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Elting NW ~ C210041 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANY EVER Y CONTRA CT) Contract Title: ADA Ramp Installation—SW Pathfinder Ct Number: C210041 Contractor: Elting NW Contract Total: $22,500 Contract Overview: At the West end of SW Pathfinder Ct,remove trail ramp and regrade to meet no more than 2% cross slope. Remove and regrade wings near driveways on either side of ramp. Maintain existing path width and tie path into existing trail/path. At the North East end of SW Pathfinder Way,remove trail ramp and regrade to meet no more than 2%cross slope. Remove and regrade wings and sidewalk panels to meet new ramp. Maintain existing path width and tie path into existing trail/path. Contact Project Manager for inspection with forms installed and prior to pouring of concrete. Initial Risk Level: ❑Extreme ❑High ❑ Moderate ®Low Risk Reduction Steps: Check Forms prior to pouring of concrete Risk Comments: Risk Signature: Contract Manager: Nichole George Ext: 2584 Department: PW Type: ❑ Personal Svc ❑ Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase ® Other: Construction Start Date: Oct 19,2020 End Date: December 31,2020 Quotes/Bids/Proposal: FIRM AMOITNT/ScogE Elting NW $22,500.00 Kerr $35,384.00 Concrete George Never got back to me. Account String: Fund-Division-Account Work Order—Activity T=e Amount FY 2020-21 412-8000-56005 95066-140 $22,500.00 FY FY FY Approvals - LCRB Date: Department Comments: Department Signature: Purchasing Comments: y Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Ofce along with a completed Contract Checklist. Contract# C210041 CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO ADA RAMP INSTALLATION— SW PATHFINDER CT THIS AGREEMENT made and entered into this 19" of October,2020 by and between the City of Tigard,a municipal corporation of the State of Oregon, hereinafter called "City", and Elting, NW, hereinafter called "Contractor",collectively known as the"Parties." RECITALS WHEREAS, 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 will purchase the services described in Contractor's bid or proposal; THEREFORE,the Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to installation of a sidewalk panel and ramp detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires, unless otherwise terminated or extended, on December 31, 2020. All services are to be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not exceeding Twenty Two Thousand Five Hundred and No/100 Dollars ($22,500.00) for of those services described herein,which payment is based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor,with the exception of expenses,if any,identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City,and not more frequently than monthly. Unless otherwise agreed,payment will be made only for work actually completed as of the date of invoice. C. Payment by City releases City from any further obligation for payment to Contractor,for services performed or expenses incurred as of the date of the invoice. Payment may not be considered acceptance or approval of any work or waiver of any defects therein. D. Contractor must make payments promptly,as due,to all persons supplying labor or materials for the prosecution of this work. E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. Contractor will pay all contributions or amounts due to the Industrial Accident Fund from the contractor or any subcontractor. H. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner does not relieve Contractor or their surety from obligation with respect to any unpaid claims. I. Contractor will promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical, and hospital care or other needed care and attention, incident to sickness or injury, to the employees of Contractor,or all sums that contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law,contract or agreement for the purpose of providing or paying for services. J. Contractor and its employees, if any, are not active members of the Oregon Public Employee Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. K. Contractor must 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. L. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's City Council. 4. ASSIGNMENT/DELEGATION Neither party may assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party will be invalid. 5. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills will be made in writing and may be given by personal delivery,mail or fax. Payments may be made by personal delivery,trail,or electronic transfer. The following addresses will be used to transmit notices,bills,payments,and other information: 21 1' CITY OF TIGARD ELTING,NORTHWEST INC Attn: Nichole George Attn: Steve Dunn Address: 13125 SVG'Hall Blvd. Address: PO BOX 1400 Tigard,Oregon 97223 Clackamas OR 97015 Phone: (503) 718-2584 Phone: (503) 656-0954 Email: nicholeg a,ti and-or. ov Email: sdunnateltingnw.com 6. TERMINATION There shall be no penalty for early termination with a thirty (30) day notice. If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered prorated to the date of termination. 7. ACCESS TO RECORDS City will have access to such books,documents,papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts. 8. FORCE MNEURE Neither City nor Contractor Arill be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to,an act of God or of a public enemy, civil unrest,volcano,earthquake, fire, flood,epidemic,quarantine restriction,area-wide strike, freight embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 9. NON-DISCRIMINATION Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section N' of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended b�� the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101- 336);and ORS 659A.142, including all amendments of and regulations and administrative rules, and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 10. INDEMNITY Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers, emplovees, agents and representatives from and against all liability, claims, costs, demands, judgments, penalties, 311' and causes of action of any kind or character,or other costs or expenses incidental to the investigation and defense thereof,of whatever nature,resulting from or arising out of the activities of the Contractor or its subcontractors,agents,or employees in performance of this contract,except, however, that the foregoing shall not apply to liability that arises out of the City's, its officers, employees, agents and representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this indemnification. 11. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term 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 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 I-lability 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 4 1 P 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 \ orkers' 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. 1. 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 oimissions policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance &U be forwarded to: 5 � City of Tigard Attn: Contracts and Purchasing Office 13125 SAX'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. 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. 15. HAZARDOUS MATERIALS Contractor will comply with all federal Occupational Safety and Health Administration (OSTIA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSTIA Hazard Communication Rules, if any goods or services provided under this Agreement may release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use (for example, employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheets, the identity of the chemical/s, how Contractor will inform employees about any precautions necessary, an explanation of any labeling system,and the safe work practices to prevent exposure. In addition, Contractor must label, tag,or mark such goods 16. CONFLICT BETWEEN TERMS In the event of a conflict between the terms of this Agreement and Contractor's proposal, this Agreement will control. In the event of conflict between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control. 61 11 17. EXTRA(CHANGES) WORK Only the City's Project Manager for this Agreement may change or authorize additional work. Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the contract price or contract time due to such unauthorized extra work and Contractor will not be entitled to compensation for the performance of unauthorized work. 18. SEVERABILITY In the event 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. 19. REPRESENTATIONS AND WARRANTIES Contractor represents and warrants to the City that: A. Contractor has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms. C. Contractor(to the best of Contractor's knowledge,after 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. 20. COMPLIANCE WITH TAX LAWS A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all a 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. Anil violation of subsection A of this section shall constitute a material breach of this Agreement. 7 � i Further, any violation of Contractor's warranty, in subsection 251' of this Agreement, that the Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the City to terminate this Agreement,to pursue and recover any and all damages that arise from the breach and the termination of this Agreement, and to pursue any or all of the remedies available under this Agreement,at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor,in an amount equal to State's setoff right,without penalty;and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Contractor 's breach of this Agreement, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement Contractor. C. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. These remedies 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. IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF TIGARD ELTING NORTHW T,INC y:Authorized City Representative By: Authorized Contractor Representative On - soZO ��/11/Zy Date Date 81 EXHIBIT A SCOPE OF SERVICES Contractor will install the following at the West end of SW Pathfinder Ct and the NE end of S\X'Pathfinder Way: A. At the West end of S\\'Pathfinder Ct,remove trail ramp and regrade to meet no more than 2% cross slope. i. Remove and regrade wings near driveways on either side of ramp. ii. Maintain existing path width and de path into existing trail/path. B. At the North East end of SV'Pathfinder Way,remove trail ramp and regrade to meet no more than 24'o cross slope. i. Remove and regrade wings and sidewalk panels to meet new ramp ii. Maintain existing path width and tie path into existing trail/path. C. Contact Project Manager for inspection with forms installed and prior to pouring of concrete. Total cost: $22,500 9 � I EXHIBIT B CONTRACTOR'S PROPOSAL 10 CITY OF TIGARDr,, SW PATHFINDER WAY-COURT RAMP IMPROVEMENTS PROJECT October 2020 SHEET INDEX LEGEND —— -- 1 a wws cw+ .•m-o�u��a E ��.� N. D, DET.,5 GENERAL N07F5 _m""°""' I i k wm.cn,s-.ooh K.v.oea norzn.c w p U i ' we 9�i,a�V c,t unm,c.rm anr.man maw a� - _- - 1 '11e� L w LOCA710N o o w =U PROIECTprrE MAP LOCATION MAP A pUtnMG Ma. C1 L 1a 3 ommvmwca<ort./ / �amR wmawaccs.. Lkl.^".� El as w sa.v..eacroe� G� .ae pn.Pent ffiI\ .Y� •wo.l rte \•:... � fO! GENERAL NOTES: V saa no oas tams wr�i:`w ' �ruww.rrrtrm,tr termrtam t aa�n.roaon awa..p eirc�. a • M Map M wtY�y taart 4 r M maAN dl1wJ Mi tDepK w vrt�,�mtptt�M � to.aww�omnc a•e,r M tma o M c SW PATHFINDER WAY °a9"a" �\ SW PATHFINDER COURT woom M netam•.ar ta<wa m nn sno rua M mea r M omtM tw � -- tm ton w'w`wvam'�was wima.mtm a.mmtO6"niw."'j.ro�o"m a`u.v10m""m.n m.06an" a. C to m svn o.m..vrno..w nr me C" !w Y m tensa snow aro uua saw ooar<. N �Lla.L81.ai0C ~ rte�a sm-tx tw �SUOW '' IdO On4�d IMPROVEMENT NOTES ;3 a Qi f�m�w. nnern Hioit.a avtnrm C.1 y � m 4mmic.s.-assvlrt lafsuw � m nta�iortv�sc c mv°'°:oa".u�m�� I O Vii. Ml�bt�nYaOYE 110 � Q Nran l.taP m 0♦nf r1a 4 ntO,w. Q11 m.�R tr61K mON!wa Ytla� Q TeR.ct.MI MOww wM M an..w of �.� C2 2w} wv r L-� ----------- _7-7------- 4� NOTES T CQvCRETIE PAC TYPICAL SIDEWALK RAMP REPLACEMENT SECTION <I RAMF GENERAL NOTES: ;7 c:pp w SCORING GENERAL NOTES. 0 It3: A5fSECTION TYPICAL SIDEWALK SCORE JOINI DETAJ �HA_T PIEDESTRAN PATH S. 3