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PFI2020-00317 CITY OF TIGARD PUBLIC FACILITIES IMPROVEMENT PERMIT 'I • COMMUNITY DEVELOPMENT Permit#: PF12020-00317 TIGARD 13125 SW Hall Blvd.,Tigard OR 97223 503.718.2421 Date Issued: 09/02/2020 Parcel: SEG511 Jurisdiction: Tigard Site address: Subdivision: Lot: Project: Village at Summer Creek HOA Project Description: Repair sidewalk that's lifting due to tree roots near Rosemary & 135th Class of Work: FEES Description Date Amount Type 2-Sidewalk/Driveway Approach PR Permit Fee 0 9/0 112 02 0 $300.00 Owner: Total $300.00 REQUIRED INSPECTIONS Call 503-639-4175 for the IVR inspection request line or visit the City of PHONE: Tigard website at www.tigard-or.gov to schedule inspections online. Contractor: PHONE: Applicant: MARISOL ESPINAVARRO PHONE: 5039739213 Please sign below to indicate acceptance of conditions and return a copy with the proposed work schedule along with names and contact information of responsible parties before beginning work. Permittee/Applicant See application Signature: Issued By: Special Conditions(See Attached) Note:THIS PERMIT DOES NOT COVER WORK ON PRIVATE PROPERTY Conditions for PF12020-00317 Tyne: Condition Name: Status: Severity: PFI_Sidewalk/[ 01 -WORK SITE REQUIREMENTS Applied Notice Applicant must comply with all applicable provisions of federal and state law,the Tigard Municipal Code, and the terms of any agreement with the City of Tigard regarding work to be done pursuant to this permit. PFI_Sidewalk/[ 02-WORK SITE AREA Applied Notice The work area and approach roads shall be maintained in a clean condition,free from obstructions and hazards. The spreading of mud or debris or storage of materials or equipment of any kind upon any public roadway is strictly prohibited and violation shall be cause for immediate cancellation of the permit. The City may at any time order immediate clean-up and suspension of work to accomplish clean-up. PFI_Sidewalk/[ 03-WORK SITE EROSION CONTROL Applied Notice Prior to starting work, effective and approved erosion control devices must be installed and maintained meeting the Clean Water Services and DEQ requirements. The City may at any time order corrective action and suspension of work to accomplish effective erosion control. PFI_Sidewalk/[ 04-WORK SITE REPAIRS Applied Notice Disturbed landscaped areas shall be restored or replaced. Existing signs, pavement markings, mailboxes, etc. shall be reinstalled or replaced,with like kind of material. Obtain City approval of restoration work. PFI_Sidewalk/[ 05-TRAFFIC CONTROL SPECIFICATIONS Applied Notice Applicant shall provide traffic control according to the current edition of the"Manual on Uniform Traffic Control Devices [MUTCD)for Streets and Highways", U.S. Dept. of Transportation, FHWA,current edition,American Traffic Safety Services Association [ATSSA],and Oregon Temporary Traffic Control Handbook[OTTCH]. PFI_Sidewalk/[ 06-TRAFFIC CONTROL PLAN Applied Notice Submit a job specific traffic control plan. A copy of the approved traffic control plan shall be readily available at the work area.Traffic control devices,flag persons, etc., shall be in place prior to initiation of construction work and shall be effectively maintained. PFI_Sidewalk/[ 07-TRAFFIC CONTROL ROAD CLOSURE Applied Notice Public roadway shall not be closed to traffic,at any time,without obtaining written approval from the City Engineer. The applicant is responsible to provide 48 hour advance notice of traffic flow disruptions to affected businesses, residents and area wide Emergency Services: 503-629-0111 (Tigard Police Dept.,Tualatin Fire&Rescue)and to 503-962-8140(Tri-Met) and 503-431-2345(Tigard School District) and other service providers impacted by such closure. PFI_Sidewalk/[ 08-TRAFFIC CONTROL ADVANCE WARNING Applied Notice Advance warning of traffic disruption shall be provided to the public by placement of an approved advance notification sign at each end of the construction area 72 hours(min.) before initiation of construction work. PFI_Sidewalk/[ 09-TRAFFIC CONTROL PROPERTY ACCESS Applied Notice Access to existing properties shall be maintained at all times, including normal delivery service and mail service. Obtain City approval of any access closures. PFI_Sidewalk/[ 10-TRAFFIC CONTROL WORK HOURS Applied Notice Work is permitted in daylight between the hours of 7:00 a.m.to 7:00 p.m. Mon-Fri unless otherwise authorized by the City. PFI_Sidewalk/[ 11 -TRAFFIC CONTROL LIMITED WORK HOURS Applied Notice Hours of construction work on collector and arterial roads will be limited to 9:00 a.m.to 3:00 p.m. unless authorized by the City Engineer. Work will not be permitted on collector and arterial roads between 3:00 p.m.to 9:00 a.m. unless authorized by the City Engineer. PFI_Sidewalk/[ 12-TRAFFIC CONTROL MODIFICATION Applied Notice The City reserves the right to add to or modify traffic control requirements as necessary to effectively control traffic and to assure public safety. PFI_Sidewalk/[ 13-DRAINAGE CONTROL Applied Notice Drainage shall be controlled within the work site and shall not adversely affect adjacent private property, public property and the receiving system. The City may at any time order corrective action and suspension of work to accomplish effective drainage control. PFI_Sidewalk/[ 14-UTILITY NOTIFICATION Applied Notice Oregon law requires following the rules adopted by the Oregon Utility Notification Center. Said rules are set forth in OAR 952-001-0100 through OAR 952-001-0080. Copies of said rules may be obtained from the Center by calling 503-246-1987. If you have any question about the rules, contact the Center. NOTE: Damage to utilities shall be corrected at the permit holder's expense PFI_Sidewalk/[ 15- UTILITY LOCATION CONFLICT Applied Notice Applicant must verify all existing utilities for both vertical elevation and horizontal location prior to start of work(pothole before digging if necessary). Should conflicts arise and redesign or relocation of facilities be necessary, it shall be done at the applicant's expense. Changes must be approved by the City in advance of work.Applicant shall coordinate the work with affected utility agencies. PFI_Sidewalk/[ 16-TEMPORARY PATCH Applied Notice A temporary hard-surface patch shall be placed on trenches within roadways at the end of each work shift. Obtain advance approval of patching method. No trench shall be left at any time in an un-safe condition. Applicant is responsible for and is liable for hazards or damage resulting from the prosecution of the work. PFI_Sidewalk/[ 17-REPAIR OF EXISTING FACILITIES Applied Notice Work under this permit shall include repair of existing facilities(roads, ditches, etc.)as may be necessary, as determined by the Inspector, to overcome deterioration or damage which occurred in conjunction with the work authorized by the permit. Corrective work shall be done at the applicant's expense. PFI_Sidewalk/[ 18-SEWER SYSTEM TEST Applied Notice A sewer system air-test and/or DVD T.V.test report and one set of"As-Builts"shall be provided for review and approval. PFI_Sidewalk/[ 19-PRECONSTRUCTION MEETING Applied Notice Before initiating any construction activity,the applicant shall coordinate with the City's inspector,Trent Brickey at 971-228-9269,to establish a preconstruction meeting. PFI_Sidewalk![ 20- NOTICE TO COMMENCE WORK Applied Notice The applicant shall notify the City's Inspector twenty-four(24) hours prior to commencing work, prior to any staged inspection, and after completing work covered by the permit. PFI_Sidewalk/[ 21 -PERMIT/PLAN ON SITE Applied Notice A copy of the permit including a Certificate of Insurance,and all attachments, and a copy of the approved construction plan and all amendments shall be readily available at the work area. All work shall conform to the permit terms, conditions and provisions and to the City approved permit plans, and approved plan amendments and to the City's standards and specifications and to these General Conditions. Changes to any of these must be approved by the City, in advance of work performance. PFI_Sidewalk/[ 22-DAILY INSPECTION REPORTS Applied Notice Applicant shall submit daily inspection reports, on a weekly basis,to the City's Inspector. PFI_Sidewalk/[ 23-MONUMENT PROTECTION Applied Notice Existing monuments, property corners, and survey markers shall be protected. Replacement shall be at the permit holder's expense. PFI_Sidewalk/[ 24-VALIDATION OF MATERIAL/CONSTRUCTION Applied Notice The City's Inspector may, at his discretion, require tests and or reports from the applicant to validate claims of material or construction adequacy/compliance. Such tests/reports shall be provided at the applicant's expense. PFI_Sidewalk/[ 25- EMERGENCY CONTACTS Applied Notice Provide to the City inspector, in writing,the names and 24 hour emergency telephone number of two(2) persons who have authority to resolve problems,take corrective action and, in general,will be responsible in case of any emergency. The applicant shall notify the City Inspector, in writing, of any/all assignment changes. PFI_Sidewalk/f 26-RIGHT OF ENTRY/EASEMENTS Applied Notice Applicant to obtain proper right-of-entry and/or easements prior to starting work. Proof of right-of-entry or properly executed easements, shall be provided to the City. The City shall in no way be construed to be liable for the applicant's failure to obtain or provide for proof of right-of-entry or easements. PFI_Sidewalk/[ 27-PRIVATE PROPERTY AGREEMENTS Applied Notice Provide the City a copy of an executed agreement[s]from the owner for each private property disturbed by construction activity. PFI_Sidewalk/[ 28-AS-BUILT DRAWING Applied Notice One as-built drawing showing all new public improvements, including any revision made to the previously approved construction plans and,also, any improvement which may impact an existing public system or facility, shall be provided to the City by a registered civil engineer along with an engineer's certification of installation compliance(Certificate of Compliance). PFI_Sidewalk/[ 31 -OTHER Applied Notice Other PROglCity of Tigard ENGINEERING DEPARTMENT PR#:2020-00317 Public Facilities Improvement p nt (PFI. Permit JECT INFORMATION Project name: (110fiC 1 St' rsM TYPE OF WORK Brief descripri,at r,f Jmtjcct: de q TYPE 1 �� '/� �j, Franchise 14ility WMI. Iret ah."Tye [xrfurmu i by \lC\.P(;t•:, Of ur tit �c'ylC� a};enc, t twal� TYPE 2—R()u'S;dcwalk;Driveway/St-wet In q„ l v.,rk_riOnnedforthepurposeu1:(L 1 1� SITE INFORMATION ( S'•�� nsallarir,n or air ORMATION .• anjrDriveway s approach installation and repair Location (address if available): ' Sanilaq sewer Intend installation and �h SEG511 main line tap 1�� ❑ TYPE3-Full Scale Development 1Xini: performed with Land use approval which APPLICANT INFO includes am of the following: Rl►4ATION • Suhdiriaion.or Paninnns Name: Ai' f5(1rY111Aor �u�11 Street widening Mailin • Mainline inx1a11allnrl for t;lnllary' sewer, /�" g •address' mum sewer, Tigard water, and '1•i;;.r�. City/Sufi te: wuleT service area Phone zip' 0 TYPE 4-Small(:ell Technldry,� ____ 0 TYPE 5—!iganl"l rian;�le Email: -- Phone: Contact name: A r in y�i' NOTE: Ttpc I and 2 a r ' (/ Prcum uns may be mailed to Phanc(50 S ��2�_•� , _ email:lialiSg UQ_.,— A__ lAssyyl CONTRACTOR INFORMATION 0 Same as applicant Name: 1, r Mailing address: 9s Q ICI CCB Number: Phone: il� 6S 1 Email: Q City/State: Zip:_`= ` -- ENGINEER INFORMATION Name: Mailing address: Phone: City/State: Zip: Email: ADDITIONAL,INFORMATION Estimated value of work is required(if over Sj,iHA 1);S Is work related to a LAND USE DECISION? (within the public right-of-way) ❑Yes K No Case number, City of Tigard • 13125 5W'1 tall 131vd. • Tigard,(yrcgun 97223 . w~vw.tilan!-ucguv • 503-718-2421 • Page I of 4 APPLICANTS NOTE: Person specified as"Applicant" shall b1e designated s gnated"Pcrmittee" and shall provide financial assurance for ork. required ('riganl,when the owner and the applicant if by the city pursuant to'l-h • With the exception of a utility'operating pursuant to a valid franchise+r license with die Cin" are different people.the applicant must he the purchaser of record or a lessee in possession with written authorization from the owner or all agent of the owner. The owner must sign not required to obtain the(Aimee s signature on the application.sign this applicarion in the space provided or submit a written authorization with this application. heanchisoxl or Licensed Utilities I,the applicant,certify that: is cum lete and • To the best of my knowledge,all the information provided Within this application package pSe upon the d accurate. • The al),ve request dues nut violate any recorded deed restrictions that may'be attached to or imps subject propel'. • lication is granted,I will exercise the rights granted in accordance with the terms and subject to all the If the a PP conditions and limitations of the approval. qq rr DI . t QV�r(U Date Applicant's or authorized agenes signature• Print name Date Property owner's signature (if required) Print name Received by: —Date: $ g-- Permit fcc: �0�_ __0- — Date: G --- App ove PF12020=D03.1�--- /3'/& Notified by:_ __ �— Date: Approved by: _ --------"_'. Pa e 2 of 4 City of Tigard ' 13125 S\X'I tall Blvd. • Tigard,Oregon 97223 • ws�a'.tigard-or.goa• • 503-718-242! 8 DEVELOPMENT ENGINEERING FEES Public Facility Improvement(PFI)Permit: INITIAL PFI PERMIT FEE Part is Required submittal fee is 10%of the Net PH Pennit Fee.Sec below for calculations.Minimum of S300. NET PFI PERMIT FEE Part 2: All non-water system improvements engineer's estimate X 7'4(less the initial PH Permit Fee). WATER LINE CONSTRUCTION FEE Pan 3: All public water system improvements engineer's estimate X 12"Al. FOR STAFF USE ONLY t TYPE 4: SMALL WIRELESS FACILITY ott srAt t t SE o�t.ti CHECKLIST 1�YPE I-3:DETAILED SUBMITTAL REQUIREMENTS Does applicant have aright-of-way license? 0 Yes No TYPE I AND TYPE 2 -Must include a sketch Under the wireless facilities standards,is ther showing: considered?(check all that apply): P� � 0Small Cell 0 Macro 0 Dimensions How many install sites are proposed0 Street Name application? as part of this permit ❑ Site Address TYPE 3- Must provide 4 sets of plans (sized 24 x 36 The proposed equipment is located on which of the following: or 22 x 34) ❑Publicproused qupy 0 Private ty items. The plans mustthat include:electronic version of all submittal If equipment is to be located on private ro 0 Cover—Site,Vicinity,Abbreviation,Legendtype&use: P pen}'.describe the ❑ General Notes(City,Water,Sewer,etc.) 0 Street(Plan,Profile) ❑ Water,Storm and Sanitary(Plan Profile) 0 Water Quality Facilities ❑ Grading ❑ Landscaping/Tree Plan ❑ Composite Utility Plan(Electrical,Phone,Gas, Storm, Sanitary,Water,Signage,Street lights,etc.) ❑ DetaiLs ❑ 'Traffic Sight Distance ❑ Signing and Striping ❑ Street Light Plan and Photometric ❑ Engineers seal/sibmature ❑ Sheer label(project land use name,revision and plan log block,dares and sheet numbers.) ❑ l?ngincer's Construction Estimate Additional Submittals (per land use conditions,if applicable) ❑ Traffic Report ❑ Storm water Drainage Calculations ❑ Geotechnical Report ❑ Preliminary Access Report-(Sight Distance) ❑ Proposed Plat ❑ Pathway Design ❑ Water Prouder Approval City of Tigard • 13125 SV'1 Intl eh d • Tigard,Oregon 97223 • wnwtigard-orgov • 503-718-2 421 • Page 3of4 I Ed-e ofPavetttent I #-- Ditch �_i` I Stre/etlight I ltm��. •=• :- .. f 1 � � . •• .. 1 i I t_ 1 i I—"PthpS4- . gWt-rTiimw'— j I 1 ;; I Existing Hou>e j c I Existing d I to i Driveway j 3r I co I El I 1 1 ,IIpp' j ;i I '� 1 Erlstma Shop j b� 1 -\ 1 i j m o I Puwerpole . o j6 95' I `'n r/ II M _.----lroper Line—.�-- I 1 tII F ire Hoa(,rit(FF"1) i 7i I 1 I Scare I"=30. I I1. I I I I. I 1 I I I I I . TYPE 1 AND TYPE 2: M'MINIUM SKETCH REQUIREMENTS Put N/A if not applicable) Existin g utilities locations Propene lines &dinocnsionl. Exists ,storm,water) Nonh arrow Street&street names Existing curb or edge of pavement __Utility&street light poles Proposed work Trees Existing S/ 'or D/�'apron Slope of propem • • 13125 SAX'Hall Blvd. • Tigard,Oregon97223 • ww�,t;tigard-ror.g oc 503-718-2421 • Page 4 of 4 City •of Tigard ft CONSTRUCTION PROPOSAL 2/24/20 Job Site: Bill to: Villages at Summer Creek HOA Villages at Summer Creek HOA 13531 SW Rosemary Lane c/o: Nova Association Management Partners Tigard, OR 97223 Marisol Espinavarro 503-973-9213 Marisol.espinavarro@novaamp.com PROPOSAL PREPARED FOR PROJECT: Concrete Repairs ESTIMATE INCLUDES: • Set up safety work zone and high traffic conditions. • Demo existing damaged concrete sidewalk and curb at (3) sections at sidewalk. Approximately 5' x 20' plus curbing. • Excludes asphalt (at the street) repairs or replacement at this time. • Prep existing conditions as needed. • Form up and pour new concrete (3 sections) and finish to match existing. • Supervise and protect fresh poured concrete as needed to ensure not damaged by high traffic. • Assumes use of on-site provided electrical and water as needed. • Includes regular wage labor and regular work schedule. • Labor • Materials • Equipment • Clean up and haul away all construction debris. • Total:$4,440.00 9550 SE Clackamas Road Clackamas,OR 97015 503.655.7933 I Fax 503.650.8177 I www.iandeconstruction.com OR CCB# 185061 WA CCB# IECONEC915CB I IDCCB#RCE-30074 CONSTRUCTION Clarifications: • Estimate is based on the contract documents enumerated above,any other scope of work will be performed on a time&materials basis. • Any interior finishes damaged in the course of work will be repaired to a paint ready state. • Owner is responsible for removing personal property from the work area. • Quote does not include resolution of concealed conditions which differ from existing building plans provided to bidders • No destructive testing in forensic investigation was performed by I&E Construction • Homeowner&HOA representative will be present to inspect&document condition of existing finishes at the commencement of work in each unit • Paint ready includes primer to the extent of texture • Work to be performed during standard working hours as determined by local jurisdiction • Utilities for construction provided by owners.Owners responsible for costs. • Cables,satellite dishes,etc. must be removed from exterior by owners prior to construction. • I&E is not responsible for warranty or performance capabilities of existing,reinstalled windows and doors. Exclusions: • Survey • Engineering • Permits • Testing • Impact Fees • Utility Use Fees • Tenant Relocation Costs • Resolution of existing conditions not resolved in design • Home security system • Hazardous material abatement • Moving and storage of any personal items • Performance&payment bond • Nail pops and drywall cracks will only be fixed on exterior walls where I&E has performed work 9550 SE Clackamas Road I Clackamas,OR 97015 1503.655.7933 I Fax 503.650.8177 I www.iandeconstruction.com OR CCB# 185061 I WA CCB#IECONEC915CB I IDCCB#RCE-30074 General Bid Summary: All other scopes of work will be performed on a Time and Material basis of$68.00 per man hour plus materials, with a 15%markup on materials. This Bid Proposal is valid for 30 days. If it becomes necessary for Owner to extend the price hold, this can be accomplished by a written notice of the contract to be issued or a letter of intent can be provided for the prices to be sustained. Thank you for the opportunity to bid this project. We look forward to working with you. Avery Toran I & E Construction, Inc WE PROPOSE hereby to furnish labor, material and equipment-complete in accordance with above specifications. Material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Authorized Signature Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Date of Acceptance Authorized Signature 9550 SE Clackamas Road I Clackamas,OR 97015 1503.655.7933 I Fax 503.650.8177 I www.iandeconstruction.com OR CCB# 185061 I WA CCB#IECONEC915CB I IDCCB#RCE-30074 CONSTRUCTION CONDITIONS OF CONTRACT 1. WARRANTY.I&E Construction,Inc.warrants that all materials furnished by it under this Construction Contract(this"Contract")will be of good quality,and free from defects unless otherwise specified and,if installed by I&E Construction,Inc.,will be installed or applied in a good and workmanlike manner. I&E Construction,Inc.,shall repair or replace any part of its Work which is found to be defective within one year after installation,provided that the Owner has complied in full with all payment terms and other conditions of this Contract. THIS WARRANTY 1S IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. I&E Construction,Inc.'s warranty excludes remedy for damage or defect caused by abuse,modifications by others,improper or inadequate maintenance,or normal wear and tear under normal usage. 2. TIME. I&E Construction,Inc.,shall be allowed reasonable time in which to make delivery of materials and to commence and complete its performance. I&E Construction,Inc.shall not be liable for loss or damage due to delay on non delivery resulting from the acts or omissions of the Owner,architect or engineers,transportation delays,materials shortages,civil disorders,labor difficulties,vendor allocations, fire, flood,accidents,acts of God,or any other cause beyond I&E Construction Inc.'s reasonable control. Owner shall pay storage costs and additional expenses resulting from delay caused or requested by Owner. Payment for materials of which shipment or delivery is delayed due to Owner's actions or requests shall be due upon invoice and notification that I&E Construction,Inc.is prepared to ship such materials. 3. ACCESS AND CHANGES TO THE WORK. All Work shall be performed during I&E Construction, Inc.'s regular working hours. I&E Construction,Inc.shall be entitled to equitable adjustment in the Price of the Work for all additional costs incurred due to unanticipated project delays,conditions of acceleration. Any and all changes shall be reduced to writing,signed by I&E Construction,Inc.and Owner. No change or modification of the Contract shall be binding upon I&E Construction,Inc.unless accepted by I&E Construction,Inc. in writing. Owner shall prepare all work areas so that I&E Construction,Inc. can proceed unhindered with its Work and,notwithstanding any project schedule,I&E Construction,Inc.shall not be required to commence its Work until sufficient areas are prepared to allow I&E Construction,Inc. to complete its Work continuously and uninterrupted. 4. FACILITIES.Owner shall furnish all temporary site facilities necessary for I&E Construction,Inc.'s performance,including hoisting,electrical power and water,at no cost to I&E Construction,Inc. 5. TAXES AND FEES.Unless otherwise specified,quoted prices do not include taxes,duties,fees or transportation surcharges which are,or may be,levied upon the materials or the services on behalf of any taxing authority by reason of transfer or delivery to Owner. Any such costs incurred by I&E Construction,Inc.shall be invoiced and paid by Owner. 6. INSURANCE.I&E Construction,Inc.will maintain its standard liability insurance coverage,including workers compensation as required by law. Owner shall maintain property insurance. 7. PAYMENT TERMS. Progress payments shall be invoiced for Work performed and for materials and equipment delivered to the site or to off-site storage. Progress payments shall be determined upon the basis of the Work completed and without retention. Final payment of the entire Price shall be due upon completion of the Work. Invoices are payable upon receipt,and Owner shall not backcharge or withhold payment from I&E Construction,Inc. for any charges,costs or expenses without I&E Construction, 9550 SE Clackamas Road I Clackamas,OR 97015 1503.655.7933 I Fax 503.650.8177 I www.iandeconstruction.com OR CCB# 185061 I WA CCB#IECONEC915CB I IDCCB#RCE-30074 Inc.'s specific written consent. Invoices not paid within ten(10)days after receipt are delinquent and shall bear interest at the rate of one and one-half percent(1 'A%)per month or the maximum amount allowed by law,whichever is less,until paid. In addition,Owner shall pay I&E Construction,Inc.'s reasonable costs incurred in collection of any delinquent amounts,including attorney fees and costs of preparing and filing liens,regardless of whether suit or actions is instituted. No defect in any part of I&E Construction,Inc.'s performance shall delay or excuse Owner's obligation to make full,prompt payment for all Work Completed in conformance with this Contract. I&E Construction,Inc.may suspend or terminate its performance under this Contract if any payment is delinquent. 8. ERRORS. I&E Construction,Inc.assumes no responsibility for the suitability,adequacy or legality of the design,materials specifications,or quantity takeoffs when Owner provides any or all design plans, specifications or takeoffs. Products are as listed irrespective of building code requirements. Errors in the extensions of prices quoted in the proposal or contained in any invoice are subject to correction by I&E Construction,Inc. 9. NOTICE OF CLAIMS. As a condition precedent to any obligation of I&E Construction,Inc.with respect to I&E Construction,Inc.'s failure to meet any requirements of this Contract,Owner shall provide 1&E Construction,Inc.of such failure,in writing,and shall allow I&E Construction,Inc.reasonable time to cure or correct any deficiency or defect in its Work. I&E Construction Inc.shall provide Owner with written notice of any claim on account of changes,extras,delays,acceleration,or other impacts on its performance within a reasonable time and in a reasonable manner. 10. DAMAGES. Owner shall make no demand for liquidated damages or actual damages for delays against I &E Construction Inc.in any sum in excess of the Contract Price unless specifically provided otherwise in this Contract and in no event shall I&E Construction Inc.be liable to Owner for delay damages in excess claims for delay damages actually paid by Owner to others on account of unexcused delays caused solely by I&E Construction Inc. I&E Construction Inc.will not be held liable for any property damaged caused during the repair process such as concrete cracks,nail pops,or roof tile damage except as caused by I&E Construction's negligence,breach of contract or improper conduct. If original windows and doors were not removed by I&E Construction Inc.during the repair process,then I&E Construction is not liable for any and all window and door leaks,damage,or warranty repairs. 11. MEDIATION. Should any dispute arise between them,Owner and I&E Construction Inc.will submit the dispute to a mediator,agreed by both parties,as soon as such disputes arise,and in any event prior to the commencement of arbitration or litigation except that I&E Construction Inc.may take any claim for payment directly to court for adjudication. Mediation shall occur in the city where the project is located, and both parties agree to exercise their best efforts in good faith to resolve all disputes in mediation and to share equally the fees and costs of the mediator. 12. ARBITRATION. If mediation fails to resolve any dispute,I&E Construction Inc.and Owner shall submit to arbitration all complaints,disputes and/or controversies that may arise out of or in connection with Work under this Contract,excepting Owner's failure to make payment which I&E Construction Inc. may take to court for adjudication. Such complaints,disputes and/or controversies shall be settled exclusively by arbitration under the laws of the State of Oregon and in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association(the"Rules"). Owner and I&E Construction Inc.may choose to arbitrate with the American Arbitration Association or a private arbitration service in accordance with the Rules.Owner and I&E Construction Inc.accept jurisdiction of the courts of the State of Oregon for the purposes of commencing,conducting and enforcing such arbitration proceedings and agree to accept notice in writing by registered letter,addressed to the party,of intention to proceed with the arbitration,and of any other step in connection with or for enforcement thereof,with the same effect as though personally served in the State of Oregon. Any such arbitration shall occur in 9550 SE Clackamas Road I Clackamas,OR 97015 1503.655.7933 I fax 503.650.8177 I www.iandeconstruction.com OR CCB# 185061 I WA CCB#IECONEC915CB I IDCCB#RCE-30074 1 C NSTRUCTI ON Portland,Oregon. In disputes where the aggregate claims of neither party exceed$100,000,the dispute will be decided by one arbitrator.In this event either party makes claims exceeding$100,000,each party shall select one arbitrator and the two arbitrators so selected shall then select a third arbitrator.The decision of the arbitrator(s)shall be final and binding on the parties 13. MISCELLANEOUS.Nothing in this Contract shall operate to void or waive I&E Construction Inc.'s right to file any lien or other statutory claim in the event that any payment to I&E Construction Inc. is not timely made. Where there is conflict between the provisions of this Contract and the provisions of any other agreement between Owner and others,or Owner and I&E Construction Inc.,the terms of this Contractor shall govern. Siding,stone,stucco,and brick installation is based on wood framed structures only. If other materials are used in the framing of structure,then I &E Construction Inc.and Owner will execute a change order reflecting the cost of installing the selected type of siding. 14. OWNER'S DUTY TO NOTIFY CONTRACTOR PRIOR TO COURT ACTION OR ABRITRATION.Oregon and Washington Law contains important requirements owners must follow before owners may start a court action or arbitration against any contractor,subcontractor or supplier (materials or equipment)for construction defects. • The owner must deliver a written notice of any conditions it alleges are defective to the contractor. • The owner must provide the contractor and its subcontractors and suppliers the opportunity to make an offer to repair or pay for the defects. The owner is not obligated to accept any offer made by the contractor,subcontractor or supplier. There are strict deadlines and procedures that must be followed under Oregon and Washington Law. Failure to meet those deadlines or follow those procedures will affect Owner's ability to commence arbitration. 9550 SE Clackamas Road Clackamas,OR 97015 503.655.7933 Fax 503.650.8177 www.iandeconstruclion.com OR CCB# 185061 WA CCB# IECONEC915CB I IDCCB#RCE-30074 1 M tlSM!VENUE A i Ynal Map Safety Cones tw t5St°e°puF O L. / lk,.':p7,-1 N .aeo °7 Tita 0, /°s n�hs�6 s9 t/N v� /Sf 7]I)1� 3 M fl , 1 re b1,44, St SY W SCE ' , c. R I.n 4 \ H W m a 656y gin ',7! n • u 1S, 17 Y i O ....,..- ...,. .ti S 5.55. .h _ ♦ { . ! # ! .,.- -•. --- _- _ s, _ _,( <... +. . ..s .. 94 a► a,y4 a a+,� JM r4. .., f d fir! cN.. N4.' e „#''' ..\ .111.111.' Ir*411*,y(,r1 i .1 IV 1 _ ' ,' �..��.. 5a ''SW Hawks Beard Sl SW Hawks Beard St *. y� \ ti! w p r d' !-`e'"v ' .P' st Ne f • .fit' 1 1 1 •.. i a 1. iZ O, b C!J 4 I/ JUN. CM � Y � . k` e♦a SWgos — JN �. oo, y " 1 _ ' � e 4 �. w r Cree i 44" x. ' 1 Apa ents Fes• t�1 �.