sentence that begins "Test for density..." ' (a) General - Density testing will be required in accordance with 00330.43 00405.46 (c) (3) Class E Backfill - Delete the sentence that begins "Use steel plates..." ' 155 1 0 2014 R ASI G\BaiLdl\Dvn\COA\IOH 033\Sprc==\Pan 111 Special Prorie"ns -TAP Prni«i PLce I -Reai.cd 01.30.1 A-doe ® ^_OIJ IiIT I2 Lnpneuing Inc 1 Replace with: "Protect the CLSM from traffic for a minimum of 24 hours" SECTION 00406 - TUNNELING, BORING AND JACKING Comply with Section 00406 of the Standard Specifications modified as follows: 00406.12 Casing - Replace the paragraph that begins "Furnish casing of a size...." with the following: ' Furnish 30" diameter smooth steel casing, 3/8" wall thickness, suitable for the purpose intended. 00406.45 Smooth Steel Casing- Delete the sentence that begins "Fill the void between...." ' Add the following to the end this subsection: Fumish casing insulators as manufactured by Calpico, Inc., model M-8, or approved equal. Install casing ' insulators in accordance with manufacturer's instructions. SECTION 00440 - COMMERCIAL GRADE CONCRETE Comply with Section 00440 of the Standard Specifications modified as follows: 00440.10 Materials - In the list of materials, delete the "Aggregates 02690" line. ' 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, concrete driveways, and other flat concrete surfaces may be field mixed using volumetric/mobile mixers conforming to ASTM C 685. 00440.14(6) 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 00442 - CONTROLLED LOW STRENGTH MATERIALS ' Comply with Section 00442 of the Standard Specifications. ' SECTION 00495 - TRENCH RESURFACING Comply with Section 00495 of the Standard Specifications modified as follows: ' 00495.10 Materials - Replace the following: Hot Mixed Asphalt Concrete (HMAC) .....................00745 ' Replace with: Minor Hot Mixed Asphalt Concrete (MHMAC)........... 00744 ' 00495.40 General - Replace (a) with the following: ' 156 0® 2014 R11 n z:\aneidl\o+m\conUou.olf\s~c,\r,n w sr~~d~l -TAP rroi~~n rn~.~ I - an;,~ rN.mu.dM ?IIN i12 LFI ngin~eing, Inc. 1 (a) Minor Hot Mixed Asphalt Concrete (MHMAC) Paving- Place MHMAC paving according to ' Section 00744. Final MHMAC resurfacing to be Level 3,1/2 inch dense. PART 00600 - BASES ' SECTION 00610 - RECONDITIONING EXISTING ROADWAY Comply with Section 00610 of the Standard Specifications modified as follows ' 00610.90 Payment- Replace this subsection with the following: ' 00610.90 Payment - Reconditioning existing roadway will be considered incidental to the pipe installation and there will be no separate pay item for reconditioning existing roadway. SECTION 00640 - AGGREGATE BASE AND SHOULDERS Comply with Section 00640 of the Standard Specifications modified as follows. ' 00640.16 Acceptance of Aggregates - Replace this subsection with the following: Acceptance of Aggregate shall include the following criteria: Source Certification - The Agency requires that all aggregate used in public improvement projects meet all requirements of Section 00160. Aggregate shall be tested by an approved lab and certified by a Professional ' Engineer, registered in the State of Oregon. The certifications shall identify the source by its state designated source number and situs. An employee of the certifying laboratory must obtain samples. It is the responsibility of the supplier to supply this information for City approval prior to its use in public works projects. ' Aggregate certifications must be submitted to the agency on a semi-annual basis. Certifications are due January 1 and July 1. Only certifications performed within the two months prior to the due date will be accepted for review. The certifications will be considered valid for the six-month period unless visual or ' performance evaluations indicated that the product has changed. In such cases, the Agency may then require additional certifications assuring compliance. Aggregate Source - Contractor shall use the same source of material for the entire project. If circumstances ' develop prior to completion of a job the following rules shall apply. I. Rock shall be an approved material from a certified source. 2. Previous material and material from the new source shall not be mixed. ' 3. If the materials are not kept separate when placed and mixing occurs, the COA shall use the higher optimum density when computing compaction. PART 00700- WEARING SURFACES ' SECTION 00730 - EMULSIFIED ASPHALT TACK COAT ' Comply with Section 00730 of the Standard Specifications modified as follows: 00730.90 Payment - Replace this subsection, except for the subsection number and title, with the following: 157 ' :/e/u 7:32 AN] z:\eonhdnuhtl\enaUou-o;s\s,,.\r.~ w srrdm rrod.~0~. -rnr rn,«r rn,,~ 1 - Rea.wl w.ml.u.an~ 0 2014 RI12 RnVncennq Inc. 1 No separate or additional payment will be made for emulsified asphalt tack coat. SECTION 00744 - MINOR HOT MIXED ASPHALT CONCRETE (MHMAC) PAVEMENT ' Comply with Section 00744 of the Standard Specifications modified as follows: 00744.01 Abbreviations - Add the following abbreviation to the beginning of the list: ' MAMD - Moving Average Maximum Density 00744.02 Definitions - Add the following definitions: ' Lot Size - A lot is the total quantity of material or work produced per JMF per project. The following circumstances will require a different lot: ' A new JMF is used. • The method for measuring compaction is changed. • A change from one test procedure for measuring asphalt content to another test procedure for measuring ' asphalt content occurs. The Engineer may allow material for irregular areas not completed during the main paving operations, such as driveways or guardrail flares to be evaluated as a separate lot. Sublet Size - A sublet is 1,000 tons of MHMAC, or the amount of MHMAC placed in a day if less than 1,000 tons is placed. ' 00744.10 Aggregate - Replace the paragraph that begins "Furnish coarse, fine, and..." with the following paragraph: Furnish coarse and fine aggregates for MHMAC meeting the following requirements: 00744.10(c) Fractured Faces - In the sentence that begins "Provide crushed aggregate..." replace "AASHTO TP 61" with "AASHTO T 335". 00744.10(f) Fine Aggregate - Replace the paragraph that begins "Blend Sand..." with the following paragraph: Blend sand is allowed for Levels 1, 2, and 3 mixes. Do not use more than 6% natural or uncrushed blend sand, by weight, in the total aggregate. Provide a means of verifying and documenting the amount of blend sand added to the aggregate. ' 00744.1Ila) Asphalt Cement - Delete "PG 64-22" from the first sentence that begins "Use PG-64-22 or PG70-22..." ' Delete the paragraph that begins "Testing of the asphalt cement..." Delete the paragraph that begins "Asphalt in RAP material, when blended.." ' 00744.13 Job Mix Formula (JMF) Requirements - Replace the paragraph that begins "Provide a JMF for the Project meeting the following..." with the following paragraph: Do not begin production of MHMAC for use on the Project until the JMF is reviewed by the Engineer and written consent is provided to proceed. A new JMF is required if the asphalt cement grade, additives, or the ]58 -V14 11112 !:\IAnhdl\Ihe\COA\IOt+n33\Slwce\Pvn III Special Pro,iainn.-l'AP Projm1 PLa.u1 Rmiscd W.30.H.drc 0?UI4 RI I? I_npinrenng Inc. source of the aggregate changes during production. Provide a JMF for the Project meeting the following criteria: ' Add the following paragraph to the end of this subsection: For dense graded Level 3 wearing course mixes, the mix design submittal shall include the results of the ' performance testing as outlined in the latest ODOT Contractor Mix Design Guidelines for Asphalt Concrete. 00744.14 Tolerances and Limits - Under the "Constituent of Mixture/MHMAC All Types" list, delete the "Asphalt Cement - ODOT TM 321 (Cold Feed/Meter)..." line. ' 00744.16 MHMAC Acceptance - Replace this subsection with the following subsection: 00744.16 MHMAC Acceptance - For each 1,000 tons of placement, a CAT 1 shall perform a minimum of one ' of each of the following test methods as modified in the MFTP: • Asphalt Content (AASHTO T 308 with ODOT TM 323 determined Calibration Factor) ' • Gradation (AASHTO T 30) • Mix Moisture (AASHTO T 329) • Maximum Specific Gravity (AASHTO T 209) When less than 1,000 tons of mix is placed in a day, perform a minimum of one series of tests per day. ' Provide test results to the Engineer by the middle of the following work shift. Provide split samples for Verification and Independent Assurance testing to the Engineer when requested. For each sublot, sample and submit to the Engineer the asphalt cement according to AASHTO T 40 and Section 4(C) of the MFTP for compliance testing by ODOT Central Materials Laboratory. , Testing for irregular areas not completed during the main paving operations, such as driveways or guardrail flares may be waived upon written notice and accepted visually by the Engineer. When three or more tests are performed on a project, a price adjustment will be calculated according to ' 00744.95. Add the following subsection: ' 00744.17 Small Quantity Acceptance - When less than three test results are obtained on a project and testing has not been waived by the Engineer, the MHMAC will be accepted according to the following: , (a) Within Specification Limits - If all sublot sample test results are within specification limits for all constituents (including compaction) the material will be accepted and the full bid price will be paid for the material represented by that test. , (b) Outside Specification Limits - If a sublot sample test result for any constituent is outside the specification limit the Engineer will have the backup sample tested. (1) Backup Within Specifications - if the backup sample test results for all constituents are ' within specification, the material will be accepted and the full bid price will be paid for the material represented by that test. (2) Backup Out of Specifications - If the backup sample test results are out of specification, the , Contractor may choose to accept the price adjustment calculated according to 00744.95 or may choose to sample the in-place material for further testing. The price adjustments will be ' computed using all original test results as well as all backup test results. (If there are less than 159 ' C M14 7:52 AM 2 En '/.:U~Ineu\Iha\f.OA\1IIIA-013\sptte\Pm 111 Spatial 1'm,iai"na - TAP Pmlca Plua~ 1 - 0.e. i.N Ol.JO. H.Jne ® 111A wig eneenng Inc 1 three tests, average the two tests you have and use the average as the third test result). In no ' case will the composite pay factor (CPF) be greater than 1.0. (3) In-Place Samples - If the in-place material is sampled, the Engineer will select and sample from three random locations from the area represented by the lot in question. Those samples ' will be tested and if found to be within specification the material will be accepted and paid for at the full bid price. If the material proves to be outside of the specification limits, the material will be accepted and paid for at an adjusted price according to 00744.95. In no case will the CPF be above 1.0. ' 00744.44 Tack Coat - Add the following paragraph to the end of this subsection: ' Treat all paved surfaces on and against which MHMAC is to be placed with an asphalt tack coat according to Section 00730. Immediately before applying the tack coat, clean and dry the surface to be tacked. Remove all material, loose or otherwise, that will reduce adhesion of the tack by brooming, flushing with water, or other approved methods. ' Add the following subsection: 00744.48 Hauling, Depositing, and Placing - Haul, deposit, and place MHMAC as follows: ' (a) Hauling - Cover MHMAC if rain or cold air temperatures are encountered any time between loading and placement. ' MHMAC will be rejected before placing if one or more of the following is found: • Below specified placing temperature limit ' • Slumping or separating • Solidifying or crusting • Absorbing moisture Dispose of rejected loads at no additional cost to the Agency. Deliver the mixture to the paving machine at a rate that provides continuous operation of the paving machine, except for unavoidable delay or breakdown. If excessive stopping of the paving machine occurs during paving operations, the Engineer may suspend paving operations until the mixture delivery rate matches the paving machine operation. (b) Depositing - Deposit MHMAC from the hauling vehicles so segregation is prevented. When MHMAC is windrowed, the pick-up equipment shall: • Pick up substantially all of the M14MAC deposited on the roadway. • Be self-supporting, not exerting any vertical load on the paving machine, or causing vibrations or other motions which could have a harmful effect on the riding quality of the completed pavement. ' (c) Placing - Alternative equipment and means may be allowed by the Engineer if the use of a paver is impractical. Do not place MHMAC during rain or other adverse weather conditions, unless allowed by the Engineer. MHMAC in transit at the time adverse conditions occur may be placed if: • It has been covered during transit. • The MHMAC temperature is satisfactory. • It is placed on a foundation free from pools or flow of water. ' 160 00 20la i? d]1 Z\ananil\Ihn\COA\IOIbnl3\Sryas\Pm III Spedvl Pm,i inm -Tar Pmjm, Plums I - Rai.N M.101N.drc 2n1a RI p linpnam, L¢. 1 • All other requirements are met. When leveling irregular surfaces and raising low areas, do not exceed 2 inches actual compacted thickness ' of any one lift, except the actual compacted thickness of intermittent areas of 1,000 square feet or less may exceed 2 inches, but not more than 4 inches. This may require portions of the mixture to be laid in two or more lifts. ' Place the mixture in the number of lifts and courses, and to the compacted thickness for each lift and course, as shown. Place each course in one lift unless otherwise specified. Do not exceed a compacted thickness of 4 inches for any lift. Limit the minimum lift thickness to twice the maximum aggregate size ' in the mix. Do not intermingle MHMAC produced from more than one JMF. Each base course panel placed during a , working shift shall conform to a single JMF. The wearing course shall conform to a single IMF. 00744.49 Compaction - Replace this subsection with the following subsection: 00744.49 Compaction - Immediately after the MHMAC has been spread, struck off, and surface irregularities ' and other defects remedied, roll it uniformly with rollers meeting the requirements of 00744.24 until compacted to a minimum of 91% of MAMD. Perform finish rolling and continue until all roller marks are eliminated. Determine the density of each sublot by averaging five QC tests performed at random locations by t a CDT with the nuclear gauge operated in the backscatter mode according to WAQTC TM 8. Calculate MAMD according to ODOT TM 305. When less than three sublot test results are obtained on a project, the MHMAC will be accepted according to 00744.17. Perform a minimum of one sublot density test per day. The Engineer may waive compaction testing upon written notice. 1 SECTION 00759 - MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURES ' Comply with Section 00759 of the Standard Specifications. 00759.90 Payment- Replace this subsection with the following: ' 00759.90 Payment - Miscellaneous Portland cement concrete structures are incidental to pipe installation; there will be no separate or additional payment for miscellaneous portland cement concrete structures. PART 00800 - PERMANENT TRAFFIC SAFETY AND GUIDANCE SYSTEMS SECTION 00850 - COMMON PROVISIONS FOR PAVEMENT MARKINGS ' Comply with Section 00850 of the Standard Specifications. SECTION 00865 - LONGITUDINAL PAVEMENT MARKINGS - DURABLE Comply with Section 00865 of the Standard Specifications modified as follows: ' 00865.45 Installation - Replace the bullet that begins "Method B: Non-Profiled Markings..." with the following bullet: Method B: Non-Profiled Markings - Apply with extrusion or ribbon type process. Sprayer applications ' will not be allowed. SECTION 00867 - TRANSVERSE PAVEMENT MARKINGS - LEGENDS AND BARS ' 161 , 2014'f:.i2.\..\I %'\&nhvll\lhn\CO.\\IUIJ-0D\Spec\Pan III Spedal Pmeison, -TAP Pmlttl Ph.,, 1 - W,-i~.J M.)ILIJ Jee C J w 14 c~~~"ar"g h~~ 1 1 1 ' Comply with Section 00867 of the Standard Specifications modified as follows: 00867.40 General - Delete this subsection. 00867.45 Installation - Replace the bullet that begins "Type B: Preformed..." with the following two bullets: ! • Type B: Preformed, Fused Thermoplastic Film - Install preformed, fused thermoplastic film as shown. ' • Type B-HS: Preformed Fused Thermoplastic Film High Skid - Install preformed fused thermoplastic film high skid, that has intermixed reflective elements with factory installed crushed glass ' or aggregate on the surface for all staggered continental crosswalks, bike lane stencils, bike path railroad crossings, and other transverse pavement markings as shown. PART 00900 - PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS SECTION 00905 - REMOVAL AND REINSTALLATION OF EXISTING SIGNS ' Comply with Section 00905 of the Standard Specifications. ' PART 01100 - WATER SUPPLY SYSTEMS SECTION 01140 - POTABLE WATER PIPE AND FITTINGS ' Comply with Section 01140 of the Standard Specifications modified as follows: 01140.44 Thrust Restraint (b) - Add the following: L Restrained joint pipe shall be ductile iron manufactured in accordance with requirements of ANSI/AWWA C151/A21.51. Restrained joint fittings and/or the restraining device components shall be ductile iron in accordance with applicable requirements of ANSI/AWWA C110/A21.10 and/or C153/A21.53 with the ' exception of the manufacturer's proprietary design dimensions. Push-on joints for such fittings shall be in accordance with ANSI/AWWA Clll/A21.11. Pipe thickness shall be designed in accordance with ANSI/AWWA C150/A21.50, and shall be based on laying conditions and internal pressures as stated herein. Contractor shall submit on restrained joint system, including calculations and layout drawing(s) for restrained joint system, for approval by Engineer. The allowed joints will be as follows: 1. Bolted Restraint Joint Piping System a. At mechanical joints: EBBA Iron Mega-Lug Series 1100 or equal. ' b. At push-on joints: US Pipe Field-LOK 350 Gasket or equal. In the event that the Contractor is required to disassemble a bolted restrained joint, the Contractor shall replace the section of pipe in which the bolted restrained was installed. ' 01140.50(a) Flush and Disinfect - Insert the following after the first sentence: Flush and disinfect pipe in accordance with methods approved by the City and Engineer. ' 162 0 20U M R7:51 AM H14 ].:\aahd~\~b\fOA\mu.(ns\Spms\Part 111 Special rmdvums-TAP Pml~t rLaee 1-Ra'i+M O130.IA.Jx O?O? E. Gpnanng, Inc. 1 All newly laid waterlines 8" in diameter and larger shall use "poly pigs" as an internal pipeline cleaner. "Poly pigs" shall be installed in the line during pipeline installation at locations approved by the , Engineer. Lines shall be pre-loaded with water when possible ahead of the "poly pig." The method and approved procedure will be approved by the engineer prior to pig installation depending on the construction and testing sequence. "Poly pigs" shall be moved by water pressure and then removal shall be witnessed by City personnel and certified construction inspector during flushing operations. ' 01140.80(a) Pipe, Fittings and Couplings - Replace the second paragraph with the following: In addition to measurement of the pipe, an allowance of 12 pipe diameters will be made for each factory- ' fabricated bend, sleeve, reducer or coupling (including expansion coupling), and an allowance of 18 pipe diameters of the larger diameter pipe will be made for each factory-fabricated tee or cross. The allowance will be added to the quantity for pipe of the same diameter. , SECTION 01150- POTABLE WATER VALVES Comply with Section 01150 of the Standard Specifications modified as follows: ' 01150.10 Materials - Add the following under "Furnish materials meeting the following requirements:" Water Meter and Vault Assembly ........................................................02480.71 ' 01150.40 General - Add the following subsection: (d) Vaults for Meter Assembly - Set valve vaults in conformance with manufacturer's ' recommendations. 01150.90 Payment - Add the following pay item: (h) Water Meter Vault Assembly ' Add the following paragraph after the paragraph beginning "In item (g),": Item (h) includes excavating, setting the vault and lid, supplying and installing pipeline and fittings ' through the vault, installing valves and appurtenances, installing pipe supports, testing, flushing and disinfection of the assembly. SECTION 01160 - HYDRANTS AND APPURTENANCES Comply with Section 01160 of the Standard Specifications. ' SECTION 01170 - POTABLE WATER SERVICE CONNECTIONS, 2 Inch and Smaller Comply with Section 01170 of the Standard Specifications. ' PART 02000 - MATERIALS ' SECTION 02420 - METAL PIPE , Comply with Section 02420 of the Standard Specifications, supplemented and/or modified as follows: 163 ' 02014]:.1?d)1 %:\FbMcil\Fho\CU:\\101+033\sp,c,\PUt 111 Sp vial Pnniuun±-T.\P Projm Plisse - Na,;xnlM.A0.14.J« ®zou Itt 12 1 ' 02420.11 Ductile Iron - Add the following: Use Standard Thickness Class 50 for all potable water main construction except as otherwise shown. ' SECTION 02470 - POTABLE WATER PIPE MATERIALS ' Comply with Section 02470 of the Standard Specifications modified as follows: 02470.10 General - Add the following to this subsection: ' Pursuant to the 2014 Congressional appropriations bill for the Safe Drinking Water programs, none of the Financing Proceeds may be used for any part of the Project unless all of the iron and steel products used in the project are produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 02470.20 Ductile Iron Pipe: Replace (a) General with the following: (a) General -Use centrifugally cast ductile iron pipe meeting the requirements of AW WA C151. Ductile von pipe shall have a cement-mortar lining and seal coating meeting the requirements of ' AWWA C104. Ductile iron pipe shall be Standard Thickness Class 50 or the thickness class specified or indicated. Ductile iron pipe shall have been manufactured within two years of the date of Notice to Proceed. ' SECTION 02475 - POTABLE WATER FITTING MATERIALS Comply with Section 02475 of the Standard Specifications modified as follows: 02475.10 General - Add the following to this subsection: ' Pursuant to the 2014 Congressional appropriations bill for the Safe Drinking Water programs, none of the Financing Proceeds may be used for any part of the Project unless all of the iron and steel products used in the project are produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 02475.50 Restrained Joints - Add the following: Restrained joint pipe shall be ductile iron manufactured in accordance with requirements of ANSIIAWWA C151/A21.51. Restrained joint fittings and/or the restraining device components shall be ductile iron in accordance with applicable requirements of ANSI/AWWA C1101A21.10 and/or C153/A21.53 with the exception of the manufacturer's proprietary design dimensions. Push-on joints for such fittings shall be in accordance with ANSI/AWWA Clll/A2LIL Pipe thickness shall be designed in accordance with ANSI/AWWA C150/A21.50, and shall be based on laying conditions and internal pressures as stated herein. ' Contractor shall submit on restrained joint system, including calculations and layout drawing(s) for restrained joint system, for approval by Engineer. The allowedjoints will be as follows: ' 2. Bolted Restraint Joint Piping System a. At mechanical joints: EBBA Iron Mega-Lug Series 1100 or equal. ' 164 14 M1 AJI Z:\Botnell\Dau\COd\SulA u33\Spcua\Pan I I I Special reo,taniu - TAPPrvojmi Pnaea -rsed,ca M30.Ii.doc 0 20 zou ~uaz uays"u:di, nic. 1 1 b. At push-on joints: US Pipe Field-LOK 350 Gasket or equal. In the event that the Contractor is required to disassemble a bolted restrained joint, the Contractor shall replace , the section of pipe in which the bolted restrained was installed. 02475.60 Bolted, Sleeve-Type Couplings for Plane-End Pipe - Add the following: ' Except for couplings shown or specified as solid sleeve couplings, sleeve couplings shall be compression type with multi-layered gaskets allowing for connection of pipes with varying outside diameters, and shall be of a type that does not require disassembly prior to installation (stab type) with a single bolt ' connector at each end. SECTION 02480 - POTABLE WATER VALVE MATERIALS ' Comply with Section 02480 of the Standard Specifications, supplemented modified as follows: 02480.10 General - Add the following to this subsection: ' Pursuant to the 2014 Congressional appropriations bill for the Safe Drinking Water programs, none of the Financing Proceeds may be used for any part of the Project unless all of the iron and steel products used in the ' project are produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. ' 02480.20 (b) Arrangement - Replace this subsection with the following: 02480.20 (b) Arrangement- For 16 inch diameter pipe, arrange gate valves for operation with gear case ' in the horizontal position (bevel gear). Add the following to this subsection: 02480.20 (c) - 16 inch Gate valves shall be Kennedy Valve Company KS-RW mounted horizontally with ' bevel gearing, or approved equal. All remaining gate valves to be manufactured by Kennedy Valve Company or approved equal. ' 02480.60 Combination Air Release/Air Vacuum Valves: Replace subsection (b) with the following: (b) Composition - Combination air release/air vacuum valves shall meet the requirements of NSF/ANSI 61 or AW WA C512. The body shall be Reinforced Nylon or other nonmetallic material conforming to NSF 61. Floats shall be Polypropylene or other nonmetallic material conforming to NSF 61. Seals shall be E.P.D.M. conforming to NSF 61. Internal parts shall be synthetic/nonmetallic. , Add the following to this subsection: (e) - Combination air release/air vacuum valves shall be ARI Inc. D-040 or approved equal. ' Add the following subsection: 02480.71 Water Meter Vault Assembly- See plans for items included in water meter vault assembly. ' (a) Vault - Water meter vault to be Utility Vault 687-2 WA Base (I.D. 6'x8'x7' deep), 687 top, locking galvanized steel doors No. 687-T-2-332P with recessed padlock clip, or approved equal. Assembly to ' be H-20 traffic rated. , 165 201u M w 1 4 A '/.:\&nhd1\DVe\QN\1UIa.Bt\spece\Pan 111 Spuivl rm,ilonn-TAP Prnj«r Phan: -0.ecicd OJ3QHiloc 0 zox an p"cednR, i~ic 1l 1 ' SECTION 02485 - HYDRANT AND APPURTENANCE MATERIALS Comply with Section 02485 of the Standard Specifications modified as follows: ' 02485.10 General - Add the following to this subsection: Pursuant to the 2014 Congressional appropriations bill for the Safe Drinking Water programs, none of the Financing Proceeds may be used for any part of the Project unless all of the iron and steel products used in the project are produced in the United States. "Iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 02485.10 Fire Hydrants: Add the following to this subsection: 02485.10(a) - Fire Hydrants shall be: Kennedy-- Guardian K-81 or approved equal SECTION 02490 - POTABLE WATER SERVICE CONNECTION MATERIALS, 2 INCH AND SMALLER Comply with Section 02490 of the Standard Specifications, supplemented and/or modified as follows: ' 02490.80 Sampling Stations - Delete the sentence that begins "Sampling Stations shall have..." Add the following sentence to the end of the paragraph: Sampling stations shall be Kupferle #88 Eclipse or approved equal. ' SECTION 02640 - SHOULDER AGGREGATE Comply with Section 02640 of the Standard Specifications. ' SECTION 02910 - SIGN MATERIALS Comply with Section 02910 of the Standard Specifications modified as follows: 02910.02 Types of Signs - Add "06", 1108", "W12", and "YW" sign types and replace the "132", "133", "Cl", "C2" "FI" "GI" "G2" "G3" "G4" "03" "04" "05" "Rl",'W9" "WI I", and "Y7" sign types with the following: ' "112" Blue Type III or Type IV sheeting background with white Type IX permanent removable legend. ' "133" Blue Type IX sheeting background with white Type IX permanent or removable legend or white Type IX sheeting overlaid with blue transparent paste background, with retroreflective silver-white screened legend. ' Cl" "Brown Type III or Type IV sheeting background with white Type IX permanent or removable legend. "C2" Brown Type IX sheeting background with white Type IX permanent or removable legend or white Type IX sheeting overlaid with brown transparent paste background, with retroreflective silver-white screened legend. ' 166 C® N14 M 1A\1 L\❑mLrll\Daiv\COAUnIJanJ\Sp"ce\Pm III Sp"cial P ro i"one-'1'dP Pro1,T~PLase -Ro;.<d w.]o. u.JOc :ana wiz enMn„dnr, ~n~. "Fl" White Type IX sheeting background overlaid with red and blue transparent paste background with ' white Type IX permanent legend. "GI" Green Type 111 or Type IV sheeting background with white Type IX removable legend. "G2" Green Type III or Type IV sheeting background with white Type IX permanent legend. ' "G3" Green Type IX sheeting background with white Type IX permanent legend, or white Type IX sheeting background overlaid with green transparent paste background with retroreflective silver- ' white screened legend. "G4" Green Type IX sheeting background with white Type IX removable legend. ' "03" Fluorescent orange Type VIII, or Type IX sheeting background with black nonreflective permanent legend and red retroreflective symbol (Stop or Yield Ahead Symbol Sign). "04" Fluorescent orange Type VIII or Type IX sheeting background with black nonreflective permanent , legend. "05" Fluorescent orange Type VIII or Type IX sheeting background with black nonreflective removable ' legend. "06" Fluorescent orange Type VIII or Type IX sheeting background with black nonreflective permanent legend and red, yellow, and green Type VIII and Type IX circles. (Signal Ahead Symbol Sign) ' "08" Fluorescent orange Type VIII or Type IX sheeting background with black nonreflective screened or cut-out permanent legend and silver-white Type VIII or Type IX symbol. (Speed Reduction Symbol ' Sign) "R1" White Type IX sheeting background overlaid with red transparent paste background with white Type IX permanent legend. ' "W9" Silver-white Type III or Type IV sheeting background with blue nonreflective screened or cut-out permanent legend. "W l1" Silver-white Type III or Type IV sheeting background with black nonreflective screened or cut-out ' permanent legend with red Type III or Type IV symbol. "WIT' Silver-white Type III or Type IV sheeting background with transparent green screened legend or green Type III or Type IV cut-out permanent legend with blue Type III or Type IV symbol. "Y7" Fluorescent yellow Type IX sheeting background with black nonreflective screened or cut-out ' permanent legend and red Type IX symbol. (Stop or Yield Ahead Symbol Sign) "YW" Yellow Type III or Type IV sheeting background with black nonreflective screened or cut-out permanent legend, and white Type III or Type IV sheeting background with black nonreflective , screened or cut-out permanent legend and red Type III or Type IV symbol. 02910.10 Aluminum - In the paragraph that begins "Fabricate sheet...", replace the sentence that begins "Fabricate sheet aluminum..." with the following two sentences: , Fabricate sheet aluminum signs from aluminum alloy 6061-T6, 5052-H38, 5154-H38, or approved equal. Give a chromate treatment conforming to ASTM B 449, Class 2 or a titanium-based coating according to ASTM B 921. ' 167 ' i/6/14 152.\..\I %-\a"tM1ell\ W n\f.OA\IUIJ-U9\Slua\Pvrt 111 $Pedal P"niions- TAP Proic'ct PLam I - Rniscd W 3U. U-Aoc o 2014 8112 I:Vn-m,Inc. 1 02910.20(a) General -Replace the sentence that begins "Use reflective sheeting..." with the following ' sentence: Use reflective sheeting Type I and retroreflective sheeting Type 111, Type IV, Type VIII, and Type IX from the QPL and the following: ' 02910.32(b) Retroreflective Sheeting Legend - In the paragraph that begins "The silver-white or...", replace the sentence that begins "The white retroreflective sheeting..." with the following sentence: The white retroreflective sheeting shall consist of Type IX sheeting conforming to 02910.20. 02910.75 Manufacturer's Warranty - Replace the paragraph that begins "For retroreflective Type IIL.." ' with the following paragraph: For retroreflective Type Ill and Type IV sheeting used for permanent signs, provide a Warranty, for a Warranty period of 10 years, for restoring sign panels and replacing sheeting if the sheeting has failed as ' defined below. In the paragraph that begins "For purposed of the Warranty...", replace the bullet that begins "70% of minimum coefficient...", with the following bullet: t 70% of minimum coefficient of retroreflection for designated sheeting or cuttable film according to ASTM D 4956 for the remaining 3 years of the Warranty period for Type 111 and Type IV sheeting and remaining 5 years of the Warranty period for Type IX sheeting. 1 PART 03000 - MATERIALS SECTION 03020 - EROSION MATERIALS Section 03020, which is not a Standard Specification, is included in this Project by Special Provision. Description ' 03020.00 Scope -This Section includes the requirements for erosion control materials. Materials 03020.10 Commercially Manufactured Compost - Furnish commercially manufactured compost that: • Is processed through thermophilic composting meeting the EPA's definition of "Process to Further ' Reduce Pathogens." • Is from a commercial compost facility that holds a current DEQ composting permit or is registered with DEQ as a composting facility. • Meets the requirements of the US Composting Council (USCC) and it's Seal of Testing Assurance ' (STA) program. • Contains a minimum 65% by volume of the following recycled plant waste: • Source-separated yard and garden wastes ' Wood wastes • Agricultural crop residues • Wax-coated cardboard • Preconsumer vegetative food wastes • Other similar source-separated materials that the DEQ has determined to have a comparable low level of risk in hazardous substances, human pathogens, and physical contaminants. ' 168 5/6/14 7:52 Z:\PwhvO\Ihn\f,0:\\m1A-U31\Spms\Pan 111 Spedil Pmaaons.'1'AP Project Phase - RniseAIHJO.IJ Joc ® 20so14 nuz In,. C' • Manure or biosolids based composts when approved. • Meets the following compost particle size and media parameters: ' Compost Particle Size Compost Type ' Sieve Size Fine* Medium* Coarse** Minimum Percent Passing (By Dry Weight) 3" 100 065 0 100 ' 1" - 90 3/4" - 70 5/8" 95 - , Maximum Percent Passing (By Dry Weight) 1/4" - 50 30 * maximum 3 inch particle length ' maximum 6 inch particle length Media Parameters Test Test Method Requirements Physical Contaminants* TMECC** 03.08-A Less than 1.0% ' Organic Matter TMECC** 05.07-A 35% (Minimum) pH TMECC** 04.11-A 6.0 to 8.5 Soluble Salt Concentration TMECC** 04.10-A 5 dS/m (Maximum) Carbon/Nitrogen Ratio Total Carbon TMECC** 04.02-D Fine Medium & Coarse Total Nitrogen TMECC** 04.02-D <25:1 n/a Stability TMECC** 05.08-B 8 or below , Maturity TMECC** 05.05-A 80% or Greater Moisture Content TMECC**03.09-A 35-60% (Wet Weight) * Man-made Inert Test Methods for Evaluation of Compost and Composting 03020.90 Acceptance - Acceptance of commercially manufactured compost material will be the following: , • Quality compliance certification according to 00165.35. ' • Copies of STA lab analysis. • Copy of DEQ permit or registration of the compost producer. 169 5/6/14 7:i2XN1 ' %:\imhdl\nar \COA\IOId-Uit\Spms\Pan III Spcoal Prn.isona- TAP Pmj,c, Pharr I - No-iwd M.3014 doc 0 20 3014 1J 8112 NL En eneenng Inc. 1 1 1 1 1 i ~ f• M 3 I C ~r 1 1 1 170 IA M1 AM '/.:\14nLa'Il\Ihn\CO.\\IIIN-Q33\Spa±\Pan I I I Slncial Pmciriun. -'13P Projm Pha.e 1 - Rni.N M JO.IAdoc ®20 201J Rll? Rnpnccnng Inc. 1 1 t 1 t 1