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Elting Northwest, Inc ~ C180060 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C180060a1 Contract Start Date: 5/1/18 Contract End Date: 4/30/24 Contract Title: Public Works On-Call General Construction Services Contractor Name: Elting Northwest, Inc. Contract Manager: Joe Barrett Department: PW Contract Costs Original Contract Amount: $100,000.00 Total All Previous Amendments: Total of this Amendment: Total Contract Amount: $100,000.00 Procurement Authority Contract Type: General Services Procurement Type: PCR 10.075 Contract Amendments Solicitation Number: LCRB Date: Account String: Fund-Division-Account Work Order—Activit):1=e Amount FY On-Call FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments:Time extension only for remaining contract term. DocuSign Routing Route for Signature Name Email Address Contractor Tom Elting estimating(cr�,eltingnw.com City of Tigard Steve Rymer stever&tigard-or.gov Final Distribution Contractor Tom Elfin estimatin eltin nw.com Project Manager oe Barrett ose h ti and-or. ov Buyer Christine Mood Christine ti and-or. ov DocuSign Envelope ID:8943FBAE-6184-4FBA-B9D5-F99E5376F220 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT NUMBER 0180060 FOR PUBLIC WORKS ON-CALL GENERAL CONSTRUCTION SERVICES AMENDMENT #1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon,hereinafter called City, and Elting Northwest,Inc.,hereinafter referred to as Contractor,is hereby amended as follows: 1. EFFECTIVE DATE AND DURATION The term of this Agreement is extended to April 30, 2024. 2. COMPENSATION Any payment made to Contractor will be based upon the attached revised Exhibit C and Oregon Prevailing Wage Rates when applicable. 3. SUBMITTING BILLS AND MAKING PAYMENTS The City's contract administrator is changed to: Joe Barrett,Public Works Business Manager iosephgtigard-or.gov (503) 718-2477 4. All other terms and conditions to remain unchanged. IN WITNESS WHEREOF,City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD ELTING NORTHWEST,INC. F syiree or ip�nerey FeFsccs. ci:g�m eacuwaraSa... Signature Signature Steve Rymer Tom Elting Printed Name Printed Name 12/3/2021 12/2/2021 Date Date Rev. 8/21 DocuSign Envelope ID:8943FBAE-6184-4FBA-B9D5-F99E5376F220 EXHIBIT C CHARGES/RATES FOR SERVICES (Attach additional sheets if necessary) TYPE OF RATE RATE (NOTLE'SS THANPWR) EMPLOYEE CLASSIFICATION Regular $ 80.00 Pipe Layer Regular $ 100.00 Operator After Hours/Weekends $ 110.00 Pipe Layer After Hours/Weekends $ 135.00 Operator Holidays $ 140.00 Pipe Layer Holidays $ 175.00 Operator TYPE OF FEE RATE NOTES Dump Fee $ 10.00-15.0 cu. yard Varies depending on season and project location Other: $ / TYPE OF EQUIPMENT DAILY RATE WEEKLY RATE MONTHLY RATE Skid Steer Loader $360.00 $1,800.00 $7,800.00 Cat 311 Excavator $360.00 $1,800.00 $7,800.00 Tool Carrier/Loader $480.00 $2,400.00 $10,400.00 Cat D3 Dozer $385.00 $2,000.00 $8,600.00 Dump Truck $1,000.00 $5,000.00 $ 21,650.00 Lowboy $1,360.00 $6,800.00 $ 29,400.00 Contractor can provide detail price sheets for charges/rates (including holiday, premium, and/or overtime rates) for all listed services for labor, equipment, and/or materials. Provide a quoted percentage mark-up that will apply to any quoted subcontractor costs. DESCRIPTION MARKUP% NOTES Subcontractors 8 Materials 10 RFP—On-Call Public Works Construction Services Page 29 Close—Thursday, December 7, 2017 913M q April 9, 2019 City of Tigard Elting Northwest, Inc Attn: Tom Elting PO Box 1400 Clackamas, OR 97015 REF.: Public Works On-Call-General Construction Services Period: May 1, 2019 through April 30, 2020 CONTRACT NOTICE OF AWARD—RENEWAL Contract# C180060 Dear Mr. Elting The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its first (1) one- year extension to the Contract effective from May 1, 2019 through April 30, 2020. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Elting Northwest,Inc. Sincerely, Jamie Greenberg Purchasing Assistant 503-718-2492 janiie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and/ e to be bound by all requirements, terms,and•conditions as set forth in the above ref r e Co tract. Company: �-Tl►J� W 0 rl�Tl-t�.J cS i"1�C Sign Date: Q .C(` Z�O l C� Printed: 40II a-3 eL-rl, JCj 913M q April 9, 2019 City of Tigard Elting Northwest, Inc Attn: Tom Elting PO Box 1400 Clackamas, OR 97015 REF.: Public Works On-Call-General Construction Services Period: May 1, 2019 through April 30, 2020 CONTRACT NOTICE OF AWARD—RENEWAL Contract# C180060 Dear Mr. Elting The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its first (1) one- year extension to the Contract effective from May 1, 2019 through April 30, 2020. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Elting Northwest,Inc. Sincerely, Jamie Greenberg Purchasing Assistant 503-718-2492 janiie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and/ e to be bound by all requirements, terms,and•conditions as set forth in the above ref r e Co tract. Company: �-Tl►J� W 0 rl�Tl-t�.J cS i"1�C Sign Date: Q .C(` Z�O l C� Printed: 40II a-3 eL-rl, JCj 913M q April 9, 2019 City of Tigard Elting Northwest, Inc Attn: Tom Elting PO Box 1400 Clackamas, OR 97015 REF.: Public Works On-Call-General Construction Services Period: May 1, 2019 through April 30, 2020 CONTRACT NOTICE OF AWARD—RENEWAL Contract# C180060 Dear Mr. Elting The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its first (1) one- year extension to the Contract effective from May 1, 2019 through April 30, 2020. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Elting Northwest,Inc. Sincerely, Jamie Greenberg Purchasing Assistant 503-718-2492 janiie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and/ e to be bound by all requirements, terms,and•conditions as set forth in the above ref r e Co tract. Company: �-Tl►J� W 0 rl�Tl-t�.J cS i"1�C Sign Date: Q .C(` Z�O l C� Printed: 40II a-3 eL-rl, JCj CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM ),� (Tars Fon�rrMusrAcco�A�EvEnY CONrnAcr) pC��l V Contract Title: General Construction Services XT ar��ber:_�J`! Contractor: Elting Northwest, Inc Contract Total: NTE 100K per project Contract Overview: General construction services for underground pipe utilities construction and regain: excavation construction and repair for sanitary/storm/water utilities:and concrete services for traffic curb/sidewalk/AD A ramps. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager:John Goodrich Ext: 2609 Department: PW Type: ❑ Personal Svc ❑ Professional Svc 0 Architectural Agr ® Public Imp ❑ General Svc ❑ Engineering Svc ❑ Other: Start Date:-54444-9 ` End Date: 4/30/19 Quotes/Bids/Proposal: FIRM 7`al � AMOUNT/SCORE Kerr Contractors Oregon,Inc 97/100 Legacy Homes, Inc 89/100 C&B Construction.Excavation&LLC 88/100 Braun Construction&Design.LLC 96/100 Elting Northwest, Inc 97/100 GT Excavating,LLC 99/100 Account String: Fund-Division-Account Work Order-Activit;Tw a Amount FY Do not encumber FY FY Approvals - LCRB Date: 1 Department Comments: Department Signature: i Purchasing Comments: Purchasing Signature: y City Manager Comments: City Manager Signature: A After securing all required approvals, forward original copy to the Contracting and purchasing Office along with a completed Contract Checklist. ATTACHMENT C CITY OF TIGARD GENERAL SERVICES AGREEMENT Public Works On-Call General Construction Services THIS AGREEMENT made and entered into this 1" of May, 2018 by and between the City of Tigard, a municipal corporation of the State of Oregon,hereinafter called"City",and Elting Northwest,Inc., hereinafter called"Contractor'',collectively known as the"Parties." RECITALS WHEREAS,Contractor has submitted a bid or proposal to City to provide specific services;and WHEREAS,Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS,City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to General Construction Services as detailed in Exhibit A —Scope of Services and by this reference made a part hereof. • Underground Pipe Utilities Construction&Repair • Excavation Construction&Repair—Sanitary/Storm/Water Utilities • Concrete Services—Traffic Curb/Sidewalk/ADA Ramps 2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of 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 30,2019. All services will be completed prior to the expiration of this Agreement. The City and Contractor may agree to up to four (4) mutual one (1) year options.The total term of the contract may not exceed five (5) years. 3. PREVAILING WAGE RATES The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor agrees that 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,and attached hereto. If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing Wage Rate requirements,the Contractor must ensure that workers will be paid the higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for those labor and services and withhold these amounts from payments that are due the Contractor in accordance with ORS 279C.515 Contractor shall provide proof as requested to the City prior to the beginning of any of the work 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. Contractor shall also require in every subcontract to this Agreement that the subcontractor file a public works bond with the Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless otherwise exempt. 4. COMPENSATION City agrees to pay Contractor on a per task order basis consistent with the pricing details attached to this Agreement and further consistent with Oregon Prevailing Wage Rate Law for Public Improvement Contracts. All tasks issued under this Agreement shall be done via a Purchase Order referencing all terms and conditions of this Agreement shall be in effect. At no time shall any task order exceed One Hundred Thousand and No/100 Dollars ($100,000.00). Any payment made to the Contractor shall be based upon the following applicable terms: A. All charges must be in accordance with Exhibit C, "Charges/Rates for Services," and Oregon Prevailing Wage Rates when applicable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. H. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. I. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation,furnishing medical,surgical,hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law,contract or agreement for the purpose of providing or paying for such service. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Appropriations for future fiscal years shall be subject to budget approval by the City Council. 5. ASSIGNMENT/DELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 6. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills will be made in writing and may be given by personal delivery,mail or fax. Payments may be made by personal delivery,mail,or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CITY OF TIGARD ELTING NORTHWEST INC Attn: John Goodrich Attn: Tom Elting Address: 13125 SW Hall Blvd. Address: PO BOX 1400 Tigard,Oregon 97223 Clackamas OR 97015 Phone: (503) 718-2609 Phone: (503) 656-0954 Email: johnggtigard-orngov Email: estimatin at,eltingnw.com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement will be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered prorated to the date of termination. 8. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts. 9. FORCE MMEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing of the cause of delay and its probable extent. Such notification 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 the Agreement. 10. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITY Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims,costs, demands, judgments,penalties, and causes of action of any kind or character,or other costs or expenses incidental to the investigation and defense thereof,of whatever nature,resulting from or arising out of the activities of the Contractor or its subcontractors,agents, or employees in performance of this contract,except, however,that the foregoing shall not apply to liability that arises out of the City's, its officers, employees, agents and representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this indemnification. 12. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 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 3,000,000 Products-Completed Operations Aggregate 2,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 2,000,000 Fire Damage (any one fire) 50,000 B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an"occurrence" form.The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an"occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance The contractor,its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017,which requires them to provide workers'compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non- exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. F. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. 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 effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265. I. Primary Coverage Clarification The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard,Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury, or loss caused by negligence or neglect connected with this contract. 12. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert),attorney's fees and court costs on appeal. 13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapters 279A, 279B, and 279C, the provisions of which are hereby made a part of this agreement. 14. CITY OF TIGARD BUSINESS LICENSE Contractor shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro- rated fee though the end of the calendar year. 15. 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 in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 16. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 17. COMPLETE AGREEMENT This Agreement,including the exhibits,is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits,the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. 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 representations, oral or written, not specified herein regarding this Agreement. Contractor,by the signature of its authorized representative,hereby acknowledges that he/she has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. Awarded by Tigard's Local Contract Review Board at their April 24,2018 meeting. CITY O T GARD ELTING NORTHWEST INC t By:Authorized City epresentative BAAutze C epresentative 7n act r RDate ii - l4—Zoc9 Contractors Proposal On-Call Public Works Construction Services, Statement of Qualifications Elting Northwest Inc. PQ Box 1400 Clackamas, OR 97015 Phone: 503-656-0954 Fax: 503-656-8448 Contact: Tom Elting, President Email: estimating@eltin,gnw.com December 7, 2017 ELTING NORTHWEST INC. December 7, 2017 City of Tigard--Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard, OR 97223 Attn: Joe Barrett, Sr. Management Analyst RE: On-Call Public Works Construction Services Transmittal of Statement of Qualifications Joe: Please find included with this letter our statement of qualifications for the above- referenced project. Also included are completed exhibits A, B and C as requested. We are submitting this statement in order to be considered for selection as an on-call contractor for the City of Tigard Public Works Department. We fully understand that the tasks that we will be required to perform if selected include but are not limited to clearing, demolition, excavation, underground utilities and repair. We are committed to performing these tasks in a safe, timely and efficient manner as requested by the City of Tigard in support of the Public Works Department. We expect to perform repair or replacement of storm, sanitary and water lines and their appurtenances. Please contact me directly with any questions or concerns. Steve Dunn is also authorized to represent Elting Northwest and can be reached at our main office. We appreciate the opportunity to submit our package for review and we look forward to continuing our outstanding relationship with the City of Tigard. Sincerely, C( Thomas E. Elting President Oregon Contractors License Number 163553 Mailing: P.O. Box 1400 Clackamas, OR 97015 Physical: 780 82nd Drive Gladstone, OR 97027 Phone: 503,656.0954 Fax: 503.656.8448 Email: info@eltingnw.com SECTION 7 STATEMENT CERTIFICATIONS Non-discrimination Clause The Submitting Firth agrees not to discriminate against any client,employee or applicant for employment or for services,because of race,color,religion,sex,national origin,handicap or age with regard to,but not limited to,the following:employment upgrading,demotion or transfer;recruitment or recruitment advertising,layoffs or ternzination;rates of pay or other forms of compensation; selection for training;rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order from the City,unless a satisfactory showing is de by: de that discriminatory practices have terminated and that a recurrence of such acts is unlikely. 7, t 1 1.6c:� t> Firm Name: Address: o 1 4-ae.) Resident Certificate Please Check One: Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during the last twelve calendar months immediately preceding the submission of this statement packet. Or U Non-resident Vendor:Vendor does not qualify under requirement stated above. {Please specify your state of iden Officer's signature: Type or print officer's name: i t�a pzA,4r3 i, .• "�:=L-T-7 c .D RFP—On-Call Public Forks Construction Services Page 13 Close—Thursday,December 7,2017 SECTION S SIGNATURE PAGE The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated; and that all articles supplied under any resultant contract will conform to the specifications herein, The undersigned agrees to be bound by all applicable laws and regulations,the accompanying specifications and by City policies and regulations. The undersigned,by submitting a statement,represents that: A) The firm has read and understands the specifications. B) Failure to comply with the specifications or any terns of the Request for Qualifications may disqualify the firm. The undersigned certifies that the statement has been arrived at independently and has been submitted without any collusion designed to limit competition. The undersigned certifies that all addenda to the specifications has been received and duly considered and that all costs associated with all addenda have been included in this statement: Addenda: No. i-fi r' through No. inclusive. We therefore offer and make and submit this statement packet to furnish services indicated herein in fulfillment of the attached requirements and specifications of the City. Name of firm: L--°T"1�3� 9-", wisS`i -,[�Nj f- Address: �� tis a 14-0 Telephon N be ' G3" O C1 Fax Number: 5*�-4 5(0r 9 4-44 B Date: 12 7-0 1'7 (Signature of Authorszed Offici f partnership, signature of one partner) Typed Name/Title: tf'OAA�S �►�+ f Q ��.1 tom` If corporation,attest: (Corp rate Officer) Corporation ❑Partnership ❑ Individual Federal Tax Identification Number(TIN):. 4-( " 94 RFP—On-Call Public Works Construction Services Page 14 Close—Thursday,December 7,2017 ATTACHMENT A CITY OF TIGARD,OREGON ACKNOWLEDGMENT OF ADDENDA Project Title:_On-Call Public Forks Construction Services Close:_Thursday_December 7,2017 -2:00 p.m. INT HAVE RECEIVED THE FOLLOWING ADDENDA #one receimd. write `None Retrived' : 1. 3. 2. 4. Date Signature of Proposer -""AS E Title �Jo A' .4 t J Corporate Name RFP—On-Call Public Works Construction Services Page 15 Close—Thursday,December 7,2017 ATTACHMENT B CITY OF TIGARD,OREGON STATEMENT OF PROPOSAL Name of Consultant: ► Mailing Address: Cj a tc 'O`J Contact Person: i p C., Telephone: 901-6S'6-©194--Fax: Std 3-44% - 441 Email:asf Q a X4146ww. �-o accepts all the terms and co ons contained in the City of Tigard's Request for Qualifications for On-Call Public Work,Cons c 'oces and the attached General Services Agreement(Attachment C): Signature of authorized representative Date Type or print name of authorized representative Telephone Number 6/=tet +_ Type or print name of person(s) authorized to negotiate contracts Telephone Number REFERENCES Reference#1 Telephone Number Project Title Contact Individual Reference#2 Telephone Number Project Title Contact Individual Reference#3 Telephone Number Project Title Contact Individual RFP—On-Call Public Works Construction Sen ices Page 16 Close—Thursday,December 7,2017 Table of Contents Exhibit A 1-3 Surety Letter 4 Exhibit B 5-6 Exhibit C 7 Firm Qualifications B Team Qualifications 9-10 Understanding and Approach to Tigard's Needs 11 Rate Structure 12 EXHIBIT A CONTRACTOR SUMMARY FORM PROPOSING ON Mak`W in box Vjg ded� Underground Pipe Utilities Construction&Repair Excavation Construction&Repair—Sanitary/Storm/Water Utilities Concrete Services—Traffic Curb/Sidewalk/ADA Ramps ❑ General Construction—Street Paving/Sidewalks/ADA Ramps ❑ General Landscaping—City Parks,Trails,Nature Areas ❑ Electrical Services—Traffic Signal/Street Lighting ❑ Electrical Services—Pumps,Motors,Controls,PLC ❑ Mechanical Services—Pumps,Valves,Process Controls ❑ General Construction—Other ❑ Contractor Name: Elting Northwest Inc. Date of Incorporation: 3-1-2005 State of Incorporation: Oregon #of Years in Business: 12 Oregon Contractor's License#:163553 Other or Former Names under which your organization operates or has operated: NIA Names of Principal(s)and Tide(s): Thomas E. Elting, President Steve L. Dunn, Vice President James A. Elting, Board of Directors Location of office that will provide services to the City Gladstone, Oregon FINANCIAL STATUS AND CLAIMS Has the applicant,or any affiliate,ever been the subject of any of the following actions(any"Yes"answer will result in disqualification): Debarment under ORS 279C.860 Yes ❑ No Other action which resembles debarment Yes ❑ No During the past seven years,has the company ever filed for protection under the Federal bankruptcy laws?If yes, provide details on a separate sheet No. RFP—On-Call Public Works Construction Services Page Close—Thursday,December 7,2017 BONDING Please provide a letter from the Surety with the following information: • Surety company's bond rating • Submitting Company's name • Submitting Company's address • Submitting Company's aggregate work capacity • Submitting Company's single limit • Bonding company's representative's contact information Desc,cipthm of Work Experience ::1 Mark"X" Mark"X" Contractor Subcontractor General Questions _ Worked on site at a water or wastewater treatment facility x Worked on site at a water or wastewater pum in station x Worked on site at a water storage reservoir or tank x Worked on sanitary,storm water,water pipe and appurtenances x x Worked on stream or creek beds,embankments,riparian.areas I x I x Performed On-call construction services for other cities,agencies x Excavation Construction&Re —Sanitary/Storm/Water Utilities Excavation,trenching,shoring,import fill,compaction,debris removal x x Repair/replace/install Underground Utilities (to include water, sanitary,storm water,manholes,catch basins,other appurtenances) X x Maintain proper back-fill materials&compaction rates as conditions X x Concrete Services—Traffic Curb/Sidewalk/ADA Ramns Concrete removal and site preparation x x Concrete forms for curb,sidewalk or.ADA ramps Concrete finishing to traffic industry standards Porous Concrete mixing,placcment,finishin General Construction--Street Pa ' /Sidewalkz/ADA Ramps Asphalt re air,res outs,grinding,pothole patching Painting, striping,hot plastic work,delineators,berms Lighted crosswalk,beacon maintenance,repair,replacement Trail and nature walkway construction,repair,maintenance x General Landsca —City Parks,Trails,Nature Areas Park nature areas,soft sca a maintenance,vegetation removal Native planting,ornamental planting,tree planting Irrigation installation,repair,maintenance(piping,controllers,backflow devices Athletic field grass installation,maintenance,repair/reconditioning Native or natural landscape restoration open sace&nature areas RFP—On-Call Public Works Construction Services Page�tf L Close—Thursday,December 7,2017 Description of Work Experience Mark"X" Mark"L" Contractor ubcontmcto Electrical Services—Traffic S' /Street Lighting Install traffic signals,posts&support structures,wirin&controls Install street lighting,posts&support structures,witin&controls Replace limps and photoelectric control cells Correct mounting hardware,luminaire leveling,alignment lighting components Re-lamping LED,replacement,repair,maintenance Ytin components Electdcal Services—Pum ,Motors,Controls,PLC Electrical repair/maintenance/replace motors,motor control com onents PLC and RTU systems installation,repair,maintenance,prog=mming Installation,maintenance,repair,replacement of motor control centers Main power component repair,maintenance,breakers,disconnects, monitors Re air/x lace/install Duct banks,conduits,racewa ,wire-ways, etc. Re air/r lace/install Conductors of all nes and ratings Re air/r lace/install.Conductors of all vol s;120V through 4160V Repair/replace/install Underground Utilities (electrical,instrumentation, or control} Repair/replace/install.Motor Control Centers Repair/replace/install Breakers,Disconnects,ABT Devices and Breaker Racking Devices Repair/replace/install Lighting Systems and Controls R air/re lace/install Premises Wiring and/or Security Systems C Repair/replace/install Transformers,Substations,and Electrical Mechanical Senrices—Pumps,Valves,Process Controls General Construction—Other(Write Description Below CONTRACTOR RESPONSIVENESS INFORMATION Number of employees: 20 Number of employees able to respond to afterhours call-out 10 Contractor Estimated Average Response Time: 4 Hours Management person responsible for direct contact with city and services required for this Proposal Nom: Steve Dunn Title: Project Manager Telephone Number: 503-519-1369 Email Address: sdunn@eltingnw.com Telephone Additional pages or information may be included that describe the capabilities and services of contractor(s)not specifically mentioned above. RFP—On-Call Public Works Construction Services Page 7 Close—Thursday,December 7,2017 CNASURETY 12W sw ww S&ft 2MP.,d,.W OR Susan L Cfw* wd~-t ng Conwlra,t 'eepMne 50343'3145 December 5,2017 CITY OF TIGARD-CONTRACTS&PURCHASING OFFICE ATTN:JOE BARREIT,SR.MANAGEMENT ANALYST 13125 SW HALL BLVD TIGARD OR 97223 Re:On-Call Public Works Construction Services RFS! Dear Mr.Barrett: We are providing this Information at the request of Elting Northwest,Inc.,760 82'd Ave.,Gladstone,Oregon 97027. Eking Northwest,Inc,is a valued surety client of Western Surety Company,an affiliate of CNA Surety.. We have served Eking Northwest,Inc.as their surety since August 2013. We hold Tom Elting and Steve Dunn in high regard in respect to their management and construction capabilities. We have supported Elting Northwest, Inc.on projects requiring bid,payment and performance bonds utilizing a bonding capacity in the$10 million plus single bond amount to$30 million aggregate bond program. We are confident in Elting Northwest's ability to perform this size job,and we recommend Elting Northwest, Inc.for your favorable consideration. Any arrangement for bonds required by the contract is a matter between Elting Northwest,Inc.and the surety, and we assume no liability to you or your third parties,if for any reason we do not execute these bonds. Western Surety Company is listed on the U.S.Treasury Department's Listing of Approved Sureties (Department Circular 570). Western Surety Company is rated A(Excellent)X11-by A.M.Best Company and A by Standard&Poor's. Respectfully yours, Susan L Clark Underwriting Consultant susan.clarkOcnasiLiT�.com 503.431.3145 cc, Elting Northwest,Inc.-Tom Eking Anchor Insurance&Surety Gloria Bruning of EXHIBIT B CONTRACTOR EXPERIENCE FORM Briefly describe three (3) projects within the last 5 years relating to the construction services and abilities marked on Attachment "A" —Ability to Provide Services. Provide additional pages for each construction services and abilities marked: PROJECT#1—Construction Services Ability rience: Project Name: Location: Slope Stabilization at 118th Ct. &Derry Dell Creek Tigard, OR Contract Amount';: Owner's Contact: 576,335 Carla Staedter Year Work Completed: Owner's Phone Number: 2017 503-718-2788 Contractor's Project Manager: Contractor's Foreman Steve Dunn Terry Moore,Jr. Project Description Stabilization of a slope in dose proximity to private homes.Required excavation,embankment,riprap,stream diversion, land clearing,pedestrian bridge and lanscaping,Access was limited in size requiring carefully chosen methods and equipment to perform the work. List of Major Types of Equipment: Excavator,Loader,Dump Trude PROJECT#2—Construction Services Ability Ex erience: Project Name: Location: Monterey Avenue Extension Happy Valley,Oregon Contract Amount: Owner's Contact $ 2,737,018 Stan Monte Year Work Completed: Owner's Phone Number: 2016 503-7424678 Contractor's Project Manager: Contractor's Foreman Tom Elting Terry Moore Project Description Construction of new concrete roadway to extend Monterey Avenue.Required clearing,excavation,embankment,storm sewer, sanitary sewer,water line,stmt lighting,signals,aggregate base,asphalt paving,concrete paving,traffic control and pedestrian channelization.Project was completed on time on an aggressive schedule while maintaining local business access. List of Major Types of Equipment: Excavator,Dozer,Grader,Loader,Compactor,Dump Truck,Water Truck,Diradonal Boring,Fever RFP—On-Call Public Works Construction Services Page�Ir Close—Thursday,December 7,2017 PROJECT#3—Construction Services Ability rience: Project Name: Location: US101:Manzanita Ave-Neahkahnie Creek Section Manzanita,OR Contract Amount: Owner's Contact: 1,641,600 Alan Justice Year Work Completed: Owner's Phone Number. 2017 503-325-4732 x 26 Contractor's Project Manager: Contractor's Foreman Steve Dunn Dean Coleman Project Description We performed as a subcontractor on this project Project required realigning Neahkahnie Creek and widening U8101.Elting's work included excavation,embankment,roadbed construction,stream channel construction,and stosmwater treatment facility construction.This was a multi-season project performed under heavy traffic and subject to coastal weather conditions. List of Major Types of Equipment: Excavator,Loader,Grader Compactor,Dump Truck Water Truck Additional Project Contractor would like to provide Construction Services Ability Experience: Project Name: Location: Downstream Migrant Fish Pipe Estacada,OR Contract Amount: Owner's Contact 474,027 Pat Wilmoth Year Work Completed: Owner's Phone Number: 2017 503-464-7205 Contractor's Project Nlanager: Contractor's Foreman Steve Dunn Terry Moore Project Description Trenching and fusion welding of 3,000 LF of 18"diameter HDPE pipe at a depth of 18'. List of Major Types of Equipment: Excavator, Loader, Dozer, Trucks, Shoring Additional Information regarding construction experience,projects,personnel,or subcontractor(s): Elting Northwest has excellent relationships with our subcontractors and suppliers ensuring quick response times. RFP—On-Call Public Works Construction Services Pagea,8'" (a Close—Thursday,December 7,2017 EXHIBIT C CHARGES/RATES FOR SERVICES (Attach additional sheets if necessary) TYPE OF RATE RATE(AVDrLEm TmNpwR) EMPLOYEE CLASSIFICATION Regular 6000 Pipe Layer Regular 72.00 Operator .after Hours/Weekends 80-00 Pipe Layer After Hours/Weekends 98.00 Operator Holidays 100 00 Pipe Layer Holidays 124.00 Operator TwF,OF FEE RATE NOTES Dump Fee 00-800 /cu Nard Vaim dependrig on mwi andprqsd locatm Other. TYPE OF EQUIPMENT DAILY RATE WEEKLYRATE MoNnmy RATE sad Steer Loada d5 00 $Law 00 Bw Do Got 311 Excavator 45.00 $1.800.00 7,1100.00 Tool CamerlLoader 60 OD $2.400 DD $10 400 00 Get D3 Dozer $50.00 2,000.00 $6,000.00 Dump Truck $1 is 00 $4.600.00 $i2no-0 LMWY $MOO $6.000.00 $28.000-00 Contractor can provide detail price sheets for charges/rates (including holiday, premium, and/or overtime rates) for all listed services for labor,equipment,and/or materials. Provide a quoted percentage mark-up that will apply to any quoted subcontractor costs. DESCRIPTION MUMUP% NOTES Subcontractors 8 —0,0 Materials 10 RFP—On-Call Public Works Construction Services Page Close—Thursday,December 7,2017 Firm Qualifications Elting Northwest has been in business as a general contractor since 2005. Elting Northwest is a successor company to Elting Incorporated which had been in business since 1969.We perform as a prime contractor and as a subcontractor.Our primary focus is public works and large commercial projects. We are qualified to self-perform land clearing, excavation, embankment, storm drainage, sanitary sewer, water line, aggregate placement, erosion control and stream restoration. We routinely work with and have excellent relationships with subcontractors specializing in structures,paving,flagging,signs,striping,electrical and many other fields.We are prequalified with ODOT as well as several local municipalities. Elting Northwest employs a highly qualified workforce with decades of combined experience. Please review our experience and references in Exhibit B.We routinely receive feedback from our clients telling us our supervisors and crews are pleasant to work with and highly qualified. • Elting Northwest owns virtually all the equipment it uses to perform its work.We have a mechanic on our staff to keep the equipment ready to go at all times. We own our heavy haul equipment and have a driver on staff. These factors give us the ability to put equipment on a project with very short notice.Should specialty/additional equipment or hauling capacity be needed, we are prepared to work with our network of suppliers to get the City what it needs as quickly as possible. Page 8 Team Qualifications Elting Northwest employs a supervisory staff with a great deal of experience. Our project managers and supervisors have been with us many years and all have an exceptional amount of experience in their respective fields.We consider our project management and supervisory team to be the best there is and they are the key to our success. We look forward to applying their expertise and creativity to assisting the City of Tigard. Elting Northwest will assign Steve Dunn as our project manager.Steve has 15 years of experience with us and has successfully managed projects for the City of Tigard. Please see Steve's resume attached. • Elting Northwest will assign one of three highly experienced supervisors to this project. Our supervisors are Terry Moore, Duane McLaughlin and Dean Coleman. All have at least 20 years' experience in the field. Please see their resumes attached. Page 9 Team Resumes Tom Elting—President,Project Manager 1985 Graduate of OSU.B.S.in Civil Engineering ■ Experience includes project estimating,staffing,management,scheduling,completion,and equipment management. ■ Projects have included site work,highway,and structure construction in the public and private markets. • Licensed professional engineer in Oregon,Washington,and California • Part of our Team since 1996. telting@eltingnw.com Steve Duan—Vice President, Project Manager ■ 1999 Graduate of OSU. BS in Construction Engineering Management. ■ OSU 1999 Team Member National Construction Student Competition ■ Heavy construction experience includes project engineer work in airport,utility and highway construction projects. a Part of our Team since 2000. sdunnC«@eltingnw.com Dean Coleman-Superintendent ■ 40 years of construction experience. Managed projects including deep trench excavations, flood repair work, roadway construction, and drainage for public and private clients throughout the Northwest. ■ Part of our Team since 1981. Terry Moore,Sr-Superintendent • 35 years of roadway, utility and pipeline construction experience. ■ Adept at managing large-scale, complex projects. ■ Part of our Team since 1990. Duane McUvanlln Superintendent ■ 30 years construction experience. ■ Diverse experience in roadwork, paving, concrete and underground utilities. ■ Part of our Team since 2005. Page 10 Understanding and Approach! to Tigard-5s Needs ® Our goal is to provide the City of Tigard with their needs in a professional and helpful manner.We understand that the city is pursuing a relationship with a contractor whom they can trust to perform its assigned task with a minimum of oversight. We have the expertise and broad experience to ensure that the city can rely on us to get the job done for them. • We will make our crews and equipment available on short notice as requested.We feel that we are in a unique position to provide a timely response due to our fleet of owned equipment and transport trucks. • We have a strong history of excellent communication with the City of Tigard and other agencies. • Our management and supervision are extremely capable of thinking outside the box if needed. If selected, we look forward to supporting the city by helping them develop strategies for completing any project—from simple to complex. We are accustomed to performing large public works projects. As a result, compliance with standards and maintaining project documentation are second nature to us.We simply don't work any other way. Page 11 Rate Structure • Please see Exhibit C included with this document. • A complete equipment listing and additional rates are available upon request. Page 12