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PFI2020-00416
CITY OF TIGARD PUBLIC FACILITIES IMPROVEMENT PERMIT ' 3 COMMUNITY DEVELOPMENT • Permit#: PFI2020-00416 TIGARD 13125 SW Hall Blvd.,Tigard OR 97223 503.718.2421 Date Issued: 11/02/2020 Parcel: SEG1067 Jurisdiction: Tigard Site address: Subdivision: Lot: Project: Pathfinder Trail Ramps Project Description: SEG 1067/1126. Regrade and rebuild two ramps along Pathfinder Trail. Class of Work: FEES Description Date Amount Type 2-Sidewalk/Driveway Approach Total Owner: REQUIRED INSPECTIONS Call 503-639-4175 for the IVR inspection request line or visit the City of PHONE: Tigard website at www.ti and-or. ov to schedule inspections online. 9 9 9 P Contractor: ELTING NORTHWEST INC P.O. BOX 1400 CLACKAMAS,OR 97015 PHONE: 503-656-0954 Applicant: NICHOLE GEORGE 13125 SW HALL BLVD TIGARD, OR 97223 PHONE: 5037182584 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 Signature: See application Issued By: Special Conditions(See Attached) Note:THIS PERMIT DOES NOT COVER WORK ON PRIVATE PROPERTY Conditions for PFI2020-00416 Type: Condition Name: Status: Severity: PFI_Sidewalk/C 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/C 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_Sidewalkl[ 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_Sidewalkl[ 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_Sidewalkl[ 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[OUCH]. 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/E 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/C 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/C 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/C 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/C 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/C 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/C 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_Sidewalkl[ 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/C 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, <Insert Name>at<Insert Phone#>, to establish a preconstruction meeting. PFI_Sidewalk/[ 20-NOTICE TO COMMENCE WORK Applied Notice 1 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/t 24-VALIDATION OF MATERIAUCONSTRUCTION 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/C 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/1 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_Sidewalkl[ 31 -OTHER Applied Notice Other CityofTigard Ph PFI#: 2020-00416 4 ENGINEERING DEPARTMENT llc, 1.: l) Public Facilities Improvement (PFI) Permit PROJECT INFORMATION TYPE OF WORK Project name: Pathfinder Trail Ramps • TYPE 1—Franchise Utility Work Brief description of project: Regrading and rebuilding of two ramps along performed by NWN,PGE, or utility agen Pathfinder Trail `y • TYPE 2—ROW Sidewalk/Driveway/Utility Work performed for the purpose oft • Sidewalk/Curb installation or repair • Driveway approach installation and repair SITE INFORMATION • Sanitary/Storm/Water lateral service Location (address if available): Ramp 1 -Near 12615 SW Pathfinder installation and main line tap Ct and Ramp 1 -near 10540 SW • TYPE 3—Work performed with/without SEG 1067 / 1126 Pathfinder Way land use approval which includes any of the following • Subdivisions and Partitions APPLICANT INFORMATION • Water Infrastructure Name: Nichole George—City of Tigard Engineering Project Manager • Street Widening • Sanitary o r Storm Sewer Infrastructure Mailing address: 13125 SW Hall Blvd, • TYPE 4—Small Cell Technology City/State: Tigard,OR Zip: 97223 • TYPE 5—Tigard Triangle Phone: 503-718-2584 Email: nicholeg@tigard-or.gov NOTE: Type 1 and 2 applications may be emailed to rowpermits(ilitigard-or.gov. Contact name: Phone: Email: CONTRACTOR INFORMATION ❑ Same as applicant Name: Elting NW CCB Number: Mailing address: PO BOX 1400 City/State: Clackamas OR Zip: 97015 Phone: (503) 656-0954 Email: sdunn@eltingnw.com ENGINEER INFORMATION Name: N/A Mailing address: City/State: Zip: Phone: Email: ADDITIONAL INFORMATION Estimated value of work is required(if over$5,000):$ 25.000 (within the public right-of-way) Is work related to a LAND USE DECISION? ❑Yes No Case number: City ofTigard • 13125 SW Hall Blvd. • 'Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of4 APPLICANTS NOTE: Person specified as"Applicant" shall be designated"Permittee"and shall provide financial assurance for work,if required by the city pursuant to TMC 15.04.140. * With the exception of a utility operating pursuant to a valid franchise or license with the City of Tigard,when the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner must sign this application in the space provided or submit a written authorization with this application. Franchised or Licensed Utilities are not required to obtain the owner's signature on the application. I,the applicant,certify that: • To the best of my knowledge, all the information provided within this application package is complete and accurate. • The above request does not violate any recorded deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,I will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. �cCbeg. r Nichole George 10/27/2020 Applicant's or authorized agent's signature Print name Date Property owner's signature (if required) Print name Date STAFF USE ONLY Case No: PF12020-00416 Permit fec: Received by: AL Date: 11/2 20 Approved by: 7 rf ,U . Date: i i/2/2 Notified by: Ijg— Date: / 0.14 City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of4 DEVELOPMENT ENGINEERING FEES Public Facility Improvement(PFI)Permit: INITIAL PFI PERMIT FEE Part 1: Required submittal fee is 10%of the Net PH Permit Fee.See below for calculations.Minimum of$300. NET PFI PERMIT FEE Part 2: All non-water system improvements engineer's estimate X 7%(less the initial PH Permit Fee). WATER LINE CONSTRUCTION FEE Part 3: All public water system improvements engineer's estimate X 12%. FOR STAFF USE ONLY FOR STAFF USE ONLY TYPE 4: SMALL WIRELESS FACILITY TYPE 1—3: DETAILED SUBMITTAL CHECKLIST REQUIREMENTS Does applicant have a right-of-way license? ❑Yes El No TYPE 1 AND TYPE 2-Must include a sketch showing: Under the wireless facilities standards,is the proposal ❑ Dimensions considered?(check all that apply): ❑Small Cell 0 Macro ❑ Street Name How many install sites are proposed as part of this permit ❑ Site Address application? TYPE 3-Must provide 4 sets of plans (sized 24 x 36 or 22 x 34) and an electronic version of all submittal The proposed equipment is located on which of the following: items. The plans must that include: ❑Public Right-of-Way ❑Private Property ❑ Cover—Site,Vicinity,Abbreviation,Legend If equipment is to be located on private property,describe the El General Notes(City,Water,Sewer,etc.) type&use: 0 Street(Plan,Profile) ❑ Water,Storm and Sanitary(Plan,Profile) O Water Quality Facilities ❑ Grading Is this a Capital Improvement Project(CIP)? ❑Yes ❑No 0 Landscaping/Tree Plan ❑ Composite Utility Plan(Electrical,Phone,Gas, Storm, Is this permit associated with a Capital Improvement Project Sanitary,Water,Signage,Street Lights,etc.) (CIP)? ❑Yes ❑No 0 Details O Traffic Sight Distance PFI permit# 0 Signing and Striping ❑ Street Light Plan and Photometric Will this permit require erosion control? ❑Yes ❑No 0 Engineer's Seal/Signature 0 Sheet Label(project Land Use name,revision and plan log block,dates,and sheet numbers.) Blank for future use: 0 Engineer's Construction Estimate ❑Available Space ❑Available Space Additional Submittals (per Land Use conditions,if applicable) Blank for future use: ❑ Traffic Report ❑ Stormwater Drainage Calculations ❑ Geotechnical Report ❑ Preliminary Access Report(Sight Distance) ❑ Proposed Plat 0 Pathway Design O Water Provider Approval City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 3 of ti'11140, r • -t • i a �f '` n tr Yrys givit,z cn • '- a ., 4• i• , 'l J e y) 4114601.4 * ,,, y C WI E,rol,St' :; ti _ ! f' t 4 r, mod.. . 1� ti ""•4 .' ,l i y,� +p F car �'�'. --.0' *.h.,.0.,•4s I a.a. ",. 1°, 44 " • - •Nk F A. .- 4— `1.) ' . iik...1 ;,-•te...•$4: -, ,111 le' , ' , ' A 1„1„i, ,IT 'Sr° . 1 holli • • . s, k 1.. ..: i = ‘,..41( .. • - - ' , .- • , . .4 . A. • 3,•^ < `. WeY 4 � y . ,u_ y ,..� +'• _ i . •- -. \�T ',fs >ry. f 1 '�,, L TYPE 1 AND TYPE 2: MINIUM SKETCH REQUIREMENTS (Put N/A if not applicable) North arrow Property lines&dimension-. Existing utilities locations (sewer, storm,water) Street& street names All existing structures Proposed work Existing curb or edge of pavement Utility&street light poles Existing S/W or D/W apron Slope of property Trees City 0/Tigard • 13]25 S\ti'Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 4 of CITY OF TIGARD _," . SW PATHFINDER WAY-COURT RAMP IMPROVEMENTS PROJECT f October 2020 e e E llie_SHEET INDEX LEGEND I T__ - gg craw cure GENERAL NOTES _- 1 rmAA.mann.a... . ,m R....r... o--m- nw:o PIS_nIn(its,off`AM AT let oarm w�.w w I. M WOWS S ...-m.am-t.. > _ _ _ 0 whO..w11101.An PO.LAM M.,m m+..m Rm1. c �1°'�.s.gym ..... m.ae. - curt". Rows .:r .I ` A .mica SS..'OCAS..AS Kt.KO. Sat.,. OSSIIS Win mnr wo. MN My Om.sm.:e Pot COLAS.. C +. �mm r-mSSm- m 6 o ti.i ter..: I I .�:Q .s.. N� i. 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STO 6H...HMn .n...," _ MVO 503 TYPICAL SIDEWALK RAMP REPLACEMENT — SECTION �� • S e �c .fit i4I SIOFWAI K RAMP OFNFRAI NOTFS' �/r .E.emu.n i nrE•.u.`m.i rH'r mmnse Ase.e°sim0'�0H....A.A.SS.N ri .a..Foam E A..n H.Ma NW N ...w AO m awn5 m...22....none 0¢ WM fa 115 ...�r.�.....i...5INO, u z=i`u «...1Ooa.sm6H11.211 mA TAWn..�..co.ACIOR Au 52. WIH N-,. .T w.n.1 SCORING CFNERAL NOTES: ~i0rc-W,z. mn.—A.Emns WC..I. Di INS rw......mm n�..n AM.0 v iu ^IANCr wm VaTkrr 6 a see as ammo a off ."ameum�'..'�'. m ..:wr ea ' a..w i6 cc n o a i.rc awn scan'^"... a_y t M tM.or..Fa6 An 6N.ue or AYN.ost so aro moos�i�e. 'r r lir SC. ..F TSc AT To 1 tW bee; x.am.w ui. �� Hvn...w. UV13 • .Nv4�M1Y Y.N YJB�aM tl.�.Yf MVMVe rH MM m�C1 • ...........n Q yam. ,.MOP Tx w m.F'...MC.Y. tl 00.M Masao • Nei E1MFMKwV'16'Bl..x 4. 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D 1 rHs Sw.Au C..me an 6 mama a.E Farm Hon.a m 3.r 3 Contract r, C210041 CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO ADA RAMP INSTALLATION— SW PATHFINDER CT THIS AGREEMENT made and entered into this 19's of October.2020 by and between the City of Tigard,a municipal corporation of the State of Oregon, hereinafter called "City", and Elting, NW, hereinafter called "Contractor",collectively known as the"Parties" RECITALS WHEREAS, (,ontractor has submitted a bid or proposal to City to provide specific services;and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS, City and Contractor wish to enter into a contract under which City will purchase the services described in Contractor's bid or proposal; THEREFORE.the Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to installation of a sidewalk panel and ramp detailed in Exhibit A—Scope of Services and by this reference made a part hereof. • 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires, unless otherwise terminated or extended, on December 31, 2020. AU services are to be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pap Contractor an amount not exceeding Twenty Two Thousand Five Hundred and No/100 Dollars ($22,500.(X1) for of those services described herein,which payment is based upon the following applicable terms • 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. B. Payment will he made in installments based on Contractor's invoice, subject to the approval by the City, 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. D. Contractor must make payments promptly,as due,to all persons supplying labor or materials for the prosecution of this work. 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 to the Industrial Accident Fund from the contractor or any subcontractor. H. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person 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. 'l'he 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,or all sums that contractor agrees to pay for the services 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, arc not active members of the Oregon Public Employee 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. mustobtain,prior to the execution of anyperformance under this Agreement,a City of K. Contractor , gr 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 expenditure to finance costs of this contract during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's City Council. 4. ASSIGNMENT/DELEGATION Neither party may assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party will be invalid. 5. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills will be made in writing and may be given by personal delivery,mail or fax. 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: 2t CITY OF TIGARD ELTING,NORTHWEST INC Ann: Nichole George Attn: Steve Dunn Address: 13125 SW 1 fall Blvd. Address: PO BOX 1401) Tigard,Oregon 97223 Clackamas OR 97015 Phone: (503) 718-2584 Phone: (503) 656-0954 Email: nielo Gi by;ird or y, , Ismail: sd Lind/Pelt ingnv.com 6. TERMINATION There shall be no penalty for early termination with a thirty (30) day notice, If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered prorated to the date of termination. 7. ACCESS TO RECORDS City will have access to such books,documents,papers and records of Contractor as arc directly pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts. 8. FORCE MAJEURE Neither City nor 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. 9. 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' A. Title VI of the Civil Rights Act of 1964; B. Section \'of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2(108(Pub 1.No 101 3.36);and ORS 659A.142, including all amendments of and regulations and administrative rules, and all other applicable requirements of federal and state civil tights and rehabilitation statutes, rules and regulations. 10. INDEMNITY Contractor agrees to and shall defend, indemnify and hold harmless City,City's officers, employees, agents and representati‘es from and against all liability, claims, costs,demands,judgments, penalties, 31 and causes of action of any kind or character,or other costs or expenses incidental to the investigation and defense thereof,of whatever nature,resulting from or arising out of the activities of the Contractor or its subcontractors,agents,or employees in performance of this contract,except,however, that the foregoing shall not apply to liability that arises out of the City's,its officers, employees, agents and representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this indemnification. 11. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term oIdris contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall 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 11135 or equivalent). This coverage shall 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 1,0O0,000 Personal& Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the tent 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 shall not be less than 52,0(X),(X10. If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor shall 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"form. The Combined Single Limit per occurrence shall 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 shall 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 4 Oregon for more than ill 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 shall provide Employer's liability Insurance with coverage limits of not less than$1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract E. Insurance Carrier Rating (:overages 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. Rest rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. F. Self-Insurance The City understands that some Contractors may self-insure for business risks and the Cit will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. C. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement, A renewal certificate will he sent to the below address prior to coverage expiration. H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer,employee or agent of the City as those temts are used in ORS 30.265. I. Primary Coverage Clarification The parties agree that Contractor's coverage shall be 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. J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will Ix included in all general liability, professional liability,pollution and errors and omissions policies requited by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: 51 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 forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed Io limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract. 12. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert),attomey's fees and court costs on appeal. 13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not Limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapters 279A, 279B, and 279C, the provisions of which are hereby made a part of this agreement. 14. CHOICE OF LAW.VENUE '11w provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland. 15. HAZARDOUS MATERIALS Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSI 1A 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 16. 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. 6I r 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 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. 18. SEVERABILITY In the event am 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 shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 19. REPRESENTATIONS AND WARRANTIES Contractor represents and warrants to the City that: A. Contractor has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms. C. Contractor(to the best of Contractor's knowledge,after dun inquiry),for a period of no fewer than six calendar years (or since the finn's inception if less than that) preceding the effective date of this Agreement. faithfully has complied with: 1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or compensation for any work performed by Contractor; 3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods,services,or property,whether tangible or intangible,provided by Contractor;and 4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement, and Contractors services rendered in the performance of Contractor's obligations under this Agreement,shall be provided to the City free and clear of any and all restrictions on or conditions of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims. mortgages,security interests,liabilities,charges, and encumbrances of any kind. 20. COMPLIANCE WITH TAX LAWS A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of am political subdivision of the State of Oregon. For the purposes of this Section,"tax laws"includes all the provisions described in subsection 25.C. l) through 4)of this Agreement. B. Any violation of subsection A of this section shall constitute a material breach of this Agreement. 7I Further, any violation of Contractor's warranty, in subsection 251: of this Agreement, that the Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the City to terminate this Agreement,to pursue and recover any and all damages that arise from the breach and the termination of this Agreement,and to pursue any or all of the remedies available under this Agreement,at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor,in an amount equal to State's setoff right,without penalty;and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Contractor 's breach of this Agreement, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement Contractor. C. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. These remedies arc cumulative to the extent the remedies are not inconsistent,and the City may pursue any remedy or remedies singly,collectively,successively,or in any order whatsoever. IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written CITY OF TIGARD ELTING NORTH! T,INC Authorized City Representative By:: Authorized Contractor Representative Date Date 81 CITY OF TIGARD . La SW PATHFINDER WAY-COURT RAMP IMPROVEMENTS PROJECT ¶� October 2020 `4 r e p 1111 SHEET MIXj' lif I OW - - .. a r.s r,. ..rer,... I ' 1. 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