ROGER TILBURY MEMORIAL PARK - PlanWell - … SET PROJECT MANUAL TUALATIN HILLS PARK AND RECREATION...

ROGER TILBURY MEMORIAL PARK

Bid Set April 14, 2014

OWNER:

Tualatin Hills Park & Recreation District

CONSULTANT:

GreenWorks, P.C.

BID SET PROJECT MANUAL

TUALATIN HILLS PARK AND RECREATION DISTRICT

Roger Tilbury Memorial Park 965 NW 93rd Avenue

Portland, Oregon 97229

April 14, 2014 Project # THPRD 905

Owner’s Representative Tualatin Hills Park & Recreation District Fanno Creek Service Center 6220 SW 112th Avenue, Suite 100 Beaverton, OR 97008 Tim Bonnin, PLA LEED AP, Project Manager Planning and Development [email protected] P 503.629.6305 X 2737 F 503.629.6307 Owners Construction Representative Tualatin Hills Park & Recreation District Fanno Creek Service Center 6220 SW 112th Avenue, Suite 100 Beaverton, OR 97008 P 503.629.6305 X 2737 Tim Bonnin Landscape Architect GreenWorks, P.C. 24 NW 2nd Avenue, Suite 100 Portland, OR 97209 P 503.222.5612 Ben Johnson, PLA Survey/Civil Engineer Ron Bush 16151 SE Bluff Road Sandy, OR 97055 P 503.684.9097 Ron Bush, PE

Geotechnical Engineer Hart Crowser, Inc. 8910 SW Gemini Drive Beaverton, OR 97008 P 503.620.7284 Greg Landau, PE, GE Structural Engineer KPFF 111 SW 5th Avenue, Suite 2500 Portland, OR 97204 P 503.227.3251 Stephen Whittington, PE Environmental Engineer Pacific Habitat Services 9450 SW Commerce Circle Wilsonville, OR 97070 P 503.570.0800 Amy Hawkins

TUALATIN HILLS PARK AND RECREATION DISTRICT Table Of Contents Rev. 12/11 00 01 10 - 1

SECTION 00 01 10

TABLE OF CONTENTS

DIVISION 00: PROCUREMENT AND CONTRACTING REQUIREMENTS Section 00 01 01 Project Title Page Section 00 01 10 Table of Contents Section 00 11 13 Advertisement for Bid Section 00 21 13 Instructions to Bidders Section 00 25 13 Pre-Bid Meeting Section 00 41 13 Bid Proposal Form Section 00 42 00 Bidder Qualification Forms 00 42 00a Document – Contractor’s Qualification Form 00 42 00b Document - Non-Collusion Affidavit 00 42 00c Document - First Tier Subcontractor Disclosure Form 00 42 00d Document – Resident/Non-Resident Bidder Status Form 00 42 00e Document - Bid Bond 00 42 00f Document - Performance Bond 00 42 00g Document - Payment Bond Section 00 50 00 Contracting Forms and Supplements Section 00 52 00 Contract Agreement Section 00 72 00 General Conditions Section 00 73 00 Supplemental Conditions Section 00 73 43 Prevailing Wage Rates (Oregon BOLI)

DIVISION 01: GENERAL REQUIREMENTS Section 01 10 00 Summary of Work Section 01 20 00 Price and Payment Procedures Section 01 23 00 Alternates Section 01 30 00 Administrative Requirements Section 01 32 16 Construction Progress Schedule Section 01 40 00 Quality Requirements Section 01 42 16 Definitions and Reference Standards Section 01 50 00 Temporary Facilities, Controls and Safety Plan 01 50 00a Site Safety Plan 01 50 00b Safety Plan Forms Section 01 53 39 Temporary Tree and Plant Protection Section 01 55 00 Vehicular Access and Parking Section 01 57 13 Temporary Erosion and Sediment Control Section 01 60 00 Product Requirements 01 60 00a Product Substitution Form Section 01 70 00 Execution and Closeout Requirements Section 01 74 19 Construction Waste Management and Disposal Section 01 78 00 Closeout Submittals

DIVISION 03 – CONCRETE Section 03 30 00 Cast-In-Place Concrete Section 03 37 13 Shotcrete

TUALATIN HILLS PARK AND RECREATION DISTRICT Table Of Contents Rev. 12/11 00 01 10 - 2

DIVISION 05 - METALS

Section 05 52 13 Pipe and Tube Railings

DIVISION 6 – WOOD, PLASTICS, AND COMPOSITES Section 06 10 63 Exterior Rough Carpentry

DIVISION 11 - EQUIPMENT Section 11 68 00 Playground Equipment and Structures

DIVISION 12 - FURNISHINGS Section 12 93 00 Site Furnishings

DIVISION 31 - EARTHWORK Section 31 10 00 Site Clearing Section 31 20 00 Earth Moving Section 31 25 13 Erosion Control

DIVISION 32 - EXTERIOR IMPROVEMENTS Section 32 12 00 Crushed Rock Trail Section 32 12 16 Asphalt Paving

Section 32 13 13 Concrete Paving Section 32 13 73 Concrete Paving Joint Sealants Section 32 18 16.13 Playground Protective Surfacing Section 32 90 10 Rock and Stone Work Section 32 91 13 Soil Preparation Section 32 92 00 Turf and Grasses Section 32 93 00 Plants Section 32 93 10 Landscape Maintenance

DIVISION 33 - UTILITIES Section 33 46 00 Subdrainage

APPENDIX Appendix A-1 Geotechnical Report

END OF DOCUMENT

TUALATIN HILLS PARK & RECREATION DISTRICT Advertisement for Bid

Rev. 03/12 00 11 13 - 1

SECTION 00 11 13

ADVERTISEMENT FOR BID

TUALATIN HILLS PARK AND RECREATION DISTRICT WASHINGTON COUNTY, OREGON

1.1 Notice is hereby given that the Tualatin Hills Park and Recreation District is requesting

sealed bids in writing from qualified contractors for Roger Tilbury Memorial Park. Bids must be received per the schedule below at the new Fanno Creek Service Center (FCSC) of the Tualatin Hills Park and Recreation District, 6220 SW 112th Avenue, Suite 100, Beaverton, Oregon 97008. Bids will be opened at 2:05 pm at the Administrative Office and publicly read aloud. Any interested parties may attend. Bids received after the Bid Closing Time will be returned unopened. Cost of the work is estimated at $511,000.00

1.2 BIDDING DOCUMENTS

A. Bid documents may be obtained by direct purchase from ARC (formerly Ford Graphics). Documents can be reviewed on the Internet at the ARC-Oregon Plan Well Center at http://www.e-arc.com/locations/overview/arc-oregon or call (503) 227-3424. Sets on deposit are not available but downloads are free of charge.

B. Bidding General Contractors who attended the pre-bid meeting will be added to the Plan Holders list and receive any addenda that are issued. The cost of printing and distributing the addenda will be borne by Tualatin Hills Park and Recreation District.

C. The name and title of the person designated to receive bids is: Tim Bonnin, Bond Project Manager, Tualatin Hills Park and Recreation District.

1.3 STATE PROVISIONS FOR PREVAILING WAGES

A. No bid will be considered unless it contains a statement made by the bidder, as part of it’s bid, that the provisions required by ORS 279C.840 (Workmen on Public Works to be Paid not Less than Prevailing Rate of Wage) and 40 U.S.C.276A will be complied with by the successful bidder and all subcontractors.

1.4 BIDDERS REGISTRATION

A. No bid or proposal for a construction contract shall be received or considered by the agency unless the bidder is registered with the Construction Contractors Board, as required by ORS 701.035 et. Seq., has representation at the Pre-bid meeting, obtained a full set of plans (print or electronic download) and is on the plan holder list at ARC-Oregon Plan Well Center. After downloading documents bidders shall confirm they are on the plan holders list with Arc-Oregon’s Document Control.

1.5 BID SECURITY

A. No bid will be considered unless accompanied by bid security in the form of a certified check, bank cashier’s check, or surety bond executed by a State licensed surety company, payable to the Tualatin Hills Park and Recreation District in an amount equal to ten percent of the Base Bid. No interest will be paid on bid security. Return or

http://www.e-arc.com/locations/overview/arc-oregon


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retention of the bid bond shall be subject to the provisions of ORS 279C.385.

1.6 REJECTION OF BIDS

A. The District reserves the right to reject all bids upon finding that it is in the public interest.

B. The District may also waive formalities or irregularities and may add or delete any items from the bid proposal and the bid may be rejected for not complying with all prescribed public bidding procedures and requirements.

C. No bidder may withdraw his bid after the hour set for the opening and before award of the contract, unless award is delayed beyond sixty (60) calendar days from the bid opening date.

1.7 RESIDENT BIDDER

A. Each bid must contain a statement as to whether the bidder is a resident bidder as defined in ORS 279A.120. Use attached form 00 42 00d.

1.8 PRE-BID CONFERENCE

A. A mandatory Pre-Bid Conference shall be held per the schedule below at the Fanno Creek Service Center (FCSC) of the Tualatin Hills Park and Recreation District, 6220

SW 112th Avenue, Suite 100, Beaverton, Oregon 97008. All bidding principal

contractors are required to attend. Any other interested parties are invited to attend.

1.9 SCHEDULE

A. Submit a Bid Construction Schedule per section 01-32-16, as part of the bid qualifications. See Section 00 41 13, Bid Proposal Form.

B. See additional schedule details and milestones in Section 01 32-16 – Construction Progress Schedule.

Invitation to Bidders - Ad in DJC April 14, 2014

Mandatory Pre-Bid Conference April 23, 2014 at 1:00 pm

Sealed Bids Due and Bid Closing Time May 8, 2014 at 2:00 pm

Bid Opening May 8, 2014 at 2:05 pm

Final Bid Review / Memo to Board May 26, 2014

THPRD Board Meeting to approve Notice of Intent to Award

June 2, 2014

Notice of Intent to Award – Start contracts

June 3, 2014

Notice to Proceed (approx) June 16, 2014

Preconstruction Site Meeting (approx) June 19, 2014, time TBD

Preconstruction Conference with City June 19, 2014, time TBD

Site Mobilization (approx). June 23, 2014

Desired Project Duration- Notice to 5 months


Rev. 03/12 00 11 13 - 3

Proceed to Substantial Completion.

END OF DOCUMENT

TUALATIN HILLS PARK & RECREATION DISTRICT Instructions to Bidder

Rev. 6/12 00 21 13-1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS PART 1 GENERAL 1.1 SUMMARY

A. This construction will be carried out under one General Construction Agreement covering the construction work on this project. These Instructions To Bidders amend or supplement any other provisions of the Bidding and Contract Documents. This agreement includes all labor, materials, transportation, equipment and services necessary for and reasonably incidental to the completion of all work in connection with the project described in this Project Manual and all accompanying Drawings.

1.2 RELATED DOCUMENTS

A. Document 00 41 13 – Bid Proposal Form. B. Document 00 42 00 – Supplements to Bid Proposal Form:

1. 00 42 00a Contractor’s Qualification Form 2. 00 42 00b Non-Collusion Affidavit 3. 00 42 00c First Tier Subcontractor Disclosure Form 4. 00 42 00d Resident/Non-Resident Bidder Status Form 5. 00 42 00e Bid Bond 6. 00 42 00f Performance Bond 7. 00 42 00g Payment Bond

C. Document 00 52 00 – Contract Agreement. D. Document 00 72 00 – General Conditions. E. Document 00 73 00 – Supplementary Conditions.

1.3 DEFINITIONS

A. Bidding Documents include the Instruction to Bidders, the Bid Form and the Contract Documents, including any Addenda issued prior to receipt of Bids. Addenda are written or graphic instruments issued prior to the Bid Date, which modify or interpret the Bidding Documents, including Drawings and Project Manual, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Construction Contract is executed.

B. Architect or Engineer – The person, firm, or corporation that prepared the

drawings and specifications, or acts as a consultant to the Owner during the project, whether it be an architect or engineer.

C. Bidder – One who submits a Bid directly to Owner, as Distinct from sub-bidder, who

submits a price or quote to a Bidder.


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D. Successful Bidder – Lowest, responsible and responsive Bidder to whom Owner (on

the basis of Owner’s evaluation as hereinafter provided) makes an award. 1.4 DESCRIPTION OF BID ITEMS

A. Refer to Section 01 10 00 – Summary of Work.

1.5 QUALIFICATION OF BIDDERS

A. To demonstrate qualifications to perform the WORK, Bidders must submit with the bid documents, evidence such as financial data, previous experience, present commitments and other such data as called for in the Bidder Qualification Forms – 00 42 00.

B. Each Bid must contain evidence of Bidder’s qualification to do business in the State

of Oregon.

C. Bidders shall be qualified in conformance with ORS 279C.375.

D. Nothing indicated herein will prejudice Owner’s right to seek additional pertinent information as is provided in paragraph 1.17 – Evaluation of Bids of this Section.

E. Bidders and every subcontractor performing Work on the project must have filed with

the Construction Contractors Board a public works bond in the amount of $30,000 with a corporate surety authorized to do business in the State of Oregon before starting work on the project unless exempt under ORS 279C.836(7) or (8).

1.6 LICENSING REQUIRMENTS

A. A person, partnership, corporation, or joint venture shall have a current, valid license issued by the Oregon Construction Contractors Board, as required by ORS 701.055, prior to submitting a Bid to do WORK as a contractor or subcontractor.

1.7 SUBCONTRACTORS, SUPPLIERS, AND OTHERS

A. ORS 279C.370 requires bidders for Public Improvement Projects exceeding $100,000 to submit a disclosure form identifying first-tier Subcontractors that will furnish labor or labor and materials equal to 5 percent of the total Contract Price, but at least $15,000; or $350,000, regardless of percentage of the total Contract Price. If no Subcontractors are subject to disclosure requirements, “NONE” shall be indicated on the form to be provided. Subcontractor disclosure not submitted with Bid shall be submitted within two working hours of Bid Closing. If Bidder fails to submit disclosure form with information required and by the stated deadline, the Bid will be rejected.

B. The definition of Subcontractor does not include Suppliers who provide material only.

1.8 WAGE RATES


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A. The WORK under these Bidding Documents is to be paid for by public funds; therefore In accordance with ORS 279C.840, the minimum prevailing wage rates published by the State Department of Labor are included as Section 00 73 43 – BOLI Prevailing Wage Rates.

B. Oregon statues require that all Bids for public work, including those public work

projects financed by federal funds and subject to the Davis Bacon Act, shall include a statement by the Bidder that ORS 279C845 or 40 U.S.C. 276a will be complied with. The Bid Form in the Bidding Documents contains a statement of Bidder’s declaration of compliance with ORS 279C.845 or 40 U.S.C. 276a, therefore the Bidders signing of the Bid From constitutes compliance with this Oregon Statue.

C. The Owner will pay all Boli fees pursuant to ORS 279C.835,

1.9 HOURS OF LABOR

A. Section 279C.520 and 540, Oregon Revised Statutes, provides that in all cases where labor is employed by State, County, School District, Municipality, Municipal Corporation or subdivision, through a Contractor, no person shall be required or permitted to labor more than ten (10) hours in any one day, nor more than 40 hours in any one week, except in the case of necessity, emergency or where public policy absolutely requires it, in which event the person or persons so employed for excessive hours shall receive at least one and one-half pay for all over time 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 for all overtime in excess of 10 hours in any one day or 40 hours in a week when the work week is four consecutive days, Monday through Friday; and all work performed on Saturdays and legal holidays specified in ORS 279C.540.

1.10 COMPLIANCE WITH LAWS

A. In addition to specific statutory provisions cited, the contractor shall comply with all other applicable requirements of Chapter 279, Oregon Revised Statutes.

1.11 BIDDER’S REPRESENTATION

A. Each bidder, by making his bid, represents that he has read and understands the

bidding documents, and has familiarized himself with the locale, site and conditions under which his work is to be performed. The signing of this bid by the contractor is an acceptance of the conditions at the site of the work upon which his is bidding, and the contractor will be held responsible for the completion of all the necessary work in accordance with the Drawings and Specifications.

B. Complete sets of bidding documents shall be used in preparing bids. The owner

does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents.

1.12 INTERPRETATION OF CONTRACT DOCUMENTS

A. If any person contemplating the submission of a bid for the proposed construction, finds discrepancies in, or omissions from, or is in doubt as to the true meaning of any


Rev. 6/12 00 21 13-4

part of the Drawings and Specifications, or forms of contact documents, he shall make a written request for an interpretation thereof, at least seven (7) calendar days previous to the date on which bids are to be opened. The Owner or project architect/engineer will issue any interpretation or correction as an addendum. Only a written interpretation or correction by addendum shall be binding.

1.13 APPROVAL OF MATERIALS

A. Each bidder represents that his bid is based upon the materials, services and equipment described in the bidding documents. No substitution will be considered unless written request is submitted to the owner for review within fifteen (15) calendar days prior to bid date. Substitutions will only be accepted from a General contractor. Other substitution requests will not be reviewed or answered.

1.14 SUBSTITUTION REQUESTS

A. Substitution Requests may be submitted for Architects Review. Requests shall be submitted seven (7) days prior to the Bid Date. Such requests shall include the name of the material or equipment for which it is to substitute and a complete description of the proposed substitution including, drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment, assemblies or other portions of the Work including changes in the work of other contracts that incorporation of the proposed substitution would require should be included. The burden of proof of the merit of the proposed substitution is upon the proposer. Evaluation criteria including but are not limited to: materials, size, configuration, texture, finish and color. The Architect’s decision of approval or disapproval of the proposed substitution shall be final. See Section 01 60 00 - Product Requirements.

B. Substitution requests must be submitted from a bidding General Contractor.

1.15 SUBMISSION OF BID

A. All bids must be prepared on the Bid Proposal Form provided in this Project Manual and submitted in accordance with the Instruction to Bidders. A bid is invalid if it has not been deposited at the designated location prior to the time and date for receipt of Bids indicated in this manual, or prior to any extensions thereof issued to the Bidders.

B. Unless otherwise provided in any supplement to these Instructions to Bidders, no

Bidder shall modify, withdraw, or cancel a Bid or any part thereof for sixty (60) days after the time designated for the receipt of the Bids in this manual. Prior to receipt of Bids, Addenda will be mailed or delivered to each Plan holder. Enclose the Bid Form with attachments in a sealed envelope with the following address and identification on the face:

Roger Tilbury Memorial Park Fanno Creek Service Center Tualatin Hills Park & Recreation District


Rev. 6/12 00 21 13-5

6220 SW 112th Avenue, Suite 100 Beaverton, Oregon 97008

Name of Bidder

Bid For: Roger Tilbury Memorial Park 1.16 BID SECURITY, BONDS, AND INSURANCE

A. Each bid shall be accompanied by a Surety bond, Cashier’s Check or Certified Check in an amount equal to ten percent (10%) of the total Bid amount. Said check or bond shall be made payable to Tualatin Hills Park and Recreation District and shall be given as a guarantee that the Bidder, if awarded the WORK, will enter into an Agreement with the Owner, and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond; each of said bonds to be in the amount stated in the General Conditions.

B. The Owner reserves the right to hold the Bid Security of the two lowest responsible

Bidders until a Contract is signed, or for 60 calendar days, whichever is less. All other Bid Security will be returned as soon as practical. Any bidder refusing to enter into a Contract and to furnish specified Bonds within five calendar days after notification that their bid has been accepted, shall forfeit the Security to the Owner as liquidated damage, but not as a penalty. Bids rejected by the Bid Irregularity Guidelines as stated in this Section shall not cause forfeiture of the Bid Security by the Bidder.

1.17 EVALUATION OF BIDS

A. Owner will evaluate Bids to determine which responsible Bidder has made the lowest

responsive Bid. Owner will make this evaluation in accordance with the Bidding Documents and applicable law. Owner may reject a Bid when it is in the public interest to do so, or when Owner finds the Bidder is not responsible, as that term is used in any applicable Owner’s Purchasing Rules and ORS 279C.375. Owner may also reject Bids for Bidders declared ineligible under ORS 279C.860, or from Bidders listed as not qualified by the State of Oregon Contractors Board, from Bidders that have not met the requirements of ORS 279A.105 or for other circumstances that indicate acceptance of the Bid may impair the integrity of the selection process.

B. Owner reserves its right to reject any or all Bids, including without limitation the rights

to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids, and to reject the Bid or any Bidder if Owner believes that it would not be in the public interest to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner reserves the right to reject all bids and rebid the Project if in the public interest in accordance with ORS 279C.395. Owner also reserves the right to waive all informalities not involving price, time, or otherwise provided in the Bidding Documents.


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C. The owner reserves the right to reject any or all bids as permitted by the Oregon

Revised Statute or Administrative Rule and to consider the competency and responsibility of the Bidders and of their proposed subcontractors in making the award.

D. In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not

the Bids comply with the prescribed requirements, and such alternatives, unit process, and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner shall have the rights to accept alternatives in any order or combination, unless otherwise provided in the Bidding Documents.

E. Owner may conduct such investigations as Owner deems necessary to assist in Bid

evaluation and to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other person and organizations to execute WORK in accordance with the Bidding Documents to Owner’s satisfaction within the prescribed time.

F. If, at the time this Contract is to be awarded, the total of the lowest acceptable Bid

exceeds the funds then estimated by the Owner as available, the Owner may reject all Bids or take such other action as best serves the Owner’s interests.

G. In the event of failure of the Successful Bidder to sign the Agreement and provide

acceptable Performance and Payment Bond(s), insurance certificate(s), and other required documents, the Owner may award the Contract to the next lowest responsive, responsible bidder.

1.18 FORM OF AGREEMENT

A. THPRD’s Public Improvement Contract Document 00 52 13 will be used.

B. The Contract shall contain a provision that the Contractor shall pay and perform according to the conditions required by ORS 279C.505, 279C.515, 279C.520, and 279C.830.

1.19 PROHIBITIONS OF ALTERATIONS (BID FORM)

A. Except as otherwise provided herein, Bids that are incomplete or are conditioned in any way, contain erasures, alterations, or items not called for in the Bid or are not in conformity with the law, may be rejected by the Owner as informal. The Bid Form invites Bids on definite Drawings and Project manual. Only the amounts and information asked for in the Bid form will be considered as the Bid. Each Bidder shall Bid upon the Work exactly as specified and as provided in the Bid Form.

1.20 SCHEDULE OF VALUES

A. Upon request by the Owner or Architect, the selected Bidder shall, within seven (7) days thereafter submit to the Architect a Schedule of Values of various parts of the work, including quantities and the amount aggregating the total sum of the Contract. With each application for payment, the contractor shall furnish a detailed statement comprising various items, which represent the total amount of work completed to the


Rev. 6/12 00 21 13-7

date upon which application for payment is made. No application for payment will be considered unless accompanied by such a statement.

1.21 BID IRREGULARITY GUIDELINES

A. Guidelines for handling Bid Irregularities developed and agreed upon by the Oregon AIA-AGC Joint Cooperative Committee.

B. Substantial Bid Irregularities Requiring Rejection of Bid:

1. Bids not submitted on specified form, or altered in form by bidder. 2. Unsigned Bids. 3. Bids by non-qualified entities where qualification was required. 4. Condition of a Bid or bid item contrary to the specified requirements of bid items

or Bidding Documents. 5. Bids which have items omitted by the bidder. An unresponsive bid on a

deductive alternate will disqualify a bid. 6. Post bid monetary modification of bids due to provable mistakes in fact. 7. Post bid refusal to submit to specified bidding requirements such as Wages,

Non-Collusion, or Subcontractor Listing. 8. Altering a bid as to specified time of commencement or completion of work. 9. Bids not received prior to specified deadline.

1.22 EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT

A. By submitting this Bid, the Bidder certifies conformance with the applicable Federal Acts, Executive Orders, and Oregon Statutes and Regulations concerning Affirmative Action toward equal employment opportunities. All information and reports required by the Federal or Oregon governments having responsibility for the enforcement of such laws shall be supplied to the Owner upon request, for purposes of investigation to ascertain compliance with such acts, regulations and orders.

1.23 SCHEDULE

A. As shown in Advertisement for Bid Section 00 11 13. 1.24 SITE EXAMINATION

A. Examine the project site before submitting a bid.

B. The project site is open for examination by bidders.

END OF INSTRUCTIONS TO BIDDERS

TUALATIN HILLS PARK & RECREATION DISTRICT Pre-Bid Conference

Rev. 05/11 00 25 13 - 1

SECTION 00 25 13

PRE-BID CONFERENCE PART 1 GENERAL 1.1 CONFERENCE SCHEDULE AND ATTENDANCE A. Conference Date & time: See Schedule in Advertisement for Bid C. Conference Location: Fanno Creek Service Center, 6220 SW 112th Avenue,

Suite 100, Beaverton, Oregon 97008

D. Attendance: Mandatory for Bidding General Contractors, any interested party may attend. Major subcontractors are encouraged to attend.

1.2 ADMINISTRATION OF PRE-BID CONFERENCE A. Owner’s Representative will make physical arrangements for and preside at the

pre-bid conference. B. Owner’s Representative will record items discussed and decisions made at the

pre-bid conference.

C. Owner’s Representative will distribute copies of pre-bid conference decisions to bidders in Addenda form.

D. Owner’s Representative will record attendance of all parities. To bid on the

project general contractors must be listed on the attendance form. Attendance record will be issued in Addendum.

1.3 AGENDA

A. Review Project Scope of Work. B. Review Bid Alternates.

C. Review Bid Requirements. D. Review Construction Restrictions on Property. E. Review Construction Schedule. F. Question and Answer from Bidders.

END OF DOCUMENT

TUALATIN HILLS PARK & RECREATION DISTRICT Bid Proposal Form

Rev. 03/12 00 41 13 - 1

SECTION 00 41 13

BID PROPOSAL FORM

for

Roger Tilbury Memorial Park

To: Tualatin Hills Park and Recreation District Project: Roger Tilbury Memorial Park Submitted by: (full name) 1.1 BIDDER AGREEMENT

A. The Undersigned has: 1. Reviewed the Construction Documents prepared by GreenWorks, P.C. 2. Reviewed Addenda Number(s)

inclusive. 3. Examined the site and conditions affecting the Work.

B. The Undersigned Agrees:

1. To hold this bid open for sixty (60) days subject to provisions in Section 00 21 13 – Instruction to Bidders.

2. Owner may reject Bid Forms not indicating that Addenda were received prior to Bid Date.

3. That this Bid has been arrived at by the Bidder independently and has been submitted without collusion designed to limit independent bidding and competition.

C. If Awarded a contract, the Undersigned Agrees:

1. To enter into and execute a Contract on the basis of this Bid. 2. To deliver to the Owner a formal written Agreement subject to the provisions in

Section 00 21 13 – Instructions to Bidders. 3. To complete the Work in accordance with the Contract Documents for the

amount set forth in this Bid Form. 4. To commence the work no later than seven days after receipt of Notice to

Proceed or as agreed upon by the Owner. 5. To comply with Oregon Revised Statutes, ORS 279C.830 and to pay workers not

less than Prevailing Wage Rates as published by the Oregon Bureau of Labor and Industries.

6. That the Contract shall contain a provision that the contractor shall pay and perform according to the conditions required by ORS 279C.380, 279C.515, 279C.520, and 279C.530.

7. A corporate surety bond for $____________________________ will be furnished by Surety Company.


Rev. 03/12 00 41 13 - 2

1.2 BID AMOUNTS

A. Total Stipulated Lump Sum: $__________________________________________ dollars.

B. Deduct Alternate Bid # 1 - Interpretive Nook (See 1/L3.1): $ Decreases contract price. C. Deduct Alternate Bid # 2 – Bobcat Den (See 3/L3.0): $ Decreases contract price. D. Deduct Alternate Bid # 3 – Log Fort (See 1/L3.0): $ Decreases contract price. E. Deduct Alternate Bid # 4 – Embankment Slide (See 2/L3.0): $ Decreases contract price. F. Number of calendar days to complete construction: ____________ days.

1.3 SCHEDULE OF PRICES/ UNIT PRICES

A. The Schedule of Prices/ Unit Prices form is incorporated by reference as part of this Bid Proposal Form. Provide a breakout of major categories noted in the Schedule of Prices. Form follows this section.

B. Provide Unit Prices per the following Unit Prices form.

1.4 PROJECT SCHEDULE A. Submit a Bid Construction Schedule with this Bid Form that includes a logical

succession of work from start to finish, per Section 01-32-16.


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1.5 BID FORM SIGNATURE AND IDENTIFICATION

Please print or type all information requested below (except where signature is required): Name of Proprietor, Partnership Signature of Proprietor, Partner, of Corporation. Or Corporate Official. ________________________________ ___________________________________ Name Signature ________________________________ _____________________________________ Street Address Name of Signatory ________________________________ _____________________________________ Mailing Address Date Signed ________________________________ _____________________________________ City State Zip If Corporation, Attest: ________________________________ ____________________________________ Phone Number Secretary of Corporation ________________________________ _____________________________________ Employer ID Number State of Incorporation ________________________________ Construction Contractors Board Number (CCB#)

If the Bid is a joint venture or partnership, add additional forms of execution for each member of the joint venture in the appropriate form or forms as above.


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SCHEDULE OF PRICES & UNIT PRICES FORMS

A. Provide price breakout for the following major categories of items including percentage of overhead and profit.

1. General Conditions $___________________

2. Erosion Control $___________________

3. Clearing & Grubbing $___________________

4. Earth Work $___________________

5. Asphalt Paving $___________________

6. Concrete Work $___________________

7. Play Areas $___________________

8. Drainage System $___________________

9. Signage & Furnishings $___________________

10. Planting & Seeding $___________________

Total Base Bid $___________________

B. Provide the following unit prices for additional work as noted. Provide unit pricing based on the specifications sections related to each item. If no project specification directly relates or there is a question of the extent of the unit price, write a clarification for that item.

1. Compacted structural fill _______________ CY 2. Asphalt trail with base rock _______________ SF

3. Concrete trail with base rock ______________ SF

4. Imported top soil _______________ CY 5. 4” drain line _______________ LF 6. 30” gabion wall _______________ LF 7. 42” gabion wall _______________ LF 8. Stump grind (average) _______________ EA

END OF BID FORM

TUALATIN HILLS PARK & RECREATION DISTRICT Qualification of Bidder Forms

Rev. 06/11 00 42 00 - 1

SECTION 00 42 00

BIDDER QUALIFICATION FORMS

PART 1 GENERAL 1.1 SUMMARY A. To demonstrate qualifications to perform the WORK, Bidders must submit with the

bid documents, evidence such as financial data, previous experience, present commitments, preliminary construction schedule, name of certified installer(s) (e.g. for splash pad, play equipment, etc.), and other such data.

B. The relevant Bidder Qualification Forms follows this page and include:

1. Contractor’s Qualification Form – 00 42 00a 2. Non-Collusion Affidavit – 00 42 00b 3. First-Tier Subcontractor – 00 42 00c 4. Resident Bidder Form – 00 42 00d 5. Bid Bond Form – 00 42 00e 6. Performance Bond – 00 42 00f 7. Payment Bond – 00 42 00g

END OF DOCUMENT

TUALATIN HILLS PARK & RECREATION DISTRICT Contractors Qualification Form Rev. 03/13 00 42 00a - 1

TUALATIN HILLS PARK & RECREATION DISTRICT 15707 SW Walker Road Beaverton, Oregon 97006 503.645.6433 phone 503.629.6302 fax

CONTRACTOR’S QUALIFICATION FORM

Application of

(Contractor’s Register Company Name)

An Individual A Co-Partnership A Corporation

Joint Venture Member of Joint Venture LLC/LLP/LP

Official Address

(Street) (PO Box)

City State Zip

Phone Fax Cell

Email Date Prepared

Contact Person

Address to serve Tualatin Hills Park & Recreation District (if different than above)

Phone

Fax

Specific Project (if applicable)

Title

Bid Opening Date

Section 1 What is the construction experience of the principal individuals of your organization? Include and identify all


superintendents and project managers to be assigned to this project.

Individual's Name

Present Position

or Office

Years of Construction Experience

Magnitude and Type of Work

In What Capacity

Section 2 Indicate the total amount of work, expressed in dollars, for which the applicant can be bonded.

$ Per project $ Aggregate capacity

Section 3 Bid and Performance Surety Bonds and Insurance: State name of company applicant expects to

provide bonds and insurance, contact person, address and telephone number of surety company.

BONDS

INSURANCE

Section 4 Licensing, Certifications

List licenses and certificates required for requested classes of work. CCB:

LCB:

Electrical:

Plumbing:

Boiler:

Other:

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Section 6 Business Entity Information Fill out appropriate section(s)

Sole Proprietorship If doing business as a sole proprietorship answer this:

Individual’s name liable for all obligations of business

Registration date

Registration number

Assumed Business Name If doing business under an assumed business name answer this:

Assumed business name

Owner’s name & address

General Partnership If a general partnership answer this:

Date of organization

If a foreign (out of state) co-partnership or persons engaging in business in the state under an assumed business name, but not domiciled within this state, state whether or not such partnership has been registered as may be required in compliance with Chapter 648, Oregon Revised Statutes.

Yes Registration No Date Registered

No

Oregon Corporation If an Oregon corporation answer this:

When incorporated

Registration Number

President

1st Vice President

Secretary

Treasurer

What officers are authorized to execute contracts?


Section 6 (continued)

Foreign Corporation If incorporated outside the State of Oregon answer this:

When incorporated

In what state

Are you authorized to transact business in the State of Oregon? Yes No

Give date of Oregon registration

Oregon registration number

President

1st Vice President

Secretary

Treasurer

What officers are authorized to execute contracts?

Limited Liability If a limited liability company, limited liability partnership, or limited partnership indicate which:

Limited Liability Company

Limited Liability Partnership

Limited Partnership

Date organized Registration number

List members or partners who are authorized to execute contracts

Name and address of registered office and registered agent


Section 7 Performance and Integrity THPRD reserves the right to consider additional information, provided by bidder or not, regarding bidder’s qualifications and integrity to determine if bidder’s record is satisfactory.

A. How many years has your organization been in the business as a prime contractor under your present business name?

B. How many years' experience in construction work has your organization had: (a) As a prime contractor? (b) As a subcontractor?

C. Has your organization ever failed to complete any work awarded? Yes No

If so, where and why?

D. Has any officer or partner of your organization ever been an officer or partner of some other

organization that failed to complete work under a contract? Yes No

If yes, state name of individual, other organization and reason thereof.

E. Has any officer or partner of your organization ever failed to complete work under a contract

handled in his own name? Yes No If yes, state name of individual, name of owner, and reason thereof.

F. Within the last five years have you, your company or any officers, agents or employees of you or your company been a party to insurance claim(s) or dispute resolution of any kind including but not limited to litigation, mediation or arbitration related to a project? Yes No If yes, provide copies of the final order(s) or judgment in which this occurred and explain in detail:

(a) the circumstances behind the claim, including the amount not paid (b) whether the amounts have now been paid (c) the reasons for the claim (d) all efforts undertaken to ensure that future claims will not occur

G. Within the last five years have you, your company or any officers, agents or employees of you or your company been found to have violated any state or federal prevailing wage statute or regulation (including the federal Davis-Bacon and Related Acts and ORS 279C.352 et. Seq. in any Final Order of the Oregon Bureau of Labor and Industries or the United States Department of Labor, or by any court of competent jurisdiction?

Yes No If yes, provide copies of the final order(s) or judgment in which this occurred and explain in detail:

(a) the circumstances behind any violation, including the amount not paid (b) whether the amounts have now been paid (c) the reasons for the violation (d) all efforts undertaken to ensure that future violations will not occur

H. If Owner has a reasonable basis to believe that your company has defaulted on payment(s) to a

sub-contractor or vendor, or otherwise may not have adequate financial resources necessary to


meet all contractual responsibilities, Owner shall have the right to request a review your company financial statements. Financial statements to be reviewed shall include a minimum of the past 2 years annual statements and the most recent month-end statements. Such financial statements will be kept confidential and reviewed in the presence of the company’s representative. Such financial statements shall not be kept by Owner or become a part of Owner’s business records without your company’s written consent. Financial documents include:

(a) Company balance sheet (b) Income statement (c) Cash flow statement (d) Lines of credit, credit card accounts and/or current liability

I. Have you pledged or transferred title to any of your equipment or other assets in favor

of a surety company as a part of an indemnity agreement for the issuance of a performance bond by any such surety? Yes No

If yes, give date of transfer and also name of surety company requiring such transfer.

Name of Surety

Address

Date of Transfer

J. In what other lines of business are you financially

interested? ____________________________________

Section 8 Additional Contractor Qualifications

1. As part of the bid documents, submit qualification requirements of CPM scheduler

who is proposed for this project. Refer to Section 01 32 16 Construction Progress Schedule for Qualification requirements.

2. Submit a preliminary Bid Construction Schedule that establishes the major phases of

the work and determines the construction duration to be used for the contract time. See Section 00 41 13 and 01 32 16.

3. Certified to install play equipment.


Section 9 The applicant must sign the following affidavit. If a sole proprietor, the sole proprietor must sign. If a partnership, a partner must sign. If a corporation, an officer of the corporation must sign. If a limited liability company, a member of the LLC must sign.

AFFIDAVIT

STATE OF

)

ss. County of )

I, being duly sworn, state that I am

(Print Name of Authorized Individual)

of

(Title) (Firm Name)

and that the foregoing statements and answers in all sections of the application are correct and true as of the date of this affidavit, and that any additional information submitted to process this application will be correct and true; that further there has been no material reduction in my ability to carry out any project for which I desire to submit a bid; that should there be a material reduction in my ability to carry out any project for which I desire to submit a bid, I will give written notice of such change or changes to the public office to whom this statement is submitted at least 10 days prior to the bid opening; and that it is understood that such notice may change my eligibility to submit the bid.

(Original Signature)

Subscribed and sworn to before me this

day of

,

Year

Notary Seal

or Original Notary Public Signature Stamp My commission expires

TUALATIN HILLS PARK & RECREATION DISTRICT Non-collusion Affidavit

Rev. 05/11 00 42 00b - 1

DOCUMENT 00 42 00b

NONCOLLUSION AFFIDAVIT

State of ) Services requested

) ss. in BID: Roger Tilbury Memorial Park ) County of ) I state that I am (title) of (name of firm), and that I am authorized to make this affidavit on behalf of this firm and its owners, directors and officers. I state that: (1) The price(s) and amount of this Bid has been arrived at independently and without consultation, communication or agreement with any other contractor, Bidder or potential Bidder, except as disclosed on the attached appendix; (2) Neither the price(s) nor other information included in this Bid has been disclosed to any other firm or person who is a Bidder or potential Bidder, and they will not be disclosed prior to the award of the Contract(s); (3) No attempt has been made, nor will any attempt be made, to induce any firm or person to refrain from submitting a Bid, or to submit a Bid containing less competitive terms than those contained in this Bid; (4) The Bid of this form is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any form or person to submit a complementary or other competitive Bid; (5) (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by state or federal law in any jurisdiction involving conspiracy or collusion with respect to bidding on any public contract, except as described on the attached appendix. I state that (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by Tualatin Hills Park & Recreation District in awarding the contract(s) for which this Bid is submitted. I understand and this firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from Tualatin Hills Park and Recreation District of the true facts relating to the submission of proposals for this Contract.

Name of Company

Signature/Position Sworn to and subscribed before me this day of , 20 , by .

Notary Public for ____________________ This commission expires:

TUALATIN HILLS PARK & RECREATION DISTRICT First-Tier Subcontractor Form

Rev. 05/11 00 42 00c - 1

DOCUMENT 00 04 20c

FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM Project Name: Roger Tilbury Memorial Park Bid Closing Date / Time: See Schedule in Advertisement to Bid – Section 00 11 13 This form must be submitted at the location specified in the Advertisement to Bid on the advertised bid closing date and within two (2) working hours after the advertised bid closing time. List below the name of each subcontractor that will be furnishing labor or 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).

Subcontractor Name Dollar Value Category of Work

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. Form Submitted by: Bidder Name:

Contact Name: Title:

Address:

City/State: Zip:

Phone Number:

Fax:

Bidders are required to complete this first-tier subcontractor disclosure form when the contract value for a public improvement is more than $100,000 (see ORS 279C.370). Specifically, when the contract amount of the first-tier subcontractor is more than (A) five (5) percent of the total project bid or $15,000, which ever is greater, or (B) $350,000 regardless of the percentage of the total project bid.

TUALATIN HILLS PARK & RECREATION DISTRICT Resident Bidder Form

Rev. 05/11 00 42 00d- 1

DOCUMENT 00 42 00d

RESIDENT / NONRESIDENT BIDDER STATUS FORM Oregon law (ORS 279A.120) requires the Owner, in determining the lowest responsible bidder, to add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to bidders in the state in which that bidder resides. Consequently, each bidder must indicate whether it is a resident or nonresident bidder. A resident bidder is a bidder who has paid unemployment taxes or income taxes in Oregon during the twelve (12) calendar months immediately preceding submission of this bid, and has a business address in Oregon, and has stated in its bid whether the bidder is a “resident bidder.” A “non-resident bidder” is a bidder who is not a resident bidder. The undersigned bidder states that it is: (check one)

1. A resident bidder 2. A nonresident bidder

Indicate state in which bidder resides: CONSTRUCTION CONTRACTORS LICENSING Oregon law requires all contractors to be licensed by the Oregon Construction Contractors Boards I order to submit a bid to do work and to do work as a contractor. The Undersigned Bidder states that contractor is currently licensed by the Oregon Construction Contractors Board. Indicate Bidder’s Construction Contractors Board License No. _______________

Signature of Bidder

TUALATIN HILLS PARK & RECREATION DISTRICT Bid Bond Form

Rev. 05/11 00 42 00e- 1

DOCUMENT 00 42 00e

BID BOND Bond # KNOWN ALL MEN BY THESE PRESENTS, that _____________________________,

hereinafter called the Principal, and __________________________________________, a

corporation duly organized under the laws of the State of ________________________, having

its principal place of business at ______________________________________, in the State of

________________, and authorized to do business in the State of Oregon, as Surety, are held

and firmly bound unto the

_____________________________________________________, hereinafter called the

Oblige, in the penal sum of ____________________________________________ DOLLARS

($ ), for the payment of which, well and truly to be made, we bind ourselves,

our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by

these presents.

The condition of this Bond is that, whereas, the Principal herein is herewith submitting his/her or its bid for the Roger Tilbury Memorial Park, said bid proposal, by reference thereto, being hereby made a part hereof. NOW, THEREFORE, if the said bid proposal submitted by the said Principal be accepted, and the Contract be awarded to said Principal, and if the said Principal shall execute the proposed Contract as required by the bidding and Contract documents with the time fixed by said documents, then this obligation shall be void, otherwise to remain in full force and effect. Signed and sealed this ______day of _______________, 20 . SURETY: CONTRACTOR: _____________________________ ______________________________ Name Name By: ___________________________ By: __________________________ Title: _________________________ Title: _________________________ Phone Number: ____________________________

TUALATIN HILLS PARK & RECREATION DISTRICT Performance Bond Form

Rev. 05/11 00 42 00f- 1

DOCUMENT 00 42 00f

PERFORMANCE BOND

Bond # KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal

(Corporation, Partnership or Individual) and hereinafter called Surety, are (Name of Surety) held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of DOLLARS ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the _________ day of ________________, 20 , a copy of which is hereto attached and made a part hereof for the:

Roger Tilbury Memorial Park NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof which may be granted by the OWNER, with or without notice to the Surety and during the one (1) year guaranty period, and if the Principal shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which the OWNER may suffer by reason of the Principal’s failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the

TUALATIN HILLS PARK & RECREATION DISTRICT Performance Bond Form

Rev. 05/11 00 42 00f- 2

WORK to be performed there under or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the WORK or the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in __________________ (number) counterparts, each one of which shall be deemed an original, this _________day of ____________, 20 . ATTEST: __________________________________ (Principal) Secretary (Principal) (SEAL) By: __________________________________ (Witness as to Principal) (Address) __________________________________ (Address) __________________________________ (Surety) ATTEST: __________________________________ (Surety) Secretary (SEAL) __________________________________ By: (Witness as to Surety) Attorney-in-Fact __________________________________ (Address) (Address) __________________________________ Name, phone number & address of agent: NOTE: Date of BOND must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute BOND.

TUALATIN HILLS PARK & RECREATION DISTRICT Payment Bond Form

Rev. 05/11 00 42 00g- 1

DOCUMENT 00 42 00g

PAYMENT BOND

Bond # KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a , hereinafter called Principal

(Corporation, Partnership or Individual) and hereinafter called Surety, are (Name of Surety) held and firmly bound unto (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of DOLLARS ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the _________ day of ________________, 20 , a copy of which is hereto attached and made a part hereof for the:

Roger Tilbury Memorial Park. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such Contract, and any authorized modification thereof, including all amounts due for materials lubricants, oil, gasoline, coal and coke, repairs of machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor performed in such WORK whether by a subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the WORK to be performed there under of the SPECIFICATIONS accompanying the same shall in

TUALATIN HILLS PARK & RECREATION DISTRICT Payment Bond Form

Rev. 05/11 00 42 00g- 2

any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in __________________ (number) counterparts, each one of which shall be deemed an original, this _________day of ____________, 20 . ATTEST: __________________________________ (Principal) Secretary (Principal) (SEAL) By: __________________________________ (Witness as to Principal) (Address) __________________________________ (Address) __________________________________ (Surety) ATTEST: __________________________________ (Surety) Secretary (SEAL) __________________________________ By: (Witness as to Surety) Attorney-in-Fact __________________________________ (Address) (Address) __________________________________ Name, phone number & address of agent: NOTE: Date of BOND must not be prior to date of Contract. If Contractor is a Partnership, all partners should execute BOND.

TUALATIN HILLS PARK & RECREATION DISTRICT Contract Forms and Supplements

Rev. 11/11 00 50 00

SECTION 00 50 00

CONTRACT FORMS AND SUPPLEMENTS

PART 1 GENERAL

1.1 SUMMARY

A. Document Includes: 1. Agreement.

B. Related Documents: 1. Document 00 72 00 – General Conditions 2. Document 00 73 00 – Supplementary Conditions

1.2 AGREEMENT

A. Standard Form of Agreement Between Owner and Contractor on the Basis of a Stipulated Price.

END OF DOCUMENT

TUALATIN HILLS PARK & RECREATION DISTRICT Contract Agreement

Rev. 11/11 00 52 00 - 1

SECTION 00 52 00

CONTRACT AGREEMENT

THIS AGREEMENT made as of the Insert Day day of Insert Month, 20Insert Year between “DISTRICT”:

Tualatin Hills Park and Recreation District

157070 SW Walker Road Beaverton, OR 97006

and “CONTRACTOR”:

“Contractor” “Address” “Phone”

for “PROJECT”: Roger Tilbury Memorial Park

District and Contractor agree as set forth below: The Contract Documents. The following documents (the “Contract Documents”) form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein:

1. This Agreement. 2. Proposal. 3. Conditions of the Contract (General, Supplementary and other Conditions). 4. Drawings. 5. Specifications. 6. Payment and Performance Bonds. 7. Approved Submittals. 8. Addenda issued prior to, and all Modifications and Change Orders issued after

execution of this Agreement. The Work. The Contractor shall furnish all labor, tools, equipment, and services necessary to perform the following Work on the project which includes but is not limited to: Site preparation, earthwork, installation of: temporary erosion control, paving, soft trails, walls, drainage system, play areas and play equipment, site furnishings and planting/seeding.

All Work described under Base Bid of the Proposal of Roger Tilbury Memorial Park: $ Contractor shall perform all of the Work in strict accordance with and as required by the Contract Documents and in accordance with any instructions as issued by the District. The Contract Sum.

TUALATIN HILLS PARK & RECREATION DISTRICT Contract Agreement

Rev. 11/11 00 52 00 - 2

District shall pay Contractor for the performance of the Work, subject to additions and deductions by Written Change Order as provided in the Contract Documents, the unit price (“Contract Sum”) of Written Text of Dollar Amount DOLLARS ($Numerical value). Monthly progress payments and final payment shall be made in accordance with Section 01 20 00 Price and Payment Procedures and the General Conditions. Time of Commencement and Completion. The Work shall be commenced on the date stipulated in a written notice issued to Contractor by District (the “Notice to Proceed”), and subject to authorized adjustments, Substantial Completion shall be achieved according to the schedule set forth in the specifications.

Should Contractor fail to complete performance of the Work within the time prescribed herein, the harm that will be caused by such delay will be impossible or very difficult to accurately determine. Contractor agrees to pay District $500 per day as agreed liquidated damages for the delay, not as a penalty, but as a reasonable forecast of just compensation for loss and expenses for each and every calendar day or fraction thereof elapsing between the specified substantial completion date and the date the work is actually substantially completed by Contractor. Work shall be completed by [calendar days from Date of Notice to Proceed]. Severability. If any provisions or part of the Contract Documents are found to be unenforceable by a court of competent jurisdiction, all other provisions of this Contract shall remain in full force and effect and the Contract shall be read and interpreted without the invalid provision. Entire Agreement. This contract signed by both parties, constitutes a final written expression of all of the terms of this agreement and is the complete and exclusive statement of those terms. Any and all representations, promises, warranties, or statements by Contractor or Contractor’s agents that differ in any way from the terms of this written agreement shall be given no force and effect. This Agreement will be effective on Insert Month and Day, 20Insert Year. OWNER CONTRACTOR Tualatin Hills Park and Recreation District By: By: Keith D. Hobson Name: Director of Business & Facilities Title: Address for giving notices: Address for giving notices: 15707 SW Walker Road Insert Text Beaverton, OR 97006 Insert Text

Roger Tilbury Memorial Park Washington County, OR

SECTION 00 72 00

GENERAL CONDITION

TUALATIN HILLS PARK & RECREATION DISTRICT General Conditions

Rev. 03/13 00 72 00 - 1

TABLE OF CONTENTS

ARTICLE 1 - DEFINITIONS ................................................................................................... 1 ARTICLE 2 - PRELIMINARY MATTERS ................................................................................... 3 ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................................... 4 ARTICLE 4 – SUBSURFACE AND PHYSCIAL CONDITONS; HAZARDOUS ENVIRONMENTAL

CONDITIONS .................................................................................................... 5 ARTICLE 5 – BONDS AND INSURANCE .................................................................................. 5 ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES .................................................................. 6 ARTICLE 7 – OTHER WORK AT SITE ................................................................................... 14 ARTICLE 8 – OWNER’S RESPONSIBILITIES .......................................................................... 15 ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION ................................................ 15 ARTICLE 10 – CHANGES IN THE WORK; CLAIMS ................................................................... 15 ARTICLE 11 – COST OF THE WORK; ALLOWANCES .............................................................. 16 ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME ........................ 22 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTIONS ..................................................... 18 ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION ........................................... 20 ARTICLE 15 – SUSPENSION OF WORK AND TERMINIATION .................................................. 22 ARTICLE 16 – DISPUTE RESOLUTION ................................................................................. 23 ARTICLE 17 - MISCELLANEOUS ......................................................................................... 24 ARTICLE 18 – PUBLIC CONTRACTING ................................................................................. 24 ARTICLE 1 - DEFINITIONS

1.01 Defined Terms

Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda - Written or graphic instruments issued prior to the opening of Bids, which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement - The written instrument that is evidence of the agreement between Owner and Contractor covering the Work.

3. Application for Payment - The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Architect/Engineer - The person, firm, or corporation that prepared the drawings and specifications, or acts as a consultant to the Owner during the project, whether it be an architect or engineer.

5. Drawings of record - Those annotated drawings submitted by the Contractor during progress of construction to the Owner or the Architect/Engineer, illustrating how various elements of the work were actually installed.


SECTION 00 72 00

GENERAL CONDITION


Rev. 03/13 00 72 00 - 2

6. Contract - The agreement signed by the parties thereto, these General Conditions, and all other documents and exhibits listed as contract documents.

7. Contract Change Order - A document prepared by the Owner or the Architect/Engineer, as directed and approved by the Owner as a change to the Contract incorporating approved Contractor’s proposals for changes in the Work. Contract change orders shall be numbered consecutively in chronological order and shall refer to the field change order(s) covered.

8. Contract Sum - The amount payable to Contractor under the Contract. 9. Contractor - the person, firm, or corporation responsible for the execution of the work

contracted for by Owner. 10. Days - Unless expressly stated otherwise, means calendar days. 11. Deficiency List - List of unfinished or uncompleted work prior to Substantial Completion;

written by the contractor. 12. Field change order - An order issued to the Contractor, by the Architect/Engineer or the

Owner’s Construction Representative, to carry out minor revisions in the Work. The Contractor’s field superintendent shall be authorized to supply quotations for the Work directly to the Architect/Engineer or the Owner’s Construction Representative. Such field change orders shall be numbered consecutively, in chronological order.

13. Or approved equal - The Architect/Engineer and the Owner use the term to indicate that the material or product to be supplied or installed must be equal to that specified and as approved.

14. Owner - Tualatin Hills Park & Recreation District (District or THPRD). 15. Owner’s Construction Representative (OCR) - The Owner’s agent, designated by Owner.

The OCR coordinates the activities of the Architect/Engineer, Contractor, Owner’s consultants, and all aspect of the project. Exception: Contractors coordination of the Work.

16. Project - All construction of which the Work may be a part or the whole. The Project may contain work by Owner or by separate contract.

17. Punch List - A list, prepared by the Architect/Engineer and/or the Owner’s Construction Representative, of the Contractor’s uncompleted or uncorrected work as defined by AIA Document G704 and after Substantial Completion is granted. See “Deficiency List”.

18. Request for Information (RFI) – Document submitted by the contractor tot the Owner construction Representative requesting clarification pertaining to construction requirements.

19. Separate Contract - A contract between Owner and a contractor, other than the Contractor under this Contract, for the construction or furnishing of a portion of the Project.

20. Subcontractor - Without limitation, any firm, corporation, or person working directly or indirectly for the Contractor that furnishes or performs a portion of the work, labor, or material, according to the drawings and/or specifications.

21. Substantial Completion - The completion of the work to the extent that the Owner may have uninterrupted occupancy and use of the facility or specified portion thereof for the purpose for which intended.

22. Work - Unless otherwise specified, indicates all items to be furnished, performed and paid for by the Contractor and its subcontractors, and includes all materials, tools, methods, labor, overtime labor, standby labor, equipment services, transportation, power, fuel, water, and other items and facilities of every kind necessary for the complete job and to the entire performance of this Contract.

23. Work Change Directive - A written request by the Owner for a proposal ordering an addition, deletion, or revision in the Work. A Work Change Directive will not change the Contract Price or the Contract Times, unless subsequently issued in a change order following negotiations by the parties as to its effect.


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24. Work in Place - The work, which has been installed in accordance with the drawings and specifications, but does not include equipment or material that has been delivered to the job site and not yet installed.

25. Additional definitions can be found in respective sections of the Project Manual and Supplementary Conditions.

ARTICLE 2 - PRELIMINARY MATTERS

2.01 General Provisions

A. The Contract shall be deemed to have been made in, and shall be construed under, the laws of the State of Oregon.

B. Contractor shall direct all communications to the designated OCR. C. Contractor shall perform services under this Contract in a skillful and competent manner in

accordance with good practice standards of the construction industry. Contractor shall be responsible to Owner for errors or omissions in construction and failure to perform this Contract, and shall correct or remove any defective work.

D. Contractor’s Work shall comply with all applicable laws, regulations, ordinances, building codes, and requirements of federal, state and local government authorities and agencies having jurisdiction over the facility to be constructed, including those of the utility companies, and shall give all notices and obtain all licenses and permits required.

E. Contractor shall comply with construction procedures contained in the Contract Documents. F. Written notice shall be deemed to have been duly served if delivered in person to the

individual or member of the firm or entity or to an officer of the corporation for whom it was intended, or if delivered at, or sent by registered or certified mail to, the last business address known to the person who gives the notice.

G. Time limits stated in this Contract are of the essence. H. Within 30-days of contract award, and before any Work at the Site is scheduled, a

Preconstruction Conference attended by Owner, Contractor, Engineer, and others as appropriate. The purpose shall be held to establish a working understanding among the parties as to the Work and the schedules.

I. Contractor shall maintain an efficient and accurate accounting system for all work in connection with this Contract. Contractor’s accounts and records covering these charges and all invoices, payments, correspondence, memoranda, and other writings, on account of this Contract, shall, at all reasonable times during the term of this Contract, and for two (2) years thereafter, be open to inspection and copying by Owner or its authorized representatives.

J. Contractor shall pay for additional sets of drawings and specifications requested by Contractor, over and above three bid and contract sets furnished by Architect/Engineer. Payments are to be made direct to the blue printer or to the party furnishing the drawings and specifications.

K. Upon acceptance of this Contract, or as a condition to continue performance hereunder, Contractor, at the option of Owner, shall execute and deliver separate Performance and Payment Bonds, each in an amount equal to the total Contract Sum, and fully executed by a Surety Company authorized to do business in the State of Oregon and approved by Owner. In the event of any increases in the total Contract Sum, Contractor shall increase the Performance and Payment Bonds so that each equals the new total Contract Sum. Contractor shall pay the costs of all Bonds.

L. Contractor agrees to immediately remove any liens, claims, or encumbrances which, because of any act or default of Contractor, or of Contractor’s subcontractors or


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sub-subcontractors, or material suppliers, are made against the Owner or the Project; and to defend, indemnify, and save Owner harmless against and from all resulting loss and expenses, including attorney’s fees.

M. In carrying out any of the provisions hereof or in exercising any authority granted by the Contract, there will be no personal liability imposed upon any public official or employee of Owner.

N. In the event any provision of this Contract is void, invalid, or unenforceable under the laws of the State of Oregon; the balance of the Contract shall remain in effect and binding on the parties hereto.

O. Contractor shall perform all work under this Contract as an independent contractor and shall not be considered an agent of Owner, nor shall contractor’s subcontractors or employees be sub-agents of Owner.

P. This Contract is not intended to entitle Contractor to any benefits generally granted to Owner’s employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Contract to the Contractor are vacation, holiday and sick leave, other leave with pay, tenure, medical and dental coverage, life and disability insurance, overtime, Social Security, Workers’ Compensation, unemployment compensation, or retirement benefits (except insofar as benefits are otherwise required by law if the Contractor is presently a member of the Public Employees Retirement System).

Q. The Contractor is an independent contractor for purposes of the Oregon Workers’ Compensation law (ORS Chapter 656) and is solely liable for any Worker’s Compensation coverage under this Contract. If the Contractor has the assistance of other persons in the performance of this Contract, the Contractor shall qualify and remain qualified for the term of this Contract as required by ORS 656.407 or as a contributing assistance of any other person, Contractor shall execute a Joint Declaration with District’s Workers’ Compensation carrier absolving Owner of any and all liability from Workers’ Compensation provided in ORS 656.029(2).

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent of the Contract Documents

A. The intent of the Contract Documents is to include all of the Work for the Contract Sum and within the Contract Time. The drawings and specifications are to be considered complementary, and all work necessary for the execution of the Work if shown on the drawings and not described in the specifications, and all work described in the specifications and not shown on the drawings, or any work which is obviously necessary to complete the Work within the limits established by the drawings and specifications, is part of the Contract, and shall be executed by Contractor in the same manner and with the same quality of material as other portions of the Contract without extra compensation.

B. Words describing material or work which have a well-known technical or trade meaning unless otherwise specifically defined in the contract, shall be construed in accordance with such well-known meaning, recognized by architects, engineers and tradesmen.

C. The Contract and each of the Contract Documents are complementary, and they shall be interpreted so that what is called for by one shall be as binding as if called for by all. Should Contractor observe any conflicts within the Contract Documents, Contractor shall bring them to the Owner’s attention for decision and revision as soon as possible after originally observed. In the event of duplications or conflicts within the Contract Documents after the Contract has been executed, the most expensive method of work, materials and


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equipment shall be construed as the requirement, provided, however, that Owner shall receive a credit for all costs saved accruing to Owner in the event the least expensive method of work is directed by Owner. A duplication of work is not intended by the Contract Documents and any duplication specified shall not become a basis for extra cost to Owner. In the event the above method does not solve the conflict, interpretations will be based on the following priorities:

a. The contract, and amendments to same, with those of a later date having precedence over those with an earlier date.

b. The Supplemental Conditions, if any. c. The General Conditions. d. Specifications and Plans and notes on Plans.

D. Contractor shall secure written instructions from the OCR before proceeding with Work

affected by omissions or discrepancies in the Contract Documents. E. Contractor has carefully examined the Contract Documents and is fully informed as to the

quality and quantity of materials and the character of the Work required.

ARTICLE 4 – SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

A. All reports giving the results of soil investigations or borings conducted by Owner may be

examined at Owner’s offices. Any investigations or borings that were carried out and retained for design purposes only are not considered adequate for construction. Prior to submitting any bids, Contractor is required to acquaint him/herself with the site and all other conditions relevant to the Work, and make all investigations essential to a full understanding of the difficulties, which may be encountered in performing the Work.

B. Contractor represents that prior to submitting its proposal for the Work, Contractor carefully examined all of the Plans and Specifications, acquainted him/herself with the site and all other conditions relevant to the Work, and made all investigations essential to a full understanding of the difficulties, which may be encountered in performing the Work.

C. Owner does not warrant the correctness of any soil investigations or borings, or of any interpretations, deductions or conclusions given in any report relative to subsurface conditions. Soil investigations or borings are not warranties of conditions between soil borings nor are they guaranteed to represent all conditions that may be encountered. Contractor has made and shall make its own deductions and conclusions as to the nature of the materials to be excavated, the difficulties of making and maintaining the required excavation, the difficulties which may arise from subsurface conditions, and of doing any other work affected by the subsurface conditions, and shall accept full responsibility thereof.

D. During construction, and until acceptance by Owner, Contractor shall be responsible for the premises and for the Work and shall bear the risk of loss for all damage thereto, however caused, and regardless of whether any damage is the fault of Contractor. The Owner will in no case be responsible for any loss or for any unanticipated costs that my be suffered by the Contractor as a result of the Contractor’s failure to acquire full information in advance in regard to all conditions pertaining to the Work.

ARTICLE 5 – BONDS AND INSURANCE

5.01 Contractor shall not commence work until Contractor has furnished two (2) copies of certificates

of insurance evidencing that Contractor has obtained the following insurance, which shall be secured with companies and in form satisfactory to the Owner. Owner shall be added to each


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policy as a named additional insured. Such certificates must provide that the insurer will give Owner at least thirty (30) days’ prior written notice of material change in or cancellation of such insurance:

Kind Limits

1. Employer Insurance a. Workers’ Compensation covering all employees Statutory who are engaged in any work under the contract b. Employers’ Liability including bodily injury caused by disease

2. Comprehensive General Liability*: $1,000,000 each person

$2,000,000 each occurrence a. Bodily injury (including death) and Personal Injury $1,000,000 each accident b. Property Damage and Broad Form Property Damage $2,000,000 aggregate including Completed Operations, and shall include coverage for Explosion, Collapse and Underground

3. Comprehensive Automobile Liability including Owned, $1,000,000 each person Non-owned and Hired Vehicles: $2,000,000 each occurrence

a. Bodily injury (including death) b. Property damage $1,000,000 each accident * This insurance shall include contractual liability to cover the liability assumed by the

Contractor under the indemnification provisions of the General Conditions. 5.02 When the construction is to be accomplished within a public or private right-of-way requiring

special insurance coverage, Contractor shall conform to the particular requirements and provide the required insurance. Contractor shall include in its liability policy all endorsements that the applicable government authority may require for the protection of the authority, its officers, agents, and employees. Contractor shall provide insurance coverage for special conditions, when required.

5.03 Contractor shall maintain the above insurance at all times until acceptance of the Work. 5.04 Maintenance of insurance by Contractor as specified in this Article shall in no way be interpreted

as relieving Contractor of any responsibility and Contractor may carry, at its own expense, such additional insurance as Contractor deems necessary.

5.05 Contractor shall require all subcontractors (unless otherwise approved by the Owner) to carry

insurance at least equal to that required by Paragraphs 1, 2, and 3 of Paragraph A of this Article. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES

6.01 Contractors Superintendent

A. Contractor shall provide the services of a competent on-site representative, as approved in writing by Owner, from the commencement of construction to final completion and


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acceptance of the Work. Contractor’s on-site representative shall be experienced in the type of work being performed, represent Contractor at the Work, and all directions, instructions, or notices given to the on-site representative by Owners Construction representative or the Architect/Engineer shall be as binding as if given to Contractor.

B. Contractor’s on-site representative shall be in charge of the Work at all times and shall have authority to furnish estimates and to approve field change orders. Contractor shall provide on-site representative with such assistants as are necessary to properly execute and coordinate all phases of the Work.

C. Contractor’s project manager, construction superintendent, assistant construction superintendent, if any, and trade foremen, as required, shall not be removed from the Work under this Contract without the prior written approval of Owner.

6.02 Progress Schedule: Coordinate Section 01 32 16 Construction Progress Schedule.

A. Contractor shall submit, to Owner, a schedule of the Work within ten (10) days after award of the Contract and shall maintain the schedule on a current basis until the Work is completed. Time limits set forth in the Contract for substantial completion, final completion, or any other project milestones, shall govern, and the schedule must be adjusted to comply. Contractor shall perform the Work in accordance with the schedule as well as within the dates specified in the Contract.

B. Every two (2) weeks, Contractor shall report to Owner on the status of the Work on

duplicate marked copies of the current schedule. Contractor shall indicate in the status report any Work that is not proceeding according to the current schedule or to modify the schedule. Any modifications to Contractor’s schedule notwithstanding, Contractor shall remain responsible to complete the Work within the times specified in the Contract.

C. If the Work is not proceeding according to the Schedule and the owner does not reasonably believe Contractor’s proposed actions or schedule modifications are sufficient to accomplish completion of the Work within the Contract time, Contractor shall be in default under the Contract. If Contractor fails to cure such default by submitting proposed actions or schedule modifications, reasonably acceptable to Owner, within ten (10) days of receiving written notice of the default, Owner may perform such Work as it deems necessary to bring the Work into compliance with the current schedule and to credit the cost thereof against payments due Contractor. Such action shall not constitute Owner’s waiver of any other claim or claims against Contractor resulting from Contractor’s failure to perform on schedule or within the time limits set forth in the Contract.

6.03 Substitutes and “Or-Equals”

A. Throughout the specifications, manufacturer’s name and catalog number may specify types of material in order to establish standards of quality and performance and not for the purpose of limiting competition. Unless specifically specified otherwise, the Contractor shall be aware that the phrase “or approved equal” provides that product substitution may be acceptable, with the burden to prove such equality falling upon the Contractor. If the Contractor elects to prove such equality, Contractor must request Owner’s approval per Section 01 60 00 Product Requirements to substantiate equality, with supporting data and samples, if required, to permit a fair evaluation of the proposed substitute with respect to quality, serviceability, warranty, and cost. Such supporting data shall include the basic specifications of the specified item(s), and the specifications, characteristics and other information concerning the proposed substitution demonstrating its equality to the specified


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items(s), and the effect of the substitution on the schedule and cost, if any. Substitution requests must be submitted only by a bidding General Contractor.

B. After award of the Contract, proposed substitutions will be considered only if Owner receives the advantage of lesser cost with no decrease in quality, or earlier completion date, or both. In any event, a request for substitution shall be made sufficiently in advance of Project needs to permit sufficient time for evaluation by Architect/Engineer and Owner without jeopardizing the construction schedule.

C. In the event that Owner approves a substitution, Contractor shall assume all risk and costs for redesign and adjustment of Work affected by the substitution and its effect on adjoining Work, and any delays occasioned by its use.

6.04 Subcontractor, Suppliers and Payment

A. Contractor, upon notification of selection as apparent successful bidder, and prior to award of Contract, shall submit to Owner, for approval, a list of proposed subcontractors and suppliers for each of the major items of the Work. Owner reserves the right to reasonably reject any subcontractor or supplier that has not been qualified by Owner in writing prior to award of Contract, without additional cost to Owner. Where Owner rejects any subcontractor or supplier that has been pre-qualified by Owner in writing, the Contract Sum shall be adjusted by contract change order pursuant to provisions of this Contract for pricing additional or deleted work. Contractor shall advise Owner of Contractor’s selection of approved subcontractors and suppliers prior to commencement of Work by the subcontractors and suppliers.

B. To the extent the specifications have been divided into separate headings or sections to

cover the principal trades or sub-trades represented in the Work, it is done for convenience. This arrangement shall not limit Contractor in the extent of the Work included in each of the various subcontracts, nor shall the use of the term “subcontractor” relieve Contractor of responsibility for seeing that all of the Work of the Contract is performed properly, whether or not specifically called for in a particular section.

C. All contracts concerning the Work entered into by Contractor with subcontractors shall include the terms and conditions governing Contractor. No provisions of this Contract or of any contract between the Contractor and subcontractors shall be construed as an agreement between Owner and subcontractors. Contractor shall be as fully responsible to the Owner for the acts and omissions of a subcontractor, of the persons employed by a subcontractor, or of firms and/or subcontractors engaged by a subcontractor, as Contractor is for the acts or omissions of its own employees.

D. Unless expressly stipulated otherwise, Contractor shall provide and pay for all services, labor, overtime labor, standby labor, methods, materials, equipment, transportation, power, fuel, water, and all other facilities and services, including operating costs incurred in checking out equipment, and all other items and facilities of every kind necessary to complete the intent of the Contract for the Contract Sum within the Contract Time.

6.05 Patent Fees and Royalties

A. Contractor shall pay all royalties and license fees. Contractor shall defend all suits or claims for infringement of any patents and shall save Owner harmless from loss on account thereof except the Owner shall be responsible for all such loss when a particular process or product is specified by it unless Contractor shall have information that a particular process


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or product infringes a patent, in which event, Contractor shall be responsible for loss on account thereof unless Contractor promptly provides such information to Owner.

6.06 Permits

A. This Contract does not constitute a land use permit, nor does acceptance of this Contract by Contractor constitute approval of any legislative or quasi-judicial action required as a condition precedent to use of the land for the intended purpose.

B. Contractor shall employ a licensed or registered land surveyor who shall be responsible for all surveys, measurements and layouts required for the proper execution of the Work.

C. Contractor shall compare and continually check for changing conditions, all dimensions, elevations, lines, grades and other information appearing on the drawings with the work of other contractors and with the actual dimensions, elevation lines grades and site conditions. Contractor shall report in writing to the Architect/Engineer and Owner any discrepancies in the prevailing conditions before proceeding with the Work. Contractor shall be responsible for any cost or expense, which results from its failure to so compare and report.

D. Contractor shall furnish, set and maintain grade stakes and temporary markers and shall be fully responsible for the accuracy thereof.

E. Contractor shall obtain and pay for all permits, licenses, certificates, inspections and other approvals required within the contract documents. Contractor is responsible to meet all project permit conditions and obtain final approval of each permit. Any such fees shall be included in the Contract Sum.

F. When construction crosses highways, railroads, streets, watercourses, or utilities under the jurisdiction of a state, county, city or other public agency, public utility or private entity, Contractor shall conform to the permits, licenses, regulations and conditions of such authorities. Contractor is responsible for the knowledge of all underground utilities present on the site.

6.07 Taxes

Contractor shall pay all federal, state, and local taxes, including, but not limited to, excise taxes, sales and use taxes.

6.08 Record Documents

All drawings, specification computations, sketches, test data, survey results, photographs, renderings, models, electronic data and other material related to the Work prepared by Contractor, or furnished to Contractor by Owner or the Architect/Engineer, are the property of Owner. Contractor shall submit to Owner the original and a reproducible copy of all such materials upon Owner’s request, otherwise upon completion of construction. Contractor shall not use any such materials or copies thereof on other work nor shall contractor divulge information from such materials without Owner’s prior written approval.

6.09 Safety

A. Contractor will write and submit for THPRD review a Site Specific Safety Plan (SSP) prior

to the preconstruction meeting. THPRD approval of the SSP will be required prior to a

“Notice to Proceed” is issued to the contractor. The THPRD safety coordinator is available

to assist and coordinate with the contractor as needed.


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B. Contractor shall take all necessary precautions for the safety of its employees, Owner’s employees, and the public, and protection of the Work and of adjoining property, and shall comply with all applicable provisions of federal, state and local safety laws and building codes and Owner’s fire insurance carrier’s requirements to prevent accidents, injury to persons, loss of life and damage to property.

C. Contractor shall not permit any structure to be loaded excessively. D. For work at an existing facility operated by Owner, Contractor shall obtain approval, from

Owner, as to time and duration of activities prior to blasting, welding, torch cutting, building of fires, or making changes in the process water, city water, irrigation water, or fire protection systems.

E. Contractor shall properly erect and maintain all necessary safeguards for the protection of workers, Owner, Owner’s employees, and the public. Contractor shall post danger signs and markers warning against hazards created by features of the construction.

F. Safety and accident reports shall be submitted in accordance with federal, state, and local regulations. Contractor shall inform Owner of any accidents within three (3) days of occurrence.

G. Owner, OCR, and Architect/Engineer are not responsible for safety, safety procedures, safety analysis of any condition on the project, or coordinating any safety efforts or programs of any contractor or subcontractor.

H. Contractor will not enter upon private property without first obtaining express permission from the property owner or its authorized representative. Contractor is responsible for preserving all public and private property along and adjacent to the Work contemplated in the Contract. If Contractor damages any property, private or public, Contractor will immediately notify the property owner and will repair the property to its previous condition or otherwise make full restitution to the owner. Without undue delay Contractor will present a written report to OCR describing the pertinent facts to such damage, it plans for remedying such damage and the estimated cost to Contractor for such repairs.

6.10 Continuing Work

A. Contractor shall be responsible for construction means, methods, techniques, sequences, procedures, coordination, orderly scheduling, and management of all Work by its employees and subcontractors.

B. Contractor shall confine its equipment, apparatus, materials, and operations of workers and subcontractors within limits allowed by Owner and shall not unnecessarily encumber the premises. Contractor shall be responsible for all materials and equipment stored by Contractor or its subcontractors.

C. Contractor shall use the premises only for purposes necessary to the performance of this Contract. Contractor shall not make use of any existing structures on Owner’s property or any facilities therein without prior approval from Owner.

D. Whenever Contractor shall receive materials, equipment, or personal property from any person having a contract with Owner for storage, erection, or installation, Contractor shall give to such person, or Owner, written receipt for the items delivered and shall be responsible for the proper care, storage, or replacement of items received.

E. All manufactured articles, materials, and equipment shall be stored, applied, installed, tested, connected, erected, used, cleaned and conditioned by Contractor as directed by the manufacturer unless otherwise specified.

F. Contractor shall maintain one complete copy of the Contract documents at the job site, with all Owner RFPs, change orders, reviewed shop drawings, observation reports and other documents necessary to the prosecution of the Work. All Contract documents shall be kept up to date with legible markings.


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6.11 Warranty and Guarantee

A. In addition to any specific guarantees and warranties required by the Contract, Contractor guarantees to perform the Work in a first class, workmanlike manner and guarantees all Work against defects in material or workmanship for a period of one (1) year from the date of acceptance of the Work or final payment by the Owner, whichever is later. Defective work will be corrected at the Contractor’s sole expense. Acceptance shall mean final acceptance of the entire Work, early partial occupancy notwithstanding. However, Contractor shall be liable to the Owner for all damages sustained by Owner due to the failure of any foundation within two (2) years of final payment under the contract.

B. All guarantees or warranties of equipment or materials furnished to Contractor or subcontractors by any manufacturer or supplier shall be passed to Owner after the first year.

C. Contractor shall fulfill any warranties of manufacturers for material or equipment installed for the first year.

D. Within a reasonable time after receipt of written notice thereof, Contractor shall correct defects in material or workmanship which exist prior to or during the period of any guarantee provided herein and any damage to other Work or property caused by such defects or the repairing of such defects, at Contractor’s own expense and without cost to Owner, and without interruption to Owner’s occupancy.

E. The guarantees and warranties shall not be construed to modify or limit any rights or actions, which Owner may otherwise have against Contractor under this Contract or pursuant to law or statute, including all local laws, or in equity.

6.12 Indemnification

A. Contractor is fully responsible for all damages to property, injury to persons, and all loss, expense, inconvenience and delay that may be caused by, or result from, the carrying out of the Work under this Contract, or from any act, omission or neglect of the Contractor, its subcontractors, personnel or agents. To the fullest extent permitted by law, Contractor shall defend (with counsel of Owner’s choice), indemnify and hold Owner, and its agents and employees, harmless from and against all claims, damages, losses and expenses, including but not limited to reasonable attorneys’ fees, arising from, related to, or caused by the performance of the Work by Contractor, or its subcontractors, agents, and employees. This obligation shall survive acceptance of the Work and completion of the Contract.

B. In any and all claims against Owner or its agents or employees, these indemnification obligations shall not be limited in any way by any limitation in the amount or type of damages, compensation or benefits payable by or for contractor’s or worker’s compensation acts, disability acts or other employee benefit acts.

C. Contractor shall carry sufficient insurance to defend, indemnify and hold Owner harmless as provided in this provision.

6.13 Assignment

A. Contractor shall not assign its rights or obligations under, or arising from, the whole or any part of the Contract or any subcontract without Owner’s prior written consent. Contractor shall not assign any amounts due or to become due under the Contract without prior written notice to Owner.


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B. Contractor hereby assigns, to Owner (and its assigns), all interest in subcontracts and purchase orders, now existing or hereinafter entered into by Contractor, for performance of any part of the Work. Assignment will be effective upon acceptance by Owner, in writing and only as to those subcontracts and purchase orders that Owner so designates. Owner may accept assignment at any time during the course of construction prior to final completion. All Contractors’ subcontracts and purchase orders shall provide that they are freely assignable by Contractor to Owner (and its assigns). It is agreed and understood that such assignment is part of the consideration to Owner for entering into the Contract and may not be withdrawn prior to final completion.

6.14 Cleaning: Reference Section 01 74 19 Construction Waste Management.

A. Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by employees, subcontractors, or the Work. At the completion of the Work Contractor shall remove, from the building and site, all rubbish, tools, scaffolding and surplus materials, and shall leave the Work broom clean unless otherwise directed. If, in the opinion of Owner, Contractor fails to keep the premises clean, Owner may remove waste materials, rubbish, and charge the expense of such removal to Contractor.

B. Contractor shall thoroughly wash and clean all glass; replace broken glass; clean hardware; remove paint stains, spots, smears, marks, and dirt from all surfaces; clean fixtures; and wash floors and all exposed concrete so as to present clean work to Owner for acceptance.

C. Contractor shall neatly stack construction materials such as concrete forms and scaffolding when not in use. Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from surfaces to prevent marring or other damage.

D. Volatile wastes shall be properly stored in covered metal containers and removed daily. E. Wastes shall not be buried or burned on the site or disposed of into storm drains, sanitary

sewers, streams, or waterways. Contractor shall remove and dispose of all wastes from the site in a manner complying with local ordinances and state and federal anti-pollution laws.

F. Contractor shall periodically wet down walls, debris, trucks, chutes, etc. as required minimizing flying dust.

6.15 Weather Protection and Heating: Reference Section 01 50 00 Temporary Facilities and

Controls

A. Contractor shall provide and maintain weather protection and temporary heating to properly protect all Work from damage. Contractor shall not use any installed or partially installed heating system for temporary heating purposes, unless specifically authorized in writing by Owner.

B. When necessary to enclose buildings for construction, Contractor shall provide all permanent and temporary enclosures required and shall provide temporary heating by means of adequately ventilated devices to maintain suitable temperatures for the Work of all trades. Temporary heating shall be maintained for such periods as required or as directed by Owner. When directed by Owner, Contractor shall remove all temporary enclosures.

C. If portable ventilating fans are used to dispel moisture, Contractor shall provide the same with adequate safety guards and the area shall be broom clean to insure protection of personnel.

D. Contractor shall use only flameproof tarpaulins.


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6.16 Security of Equipment and Operable Machinery

Site-parked mobile equipment, operable machinery, and hazardous parts of the new construction subject to mischief shall be kept locked or otherwise made inoperable whenever left unattended.

6.17 Temporary Structures and Services

A. Toilets. Contractor shall provide suitable toilet facilities at approved locations with proper enclosures for the use of all workers, and shall maintain such in a sanitary and operable condition, all in conformity with local regulations.

B. Temporary buildings. Contractor shall provide such temporary buildings as may be required for the use of its workers and the safe storage of tools and materials. Such structures shall be located on the job site with location as approved in advance by Owner.

C. Temporary Electric Power. Contractor shall provide and pay for all temporary light and power required for the Work including all wiring, connections, and accessories, and all power consumed.

D. Temporary Water Supply. Contractor shall make all necessary arrangements for and provisions of water including temporary piping and hose extensions required for construction purposes. Contractor shall obtain and pay for temporary permits from proper authorities and pay for all water used.

E. Temporary Facilities. Contractor shall install and operate an adequate number of temporary hoists and furnish and maintain temporary scaffolds, ladders, runways, and the like as required for the proper execution of the Work. As soon as the progress of the Work will permit, Contractor shall erect the permanent stairs, platforms, landings, ramps, catwalks, etc., properly equipped with handrails and other safeguards and shall provide coverings to protect these and all other permanent parts of the facility from damage or defacement during the Work.

F. Removal of Temporary Structures and Services. Contractor shall remove temporary structures and services installed by Contractor upon completion of the Contract or as directed by Owner. Contractor shall make any repairs or alterations necessitated by such removal at Contractor’s expense.

G. Pestilence Control. Contractor shall guard against and, if necessary, exterminate rodents, termites, vermin, and other pests. All personnel on the project site shall be required to dispose of garbage and refuse in covered metal containers, which the Contractor shall furnish and empty regularly.

H. Pollution Control. Contractor shall comply with requirements of Owner and of governmental authorities have jurisdiction, regarding pollution control.

I. Contractor shall not disrupt or interrupt electric, gas, water, steam, or other utilities or services to existing structures without prior notice to Owner and then only at a definite time and for a definite duration as approved by Owner in writing.

J. If Work is to be performed upon or adjacent to an existing structure, the Work shall be executed in such manner as will not interfere with the continued free and comfortable use of the structure, walks and grounds. Contractor shall keep building exits and fire lanes clear of obstructions at all times.

K. Contractor shall provide designated smoking areas, separate from areas where work is actively being performed, for its employees and subcontractors.

6.18 Protection of Work, Property and Persons


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A. Contractor shall protect the Work, its employees and equipment, Owner’s property, adjacent property and the public from personal injury, loss, or property damage from any cause whatsoever.

B. Contractor shall be responsible for any injury, loss, or damage to any presently existing improvements on the premises caused by Contractor or its employees, agents, or subcontractors and in the event of such injury, loss, or damage, Contractor shall promptly make such repairs or replacements as required by Owner without additional cost to Owner.

C. Contractor shall provide and erect all planking, bridges, bracing, shoring, sheet piling, lights, and warning signs necessary for the protection of streets, adjacent property and the public. Contractor shall provide scaffolds, tarpaulins, and similar items as required to protect Owner’s equipment and employees. Contractor shall, if necessary, seal off its Work from Owner’s work so as not, to interfere with Owner’s operations.

D. During the progress of the Work, Contractor shall protect all finished Work as soon as it is erected and shall maintain such protection until no longer required.

E. The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items required by State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work subject to such safety regulations shall be fabricated, furnished, and installed in compliance with their requirements. Contractor shall be held responsible for compliance with the requirements included herein.

F. Contractor shall preserve and protect existing vegetation such as trees, lawns and shrubs which may be impacted by the Work and which are not to be removed. Contractor shall consult with Owner concerning trees to remain adjacent to the construction area. Contractor shall protect trees from stockpiling, vehicle driving and parking beneath tree canopies, dumping of refuse or chemically injurious materials or liquids, and continual puddling or running water. Contractor shall not remove more than six inches of existing soil or fill more than two inches over existing soil within six feet of trees to be saved, unless otherwise noted on grading plan. Contractor shall be permitted to remove interfering branches and roots only where absolutely necessary and without injury to trunks, and shall employ a qualified tree surgeon and arborist to remove branches or roots and to treat cuts.

G. Reference to Section 01 56 39 Temporary Tree and Plant Protection

ARTICLE 7 – OTHER WORK AT SITE

7.01 Related Work at Site

A. Owner reserves the right to let separate contracts in connection with the Work. Contractor

shall afford such other firms, contractors, or subcontractor’s adequate opportunity for the introduction and storage of their material and the execution of their work, and shall properly connect and coordinate its work with such other firms, contractors, or subcontractors.

B. Contractor shall cooperate with other firms, contractors, or subcontractors on the Work and with Owner so that all portions of the Work may be completed in the least possible time within normal working hours. Contractor shall furnish other firms, contractors, or subcontractors, whose work is fitted into Contractor’s, detail and erection drawings giving full information regarding the fabrication and assembly of Contractor’s work. When possible, drawings shall show checked field measurements.

C. Should Contractor cause damage to any separate firm, contractor, or subcontractor on the Work, Contractor agrees to use its best efforts to negotiate a settlement with such firm, contractor or subcontractor. Contractor shall defend, indemnify and save Owner harmless from any and all claims, losses, liability, or actions arising therefrom, even if Contractor was not negligent in causing the damage.


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ARTICLE 8 – OWNER’S RESPONSIBILITIES

A. Change Orders: Owner’s responsibility to execute Change Orders and Work Directives is

indicated in Paragraph 10.01C. B. Inspections: Owner’s responsibility in respect to certain inspections, test, and approvals is

set forth in Paragraph 13.02. C. Response for Data: Owner shall promptly furnish the information required of the Owner,

such as Work Change Directive, Contract Change Order, Request for Information, etc., under the Contract Documents.

D. Limitations of Owner’s Responsibilities: The Owner shall not supervise, direct, or have control or authority over, nor be responsible for contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or the failure to comply with Laws and Regulations in the performance of the Work.

ARTICLE 9 – ARCHITECT/ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Architect/Engineer is the interpreter of the drawings and specifications.

9.02 It is not incumbent upon Architect/Engineer or Owner to notify Contractor when to begin, cease or resume work, nor to give early notice of rejection of faulty work, nor in any way to superintend so as to relieve Contractor of any responsibility or of any consequences for neglect or carelessness by Contractor or its subordinates.

ARTICLE 10 – CHANGES IN THE WORK; CLAIMS

10.01 Changes in the Work

A. Within seven (7) days after receipt of a field change order and within five (5) days after receipt of an WCD for changes in the Work not covered by agreed-upon “unit prices,” Contractor shall submit to Owner a lump sum proposal, itemized by cost code, stating the amount to be added to or deducted from the Contract Sum and the effect, if any, on the schedule by reason of such changes. The amount for additional or deleted Work not covered by “unit prices” shall be determined as follows: a. For additional Work to be performed by Contractor’s subcontractors, Contractor shall

add an amount equal to each subcontractor’s direct costs for labor, materials, equipment rental, and transportation, plus ten percent (10%) thereof to cover all other charges for or in connection with such work. The costs for materials shall include taxes, if any. The percentage fee includes, but is not limited to, layout, supervision (field and home office), small tools and related items, general expenses, overhead, and profit of Contractor and its subcontractors.

b. For additional Work to be performed by Contractor’s own forces, Contractor shall add an amount equal to Contractor’s direct costs for labor, materials, equipment rental, and transportation, plus ten percent (10%) thereof to cover all other charges for or in connection with such work. The costs for materials shall included taxes, if any. The percentage fee includes, but is not limited to, all charges for layout, supervision (field and home office), small tools and related items, general expenses, overhead, and profit.

c. For work to be deleted, Contractor shall deduct an amount equal to the direct cost savings for labor, material, equipment, transportation, and taxes deleted form the


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work, plus ten percent (10%), to cover all other savings from, or in connection with, such deleted work. The costs for materials shall include taxes if any. The percentage fee includes only those charges for layout, supervision (field and home office), small tools and related items, general expenses, overhead, and profit attributable to the deleted work.

B. No fee or other markup of any kind will be applicable to any premium portion of wages, taxes, or related benefits.

C. If Contractor’s proposal, submitted in response to a field change order or WCD, is acceptable to Owner, Architect/Engineer will issue a contract change order within 30-days consistent with Contractor’s proposal.

D. If Owner and Contractor are unable to agree upon change order terms, or if in the opinion of Owner the Work must proceed before an agreement can be negotiated, Owner will issue a written order to Contractor to proceed with the changes, and the Contractor shall comply. In such event, Contractor shall keep daily records as to all labor employed concerning the changes. Contractor’s records shall itemize costs for labor, materials, equipment rental, and transportation. Contractor shall submit the records for approval by the OCR. If Contractor fails to keep such records, all Work will be deemed to have been performed at Contractor’s own expense. Owner and Contractor shall attempt to negotiate fair and reasonable adjustments to the Contract for changes in the Work. Contractor shall submit to Owner all evidence in support of Contractor’s proposal. In the absence of an agreement to the contrary, the changed work will be priced in accordance with Paragraphs A & B above.

E. When a schedule of unit prices for additions or deletions to the Work is made a part of the Contract, and in the event Owner issues a field change order or Owner RFP for additional or deleted Work to which unit prices are applicable, no percentage fee or other mark-up will be applied to scheduled unit prices. Owner will have the right to establish verification procedures for all Work performed under unit price Contract provisions.

F. In the event of addition and deletion of like items in a field change order or WCD, the like item quantity shall be summed and the unit prices or the percentage fee shall be applied to the total.

G. In no event shall Contractor proceed with changes in the Work without a Change Order from Owner to proceed. Owner will be under no obligation to pay for unauthorized extra, additional or changed Work performed by Contractor without a written Change Order or written order to proceed executed by Owner.

10.02 Claims

A. If Contractor claims that any written instructions issued after the effective date of this Contract, by drawings or otherwise, involve extra costs under the Contract, Contractor is not entitled to reimbursement for such extra costs unless Contractor notifies the Architect/Engineer and Owner in writing before proceeding to execute the Work and provides such notice within seven (7) days after receipt of such instructions.

B. Claims and demands for any other cause whatsoever, by Contractor against Owner, must be served in writing upon Architect/Engineer and Owner within fourteen (14) days from the occurrence of the cause thereof or Contractor will have waived such claims or demands, unless a shorter or longer period is otherwise expressly stated herein. In the event, Contractor’s failure to serve a timely written claim upon Architect/Engineer and Owner will constitute a waiver f that claim.

ARTICLE 11 – COST OF THE WORK; ALLOWANCES

11.01 The Contractor will include in the Contract Sum all Allowances stated in the Contract Documents.


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Items covered by allowances will be supplied for such amounts and by such persons or entities as the Owner may direct.

11.02 Unless otherwise provided in the Contract Documents:

A. Once reconciled allowances will cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts.

B. Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expense contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances.

C. Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between (1) actual costs and the allowances under 11.02(A) and, (2) changes in Contractor’s costs under 11.02(B).

D. Unless Owner requests otherwise, Contractor shall provide to Owner a proposed fixed price for any allowance work prior to its performance.

ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME

12.01 Premium Time

A. Owner reserves the right to accelerate the schedule from time to time, without cause, upon written direction to Contractor to so accelerate. If the forces of contractor or any of its subcontractors are required to work overtime as a result of such acceleration, Owner will reimburse Contractor for the premium portion of overtime wages paid plus applicable federal and state payroll taxes and other actual payroll costs attributable to the overtime premium. Reimbursement for such acceleration shall not include any overhead or profits of Contractor or its subcontractors on the premium portion of overtime wages.

B. Contractor shall keep and maintain accurate records of all overtime hours to be reimbursed and shall secure Owner’s approval of such records on a daily basis. Reimbursement shall be made based on such approved records by change order as provided herein.

C. This article shall have no application to overtime work that Contractor is required to perform due to its own failure to meet the Contract schedule or, without limitation, due to any other fault of Contractor.

12.02 Delays and Extension of Time

A. If Contractor is delayed at any time in the progress of the Work by any act or neglect of Owner, or by any other firm employed by Owner or by changes ordered in the Work, strikes, lockouts, fires, floods, earthquakes, or acts of God, acts of war, or public enemy, inability to obtain materials due to government restrictions, acts of public officials, or by any cause which Owner shall decide justifies the delay, then the schedule for completion of the Work shall be extended for a period equal to the delay so caused. No such delay shall be recognized unless it alone increases the overall critical path duration of the schedule in effect at the time of the delay.

B. No schedule extension shall be allowed for delay commencing more than five (5) days before claim therefore is made in writing to the Owner. In case of a continuing delay, only one claim is necessary.

C. No claim for delay shall be allowed Contractor on account of the Architect’s/Engineer’s or Owner’s failure to return drawings and shop drawings to Contractor until ten (10) working


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days after Owner’s receipt of a demand for such drawings, and not then, unless such claim is reasonable. Disapproval of drawings by Owner shall not be a claim for delay.

D. Extension of time of completion by Owner, if any, shall be Contractor’s sole remedy for delay, no matter how or by whom caused, and Contractor shall not be entitled to any increase in the Contract Sum or to damages or additional compensation as a consequence of such delays, provided however, Contractor shall be entitled to compensation for delays caused by Owner’s failure to obtain such permits as are Owner’s responsibility in a timely manner. Without limiting the generality of the previous sentence, and except for reimbursement of certain costs explicitly addressed at the end of this subsection, an extension of Contract time is Contractor’s sole remedy for any delays (including Owner’s failure or inability to obtain permits necessary for the Project) that are caused by or result from any legal action initiated by a third-party that arises out of or relates to the Project. Contractor acknowledges Owner has no control over whether or when a third-party would file such a legal action and therefore acknowledges that any delays occasioned by such legal actions are reasonable and an extension of time is an appropriate and exclusive remedy for such delays. If Contractor must cease Work on all or a part of the Project as a result of a legal action initiated by a third-party, Owner will: (1) compensate Contractor for those costs Contractor incurs to stabilize and control erosion on the Site during the period Work has stopped; and (2) compensate Contractor for any appreciable increase in the cost of Work-related materials (e.g. rock, asphalt, etc.) Contractor incurs once Work resumes. An “appreciable” increase under this section is a five percent (5%) or greater increase relative to Contractor’s original Bid price for the material.

E. Contractor shall cause each subcontract or agreement with material suppliers to contain a provision limiting remedies of subcontractors and suppliers for delay to those allowed the Contractor under Paragraph D, above.

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTIONS

13.01 Defective Material

A. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of good quality. All workers and subcontractors shall be skilled in their trades. Contractor shall furnish evidence of the skill of its workers and subcontractors upon the request of Owner.

B. Contractor shall at all times enforce strict discipline and good order among its employees and all subcontractors, and shall not employ or keep on the job any employee or subcontractors’ employees whom Owner deems undesirable or unfit. If Owner requires Contractor not to employ or keep on the job any employee or subcontractors’ employees, Contractor shall promptly comply without any additional costs to Owner or any increase in the Contract Sum.

13.02 Tests and Inspections

A. Contractor shall permit and facilitate observation or inspection of the Work by Owner, Owner’s representatives, and governmental authorities having jurisdiction, at all times when the Work is in preparation or progress.

B. The costs for inspections or tests not required by the specifications, but which Owner requests, will be borne by Owner, except where Contractor’s Work fails any inspection, Contractor will pay the costs of that inspection. All inspection requests of Owner shall be complied with.


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C. All tests shall be performed by a testing agency approved by Owner and shall be in accordance with the current standards of the American Society for Testing and Materials, unless otherwise specified by Owner. Contractor shall furnish Owner with two (2) copies of the test procedures used.

D. Acceptance by Owner of test data or inspections of any portion of the Work by Owner shall not relieve Contractor of its obligation to perform the Work as required by the Contract.

E. Operating equipment and systems shall be performance tested in the presence of Architect/Engineer to demonstrate compliance with the specified requirements. Performance testing shall be conducted under the specified design operating conditions or under such simulated operating conditions as recommended or approved by Architect/Engineer. Contractor shall schedule such testing with Architect/Engineer at least one (1) week in advance of the planned date for testing. All costs of performance testing shall be borne by Contractor.

F. Failure of Architect/Engineer or Owner, during the progress of the Work, to discover or reject defective Work or Work not in accordance with the drawings and specifications shall not be deemed an acceptance thereof or a waiver of Owner’s right to proper execution of the Work. No partial or final payment or partial or entire occupancy of the premises by Owner shall be construed to be an acceptance of Work or materials which are not strictly in accordance with the Contract, or a waiver of Owner’s rights.

G. If any Work is covered up without approval of Owner or Architect/Engineer, it shall be uncovered for examination, and, after examination, Contractor shall perform all re-work required to correct defective work and restore it to the condition called for by the Contract. In such case, the cost of uncovering the Work and of all re-work involved shall be borne by Contractor.

H. If Owner or Architect/Engineer must perform re-inspections due to failure of the Work to comply with requirements of the Contract Documents during final inspection, Owner may deduct its costs and Architect’s/Engineer fee for such additional services from the final payment due Contractor.

I. Contractor shall furnish, without charge, samples of materials or products as requested by Owner or Architect/Engineer, whether or not specifically called for in the Contract. Contractor shall not incorporate any such material or product into the Work until after Owner or Architect/Engineer has approved the samples submitted in writing. The samples shall be submitted to give Owner and Architect/Engineer ample time for review, selection or approval so as to not delay the Work.

13.03 Connecting the Work

A. Contractor shall do all cutting, fitting, and patching that may be required to make the several parts of the Work come together properly and to fit Contractor’s Work to receive or be received by the work of other firms as shown upon or reasonably implied by the drawings and specifications. After others have finished their work, Contractor shall promptly complete and finish the Work as Owner may direct.

B. Contractor shall not endanger, cut, or alter the work of any other firm without the consent of Owner.

C. Requirements for additional cutting, fitting, and patching resulting from Contractor’s defective or untimely Work shall not be a basis for additional cost to Owner.

D. If any part of the Work depends for proper execution or maximum durability upon the work of any other firm, Contractor or its subcontractor(s) shall inspect said work before commencing its own Work and shall make known, for approval by Owner, any departures


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from the drawings and specifications. Failure of Contractor to observe these requirements shall bar Contractor from claiming thereafter that defects in its own Work are due to defects in the work of others, unless Contractor submits clear and convincing evidence that a thorough inspection of said other work was made before Contractor’s Work went forward and that tests which were reasonable and customary failed to disclose the defects which later appeared.

E. Where it is necessary to connect to existing facilities, Contractor shall not interrupt Owner’s operations to make such connections, but the Work shall be done according to a schedule convenient to, and approved in writing by, Owner. Any overtime, necessary for such connections shall be at Contractor’s expense.

ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Progress Payments

A. Owner will make progress payments to Contractor on account of the Contract Sum as

follows: a. On or before the twentieth (20th) day of each month, Contractor shall submit a

statement indicating the value of labor and materials acceptably incorporated into the Project during that calendar month. All such statements shall be paid by the tenth (10th) day of the following month.

b. There shall be a five percent (5%) retention of all sums due. The retention shall be paid to Contractor with final payment.

c. Partial payments shall not constitute acceptance by Owner of Contractor’s Work nor be construed as a waiver of any right or claim by Owner in connection with the Work.

B. Contractor shall submit invoices with a detailed cost breakdown C. Contractor shall keep the Project, including any structure or the land upon which the Project

is erected free and clear of all liens, claims, security interests or encumbrances in favor of any person and arising by reason of having provided labor, materials or equipment relating to the Work. Contractor shall indemnify and hold Owner, the Project, and the real property harmless from and against any liens, notices, or claims that may be filed in connection with Contractor’s performance under this Contract or with construction of the Work, including without limitation, damages, costs, or attorney fees arising therefrom.

D. Applications for Payment shall include the value of materials or equipment not incorporated in the Work, but delivered and suitably stored at the site or at some other location agreed upon in writing by the parties hereto. Contractor warrants that title to all equipment and materials shall pass to Owner upon Owner’s payment therefore or upon incorporation into the Work, whichever occurs first. Contractor shall prepare and execute all documents necessary to effect and perfect such transfer of title. Title thereto shall vest in Owner provided, however, the vesting of title shall not impose any obligation on Owner or relieve Contractor of its obligations under the Contract

E. Contractor shall submit an updated schedule with each application for payment. Payment will not be processed without all required information.

14.02 Substantial Completion

A. When Contractor considers Work to be reasonably ready for its intended use, Contractor

shall notify Architect/Engineer and Owner in writing that the Work substantially complete and request that a certificate of Substantial Completion be issued by Architect/Engineer and/or Owner.


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B. Upon receipt of Contractor’s written notice, the Architect/Engineer and Owner will promptly make an inspection of the Work to determine the status of completion. If Architect/Engineer and/or Owner do not consider the Work substantially complete, Contractor will receive written response as to the reasons therefore.

C. If Architect/Engineer and/or Owner consider the Work substantially complete, Architect/Engineer and/or Owner will issue a tentative certificate of Substantial Completion. A list of items that require completion or corrected shall be attached.

14.03 Final Inspection and Payment

A. Upon receipt of written notice that the entire Work or an agreed portion thereof is ready for

final inspection and acceptance, the Architect/Engineer and Owner will promptly make such inspection. If Architect/Engineer and/or Owner will notify the Contractor in writing al the particulars in which the inspection is incomplete or defective.

B. Upon receipt of written notice that the Work is ready for final inspection and acceptance, the Architect/Engineer and Owner will promptly make such inspection. Owner will make final payment to Contractor approximately thirty (30) days after Owner’s acceptance of the completed Work.

C. Before submitting application for final payment, Contractor shall remove all equipment from the project and complete Contract closeout procedures.

D. By acceptance of the final payment, Contractor warrants that it has received payment in full for its performance of the Contract and waives all further claims against Owner in connection with the Work. Final payment by Owner shall be conclusive proof of Owner’s performance of the Contract.

14.04 Owner’s Right to Withhold Payment

A. Owner shall have the right to withhold from payments due Contractor such sums as necessary, in Owner’s sole opinion, to protect Owner against any loss or damage which may result from negligence or deficient Work by Contractor; failure by Contractor to perform its obligations, including failure to maintain satisfactory progress of the Work; or claims against Contractor or Owner relating to Contractor’s performance or work. In addition, Owner may withhold payments from Contractor for damages, caused by Contractor, for which no adjustment is made, or any subcontractors; and where reasonable evidence indicates a claim will be filed against Owner or the property.

B. If Contractor fails to take prompt and adequate action to bring the Work on schedule or to correct deficiencies in the Work, or to perform any other obligations, Owner shall have the right to perform such Work or cure any default by Contractor as Owner deems necessary, and to credit the cost thereof against payments due Contractor.

14.05 Owner’s Right to Occupy

A. Owner has the right to occupy or use, ahead of schedule, all or any substantially completed or partially completed portion of the Work, notwithstanding the time of completion for all of the Work. If occupancy or use increases the cost of the Work (other than for delay or for corrections which are Contractor’s responsibility), Contractor shall be entitled to extra compensation. If such occupancy or use delays completion of the Work, Contractor shall be entitled only to any extension of time. Claims for such extra compensation or extension of time, or notification to Contractor of Owner’s intent to so occupy or use, shall be made


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within five (5) days of the event giving rise to the claim for extra compensation or extension of time, or not later than five (5) days prior to Owner’s intended date of occupancy or use.

B. After Owner has taken occupancy of all or any substantially completed portion of the Project, Contractor shall not disrupt the use and occupancy thereof to make corrections in the Work but shall, at Owner’s discretion, make such corrections at Contractor’s expense outside of Owner’s normal hours of operation.

14.06 Owner’s Right to Review Financial Documents

A. If Owner has a reasonable basis to believe that your company has defaulted on payment(s)

to a sub-contractor or vendor, or otherwise may not have adequate financial resources necessary to meet all contractual responsibilities, Owner shall have the right to request a review your company financial statements. Financial statements to be reviewed shall include a minimum of the past 2 years annual statements and the most recent month-end statements. Such financial statements will be kept confidential and reviewed in the presence of the company’s representative. Such financial statements shall not be kept by Owner or become a part of Owner’s business records without your company’s written consent.

Financial documents include: Company balance sheet Income statement Cash flow statement Lines of credit, credit card accounts and/or current liability

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.01 If Contractor fails to commence the Work in accordance with the provisions of the Contract; fails

to diligently prosecute the Work to completion in a timely, efficient, workmanlike, skillful and careful manner, and in strict accordance with the provisions of the Contract (including the scheduled completion date and any interim scheduled milestone dates); fails to deploy adequate qualified personnel or equipment to complete the Work on time; fails to perform any of its obligations under the Contract; or fails to make prompt payments to its subcontractors, material suppliers, or laborers, Contractor must cure any such default within seven (7) days after written notice of the default or Owner shall have the right to (I) terminate the Contract; (ii) take possession of all or any part of Contractor’s materials, equipment, supplies, and other property of any kind used in the performance of the Work and to use such property including engaging the services of other parties therefore. No action taken by Owner hereunder shall be deemed a waiver of any other right or remedy. If the cost to Owner of performing the balance of the Work is more than the balance of the Contract Sum that has not been paid to Contractor, Contractor shall be liable, and shall reimburse Owner, for such excess.

A. If Contractor fails to prosecute the Work properly; or fails to perform any provision of the

contract; or does, or omits, anything whereby safety or proper construction may be compromised or whereby damage or injury may result to persons or property, after three (3) days’ written notice to Contractor, Owner shall have the right to make good all omissions or deficiencies and may deduct the cost therefore from the Contract Sum. No action taken by Owner hereunder shall affect any other rights or remedies of Owner or relieve Contractor from any consequences or liabilities arising form such acts or omissions.

B. Owner may stop or suspend the work, in whole or in part, or terminate the Contract for public interest and without cause by giving seven (7) days’ prior written notice of suspension or termination to Contractor. In such event, the Contract price shall be


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adjusted with respect to the Work completed at the time of termination. Owner will pay Contractor for Work completed according to payment provisions of the Contract and Owner will reimburse Contractor for all costs necessarily incurred in organizing and carrying out the stoppage of the Work and paid directly by Contractor. Owner will not reimburse Contractor for any continuing contractual commitments to subcontractors, material men, or others, or for penalties or damages for canceling such contractual commitments inasmuch as Contractor shall make all subcontracts and other commitments subject to this provision. Contractor is not entitled to lost profits due to termination under any circumstances.

C. Contractor and Owner recognize that if Contractor is adjudged bankrupt, or makes a general assignment for the benefit of creditors, or if a receiver is appointed for the benefit of its creditors, or if a receiver is appointed on account of its insolvency, such could impair or frustrate Contractor’s performance of the Contract. Accordingly, Contractor and Owner agree that upon the occurrence of any such event, Owner may request have Contractor, or its successor in interest, assurance of future performance in accordance with the Contract. Upon failure to comply with such request within ten (10) days of the request, Owner may terminate the Contract.

D. If Owner stops or suspends the Work, or terminates the Contract, and an arbitrator or a court determines that Owner’s termination was wrongful, such termination will be deemed converted to a termination without cause, set forth above, and Contractor’s remedy is limited to the recovery of the payments permitted for such termination for public interest and without cause as set forth in subparagraph C, above.

E. Termination by Owner shall not constitute any waiver of rights, claims or causes of action Owner may have against Contractor.

ARTICLE 16 – DISPUTE RESOLUTION

16.01 Mediation

Notwithstanding any contrary provisions in the Contract, express or implied, Contractor and Owner agree that any dispute that may arise under the Contract will be submitted to a mediator agreed to by both parties as soon as such a dispute arises, but in any event as a condition precedent to commencement of litigation. Such mediation shall occur at a location agreed upon by all parties. Mediation fees and expenses shall be shared equally by the parties who agree to exercise their best efforts in good faith to resolve all disputes in mediation. Mediation will proceed according to the then-effective procedures and costs established by the Arbitration Service of Portland, Inc. Completing mediation is a condition precedent to filing any action in court, without limitation.

16.02 Litigation

Notwithstanding any contrary provisions in the Contract, express or implied, if a dispute is not resolved by mediation, either party may file a lawsuit to resolve the dispute in a court with proper jurisdiction in Washington County, Oregon. Any trial will be to the court without a jury. In any suit or action instituted to enforce any right granted herein, each party will be responsible for its own costs and fees, including attorney and expert fees.


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ARTICLE 17 - MISCELLANEOUS

17.01 Temporary Sign

Contractor may at no cost to Owner provide a suitable temporary sign acceptable to the Owner advertising the Work and indicating thereon the title of the project and name of Architect/Engineer and Contractor. The sign shall be approximately 4 feet by 8 feet. Layout, text and location of such sign shall be as approved by Owner. No other signs advertising the Work will be permitted.

ARTICLE 18 – PUBLIC CONTRACTING

18.01 The Contract concerns public works of a municipality and the applicable statutes of the State of

Oregon shall apply. 18.02 The provisions set out in Oregon Revised Statutes Chapters 187, 279A, 279B and 279C, as

amended or superseded, including the latest additions and revisions, are incorporated by reference as part of the Contract Documents. In addition, the specific requirements of certain of these sections are set out below.

18.03 Pursuant to ORS 279C.505(1)(b), Contractor shall make payment promptly, as due, to all persons

supplying such Contractor labor or Contractor shall pay all contributions or amounts due the Industrial Accident Fund (IAF) from such Contractor or subcontractor incurred in the performance of the Contract. Contractor shall not permit any lien or claim to be filed or prosecuted against the State, County, school district, municipality, Municipal Corporation, or subdivision thereof, on account of any labor or material furnished. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

18.04 Pursuant to ORS 279C.505(2), Contractor shall demonstrate that an employee drug-testing

program is in place. 18.05 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 Contractor or a subcontractor by any person in connection with this Contract as such claim becomes due, Owner may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due Contractor by reason of such Contract. Owner’s payment of such a claim in the manner authorized by ORS 279C.515(4) shall not relieve Contractor or Contractor’s surety from obligation with respect to any unpaid claims.

18.06 Pursuant to ORS 279C.515(2), if 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 contract for public improvement within thirty (30) days after receipt of payment from the Owner or Contractor, the Contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the ten (10) day period that payment is due under ORS 279C.580(4) and ending upon payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

18.07 Pursuant to ORS 279C.515(3), if Contractor or a subcontractor fails, neglects, or refuses to make

payment to a person furnishing labor or materials in connection with the public 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.


SECTION 00 72 00

GENERAL CONDITION


Rev. 03/13 00 72 00 - 25

18.08 Pursuant to ORS 279C.520, no person shall be employed for more than ten (10) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as described in ORS 279A.055, the employee shall be paid at least time and one-half pay: (a) for all overtime in excess of eight (8) hours a day, or forty (40) hours in any one week, when the work week is five (5) consecutive days, Monday through Friday; or (b) for all overtime in excess of ten (10) hours a day, or forty (40) hours in any one week when the work week is four (4) consecutive days, Monday through Friday; and (c) for all work performed on Saturday, Sunday and on any legal holidays specified in ORS 279C.540. This provision does not modify in any way Article 32.

18.09 Pursuant to ORS 279C.530, Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums which Contractor agrees to pay for such services and all monies and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service.

18.10 All subject employers working under the contract are either employers that will comply with ORS

656.017 or employers that are exempt ORS 656.126. 18.11 Except as limited by Oregon Revised Statutes, Contractor shall pay his/her workers and require

his/her subcontractors to pay their workers the prevailing rate of wage as required in ORS 279C.800, and shall comply with all other requirements contained therein. The specifications to this Contract contain a provision stating the existing prevailing rate of wage which may be paid to workers in each trade or occupation required to perform the Work, or contracting to do the whole or any part of the Work contemplated by this Contract, and such workers shall be paid not less than such specified minimum hourly rate of wage.

18.12 Contractor shall pay to the Commissioner of the Bureau of Labor and Industries the fee for costs

of administering prevailing wage law as provided in ORS 279C.825 pursuant to the administrative rules of the Commissioner.

18.13 Pursuant to ORS 279C.580, Contractor shall include in each subcontract for property or services

entered into by the Contractor and a first-tier subcontractor, including a materials supplier, for the purpose of performing the Contract: (1) a payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract within 10 days of Contractor’s receipt of such amounts as are paid to the Contractor by the Owner under this Contract; and (2) any interest amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract, above, (a) for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (b) computed at the rate specified in ORS 279C515(2).

18.14 Contractor shall include in each of its subcontracts a provision requiring the subcontractor to

include a payment clause and interest penalty conforming to the standards set forth above and to include such clauses in their subcontracts with each lower-tier subcontractor or supplier.

END OF GENERAL CONDITIONS

TUALATIN HILLS PARK & RECREATION DISTRICT Supplementary Conditions

Rev. 03/13 00 73 00 - 1

SECTION 00 73 00

SUPPLEMENTARY CONDITIONS

PART 1 GENERAL

1.1 SUMMARY

A. Document Includes: 1. Supplementary Conditions.

B. Related Sections: 1. Section 00 52 13 – Contract Agreement. 2. Section 00 72 00 – General Conditions.

1.2 SUPPLEMENTARY CONDITIONS

A. These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract, and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect.

B. The terms used in these Supplementary Conditions, which are defined in the General Conditions of the Construction Contract, have the meanings assigned to them in the General Conditions.

1.3 SUPPLEMENTARY CONDITIONS

A. The Supplementary Conditions are as follows:


Rev. 03/13 00 73 00 - 2

Supplementary Conditions

Between

TUALATIN HILLS PARK & RECREATION DISTRICT, hereinafter referred to as District

And

, herein referred to as Contractor. The following additional provisions are hereby made a part of the above stated contract.

1.1 CONTRACTOR’S OBLIGATIONS: The Contractor shall:

A. Provide and maintain all guards, barriers, railings, lights, signage, warnings and watchmen required by statute or necessary to fully protect all persons from loss, damage or injury arising out of the Contractor’s work. Any damage to adjoining premises or public property arising out of the Contractor’s work shall be the sole responsibility of the Contractor and shall be repaired at the cost and expense of the Contractor.

B. Demonstrate that the Contractor has an employee drug-testing program in place and maintain the same during this contract.

C. Make payment promptly as due to all persons supplying to such Contractor labor or material for the prosecution of the work provided for in the contract.

D. Pay all contributions or amount due the State Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract.

E. Not permit any lien or claim to be filed or prosecuted against the District on account of any labor or materials furnished.

F. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.

G. The Contractor shall comply with all federal, state and local statutes and ordinances dealing with the prevention of pollution and the preservation of natural resources, including DEQ, Clean Water Services, Washington County and all federal agencies.

H. The Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all moneys and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service.

I. The Contractor, its Subcontractors, if any, and all employers working under this contract, are subject employers under the Oregon Workers’ Compensation Law and


Rev. 03/13 00 73 00 - 3

shall comply with ORS 656.017, which requires them to provide workers’ compensation coverage for all their subject workers.

J. In addition to required performance bonds which may be used for unpaid wages, the Contractor and subcontractors are required to file a $30,000 public works bond with the Construction Contractors Board

1.2 In the event the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a Subcontractor in connection with this contract, then the General Manager of the District may pay such claim and charge the amount of payment against the funds due or to become due the Contractor under this contract. The payment of the claim by the District in the manner authorized by this paragraph shall not relieve the Contractor or its surety from their obligation with respect to any unpaid claim.

1.3 If the Contractor or a first-tier subcontractor fails, neglects or refuses to may payment to a person furnishing labor or materials in connection with the public contract for a public improvement within 30 days after receipt of payment from the public 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(3) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580.

1.4 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 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.

1.5 HOURS OF EMPLOYMENT. No person shall be required or permitted to labor for more than ten (10) hours in any one day for forty (40) hours in any one week, except in cases of necessity, emergency or where the public policy absolutely requires it, and in such cases, the laborer shall be paid at least time and one-half pay for all overtime in excess of eight (8) hours a day and for work performed on Saturday and on any legal holiday specified in ORS 279C.520. However, when specifically agreed to under a written labor-management negotiated labor agreement, a laborer may be paid at least time and one-half pay for work performed on Veterans’ Day or on any legal holiday specified in ORS 279C.540.

1.6 WAGE RATE. The hourly wage rate to be paid by the Contractor or by any subcontractor to workmen of the project shall not be less than the prevailing wage rate of wages for an hour’s work in the same occupation in Washington County, Oregon, and in this respect, all workmen shall be paid not less than the minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor. The Contractor shall file the appropriate Public Contract Information Form and pay the required fee to the Bureau of Labor as required by ORS 279C.830 and the Contractor and all subcontractors shall file certified payroll statements with the District and do all other things necessary to comply with the prevailing wage section of ORS Chapter 279C.

1.7 OWNERSHIP OF WORK. All work products of the Contractor, including background data, documentation and staff work that is preliminary to final reports, which result from this contract are the exclusive property of the District. If this contract is terminated by


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either party or by default, the District, in addition to any other rights provided by this contract, may require the Contractor to transfer and deliver such partially completed reports or other documentation that the Contractor has specifically developed or specifically acquired for the performance of this contract.

1.8 LIABILITY INSURANCE. Before commencing the work, the Contractor shall procure and thereafter during the course of construction continue to carry the following insurance at Contractor's cost:

K. Public liability insurance covering Bodily Injury and Property Damage in a responsible company with limits of not less than $1,000,000 each occurrence and $2,000,000 general aggregate. Automobile Liability limits of $1,000,000 per occurrence combined Bodily Injury and Property Damage for owned and non-owned exposures. Such insurance shall cover all risks arising directly or indirectly out of Contractor’s activities on the District’s premises.

L. Certificates evidencing such insurance and bearing endorsement requiring thirty (30) days written notice prior to any change or cancellation shall be furnished to the District prior to commencement of the work. All such policies shall name the District as an additional insured party.

M. Workers’ Compensation from the Oregon State Accident Insurance Fund Corporation or from a responsible private carrier. Private insurance shall provide the schedule of employee benefits required by law and shall provide employer's liability coverage with limits of at least $500,000 for injury to one person and $500,000 for injury to two or more persons in one occurrence. Contractor shall supply District with satisfactory evidence of public coverage or with certificates of private coverage in the same form as required above for Contractor's general liability insurance.

1.9 LIABILITY TO THIRD PERSONS. The Contractor shall pay, as due, all claims for work done on and for services rendered or materials furnished in connection with the work and shall keep the District's premises free from any liens. If the Contractor fails to pay any such claims or to discharge any lien, the District may do so and may deduct the cost from the contract price.

1.10 COORDINATION. The owner will contract with an independent firm for technical and construction special testing. The independent firm will perform tests, inspections and other services as specified in the contract documents. Contractor shall coordinate with independent firm per contract documents.

1.11 PROJECT REPRESENTATIVE. The owner will provide a project manager to represent the owner during the construction. In general, services are anticipated to include: on-site oversight of the day to day construction activity, schedule and budget management, attendance of weekly construction meetings, authoring weekly project progress reports and review and edit the contractors weekly construction meeting minutes, review of payment requests, change orders, and requests for information, record keeping and serving as the owner’s representative for the duration of the construction.


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IN WITNESS WHEREOF, the Contractor and the District have caused this addendum to be executed on this day of , 20 . TUALATIN HILLS PARK & RECREATION DISTRICT By: Date Keith D. Hobson Director of Business and Facilities [COMPANY] By: Date Name of authorized representative Title

END OF DOCUMENT

TUALATIN HILLS PARK & RECREATION DISTRICT Prevailing Wage Rates

Rev. 05/11 00 73 43 - 1

SECTION 00 73 43

PREVAILING WAGE RATES

PART 1 GENERAL

1.1 SUMMARY

A. The Prevailing Wage Rates for Public Works Contracts in Oregon published bi-annually by

the Oregon Bureau of Labor and Industries is in effect for this project.

B. The relevant BOLI prevailing wage documentation can be found at

www.oregon.gov/BOLI/WHD/PWR/index.shtml

END OF DOCUMENT

http://www.oregon.gov/BOLI/WHD/PWR/index.shtml

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