Mocon Contactors ~ CP12001 Contract#: CP12001
ATTACHMENT F
CITY OF TIGARD
PUBLIC IMPROVEMENT CONTRACT
GREENFIELD DRIVE&130TH PLACE
STORM PIPE REPAIR
THIS CONTRACT, made and entered into this 16`'' day of August. 2011, by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Mocon
Contractors 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;and
WHEREAS, the City has sufficient appropriation in the FY 2010-11 budget for this (or portion of
this) project.
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 Contract shall consist of the following:
A. Installation of storm drainage pipe using the slip lining method
B. Installation of dust&erosion/sedimentation control device
C. Pavement Restoration
D. Performance of additional and incidental work as called for by the specifications and
plans.
2. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set
forth. As the City will utilize funds from a to pay for a percentage of the work covered under
this agreement 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.
For contracts $50,000 or greater, the City shall pay a fee equal to one-tenth of one percent
(.001) of the price of the contract. The fee shall be paid on or before the first progress
payment or 60 days from the date work first began on the contract, whichever comes first.
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The fee is payable to the Bureau of Labor and Industries and shall be mailed or otherwise
delivered to the Bureau at the following address:
Bureau of Labor and Industries
Wage and Hours Division
Prevailing Wage Unit
800 NE Oregon Street, # 32
Portland, Oregon 97232
Contractor shall provide proof as requested to the City prior to the beginning of any of the
work that the Contractor has filed a public works bond with a corporate surety in the amount
of$30,000 with the Construction Contractors Board as required under Oregon PWR law.
3. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents
prepared by the City and the performance pertaining to this contract, in the City of Tigard,
Oregon, and by this reference made a part hereof to the same legal force and effect as if set
forth herein in full. 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,2008,Volume 1 and Volume 2.
Solicitation Documents
• Advertisement for Bids
• Bidding requirements and procedures
• Award and execution of contract
• Proposal
• Acknowledgement of Addenda
• Bid Certifications—Non-discrimination Clause
• First Tier Subcontract Disclosure Form
• Bid Bond From
• Public Improvement Contract
• Performance Bond
• Payment Bond
• Supplementary General Conditions
• Special provisions
• Drawings
Standard Documents
• General conditions (Oregon Standard Specification for Construction, 2008 Volume 1 as
amended by the special provisions)
• Standard Specifications (Oregon Standards Specifications for Construction, Volume 2 as
amended by Technical Specifications)
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4. City's Representative
For purposes hereof, the City's authorized representative will be Greg Berry, P.E., City
Engineer, who can be reached by mail, at 13125 SW Hall Blvd., Tigard, Oregon 97223; by
telephone at 503-718-2468, or via email at gregna�,tigard-or.gov.
5. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Rob Morrow, who can
be reached by mail at 49950 Jefferson St., Suite C-200, Indio, California or by phone at 760-
564-2536.
6. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number, as
designated by the Internal Revenue Service, or Contractors social security number, as City
deems applicable.
7. Compensation
Progress Payments: City agrees to pay Contractor an amount not to exceed Ninety-Nine
Thousand Eight Hundred and Twenty-Seven Thousand and No/100s Dollars ($99,827.00) 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 Contract. 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 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 will not
be measured or paid under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer, 13125 SW Hall Blvd.,
Tigard, Oregon 97223, a statement of services rendered, (indicating the description of each
service used in the proposal and the dollar amount of each service completed through the
stated date), together with a request for payment duly verified by the Contractor's
Representative.
Payment by the City shall release the City from any further obligation for payment to
Contractor for services performed or expenses incurred as of the date of the statement of
services. Payment of installments shall not be considered acceptance or approval of any work
or waiver of any defects therein. . The City certifies that funds are appropriated and available
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in the current fiscal year's budget for work on this project. In the event the project crosses
into subsequent fiscal years,appropriations will be determined during the budget process.
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 payrolls sheets with the City
Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within thirty (30) 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 amounts of those damages are difficult to calculate. Contractor and City agree that a
reasonable amount of damages for late completion is $150.00 per day and Contractor agrees to
pay damages in that amount if the work is not completed by the Time of Completion.
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 established in ORS 279C.570 on the
final payment due the Contractor,to commence 30 days after the work under the Contract has
been completed and accepted and to run until the date when final payment is tendered to the
Contractor. If the City does not, within 15 days after receiving written notice of completion,
notify the Contractor of work yet to be performed to fulfill contractual obligations,the interest
provided by this subsection shall commence to run 30 days after the end of the 15-day period.
As a further conditions of final acceptance, the City may require the Contractor to submit
evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of payment,a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
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8. 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 full extent of any benefits or
other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
Contractor or to a third party) as a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive
any remuneration of any description from Contractor, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
C. If this payment is to be charged against Federal funds, Contractor certifies that he or
she is not currently employed by the Federal Government and the amount charged
does not exceed his or her normal charge for the type of service provided.
D. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more
in the calendar year by any public employer participating in the Retirement System.
E. Contractor certifies that it currently has a City business license or will obtain one prior
to delivering services under this Agreement.
F. Contractor is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
9. Subcontracts -Assignment& Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall
be fully responsible for the acts or omissions of any Subcontractors and of all persons
employed by them, and neither the approval by City of any Subcontractor not anything
contained herein shall be deemed to create any contractual relation between the Subcontractor
and City.
This agreement, and all of the covenants and conditions hereof, shall insure to the benefit of
and be binding upon the City and the Contractor respectively and their legal representatives.
Contractor shall not assign any rights not 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.
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Any and all subcontracts issued by the contractor shall contain a provision that workers shall
be paid not less that the PWR Law specified minimum wage.
10. 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 all contributions or amounts due the under the Industrial Accident Fund form
the Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard,
on account of any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the
Subcontractor's Surety shall file certified statements with the City in writing in form
prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the
hourly rate of wage paid each worker which the Contractor or the Subcontractor has
employed upon such public work, and further certifying that no worker employed
upon such public work has been paid less than the prevailing rate of wage, which
certificate and statement shall be verified by the oath of the Contractor or the
Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor
or Subcontractor has read such statement and certificate and knows the contents
thereof and that the same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll
records for the prior week,including the same and address of each worker, the
workers 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 at least once a month by the fifth
business day of the following month.
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 to the person
furnishing the labor or services and charge the amount of the payment against funds
due or to become due to the Contractor by reason of such contract. Payment of a
claim in this manner shall not relieve the Contractor or the Contractor's Surety from
obligation with respect to any unpaid claims.
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D. Contractor agrees that no person shall be employed for more than ten (10) hours in
any one day, or 40 hours in any one week, except in cases of necessity or emergency or
when the City deems it in the best interest of the public or policy absolutely requires it,
in which event, the person so employed for excessive hours shall receive at least time
and a half pay for the following.
1) For all overtime in excess of eight hours in any one day or 40 hours in any one
week when the work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one
week when the work week is four consecutive days,Monday through Friday;
and
3) For all work performed on Saturday and on the legal holidays specified in ORS
279C.540.
E. No City employee shall be required to work overtime or on a Saturday, Sunday or
holiday in the fulfillment of this contract except where the Contractor agrees to
reimburse the City in the amount of money paid the employee for such work as
determined by state law, the City's personnel rules or union agreement. The
Contractor shall require every Subcontractor to comply with this requirement.
F. If Contractor or any first-tier subcontractor fails to pay a person fimiishing labor or
material within 30 days after receipt of payment form the City or from the Contractor
to a subcontractor, the Contractor or first-tier subcontractor shall owe the person the
amount due plus interest commending at the end of the 10 day period that the
payment is due under ORS 279C.580, unless payment is subject to a good-faith
dispute. The interest rate shall be as specified in ORS 279C.505(2). If the Contractor
or any subcontractor fails, neglects, or refuses to pay a person furnishing labor or
material, the person may file a complaint with the Construction Contractors Board,
unless the payment is subject to a good faith dispute as defined in ORS 279C.580.
G. Contractor shall include a clause in each contact with a subcontractor a requirement
that the contractor pay the subcontractor for satisfactory performance within 10 days
of receipt of payment from the City for the work. Contractor shall include in contracts
with subcontractors an interest provision for such payments in compliance with ORS
279C.580. Contractor shall include a clause in each contract with a subcontractor
requiring the subcontractor to meet the same payment and interest standards as
required by ORS 279C.580 (4).
11. Drug Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring
contractors to demonstrate that an employee drug-testing program is in place. The Contractor
demonstrates that a drug-testing program is in place by signing of the contact. The drug testing
program will apply to all employees and will be maintained for the duration of the Contract
awarded. Failure to maintain a program shall constitute a material breach of contract.
12. Contractor's Employee Medical Payments
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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 sutras 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.
13. 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, or unilaterally by the City upon a
finding that it is in the best interest of the public,and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any
reason considered to be in the public interest other than by a labor dispute or
by reason of any third party judicial proceeding relating to the work other than
a suit or action filed in regard to a labor dispute;or
2) If the circumstances or conditions are such that it is impracticable within a
reasonable time to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to
and include the day of termination and shall be in full satisfaction of all claims by
Contractor against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right,
obligation, or liability of Contractor or City which accrued prior to such termination.
14. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to
Contractor, or at such later date as may be established by City, under any of the
following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
of services. This Agreement may be modified to accommodate a reduction in
funds,
2) If Federal or State regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this Agreement,
3) If any license or certificate required by law or regulation to be held by
Contractor, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied,revoked, or not renewed,
or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Contractor, if a receiver or trustee is
appointed for Contractor, or if there is an assignment for the benefit of
creditors of Contractor.
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Any such termination of this agreement under paragraph (a) shall be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the
time specified herein or any extension thereof, or
2) If Contractor fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from City, fails to
correct such failures within ten (10) days or such other period as City may
authorize.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Contractor shall not be exclusive and are in addition
to any other rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Contractor bear to the total services otherwise
required to be performed for such total fee;provided,that there shall be deducted from
such amount the amount of damages,if any, sustained by City due to breach of contract
by Contractor. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.3
15. 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.
16. Work is Property of Citi
All work performed by Contractor under this Agreement shall be the property of the City.
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17. 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 Discrinvnation Act of 1975, and
all rules and regulations issued pursuant to the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local
statutes, ordinances and regulations dealing with the prevention of environmental
pollution and the preservation of natural resources that affect the work under this
contract are by reference incorporated herein to the same force and affect as if set
forth herein in full. If the Contractor must undertake additional work due to the
enactment of new or the amendment of existing statutes, ordinances or regulations
occurring after the submission of the successful bid, the City shall issue a Change
Order setting forth the additional work that must be undertaken. The Change Order
shall not invalidate the Contract and there shall be, in addition to a reasonable
extension, if necessary, of the contract time, a reasonable adjustment in the contract
price, if necessary, to compensate the Contractor for all costs and expenses incurred,
including overhead and profits,as a result of the delay or additional work.
18. 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.
19. Force Majeure
Neither City not Contractor shall be considered in default because of any delays in completion
of responsibilities hereunder due to causes beyond the control and without fault or negligence
on the part of the party so disenabled, including, but not restricted to, an act of God or of a
public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide
strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to
such cause;provided that the party so disenabled shall within ten (10) days from the beginning
of such delay, notify the other party in writing of the causes of delay and its probable extent.
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Such notification shall not be the basis for a claim for additional compensation. Each party
shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or
default and shall, upon cessation of the cause, diligently pursue performance of its obligation
under Contract.
20. Non-waiver
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.
21. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Contractor
from liability under warranties contained in or implied by this contract.
22. 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.
23. 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.
24. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the proposal of the Contractor, this
instrument shall control and nothing herein shall be considered as an acceptance of the said
terms of said proposal conflicting herewith.
25. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and
local laws, it being understood that acceptance of a contractor's work by City shall not operate
as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, agents and employees and
hold them harmless from any and all liability, causes of action, claims, losses, damages,
Judgments or other costs or expenses including attorney's fees and witness costs and (at both
trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by
any person or entity which in any way arise from, during or in connection with the
performance of the work described in this contract, except liability- arising out of the
negligence of the City and its employees. If any aspect of this indemnity shall be found to be
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illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
26. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
by City is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's
expense, and keep in effect during the term of this contract, Comprehensive General
Liability Insurance covering Bodily Injury and Property Damage on an "occurrence"
form (1996 ISO or equivalent). This coverage shall include personal and advertising
injury liability and products and completed operations coverage. Coverage may be
written in combination with Commercial General Liability and Commercial
Automobile Liability Insurance with separate limits for both. Combined single limit
per occurrence and annual aggregate limit shall not be less than the dollar amount
indicated below. This coverage shall include Contractual Liability insurance for the
indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at contractor's
expense, and keep in effect during the term of the contract, "Symbol 1" Commercial
Automobile Liability coverage including coverage for all owned,hired, and non-owned
vehicles.The Combined Single Limit per occurrence shall not be less than$1,000,000.
C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all
employers providing work, labor or materials under this Contract are subject
employers under the Oregon Workers' Compensation Law and shall comply with ORS
656.017,which requires them to provide workers'compensation coverage that satisfies
Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single
location within Oregon for more than 30 days in a calendar year. Contractors who
perform work without the assistance or labor of any employee need not to obtain such
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coverage." This shall include Employer's Liability Insurance with coverage limits of
not less than$100,000 each accident.
D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and
employees shall be added as additional insureds with respect to this contract. All
Liability Insurance policies will be endorsed to show this additional coverage.
E. Notice of Cancellation: There shall be no cancellation, material change, exhaustion of
aggregate limits or intent not to renew insurance coverage without 30 days written
notice to the City. Any failure to comply with this provision will not affect the
insurance coverage provided to the City. The 30 days notice of cancellation provision
shall be physically endorsed on to the policy.
F. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten
by an insurance company deemed acceptable by the City. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
G. Certificates of Insurance: As evidence of the insurance coverage required by the
contract, the contractor shall furnish a Certificate of Insurance to the City. No
contract shall be effected until the required certificates have been received and
approved by the City. The certificate will specify and document all provisions within
this contract. A renewal certificate will be sent to the above address 10 days prior to
coverage expiration. The Contractor shall obtain, or ensure that the appropriate
subcontractors obtain, insurance coverages required under this Contract from
companies authorized to issue insurance in the State of Oregon.
H. Independent Contractor Status: The service or services to be rendered under this
contract are those of an independent contractor. Contractor is not an officer,
employee or agent of the City as those terms are used in ORS 30.265.
I. Primary Coverage Clarification: All parties to this contract hereby agree that the
contractor's coverage will be primary in the event of a loss.
J. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be
included in all general liability,professional liability,pollution and errors and omissions
policies required by this contract.
Contractor's insurance policy shall contain provisions that such policies shall not be canceled
or their limits of liability reduced without thirty (30) days prior written notice to City. A copy
of each insurance policy, certified as a true copy by an authorized representative of the issuing
insurance company, or at the discretion of City,in lieu thereof, a certificate in form satisfactory
to City certifying to the issuance of such insurance shall be forwarded to:
City of Tigard
Attn: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd
Tigard, Oregon 97223
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Contract#: CP12001
Email address: josephgtigard-or.gov
Such policies or certificates must be delivered prior to commencement of the work. Ten days
cancellation notice shall be provided City by certified mail to the name at the address listed
above in event of cancellation or non-renewal of the insurance. 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.
27. 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 MOCON CONTRACTORS
Attn: Greg Berry, PE Attn: Rob Morrow
Address: 13125 SW Hall Blvd Address: 49950 Jefferson St., Suite C-200
Tigard, Oregon 97223 Indio,California
Phone: 503-718-2468 Phone: 760-564-2536
Fax: 503-684-7297 Fax: 760-543-3686
Email Address: greggtigard-or.gov Email Address: robgmocontrenchless.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.
28. 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, "hazardous 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.
29. 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.
Greenfield Drive & 130th Place Storm Repair
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Contract#: CP12001
30. 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.
31. Governing Law and Venue
The provisions of this Contract shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Contract must be brought in the appropriate court of the State of Oregon.
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.
33. Complete Agreement
This Agreement and attached exhibits constitutes the entire Agreement between the parties.
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 has read this Agreement, understands it and agrees to be bound by its
terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
Contract approved and awarded by Tigard's Local Contract Review Board at their August 9, 2011
meeting.
CITY OF TIGARD CONT C
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Date Date
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