Lovett ~ C210017 City of Tigard
CONTRACT CHANGE ORDER 13125 SW Hall Blvd.
AMENDMENT SUMMARY #1 Tigard,Oregon 97223
Phone- (503) 639-4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
www.tigard-or.gov
Project Title: Vacuum Excavation Services for SW Project Manager:Jeff Peck
121't Ave. Improvements
Contractor:LOVETT Ori final Contract#: C210017
Effective Dates: 8/11/2020— 12/31/2020 Chane Order/Amendment Amount: $6,522.00
Accounting String: 532-8000-56005-96050-130 Amendment Percentage Running Total: 20%
AMENDMENT DETAILS
Add labor, material and disposal of material to pothole additional locations along SW 121 S`Ave—
Pothole #51, 175, 176 and 177
CHANGE ORDER DETAILS I UNIT I QTY UNIT$ TOTAL$
Original Contract $32,308.75
Amendment 1 $6,522.00
CONTRACT TOTAL $38,830.75
REASONING FOR CHANGE ORDER/AMENDMEN
Need additional potholing to locate existing waterline not defined in the original scope of work.
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER APPROVING CI STAFF
Signature i ture
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules,regulations,and laws that may be in effect for the
work. The unit pricing in the original contract shall apply to all Signature
additional work. A copy of this form, once completed, is to be
forwarded to the Purchasing Office to ensure all changes to the
encumbrances are met. Remember—the cumulative total of
Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
VACUUM EXCAVATIONS SERVICES FOR SW 1215'AVE IMPROVEMENTS
C210017
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and LOVETT, hereinafter referred to as Contractor, entered into on the 10"' day of August, 2020, is
hereby amended as follows:
1. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A. The total amount
paid to the Contractor by the City may not exceed
B Ritra (,,32,39$x3) Tliilt r L-J.tObt TLIOUS-NAd Flight HU13dred Tbiny and 75/1(.0 Dollars ($38,830.7-).
Payments made to Contractor will be based upon the following applicable terms: (listed in the original
contract)
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD LOVETT
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Signature Signature
i
Martha Winea� �
Printed Name Printed Name j
9/16/2020 '
Date Date
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Adowsrw SYNERGY
f`[99TORA ICN&CONSTRUCTION
9/10/2020 Change Order## 29071COI
Bill To: Site:
City of Tigard Contracts and Purchasing 121 st Ave Tippit Place to Whistlers Loop
13125 SW Hall Blvd SW 121st Ave
Tigard, OR 97223 Tigard, OR 97224
Contact:
Jeff Peck
503-718-2698
jeffp@tigard-or.gov
Scope of Work;
Labor,Material to pothole additional locations along SW 121st Ave-Pothole#51, 175, 176 and
177
Pricing for Change Order:
1 Labor,Material and Disposal $6,522.00
Tax $.00
Change Order Total $6,522.00
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Original Contract Total 33,208.75 $32,308.75
Previous Change Orders y
This Change Order $6,522,00
Revised Contract Total -P , $38 830.75
Term . 3V'830'1�e
All other terms and conditions of the Contract Document shall remain in effect.
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Acceptance Signature Date of Acceptance
Printed Name
Thank you, Debbie.Rice debbie.r a lovettservices.com
LOVETT INC. 1/i
6920 NE 42ND AVE.I POR'T'LAND,OR 97218
OFFICE:503-737-8423 W1VVW.LOVETTSERVICES.CON1
OR CCB#125507•WA CCB#LOVETEI995I{Q
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUST ACCOMPANY EVER Y CONTRACT
Contract Title: Vacuum Excavation Services for SW 121st Ave Improvements Number: C210017
Contractor: LOVETT Contract Total: $32,308.75
Contract Overview: Contractor to Vacuum Excavate 30 locations in SW 121"Ave to determine the
depth and locations of existing water lines and one sewer lateral. Information will be
used to design proposed utilities in the roadway to avoid conflicts with existing
utilities.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps: Project Surveyor to provide Contractor with excavation marks in the field prior to
Commencement of work. Contractor to provide a reference point in the field to be
used for design purposes. Contractor to provide traffic control during excavations.
Risk Comments:
Risk Signature:
Contract Manager:Jeff Peck Ext: 2466 Department: PW Engineering
Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
❑ Other: Start Date: 8/11/2020 End Date: 12/31/20
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
LOVETT $32,308.75
Applied Professional Services. Inc. $36,000.00
Loy Clark $36,200.00
Vac-X $39,651.67
Account String: Fund-Division-Account Work Order—Activity T=e Amount
FY 21 532-8000-56005 96050-130 $32,308.75
FY
FY
Approvals - LCRB Date: n/a
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number C210017
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
VACUUM EXCAVATIONS SERVICES FOR SW 12V"'AVE IMPROVEMENTS
THIS AGREEMENT made and entered into this 10''day of August,2020 by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and LOVETT,
hereinafter called Contractor.
RECITALS
WHEREAS, the City's 2021 fiscal year budget provides for services related to Vacuum excavation;
and
WHEREAS,City has need for the services of a company with a particular training,ability,knoxxTledge,
and experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth,
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THEREFORE, the Parties agree as follows: f
1. SERVICES TO BE PROVIDED
Contractor will initiate services in-unediately upon receipt of City's notice to proceed together
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with an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A,incorporated herein by reference.
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on December 31, 2020
unless otherwise terminated or extended. All work under this Agreement must be completed
prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A.
The total amount paid to the Contractor by the City may not exceed'Thirty-Two Thousand
Three Hundred Eight and 75 100 Dollars $32 308.75 . Pa ents made to Contractor will be
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based upon the following applicable terns:
A. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor,with the exception of expenses, if any,identified in
this Agreement as separately reimbursable.
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B. Payment will be made in installments based on Contractor's invoice, subject to the
approval of the City 114anager,or designee,and not more frequently than monthly. Unless
otherwise agreed, payment will be made only for work actually completed as of the date
of invoice.
C. Payment by City releases City from any further obligation for payment to Contractor for
services performed or expenses incurred as of the date of the invoice. Payment may not
be considered acceptance or approval of any work or waiver of any defects therein.
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D. Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the work provided for in this Agreement.
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E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
F. Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from
the contractor or any subcontractor.
H. I£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 as such claim becomes
due, City's Finance Director may pay such claim and charge the amount of the payment
against funds due or to become due the Contractor. The payment of the claim in this
manner does not relieve Contractor or their surety from obligation with respect to any
unpaid claims.
1. Contractor will 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 that Contractor agrees to pay for the sen-ices and all moneys and sums that
Contractor collected or deducted from the wages of employees pursuant to any law,
contract,or agreement for the purpose of providing or paying for services.
J. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
IC Contractor must obtain,prior to the execution of any performance under this Agreement,
a City of Tigard Business License. The Tigard Business License is based on a calendar
year with a December 31st expiration date. New businesses operating in Tigard after June
30th of the current year will pay a pro-rated fee though the end of the calendar year.
L. The City certifies that sufficient funds are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or
pertinent data and information gathered by or computed by Contractor prior to termination
of this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment has any force or effect unless and
until the other party has consented. If City agrees to assignment of tasks to a subcontract,
Contractor is fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them. Neither the approval by City of any subcontractor not anything
contained herein creates any contractual relation between the subcontractor and City. The
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provisions of this Agreement are binding upon and will inure to the benefit of the parties to
the Agreement and their respective successors and assigns.
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6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
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A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by lay. Furthermore,in the k
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to a
demand repayment of any amounts paid to Contractor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor receives (from City or
third party) as a result of said finding and to the frill extent of any payments that City is
required to make(to Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
7. CONFLICT OF INTEREST
The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from Contractor, either directly or indirectly,in connection
with the letting or performance of this Agreement,except as specifically declared in writing.
If this payment is to be charged against Federal funds,Contractor certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed their
normal charge for the type of service provided.
S. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor's work by City will not operate as a Nvaiver or release.
Contractor agrees to indemnify and defend the City, its officers, employees, agents, and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages,judgments, or other costs or expenses,including attorney's fees and witness g
costs (at both trial and appeal level,whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies),that may be asserted by any person
or entity which in any way arise from, during, or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification will also cover claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemnity is found to be '
illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
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validity of the remainder of this indemnification. j4
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9. INSURANCE
Contractor and its subcontractors must maintain insurance acceptable to City in ful force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder,including the operations of its
subcontractors of any tier.
The policy of policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain,at Contractor's expense,and keep in effect during the term of this
contract,Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage must
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
Coverage Limit
General.Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal tip Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage(Any one fire) $50,000
B. Commercial Automobile Insurance
Contractor must also obtain,at Contractor's expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non--owned vehicles on an "occurrence" form. The Combined Single
limit per occurrence may not be less than$2,000,000.
If Contractor uses a peisonally-owned vehicle for business use under this contract, the
Contractor will obtain,at Contractor's expense,and keep in effect during the term of the
contract,business automobile liability coverage for all owned vehicles on an"occurrence"
forma. The Combined Single Limit per occurrence may not be less than$2,000,000.
C. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law must comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers must
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
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D. Additional Insured Provision n
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All requited insurance policies, other than Workers' Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right
to reject all or any insurance carriers) with an unacceptable financial rating.
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F. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City 3
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
evidence of such self-insurance. Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the Cita. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract,Contractor will furnish a
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Certificate of Insurance to the City. No contract is effective until the required Certificates
of Insurance have been received and approved by the City. The certificate willspecify-and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Primary Coverage Clarification
The parties agree that Contractor's coverage is primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
I. Cross-Liabil ty Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability,professional liability,pollution,and errors and omissions policies required by this
Agreement.
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A certificate in form satisfactory to the City certifying to the issuance of such insurance
will be forwarded to:
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City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company, may be required to be
foa warded to the above address.
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Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance will not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. METHOD &PLACE OF SUBMITTING NOTICE,BILLS AND PAYMENTS
All notices,bills and payments will be made in writing and may be given by personal delivery,
mail,or by fag. Payments may be made by personal delivery,mail,or electronic transfer. The
following addresses will be used to transmit notices,bills,payments,and other information:
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Attn: Jeff Peck Attn: Crystal Borgen
Address: 13125 SW Hall Blvd Address: 6920 NE 42'Ave
Tigard,OR 97223 Portland,OR 97218
Phone: (503) 718-2466 Phone: (503) 737-8423
Email: 'efftigair •dor.gov Email: crstal.b()lovettservices.com
Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when
so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
person to who notices, bills,and payments are to be given by giving written notice pursuant
to this paragraph.
11. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
12. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terns and as a complete and exclusive statement of the terms of the
.Agreement. No modification of this Agreement will be effective unless and until it is made in
writing and signed by both parties.
13. TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in it§ sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph,City will pay Contractor for services rendered to the date of termination.
14. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in fiends.
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2) If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate requited by law or regulation to be held by Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if
there is an assignment for the benefit of creditors of Contractor.
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Any such termination of this agreement under paragraph (A) will be without prejudice to s
any obligations or liabilities of either party already accrued prior to such termination.
R. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part-of this Agreement:
1) If Contractor fails to provide services called for by this Agreement«ritlun the time
specified,or
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2) If Contractor fails to perform any of the other provisions of this Agreement,oi• fails
to pursue the work as to endanger performance of this Agreement in accordance Nvith
its terms, and after receipt of written notice from City, fails to correct such failures
within ten(10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not exclusive and are in addition to any other rights and E
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (13), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages,if any,sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. ACCESS TO RECORDS
City will have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
lb. HAZARDOUS MATERIALS
Contractor NYM comply with all federal Occupational Safety and Health Administration R
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Communication Rules,if any goods or services provided
under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical '
under normal conditions of use(for example,employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheets,the identity of the chemical/s,how Contractor
will inform employees about any precautions necessary,an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
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17. FORCE MAJEURE,
Neither City not Contractor will be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled,including but not restricted to, an act of
God or of a public enemy,civil unrest,volcano, earthquake, fire, flood,epidemic,quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause;provided that the parties so disenabled will within
ten(10) days from the beginning of such delay,notify the other party in writing of the cause
of delay and its probable extent. Such notification will not be the basis for a claim for
additional compensation. Each party will,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
1.8. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor of any of the
terns of this Agreement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
19. HOURS OF LABOR PAYE UITY
In accordance with ORS 279B.235, the following are hereby incorporated in fUll by this
reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week,except as provided by law. For contracts for personal services,as
defined in ORS 279A.055,Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract,either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the
employee's rate of wage,salaiy,benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee's
rate of wage, salary, benefits or other compensation with another employee or another
person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
20. NON-DISCRIMINATION
Contractor will comply with all federal,state,and local laws,codes,regulations,and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
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A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
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C. The Americans with Disabilities Act of 1990,as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101-336);and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
21. ERRORS
Contractor will perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
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22. EXTRA(CHANGES) WORK
Only the City's Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to w
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
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23. WARRANTIES
Contractor will guarantee work for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures,workmanship
and materials are the best available unless otherwise specified in the profession. Neither 1
acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement,will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all hens, claims
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mortgages,security interests,liabilities,charges,and encumbrances of any kind.
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24. ATTORNEY'S FEES
In the event an action, suit of proceeding,including appeal,is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party's own attorney
fees,expenses,costs and disbursements for the action,suit,proceeding,or appeal.
25. CHOICE OF LAW,VENUE !
The provisions of this Agreement are governed by Oregon lay. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S.District Court for Oregon,Portland.
26. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES s
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in tivs Agreement. !s
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27. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor's proposal,this
Agreement will control. In the event of conflict between a provision in the main body of the
Agreement and a provision in the Exhibits,the provision in the main body of the Agreement will
control, In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will
control.
28. AUDIT
Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequate performance and accurate expenditures within the contract
period. Contractor agrees to permit City, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
29. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction,the validity of the remaining terms and provisions win
not be impaired unless the illegal or unenforceable provision affects a significant right or
responsibility, in which case the adversely affected party may request renegotiation of the
.Agreement and,if negotiations fail,may terminate the Agreement.
30. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned's
knowledge,not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316,317,and 318. Contractor's failure to comply with the tax laws of this
state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
IN WITNESS WHEREOF,City and Contractor have caused this Agreement to be executed by their
duly authorized officials.
CITY OF TIGARD LOVETT
Signature:
Signature: I
G�
Name: Martha Wine Name:
Title: City Manager 'ride: +
Date: 8/18/2020 Date: 171
10 11 g e
EXHIBIT A
SERVICES To BE PROVIDED
INTRODUCTION
The City of Tigard and Washington County are working with a local engineering consultant,
WHPacific,to bring new sidewalks,bike lanes, lighting, and drainage facilities to SW 121st
Avenue between Tippitt Place and the northern end of Whistlers Loop. The city will also install
a 24-inch water line as part of this project.
i
To move forward with the design of this project, depths and locations of existing utilities j.
located at proposed improvements must be determined. Expected utilities include water and
stormwater lines, and underground power. Forty (40) utility conflict locations are shown in
the attached Utility Conflict Plan Set, however only the thirty (30) locations specified in the
attached Utility Conflict Resolution table require potholing
SCOPE OF WORK
• Submit a Public Facility Improvement (PFI) application to perform work in the right of
way. A traffic control plan is required to be submitted with die application. s
® Provide traffic control. Most of the potholing will on the eastern edge of the roadway,
however three (3) locations are located along the western edge.
• Vacuum excavation documentation to include horizontal and vertical measurements to
an identified hub or tack within the vicinity of work.
• Include when you are available to begin work and provide a simple project duration
schedule.
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® Vacuum excavations to be performed during daytime hours between 9 am and 5 pm.
® Contractor to notify City project manager a minimum of 48 hours prior to
commencement of work and prior to any change in work schedule. l
• Prevailing Wage Rates (PWR) rates are not considered for this work. Deliverables are for A
design purposes only.
SCHEDULE MILESTONES 1'
Complete vacuum excavations in a timely manner
G;
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COST/RATE ESTIMATES
$32,308.75
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CONT'RACTOR'S PROPOSAL
141Page
Poi'Template—Revised 5/15/2019
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City of Tigard SW 121st Ave -Tigard Potholing Services 242015676
July 22, 2020 j
City of Tigard Contracts and Purchasing !
13125 SW Hall Blvd I
3
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Tigard, OR 97223
Jeff Peck
503-718-2698
jeffp@tgard-or.gov g
City of Tigard SW 121st Ave e Tigard Potholing Services
Project: 242015676
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Scone of Work:
SW 21st Ave Potholing
Detailed Scope: -.
m..
....;.
!#
1. Provide all labor, material, permits and disposal to perform utility locating,
traffic control, permitting and backfilling holes. J
Pricing:
1. Potholing $8,200.00
2. Traffic Control $3,718.75
I
3. Disposal $2,976.00 i
4. Core Drilling $6,400.00
5. Backfill $10,150.00
6. Permit $864.00
7. This proposal excludes surveying,we will locate pipe and confirm it's $0.00
location and approximate depth.We recommend having your
Engineering firm WH Pacific to be onsite to confirm exact pothole
locations and to gather all needed information and measurements.
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Total $32,308.75 �1
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I.OVeff INC,/LOVun-R6ST"oRA-nON&WATI=RPROOFING
6920 NE 42Hn Ave. *PORTLAND,OR*97218*503-SERVICE(737-8423)
OR CCB#1255071 192860 -WA CC84LOVETE1995KQ I LOVETR1898ML
ii
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City of Tigard SW 121st Ave -Tigard Potholing Services 242015676
Note:Washington State sales tax of 8.4%will be added to the contract price on billing if applicable.If a
credit card is used as the form of payment a 3.5%surcharge will be added to the total invoice.
Exclusions
1. Once Lovett has been selected as the contractor to perform work,'fhe owner must
meet the financial terms of the contract.
2. This project must be reviewed by a Lovett technician prior to construction to
determine the constructability as described by the scope of the proposal,including,.
the verification of the pipe condition and location.
3. If the project is found not to be constructible within the scope ofwork provided.knew
scope of work will need to be agree upon.Any price credits or increases will be
agreed upon at this time.
4. If the new price and scope of work is not agreed upon,the owner'shall have the right
to discontinue service.At this time the customer will be 11 credited the unused portion of
the deposit and be free to hire another contractor to complete the work.
5. The above property may contain private utilities that will not be marked by the one
call center.Lovett Services will NOT be responsible for the marking and any damage
that may occur during the job to any and all private utilities.
6. The customer is encouraged to call a private locator to ensure that the utilities
outside of the right of way are accurately marked.
7. During construction of a residential sewer line Lovett Is not responsible for any
damage that may occur to the existing water service line or any clogs or pressure
loss that results from the disturbance during construction. In the event the water
service line shares common trench with the sewer lateral,it is recommended to have
the water service line replaced at the same time.
8. Due to the nature of underground work an unforeseen ground condition clause exists.
If the ground condition does not allow Lovettto complete the tasks in the planned
manner all work will cease until an agree upon method and price is reached.
9. Any surveying,engineering or staking to accommodate the above job task to be
completed and funded by customer or other parties than Lovett.
10. Lovett will not be responsible for any pre-existing conditions that may lead to failure
or collapsing of the foundation on the above address.Any evident cracks or
separation of existing concrete that are noticed during excavation will be reported and
all work will cease until an agreed upon method of completion is reached.
11. Due to varying requirements for street:restoration,the owner shall be responsible for
changes in restoration requirements within the right of way. IE:controlled density
backfill or excessive saw-cutting,
12. Any and all work beyond the above scope is subject to a change order.At this time
all work will cease until an agreed upon method of completion and payments is
13. The above quote is good for 30 days from date of receipt; notification of award would
be appreciated as soon as possible due to the potential lead time on some of the
above materials.
Terms:
GOVE77SER V10ES.COM
LOV6-rr Wa/LOVErl-RVSWRATION&WATVIRPROOFING
6920 NE 4214D Ave.*PORTLAND,OR*97218*503-SERVICE(737-8423)
OR CCB#125507 1 192.860 •WA CCB#LOVETE 1995KQ 1 LOVETR 1898ML
Page 2 of 3
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City of Tigard SW 121st Ave -Tigard Potholing Services 242015676
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Please sign below and remit to the sender of this proposal. Standard payment
terms are net 30 day from substantial completion date. Down payment may be
required due to substantial front loaded costs such as Materials, sub-contractors, i
rentals or labor. The project may be subject to progressive billing. In the event your
account is either past due or the amount of this proposal is beyond your approved
credit limit. Payment to bring your account current will be required prior to work
commencing and/or a down payment in the amount of the overage will be required.
A 1-1/2% Finance Charge per month (equal to 18% per year)will be charged on ail
past due invoices, plus all attorney fees and court costs for collections.
s
X
Acceptance Signature Date of Acceptance
Thank you,
Debbie Rice
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L0V6TTWa/L.OV61-T P.5SYORA-nON do WAI'MPROOFLLJC �+
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6920 NE 42ND Ave.*PORTLAND, OR*97218*503-SERVICE(737-8423) iy
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OR CCB#125507!192860 WA CCB#LOVETEI995KQ I LOVETR I 898ML
Page 3 of 3
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Date;
Crew Performing the Work;
Pothole Location or Numher;
Utility Type;
Pipe Type& Quantity;
PK Location in Reference to the Pothole; Pin Direction N,E—,W,S- Distance
Elevation of the PK(in feet);
Elevation of the Top of Utility (in feet);
Elevation of the Bottom of Utility(in feet);
Notes:
LOVETT, Inc. & Lovett Restoration &Waterproofing
P.O. Box 55580 1 Portland,OR 97238
Office: 503-737-8423
Fax: 503-288-1630
OR CCB#1255071 192860•WA CCB#LOVETE1995KQ/LOVETRL898M I