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Western Wood Structures ~ C170060 City of Tigard CONTRACT CHANGE ORDER/ 13125 Su Hall BlvdTigar . 11111 1 AMENDMENT 1 SUMMARY hone -Oregon03) 697223 41 Phone - (503i 639-41'•1 T7 G A RD F'ORM Fax- (503) 684-7297 www.tigard-Or_gov Project Title: Dirksen Nature Park (Boardwalk& Project Manager:Jeff Peck Overlook) Contractor:Western Wood Structures,Inc. Original Contract#: C170060 Effective Dates: 11/28/17 Change Order/Amendment Amount: $5,000 Accounting String: 420-8000-56005 Amendment Percentage Running Total: 4.55% of original contract AMENDMENT DETAILS Adaptor plates required for upsized battered helical piers Upsized battered and vertical piers (from 237s to 288s). Lost material costs for 237s that could not be removed, bent 288 sections and extensions. Additional construction administration costs for the construction of the boardwalk. ICHANGE ORDER DETAILS UNIT QTY LTNIT$ TOTAL$ I Adaptor plates for upsized battered piers,upsized Lump Sum 1 5,000.00 5,000.00 battered and vertical piers (288s),lost material cost, additional construction administration Original Contract Amount 109,900 Adjusted Contract Amount 114,900 REASONING FOR CHANGE ORDER/AMENDMENT 1. Adaptor plates required for upsized battered piers. 2. Larger piers required to sink footings into the ground. Smaller piers were breaking during installation. Soil conditions were more difficult than anticipated. 3. Lost material costs include piers that could not be removed for re-use,piers and extensions bent during installation resulting from stiff soils, and tree roots. 4. Additional construction administration costs for Western Wood Structures to assist with the erection of the boardwalk. BUDGET IMPACT AND REQUIRED ACTIONS The Dirksen Nature Park budget associated with CIP No. 92016-05 (boardwalk) has adequate funding to backfill the additional project costs. REQUESTING PROJECT MANAGER APPROVING CITY STAFF Signature j2 Signature I y Prate lr/ Bf� Date Contractor is hereby authorized by the City of Tigard to perform t CONTRACTOR J the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules,regulations,and laws that may be in effect for the work. The unit pricing in the original contract shall apply to all Signature additional work. A copy of this form, once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT DIRKSEN NATURE PARK BOARDWALK FINAL DESIGN,FABRICATION,&DELIVERY (C170060) AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Western Wood Structures, Inc.,hereinafter referred to as Contractor, entered into on the 15th day of February,2017,is hereby amended as follows: 3. COMPENSATION City agrees to pay Contractor an amount not exceeding One Hundred Forteen Thousand Nine Hundred and No/100 Dollars{$109,900.00)($114,900.00)without prior written authorization. Exhibits A.1 is included for the amended work. EXHIBIT A.1 Scope of Services: 1. Provide adaptor plates to connect the upsized battered piers to the beam brackets. 2. Provide larger helical piers to withstand the torqueing forces when screwed into the ground to meet minimum embedment depth. Designed piers deformed/snapped when installed as the torque pressure required to screw them into the ground exceeded the pier strength. 3. Payment for lost materials-Design piers that could not be removed from the ground for re-use, piers and extensions bent during installation resulting from stiff soils,and tree roots. 4. Additional construction administration costs for Western Wood Structures to assist with the erection of the boardwalk. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD , WES WOO RUCTURES,INC li- Signature ,igna e • Nada L.Gage clef, /vnfry Printed Name Printed Name I(• 28.- J ?(7 / e/7 Date Date Western Wood Structures,Inc. "' PO Box 130 ,,; \ Tualatin,Oregon 97062 CHANGE ORDER 5031692-6900 800/547-5411 , Fax:503/692-6434 JOB NUMBER 174012 www.westemwoodstructures.com T` Email:wwsi@westernwoodstructures.com C.O.NUMBER 1 DATE 11/22/2017 AUTHORITY FOR CHANGE Jamie to Jeff. Peck CUSTOMER JOB NAME City of Tigard Dirksen Nature Park Boardwalk JOB LOCATION 13125 Sw Hall Blvd Ticiard, OR Ti •ard OR 97223 CHANGE(S)HAVE BEEN MADE TO OUR SALES ORDER NOTED ABOVE,AS FOLLOWS: Additional cost due to unforeseen soil conditions during Helical Pier Installation. Add: $5,000.00 see attached Amendment #1 from The City of Tigard. AMT.OF ORIGINAL CONTRACT $109,900.00 AMT.OF THIS CHANGE ORDER $5,000.00 AMT.OF PREVIOUS CHANGE ORDERS $0.00 ACKNOWLEDGMENT—PLEASE SIGN AND RETURN WHITE COPY REVISED AMT.OF CONTRACT $114,900.00 P11RCtIASF-R - Western .o a truetures,Inc. 6� TRANSMITIING`S BY'. . • _ Jamie Awi-d '� J)Z TIME • ,., �.DATE ENGINEERING CH r :. REQUIPFA• ' NONE CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORMMUSTACCOMPANYEVERY CONTRACT) _'l Contract Title: Dirksen Nature Park—Boardwalk Fabrication&Delivery Number: ���)((/U Contractor Western Wood Structures Contract Total: $109,900.00 Contract Overview Western Wood Structures to prepare.Final Shop drawings,Fabricate,and Dehver the forested wetland boardwalk to the Dirksen Nature Park for future installation. Western V ood Structures to provide technical guidance to the selected installation contractor and coordinate.with the City during installation, Initial Risk Level: ❑ Extreme ❑High ❑ Moderate ® Low Risk Reduction Steps: Boardwalk supplier is the same firm that provided schematic design for the project. Supplier has provided similar services on past city.projects successfully. Risk Comments, Risk Signature: Contract Manager:Jeff Peck Ext: 2466 Department: PW Engineering Type: ❑ Purchase:Agreement ❑ Personal Service ® General Service ❑ Public Improvement ❑ IG.A. ❑ Other: Start Date: End Date. Quotes/Bids/Proposal FIRM AMOUNT/SCORE Western Wood Structures 275,000.00 Scope and fee negotiated to install only one Boardwalk—Revised: $109,900.00 Account Stung: Fund-Division-Account Work Order—Activity Type Amount FY 17 420-8000-56005 9201605-140 $109,900.00 FY FY FY FY Approvals - LCRB Date: , 2. Department Comments: ZSI,1 if) .1 4z' Department Signature: Purchasing Comments: , )4%.*-""4"*-4. Purchasing Si t atture: �' ,, City Manager Comme . City Manager Signature: .r. �- . After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# d CITY OF TIGARD,OREGON AGREEMENT FOR PURCHASE OF DIRKSEN NATURE PARK BOARDWALK FINAL DESIGN,FABRICATION,&DELIVERY THIS AGREEMENT made and entered into this 15`'day of February,2017 by and between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called"City",and Western Wood Structures,Inc.,hereinafter called"Contractor",collectively known as the'Parties." RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services;and WHEREAS,Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to the design,supply,fabrication,delivery,and off- loading of an elevated boardwalk as detailed in Exhibit A — Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire,unless otherwise terminated or extended,on December 31,2017. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not exceeding One Hundred Nine Thousand Nine Hundred and No/100 Dollars ($109,900.00) for performance of those services described herein, which payment shall be based upon the following applicable terms: A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City,and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. 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. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation,furnishing medical,surgical,hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Appropriations for future fiscal years shall be subject to budget approval by the City Council. 4. ASSIGNMENT/DELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 5. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery,mail or fax. Payments may be made by personal delivery,mail,or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CITY OF TIGARD WESTERN WOOD STRUCTURES,INC. Atm:Jeff Peck,Project Coordinator Attn: Jamie Agidius Address: 13125 SW Hall Blvd. Address: 20675 SW 105'Avenue Tigard,Oregon 97223 Post Office Box 130 Tualatin,Oregon 97062 Phone: (503) 718-2466 Phone: (503) 692-6900 Email: jcfi..rg tiksarca or gov Email: j=; clil snawes errwo cstr��c+�irc _cnm 2 6. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 31st day of December, 201'.' shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall he no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered prorated to the date of termination. 7. ACCESS TO RECORDS City shall have access to such books,documents,papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 8. WARRANTY Contractor warrants that the goods shall remain free of defects in material and workmanship for a period of one(1)year commencing the date of City's acceptance. Such defects shall include any failure of the goods to meet Contractor's specifications or the description contained in Contractor's product literature. If within the warranty period City discovers such a defect, Contractor shall repair or replace the defective item or component free of charge. If after three attempts Contractor is unable to eliminate a defect, or if Contractor does not commence the warranty work within the time allowed in this paragraph, City shall have the right to return the defective item or component and, at City's option, either obtain a full refund of the purchase price of the goods or obtain a refund, in an amount to be agreed upon by the parties, of the portion of the purchase price of the goods that is allocable to the defective item or component. Contractor shall commence all warranty work within 48 hours of receiving notice of the warranty claim. All warranty work shall be performed at City's facilities unless otherwise agreed by the parties. If warranty work is performed at Contractor's facilities,Contractor shall pay all shipping costs,including the cost of return shipment. This warranty shall apply to all repair parts furnished by Contractor and all repairs performed by Contractor. 9. DELIVERY Contractor shall deliver and off-load the goods in accordance with this Agreement. Within seven (7) days following delivery,City shall inspect the goods and shall notify Contractor immediately of any damaged items. No language contained in a purchase order,work order,or delivery order shall vary,amend,modify,or add terms or conditions to this Agreement under which the order is placed. 10. FORCE MAJEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to,natural disaster,war,civil unrest,volcano,earthquake,fire,flood,epidemic,quarantine restriction,area-wide strike,freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten(10)days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause,diligently pursue performance of its obligation under the Agreement. 3 11. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. 12. INDEMNITY Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, costs, demands, judgments,penalties,and causes of action of any kind or character,or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees in performance of this contract, except, however, that the foregoing shall not apply to liability that arises out of the City's,its officers,employees,agents and representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this indemnification. 13. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract,Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 3,000,000 Products-Completed Operations Aggregate 2,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 2,000,000 Fire Damage (any one fire) 50,000 B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the 4 contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers'Compensation Insurance The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. 5f 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 30265. I. Primary Coverage Clarification The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard,Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract. 12. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract,the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,including witness fees (expert and non-expert),attorney's fees and court costs on appeal. 13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws,rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapters 279A, 279B, and 279C,the provisions of which are hereby made a part of this agreement. 14. CITY OF TIGARD BUSINESS LICENSE Contractor shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard Business License. The Tigard Business License is based on a calendar year with a 6I December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. 15. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract,this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 16. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 17. COMPLETE AGREEMENT This Agreement,including the exhibits,is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. No waiver,consent,modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings,agreements,or representations,oral or written,not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. Awarded by Tigard's Local Contract Review Board at their February 14,2017 business meeting. CITY OOFTIGARD WESTERN WOO STRUCTURES,INC. 43.....c.„ • By:Authorized City Representative By:Authorized C tractor Representative 2. 2-2.2-0/7 - l 1-0 Date Date 71 EXHIBIT A SCOPE OF SERVICES SPECIFICATIONS SAWN LUMBER: Douglas Fir no.1. surface as required. Completely fabricated prior to treatment per Western Wood Structures shop drawings. Sawn Lumber to include rail infill. DESIGN CRITERLA: Boardwalk #2 size: per City of Tigard RFP, Live Load: 90 PSF per AASHTO,Dead Load: actual,Pedestrian Rail: 42" high as shown on RFP,Curb: as shown on RFP,Helical Anchors:as required(helical anchor price includes the installation of the anchor. GLULAM BEAMS: West Coast Douglas Fir, combination as required, Industrial appearance. 100%waterproof glue. Completely fabricated prior to treatment per Western Wood Structures shop drawings. GLULAMS to include columns,knee braces,bent caps,purlins,pedestrian posts and top rail. HARDWARE & STEEL: All galvanized hardware and steel (UNO) required to connect the bridge superstructure together including helical anchors (installed), helical column cap, angle clips, stainless steel deck clips/screws, stainless steel wire mesh rail infill, and all miscellaneous nuts and bolts. Embedded steel not included. STEEL GRATING: Galvanized steel as noted on the RFP. HELICAL ANCHORS: HP237 Helical Anchors (galvanized), The GC will be responsible for marking and locating the anchors, We assume 15' of anchor is adequate with an additional charge of$70 per 3-foot extension, $90 per 5-foot extension,$105 per 7-foot extension,and S125 per 10-foot extension,if required. PRESSURE TREATMENT: Glulam stringers pressure treated with .4 Type C Penta per AWPA specifications. OTHER INCLUSIONS: Respond to at least (4) RFI's, Technical guidance — (4) 1-hour site visits and coordinate with city during the install up to (8) hours. SHOP DRAWINGS &CALCULATIONS: To be furnished by Western Wood Structures and stamped by a registered professional engineer state of Oregon. 8 !