Endres NW ~ C190067 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORMMusTAccow wEVERYCONTRACT)
Contract Title: Summer Lake bathroom door replacement Number:
Contractor: Endres NW Contract Total- $35,990.00
Contract Overview, Remove and replace the old doors frames and hardware,paint doors
Initial Risk Level: ❑ Extreme ❑ High Moderate X Low .�
Risk Reduction Steps: Work area will be flagged taped or coned off to alert the public
Risk Comments:
Risk Signature:
Contract Manager: Justin James Ext: 2589 Department:
T)pe: ❑ PersonalSvc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc
❑ Engineering Svc ❑ Other: Stait Date. End Date:
Quotes/Bids/Proposal: FIRM AmouNT/Scom
Endres NW $35,000
LakeRidge Construction $36,274
Randy Wheeeler.LLC $40,246
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 2018-19 420-8000-56005 $35,000
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contractor
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
SUMMER LAKE RESTROOM DOOR REPLACEMENT
THIS CONTRACT,made and entered into this 17''day of April,2019,by and between the City of Tigard,a
municipal corporation of the State of Oregon,hereinafter called"City" and Endres Northwest Inc.,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,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:
A. Install 7 Restroom Doors
B. Electrical for new automatic locks.
C. Remo7e existing doors and frames.
D. Painting doors and frames
E. Site cleanup and disposal of packaging
2. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal pro-,isions 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_;kct 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 sen-ices
and withhold these amounts from payment s 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 lave-. 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.
Page: 11
Contractor#
For contracts $50,000 or greater,the Cit;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 sixty(60) days from the date work first began,whichever comes first.
3. Pre-Construction Conference
Contractor and listed subcontractors shall attend and participate in any pre-construction conferences
described or listed in the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by
the City and performance pertaining to this Agreement,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. The contract documents
include the documents with the following titles that are bound in the solicitation documents and the standard
documents comprised of the Oregon Standard Specification for Construction,2015.
Request for Quote
Contract—including all attachments
Standard Documents
General Conditions (Oregon Standard Specification for Construction,2015)
Standard Specifications (Oregon Standard Specification for Construction,2015)
City of Tigard Public Improvement Design Standards
5. City's Representative
For purposes hereof,the City's authorized representative will be Justin James,Project Manager,who can be
reached by telephone at(503) 718-2589 or by email at justinj@�tig_ard-or.gov.
6. Contractor's Representative
For purpose hereof,the Contractor's authorized representative will be Randall Endres who can be reached
by telephone at(503) 557-1700 or randyendres@endresnw.com .
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.
S. Compensation
A. Progress Payments: City agrees to pay Contractor Thirty-Five Thousand Nine Hundred Ninety and
No/100 Dollars ($35,990.00) for performance of those services provided hereunder, which payment
shall be based upon the following applicable terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or performed
according to the terms of the Agreement. The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all materials,equipment,labor,
and incidentals necessary to complete the Work; and for risk,loss, damage, and expense arising from
the nature or prosecution of the Work or from the action of the elements, subject to the provisions of
Pagc 12
i
Contractor#
00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit price
for each Pay Item of Work to be performed.
'When the specifications state that the unit price for a Pay Item is compensation for certain materials or
work essential or incidental to the Pay Item, the same materials or work vill not be measured or paid
under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer at 13125 SVG-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 state date,together with a request
for payment duly-verified by the Contractor's Representative and copies of certified payroll statements.
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 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 during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary
approval by the Tigard City Council.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required proof
of payment to subcontractor and suppliers is not included with a statement.
As 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 statements with
the City.
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 $500.00 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
I I Page 13
Contractor#
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:
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 frilll extent of any benefits or other rcmuneration 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 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 vith a December 31 st
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.
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
Pag, 14
Contractor#
the approval by City of any Subcontractor nor an;thing 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 PVbR Law specified minimum wage.
11. Contractor-Payment of Benefits -Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or material for
the prosecution of the work provided for in this contract;
2) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
3) 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 applicable 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) 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
1' g c 15
Contractor#
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.
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. The Contractor agrees to provide a written schedule to all employees showing the number of hours per
day and days per week the employee may be required to work.
F. 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 lav-,the City's personnel rules or union
agreement. The Contractor shall require every subcontractor to comply with this requirement.
G. 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.515(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.
I
H. 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 vfill be maintained for the duration of the Contract awarded. Failure to maintain a program shall
constitute a material breach of contract.
1' ag6
Contractor#
13. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or
injury to the 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 as referenced in ORS 279C.530.
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 ley 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 URS 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 folloving 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 seri,-ices 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.
Pale I7
Contractor#
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.
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.
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 regulatio}ls 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 will issue a Change Order for the additional work that must
Page j 8
I
Contractor#
be undertaken. The Change Order will 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.
Pursuant to ORS 279C.525(1),the following list identifies Governmental Agencies of which the City has
knowledge that have enacted Environmental Laws which may affect the performance of the work:
FEDERAL AGENCIES
Y Agriculture
• Department of Forest Service
• Soil Conservation Service
i' Defense
• Department of Army Corps of Engineers
Energy
• Department of Federal Energy Regulatory Commission
J-' Environmental Protection Agency
Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
r' Interior,Department of
• Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
• Bureau of Land Managcment
• Bureau of Mines
• Bureau of Indian Affairs
• Bureau of Reclamation
• Geological Survey
■ Minerals Management Senice
i' Labor,Department of
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
Transportation,Department of
• Coast Guard
• Federal Highway Administration
i' Water Resources Council
STATE AGENCIES
> Administrative Services,Department of
i> Agriculture,Department of
i' Columbia River Gorge Commission
i> Consumer&Business Senices,Department of Oregon Occupational Safety&Health
r Division
v Energy,Department of
> Environmental Quality,Department of
Pale I9
Contractor#
Y Fish and Wildlife,Department of
Y Forestry,Department of
Y Geology and Mineral Industries,Department of
Y Human Resources,Department of
Y Land Conservation and Development Commission
Y Parks and Recreation,Department of
Soil and Water Conservation Commission
Y State Engineer
State Land Board
Y Water Resources Board
LOCAL AGENCIES
i' City Council
Y County Court
i' County Commissioners,Board of
Y Port Districts
Y Metropolitan Services Districts
i' County Service Districts
i> Sanitary Districts
Y Water Districts
i' Fire Protection Districts
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 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,unusua 1v 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,snake all reasonable efforts to remove or elim}nate such a cause of delay or default
and shall,upon cessation of the;cause,diligently pursue performance of its obligation under Contract.
Page 110
Contractor#
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 shallrelieve 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. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon Circuit
Court in Washington County or the US District Court for Oregon,Portland.
26. 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 herev-ith.
27. 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 cgntract, 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.
Pagz 11
Contractor#
28. 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 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 (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 $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
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.
1' agc 112
Contractor#
D. Additional Insured Provision
All policies aforementioned, other than Workers'Compensation and Professional Liability,shall include
the Cit; 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 primar;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-Liabift 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 fonn 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
I Pale 113
Contractor#
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 v-ith this contract.
29. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail.
Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD ENDRES NORTHWEST INC
Mtn: Justin James Attn:Randy Endres
Address: 13125 SW Hall Boulevard Address: 450 in St
Tigard,Oregon 97223 Oregon City,Oregon 97045
Phone: (503) 718-2589 Phone: (503) 557-1700
Email: justinj tieard-or. Email: rand endres endresnw.com
and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid. In
all other instances,notices,bills and payments shall be deemed given at the time of actual delivery. Changes
may be made in the names and addresses of the person to whom notices,bills and payments are to be given
by giving written notice pursuant to this paragraph.
30. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance of this
Agreement. That list shall identify the location of storage and use of all such hazardous substances and
identify the amounts stored and used at each location. Contractor shall provide City with material safety data
sheets for all hazardous substances brought onto City property,created on City property or delivered to City
pursuant to this Agreement. For the purpose of this section, "hazafdous substance" means hazardous
substance as defined by ORS 453.307(5). Contractor shall complete the State Fire Marshall's hazardous
substance survey as required by ORS 453.317 and shall assist City to complete any such survey that it may be
required to complete because of substances used in the performance of this Agreement.
31. Hazardous Waste
If, as a result of performance of this Agreement, Contractor generates any hazardous wastes, Contractor
shall be responsible for disposal of any such hazardous wastes in compliance with all applicable federal and
state requirements. Contractors shall provide City with documentation, including all required manifests,
demonstrating proper transportation and disposal of any such hazardous wastes. Contractor shall defend,
indemnify, and hold harmless City for any disposal or storage of hazardous wastes generated pursuant to
this Contract and any releases or discharges of hazardous materials.
32. 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 remainder of this Agreement shall remain in full force and effect and shall in
no way be affected or invalidated thereby.
Pair 14
Contractor#
33.Demolition—Salvage and Recycling
As required by ORS 279C.510,Contractor shall salvage or recycle any construction and demolition debris if
feasible and cost-effective.
34. Representations and Warranties
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor,
enforceable in accordance with its terms.
C. Contractor(to the best of Contractor's knowledge,after due inquiry),for a period of no fewer than six
calendar years (or since the firm's inception if less than that) preceding the effective date of this
Agreement, faithfully has complied with.
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317,
and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to
Contractor's property, operations, receipts, or income, or to Contractor's performance of or
compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or
to goods, services,or property,whether tangible or intangible,provided by Contractor;and
4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced any of the
foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement,and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement, shall be
provided to the City free and clear of any and all restrictions on or conditions of use, transfer,
modification,or assignment,and shall be free and clear of any and all liens,claims,mortgages,security
interests,liabilities,charges,and encumbrances of any kind.
35. Compliance with Tax Laws
A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all tax
laws of this state and all applicable tax laws of any political subdivision of the State of Oregon. For the
purposes of this Section,"tax laws"includes all the provisions described in subsection 25.C. 1) through
4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Further, any violation of Contractor's warranty, in subsection 25.0 of this Agreement, that the
Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any
political subdivision of this state also shall constitute a material breach of this Agreement. Any violation
shall entitle the City to terminate this Agreement,to pursue and recover any and all damages that arise
from the breach and the termination of this Agreement,and to pursue any or all of the remedies available
under this Agreement,at law,or in equity,including but not limited to:
Pag: 15
Contractor#
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Contractor,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive
relief. The City shall be entitled to recover any and all damages suffered as the result of Contractor
's breach of this Agreement, including but not limited to direct, indirect, incidental and
consequential damages,costs of cure,and costs incurred in securing a replacement Contractor.
These remedies are cumulative to the extent the remedies are not inconsistent, and the City may
pursue any remedy or remedies singly,collectively, successively, or in any order whatsoever.
36. 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. 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 Architect has executed this.��greement on the date hereinabove First written.
CITY OF TIGARD END/ARE,AS�NORTHWEST+INCORPORATED
By: Marty Wine,City Manager By: uthorize ontractor Representative
Date Date
Page: 16
Contractor#
ATTACHMENT A
SCOPE OF SERVICES
Contractor shall provide:
1. Installation of 7 new restroom doors at Summer Lake Park
2. Provide new. electrical work for automatic locking doors
3. Remove old doors and frames
4. Paint new doors and frames
5. Site cleanup and removal of all packaging and materials when completed.
I
Page 17
E N
' Budget / Estimate
450 Main Street Date Csumate#
Oregon City, OR 97045 3/22/2019 S19-023
Phone# 503 5571700 Fax# 503 5571819
Submitted to: Project Location
CITY OF TIGARD CITY OF TIGARD
13125 SW HALL BLVD. SUMMERLAKE CITY PARK
TIGARD,OR 97223 11450 SW WINTERLAKE DRIVE
TIGARD,OR 97223
Driscription Total
Bathroom Door Remodel as Described by Justin James
•
Electrical(includes what's needed for doors and hardware) 35 990 W
•Door Installation
•Remove existing doors/Frames(total of 7)
•HES 1500c
•Painting
Excludes Plans Permits,Time Onak,Prevailing Wage.and all other Items and Services riot listed above
Respectfully submitted by:Randell C.Endres
Oregon License 162776 Total
i $36,990.00