PFI2020-00417 CITY OF TIGARD PUBLIC FACILITIES IMPROVEMENT PERMIT
111 11. COMMUNITY DEVELOPMENT Permit#: PFI2020-00417
13125 SW Hall Blvd.,Tigard OR 97223 503.718.2421 Date Issued: 11/02/2020
TIGARD 13125 SEG2394
Jurisdiction: Tigard
Site address:
Subdivision: Lot:
Project: Alderbrook Sidewalk
Project Description: SEG 2394/Regrading of new ramp wing to meet new elevations of the sidewalk repair done by resident.
Class of Work: FEES
Type 2-Sidewalk/Driveway Approach Description Date Amount
Total
Owner:
REQUIRED INSPECTIONS
Call 503-639-4175 for the IVR inspection request line or visit the City of
PHONE: Tigard website at www.tigard-or.gov to schedule inspections online.
Contractor:
ELTING NORTHWEST INC
P.O. BOX 1400
CLACKAMAS,OR 97015
PHONE: 503-656-0954
Applicant:
NICHOLE GEORGE
13125 SW HALL BLVD
TIGARD, OR 97223
PHONE: 5037182584
Please sign below to indicate acceptance of conditions and return a copy with the proposed work schedule along with names and contact
information of responsible parties before beginning work.
PermitteelApplicant
Signature: See application •
Issued By:
Special Conditions(See Attached)
Note:THIS PERMIT DOES NOT COVER WORK ON PRIVATE PROPERTY
Conditions for PF12020-00417
Type: Condition Name: Status: Severity:
PFI_Sidewalk/[ 01 -WORK SITE REQUIREMENTS Applied Notice
Applicant must comply with all applicable provisions of federal and state law,the Tigard Municipal Code, and the terms of
any agreement with the City of Tigard regarding work to be done pursuant to this permit.
PFI_Sidewalk/[ 02-WORK SITE AREA Applied Notice
The work area and approach roads shall be maintained in a clean condition,free from obstructions and hazards. The
spreading of mud or debris or storage of materials or equipment of any kind upon any public roadway is strictly prohibited
and violation shall be cause for immediate cancellation of the permit. The City may at any time order immediate clean-up
and suspension of work to accomplish clean-up.
PFI_Sidewalk/[ 03-WORK SITE EROSION CONTROL Applied Notice
Prior to starting work,effective and approved erosion control devices must be installed and maintained meeting the Clean
Water Services and DEQ requirements. The City may at any time order corrective action and suspension of work to
accomplish effective erosion control.
PFI_Sidewalk/C 04-WORK SITE REPAIRS Applied Notice
Disturbed landscaped areas shall be restored or replaced. Existing signs, pavement markings, mailboxes, etc.shall be
reinstalled or replaced,with like kind of material. Obtain City approval of restoration work.
PFI_Sidewalk/[ 05-TRAFFIC CONTROL SPECIFICATIONS Applied Notice
Applicant shall provide traffic control according to the current edition of the"Manual on Uniform Traffic Control Devices
[MUTCD]for Streets and Highways", U.S. Dept. of Transportation, FHWA, current edition,American Traffic Safety Services
Association[ATSSAI, and Oregon Temporary Traffic Control Handbook[OUCH].
PFI_Sidewalk/L 06-TRAFFIC CONTROL PLAN Applied Notice
Submit a job specific traffic control plan. A copy of the approved traffic control plan shall be readily available at the work
area. Traffic control devices,flag persons, etc.,shall be in place prior to initiation of construction work and shall be
effectively maintained.
PFI_Sidewalk/C 07-TRAFFIC CONTROL ROAD CLOSURE Applied Notice
Public roadway shall not be closed to traffic, at any time,without obtaining written approval from the City Engineer. The
applicant is responsible to provide 48 hour advance notice of traffic flow disruptions to affected businesses, residents and
area wide Emergency Services:503-629-0111 (Tigard Police Dept.,Tualatin Fire& Rescue)and to 503-962-8140(Tri-Met)
and 503-431-2345(Tigard School District)and other service providers impacted by such closure.
PFI_Sidewalk/[ 08-TRAFFIC CONTROL ADVANCE WARNING Applied Notice
Advance warning of traffic disruption shall be provided to the public by placement of an approved advance notification sign
at each end of the construction area 72 hours(min.)before initiation of construction work.
PFI_Sidewalk/[ 09-TRAFFIC CONTROL PROPERTY ACCESS Applied Notice
Access to existing properties shall be maintained at all times, including normal delivery service and mail service.Obtain City
approval of any access closures.
PFI_Sidewalk/E 10-TRAFFIC CONTROL WORK HOURS Applied Notice
Work is permitted in daylight between the hours of 7:00 a.m.to 7:00 p.m. Mon-Fri unless otherwise authorized by the City.
PFI_Sidewalk/[ 11 -TRAFFIC CONTROL LIMITED WORK HOURS Applied Notice
Hours of construction work on collector and arterial roads will be limited to 9:00 a.m.to 3:00 p.m. unless authorized by the
City Engineer. Work will not be permitted on collector and arterial roads between 3:00 p.m.to 9:00 a.m. unless authorized
by the City Engineer.
PFI_Sidewalk/[ 12-TRAFFIC CONTROL MODIFICATION Applied Notice
The City reserves the right to add to or modify traffic control requirements as necessary to effectively control traffic and to
assure public safety.
PFI_Sidewalk/C 13-DRAINAGE CONTROL Applied Notice
Drainage shall be controlled within the work site and shall not adversely affect adjacent private property, public property and
the receiving system. The City may at any time order corrective action and suspension of work to accomplish effective
drainage control.
PFI_Sidewalk/C 14-UTILITY NOTIFICATION Applied Notice
Oregon law requires following the rules adopted by the Oregon Utility Notification Center. Said rules are set forth in OAR
952-001-0100 through OAR 952-001-0080.Copies of said rules may be obtained from the Center by calling 503-246-1987.
If you have any question about the rules, contact the Center. NOTE: Damage to utilities shall be corrected at the permit
holder's expense
PFI_Sidewalk/[ 15-UTILITY LOCATION CONFLICT Applied Notice
Applicant must verify all existing utilities for both vertical elevation and horizontal location prior to start of work(pothole
before digging if necessary). Should conflicts arise and redesign or relocation of facilities be necessary, it shall be done at
the applicant's expense. Changes must be approved by the City in advance of work.Applicant shall coordinate the work
with affected utility agencies.
PFI_Sidewalk/[ 16-TEMPORARY PATCH Applied Notice
A temporary hard-surface patch shall be placed on trenches within roadways at the end of each work shift. Obtain advance
approval of patching method. No trench shall be left at any time in an un-safe condition. Applicant is responsible for and is
liable for hazards or damage resulting from the prosecution of the work.
PFI_Sidewalk/[ 17-REPAIR OF EXISTING FACILITIES Applied Notice
Work under this permit shall include repair of existing facilities(roads,ditches,etc.)as may be necessary, as determined by
the Inspector,to overcome deterioration or damage which occurred in conjunction with the work authorized by the permit.
Corrective work shall be done at the applicants expense.
PFI_Sidewalk/[ 18-SEWER SYSTEM TEST Applied Notice
A sewer system air-test and/or DVD T.V.test report and one set of"As-Builts"shall be provided for review and approval.
PFI_Sidewalk/[ 19-PRECONSTRUCTION MEETING Applied Notice
Before initiating any construction activity,the applicant shall coordinate with the City's inspector, <Insert Name>at<Insert
Phone#>,to establish a preconstruction meeting.
PFI_Sidewalk/[ 20-NOTICE TO COMMENCE WORK Applied Notice
The applicant shall notify the City's Inspector twenty-four(24)hours prior to commencing work, prior to any staged
inspection, and after completing work covered by the permit.
PFI_Sidewalk/[ 21 -PERMIT/PLAN ON SITE Applied Notice
A copy of the permit including a Certificate of Insurance, and all attachments, and a copy of the approved construction plan
and all amendments shall be readily available at the work area. All work shall conform to the permit terms, conditions and
provisions and to the City approved permit plans, and approved plan amendments and to the City's standards and
specifications and to these General Conditions. Changes to any of these must be approved by the City, in advance of work
performance.
PFI_Sidewalk/[ 22-DAILY INSPECTION REPORTS Applied Notice
Applicant shall submit daily inspection reports,on a weekly basis,to the City's Inspector.
PFI_Sidewalk/[ 23-MONUMENT PROTECTION Applied Notice
Existing monuments, property corners, and survey markers shall be protected. Replacement shall be at the permit holder's
expense.
PFI_Sidewalk/[ 24-VALIDATION OF MATERIAL/CONSTRUCTION Applied Notice
The City's Inspector may, at his discretion, require tests and or reports from the applicant to validate claims of material or
construction adequacy/compliance. Such tests/reports shall be provided at the applicant's expense.
PFI_Sidewalk/[ 25-EMERGENCY CONTACTS Applied Notice
Provide to the City inspector, in writing,the names and 24 hour emergency telephone number of two(2)persons who have
authority to resolve problems,take corrective action and, in general,will be responsible in case of any emergency. The
applicant shall notify the City Inspector, in writing,of any/all assignment changes.
PFI_Sidewalk/[ 26-RIGHT OF ENTRY/EASEMENTS Applied Notice
Applicant to obtain proper right-of-entry and/or easements prior to starting work. Proof of right-of-entry or properly executed
easements,shall be provided to the City. The City shall in no way be construed to be liable for the applicant's failure to
obtain or provide for proof of right-of-entry or easements.
PFI_Sidewalk/[ 27-PRIVATE PROPERTY AGREEMENTS Applied Notice
Provide the City a copy of an executed agreement[s]from the owner for each private property disturbed by construction
activity.
PFI_Sidewalk/[ 28-AS-BUILT DRAWING Applied Notice
One as-built drawing showing all new public improvements, including any revision made to the previously approved
construction plans and, also, any improvement which may impact an existing public system or facility,shall be provided to
the City by a registered civil engineer along with an engineer's certification of installation compliance(Certificate of
Compliance).
PFI_Sidewalk/[ 31 -OTHER Applied Notice
Other
UPICity ofTigard PFI#:2020-00417
2 7 ENGINEERING DEPARTMENT
TIGARD Public Facilities Improvement (PFI) Permit
PROJECT INFORMATION
TYPE OF WORK
name:Project Alderbrook Sidewalk
1 • TYPE 1—Franchise Utility Work
Brief description of project: Regrading of my new ramp wing to meet new performed by NWN,PGE, or utility
age
elevations of the sidewalk repair done byn`y
tesidenl. • TYPE 2—ROW Sidewalk/Driveway/Utility
Work performed for the purpose of:
• Sidewalk/Curb installation or repair
• Driveway approach installation and repair
SITE INFORMATION • Sanitary/Storm/Water lateral service
Location (address if available): NW Corner of Alderbrook Drive and installation and main line tap
Durham Road Intersection • TYPE 3—Work performed with/without
SEG2394 land use approval which includes any of the
following:
• Subdivisions and Partitions
APPLICANT INFORMATION • Water Infrastructure
Name: Nichole George—City of Tigard Engineering Project Manager • Street Widening
• Sanitary o r Storm Sewer Infrastructure
Mailing address: 13125 SW Hall Blvd,
• TYPE 4—Small Cell Technology
City/State: Tigard,OR Zip: 97223
• TYPE 5—Tigard Triangle
Phone: 503-718-2584
Email: _nicholeg@tigard-or.gov NOTE: Type 1 and 2 applications may be
emailed to rowpermitid)tigard-or.gov.
Contact name:
Phone: Email:
CONTRACTOR INFORMATION ❑ Same as applicant
Name: Elting NW CCB Number:
Mailing address: PO BOX 1400 City/State: Clackamas OR Zip: 97015
Phone: (503) 656-0954 Email: sdunn@eltingnw.com
ENGINEER INFORMATION
Name: N/A
Mailing address: City/State: Zip:
Phone: Email:
ADDITIONAL INFORMATION
Estimated value of work is required(if over$5,000):$_2700 (within the public right-of-way)
Is work related to a LAND USE DECISION? ❑Yes No Case number:
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of4
APPLICANTS
NOTE: Person specified as"Applicant" shall be designated"Permittee"and shall provide financial assurance for
work,if required by the city pursuant to TMC 15.04.140.
* With the exception of a utility operating pursuant to a valid franchise or lit, use with the City of Tigard,when the owner and the applicant
are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner
or an agent of the owner. The owner must sign this application in the space provided or submit a written authorization with this
application. Franchised or Licensed Utilities are not required to obtain the owner's signature on the application.
I, the applicant,certify that:
• To the best of my knowledge,all the information provided within this application package is complete and
accurate.
• The above request does not violate any recorded deed restrictions that may be attached to or imposed upon the
subject property.
• If the application is granted,I will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
� 6142.- Nichole George 10/27/2020
Applicant's or authorized agent's signature Print name Date
Property owner's signature (if required) Print name Date
STAFF USE ONLY
Case No:PFI2020-00417 Permit fee: - ' Received by: ALpp Date: 11/2/20
Approved by: Trvvr1 Q Date: /I/z/2Dzv Notified by: A.-.2 Date: a!� .l�Z
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or:gov • 503-718-2421 • Page 2 of4
tom. . •
4
1
NEW RAMP NOT
PICTURED HERE
City of Tigard
IN FINANCE AND INFORMATION SERVICES
TIGARD Notice To Proceed
September 28,2020
Eking NW
Attn: Steve Dunn
PO BOX 1400
Clackamas OR 97015
Dear Steve Dunn
Endosed you will find an executed copy of the contract signed on September 28,2020 between the City of
Tigard and Eking NW. Please consider this letter the City's official notice to proceed on the Sidewalk and
Ramp Installation—SW Durham Rd and SW Alderbrook Dr contract.
The City is truly looking forward to this opportunity to work with your company. If you have any
questions,please feel free to contact me at either 503-718-2492 or at Jamie@tigard-or.gov.
Sincerely,
Jamie Greenberg
Purchasing Specialist
Contract# C210031
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
SIDEWALK AND RAMP INSTALLATION—
SW DURHAM RD AND SW ALDERBROOK DR
THIS AGREEMENT made and entered into this 24th of September,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 October 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 Seven Thousand Three Hundred and No/100
Dollars ($7,300.00) 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
31 st expiration date. New businesses operating in Tigard after)une 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,mail,or electronic transfer. The following addresses will be used to
transmit notices,bills,payments,and other information:
2 i• •
CITY OF TIGARD ELTING,NORTHWEST INC
lttn: Nicholc Gcorgc Attn: Skye Dunn
ddress: 13125 SW Hall Blvd. Address: PO BOX 1400
Tigard,Oregon 97223 Clackamas OR 97015
Phone: (503) 718-25 Phonc: (503) 656-0954
Email: nicholeg nntigard-or.gov Email: sdunn eltingnw.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,excepts and transcripts.
8. FORCE MAJEURE
Neither City nor Contractor will 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 V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by 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,employees,
agents and representatives from and against all liability,claims,costs,demands,judgments,penalties,
3Ii'
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 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 Lw
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
411'
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
111e 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:
5I : .
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),attomey'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 (OSHA)
requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon
OSHA 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.
6I I'
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 teens 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
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.
7I �
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:
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 arc 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 ELTIN RT 7VEST,INC
By:Authorized City Representative By:Authorized Contractor Representative
9/28/2020 Z6/ZU
Date Date
8Il
EXHIBIT A
SCOPE OF SERVICES
Contractor will install the following at the NW corner of SW Durham Rd and Alderbrook DR:
A. At the NW corner of Durham and Alderbrook Drive, remove north most ramp wing and
regrade to meet no more than 2%cross slope.
B. Pour remaining panel to meet in with existing sidewalk. Existing curb to be maintained if
able.
C. Contact Project Manager for inspection with forms installed and prior to pouring of
concrete.
Total cost: $7,300
EXHIBIT B
CONTRACTOR'S PROPOSAL
10 I 1
- _� �
L
ELTING NORTHWEST INC.
September 24, 2020
City of Tigard
8777 SW Burnham St.
Tigard, OR 97223
Attn: Nichole George, PMP
Re: Durham & Alderbrook Sidewalk Replacement
Ms. George,
Thank you for contacting us for a proposal for this work. We propose to remove one existing
sidewalk panel, regrade the base, and re-pour two sidewalk panels at the intersection of
Durham & Alderbrook. We are going to make every effort to save the existing curb to keep
cost and duration to a minimum. In the event that the curb (currently poured monolithically
with the sidewalk to be removed) is unable to be removed without damage and requires
replacement, there will be additional costs incurred. However, if we can avoid the removal of
the curb we can perform this work for$7,300.
We are available to begin this work during the next few weeks. If you have any questions
please feel free to call me at (503)656-0954.
Since,
1 ,
Steve Dunn
Project Manager
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
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1, Use Ws. Seuniode
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2. Foe added vimoth, N6ly.atruot.needed arrow board orPC1ASmeaution ® ..}— : !I
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raper and tangent devices may be omitted. L . 1 garter
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2011 Edition Page 85
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September 2016 Chapter 5