HomeMy WebLinkAboutItem 07 P21137 Springfield Traffic Systems Modernization (Radio Systems)AGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
5/2/2022
Regular Meeting
Scott Miller
541-726-3673
Consent Calendar
Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: BID AWARD FOR PROJECT P21137; Springfield Traffic Modernization (Radio
Systems)
ACTION
REQUESTED: Approve or reject the following motion:
TO AWARD THE SUBJECT CONTACT TO L.R. BRABHAM INC. FOR THE
AMOUNT OF $149,610.
ISSUE
STATEMENT:
Two bids were received for this Traffic Modernization project. Contract award is
now necessary to enable work to proceed. This work is needed to replace the
existing radio system that was made obsolete when the Federal Communications
Commission reallocated the radio frequency to non-govermental purposes, and to
replace legacy wireline modem communications, both of which serve as
communications between traffic signals and the central signal managment system
on City computer network servers.
ATTACHMENTS:
1. Bid Summary
2. Contract
DISCUSSION/
FINANCIAL
This project consists of installing Radio Signals forty-five (45) traffic signals and
IMPACT:
installing new radio equipment at the 120ft base station tower located on
Willamette Heights.
The following bids were received and opened on March 24t'', 2022.
Engineers Estimate: $110,200
L.R Brabham Inc. $149,610
AAKEN Corp. $745,200
L.R Brabham Inc. is the low bidder on this project. Funding for this project is from
the traffic modernization funds, which includes match funds from ODOT.
SPRINGFIELD
SUMMARY OF UNIT PRICE BIDS RECEIVED:
PROJECT. Springfield Traffic Systems Modernization - Radio Systems
PROJECT NO. #P21137
City's Notice of Intent to Award as required by ORS 279C.375
It is the policy of the City of Springfield to award Contracts to the Responsible Bidder submitting the lowest
Responsive Bid. The City of Springfield reserves its right to reject any or all bids not in compliance with all
prescribed public bidding procedures and requirements, waive minor irregularities not affecting substantial rights,
and may reject for good cause any or all bids upon a finding of the City of Springfield that it is in the best public
interest to do so, and accept such bids that in the opinion of the Springfield City Council are in the best interest of
the City of Springfield. Please be informed that the City intends to award a contract to the Bidder so designated.
Lowest Responsive Bidder:
L.R. Brabham, Inc.
Attachment 1, Page 1 of 1
ENGINEER'S
UNIT PRICE
ENGINEER'S
EXTENDED UNIT
L.R.
Brabham,
Inc.
AAKEN
CORP
ITEM Radio Equipment
Signal Type
Approx. installed Locations to be
Per
EXTENDED
NO.
ESTIMATE
PRICE ESTIMATE
UNIT PRICE
EXTENDED PRICE
PRICE
1 Radio, POE, Cat5e
Backhaul
1
EA
$
2,000.00
$ 2,000.00
$ 2,145.00
$
2,145.00
$ 9,600.00
$
9,600.00
2 Radio, POE
Traffic Shop
1
EA
$
500.00
$ 500.00
$ 1,125.00
$
1,125.00
$ 13,000.00
$
13,000.00
3 Radio, Mount, POE, Modem, Cat5e
Veh/Ped
40
EA
$
2,500.00
$ 100,000.00
$ 2,985.00
$
119,400.00
$ 12,895.00
$
515,800.00
4 Switch, Rack, Modem
Veh/Ped
2
EA
$
600.00
$ 1,200.00
$ 825.00
$
1,650.00
$ 12,000.00
$
24,000.00
5 Switch, Radio, Mount, POE, Modem, Cat5e
Veh/Ped
1
EA
$
2,500.00
$ 2,500.00
$ 3,245.00
$
3,245.00
$ 15,000.00
$
15,000.00
6 Install Base Station Radio
n/a
1
LS
$
3,500.00
$ 3,500.00
$ 8,840.00
$
8,840.00
$ 28,900.00
$
28,900.00
7 Temporary Traffic Control
n/a
1
LS
$
2,500.00
$ 2,500.00
$ 13,205.00
$
13,205.00
$ 138,900.00
$
138,900.00
PROJECT BID ITEM -TOTAL
$ 110,200.00
lis
149,610.00
1
$
745,200.00
Percent Over or Under Engineer's Estimate
35.76%�
576.23%
Attachment 1, Page 1 of 1
6kOREGO
FIELD
CITY OF SPRINGFIELD CONTRACT rl
State and Local Funding Sources
Project No. P21137
Project Title: Springfield Traffic System Modernization — (Radio Signals)
Description: This work shall include all materials and labor to install, test, and place in service a Subscriber
Radio at forty-five (45) traffic signals within the City limits. This work shall also include all materials, and
labor to install, test, and place in service the Base Station radio located atop the 120ft tower on Willamette
Heights. All work on the Subscriber Radios and the Base Station shall be as recommended by the
manufacture, as described in the Special Provisions, and/or as directed by the Engineer.
THIS CONTRACT, made and entered into this day of , 2022, between the City of
Springfield, under and by virtue of the Charter, Laws, and Ordinances of the said City of Springfield, and the
laws of the State of Oregon, and L.R. Brabham hereinafter called the Contractor.
WITNESSETH:
That in consideration of the payments, covenants and contracts hereinafter mentioned, attached and made a
part of this Contract, to be made and performed by the parties hereto, the parties hereto covenant and
agree as follows:
1. GENERAL REQUIREMENTS
This Contract, signed by both parties, supersedes all prior and contemporaneous oral or written
communications between the parties, their agents and representatives. This Contract, as signed by both
parties, shall be composed of each and every one of the following listed parts and all approved revisions
thereto; and shall be interpreted so as to give the effect to the purpose of the Contract. In the event of a
conflict or ambiguity, the precedence provision of Section 104.03 shall apply.
1. Change Orders
2. Addenda to the Special Provisions
3. Special Provisions
4. Addenda to General Conditions and Standard Specifications
5. General Conditions and Specifications
6. Contract Plans
7. Standard Drawings
8. Instruction to Bidders
9. Bid Proposal
The Contractor shall furnish all materials, tools, equipment, labor, and do all work necessary and incidental
to completing this Contract, in accordance with the requirements of the documents pertinent thereto,
including those listed in Section 104.02 of the Standard Specifications in their entirety, which are also set
forth hereinabove.
The Contractor shall so complete this Contract and present same to the City on or before the time specified
in the Bid Proposal. The total probable estimated cost of the Contract as stated on the Bid is One hundred
and forty-nine thousand, six hundred and ten dollars ($149,610). It is agreed that the actual final total cost
per item and total Contract may vary in accordance with the provisions of the Bid, Section 102.10 of the
Standard Specifications, and Article 4 of the Instructions to Bidders.
ITB6-BIL Revol/28/I9 Attachment 2, Page 1 of 13 Page 1 of 13
2. CONTRACT COMPLETION
The City of Springfield hereby promises and agrees, with the Contractor, to contract with and does hereby
contract with the Contractor to complete this Contract in accordance with the above requirements, including
any change orders, provided that a reasonable and equitable change order can be agreed upon between the
Contractor and the City. In event of failure to so agree on any required change order, the City may then
proceed with such work in any manner the City may elect. Such a situation and action by the City shall in no
way relieve either the Contractor or the City of their respective obligations and responsibilities regarding all
other requirements of this Contract.
3. FULL PERFORMANCE BY CONTRACTOR
The Contractor, for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby
agree to the full performance of all the covenants herein contained upon the part of the Contractor.
4. NO LIABILITY TO CITY
It is further provided that no liability shall attach to the City by reason of entering into this Contract, except
as expressly provided herein.
5. CITY BONDING
The Contractor shall file with the City of Springfield at the time of execution of this Contract both a
Performance Bond and Payment Bond issued by a surety company registered to issue bonds in the State of
Oregon, and utilizing bond forms acceptable to the City. The City will accept AIA Document A312-2010
Performance and Payment Bonds (sample forms enclosed). The Bonds may not be altered.
The bonds shall be in the amounts of one hundred percent (100%) of this Contract. All bonding shall
remain in force for one (1) year after the date of City Council acceptance of the work, to cover all
guarantees against defective workmanship and materials and execution of and in accordance with this
Contract, and to guarantee payment to all persons supplying labor and materials for the construction of the
work. Failure to maintain the proper bonding shall be grounds for immediate termination of the Contract.
6. HOLD HARMLESS AND INDEMNIFICATION
The Contractor shall defend, indemnify and hold harmless the City from and against all liability or loss and
against all claims or actions based upon or arising out of damage or injury to persons or property caused by
or sustained in connection with performance of this Contract by the Contractor except, pursuant to ORS
30.140, for losses, claims, or actions resulting from the sole negligence of the City.
The Contractor shall assume all responsibilities for the work, and bear all losses and damages directly or
indirectly resulting to the Contractor, the City, or to others on account of the character or performance of the
work, unforeseen difficulties, accidents, or any other causes whatsoever. The Contractor shall assume
defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims,
liability, loss, damage, and injury of every kind, nature and description, directly or indirectly resulting from
activities in the performance of the Contract, the ownership, maintenance or use of motor vehicles in
connection therewith, or the acts, omissions, operations, or conduct of the Contractor or any Subcontractor
under the Contract or any way arising out of the Contract, irrespective of whether an act, omission or
conduct of the City connected with the Contract is a condition or contributory cause of the claim, liability
loss, damage or injury and irrespective of whether act, omission, or conduct of the Contractor or
Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. The
Contractor shall not be liable for, nor be required to defend or indemnify, the City relative to claims for
damage or damages resulting solely from acts or omissions of the City, its officials, agents, or employees.
The absence of or inadequacy of the liability insurance required in section 7 shall not negate Contractor's
obligations in this paragraph.
7. INSURANCE
All insurance shall carry a rating of A- or better with A. M. Best and must be approved by the City as to
terms, conditions and form prior to beginning work. Certificates of insurance evidencing all policies and
endorsements required by this Contract shall be delivered to the Owner prior to the commencement of any
work. The Owner has the right to reject any certificate or endorsement for unacceptable coverage and/or
ITB6-BIL Rev01/28/19 Attachment 2, Page 2 of 13 Page 2 of 13
companies.
A. Liability and Property Damage
The Contractor shall maintain in force for the duration of the Contract, to include the warranty period, a
Commercial General Liability insurance policy written on an occurrence basis with limits not less than
$2,000,000 per occurrence and $3,000,000 in the aggregate. The policy will be endorsed with
Additional Insured, Per Project Aggregate, Products and Completed Operations and Primary and
Noncontributory endorsements. The City, its employees, officials and agents will be named as Additional
Insured's where operations are being conducted related to this Contract on the Commercial General
policy as respects to work or services performed under this Contract to the extent that the death or
bodily injury to persons or damage to property arises out of the fault of the Contractor or the fault of the
Contractor's agents, representatives or Subcontractors. The following statement will appear on the face
of the certificate; "The City, its employees, officials and agents are all named as additional insured while
acting in their capacity as such." The City's Additional Insured status for Products and Completed
Operations hazards shall extend for at least one year beyond formal Council acceptance of the project.
This insurance shall be primary and shall be paid and applied first in its entirety prior to any application
of insurance the CITY may carry on its own. A 30 -day notice of cancellation or material change in
coverage clause shall be included.
The Contractor shall maintain in force for the duration of the Contract, to include the warranty period, an
Automobile Liability insurance policy (owned, non -owned, and hired) with limits not less than $1,000,000
per occurrence. The policy will be endorsed with Additional Insured and Primary and Noncontributory
endorsements. The City, its employees, officials and agents will be named as Additional Insured's where
operations are being conducted related to this Contract on the Automobile Liability policy as respects to
work or services performed under this Contract to the extent that the death or bodily injury to persons
or damage to property arises out of the fault of the Contractor or the fault of the Contractor's agents,
representatives or Subcontractors. The following statement will appear on the face of the certificate;
"The City, its employees, officials and agents are all named as additional insured while acting in their
capacity as such." This insurance shall be primary and shall be paid and applied first in its entirety prior
to any application of insurance the CITY may carry on its own. A 30 -day notice of cancellation or
material change in coverage clause shall be included.
B. Workers' Compensation
The Contractor shall provide and maintain Workers' Compensation coverage with limits no less than
$500,000 for it employees, officers, agents, or partners, as required by applicable Workers'
Compensation laws. If the Contractor is exempt from this coverage a written statement, signed by the
Contractor, explaining the reason for the exemption will be provided to the City prior to commencement
of any work.
C. Course of Construction and/or Installation Floater
In the event Course of Construction/Installation Floater insurance is required by the City due to unique
project specifications or the Contractor requests advance payment by the City for the purchase of
materials pursuant to Section 109.07 of the City of Springfield Standard Construction Specifications, the
Contractor shall provide Course of Construction/Installation Floater insurance in an amount equal to the
value of the advance payment requested. The policy shall provide coverage for all risks and shall be
approved by the City as to terms, conditions and form covering the replacement cost of the applicable
materials prior to the release of payment. The policy shall name the City of Springfield as Loss
Payee. The coverage shall be maintained in full force for the duration of this Contract. The City, at its
option, may elect to obtain additional coverage.
D. Asbestos Abatement (only applicable to Asbestos Specific Contracts)
If applicable to this Contract, the Contractor shall maintain in full force a Commercial General Liability
policy approved by the City as to terms, conditions and form that is Asbestos Specific with a minimum
limit of $2,000,000 per occurrence and $3,000,000 in the aggregate written on a form that meets the
following criteria:
a. A full occurrence form, or
ITB6-BIL Rev01/28/19 Attachment 2, Page 3 of 13 Page 3 of 13
b. A limited occurrence form with at least a three-year (3) tail, or
c. A claims made form with a three-year (3) tail.
E. Pollution Liability Coverage (only applicable to Pollution Specific Contracts)
If applicable to this Contract, the Contractor shall maintain in full force a Commercial General Liability
policy approved by the City as to terms, conditions and form that is Pollution Specific with a minimum
limit of $2,000,000 per occurrence and $3,000,000 in the aggregate written on a form that meets the
following criteria:
a. A full occurrence form, or
b. A limited occurrence form with at least a three-year (3) tail, or
c. A claims made form with a three-year (3) tail.
F. Professional Liability Coverage (only applicable to Contract if specified)
If Professional Liability insurance is required, the City must approve the terms, conditions and limits prior
to commencement of any work.
G. Additional Policies and Special Coverages
Refer to the Special Provisions section of this Contract for additional coverages that may be required.
H. Railroad Protective Liability Coverage
If work being performed under this Contract is near railroad tracks or a railroad right of way and the
Railroad requires special insurance (for example: Railroad Protective Liability Coverage) Contractor will
be responsible for meeting the Railroad insurance requirements before any work commences. Any
insurance required to be purchased by the Railroad is in addition to the insurance required by the City.
I. Subcontractors
The Contractor shall require all Subcontractors to provide and maintain General Liability, Auto Liability
and Workers' Compensation insurance and, as applicable, Professional, Asbestos and Pollution Liability
with coverage's equivalent to those required of the General Contractor in this Contract. The Contractor
shall require certificates of insurance from all Subcontractors as evidence of coverage. Upon request,
the Contractor shall provide certificates of insurance for all Subcontractors performing work on the
project to the City.
J. Additional Insured Endorsement
All certificates of insurance, with the exception of Professional Liability and Railroad Protective Liability,
must include an endorsement which lists the City of Springfield as a named additional insured. The
following statement will appear on the face of the certificate; "The City, its employees, officials and
agents are all named as additional insured while acting in their capacity as such."
K. Evidence of Coverage and Notice of Cancellation or Material Change in Coverage
Evidence of the required coverages issued by a company satisfactory of the City shall be provided to the
City by way of a certificate of insurance before any work or services commence. A 30 -day notice of
cancellation or material change in coverage clause shall be included.
If the approved insurance company will not provide this 30 day notice, it shall be the responsibility of the
Contractor to provide written notice to the City within two (2) days of the Contractor becoming aware
that their coverage has been cancelled or materially changed. The Contractor shall e-mail notification
directly to Tonja Kling at tkling@springfield-or.gov. Regardless of the circumstances causing the
Contractor's insurance coverage to cease or be modified, it is the Contractor's responsibility to notify the
City as described above.
Failure to maintain the proper insurance or provide notice of cancellation or material change shall, at the
City's option, be grounds for immediate termination of this Contract.
(contractor initials)
L. Equipment and Material
ITB6-BIL Revol/28/I9 Attachment 2, Page 4 of 13 Page 4 of 13
The Contractor shall be responsible for any loss, damage, or destruction of its own property, equipment,
and materials used in conjunction with the work.
S. INDIAN GRAVES AND PROTECTED OBJECTS
The Contractor warrants that it will observe all applicable requirements of ORS 97.740 et. seq. regarding
Indian Graves and Protected Objects (ORS 358.905-.961 and ORS 390.235-.240).
In the event the Contractor or any of its Subcontractors or agents discover, become aware of, or find any
Native Indian Artifacts, sites, human remains, or funerary objects on the real property on which the
Contractor is fulfilling this Contract, the Contractor will immediately safeguard the artifacts and site, halt
construction activities at the area of the find, and immediately notify City. Such artifacts may include but not
be limited to charred and cracked rocks or charcoal layers of soil indicating a hearth or oven, stone chips of
obsidian and other colored rocks, stone bowls, arrow and spear points, stone tools, and bone fragments. All
artifacts found shall be turned over to the City for appropriate disposition in accordance with applicable law.
Upon receipt of notification the City will retain a consultant archeologist to conduct an initial assessment of
significance of the find. The Contractor and City will work together to comply with all applicable
requirements of ORS 97.740 et. seq. in a manner which has least impact upon the construction schedule. If
compliance requires some adjustment of the construction schedule, the Contractor and the City shall make
reasonable adjustments.
9. TIME IS OF THE ESSENCE
Time is of the essence in the Contractor's performance of the Contract. Delays in the Contractor's
performance of the work may inconvenience the public, interfere with business and commerce, and increase
cost to the City. It is essential and in the public interest that the Contractor prosecute the work vigorously to
Contract completion. The City does not waive any rights under the Contract by permitting the Contractor to
continue to perform the Contract, or any part of it, after the Contract Time of Completion specified, or as
adjusted by Contract Change Order, has expired.
A. Liquidated Damages
The City of Springfield and the Contractor agree that; (a) time is of the essence; (b) the amounts so
fixed are reasonable forecasts of just compensation for the harm that is caused by the breach; (c) the
harm that is caused by the breach is one that is incapable of or very difficult of accurate estimation; and,
(d) the amount so fixed is not fixed as a penalty to coerce performance of the Contract but is rather
intended to be a genuine pre -estimation of injury to the City of Springfield in lieu of performance within
the Contract time by the Contractor or the Contractor's failure to report sewage spills. Therefore, it is
agreed as follows:
1. Dellav
It is agreed by the City of Springfield and by the Contractor that the need exists for a damage
provision in the event the Contractor fails to complete the work within the Contract time specified, or
any extension thereof, by the City of Springfield. The City of Springfield and the Contractor further
agree that the Contractor shall be liable to the City of Springfield for fixed, agreed and liquidated
damages for each and every calendar day of delay in the amount of $500.00 per day in accordance
with Subsection 108.07 of the Standard Construction Specifications.
2. Failure to Report Sewage Spills
The Contractor also agrees to liquidated damages in the amount of $500.00 per incident for failure
to report sewage spills plus an amount sufficient to reimburse the City for any civil and
administrative penalties paid by the City as a result of the Contractor's failure to report. Failure to
report sewage spills may subject the City to (1) civil penalties of up to $32,500.00 per day of
violation pursuant to Section 309(d) of the Clean Water Act, 33 U.S.C. § 1319(d); (2) administrative
penalties of up to $11,000.00 per day for each violation, pursuant to Section 309(8) of the Clean
Water Act, 33 U.S.C. § 1319(g); or (3) civil action in federal court for injunctive relief pursuant to
Section 309(b) of the Clean Water Act, 33 U.S.C. § 1319(b).
ITB6-BIL Revol/28/I9 Attachment 2, Page 5 of 13 Page 5 of 13
10. PREVAILING WAGE RATE PROVISIONS
Oregon law requires that if prevailing wage rate law applies a public agency must pay the
prevailing wage rate for all contracts over $50,000. For contracts over $50,000, Contractor will
comply with the applicable requirements of ORS 279C.800 through 279C.870 including the
provisions in this Section 10.
A. Notice
In the event that total cost of the contract as specified in Section 1 "General Requirements" does not
initially exceed $50,000 but during the scope of work increases through amendments, change orders,
additions, supplements, other contracts, or through any other reason or process, formal or informal,
planned or unplanned, to an amount greater than $50,000 then the entire contract is covered under the
requirements of the prevailing wage rate law as described below.
B. Prevailing Wage Rate
Each worker in each trade or occupation employed in the performance of this Contract either by the
Contractor, Subcontractor or other person doing or contracting to do or contracting for the whole or any
part of the work on the Contract, must be paid not less than the applicable prevailing wage rate.
Prevailing wage rate payments include fringe benefits, for each trade or occupation in the locality where
such labor or work is performed, as determined by the commissioner, in which the workers are
employed. The existing rate of wage is the rate, in effect at the time the initial specifications were first
advertised for bid solicitations as determined by the Commissioner of the Bureau of Labor and Industries
under ORS279C.815. Information regarding the Prevailing Wage Rate that is applicable to this Contract
is contained in the document titled "Prevailing Wage Information" which is included within the Invitation
to Bid documents and is incorporated herein by reference.
C. Submission of Certified Payrolls
As specified in ORS 279C.845, the Contractor or the Contractor's surety and every Subcontractor or the
Subcontractor's surety shall file certified statements with the public agency in writing, on a form
prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage
paid each worker whom the Contractor or the Subcontractor has employed upon the public works, and
further certifying that no worker employed upon the public works has been paid less than the prevailing
rate of wage or less than the minimum hourly rate of wage specified in the Contract. The certificate and
certified statement shall be verified by the oath of the Contractor or the Contractor's surety or
Subcontractor or the Subcontractor's surety that the Contractor or Subcontractor has read the certified
statement and certificate and knows the contents thereof and that the same is true to the Contractor or
Subcontractor's knowledge. Certified statements (also referred to as certified payroll reports) shall be
submitted to the City no later than the 5t" business day of the following month for which the certified
statement and certificate are being presented, regardless of whether any actual work is performed on
the project or not. This information must be submitted to the City and also retained by the Contractor
and Subcontractor(s) for three years.
Contracting agencies and general contractors are required to withhold 25% of amounts to Contractors if
certified payrolls are not filed by the Contractor as required for work performed on projects subject to
the prevailing wage rate law. Failure of Contractors to comply with the certified payroll filing
requirements of the law, therefore, will result in a negative fiscal impact to those Contractors of up to
25% of their amount owed.
Each worker employed in the performance of this contract, either by the Contractor or Subcontractor or
other person doing or contracting to do or contracting for the whole or any part of the work of the
contract, must be paid not less than the specified minimum hourly rate of wage in accordance with ORS
279C.838 and 279C.840.
11. BONDING TO BE FILED WITH THE CONSTRUCTION CONTRACTORS BOARD
As specified in ORS 279C.836, the Contractor shall file a public works bond with a corporate surety in the
amount of $30,000.00 with the Construction Contractors Board before starting work on a Contract for a
public works project subject to the provisions of the Prevailing Wage Rate Law (ORS 279C.800 to 279C.870)
ITB6-BIL Revol/28/I9 Attachment 2, Page 6 of 13 Page 6 of 13
with a total Contract price greater than $100,000. In addition, as specified in ORS 279C.830, the Contractor
shall include a provision in any and all subcontracts requiring the all Subcontractors have a valid bond filed
with the Construction Contractor's Board before starting work on a project, as applicable, unless exempt.
Exemptions from the bond requirement may be granted under specific circumstances as outlined in ORS
279C.836(7) for certified disadvantaged, minority, women or emerging small business enterprises. The
Contractor shall contact BOLI regarding qualifications for such exemptions.
If qualified, the enterprise must provide the Construction Contractor's Board with written notification of its
certification. In addition, the enterprise must notify the City that a public works bond has not been filed and
provide proof of qualification prior to commencing work.
By signing this Contract, the Contractor certifies that the Contractor, and any Subcontractor who will perform
work under this Contract, will file a public works bond with the Construction Contractors Board as required
prior to beginning work on the project.
12. INELIGIBLE CONTRACTORS LIST
No Contractor, Subcontractor or any firm, corporation, partnership or association in which the Contractor or
Subcontractor has a financial interest who appears on the List of Contractors Ineligible to Receive Public
Works Contracts, as established by the Bureau of Labor and Industries, will perform work under this
Contract, as specified in ORS 279C.860.
No Contractor, Subcontractor or any firm, corporation, partnership or association in which the Contractor or
Subcontractor has a financial interest who appears on the Construction Contractor's Board Not Qualified to
Hold Public Contracts list, will perform work under this Contract, as specified in ORS 701.227(4).
13. COMPLIANCE WITH ALL GOVERNMENT REGULATIONS/TERMINATION FOR FAILURE TO
COMPLY
The Contractor shall comply with all Federal, State and local laws, codes, regulations and ordinances
applicable to the work performed under this Contract. Failure to comply with such requirements shall
constitute a breach of contract and shall be grounds for termination of this Contract. Damages or costs
resulting from noncompliance shall be the sole responsibility of the Contractor. Other grounds for
termination are set forth in Sections 108.11 and 108.12 of the Standard Construction Specification of the
City of Springfield.
In accordance with ORS 279C.505, the Contractor shall;
a) Make payment promptly, as due, to all persons supplying to the Contractor labor or material for the
performance of the work provided for in the Contract.
b) Promptly pay all contributions or amounts due the State Industrial Accident Fund, or private carrier
of accident insurance, from such Contractor or Subcontractor incurred in the performance of the
Contract. If a private carrier is used, the Contractor shall notify the Engineer as to the carrier's
name and address before commencement of work.
c) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district,
municipality, municipal corporation or subdivision thereof, on account of any labor or material
furnished.
d) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.
e) Have an employee drug testing program in place at the time of signing the Contract and will
maintain such drug testing program in place over the life of the Contract. Upon request, the
Contractor shall furnish a copy of the employee drug testing program to the City.
In accordance with ORS 279C.510, If demolition is involved, the Contractor shall salvage or recycle
construction and demolition debris, if feasible and cost-effective as required by ORS 279C.510(1).
If lawn or landscaping maintenance is involved, the Contractor shall compost or mulch yard waste in an
approved site, if feasible and cost-effective as required by ORS 279C.510(2).
ITB6-BIL Revol/28/I9 Attachment 2, Page 7 of 13 Page 7 of 13
In accordance with ORS 279C.515, if the Contractor fails, neglects, or refuses to make prompt payment of
any claim for labor or services furnished to the Contractor or a Subcontractor by any person, or the assignee
of the person, in connection with the Public Works Contract as such claim becomes due, the City of
Springfield may pay such claim and charge the amount of the payment against funds due or to become due
the Contractor by reason of the Contract. The payment of a claim in this manner shall not relieve the
Contractor or the Contractor's surety from obligation with respect to any unpaid claims.
If the Contractor or first-tier Subcontractor fails, neglects or refuses to make payment to a person furnishing
labor or materials in connection with the Public Improvement Contract within 30 days after receipt of
payment from the contracting agency or a Contractor, the Contractor or first-tier Subcontractor shall owe the
person the amount due plus interest charges in the amount of 9 percent per annum commencing at the end
of the 10 -day period that payment is due under ORS 279C.580(4) and ending upon final payment unless
payment is subject to a good faith dispute as defined in ORS 279C.580.
If the Contractor or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor
or materials in connection with the Public Improvement Contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS
279C.580.
In accordance with ORS 279C.520, no person will be employed by the Contractor or Subcontractor for more
than 10 hours in any one day, or 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 person so employed shall be paid at
least time and one-half the regular rate of pay for all times worked in excess of eight hours a day or 40
hours in any one week when the work week is five consecutive days, Monday through Friday; or in excess of
10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through
Friday; and for all work performed on a Saturday, Sunday and on any legal holiday specified in ORS
279C.540.
The Contractor, Subcontractor or other person doing, or contracting to do, or contracting for the whole or
any part of the work on the Contract shall give notice to employees working on the Contract project in
writing, either at the time of hire or before commencement of work on the Contract, and by posting a notice
in a conspicuous location which is accessible to and frequented by employees, of the number of hours per
day and days per week that the employee may be required to work. The posting must remain in place for
the duration of the job.
In compliance with ORS 279C.525, the Contractor is made aware that the following federal, state, and local
agencies have enacted ordinances or regulations relating to the prevention of environmental pollution or the
preservation of natural resources which may affect performance of City of Springfield contracts. This is not
intended to be a complete listing of agencies. Other agencies may have enacted ordinances or regulations
that may apply.
If the Contractor is delayed or must undertake additional work by reason of existing ordinances, rules or
regulations of agencies not cited in the Contract or due to the enactment of new or the amendment of
existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and
the preservation of natural resources occurring after the submission of the successful bid, the contracting
agency may, at its discretion, terminate the Contract, complete the work itself; use non -agency forces
already under contract with the City, require that the underlying property owner be responsible for cleanup,
solicit bids for a new contractor to provide the necessary services or issue the Contractor a change order
setting forth the additional work that must be undertaken.
If the Contractor encounters a condition not referred to in the Invitation to Bid documents, not caused by
the Contractor or any subcontractor employed on the project and not discoverable by a reasonable pre-bid
visual site inspection, and the condition requires compliance with the ordinances, rules or regulations
referred to under this regulation, the Contractor shall immediately notify the City of the condition.
FEDERAL AGENCIES
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Department of Agriculture
Forest Service
Soil Conservation Service
Department of the Army Corps of Engineers
Coast Guard
Department of Health and Human Services
Department of the of Interior
Bureau of Indian Affairs
Bureau of Land Management
Bureau of Outdoor Recreation
Department of Commerce
STATE AGENCIES
Department of Agriculture
Department of Energy
Department of Environmental Quality
Department of Fish and Wildlife
Department of Forestry
Department of Geology and Minerals
LOCAL AGENCIES
City of Springfield
Planning Commission, City of Springfield
Springfield Development and Public Works
Metropolitan Wastewater Management Commission
City of Springfield Urban Renewal Districts -
Downtown and Glenwood
Springfield Utility Board
In accordance with ORS 279C.530, the Contractor will;
Fish and Wildlife Service
Office of Surface Mining
Reclamation and Enforcement
Bureau of Reclamation
Department of Labor
Occupational Safety and Health Administration
Mine Safety and Health Admin
Department of Transportation
Federal Highway Administration
Environmental Protection Agency
Department of Human Resources
Land Conservation and Development Commission
Division of State Lands
State Soil and Water Conservation Commission
Water Resources Department
Oregon Department of Transportation
Lane County
Planning Commission, Lane County
Willamalane
Lane Regional Air Protection Authority
Lane Council of Governments
Rainbow Water District
Emerald People's Utility District
Promptly, as due, make payments to any person, co -partnership, association or corporation, furnishing
medical, surgical, and hospital care or other needed care and attention, incidental to sickness or injury, to
the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all
monies and sums which the Contractor:
a) May or shall have deducted from the wages of his employees for such services pursuant to the
terms of Oregon Revised Statutes and any contract entered in pursuant thereto; or
b) Collected or deducted from the wages of his employees pursuant to any law, contract, or agreement
for the purpose of providing or paying for such service; and
c) Will comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless
such employers are exempt under ORS 656.126. Contractor shall ensure that each of its
Subcontractors complies with these requirements.
In accordance with ORS 279C.580, each subcontract the Contractor enters into with a first-tier Subcontractor
for property or services, including a material supplier, for the purpose of performing this Contract must
include the following:
a) A payment clause that obligates the Contractor to pay the first-tier Subcontractor for satisfactory
performance under the subcontract within 10 days out of amounts the contracting agency pays to
the Contractor under the Public Improvement Contract.
b) A clause that requires the Contractor to provide a first-tier Subcontractor with a standard form that
the first-tier Subcontractor may use as an application for payment or as another method by which
the Subcontractor may claim a payment due from the Contractor.
ITB6-BIL Revol/28/I9 Attachment 2, Page 9 of 13 Page 9 of 13
c) A clause that requires the Contractor, except as otherwise provided, to use the same form and
regular administrative procedures for processing payments during the entire term of the
subcontract. A Contractor may change the form or the regular administrative procedures the
Contractor uses for processing payments if the Contractor:
1.) Notifies the Subcontractor in writing at least 45 days before the date on which the Contractor
makes the change; and
2.) Includes with the written notice a copy of the new or changed form or a description of the new
or changed procedure.
d) An interest penalty clause that obligates the Contractor, if the Contractor does not pay the first-tier
Subcontractor within 30 days after receiving payment from the contracting agency, to pay the first-
tier Subcontractor an interest penalty on amounts due in each payment the Contractor does not
make in accordance with the payment clause included in the subcontract under paragraph (a) of this
subsection. A Contractor or first-tier Subcontractor is not obligated to pay an interest penalty if the
only reason that the Contractor or first-tier Subcontractor did not make payment when payment was
due is that the Contractor or first-tier Subcontractor did not receive payment from the contracting
agency or Contractor when payment was due. The interest penalty:
1.) Applies to the period that begins on the day after the required payment date and that ends on
the date on which the amount due is paid; and
2.) Is computed at the rate specified in ORS 279C.515 (2).
The Contractor shall require the first-tier Subcontractor to include a payment clause and an interest penalty
clause that conforms to the standards of subsection (3) of ORS 279C.580 in each of the first-tier
Subcontractor's subcontracts and to require each of the first-tier Subcontractor's Subcontractors to include
such clauses in the first-tier Subcontractors' subcontracts with each lower -tier Subcontractor or supplier.
14. NONDISCRIMINATION
The Contractor shall comply with all applicable requirements of Federal and State civil rights and
rehabilitation statutes, rules and regulations.
15. RIGHTS IN DATA/OWNERSHIP OF WORK PRODUCT
(a) Work Product - All Work Product created by the Contractor and originated and prepared for the City of
Springfield pursuant to this Contract, including derivative works and compilations, and whether or not such
Work Product is considered a "work made for hire," shall be the exclusive property of the City. The ideas,
concepts, know-how, or techniques developed during the course of this Contract by the Contractor's
personnel can be used by either party in any way it may deem appropriate. Material already in the
Contractor's possession, independently developed by the Contractor outside the scope of this Contract, or
rightfully obtained by the Contractor from third parties, shall belong to the Contractor irrespective of their
similarity to materials which might be delivered to the City of Springfield pursuant to this Contract. The
Contractor shall not, however, use any written materials developed under this Contract in developing
materials for others, except as provided in this section.
(b) Limited City Indemnity - If the City reuses or modifies the Work Product without the Contractor's
involvement or prior written consent, to the extent permitted by Article XI, Section 7, of the Oregon
Constitution, and subject to the protections afforded by the Oregon Tort Claims Act, the City shall indemnify
the Contractor, within the limits of the Tort Claims Act and any other protections afforded the City, against
liability for damage to life or property arising from the City's reuse or modification of the Work Product;
provided however, the City shall not be required to indemnify the Contractor for any such liability arising out
of or related to defective Plans and Specifications, or Contractor's breach of the Contract, professional
negligence, or the negligent or wrongful acts of the Contractor's Subcontractors, employees, or agents in
preparing the Plans and Specifications or testing and inspection conducted for the Project.
(c) Contractor Use of Work Product - The Contractor, despite other conditions of this provision, shall have
the right to utilize such Work Products on its brochures or other literature that it may disseminate for its
ITB6-BIL Revol/28/I9 Attachment 2, Page 10 of 13 Page 10 of 13
sales promotions, and in addition, unless specifically otherwise prohibited elsewhere in the Contract
documents, the Contractor may use its standard line drawings, specifications, and calculations on other,
unrelated projects.
16. PATENTS, COPYRIGHTS AND TRADEMARKS
Prior to use of designs, devices, materials, or processes protected by patent, copyright, or trademark, the
Contractor shall obtain from the Entity entitled to enforce the patent, copyright, or trademark all necessary
evidence of legal right. The Contractor shall indemnify, defend, and hold harmless the City from claims of
patent, copyright, or trademark infringement, and from costs, expenses, and damages the Contractor or the
City may be obligated to pay as a result of such infringement during or after completing the work.
17. ASSIGNMENT
The Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under
this Contract, in whole or in part, without the prior written approval of the City of Springfield. No such
written approval shall relieve the Contractor of any obligations of this Contract, and any transferee or
Subcontractor shall be considered the agent of the Contractor. The Contractor shall remain liable as
between the original parties to this Contract as if no such assignment had occurred.
18. SUBCONTRACTING
Subcontracts shall provide that work performed under the subcontract shall be conducted and performed
according to the terms of this Contract. Whether stated in the Subcontract Agreement itself or not, the
Contractor shall remain solely responsible for administration of the subcontract, including, but not limited to
the performance of the subcontracted work, progress of the subcontracted work, payment for accepted
subcontracted work, and disputes and claims for additional compensation regarding all subcontracted work.
The City's approval of a Subcontractor will not create a contract between the City and the Subcontractor,
shall not convey to the Subcontractor any rights against the City, and shall not relieve the Contractor or the
Contractor's Surety of any of their responsibilities under this Contract.
19. DUAL PAYMENT
The Contractor shall not be compensated for work performed under this Contract from any City of
Springfield agency other than the agency which is a party to this Contract.
20. ACCESS TO RECORDS
The City of Springfield and its duly authorized representatives shall have access to books, documents, papers
and records of the Contractor which are directly pertinent to this Contract for the purpose of making audit,
examination, excerpts and transcripts.
21. FORCE MA]EURE
Neither party to this Contract shall be held responsible for delay or default caused by fire, riot, acts of God
and/or war which is beyond that party's reasonable control. The City of Springfield may terminate this
Contract upon written notice after determining such delay or default will unreasonably prevent successful
performance of the Contract.
22. AMENDMENTS
The terms of this Contract shall not be waived, altered, modified, supplemented or amended in any manner
whatsoever, without prior written approval of the City of Springfield. No modification of this Contract shall
bind either party unless reduced to writing and subscribed by both parties, or ordered by a Court.
23. WAIVER
Failure of the City to enforce any provision of this Contract shall not constitute a waiver or relinquishment by
the City of the right to such performance in the future nor of the right to enforce any other provision of this
Contract.
24. SEVERABILITY
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If any provision of this Contract is declared by a court to be illegal or in conflict with any law, the validity of
the remaining terms and provisions shall not be affected and the rights and obligations of the parties shall
be construed and enforced as if the Contract did not contain the particular provision held to be invalid.
25. CAPTIONS
The headings, subheadings and titles to paragraphs of this agreement are solely for the convenience of the
parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this
Contract. They do not form a part of this Contract, and shall not be used in construing this Contract.
26. ATTORNEY FEES
In the event a lawsuit of any kind is instituted on behalf of the City of Springfield to enforce any provision of
this Contract, the Contractor shall pay such additional sums as the Court may adjudge reasonable for
attorney fees plus all costs and disbursements at trial and on any appeal.
27. REMEDIES
This Contract shall be governed and construed in accordance with the laws of the State of Oregon, apart from
choice of law provisions. The parties agree that the Circuit Court for the County of Lane, State of Oregon, or
the Federal District Court of the State of Oregon (Eugene) is the sole and proper forum for resolving any
disputes involving this Contract, any breach of this Contract, or relating to its subject matter. The Parties agree
to submit themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts. This
Contract shall not be construed more favorably to the City due to the preparation of this Contract by the
City.
28. OWNERSHIP STATUS
Both parties understand and acknowledge that the City is a public body as specified in ORS 30.260 and
maintains its status as a public body and retains all immunities and privileges granted it and its officers,
agents, and employees by the Tort Claims Act (ORS 30.260 — ORS 30.295) and any and all other statutory
rights granted the City as a result if its status as a public body.
29. SUCCESSORS IN INTEREST
The provisions of this Contract shall be binding upon and shall inure to the benefit of the parties to this
Contract and their respective successors and assigns.
IN WITNESS WHEREOF: The said City has caused these presents to be executed by its City Manager (or
Designee) as authorized by Ordinance 6281 of the Common Council of the City of Springfield, and the said
Contractor has caused these presents to be executed itself.
CITY OF SPRINGFIELD, OREGON CONTRACTOR
(A Municipal Corporation)
By: By:
City Manager Name of Company (PieasePrint)
Date Contractor's Signature
Name: (Pleaseprint)
Title: (Pleaseprint)
REVIP,IFD & APPROVED
AS TO FORM Date
KYr�rna-Kracrg-
DATE:
SPRINGFIELD CITY ATTORNEY'S OFFICE
Business Address
ITB6-BIL Revol/28/I9 Attachment 2, Page 12 of 13 Page 12 of 13
City State Zip
Office Phone
Cell Phone
E -Mail Address
ITB6-BIL Revol/28/I9 Attachment 2, Page 13 of 13 Page 13 of 13