contract & bid documents for public works …

Bid Booklet CoverFOR PUBLIC WORKS CONSTRUCTION
City Project Number: 2005-015A Project Name: East Main Street Railroad Crossing Project Type: Grading, Drainage, Paving & Signing Project Duration: June 30, 2008 or 60 Calendar Days Pre-Bid Conference: March 27, 2008 Proposals Due by: April 10, 2008 Submit Questions & Bid Proposals to: James H. Olson, P.L.S., City of Ashland
DEPARTMENT OF PUBLIC WORKS
ASHLAND OR 97520 541/488-5587 (voice) 541/488-6006 (fax)
TABLE OF CONTENTS PAGE PART I – BID & CONTRACT DOCUMENTS 1-40 Advertisement for Bids.................................................................................. 1-3 Proposal & Bid Schedule............................................................................... 4-10 Bid Bond........................................................................................................ 11 Performance & Payment Bond ...................................................................... 12-15 Certifications of Representation .................................................................... 16 Contract Form ............................................................................................... 17-19 Contractor Occupancy / Access Agreement .................................................. 20-29 GENERAL REQUIREMENTS, PART 00100.......................................... 30-37 SP110 Organization, Conventions, Abbreviations, and Definitions .............. 30 SP120 Bidding Requirements and Procedures ............................................... 30-32 SP130 Award and Execution of Contract....................................................... 32 SP140 Scope of Work .................................................................................... 33 SP150 Control of Work & Valdez Principles................................................. 33-36 SP160 Source of Materials ............................................................................. 37 SP165 Quality of Materials ............................................................................ 37 SP170 Legal Relations and Responsibilities .................................................. 37-38 SP180 Prosecution and Progress .................................................................... 38-39 SP190 Measurement of Pay Quantities .......................................................... 39 SP195 Payment .. .......................................................................................... 39 SP196 Payment for Extra Work ..................................................................... 39 SP197 Payment for Force Account Work ...................................................... 39 SP199 Disagreements, Protests and Claims ................................................... 39-40 PART II – TECHNICAL SPECIFICATIONS & CITY STANDARD DRAWINGS 41-104
PART III – PLANS – BOUND SEPARATELY Project Plans Oregon Standard Drawings
East Main St. RR Crossing March 3, 2008 i
FOREWARD
The documents and forms which are attached, or for which provisions are made, must be used in submitting proposals for the East Main Street Railroad Crossing for the City of Ashland, Oregon, as covered by the "Oregon Standard Specifications for Construction, 2002" and "Supplemental Oregon Standard Specifications for Construction, 2006" Oregon Department of Transportation and American Public Works Association, Oregon Chapter and other pertinent specifications where indicated. 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 bid and contract documents, specifications, and plans become necessary and be issued prior to the date of receiving bids, they shall be deemed a part of the complete document. This project is funded with City and State money.
East Main St. RR Crossing March 3, 2008 ii
PART I
BID & CONTRACT DOCUMENTS
City Project Number: 2005-015A Project Name: East Main Street Railroad Crossing Project Type: Grading, Drainage, Paving & Signing Project Duration: June 30, 2008 or 60 Calendar Days Pre-Bid Conference: March 27, 2008 Proposals Due by: April 10, 2008 Submit Questions & Bid Proposals to: James H. Olson, P.L.S., City of Ashland
CITY OF ASHLAND
ADVERTISEMENT FOR BIDS
Sealed proposals addressed to the City of Ashland, Oregon, and endorsed the "East Main Street Railroad Crossing" will be received at the Siskiyou Conference Room located at 51 Winburn Way (mailing address: 20 E. Main Street, Ashland OR 97520), until 1:30 PM on Thursday, April 10, 2008, at which time proposals will be publicly opened and read. If the total amount of the contract exceeds $75,000, the award of the contract must be approved by the Local Contract Review Board. A contract for work will be awarded or bids may be rejected, separately or entirely, within thirty (30) days after opening. Complete all work to be done under the contract by June 30, 2008, or 60 Calendar Days from Notice to Proceed issuance. The work shall consist of supplying all labor, equipment, and materials necessary to construct improvements including but not limited to the following approximate quantities for major work items:
• Provide temporary protection and direction of traffic • Provide erosion control • Removal and replacement of miscellaneous traffic control structures and devices • Removal of existing, and installing new pipes • General excavation • Subgrade stabilization • Construct concrete inlets, concrete storm sewer manholes, and storm sewer pipe, • Construct 6' high masonry retaining wall w/ pedestrian rail • Place painted striping, pavement legends and stop bars • Small quantities of asphalt paving, concrete curb and gutter, concrete sidewalk, concrete
ramps • Perform additional and incidental work as called for by the Plans and Specifications.
East Main St. RR Crossing March 3, 2008 1
Plans, specifications and documents may be examined at: 1. City Engineering Office
City of Ashland 51 Winburn Way 20 E Main Street (mailing Address) Ashland OR 97520 541/488-5347
2. Medford Builders Exchange 305 N Bartlett Medford OR 97501 541/773-5327
3. Grants Pass Builders Exchange 910-B SW 6th Street Grants Pass OR 97526 541/479-5526
4. Klamath Builders Exchange 725 Main Street Room 214 Klamath Falls OR 97061 541/882-9480
5. Daily Journal of Commerce Plan Center
2840 NW 35th Avenue Portland, OR 97296 503/274-0624 503/274-2616 FAX
A non-mandatory pre-bid conference will be held at the Community Development Building, Siskiyou Conference Room, 51 Winburn Way, Ashland, Oregon at 1:30 PM, Thursday, March 27, 2008. All bidders are encouraged to attend this meeting. Copies of the plans and specifications may be obtained at the City Engineering Office, 51 Winburn Way, Ashland Oregon, at no cost. No bid shall be received or considered unless the bidder is registered with the Construction Contractor’s Board. The "Oregon Standard Specifications for Construction, 2002" and the "Supplemental Oregon Standard Specifications for Construction, 2006" shall apply to work done under this contract. Copies of the Standard Specifications are available from: ODOT Contractor Plans Office Room 28 Transportation Building 355 Capitol Street NE Salem OR 97301-3871 Standard Specifications may also be downloaded from the ODOT Web Site: http://www.oregon.gov/ODOT/HWY/SPECS/2002_std_specs.shtml Bidders shall pre-qualify as provided by ORS Chapter 279C.430 and in accordance with 00120.00. Contractor or Sub-Contractor do not need to be licensed under ORS 468A.720 (No asbestos removal). All projects in excess of $50,000.00 require the Contractor to pay prevailing wage rates. No bid shall be considered unless the bid contains a statement by the bidder as a part of the bid
that the provisions of ORS 279C.800 through 279C.870 Prevailing Wage Rates will be complied with. All projects require the Contractor to provide a “Performance” bond and a “Payment” bond, each equal to the total amount of the contract. Contractor is required to read ORS 279 subchapter A and ORS 279 subchapter C. Contractor is also required to read City of Ashland’s Public Contracting rules as found in the Ashland Municipal Code, Chapter 2.50, "Public Contracts". All public contracts that exceed $75,000 must be approved by the Local Contract Review Board (i.e. City Council) prior to award. Contractors awarded a contract must provide proof of required insurance (as required in the City’s contract form) at the time of the execution of the contract. A contract is not accepted unless such proof of insurance is provided. The work required by the proposed Project will require work to be performed in the Central Oregon & Pacific Railroad (CORP) right-of-way. The Contractor will provide the City with a signed Contractor Occupancy/Access Agreement in order to enter under contract for the proposed Project. The City of Ashland reserves the right to reject for any good cause any or all bids, waive formalities, or to accept any bid which appears to serve the best interests of the City. By Order of the City Council Ashland, Oregon James H. Olson, P.L.S. Interim Public Works Director
PROPOSAL Mayor & City Council Ashland, Oregon The undersigned Bidder declares that the Bidder has received, read and understood all bid documents; received, read and understood all addenda; the Bidder has taken no exceptions other than those clearly stated in this proposal; the Bidder will be liable for increased costs (and attorney fees) for retaining a replacement bidder if the undersigned Bidder is awarded the contract but refuses to sign the contract; the Bidder has examined the plans and specifications, has visited the site, and made such investigation as is necessary to determine the character of the materials and conditions to be encountered in the work and that if this Proposal is accepted, the Bidder will contract with the City of Ashland, Oregon for the construction of the proposed improvement in a form of contract contained in the bid documents, will provide the necessary equipment, materials, tools, apparatus, and labor, in accordance with the plans and specifications on file at the City Engineering Office, Ashland, Oregon, under the following conditions: 1. 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 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. 2. The undersigned will furnish the bonds required by the specifications and comply with all 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 or municipal ordinances may not have been quoted or referred to in these specifications. 3. All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of a lump sum price or prices for each and every item and by the showing of other information indicated by the proposal form. The undersigned submits the unit prices set forth as those at which the bidder will perform the work involved. The extensions in the column headed “Total” are made up for the sole purpose of facilitating comparison of bids and if there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern.
4. 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 Subsection 00180.50 of the Special Provisions, for each day the project remains incomplete.
5. The undersigned, as Bidder, acknowledges that addendum (addenda) numbered through have been received by the bidder and have been examined as part of the contract documents. 6. The undersigned, as Bidder, acknowledges that provisions of ORS 279C.800 relating to workers on public works to be paid not less than prevailing rate of wage shall be included in the contract. 7. 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 price exceeds $75,000 (see ORS 279C.370). Specifically, when the contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following information about that subcontract within two working hours of bid closing:
7.1 The subcontractor’s name and address; 7.2 The subcontractor’s Construction Contractor Board registration number, if one is
required, and; 7.3 The subcontract dollar value.
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. THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS INFORMATION WITHIN FOUR HOURS OF BID CLOSING. To determine disclosure requirements, the City recommends that you disclose subcontract information for any subcontractor as follows: 1) Determine the lowest possible contract price. That price will be the base bid amount less
all alternate deductive bid amounts (exclusive of any options that can only be exercised after contract award).
2) Provide the required disclosure information for any first-tier subcontractor whose potential contract services (i.e., subcontractor’s base bid amount plus all alternate additive bid amounts, exclusive of any options that can only be exercised after contract award) are greater than or equal to: (i) 5% of the lowest contract price, but at least $15,000, or (ii) $350,000 regardless of the percentage. Total all possible work for each subcontractor in making this determination (e.g., if a subcontractor will provide $15,000 worth of services on the base bid and $40,000 on an additive alternate, then the potential
amount of subcontractor’s services is $55,000. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15,000 services and the ($40,000 services).
The disclosure should be submitted on the following form:
City of Ashland
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM (As Required by ORS 279C.370 and OAR 137-049-360)
EAST MAIN STREET RAILROAD CROSSING PROJECT 2005-015A
Bid Closing Date: April 10, 2008
NAME OF SUBCONTRACTOR CATEGORY OF WORK DOLLAR VALUE 1.
2.
3
4
5
6
7
8
9
10
BID SCHEDULE EAST MAIN STREET RAILROAD CROSSING
Project No. 2005-015A APRIL 10, 2008
ITEM NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL
10 Mobilization Lump Sum All Lump Sum $ _________
20 Temporary Protection and Direction of Traffic Lump Sum All Lump Sum $ _________
30 Temporary Signs Sq. Ft. 224.0 $ _________ $ _________
40 Flaggers Hour 250 $ _________ $ _________
60 Inlet Protection Each 5 $ _________ $ _________
70 Sediment Fence, Unsupported Ft. 92.0 $ _________ $ _________
80 Pollution Control Plan Lump Sum All Lump Sum $ _________
90 Removal of Structures and Obstructions Lump Sum All Lump Sum $ _________
100 Removal of Guardrail Lump Sum All Lump Sum $ _________
110 Removal of Pipes Ft. 10.0 $ _________ $ _________
120 Removal of Curbs Ft. 135.0 $ _________ $ _________
130 Removal of Walks and Driveways Sq. Yd. 37.0 $ _________ $ _________
140 Removal of Inlets Each 2 $ _________ $ _________
150 General Excavation Cu. Yd. 300.0 $ _________ $ _________
160 12 Inch Subgrade Stabilization Sq. Yd. 100.0 $ _________ $ _________
170 Subgrade Geotextile Sq. Yd. 535.0 $ _________ $ _________
180 8 Inch Ductile Iron Pipe, 5 Ft. Depth Ft. 77.0 $ _________ $ _________
190 8 Inch Ductile Iron Pipe, 5 Ft. Depth, With Class E Backfill Ft. 50.0 $ _________ $ _________
200 12 Inch Storm Sewer Pipe, 5 Ft. Depth Ft. 14.0 $ _________ $ _________
210 18 Inch Storm Sewer Pipe, 5 Ft. Depth Ft. 120.0 $ _________ $ _________
220 Concrete Inlets, Type 2-1/2 A Each 1 $ _________ $ _________
230 Concrete Inlets, Type D Each 1 $ _________ $ _________
240 Concrete Inlets, Modified Each 2 $ _________ $ _________
250 Concrete Storm Sewer Manholes Each 1 $ _________ $ _________
260 Adjusting Boxes Each 3 $ _________ $ _________
BID SCHEDULE EAST MAIN STREET RAILROAD CROSSING
Project No. 2005-015A APRIL 10, 2008
270 Connection To Existing Structures Each 1 $ _________ $ _________
280 Filling Abandoned Structures Each 2 $ _________ $ _________
290 Trench Resurfacing Sq. Ft. 270.0 $ _________ $ _________
300 Pedestrian Rail Lump Sum All Lump Sum $ _________
310 Retaining Wall, Masonry Sq. Ft. 102.0 $ _________ $ _________
320 Aggregate Base Ton 330.0 Lump Sum $ _________
330 Level 3, 1/2 Inch Dense HMAC Mixture Ton 135.0 $ _________ $ _________
340 Asphalt Walks Sq. Yd. 15.0 $ _________ $ _________
350 Curb and Gutter Concrete Curbs Ft. 176.0 $ _________ $ _________
360 Concrete Walks Sq. Ft. 1,065.0 $ _________ $ _________
370 Guardrail, Type 3 Ft. 19.0 $ _________ $ _________
380 Guardrail End Pieces, Type B Each 2 $ _________ $ _________
390 Pavement Legend, Type B: Bicycle Lane Symbol Each 1 $ _________ $ _________
400 Pavement Line, Type A Sq. Ft. 255.0 $ _________ $ _________
410 Painted Permanent Pavement Striping Ft. 380.0 $ _________ $ _________
420 Remove and Reinstall Existing Signs Lump Sum All Lump Sum $ _________
430 Pipe Sign Posts Lump Sum All Lump Sum $ _________
440 Type "W1" Signs In Place Sq. Ft. 10.0 $ _________ $ _________
450 Type "Y1" Signs In Place Sq. Ft. 18.0 $ _________ $ _________
460 Lawn Seeding Sq. Yd. 16.0 $ _________ $ _________
470 Rock Mulch Ton 9.0 $ _________ $ _________
480 Removing and Rebuilding Fence Ft. 15.0 $ _________ $ _________
TOTAL OF BID ITEMS
$ ___________________
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 279C.395. 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. The total of all bid items is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. 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. Additionally, upon written notice of the acceptance of the bid, Bidder shall enter into agreement with Central Oregon & Pacific Railroad (CORP), which is included below, to work in the right-of-way owned by CORP, within ten days. The Bidder is or is not ___ a resident Bidder as defined in ORS 279A.120. Firm Name of Bidder Signature of Bidder
Printed Name of Bidder
State of Incorporation CCB Number Dated this day of 2008.
Name of Bidder
BID BOND We, the undersigned, as Principal, and as Surety, are held and firmly bound to City of Ashland, Oregon as OWNER, in the penal sum of for the payment of which jointly and severally bind ourselves, our successors, and assigns. Signed this day of , 20 . The condition of the above obligation is such that whereas the Principal has submitted to the City of Ashland, Oregon, a certain BID, attached and made a part of this BOND, to enter into a contract in writing, for the proposal of the East Main Street Railroad Crossing. NOW, THEREFORE,
(a) If this BID shall be rejected, or; (b) If this BID shall be accepted and the Principal shall execute and deliver a contract
in the Form of Contract attached (properly completed in accordance with the BID) and furnish a BOND for the faithful performance of the contract, and for the payment of all persons performing labor or furnishing materials in connection with the contract, and shall in all respects perform the agreement created by the acceptance of the BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims under this BOND shall, in no event, exceed the penal amount of this obligation as stated.
The Surety, for value received, stipulates and agrees that the obligations of the Surety and
its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and the Surety waives notice of any such extension.
(L.S.) Principal Surety By: 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.
PERFORMANCE BOND The undersigned , as principal, further referred to in this bond as Contractor, and , 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 Dollars ($ ). Contractor and City have entered into a written contract dated , for the following project: East Main Street Railroad Crossing, Project No. 2005-015A. 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:
1. 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 jointly and severally binds Contractor and Surety and their
respective heirs, executors, administrators, successors.
5. 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:
Bond Agent:
CONTRACTOR:
By:
Title:
PAYMENT BOND The undersigned , as principal, further referred to in this bond as Contractor, and , 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 Dollars ($ ). Contractor and City have entered into a written contract dated , for the following project: East Main Street Railroad Crossing Project No. 2005-015A. 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:
1. 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 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.600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective heirs,
executors, administrators, successors.
5. 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:
Bond Agent:
CONTRACTOR:
By:
Title:
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or the Contactor 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 the City that (a) it has the power and authority to enter into and perform the work; and
(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 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:
_____ (1) I carry out the labor or services at a location separate from my residence or in a specific portion of my residence, set aside as the location of the business.
_____ (2) Commercial advertising or business cards or a trade association membership are purchased for the business.
_____ (3) Telephone listing is used for the business separate from the personal residence listing.
_____ (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
_________________________ _____________
CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this day of , 2008, between the City of Ashland,
(“City”) and “(Contractor”). City and Contractor agree:
1. Contract Documents: This Contract is made as a result of an Advertisement for Bid issued by City for the East Main Street Railroad Crossing Project, Project Number 2005-015A. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this Contract, the contract documents defined in the Advertisement for Bid and Contractor’s bid, this contract shall take precedence over the contract documents, which shall take precedence over the bid. 2. Scope: Contractor shall begin and complete the project described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations, or modifications to the contract documents are incorporated into this contract: 3. Price & Payment: City shall pay Contractor amounts earned under the Contract. All payments will be made at the times and in the manner provided in the contract documents. 4. Performance and Payment Bonds: Contractor shall, within five days after execution of the Contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of $ conditioned upon the faithful payment and performance of this contract upon the part of the Contractor as required by ORS 279C.380. 5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and approximately caused by the negligence of City. 6. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy is listed in 00170.70 of the General Requirements. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the
commencement of any work under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. 7. Default: A default shall occur under any of the following circumstances:
7.1 If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workers or equipment or with sufficient materials to insure the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work.
7.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.
7.3 From any other cause whatsoever, shall not carry on the work in an acceptable manner.
8. Remedies: In addition to the rights and remedies to which the City may be entitled by law for the enforcement of its rights under this Contract, City shall have full power and authority, without violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may cause a contract for the completion of this Contract according to its terms and provisions, or use such methods as required for the completion of the Contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the Contract, shall be deducted from any money due or which shall become due the Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the Contract if it had been completed by the Contractor, then the Contractor shall be entitled to received the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have been payable under the contract, the Contractor and the surety shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. 9. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor & Industries Wage & Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining to prevailing wage rates. 10. Living Wage Rates: If the amount of this Contract is $15,964 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 notice predominantly in areas where it will be seen by all employees. The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining to prevailing wage rates. 11. Assignment and Subcontracts: Contractor shall not assign this Contract without the written consent of City. Any attempted assignment without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. Contractor may not substitute any subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written consent of the City, or by following the procedures of ORS 279C.585 and OAR 137-049-0360. CONTRACTOR CITY OF ASHLAND
By: By: Signature Lee Tuneberg
Finance Director
Printed Name
By: By: Legal Department Date: Department Head Date: Coding:
(For City use only)
CONTRACTOR OCCUPANCY/ACCESS AGREEMENT
This agreement (hereinafter "Agreement") made this _____ day of _____________, 2008 by and between Central Oregon Pacific Railroad (hereinafter "RAILROAD"), whose address is: WITNESSETH:
1. Upon payment of a one time fee of ROE_FEE and compliance with the provisions herein contained, RAILROAD hereby permits CONTRACTOR to enter the property of RAILROAD, at or near Mile Post _____, in the City of Ashland, in the county of Jackson, State of Oregon, for purpose of installation, maintenance, renewal or removal (hereinafter referred to as "WORK"), of Main Street (hereinafter "Structure"). Said permit is granted for a period not to extend beyond sixty (60) days from the date of execution of this Agreement by RAILROAD. Provided, however, this permit may be canceled by RAILROAD at any time CONTRACTOR is deemed by RAILROAD not to be in compliance with any of the terms herein.
2. The term "Contractor" shall be used to identify the party that will perform the WORK
as described in Section 1, whether or not Contractor is signatory to Contract_No. ________ If Contractor is other than Contractor_Name, Contractor warrants to RAILROAD that Contractor (hereinafter termed "Third Party"), has entered into a "Contract" with Contractor_Name covering the WORK to be performed in connection with Structure at said location(s), being Mile Post _____.
3. As additional consideration, CONTRACTOR agrees to reimburse RAILROAD for all cost and expense incurred by RAILROAD in connection with the WORK. Such costs and expenses shall include, but are not limited to, furnishing of inspectors, watchmen and flagmen as RAILROAD deems necessary to protect its property , tracks, engines, trains and cars and the operation thereof, the installation and removal of any necessary falsework beneath the tracks of railroad and the restoration of RAILROAD property. No vehicular crossing over RAILROAD'S tracks shall be installed or used by CONTRACTOR without prior written permission of RAILROAD.
4. CONTRACTOR shall give RAILROAD at least five (5) days' notice in advance of any work done upon or adjacent to RAILROAD property under this Agreement. CONTRACTOR shall notify RAILROAD General Manager at RR_Addy_Line_1, RR_Addy_City_State_Zip, phone RR_Phone, in advance of the start of the WORK, give the General Manager notification of the date said WORK is completed, and also the date the Contractor's work is accepted by Third Party. Upon completion of the WORK, CONTRACTOR shall promptly remove from RAILROAD property all tools, equipment and materials placed thereon by CONTRACTOR and CONTRACTOR'S agents. CONTRACTOR shall restore RAILROAD property to the same stand and condition as when CONTRACTOR entered thereon and shall
leave said property in a clean and presentable condition. CONTRACTOR, after completion of construction or termination of work, at its sole cost, hereby agrees to restore in a good and workman like manner all property disturbed by CONTRACTOR use or construction or maintenance activities from the date of execution of this document. Said restoration shall include, but not be limited to, any and all harm, damage or injury done to RAILROAD property and/or to any other public or private property by acts or occurrences subject to Federal, State or local environmental enforcement or regulatory jurisdiction, and shall include necessary and appropriate testing and cleanup.
5. CONTRACTOR'S work shall be performed in accordance with plans and specifications approved by RAILROAD and in such manner and at such times as shall not endanger or interfere with the safe operation of the tracks and other facilities of RAILROAD at said location. No materials, tools or equipment shall be stored within ten (10) feet of the centerline of any track. The regulations of RAILROAD and the instructions of its representatives shall be complied with relating to the proper manner of protecting the tracks, pipelines, wire lines, signals and all other property at said location, the traffic moving on such tracks and the removal of tools, equipment and materials. Provided, no bailment shall be created by the storage of any materials, tools or equipment on RAILROAD property.
6. Before said WORK, CONTRACTOR shall, at its sole cost and expense, obtain all necessary authority from any public authorities having jurisdiction in the premises, and shall thereafter observe and comply with the requirements of such public authority or authorities and all applicable laws and regulations. CONTRACTOR shall secure written approval by RAILROAD of plans and/or specifications submitted to RAILROAD prior to the commencement of any WORK.
7. The Structure shall be installed at the sole risk, cost and expense of CONTRACTOR, in accordance with American Railway Engineering Association Specifications or other Industry Standard Specifications as may apply or be appropriate for the use intended. Said specifications are incorporated herein and made a part hereof by reference. Approval of plans or completed work by RAILROAD'S designated representative shall not, in itself, be considered acknowledgement that said project is in conformity with said standards.
8. CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RAILROAD, RAILAMERICA, INC., ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION , SUITS, AND LIABILITIES OF EVERY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES, COURT COSTS, AND OTHER EXPENSES RELATED THERETO) FOR INJURY TO OR
DEATH OF A PERSON OR FOR LOSS OF OR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY WORK DONE, ACTIONS TAKEN OR PERMITTED BY CONTRACTOR, ITS SUBCONTRACTORS, AGENTS OR EMPLOYEES UNDER THIS CONTRACT.
IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND RAILROAD, THAT THE INDEMNITY RPOVIDED FOR IN THIS PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE; PROVIDED THAT SAID INDEMNITY SHALL NOT PROTECT RAILROAD FROM LIABILITY FOR DEATH, INJURY OR DAMAGE ARISING SOLELY OUT OF THE CRIMINAL ACTIONS OF RAILROAD, ITS’ OFFICERS, AGENTS AND EMPLOYEES, IT IS STIPULATED BY THE PARTIES THAT RAILROAD OWES NO DUTY TO CONTRACTOR, ITS CLIENT, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR INVITEES, TO PROVIDE A REASONABLY SAFE WORK PLACE AND THAT ALL PARTIES ENTERING ONTO RAILROAD PROPERTY DO SO AT THEIR SOLE RISK.
9. Should RAILROAD bring suit to compel performance of or to recover for breach of
any covenant of condition contained herein, CONTRACTOR shall pay to RAILROAD reasonable attorneys’ fees in addition to the amount of judgment and costs.
10. Prior to the performance of any work upon or adjacent to RAILROAD’S property
under this Agreement:
(a) CONTRACTOR shall furnish RAILROAD, at CONTRACTOR expense, a certified copy of a public liability and property damage liability insurance policy issued in the name of CONTRACTOR covering the contractual liability assumed by CONTRACTOR under Section 8 hereof. The form, substance and limits of said insurance policy shall be subject to the approval of RAILROAD and shall be in compliance with the provisions contained in the insert marked Exhibit “A”, hereto attached and made a part hereof. (b) CONTRACTOR shall furnish RAILROAD, at CONTRACTOR expense, a certificate of Workers Compensation coverage, including Federal Employee Liability Act coverage if applicable, for its workers and subcontractors in accordance with the requirements of the State or States in which said work is to be performed. (c) CONTRACTOR shall furnish a policy of Railroad Protective coverage in the amount of Two million and no/100 dollars ($2,000,000.00) per occurrence, Six million and no/100 ($6,000,000.00) aggregate with named insured as outlined in CONTRACTOR OCCUPANCY/ACCESS AGREEMENT, Exhibit “A”. WARNING: ONLY A POLICY OF RAILROAD PROTECTIVE INSURANCE
WHICH SPECIFICALLY NAMES CORP AND RAILRAMERICA, INC., AS THE INSURED PARTIES IS ACCEPTABLE AND A COPY OF SAID POLICY MUST BE RECEIVED PRIOR TO THIS PERMIT BEING APPROVED ON BEHALF OF RAILROAD. CONTRACTOR shall keep said insurance in full force and effect until all work to be performed upon or adjacent to RAILROAD property under said contract is completed to the satisfaction of and accepted by Third Party and thereafter until CONTRACTOR has fulfilled the provision of this agreement with respect to the removal of tools, equipment and materials from RAILROAD property. Said policy shall name RAILROAD as additional insures.
11. The permission herein given shall not be assigned by CONTRACTOR without the prior written consent of RAILROAD, except in the case of subcontractors who shall be deemed agents of CONTRACTOR, subject to the terms of this Agreement. RAILROAD Requirements for CONTRACTOR working on RAILROAD Right-of- Way are attached as CONTRACTOR OCCUPANCY/ACCESS AGREEMENT, Exhibit “B” and made a part hereof. Failure to comply with all of said requirements shall be grounds for cancellation of this Agreement at the sole option of RAILROAD.
12. CONSTRUCTION PROVISIONS: In relation to RAILROAD’S track and
RAILROAD operations:
a. CONTRACTOR warrants it will place no bore pit closer than 25 feet from the end of the ties of the nearest track, as measured at right angles from said track; that no lines will be installed under RAILROAD’S track.
b. CONTRACTOR shall be solely liable for location and protection of any subgrade railroad signal wires or other railroad facilities, which may be impacted by CONTRACTOR WORK. If same shall be damages by said WORK, CONTRACTOR shall, at its own expense, immediately cause said damage to be corrected. CONTRACTOR shall be solely liable to RAILROAD for any and all costs resulting for any interruption of train service resulting from CONTRACTOR WORK.
c. Said provision shall prevail over any lesser provision or standard set out for occupancy of adjoining or underlying lands.
THIS AGREEMENT IS hereby declared to be binding upon the parties hereto. IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals this
_________ day of ______________2008. WITNESS RAILROAD Central Oregon Pacific Railroad ______________________ by: Elizabeth A. Brown its: Director – Real Property Management Signed:____________________________ WITNESS CONTRACTOR __________________________________ ______________________ by: ______________________________ its: _____________________________ Signed:____________________________
CONTRACTOR OCCUPANCY/ACCESS AGREEMENT EXHIBIT “A”
The coverage afforded hereunder shall include the liability assumed by the named insured under the following indemnification provisions contained in an agreement in writing between the named insured and CORP, covering work to be performed upon or adjacent to its property Mile Post _____ ±, quoted hereinbelow for convenience; CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS RAILROAD, RAILAMERICA, INC., ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITIES, OF EVERY KIND (INCLUDING REASONABLE ATTORNEY’S FEES, COURT COSTS, AND OTHER EXPENSES RELATED THERETO) FOR INJURY TO OR DEATH OF A PERSON OR FOR LOSS OF OR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH ANY WORK DONE, ACTION TAKEN OR PERMITTED BY CONTRACTOR, ITS SUBCONTRACTORS, AGENTS OR EMPLOYEES UNDER THIS CONTRACT. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO, BOTH CONTRACTOR AND RAILROAD, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH INDEMNIFIES RAILROAD FOR ITS OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ACTIVE OR PASSIVE, OR IS THE SOLE OR A CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE; PROVIDED THAT SAID INDEMNITY SHALL NOT PROTECT RAILROAD FROM LIABILITY FOR DEATH, INJURY OR DAMAGE ARISING SOLELY OUT OF THE CRIMINAL ACTIONS OF RAILROAD, ITS OFFICERS, AGENTS AND EMPLOYEES. IT IS STIPULATED BY THE PARTIES THAT RAILROAD OWES NO DUTY TO CONTRACTOR, ITS CLIENT, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR INVITEES TO PROVIDE A REASONABLY SAFE WORK PLACE AND THAT ALL PARTIES ENTERING ONTO RAILROAD PROPERTY DO SO AT THEIR SOLE RISK. The policy or policies shall provide coverage in amount of not less than Two Million Dollars ($2,000,000) combined single limit for all damages arising out of bodily injury to or death of persons and for loss of or damage to property. The policy or policies, where applicable and available, shall contain Insurance Services Office Standard Endorsement CG 2417. No cancellation of this policy or modification of the coverage afforded under this endorsement shall be effective until ten (10) days’ notice thereof has been given to: RailAmerica, Inc., Attn.: Property Management Dept., 5300 Broken Sound Boulevard NW, Boca Raton, FL 33487, Facsimile: 561.226.6907.
The policy as require in section 10(a) of the Agreement shall name RAILROAD as an additional insured. The policy as required in section 10(b) shall name RAILROAD and affiliates as listed below as additional insured with respect to F.E.L.A. coverage, and/or if applicable under the laws of the State in which the work is performed. The policy as required in section 10(c) shall name Central Oregon Pacific Railroad and RailAmerica, Inc., as insured. RAILROAD requires that each Insurance Carrier providing coverage must be an Admitted Company in the State for which this Agreement is written and have an A.M. Best rating of “A” or better and a financial class rating of 10 or better.
CONTRACTOR OCCUPANCY/ACCESS AGREEMENT EXHIBIT “B”
Requirements for Contractors working on RAILROAD Right-of-Way: A. In order to protect RAILROAD’S investment in its right-of-way and for the safety of
persons coming onto RAILROAD property, RAILROAD has established certain requirements. The following constitute minimum requirements for all persons coming on or near RAILROAD right-of-way. CONTRACTOR is encouraged to develop their own safety rules that meet or exceed the following requirements. CONTRACTOR will not be allowed to occupy or work on RAILROAD right-of-way prior to signing and dating this Agreement and returning it to the RAILROAD contact person noted herein.
B. All permits and agreements must be in effect, required payments made and insurance certificates received and approved prior to CONTRACTOR entering RAILROAD right-of-way. Insurance must remain in effect during the entire project.
C. Any dewatering utilizing drains or ditches on RAILROAD property must be approved by RAILROAD.
D. CONTRACTOR must have approved “Construction Plans” prior to commencing work on a project. No changes will be made to “Construction Plans” without approval by all parties involved. Approved revised plans will be furnished to all parties prior to implementation of changes.
E. CONTRACTOR will incur all costs for track work, including flagging, etc., made necessary due to the WORK.
F. Pursuant to Federal Regulation, flagging protection is always required when equipment crosses or is working within 25 feet of center of any live track. When deemed necessary by Railroad, a flagman may be required at all times while working on RAILROAD right-of-way.
G. Crossing of any RAILROAD tracks must be done at approved locations and must be over full depth timbers, rubber, etc. Any equipment with steel wheels, lugs or tracks must not cross steel rails without aid of rubber tires or other approved protection.
H. If temporary construction crossings are necessary, they must be covered by a Private Roadway and Crossing Agreement, and must be barricaded when not in use. A Private Roadway and Crossing Agreement is prepared by RAILROAD under the same general terms as this Agreement.
I. CONTRACTOR must furnish details o how CONTRACTOR will perform work that may affect existing drainage and/or possible fouling of track ballast as well as removal of overhead bridges/structures. (Structures and bridge spans over tracks must be removed intact.)
J. Absolutely no piling of construction materials or any other material, including dirt, sand, etc., within 15 feet of center on any secondary track (25 feet of Main Line and siding tracks) or on property of RAILROAD not covered by an existing Construction Easement, permit lease or agreement. A 10’ clear area on both sides of a main track must remain unobstructed at all times to allow for stopped train inspection.
K. (a) All bore pits must be a minimum of 25 feet from the nearest outside rail of any track, measured at a 90 degree angle to said track and all undertrack bores shall be no less than six feet below the bottom of the ties. (b) No construction will be allowed within 15 feet of center of any track unless authorized by RAILROAD and as shown on plans approved by RAILROAD. This includes any excavation, slope encroachment and driving of sheet piles.
L. No vehicles or machines shall remain unattended within 15 feet of a secondary track or within 25 feet of a Main Line track.
M. Should CONTRACTOR in any way interfere with RAILROAD operations or damage property during construction operations over RAILROAD’S tracks and right-of-way, CONTRACTOR, upon demand by RAILROAD to CONTRACTOR and/or Client, shall immediately stop work on RAILROAD’S right-of-way for a period of not less than 48 hours to allow RAILROAD to investigate. Any necessary repairs shall be made by RAILROAD at CONTRACTOR’S sole cost and expense. No work will proceed until authorized by RAILROAD.
N. CONTRACTOR’S safety rules, including rules regarding personal Safety Equipment, must not conflict with RAILROAD safety policies or rules.
O. Articles included in any agreement with RAILROAD, which complement this document or exceed its contents, include CONTRACTOR OCCUPANCY/ACCESS AGREEMENT, Exhibit “C”.
CONTRACTOR’S ADKNOWLEDGEMENT: WORK SITE LOCATION Company_________________________ Address:_______________________ By:_____________________________ Town:_________________________ Title:____________________________ State:__________________________ Date:____________________________ Project No.:_____________________ RAILROAD CONTACT PERSON: Central Oregon Pacific Railroad RR Rep Contact Name RR Rep Title NAME TITLE RR Addy Line 2 RR Addy Line 1 RR Addy City State ZIP ADDRESS CITY, STATE, ZIP RR Phone RR Fax TELEPHONE NUMBER FAX NUMBER
CONTRACTOR OCCUPANCY/ACCESS AGREEMENT
EXHIBIT “C”
Statement of Condition when Flagmen, Protective Service and Devices or other appropriate personnel will be furnished by RAILROAD at sole expense of CONTRACTOR: A. RAILROAD flagmen will be required for, but not limited to, the following conditions:
1. When, in the sole opinion of RAILROAD, protection is necessary to safeguard RAILROAD’S trains, engines, facilities and property.
2. When work is performed, in any way, over, under, or in close proximity to tracks or any RAILROAD facilities.
3. When work in any way interferes with the operation of trains at usual speeds or threatens, damages, or endangers track or RAILROAD facilities.
4. When any hazard is presented RAILROAD communications, signal, electrical, or other facilities due to persons, material equipment, or blasting in the vicinity.
5. When and where material is being hauled across tracks. Provided, however, special clearance must be obtained from RAILROAD before moving heavy or cumbersome objects and equipment which might result in making the track impassable for any period of time.
B. Protective Services and Devices, Other Specialized Personnel shall be provided when, in the sole opinion of RAILROAD, such are necessary in addition to flagging.
COST OF FLAGGING AND OTHER PROTECTIVE SERVICES AND DEVICES
A. Flagging – effective January 1, 2002
1. Shall be billed a minimum of actual cost (please verify rates with the RAILROAD office) per day plus any expenses incurred for each flagman required, for each day, or for any portion thereof, for up to eight hours in one shift Monday through Friday, excepting holidays recognized by RAILROAD in its personnel policy manual.
2. Time worked in excess of eight hours in one shift Monday through Friday, or worked in any amount on Saturday, Sunday and on holidays recognized by RAILROAD in its personnel policy manual, shall be billed at the rate of actual cost (please verify rates with the RAILROAD office) per eight-hour day, per flagman required, for each day or portion thereof worked.
B. Communications Linemen, Signalmen, Protective Services and Devices
All service required shall be billed at RAILROAD’S contracted rate with service provider plus a 20 percent RAILROAD administrative fee.
CITY OF ASHLAND
SPECIAL PROVISIONS FOR PART 00100 - GENERAL REQUIREMENTS The requirements for contract work are contained in the “OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2002” and the "SUPPLEMENTAL OREGON STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2006" Oregon Department of Transportation/ Oregon Chapter APWA, hereinafter referred to as the “Standard Specifications”. All work performed under this Contract shall conform to the Standard Specifications supplemented and/or modified as follows:
SECTION 00110 – ORGANIZATION, CONVENTIONS, ABBREVIATIONS AND DEFINITIONS
Comply with Section 00110 of the Supplemental Specifications, supplemented and/or modified as follows: 00110.20 Definitions – Add the following definition: Construction Contracts Unit – The City of Ashland or their designee.
SECTION 00120 – BIDDING REQUIREMENTS AND PROCEDURES
Comply with Section 00120 of the Supplemental Specifications, supplemented and/or modified as follows: 00120.00 Prequalification of Bidders –Substitute the following: 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 days before the opening of bids. Prequalification applications are available at 51 Winburn Way, Ashland, OR 97520. 00120.05 Requests for Solicitation Documents – Substitute the following: Copies of the plans and specifications (Solicitation Documents) may be obtained at the City Engineering Office, located at 51 Winburn Way (mailing address: 20 E. Main St., Ashland, OR 97520). There is no charge for the plans and specifications. The agency 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.
Copies of the Standard Specifications may be ordered from the Contractor Plan Office, Room 28 Transportation Building, 355 Capitol St. NE, Salem, Oregon 97301-3871; phone (503) 986-3720. The Standard Specifications may also be downloaded from the ODOT’s web site:
http://www.oregon.gov/ODOT/HWY/SPECS/special_provisions.shtml 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: James H. Olson, P.L.S. Interim Public Works Director City of Ashland 51 Winburn Way Ashland, OR 97250 (541) 488-5587 Technical Questions to: Jeff R. Bernardo, P.E. OBEC Consulting Engineers 1335 Poplar Drive Medford, OR 97504 (541) 774-5590 00120.40 Preparation of Bid: Add the following to subsection (c): Complete all four Bid Schedules for this project. The project will be awarded to the lowest responsive Bidder for the bid schedules. Substitute the following subsection (e): (e) Bid Guarantee: Each proposal must be accompanied by a certified check or bid
bond in an amount equal to five percent (5%) of the total amount of the proposal as guarantee that if awarded the contract, the bidder will execute the contract and give bond as required. The successful bidder’s check or bid bond will be retained until the bidder has entered into a satisfactory contract and furnished the one hundred percent (100%) performance bond and the one hundred percent (100%) payment bond.
If a bid bond is submitted, bidders shall use the Agency’s standard Bid Bond form included with the Solicitation Documents. Acceptable Surety companies are limited to those authorized to do business in the State of Oregon.
Forfeiture of Bid guarantees is covered by 00130.60, and return of guarantees is covered by 00130.70.
00120.45 Submittal of Bids – Delete the third paragraph and substitute the following: Sealed proposals for performing the work will be received by the City Engineer, or her representative, at the Engineering Division Offices located at 51 Winburn Way, Ashland, Oregon until 1:30 PM on Thursday, April 10, 2008, at which time proposals will be publicly opened and read. A contract for the work will be awarded or bids may be rejected, separately or entirely, within thirty days after opening. 00120.60 Revision or Withdrawal of Bids – Replace the second bulleted item in the first paragraph with the following: • Changes are received by the City Engineer’s office before time of the bid opening,
listed above, on the day of the Bid Opening. Replace the third bulleted item in the second paragraph with the following: • The request is received by the City Engineer or her representative at the location
specified in the Notice and in subsection 00120.45 of these provisions, prior to the time listed for the Bid Opening.
SECTION 00130 – AWARD AND EXECUTION OF CONTRACT
Comply with Section 00130 of the Supplemental Specifications, supplemented and/or modified as follows: 00130.50 Execution of Contract and Bonds (a) By the Bidder – Substitute the following for the first paragraph: The successful Bidder shall deliver the required number of Contract Documents, with the properly executed Contract, Performance Bond, Payment Bond, certification of workers’ compensation coverage, and the required certificates of insurance to the City of Ashland within 10 Calendar Days after the date on which the Contract Documents are sent or otherwise conveyed to the Bidder under 00130.10. The Bidder shall return the originals of all documents received from the City and named in this Subsection, with original signatures. Certificates of insurance shall also be originals. No copies of these documents will be accepted by the City.
SECTION 00140 – SCOPE OF WORK
Comply with Section 00140 of the Supplemental Specifications, supplemented and/or modified as follows: 00140.70 Cost Reduction Proposals - Delete this subsection in its entirety.
SECTION 00150 – CONTROL OF WORK
Comply with Section 00150 of the Supplemental Specifications, supplemented and/or modified as follows: 00150.50 Cooperation with Utilities - Replace subsection (b) with the following: The Agency has not made arrangements for planned Adjustments of Utilities. There are no anticipated utility relocations identified in the plans. The anticipated location of the utilities are: Utility Owner Type of Utility Estimated Location
Avista Mike Smith 580 Business Park Dr. Medford, OR 97524 (541) 858-4728
4-inch gas line
Approx. 4.67' to 7.5' below existing ground
Sprint Mike Conely 2635 E. Main St. Cottage Grove, OR 97424 (541) 858-4728
Communication line
Approx. 5.5' below existing ground at crossing with storm sewer pipe
Qwest Jim Martin 132 W. 4th Street Medford, OR 97501 (541) 776-8268
6- conduits (4"),
Approx. 6' below existing ground
Qwest Fiber Optic Nathan Fry 130 W. Clark St. Medford, OR 97501 (541) 210-0650
Fiber optic line
Approx. 18' to 22'' below existing ground for 100' each side of RR tracks
Ashland Water Terry Oldfield 90 N. Mountain Ave. Ashland, OR 97520 (541) 488-5353
2-inch Lithia line, 6-inch water main
Approx. 4.5' below existing ground to Lithia line, Approx. 4.25' below existing ground to water main
Ashland Electric Scott Johnson 90 N. Mountain Ave. Ashland, OR 97520 (541) 488-5357
Overhead power lines
Overhead, not in conflict
Coordinate with Talent Utility District (TID) before performing work on the retaining wall or TID relocation shown. Contact Bo Bergren at 541-535-1529 at least one week before work begins on the new TID 8" PVC line, to coordinate utility relocation and reconnection. In the event that any utility conflicts arise, the Contractor shall meet with affected Utility Company representatives on a weekly basis or as requested to coordinate utility relocation efforts. The Contractor is advised that the requirements of Subsection 00150.50 (c), (d) and (e) still apply to work done under this Contract. 00150.75 Protection and Maintenance of Work During Construction – Add the following paragraph: The Contractor shall clean and/or maintain existing streets, buildings, sidewalks, and other adjacent private improvements that are outside the work limits of this 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’s track-out ordinance. 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 two years from the date of acceptance of the complete building or installation. The City 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.
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. 1. 2. 3. 4. 5.
Protection of the Biosphere. We will minimize and strive to eliminate the release of any pollutant that may cause environmental damage to air, water or earth or its inhabitants. We will safeguard habitats in creeks, ponds, wetlands, natural areas and will minimize contributing to global warming, depletion of the ozone layer, acid rain or smog. Sustainable Use of Natural Resources. We will make sustainable use of renewable natural resources, such as water, soils and forests. We will conserve nonrenewable natural resources through efficient use and careful planning. We will protect wildlife habitat, open spaces and wilderness, while preserving biodiversity. Reduction of Disposal of Waste. We will minimize the creation of waste, and wherever possible, recycle materials. We will dispose of all wastes through safe and responsible methods. Wise Use of Energy. We will make every effort to use environmentally safe and sustainable energy sources to meet our needs. We will invest in and promote energy efficiency and conservation in our operations and that of our citizens. Risk Reduction. We will minimize the environmental, health and 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.
6. 7. 8. 9. 10.
Safe Products and Service. We will provide services that minimize adverse environmental impacts and that are safe for consumers. We will inform consumers of the environmental impacts of our service. Damage Compensation. We will take responsibility for any harm we cause to the environment by making every effort to fully restore the environment and to compensate those persons who are adversely affected. Disclosure. We will disclose to our employees and to the public incidents relating to our operations that cause environmental harm or pose health or safety hazards. We will disclose potential environmental, health or safety hazards posed by our operations, and we will not take any action against employees who report any condition that creates a danger to the environment or poses health and safety hazards. Environmental Directors and Managers. At least one member of management will be a person qualified to represent environmental interests and will commit management resources to implement these Principles. Annual Assessment. We will conduct and make public an annual self-evaluation of our progress in implementing these Principles and in complying with all applicable laws and regulations.
SECTION 00160 SOURCE OF MATERIALS
Comply with Section 00160 of the Supplemental Specifications.
SECTION 00165 – QUALITY OF MATERIALS
Comply with Section 00165 of the Supplemental Specifications, supplemented and/or modified as follows: 00165.00 General – Add the following: References to ODOT specifications, test methods and reporting requirements shall apply to all materials and workmanship incorporated into this Project, unless otherwise excluded under the Section and/or subsection for that work item.
SECTION 00170 - LEGAL RELATIONS AND RESPONSIBILITIES
Comply with Section 00170 of the Supplemental Specifications, supplemented and/or modified as follows: Add the following Subsection: 00170.01(e) Railways The Contractor shall comply with the Contractor railway requirements and agreement that are in effect for this Project. A copy of the requirements and agreement are included in the Bid Booklet. When railway flagger services are required, the Agency will pay the flagger services costs up to a total of 40 hours. Each appearance by a railway flagger is charged as one 8-hour unit by the railroad. If this value is exceeded and additional flagging services are needed, the Contractor shall pay the Agency an amount of $45 per hour for each hour in excess of the total value identified above. Add the following Subsection: 00170.01(f) City of Ashland Noise Control – Comply with the City of Ashland’s Noise Control Ordinance. See Subsection 00290.30(d) for information about the City’s code. 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.
• The Contractor shall obtain a permit from the City of Ashland for any work outside of hours permitted by the City’s Noise Control Ordinance. See 00290.30(d) of the Standard Specifications and these provisions for other Contract Noise Control requirements.
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 $1,000,000 $2,000,000 Commercial Automobile Liability $1,000,000 (aggregate limit not required) 00170.85 (b) 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 provisions.
SECTION 00180 - PROSECUTION AND PROGRESS
Comply with Section 00180 of the Supplemental Specifications, supplemented and/or modified as follows: 00180.33 Metric Submittals – Delete this subsection and add the following: 00180.34 English Submittals – The Contractor shall use English units for all calculations and measurements, Working Drawings, Materials Certifications, delivery tickets, and other documents submitted in conjunction with performance of the Contract. 00180.40 Limitation of Operations – Add the following subsections: (c) The Contractor shall notify the City of Ashland and obtain their approval at least
48 hours prior to undertaking any work outside of normal working hours. Normal working hours for City Staff are 7:30 AM to 4:30 PM, Monday through Friday, excluding holidays.
(d) Limitation of Operations – Limitation of operations specified in these Special
Provisions include, but are not limited to the following: • Cooperation with Utilities 00150.50 • Noise Control 00170.01(f) and 00290.30(d) • Project Time Restraints 00180.40 • Final Completion Times 00180.50
00180.50 Contract Time To Complete Work - Modify 00180.50 and 00180.85 by including "Contract Times" and daily amounts of liquidated damages given in the following paragraphs (a) and (b): (a) Complete all work covered by Pay Items on Bid Schedule, for the work on East
Main Street Railroad Crossing, not later than June 30, 2008 or 60 Calendar Days from Notice To Proceed issue date.
(b) Under (a) and (b) above, the daily amount of liquidated damages will be $400.00
per Calendar Day.
SECTION 00195 – PAYMENT Comply with Section 00195 of the Supplemental Specifications.
SECTION 00196 – PAYMENT FOR EXTRA WORK
SECTION 00197 – PAYMENT FOR FORCE ACCOUNT WORK
SECTION 00199 –DISAGREEMENTS, PROTESTS AND CLAIMS
Delete Section 00199 of the Supplemental Specifications in their entirety and substitute the following: 00199.00 General – In any case where the Contractor deems extra compensation is due for work or materials not allowed by the Engineer, the Contractor shall in writing notify the Engineer of their intention to make claim for such compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost, then the Contractor agrees to waive the claim for extra compensation. Such notice by the Contractor and the fact that the Engineer has kept account of the cost, shall not in any way be construed as proving the validity of the claim. Not withstanding any other notices that are required, in the event Contractor discovers any subsurface, latent or other conditions at the site differing materially from those
indicated in the contract documents, the Contractor shall immediately notify the Engineer and not disturb them until the Engineer has reviewed such conditions.
PART II
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS FOR TECHNICAL SPECIFICATIONS SECTION 00210 - MOBILIZATION .....................................................................................49 SECTION 00220 - ACCOMMODATIONS FOR PUBLIC TRAFFIC.....................................49 SECTION 00225 - WORK ZONE TRAFFIC CONTROL......................................................50 SECTION 00280 - EROSION AND SEDIMENT CONTROL ...............................................55 SECTION 00290 - ENVIRONMENTAL PROTECTION .......................................................55 SECTION 00310 - REMOVAL OF STRUCTURES AND OBSTRUCTIONS .......................58 SECTION 00330 - EARTHWORK .......................................................................................58 SECTION 00331 - SUBGRADE STABILIZATION...............................................................60 SECTION 00350 - GEOSYNTHETIC INSTALLATION........................................................60 SECTION 00405 - TRENCH EXCAVATION, BEDDING AND BACKFILL...........................61 SECTION 00440 - COMMERCIAL GRADE CONCRETE ...................................................61 SECTION 00442 - CONTROLLED LOW STRENGTH MATERIALS...................................61 SECTION 00445 - SANITARY, STORM, CULVERT, SIPHON AND IRRIGATION
PIPE...........................................................................................................61 SECTION 00470 - MANHOLES, CATCH BASINS AND INLETS........................................62 SECTION 00490 - WORK ON EXISTING SEWERS AND STRUCTURES.........................62 SECTION 00495 - TRENCH RESURFACING.....................................................................63 SECTION 00587 - BRIDGE RAILS......................................................................................64 SECTION 00596 - RETAINING WALLS ..............................................................................64 SECTION 00640 - AGGREGATE BASE AND SHOULDERS .............................................68 SECTION 00730 - ASPHALT TACK COAT.........................................................................69 SECTION 00744 - HOT MIXED ASPHALT CONCRETE (HMAC) PAVEMENT .................69 SECTION 00749 - MISCELLANEOUS ASPHALT CONCRETE STRUCTURES ................72 SECTION 00759 - MISCELLANEOUS PORTLAND CEMENT CONCRETE
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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 supplemented and/or modified as follows: 00220.02 Public Safety and Convenience - Add the following bullets to the end of this subsection:
• When construction requires the closure of a sidewalk or sidewalk ramp, place a "SIDEWALK CLOSED" (R9-9-12) sign and a "SIDEWALK CLOSED CROSS HERE" (R9-11a-12) sign, as shown on Standard Drawing TM780. Mount each sign using one of the following methods:
• Between the panels of the Type II barricade or, • On a single-post TSS according to Standard Drawing TM775 with the TSS
placed behind a Type II barricade
Close the sidewalk at a point where there is an alternate way to proceed or provide an alternate pedestrian route. Pave the alternate pedestrian route surface or provide an approved, non-slip 910 mm (36 inch) minimum wide surface meeting the requirements of the Americans with Disabilities Act (ADA). If appropriate, delineate this route and protect pedestrians by placing pedestrian work zone delineation fencing. Fencing is to remain in place, except as required for actual work, until the sidewalk is reopened to pedestrian traffic. Reopen the sidewalk during non-work hours or continue to provide an alternate route for pedestrians. As a minimum, provide alternate pedestrian routes that match existing facilities and provide additional TCM to meet the accessibility requirements in Part VI of the 2003 MUTCD.
• When construction requires the closure of a sidewalk, notify, in writing, the City of
Ashland Public Works Department at least 14 days in advance of the closure. Do not close the sidewalk until the City (County) provides written approval. After approval, provide 48 hour public notification prior to closing the sidewalk.
• Obtain permission from the City of Ashland before closing any city street. No city
street closure will be permitted until the Engineer approves it and the area is signed according to Section 00225.
• Notify the Engineer, in writing, all affected emergency services, school districts, and
US Postal Service at least 14 days in advance of the street closure. Add the following subsection(s):
East Main St RR Crossing, Final March 3, 2008 49
East Main Street RR Crossing Grading, Drainage, Paving & Signing
00220.40(e) Lane Restrictions – Maintain two-way traffic on California Street and Fordyce Street. Maintain at least one traffic lane on East Main Street, Monday through Friday, between:
7:00 a.m. - 7:00 p.m. Maintain two-way traffic on East Main Street at all other times. Roadways shall be free of barricades or other objects and all lanes opened to traffic during all the restrictive periods listed above. 00220.40(f) 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, $500 per 15 minutes, 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 - Add the following bulleted item to the end of this subsection:
• Keep the surface being used by bicycles and pedestrians free of all dirt, mud, gravel and other harmful materials. The surface includes bike paths, bike lanes, roadway shoulders or the outside 1.8 m (6 feet) of the roadway.
SECTION 00225 - WORK ZONE TRAFFIC CONTROL Comply with Section 00225 of the Standard Specifications supplemented and/or modified as follows: 00225.01(c) Standards - Replace the paragraph that begins "Do not use the...", with the following paragraph: Do not use the Oregon Department of Transportation's "Short Term Traffic Control Handbook". Do not use the "Traffic Control on State Highways for Short Term Work Zones" or the "Oregon Temporary Traffic Control Handbook for Operations of 3 Days or Less" except when directed by the Engineer for mobile pavement marking operations or surveying work.
00225.02 General Requirements - Add the following after the last paragraph of this subsection: Protect traffic by using the appropriate configurations as detailed on Standard Drawings TM700 and TM705. When extended traffic queues develop during flagging operations, protect traffic by providing advance flagger(s) and signing according to the "Extended Traffic Queues Detail" shown on Standard Drawing TM710. The advance flagger is required when the sight distance for oncoming traffic to the end of the queue is less than 205 m (675 feet) or when traffic queues extend beyond the initial work area warning signs. Monitor the length of traffic queues and install an additional set of advance flagger signs if traffic queues extend beyond the first set of advance flagger signs. Advance flagger signs include the "BE PREPARED TO STOP" (W3-4-48) and the Flagger Symbol (CW23-2-48) signs. Relocate the initial advance warning sign so it is the first sign visible to incoming traffic. 00225.03 Traffic Control Outside Contract Limits - Replace this subsection with the following subsection: 00225.03 Traffic Control Outside Project Site - Provide TCM outside the Project Site when required. 00225.05 Contractor's Traffic Control Plan - Replace the paragraph that begins "TCP revisions will be…", with the following: TCP revisions will be subject to a Contract change order. 00225.11 Temporary Signing - Replace the sentence that begins "Use new temporary signs..." with the following sentence: Use 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(a-2) Type - Replace the sentence that begins "Use Type "OO" signs..." with the following sentence: Use Type "O4" signs, unless otherwise indicated in this Section or in the TCP. Add the following bullet to the end of the bulleted list:
• Extruded aluminum panels 00225.11(a-4) Reflective Sheeting - Replace this subsection with the following subsection:
00225.11(a-4) Retroreflective Sheeting (Prismatic Lens) - Use ASTM D 4956 Type VII, Type VIII, Type IX, or Type X fluorescent orange sheeting from the QPL on all work zone signs unless otherwise indicated in this Section or in the TCP. 00225.11(a-5) Roll-up Signs - Replace the sentence with the following sentence: Use roll-up signs with fluorescent orange roll-up sign sheeting from the QPL. Add the following subsection: 00225.11(a-6) Light-Weight Sign Substrate - Use light-weight sign substrates from the QPL. 00225.11(b-1) Wood Sign Posts - Replace this subsection with the following subsection:
(1) Wood Sign Posts - Provide wood