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EC Company Contract#. CITY OF TIGARD,OREGON PUBLIC IMPROVEMENT CONTRACT—NON-PWRPROJECT ELECTRICAL CONSTRUCTION FOR SUMMERLAKE PARK STORAGE BUILDING THIS CONTRACT,made and entered into this day of2010,by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and EC Company hereinafter called "Contractor,"duly authorized-to perform such services in Oregon. RECITALS WHEREAS,the Cityrequires services Which.Contractor is capable of providing,under terms and conditions hereinafterdescribed;and WHEREAS,time.is of the essence in this contract and all Workunder this contract shall be completed within the time period stated in the-Scope of Work; THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as follows:< TERMS OF AGREEMENT 1. Services Contractor's services under this Agreement shall consist of electrical construction for a 26-foot by 60- foot pre-engineered storage building'according to Exhibit Scope of Work,and Exhibit B;Draining. 2. Prevailing Wage While,the City and Contractor enter into this Agreement with the understanding that the work to be completed does.not initially exceed $50;000 and therefore does not initially require the provisions of ORS Chapters 279A and 279C or other Oregon and Federal provisions pertaining to minimum. salaries and.wages, the said:provisions are incorporated herein by reference as if fully set forth in the event the conttk6s amended to.exceed,$50,000.at any point. The Contractor agrees that,-in the event the contract ever exceeds.$50,000, the workmen in each trade or occupation required 'for ;the. work to be done pursuant to the contract, employed in the performance of the Contract; either by the Contractor or Subcontractor or,other person doing or contracting to do any part of the work contemplated by the Contractor shall be paid not less than the Prevailing,minimum hourly rate ofwage specified by the Commissioner of the Bureau of Labor. This includes anyrequired.back pay forwork done while the contra.ctwas under$50,000. Once'the.project exceeds the.$50,000 threshold, all employees shall be entitled to back-pay equal to or greater than the wages required under BOLI laws. If the contract reaches$50,000 or greater through change orders; the City shall pay a fee equal to one- tenth of one percent (001) of the price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the first progress payment or 60 days from die date work first began on the contract,whichever comes first. The fee is.payable to the Bureau of Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 NE Oregon Street,# 32 Portland,Oregon 97232 Also in the event the contract reaches $50,000 through change orders or amendments, the Contractor shall provide proof to the City that the Contractor has filed a public works bond with a corporate surety in the amount of $30,000 with the Construction Contractors Board as required wider Oregon PWR law. House Bill 2021 enacted during the 2007 Assembly of the Oregon Legislature makes a public agency liable for any wages,'fringe benefits, and liquidated damages unpaid to workers as a result of the public agency failing to include information about prevailing wage rates in the specifications for public contracts. This law was effective January 1,2008. 3. Contract Documents The Contractor is hereby bound.to comply with any and all requirements of this agreement;including, but not limited to Exhibit A, Scope of Work, and: Exhibit B, Drawing. The Scope of Work and Drawing, by this reference, are-made a part hereof with the same legal force and effect as if set forth herein in full. 4. City's Representative For purposes Hereof, the City's_authorized representative will be the Nick Nissen, Facility Services Supervisor;who is available by email at ngg@tiigard-or.gov or by phone at 503.718.2605. 5. Contractor's Representative For purpose hereof, the Contractors authorized representative will be Troy Rondema who is available by email at TroyR@e-c-com.com e-c-com.com or by phone at 503.220.5305(desk)/503.310.3039(cell). 6. Contractor Identification Contractor shall furnish to the City the Contractor's employer identification number,as designated by the Internal Revenue.Service,or Contractor's social security number,as City deems applicable. 7. Compensation City agrees to compensate Contractor for goods or services supplied,including any applicable shipping and handling charges, as detailed in Exhibit. A, Scope of Work. City shall not be responsible for payment of any materials,services,expense,or costs other than those which are specifically included in Exhibit A. Compensation over the life of this Contract is not to exceed Six Thousand Six Hundred Sixty- Eight Dollars ($6,668.00). Payment will be made based on Contractor's invoice, subject to the approval of die Contract Manager or appropriate City representative, and not more frequently than mond-Ay. Payment shall be made only for work actually completed as of date of invoice. Payment tennis shall benet30 days from date of invoice. Payment by the City shall release the City from.any further obligation for payment to Contractor for services performed or expenses incurred. Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. Page 2 In the event the contract ever reaches $50,000, the Contractor shall include proof of 1payment to any and all subcontractors and suppliers with each statement submitted to the,City: The initial statement at that junction rnust:also contain proof of paid back wages: The City shall.retain die'right to withhold payments ifrequired proof of payment to subcontractor and suppliers is-not uicluded with a statement in this event. Also, as requited under State.of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25%of any progress.payment amounts owed to Contractor if'Contractor has failed to. file certified payrolls sli'eets with the City in the event the contract readies$50,000: The.Contractor. agrees.that the "Time. of Completion" is defined.in Exhibit A. Scope of Work, and agrees to complete the work'by said date. Tl e Contractor and' City agree that. the City will suffer damages each day the.work remains uncompleted after the Time of Completion-and that the amount of those<damaees are:difficult to calculate. Contractor Iand City'agree that,a reasonable amount of damages-for late completion is,$50.00 per day and Contractor agrees to pay damages irn that amount-if the work is not completed.by the'I'ime:of Completion. The.Contractor shall notify die City;in writing when the Contractor considers the project complete, and the City shall,within 15 days after:receiving the.written notice;.either:accept,the work or notify the Contractor of vvork`yet to.be performed on,the contract. U,pon:acceptance by the City, the entire balance due to the Contractor shall be paid to die Contractor, by die-City within 30 days,after the date of said ficial acceptance. As a. further condition of:.final acceptance, the City:may require the Contractor:to submit evidence, satisfactory. to the City's Representative,. that all payrolls, inateral bills, and other .indebtedness cohnected With:the project have been paid, except that iii case of any disputed indelatedness or,liens, the Contractor may submit'iii lieu of:evidence of payment, a. surety bond. satisfactory to the City guaranteeing payment of'all.such disputed amounts when adjudicatedimcases where such payment has. not already been guaranteed,by surety:bond: 8. Siafus:OfCon traciorAs.1iidependent.Contractor Contractor.certifies.that A: Contractor 1Clu10\sledges that_for.all purposes related to diis Agreement, Contractor is and shall be deemed -to be an independent, Contractor,as defined, by_ORS670:600 and not an employeeofCity,shall not be;entitled to benefits of any kind to which an employee of City is: entitled and shall be solely responsible for. all paythoits and taxes required by law. Furthermore, in the event that-Contractor is foun&by a:court of law or any administrative agency to :be lan employee of. City for any purpose, City shall be entitled to offset compensation diie, or to demand repayment.of any.arnounts 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 funding and to. the full extent of any payments that City is required to make (to Contractor or.to a third party) as a result of said finding. B 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: Page.3 C. If-this payment is to be charged against Federal funds,Contractor certifies that he or she is not currently employed by the Federal Government and-the amount charged does not exceed his or her normal charge for the type of service provided. D. Contractor and its employees,if any,.are not active members of the Oregon Public Employees Retirement System and are not employed fora total.of 600 hours or more in the calendar year by airy public employer participating iii the Retirement:System. E. Contractor certifies that it currently has a City business license or will obtain one prior to; delivering services under.this Agreement. F. Contractor'is not:an,officer, employee; or agent.of the City as those terms are used.in ORS 30:265. 9. Subcontracts-Assikn nent,&Delegation Corntractor shall:sArnii a list of',Subcontraetors for approval`by-the:City;and Contractor shall be fully responsible for the acts or otnissions.of any Subcontractors-an&of allpersons employed by them,and neither;the approval by City of any Subcontractor nor anything contained.herein shall be deemed to create'aiiy contfactual.relarion between the Subcontractor and City. This agreement, and.all of the ,covenants and conditions hereof; shalt inure to the benefit of and be binding upon tlie:City and the Co itractor.respectively.and der legal;representat ves. Contractor shall not assign any rights nor:delegate any, duties incurred by this.contract; or any part hereof without the Nvritten consent of City;and any assignment or.delegation.-in violation Hereof shall be void. A:riy,and all subcoritr.acts.eissued_l5y'the°Contractor shall contain=a,:provision that workers shall be paid not less that the PWR Law specified minhium wagedf this contract-ever exceeds $50;000 as outlined in Section Z. 10; Contractor-Payment of Benefits-:Hours of Work A:. The Contractor`shall: 1) Make payment promptly,,as due, to.all persons supplying to:such Contractor labor:or material.for the.prosecut on of the Worlt provided for.ih this contract; 2) Pay all contributions,or amounts due the under the:Indus"ti al Accident Fund form the Contractor.or subcontractor incurred in:.the performance:of this Agreement; 3) Pay to the Depamnent of-Revenue all sums withheld from employees pursuant to' ORS 316.467; .4) Not perrnit:any lien,or claim.to be filed or prosecuted against the City of Tigard, on account otany labor or material furnished. B: If this contract ever exceeds, $50,000 as outlined in Section 2, the Contractor or the Contractor's.Suretyand every. Subcontractor or the Subcontractor's Surety shall file certified statements with the City in writing in,form prescribed by the Couuriissioner of the,Bureau of Iabor and Industries,certifying the hourly rate of wage paid each-worker which the Contractor or the Subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the prevailing rate of wage, which certificate and statement shall be verified. by 'tl e, oath of the Contractor or the Contractors Surety or Subcontractor or the Subcontractor's Surety that the Contractor or Page 4 Subcontractor has read such statement and certificate and'knows the contents thereof and that the same is true to the Contractor's or Subcontractor's knowledge. 1) The certified statements shall set out accurately and completely the payroll records for the-prior week, including the same and address,of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. 2) Each:.cerd fled statement required herein shall be:delivered_or mailed by the Contractor or Subcontractor to the City. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the 'Bureau of Labor and Industries. Certified statemetits shall be submitted as.follows: a) For any project 90 days or less from.the:date of the-.award of the contract to the date of completion of work-under the.contract, the,statements shall be submitted once before the first payment;1s made, and once before final payment is made:of my%sum.due on accountof;the contract. b) For any project exceeding 90 days:from the date of the.award of the contract to the date of completion:of work under contract, the statements shall be s!Omitted once before the Aist.payhjent is mad'e,.at90 day intervals thereafter, and once before final pa3mient is made .of..any sum due.on account of the contract. c) Each Contractor or Subcontractor shall preseive; certified statements for a period of threeyears from the;date,o.f.coirr on of the contract. C. The Contractor agrees that if the Contractor.fails;;neglects grrefuses to make prompt payment of any. claim,for labor or services fimiished 'to the Contractor or a Subcontractor by any person m.connection with this contract as such,c becomes;due; the proper office of the C ty;of Tigard may pay such claim.to:the person fiumshjhg fine-labor or services and charge the amount of'die--,payment against funds.due..or to become due to:the Contractors by.reason,of such contract. Payment of a claim in this.iiianner Aall not.'relieve .the' Contractor or the Contractor's Surety from obligation withrespectto any unpaid claims: D. Contractor;agrees that rio person.shall be employed,for more dian ten (10).hours in..any one day,:or 40'hours,in any one week;.except in cases;of'necessity or emergency or i1 en the Ci y deems it ul the best interestof the public'or policy absolutely requires it :in which,event;the person so employed for excessive hours :shall receive at least:time and a half pay for the following: 1y For,all overtime in excess of eight hours in any one�dayor40 hours in any one week When the work week is five consecutive days,Monday through Friday; or 2)' For all overtime in excess of 10 hours-in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and 3) For.all.work performed on Saturday and on the.legal holidays specified in.ORS 279C.540. E. No City employee shall be required. to work overtime or on a Saturday, Sunday or.holiday-in the f ilfillinent of this contract except where the.Contractor agrees,to reimburse the City in the. amount of:money paid the employee for such work as determined by state law, the City's Page 5 personnel rules or union. agreeiiie"nt: The Contractor shall require every Subcontractor to comply with this requirement: F. If Contractor or any first-tier- subcontractor fails to pay a person furnishing labor or material. within 30 days after .receipt of payment form the City or from the Contractor to a subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due plus interest commending at the end of the 10 day period.that the payment is due under ORS. 279.0.580, unless payment is subject to a good-faith dispute. The interest rate shall be.as, specified in ORS.279C.505(2). If the Contractor or any subcontractor fails,neglects,or refuses to pay a person furnishing labor or materials the person may, file a complaint with the Construction Contractors.Board, unless the payment is subject to a good faith dispute as defined in ORS.279C.580. G. Contractor shall include a clause in each contact°with a subcontractor a requirement that the. contractor pay th e, subcontractor for satisfactory performance within to days of receipt of payment from the Cityfor the work. Contractor shakinclude incontractswith subcontractors an interest provision for-such payments in compliance with ORS 279C.580. Contractor shall include a clause-in-dgch contract lvith_a subcontracto 'requiiYng die subcontractor to meet the same payment and intereststandards as required by ORS 279C.580 (4). 11. Drug Testing Program ORS 279C.505 requires that'. all public ;improvement contracts contain a provision requiring contractors to demonstrate that an employee drug-testing program is inplace. The Contractor demonstrates that a drug-testing.,program is in place by signing. of;the, contact The drug :testing ro will:a 1 to all employees and will be maittamed:for the:duration,of the Contract.awarded: P ' Pp y ` railure to maintain,a program shall constitute a:material'breach'of contract. 12: Contractor's Employee Medical Pa,ments Contractor agrees to,pay promptly-as due, to any person; co-partnership, association orcorporation furnishing medical,.surgical, and.Hospital:care or other needed'care�and attention incident to:sickness or jjury to the Contractor's employees; all sums which the Contractovagreed to pay for suchservices, and'all money and sums'xvlueh the:Contractor collected or deducted'from employee-wages pursuant to, any law,:contract.or agreement;:for providing or paying,for such'service.. 13. Early Termination A. This agreement may be terminated without cause..prior to the expiration of die agreed upon term by mutual written consent of the parties and for tTe:follo-ving.reasons: 1) If'work underahe Contract is suspended by an order of a public agency for any reason considered to be'in the public interest other than by a labor dispute or by reason of any third parry judicial proceeding relating to the work other than a suit or action filed ui regard to a labor dispute;or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial pordon.:of the Contract: B. Payment of Contractor shall be as provided by ORS 279C.660 and-shall be prorated to and. include the day of termination and shall be in full-satisfaction, of all claims by Conttactor against City under this Agreement. Page 6 C: Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor:or City W i.ch.accrued prior.to such termination.. 14. Cancellation with Cause. A. City may teniiinate this Agreement effective upon delivery of written notice to Contractor; or at such later date as may be established by City,underany of the following,conditions: 1) If City funding ftori federal,. state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of seivices: This.Agreement may be:modified to accommodate,a.reduction in fiends, 2) IfTederal or State regulations:or guidelines are:modified, changed, or interpreted in such a lvay that the services are no longer allowable or appropriate far'purcbase under this Agreement; 3) If any license or-certificate required 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,"season denied;revoked,or`not renewed,or 4) If Contractor becomes"irisolyent, if voluntary or irivoluntary`petition in liankruptcp'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. Airy such.terms ation of.Ellis:agreement under paragraph.,(a) shall be without prejudice to any obligations or liabilit es�of either:party already accrued.prior to such=termination. B. City, by"written notice.of default (including breach of contract):to Contractor;may tennuate the whole of any part of;this Agreement:= 1) If Contractor:fails::to provide services called.for"by this agreement"within the time" specified.herein or any extension thereof,or 2). If Contractor fails to.perform"any of die other pro risions.of"this Agreement,or:so fails to.pursue the work has to:endanger performance of this:agreement in;accordance lvith its. terms. and.after receipt of written notice.from.City; fails to correct such failures: witliin,ten(1Q)`"days orsuc_hz other period as"City may authorize. The rights and remedies�c&City.provided an the above clause related to defaults (including. breach ofzontract) byContractor: hall:not be exclusive and are"iii addition to any other`rigF is dhd remedies provided.by`Iaw"or"under"this Agreement. If City terminates this Agreement under paragraph.(b),,Contra c"tor.sl all"'be entitled to receive. as full paymentfor.all semv ces'satisfactorily rendered and expens'es;uicurred an arrow-it which bears the same'ratio'to.the :total-fees specified yin this Agreement:as the services satisfactorily rendered by Contractor bear to the total services otherwise required to be performed"for such total fee;.provided, that there shall.be deducted from such amount.the:amount of damages,if any,:sustained by City due to Breach of contract by Contractor. Damages for breach of -contract shall be those allowed by""Oregon law, reasonable.and necessary attorney fees;,and other costs of litigation at trial and upon appeal..i 15. Access to Records City shall have access to such book, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose ofmaking.audit,examination,excerpts,and:transcripts.: Page 7 16. Work,is Properly of City All work performed by Contractor under this Agreement shall be the property of the City. 17. Adherence to.Law A. Contractor shall adhere to all applicable laws governing its relationship-,with its employees, including but not limited 'to laws, rules; regulations, .and policies concerning workers' compensation,and mi imum.and':4ilii g'wage:requirernents: B. To the extent applicable, die Contractor represents tliat it will:comply with Executive :Order 11246 as amended; Executive.Order.1.1141, Section 5,03:of the Vocational Rehabilitation Act of 1973 as amended and the Age Disciirnination.Act of 1975, and all rules and regulations issued pursuant to.the Acts. C. As provided by'ORS 279C.525,:all. applicable provisions .of.federal, state or local statutes, ordinances and.regulations. dealing with the prevention of environmental pollution and the preservation of natural resources that affect the work ;under.this contract are by reference incorporated herein to the-same force:and affect as if serYf6rdi.herein in full. If the Contractor must undertake additional work:due,to thei enactment of new,or the amendment of existing statutes; ordinances or regulations. occurring.'after the;submission of the successful bid;the City, shall issue a Change'Order. setting forth the additional`tvork.that.must be undertaken. 'The Change Order shall not. invalidate the, Contract,and there shall. he, in addition to a reasonable extension,afnecessary,of the contract time,a reasonable.adjustment in the contract pricey if necessary; to compensate.the:Contractor for all.costs and expenses incurred;including oveAidad-and profits, as.a.result of die.delay..or additional wom.. 18. Changes City may at any, time, and without notice;:issue a written Change"Order'requiring additional work within the general scope of this Contract; or aiiy:amCndmeiit dlereto, of directing the omission of`,6r vat tioxi.'in work: 'If such Chaizge Order results,,'„ui a;riiaterial char ge in rlie amount<or character.of the work,an equitable adjustment in othe-Contract price and,Other,provisions.of-this Contract-as may, affected ;may be made: Any,.claim,by Contractor for and adju§tnient xunder this section, shall;be ;asserted in,.-writing,,withip thirty (30) days.,fro n the date of'recOpt by,.Contractor;of'tlie notification of change .or 'the, claim will not bealloxved. Whether madepursuant.to=this section or,by mutual agreement,no change shall be binding upon City until a Chan ge''Oieler is:exeeuted by the Authorized Represeiitatiye'of'Crty,wlvch expressly states that it constitutes w.Change.Order to,this Contract. The issuance, of information,. advice; :approvals, or instructions by City,s: Representative or. other City personnel:shall not constitute an authorized change pursuant to.this section. Nothing contained in this section; shall excuse the Contractor from proceeding with the prosecution of the work iii accordance with the Contract;as changed. 19. ForceMajeure Neither City nor Contractor- shall-be considered in default because of any delays in completion of responsibilities.Hereunder due.to causes beyond the conttol and withoutfaultor negligence-on the part of'tl e party so ,disenabled, including, but not.restricted to, an act of'G'od or of a public enemy, volcano, earthquake; fire; flood; epidemic, quarantine, restriction, area-wide strike,, freight embargo, unusually severe:weather'or delay'`of Subcontractor or suppliers due to such cause; provided that the party so disenabled shall within ten (10) clays from,the beginning of such dday;..notify the other party n writing of the-causes of delay and;its probable extent. Such notification:.shall not be the basis,for a chin for additional compensation, Each party shall,.however;make all reasonable efforts to remove Pare 8 or eliminate such a.cause of delay or default and sliall, upon cessation of the cause; diligently pursue performance of its:obligation under Contract. 20. Nonwaiver The failure of the City to insist upon or-enforce strict perforinance by Contractor-of any of the terms of this contract or to, exercise any rights hereunder shall not be construed as a waiver or relinquishment to any:extent of its right to assert or rely upon.such terms or rights on any future. occasion. 21. Warranties All wort.- shall be guaranteed by the 'Contractor fora period of;one year after the date of filial acceptance of the work by. the City: Contractor: xvanrants that all practices :and procedures, workmanship, and materials ;shall be the best available unless otherwise specified.ire the profession. Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under warranties contained in or implied by this contract. 22: Attorniey'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's fees and court costs ihduding attomey's.fees'arid court costs on appeal. 23. Governing Law The provisions of this Agreement shall lie constru6d in accordance with theprovisions of die laws of the State of Oregon .An y,action or suitsinvolving any.questions arising under this.Agreement-must'be brought.in-the appropriate-court of the State of Oregon. 24. Cmiflie Beiween Terms It is ;further expressly agreed by 'and between the parties.Hereto that sliould there be any-conflict between,the terms of this instrument and the proposal of:the`Contractor; this instrument shall control. and nothing herein shall.be-considered as an acceptance of"tlie.said"terms of said proposal conflicting herewith: 25 Indemnification Contractor warrants that all its work will. be performed -in: accordance with, -generally accepted- professional'practices and.standards as we 11 as.the-mcluirernents of applicable federal; state and local laws;it being understood.that acceptance of a contractor's work:by:City shall not operate as a waiver. or.release. Contractor agrees to indemnify and defend the City,:its officers,agents and employees and hold there Harmless from:any and all liability.,causes of action, claims,.losses, damages,judgments or other costs or expenses including.attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal,ever tales.place) 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, arisiing.out of the negligence of the City and its employees. 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 validity of the remainder of this indemnification. 26. Insurance Contractor"and its subcontractors shall maintain insurance;acceptable to City in full force and:effect dzrougbout°the term of this contract. Such insurance,shall cover all risks arising.directly or indirectly Page,9 out of Contractor's activities or work hereunder, including the operations of itssubcontractors of any tier. Sucb insurance shall include provisions that such insurance is primary insurance with respect to theinterests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance:required hereunder. The policy'or policies of'insurance niaintained by the Contractor.am its subcontractor 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 (1996 ISO or equivalent). This coverage shall.include Contractual Liability insurance for: the indemnity provided under this contract: The following:insurance will be carried: Coverage Limit GGeneral Aggregate $1,000;000 Products=Compleied Operations Aggregate $1;000,000 Personal:&.Advertising'Iiijury $1,000;000 Each Occurrence $1,0001000 Tire Damage(Any one fire) $50,000 Medical Expense(Anyone person) $5,000 B: Commercial Automobile Insurance; Contractor shall,.also obtain, at contractor's expense :and kee coverage fincludmg coverage term all owned, lured, aridino oovned vehicles. Liability p during >y "Symbol The Combined Single Limit per occurrence shall-not be less than$1,000,000: C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all employers providing.work,:labor.or materials under this Contracture:subject:employers under. the,Oregon Wb kers'Compensation law and shall comply wiEli,ORS 656.017,which requires them to provide workers.'compensation coverage diat'satisfies Oregon lawfor all their subject workers. Out=of-state employers must provide Oregon workers' compensation coverage for their workers who Work ata single Location Nvitliin Oregon.for mor..e.than.;30 days in,a:calendar, year.. :Contract6ts-wliq perforin work without the assistance o.r abor of-any employee:need not`to obtain such-.coverage:" This shall include Employer's:Liability Insurance:with coverage: limits of norles"s than$100,000 each accident. D. Additional Insured Provision: The City, of Tigard, Oregon, its officers, directors, and employees shall be added: as .additional insureds with respect to this contract. All. Liability Insurance policies will be endorsed to show this additional.coverage. E. Notice -of Cancellation: There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Airy failure fo. comply with flus prov=ision will not affect the iiisuiance coverage. provided.to the, City: The,30 days notice of cancellation provision shall be physically endorsed. 'on to the policy: F. Insurance Catrier.Rating: Coverage provided by the Contractor must be underwritten by an insurancecompany deemed acceptable by't1ie-Ciry: The Cityreserves the right to reject all or any insmance.carrier(s)with�an unacceptable financial rating. Page 10 G. .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 effected until the required certificateshave been received and approved by-the City. The certificate will specify and document.all provisions within this contract. A renewal certificate will be sent to the above address 10 days 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,te ms are used in'ORS 30.265. I. Primary Coverage;Clarification: All parties to this contract hereby agree that the contractor's coverage will be primaryirn the,event:of a loss. J. Cross-Liabih•ty: .Clause:A.cross-liability clause or separatuoii,of insureds clause will.be:included. in all general liability;:professional liability,pollution and errors.and omissions policies required, by thus contract. Contractors insurance policy'.shall contain provisions that such policies shall not be canceled:or their limits.of'liability reduced:without thirty (30) days prior,notice to,City. A copy of each insurance policy,, certified as a true copy by an authorized representative of the issuing,uisw ince company, or at die: discretion of City;`in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shallbe forwarded to:. City-of Tigard Attn:, Greer Gaston,.Management.Analyst 13125 SW Hall'Blvd. Tigard,:Oregon 9.7223: Such policies :or certificates must bet delivered-prior to 'commencement of the Work:, Teri;days: cancellation notice shall be.provided City by certified mail to the-name at the address listed'above in: event of cancellation.or,xion-renewal .of the insurance. The procuring of such required insurance shall not:be construed,;to:limit contractor's liability hereunder. Notw thstandiiisaid insurance; Contractor shall be obligated for the. total amount of any, damage, injury; or loss' caused by negligence or neglect connected with this contract. 27.. Method and Place of Giving:Notice;.Sub mitting.BiRIs and MajdtW-`Payments. All notice's,bills and pYma " ts shall`be made in writing and may l e,given,by personal delivery or by -en" mail..1Vot'ices,,bills and payments sent by mail should be addressed as follows: City of Tigard Company- EC Company Attn 'Nick•Niss.en,I Fadlity Services Supervisor Attn: Troy Rorideina Address: 13125 S'W Hall'Blvd. Address: 21 1,NW Thurman.Street: Tigard,Ore on 97223 Portland,OR 9.7210 Phone X03.639.4171.e_xt.2605 Phone: 503;22Q.5305 desk / 503:310.3039 cell Fax: 503:684:8840, Fix: 503.248.6353 Email Address: nkn@,tigard-or-.gov Email Address: TroyR@e-c-co.com Page:11 and when so addressed,shall be deemedgiven,upon deposit in.the United States mail,postage prepaid. In all.other instances,notices, bills and payments shall be deemed given at the time of actual delivery.' Changes-may be made in d-le names and addresses of the person to whom notices,bills and payments are to be given by giving written notice pursuant to this-paragraph. 28. Hazardous Materials Contractor shall supply Ciry. -%vith.a list of any and all hazardous substances used in performance of this. Agreement:. That list shall.identify the location of storage and use of all such hazardous substances and identify the amounts stored and used at each location. Contractor shall provide City with material safety data sheets-for..all hazardous substances brought,onto.City,property;created on City property or delivered to City pursuant"to this Agreement. For the purpose of;this section;."hazardous.'substance" means hazardous substance,as defined by ORS 453:307(4). Coiitractor.shall complete the State Fire, Marshall's hazardous:substance survey as required by, ORS 453.317 and shall assist City:to complete any such survey that.it,may be required to complete because of suhstances used in die performance of this;Agreement. 29. Hazardous Waste If, as a result of pe fori ante of this Agreement,. Contractor generates any hazardous wastes, Contractor shall be responsible for disposal of any, such hazardous wastes in compliance with all applicable federal and state.requirements_ Contractors shall provide City with documentation, including all required: manifests, demonstrating proper transportation and disposal. of any such hazardous wastes: Contractor shall defend, indemnify; and hold harmless City.for any disposal or storage of hazardous wastes "generated ,pursuant to. this. Contract and any releases or discharges of hazardous in, 30. Severability In the event:any provision or portion of this Agreement is held to be unenforceable or:invalid by any court`o.f competent junseliction, the remainder,of this Agreement shall remain in.full"force and effect and shall in"no way be affected'or invalidated.there by. 31. Demolition"=Salvage aind=Recycling As required ,by ORS 2790 510,.Contractor shall salvage or recycfe:any construction and demolition debris'if feasible and:cost-effective. 32. Com fete Agreement This Agreement and attached exhibits constitutes the entire Agreement between the parties. No, waiver;.consent, modification,or change of terms of this Agreement shall.bind either party unless in writing and signed by both parties. Such waiver, consent, modification; or change,if made, shall be effective only in.specific instances and for the specific purpose given. There are no understandings, agreements, or representation.s, Oral or Nvritten; not specified herein regarding this Agreement. Contractor,by the signature of its authorized representative,'hereby acknowledges that he has read this Agreement,understands it and agrees to.be boundby.its terms and conditions. Page 12 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Architect has executed this Agreement on the date hereinabove first written. Approved b Tigard's Local Contract Review Board: Not required for this Project T ceiv E C Sign a Si ature Printed Name&Title Printed Name&Title all 7`!) Date Date Page 13 EXHIBIT A SCOPE OF NVORK erc Eledtrical'Construction Company, Oregon 7and:Washington E C Power:Systems; Oregon, Washington; Utah, Idaho and Colorado p February 26, 2010, ElectricalConstruction for City. of Tigard 13125 SW Hail Blvd. Summe"slake Park Storage Building Tigard,.0regon 9722 4- Phone 503-718-2605 =mail Nicklas(a)tigard-or:gov Attn: Nick Nissen Time of Compl..etion: June 16, 2010 Re Summer. Lake Park The:price'is $.6668.100 C_ la_ rifications ® EC shall furnish and install the following: o (1)200:amp 1. . *0. single. phase main breaker:panel ® (2) ground rods.With connection and.wire,to new panel (1) 12S em0_240 volt,breakde(installed.in pedestal) (1) 50:amp.240 volt breaker (to feed existing building) o (Z);30.amp,breakers s (8)20:amp 120 breakers (8) ;8' chain hung fluorescent fixtures (3)20amp:GFCI receptacles, ® (7)=20 amp duplex:receptacles (GFCI protected) (1);30;amp 240 wlt welding outlet. ® (1) 4000 watt electric wall' heater • (1) 70.Watt metal hallde w�sil pack:with photoceli way,switches, a (1)'3/4 conduit with wire,to;°feed_-existing.buliding from new (conhe'ct::at pedestal) (1) 2".conduit With:wire to;feed new building from.125 amp breaker in pedestal Electrical permit Is Included, Price,i ;.good;30:-days. n All work to"be performed-during normal hours EC.shall not be heid'responsible for existing code violations Trenching and backfiff,is excluded If you have further questions, please:call me at 5,03-504-7.016., Sincerely; E C'Company Greg Smith, ,Project Manager Electrical..Servlees and.Systems Technologies SLwgte.Source E LectV%ept sotutiev .:. 2121 NW Thurman Street,Portland,Oregon:97210 • PO Boz 10286,Portland,Orgon,97296 o Telephone(503)22473511 o Fax-,(503)242-0953www.e-c -company.com o OR GCB#49737 EXHIBIT B Electrical Construction for DRAWING Summerlake Park Storage Building ° 0 circle are trees Q 0 00 Old shop 34x38 0 0 LA) —4— lel ;,A 1112 0 1 door 1044 double door O �o'fi Electrical...`200amp 240 volt J 8 a�r� �._t.s.e SP_ O 6� v1 �� ` &7' Entry door :,a Store room Store rm door rti y o n -c Gr C=T 12 X24 Drive wa vjnn �jP" . Y p20. p20 v add i;ia/f nter text a If Building size-30x60 1800sq ft' 3. 0 gy a d4cl 1 d5 �L Y 4 1.c9 rf O11. y, 2 doors 10x10 1 door 10x12 r el 0 Old Drive way to house 0 0 .0 0 o . 0 0 .