Boart-Longyear ~ 8-1167 Contract#
�1 CITY OF TIGARD,OREGON
= PUBLIC IMPROVEMENT CONTRACT—NON-PWR PROJECT
DEEP BASALT WELL CONVERSION
THIS CONTRACT,made and entered into this 23rd day of April,2008,by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City" and Boart-Longyear Company
Drilling Services hereinafter called"Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS, the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS,time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Bid Proposal;-
THEREFORE,
roposal;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 the following:
Contractor agrees to provide services related to Deep Basalt Well Conversion as detailed in Exhibit A-
Scope of Services, Exhibit B - Contractor's Proposal, Exhibit C - Intergovernmental Agreement
between Tigard/Tualatin School District and the City of Tigard, and by this reference made a part
hereof.
2. Effective Date and Duration
Contractor shall initiate services upon receipt of the City's Notice to Proceed, together with an
executed copy of this Agreement. This Agreement shall become effective upon the date of execution
and shall expire, unless otherwise terminated or extended, on April 22, 2009. All services shall be
completed prior to the expiration of this Agreement.
3. Prevailing Wade `
While the City and Contract 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 contract is 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 of wage specified by the Commissioner of the Bureau of Labor. This
includes any required back pay for work done while the contract was 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
waged required under BOLI laws.
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If the contact reaches $50,000 or greater through change orders, the actor 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 the 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 Hours 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
under Oregon PWR law.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of this agreement, the Contractor's
proposal, the detailed specifications and requirements, the drawings, and the special conditions and
modifications in conditions as set forth in the documents prepared by the City Engineer and the
performance pertaining to this contract, in the City of Tigard, Oregon, and by this reference made a
part hereof to the same legal force and effect as if set forth herein in full.
5. City's Representative
For purposes hereof, the City's authorized representative will be John Goodrich, Utility Manager,
13125 SW Hall Blvd.,Tigard, Oregon 97223;Telephone: 639-4171.
6. Contractor's Representative
For purpose hereof,the Contractor's authorized representative will be Robert Stadeli.
7. 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.
8. Compensation
A. Progress Payments: City agrees to pay Contractor Forty Four Thosand Seven Hundred
Seventy Seven Dollars ($44,777) for performance of those services provided hereunder, which
payment shall be based upon the following applicable terms:
Payment shall be based upon the unit prices bid by the Contractor, as listed in attached
proposal. Contractor shall prepare and submit each month to the City Engineer, 13125 SW
Hall Blvd., Tigard, Oregon 97223, a statement of services rendered, (indicating the description
of each service used in the proposal and the dollar amount of each service completed through
the stated date), together with a request for payment duly verified by the Contractor's
Representative.
Payment by the City shall release the City from any further obligation for payment to
Contractor for services performed or expenses incurred as of the date of the statement of
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services. 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.
In the event the contract ever reaches $50,000, the Contractor shall include proof of payment
to any and all subcontractors and suppliers with each statement submitted to the City. The
initial statement at that junction must also contain proof of paid back wages. The City shall
retain the right to withhold payments if required proof of payment to subcontractor and
suppliers is not included with a statement in this event. Also, ss required 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 sheets
with the City in the event the contract reaches $50,000.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the
statement of services. The Contractor agrees that the "Time of Completion" is defined in the
Bid Proposal, and agrees to complete the work by said date. The 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 damages are difficult to calculate. Contractor and
City agree that a reasonable amount of damages for late completion is $ 50.00 per day and
Contractor agrees to pay damages in that amount if the work is not completed by the Time of
Completion.
C. Final Payment:The Contractor shall notify the 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 work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor, including the retained
percentage, shall be paid to the Contractor, by the City within 30 days after the date of said
final acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per month
on the final payment due the Contractor, to commence 30 days after the work under the
Contract has been completed and accepted and to run until the date when final payment is
tendered to the Contractor. If the City does not, within 15 days after receiving written notice
of completion, notify the Contractor of work yet to be performed to fulfill contractual
obligations, the interest provided by this subsection shall commence to run 30 days after the
end of the 15-day period.
As a further conditions of final acceptance, the City may require the Contractor to submit
evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
9. Status Of Contractor As Independent Contractor
Contractor certifies that:
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A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an
employee of City, shall not be entitled to benefits of any kind to which an employee of City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Contractor under the
terms of this Agreement, to the full extent of any benefits or other remuneration Contractor
receives (from City or third party) as a result of said finding and to the 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.
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 for a total of 600 hours or more in the calendar year
by any public employer participating in 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.
10. Subcontracts -Assignment& Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall be fully
responsible for the acts or omissions of any Subcontractors and of all persons employed by them, and
neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to
create any contractual relation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of City,and any assignment or delegation in violation hereof shall be void.
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PWR Law specified minimum wage.
11. Contractor- Payment of Benefits - Hours of Work
A. The Contractor shall:
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1) Make payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form the
Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on
account of any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor 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 the oath of the
Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's Surety that the
Contractor or 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 certified 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 statements 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 is made, and once before final
payment is made of any sum due on account of 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
submitted once before the first payment is made, at 90 day intervals thereafter,
and once before final payment is made of any sum due on account of the
contract.
C) Each Contractor or Subcontractor shall preserve certified statements for a
period of three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a Subcontractor by any
person in connection with this contract as such claim becomes due, the proper office of the
City of Tigard may pay such claim to the person furnishing the labor or services and charge the
amount of the payment against funds due or to become due to the Contractor by reason of ,
such contract. Payment of a claim in this manner shall not relieve the Contractor or the
Contractor's Surety from obligation with respect to any unpaid claims.
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D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one
day, or 40 hours in any one week, except in cases of necessity or emergency or when the City
deems it in the best interest of 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:
1) For all overtime in excess of eight hours in any one day or 40 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 fulfillment 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
personnel rules or union agreement. 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
279C.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 material, 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 the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors
an interest provision for such payments in compliance with ORS 279C.580. Contractor shall
include a clause in each contract with a subcontractor requiring the subcontractor to meet the
same payment and interest standards as required by ORS 279C.580 (4).
12. 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 in place. The Contractor
demonstrates that a drug-testing program is in place by signing of the contact. The drug testing
program will apply to all employees and will be maintained for the duration of the Contract awarded.
Failure to maintain a program shall constitute a material breach of contract.
13. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
fiuYiishing medical, surgical, and hospital care or other needed care and attention incident to sickness
or injury to the Contractor's employees, all sums which the Contractor agreed to pay for such services
and all money and sums which the Contractor collected or deducted from employee wages pursuant
to any law,contract or agreement for providing or paying for such service.
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14. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed upon
term by mutual written consent of the parties and for the following reasons:
1) If work under the 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 party judicial proceeding relating to the work other than a suit or action filed
in 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 portion 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 Contractor
against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or
at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement,
3) If any license or certificate 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 reason denied,revoked, or not renewed,or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails
to pursue the work as to endanger performance of this agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
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The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Contractor shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred, an amount which
bears the same ratio to the total fees specified in 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.3
16. 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 of making audit, examination,excerpts, and transcripts.
17. Work is Property of City_
All work performed by Contractor under this Agreement shall be the property of the City.
18. 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 minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order
11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act
of 1973 as amended and the Age Discrimination 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 set forth herein in full. If the Contractor
must undertake additional work due to the 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 work that must be undertaken.
The Change Order shall not invalidate the Contract and there shall be, in addition to a
reasonable extension,if necessary, of the contract time, a reasonable adjustment in the contract
price,if necessary, to compensate the Contractor for all costs and expenses incurred, including
overhead and profits,as a result of the delay or additional work.
19. 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 any amendment thereto, or directing the omission of or
variation in work. If such Change Order results in a material change in the amount or character of the
work, an equitable adjustment in the Contract price and other provisions of this Contract as may be
affected may be made. Any claim by Contractor for and adjustment under this section shall be
asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of
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change or the claim will not be allowed. Whether made pursuant to this section or by mutual
agreement, no change shall be binding upon City until a Change Order is executed by the Authorized
Representative of City,which expressly states that it constitutes a 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 in
accordance with the Contract, as changed.
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the party so disenabled, including, but not restricted to, an act of God 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) days from the beginning of such delay, notify the other party
in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance 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.
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in the profession.
Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under
warranties contained in or implied by this contract.
23. 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's fees and court costs
including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any questions arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
25. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should 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 the said terms of said proposal conflicting
herewith.
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26. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and local
laws, it being understood that acceptance of a contractor's work by City shall not operate as a waiver
or release.
Contractor agrees to indemnify and defend the City,its officers, agents and employees and hold them
harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs
or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or
not a trial or appeal ever takes 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 arising 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.
27. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly
out of Contractor's activities or work hereunder, including the operations of its subcontractors of any
tier. Such insurance shall include provisions that such insurance is primary insurance with respect to
the interests 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 maintained by the Contractor and 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
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at contractor's expense, and
keep in effect during the term of the contract, "Symbol 1" Commercial Automobile Liability
coverage including coverage for all owned, hired, and non-owned vehicles. 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 Contract are subject employers under
the Oregon Workers' Compensation Law and 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
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their workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee need
not to obtain such coverage." This shall include Employer's Liability Insurance with coverage
limits of not less 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. Any failure to comply with this provision will not affect the insurance coverage
provided to the City. The 30 days notice of cancellation provision shall be physically endorsed
on to the policy.
F. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an
insurance company deemed acceptable by the City. The City reserves the right to reject all or
any insurance carrier(s)with an unacceptable financial rating.
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 certificates have 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 terms are used in ORS 30.265.
I. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
J. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included
in all general liability,professional liability, pollution and errors and omissions policies required
by this contract.
Contractor's 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 insurance company, or at the
discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of
such insurance shall be forwarded to:
City of Tigard
Attn: John Goodrich
13125 SW Hall Blvd
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. Ten days
cancellation notice shall be provided City by certified mail to the name at the address listed above in
Public Improvement Agreement—PWR Covered Project Page 11
Revised—05/14/2007
Contract#
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
PERFORMANCE BOND
Bond Number:
Project Name:
(Surety #1) Bond Amount No. 1: $
(Surety #2)* Bond Amount No. 2:* $
*If using multiple sureties Total Penal Sum of Bond: $
We, as Principal, 'and the above identified
Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to
pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond) (Provided, that
we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose
of allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds
itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the
name of such Surety), and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications,
terms, and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard
specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part
of this Performance Bond by reference, whether or not attached to the contract (all hereafter called
"Contract"); and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications, and all authorized modifications of the Contract which increase the
amount of the work, the amount of the Contract, or constitute an authorized extension of the time for
performance, notice of any such modifications hereby being waived by the Surety:
NOW,THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall
faithfully and truly observe and comply with the terms, conditions, and provisions of the Contract, in all
respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor
to be performed under the contract, upon the terms set forth therein, and within the time prescribed
therein, or as extended as provided in the Contract, with or without notice to the Sureties, and shall
indemnify and save harmless the City of Tigard, its officers, agents, and employees against any direct or
indirect damages or claim of every kind and description that shall be suffered or claimed to be suffered in
connection with or arising out of the performance of the Contract by the Principal or its subcontractors,
and shall in all respects perform said contract according to law, then this obligation is to be void; otherwise,
it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for
the payment of any premiums.
Public Improvement Agreement—PWR Covered Project Page 14
Revised—05/14/2007
Contract#
This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting
Rules, the provisions of which are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this day of ,
PRINCIPAL:
By:
,Signature
Printed Name &Title
Attest:
SURETY:
(Add signatures for each surety if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accompany each surety bond)
Name
Signature
Address
City State Zip
Phone Fax
Public Improvement Agreement—PWR Covered Project Page 15
Revised—05/14/2007
Contract#
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
PAYMENT BOND
Bond Number:
Project Name:
(Surety #1) Bond Amount No. 1: $
(Surety #2)* Bond Amount No. 2:* $
*If a * multiple sureties Total Penal Sum of Bond: $
We, as Principal, and the above identified
Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to
pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond) (Provided, that
we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose
of allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds
itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the
name of such Surety), and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications,
terms, and conditions of which are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard
specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part
of this Payment bond by reference,whether or not attached to the contract (all hereafter called "Contract");
and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications, and schedule of contract prices which are set forth in the Contract
and any attachments, and all authorized modifications of the Contract which increase the amount of the
work, or the cost of the Contract, or constitute authorized extensions of time for performance fo the
Contract, notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall
faithfully and truly observe and comply with the terms, conditions, and provisions of the Contract, in all
respects, and shall well and truly and fully do and perform all matters and things by it undertaken to be
performed under said Contract and any duly authorized modifications that are made, upon the terms set
forth therein, and within the time prescribed therein, or as extended therein as provided in the Contract,
with or without notice to the Sureties, and shall indemnify and save harmless the City of Tigard its officers,
agents, and employees against any claim for direct or indirect damages of every kind and description that
shall be suffered or claimed to be suffered in connection with or arising out of the performance of the
Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor,
materials, or both to the Principal or its subcontractors for prosecution of the work provided in the
Contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State
Unemployment Compensation Fund from the Principal or its subcontractors in connection with the
performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to
be deducted and retained from the wages of employees of the Principal and its subcontractors pursuant to
Public Improvement Agreement—PWR Covered Project Page 16
Revised—05/14/2007
Contract#
ORS 316.167, and shall permit no lien nor claim to be filed or prosecuted against the City on account of any
labor or materials furnished; and shall do all things required of the Principal by the laws of the State of
Oregon, then this obligation shall be void; otherwise,it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for
the payment of any premiums.
This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting
Rules, the provisions of which are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this day of ,
PRINCIPAL:
By:
Signature
Printed Name &Title
Attest:
SURETY:
(Add signatures for each surety if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accompany each surety bona
Name
Signature
Address
City State Zip
Phone Fax
Public Improvement Agreement—PWR Covered Project Page 17
Revised—05/14/2007
EXHIBIT A—SCOPE OF SERVICES
Contract for construction services, labor and materials for the proTosed modifications to an existing
private water well located at Tigard High School, 16300 SW 92° Avenue, Tigard, OR 97223.
INTRODUCTION
The City of Tigard, Oregon is requesting informal bid proposals for labor and materials to install a 2
inch observation well within the existing water well identified by Washington County and Oregon Water
Resources Department as WASH 11707, total depth 680 feet bgs, 10 inch well casing 664 feet bgs.
The installation of the observation well shall be performed in accordance to Oregon Water Resources
Department and City Hydro-geologist pursuant to OAR 333-061 and OAR 690-210. The following
elements of work are provided to identify scope of work:
SCOPE
Contractor shall be fully responsible for site conditions and restoration to reasonable original condition
of all work activities while on Tigard-Tualatin School District property. The City of Tigard shall
contract agreements with Tigard-Tualatin School District regarding permission and approval to perform
work within the proposed work site.
Contractor and its employees or representatives shall not have contact with any students or children
while on site. Contact with school staff shall be only as directed by the City or the Tigard-Tualatin
School District.
All work shall be subject to Oregon Water Resources Department approval of all as-built designs and
construction methods outlined by the contractor. Contractor is fully responsible for obtaining permits
and final certification of observation well improvements from local and state agencies.
No specific traffic control plan is required. Contractor shall delineate work zone with cones,barricades
and caution tape.
Work hours shall be Monday through Friday, 8:00 a.m. to 5:00 p.m. No work shall be performed on
weekends or holidays.
Final day of class for Tigard-Tualatin School District is June 17, 2008. Work and mobilization must
proceed on this date, with all tasks to completion performed within the time period June 17, 2008 to
June 30, 2008. Funding for this project ends June 30, 2008. A portion of the work proposed may be
completed after June 30, 2008. However, the contractor shall provide a detailed invoice for progress
payment up to June 30, 2008, and shall provide a request for extension and a revised schedule requiring
approval by the City.
Existing vault frame over the well head shall be left in place and a new flush monument will be placed
within the existing frame flush with the sidewalk.
City shall supply water for construction operation at or near the well head. Contractor is responsible for
hoses and appurtenances for conveyance of water from fire hydrant or on-site property location.
Public Improvement Agreement—PWR Covered Project Page 18
Revised—05/14/2007
City shall begin water aquifer pumping within the located well site area to reduce the surface level of
water within the existing well. All other water within the well site shall be the contractor's
responsibility to remove and properly dispose of.
PROPOSAL PRICING
Item #1: Mobilization/Demobilization
Item #2: Remove existing well pump, disposal
Item #3: Excess sediment and water containment, disposal
Item #4: Perforate well as per Oregon Water Resources Department
Item#5: Install 2-inch Stainless Steel observation well with 10 foot screen and filter pack, cement
seal back to surface
Item #6: Install 16-inch traffic vault, bilco style with lock mechanism
Any costs associated with damage to property, landscaping, walkways/driveways, etc. shall be the
responsibility of the contractor. Final payment for all work shall be approved after final inspection and
issuance of certification by Oregon Water Resources Department and hydro-geologist of record for the
City of Tigard.
CONDITIONS
This is an Oregon Public Contract with all applicable conditions. Start date for the project shall be must
begin with mobilization on June 17, 2008. Completion of project shall be no later than June 30, 2008.
The City of Tigard will provide to the Contractor site access Monday through Friday, 8:00 a.m. to 5:00
p.m. All permits required within the scope of this project shall be the responsibility of the Contractor.
All inspection and testing shall be the responsibility of the Contractor. Storage of materials within the
site will be limited. Responsibility for materials and equipment left on site shall be that of the
Contractor. All work shall be performed in accordance to OSHA and State of Oregon rules and
regulations regarding safety equipment and practices.
Site conditions are described in attached aerial drawings including a copy of the well log. Site visits can
be arranged to examine all conditions upon request to Public Works Department. A successful bidder
not performing site visits shall accept all physical conditions and constraints within the site.
Public Improvement Agreement—PWR Covered Project Page 19
Revised—05/14/2007
EXHIBIT B—CONTRACTOR'S PROPOSAL
VVI BOARI ' L ONCRYEA
Boart Longyear Company
Drilling`Services
19700 SW Teton
Tualatin OR 97062
503 .692-6400
5033 692-4759/fax
rim
BURT LOArOlrEAR COMPANY
'February 19,2008
John Goodrich
City of Tigard
RE: Proposal for Deep Basalt Well Conversion at the Tigard High School.
Dear John,
Attachedas Boart LongyearCompany's(BLC)proposal for converting the 6-inch water well
at the Tigard High school to a 2-inch stainless steel observation well. Please note the
following factors that have impacted the cost from the budget estimate that was given back in
the summer of'07.Material prices,most specifically steel and backfill have increased.
Scope,and Equipment:
BLC proposes to use a well installation rig to perform perforating and well installation.
Schedule:
BLC will work.five days.per week on an 8 hr schedule and anticipate that the work will take
10-12 days to complete
Assumptions and Exclusions:
1. This proposal is subject OWRD approval ofall as built designs and construction methods
outlined in proposed well drawing
2. Price assumes that the grass will be firm' enough to hold equipment with the use of
fiberglass mats.only.No landscaperestoration isincluded in proposal
3. No specific traflic'control"plan will be required,contractor will delineate work zone with
cones and caution tape
4. Existing:vault fi-ame will be.left in place and new flush monument will be placed with in
the existing frame flush with,the,sidewalk
5. City to supply water for construction operation at or near the well head
1 of 3 2/19/2008
Public Improvement Agreement—PWR Covered Project Page 20
Revised—05/14/2007
AV BAR ' LONYEA
Proposal Pricing:
Unit
Item Description Qty Unit Price Measure Total Price
1 Mob/Qemob 1 $2,670.00 LS $2,670.00
Sediment and water,
2 containment and disposal 1 $1;210.00. LS $1;210.00
3 Perforate well as per diagram 1 $12,022.00. LS $12,022.00
Install 2-Inch observation well
with 10 bot screen and filter
pack and cement seal.back'to,
4 surface.. 680 $41.00 LF $27,880.00
Install_16-Inch Morris'Traffiic
5 Vault 1 1 $995.00. LS $995.00
ProjectTotal $44,777.00
Contract Terms:.
Final proposal, pricing_ and contract are contingent upon mutually acceptable contractual
terms and conditions provided by the Client (COMPANY). to Boart Longyear through a
separate subcontract. Work will be'billed for the actual quantities completed. This proposal
will remain valid for 30 days. The terms for payment are 30 days from date of invoice.
Interest will be charged at the rate of 1-1/2%per month on any balance that remains after the
date of invoice. Payment to BLC will not be contingent upon receipt of payment by the
Client (COMPANY) from the Owner or any other party. Payment and performance bond
price.is not provided. No sales tax is included.
Thank you for requesting this proposal from Boart Longyear Company. We look forward to
the opportunity to work with you on this project.
Sincerely,
BOART LONGYEAR.COWANY
Robert Stadeli
Rotary Manager
rstadeli(i�boartlongyearxom
2 of 2 2/t912p08
Public Improvement Agreement-PWR Covered Project Page 21
Revised-05/14/2007
EXHIBIT C—INTERGOVERNMENTAL AGREEMENT
Tigard/Tualatin School District and the City of Tigard
INTERGOVERNMENTAL AGREEMENT
Tigard-Tualatin School District/City of Tigard
THIS AGREEMENT is made and entered into pursuant to the authorityfound in ORS 190.010 et seq.
between the City of Tigard("CITY")-and the Tigard-Tualatin;School District("TTSD").
WHEREAS,.CITY is a municipal corporation and is a unit of local government authorized to enter into
intergovernmental agreements pursuant to the provisions of ORS 190.010,et seq.;and
WHEREAS,the TTSD is a public body corporate and politic,and is authorized to make and execute
contracts necessary or convenient to the exercise of its powers,including entering into
intergovernmental agreements pursuant to the provisions of ORS 190.010;et seq.;and
WHEREAS,TTSD in the City of Tigard operates Tigard High School,
WHEREAS,CITY desires.to contract with TTSD for access to the Tigard High School to monitor the
well located on the Tigard High School Campus,9000 SW Durham Road;Tigard,therefore,
IN CONSIDERATION of the terms and conditions set forth hereafter,and pursuant to the provisions of
ORS chapter 190,the parties agree to be bound as follows:
1. TTSD agrees to allow CITY access to the well located on the Tigard High School campus as a
monitoring station for aquifer storage and recovery(ASR)activities.This may include placement
of radio frequency monitoring equipment and use of electrical power..
TTSD agrees to work with the CITY to allow access convenient to both parties prior to addition
of radio frequency remote monitoring equipment or if CITY does not add radio monitoring.
2. CITY agrees to abandon the well as pursuant OAR 333-061 and OAR 690-210. The City shall
use a state registered well driller and hydro-geologist to perform the work required in accordance
to state rules and regulations..
The CITY shall bcarall costs associated with,proper abandonment and reconstruction for
monitoring equipment including liability insurance during-construction. Work is scheduled to
commence on June 17`",2008.
The CITY shall supply TTSD with a State of Oregon certificate declaring the well has been
properly abandoned.
The CITY agrees that there will be no Unsupervised Contact with Students. "Unsupervised
contact with students"means contact with students that provide the person opportunity and
probability,for personal,communication or touch when not under direct supervision.The City of
T..igard.will ensure that its officers,agents,.and employees will have no direct unsupervised
contact with students while on District property.The City of Tigard will work
Contracts&RFP-[GA between.COTlTTSD 1
February 2008;
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Public Improvement Agreement—PWR Covered Project Page 22
Revised—05/14/2007
• i
with the District to ensure compliance with this.requirement.If the City of Tigard is unable to
ensure through a security plan that none of its officers,agents,or employees wi11 have direct,
unsupervised contact with students in a particular circumstance or circumstances,the City of
Tigard;shall.so.notify the District prior to beginning any work that could result is such contact.
The City of Tigard will provide the District with information about its officers,agents,or
employees and allow the District to conduct a criminal background check,including
fingerprinting_,of any officer,agent,or employee that will have unsupervised contact with
students.The City of Tigard shall,pay directly to the Oregon Department of Education all fees
assessed by the Department fovprocessing the background check.
Indemnification and Liability
3. CITY agrees to indemnify,and hold harmless TTSD,its directors,employees and agents from all
claims,suits,actions or expenses of any nature resulting from or arising out of the acts,errors or
omissions of the CITY when performing its duties on the TTSD property.
4. TTSD agrees:to indemnify,defend and hold harmless CITY,its officers,employees and agents,
from all claims,suits,actions or expenses of any nature resulting from or arising out of the acts,
errors or omissions of TTSD or its assignees.
Contract Administration
5. TTSD designates Dr.Rob Saxton,Superintendent,to represent TTSD in all matters pertaining to
administration of this Agreement.
6. CITY designates Craig Prosser,Tigard City Manager;to represent CITY in all matters pertaining
to administration of this Agreement.
7. Any notice or notices provided for by�this Agreement or by law to be given or served upon either
party shall be given or served by certified letter,deposited in the U.S.mail,postage prepaid,and
addressed to:
Dr.Rob Saxton,Superintendent
Tigard-Tualatin School District
6960 SW Sandburg St.
Tigard,OR 97223
Craig Prosser
Tigard City Manager
13 I25 S W Hall Blvd.
Tigard;OR 97223
8. CITY agrees to retain all pertinent records associated with this Agreement for 10 years after
February 2.1,2028,or until all audits are complete and claims resolved.
Contracts&RFP IGA between CO 171 ISD 2
February 2008
2 of 3
Public Improvement Agreement—PWR Covered Project Page 23
Revised—05/14/2007
9. TTSD and CITY agree to meet as needed during the contract period to review the progress of the
Agreement.
Contract Term Modification and Termination:
10.The Agreement shall be effective on February 21,2008 and shall run through February 21;2018.
The CITY and TTSD will meet at the end of this term to determine renewal for an additional
term
11.TTSD and CITY agree that either party to this Agreement may terminate the Agreement by
giving the other party not less than 60 days written notice.
12.TTSD and CITY agree this Agreement may be modified or amended by mutual agreement of the
parties.This Agreement constitutes the sole and entire existing agreement between parties and
supersedes all prior agreements and practices,whether oral or written,and expresses all rights,
obligations,or restrictions imposed upon the CITY and TTSD.Any modification to this
agreement shall be effective only when written and signed by Rob Saxton(or his designee or
successor),City Manager Craig Prosser(or his designee or successor),and the Mayor of the City
of Tigard.
IN WITNESS WHEREOF,THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE
EXECUTED BY THEIR DULY APPOINTED OFFICERS ON THE DATE WRITTEN BELOW.
TIGARD-TUAL T CH OL ISTRICT. CITY OF TIGARD
By: — By:c;
Li'l l
Rob Saxton,Superintendent �, r,i ,��t,City Manager
Date: U Date:` MeuL 6t
Contracts&RFP-IGA between COT117SD 3
February 2008
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Public Improvement Agreement—PWR Covered Project Page 24
Revised—05/14/2007