Endres Northwest Inc ~ C200047 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUST A CCOMPANY EVER Y CONTRA CT)
Contract Title: Niche Wall Build and Sheetrock Repair Number: N
Contractor: Endres Northwest Inc. Contract Total: $15,000.00
Contract Overview: Build a wall,add a door,install 3 windows and sheet rock repairs and paint
Initial Risk Level: ❑ Extreme ❑ High X Moderate X❑ Low
Risk Reduction Steps: Work area will be flagged, taped or coned off to alert staff.
Risk Comments:
Risk Signature:
Contract Manager:Tustin James Ext: 2589 Department: Facilities
Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ❑ General Svc
❑ Engineering Svc ❑ Other: Start Date: 11/7/2019—End Date: 03/31/2020_
Quotes/Bids/Proposal: FIRM AMOUNT/ ORE
Endres Northwest $15,000
Account String: Fund-Division-Account Work Order—ActivityTXue Amount
FY 2019-20 600-2300-54114 $15,000
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comme9. ��
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
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CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
NICHE WALL BUILD AND SHEETROCK REPAIR
THIS CONTRACT,made and entered into this 7`'day of November,2019,by and between the City of Tigard,
a municipal corporation of the State of Oregon,hereinafter called"City"and Endres Northwest Inc.,hereinafter
called "Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS,time is of the essence in this contract and all work under this contract is to be completed"X7thin
the time period stated in the Bid Proposal;
THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement consists of the following:
A. Install new wall
B. Miscellaneous sheetrock repairs in Niche.
C. Install 3 windows in Niche.
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. 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 will be paid not less than
the prevailing, minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor, and
attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing Wage
Rate requirements,the Contractor must ensure that workers will be paid the higher of the applicable federal
or state rate. If the Contractor fails to pay for labor or services,the City may pay for those labor and services
and withhold these amounts from payment s that are due the Contractor in accordance with ORS 279C.515
Contractor is to 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. Contractor will require in every
subcontract to this Agreement that the subcontractor file a public works bond with the Construction
Contractors Board in the amount of$30,000 prior to starting work on this project unless otherwise exempt.
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For contracts $50,000 or greater,the City will pay a fee equal to one-tenth of one percent(.001) of the price
of the contract to the Bureau of Labor and Industries. The fee will be paid on or before the first progress
payment or sixty (60) days from the date work first began,whichever comes first.
3. Pre-Construction Conference
Contractor and listed subcontractors are to attend and participate in any pre-construction conferences
described or listed in the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by
the City and performance pertaining to this Agreement,in the City of Tigard,Oregon,and by this reference
made a part hereof to the same legal force and effect as if set forth herein in full. The contract documents
include the documents with the following titles that are bound in the solicitation documents and the standard
documents comprised of the Oregon Standard Specification for Construction,2015.
Request for Quote
Contract—including all attachments
5. City's Representative
For purposes hereof,the City's authorized representative will be Justin James,Project Manager,who can be
reached by telephone at (503) 718-2589 or by email at justinjgti�,ard-or.gov.
6. Contractor's Representative
For purpose hereof,the Contractors authorized representative will be Randall Endres who can be reached
by telephone at(503) 557-1700 or randyendres&endresnw.com.
7. Contractor Identification
Contractor is to furnish to the City the Contractor's employer identification number, as designated by the
Internal Revenue Service,or Contractor's social security number,as City deems applicable.
8. Compensation
A. Progress Payments: City agrees to pay Contractor Fifteen Thousand and No/100 Dollars($15,000.00)
for performance of those services provided hereunder,payment is based upon the following applicable
terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or performed
according to the terms of the Agreement. The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all materials,equipment,labor,
and incidentals necessary to complete the Work; and for risk,loss, damage, and expense arising from
the nature or prosecution of the Work or from the action of the elements, subject to the provisions of
00170.80. The Contractor will include the costs of bonds and insurance for the Project in the unit price
for each Pay Item of Work to be performed.
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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 will prepare and submit each month to the Project Manager at 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 state date,together with a request
for payment duly verified by the Contractor's Representative and copies of certified payroll statements.
Payment by the City releases 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 are
not be considered acceptance or approval of any work or waiver of any defects therein. City certifies
that sufficient funds are available and authorized for expenditure to finance costs of this contract during
the current fiscal year. Funding in future fiscal years will be contingent upon budgetary approval by the
Tigard City Council.
Contractor will include proof of payment to any and all subcontractors and suppliers with each statement
submitted to the City. The City retains 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 will withhold 25% of any
progress payment amounts owed to Contractor if Contractor has failed to file certified statements with
the City.
B. Timing of Payments:Progress payments,less a five percent retainage as authorized by ORS 701.420,
will be made to the Contractor within twenty(20) days of the City's receipt of the statement of services.
The Contractor agrees to complete the work by February 29,2020. The Contractor and City agree that
the City will suffer damages each day the work remains uncompleted after the Time of Completion and
that the amount of those damages are difficult to calculate. Contractor and City agree that a reasonable
amount of damages for late completion is$250.00 per day and Contractor agrees to pay damages in that
amount if the work is not completed by the Time of Completion.
C. Final Payment:The Contractor will notify the City in writing when the Contractor considers the project
complete,and the City 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,
will be paid to the Contractor,by the City within 30 days after the date of said final acceptance.
The City will pay to the Contractor interest at the rate of one and one-half percent per month on the
final payment due the Contractor, to commence 30 days after the work under the Contract has been
completed and accepted and to run until the date when final payment is tendered to the Contractor. If
the City does not,within 15 days after receiving written notice of completion,notify the Contractor of
work yet to be performed to fulfill contractual obligations, the interest provided by this subsection will
commence to run 30 days after the end of the 15-day period.
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As a further conditions of final acceptance, the City may require the Contractor to submit evidence,
satisfactory to the City's Representative,that all payrolls,material bills,and other indebtedness connected
with the project have been paid,except that in case of any disputed indebtedness or liens,the Contractor
may submit in lieu of evidence of payment,a surety bond satisfactory to the City guaranteeing payment
of all such disputed amounts when adjudicated in cases where such payment has not already been
guaranteed by surety bond.
9. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an independent
contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits
of any kind to which an employee of City is entitled and is 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 is 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. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265,
C. If this payment is to be charged against Federal funds, Contractor certifies that they are 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 must obtain, prior to the execution of any performance under this Agreement, a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st
expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-
rated fee though the end of the calendar year.
10. Subcontracts -Assignment&Delegation
Contractor will submit a list of Subcontractors for approval by the City, and Contractor will 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 nor anything contained herein will be deemed to create any
contractual relation between the Subcontractor and City.
This agreement,and all of the covenants and conditions hereof, shall inure to the benefit of and be binding
upon the City and the Contractor respectively and their legal representatives. Contractor will not assign any
rights nor delegate any duties incurred by this contract, or any part hereof without the written consent of
City,and any assignment or delegation in violation hereof will be void.
Any and all subcontracts issued by the contractor must contain a provision that workers will not be paid less
than the PWR Law specified minimum wage.
11. Contractor-Payment of Benefits -Hours of Work
A. The Contractor will:
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1) Make payment promptly, as due, to all persons supplying to such Contractor labor or material for
the prosecution of the work provided for in this contract;
2) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
3) Not permit any lien or claim to be filed or prosecuted against the City of Tigard,on account of any
labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's Surety must
file certified statements with the City in writing in form prescribed by the Commissioner of the Bureau
of Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor or
the Subcontractor has employed upon such public work,and further certifying that no worker employed
upon such public work has been paid less than the applicable prevailing rate of wage,which certificate
and statement is to 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 will set out accurately and completely the payroll records for the prior week,
including the same and address of each worker,the worker's correct classification,rate of pay,daily
and weekly number of hours worked, deductions made and actual wages paid.
2) Each certified statement required herein will be delivered or mailed by the Contractor or
Subcontractor to the City. A true copy of the certified statements must also be filed at the same
time with the Commissioner of the Bureau of Labor and Industries. Certified statements are to be
submitted as follows:
a) Each Contractor or Subcontractor must 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 does
not relieve the Contractor or the Contractor's Surety from obligation with respect to any unpaid claims.
A Contractor agrees that no person is to 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 will 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
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2) For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the work
week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the number of hours per
day and days per week the employee may be required to work.
F. No City employee will 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 must require every subcontractor to comply with this requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material within 30
days after receipt of payment form the City or from the Contractor to a subcontractor, the Contractor
or first-tier subcontractor will 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 as specified in ORS 279C.515(2). If the Contractor or any subcontractor
fails, neglects, or refuses to pay a person furnishing labor or material, the person may file a complaint
with the Construction Contractors Board,unless the payment is subject to a good faith dispute as defined
in ORS 279C.580.
I, H. Contractor must 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 must include in contracts with subcontractors an interest provision for such
iY payments in compliance with ORS 279C.580. Contractor will 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).
y 12. Drug Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring contractors to
demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a drug-
testing program is in place by signing of the contact. The drug testing program will apply to all employees
and will be maintained for the duration of the Contract awarded. Failure to maintain a program will constitute
a material breach of contract.
13. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness or
injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services and all
money and sums which the Contractor collected or deducted from employee wages pursuant to any law,
contract or agreement for providing or paying for such service as referenced in ORS 279C.530.
14. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed upon term by
mutual written consent of the parties and for the following reasons:
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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 will be provided by ORS 279C.660 and will be prorated to and include the day
of termination and be in full satisfaction of all claims by Contractor against City under this Agreement.
C. Termination under any provision of this paragraph will not affect any right, obligation, or liability of
Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such
later date as may be established by City,under any of the 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.
Any such termination of this agreement under paragraph(a)will be without prejudice to any obligations
or liabilities of either parry already accrued prior to such termination.
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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
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contract) by Contractor will 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 will be entitled to receive 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 will be deducted from such amount of damages, if any, sustained by City due to breach of
contract by Contractor. Damages for breach of contract will be those allowed by Oregon law,
reasonable and necessary attorney fees,and other costs of litigation at trial and upon appeal.
16. Access to Records
City will have access to such books,documents,papers and records of Contractor as are directly pertinent to
this Agreement for the purpose of making audit,examination,excerpts and transcripts.
17. Work is Property of City_
All work performed by Contractor under this Agreement willl be the property of the City.
18. Adherence to Law
A. Contractor will adhere to all applicable laws governing its relationship with its employees,including but
not limited to laws, rules, regulations, and policies concerning workers' compensation, and minimum
and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order 11246 as
amended,Executive Order 11141,Section 503 of the Vocational Rehabilitation Act of 1973 as amended
and the Age Discrimination Act of 1975,and all rules and regulations issued pursuant to the Acts.
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C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes, ordinances
and regulations dealing with the prevention of environmental pollution and the preservation of natural
resources that affect the work under this contract are by reference incorporated herein to the same force
and affect as if set forth herein in full. If the Contractor must undertake additional work due to the
enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the
submission of the successful bid, the City will issue a Change Order for the additional work that must
be undertaken. The Change Order will not invalidate the Contract and will be in addition to a reasonable
extension,if necessary,of the contract time,a reasonable adjustment in the contract price,if necessary,
to compensate the Contractor for all costs and expenses incurred,including overhead and profits,as a
result of the delay or additional work.
Pursuant to ORS 279C.525(1),the following list identifies Governmental Agencies of which the City has
knowledge that have enacted Environmental Laws which may affect the performance of the work:
FEDERAL AGENCIES
Agriculture
• Department of Forest Service
• Soil Conservation Service
Defense
• Department of Army Corps of Engineers
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Energy
• Department of Federal Energy Regulatory Commission
Environmental Protection Agency
i> Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
Interior,Department of
• Bureau of Outdoor Recreation
• Bureau of Land Management
• Bureau of Reclamation
• Geological Survey
y Labor,Department of
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
➢ Transportation,Department of
• Federal Highway Administration
Water Resources Council
STATE AGENCIES
➢ Administrative Services,Department of
Agriculture,Department of
Columbia River Gorge Commission
Consumer&Business Services,Department of Oregon Occupational Safety&Health
Division
Energy,Department of
➢ Environmental Quality,Department of
Fish and Wildlife,Department of
➢ Forestry,Department of
➢ Human Resources,Department of
Y Land Conservation and Development Commission
Parks and Recreation,Department of
➢ Soil and Water Conservation Commission
State Engineer
State Land Board
Water Resources Board
LOCAL AGENCIES
City Council
County Court
➢ County Commissioners,Board of
Y Metropolitan Services Districts
Y County Service Districts
➢ Sanitary Districts
Water Districts
Fire Protection Districts
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19. Changes
City may at any time,and without notice,issue a written Change Order requiring additional work within the
general scope of this Contract,or any amendment thereto,or directing the omission of or variation in work.
If such Change Order results in a material change in the amount or character of the work, an equitable
adjustment in the Contract price and other provisions of this Contract as may be affected may be made.
Any claim by Contractor for an adjustment under this section is to 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 will be binding upon City until
a Change Order is executed by an 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 will not constitute an authorized change pursuant to this
section. Nothing contained in this section may excuse the Contractor from proceeding with the prosecution
of the work in accordance with the Contract,as changed.
20. Force Majeure
Neither City nor Contractor 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
parry 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.
21. Nonwaiver
The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this
Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any
extent of its rights to assert or rely upon such terms or rights on any future occasion.
22. Warranties
Contractor will guarantee work 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 are the best
available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore
relieves Contractor from liability under warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's services rendered
in the performance of Contractor's obligations under this Agreement,will be provided to the City free and
clear of any and all restrictions on or conditions of use,transfer,modification,or assignment,and be free and
clear of any and all liens, claims, mortgages, security interests,liabilities, charges, and encumbrances of any
kind.
23.Attorney's Fees
In the event an action,suit of proceeding,including appeal,is brought for failure to observe any of the terms
of this Agreement, each party is responsible for that party's own attorney fees, expenses, costs and
disbursements for the action,suit,proceeding,or appeal.
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24. Governing Law
The provisions of this Agreement will be construed in accordance with the provisions of the laws of the
State of Oregon. Any action or suits involving any questions arising under this Agreement must be brought
in the appropriate court of the State of Oregon.
25. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon Circuit
Court in Washington County or the US District Court for Oregon,Portland.
26. Conflict Between Terms
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.
27. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted professional
practices and standards as well as the requirements of applicable federal, state and local laws, it being
understood that acceptance of a contractor's work by City will 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 is found to be illegal or invalid
for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder of this
indemnification.
28. Insurance
Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out of
Contractor's activities or work hereunder,including the operations of its subcontractors of any tier. Such
insurance msut 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 must provide at least
the following limits and coverages:
A. Commercial General Liability Insurance
Contractor will 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 must include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
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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 must 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 may not be less than
$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor will
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 may 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 must 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 must provide Employer's Liability
Insurance with coverage limits of not less than$1,000,000 each accident.
D. Additional Insured Provision
All required insurance policies,other than Workers'Compensation and Professional Liability,must name
the City its officers, employees, agents, and representatives as additional insureds with respect to this
Agreement.
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-VIP' 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 Contractor is self-insured for commercial general liability or automobile liability
insurance, Contractor must provide evidence of such self-insurance. 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.
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Contractor#
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a Certificate of
Insurance to the City. No contract is 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. Primary Coverage Clarification
The parties agree that Contractor's coverage is 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.
I. 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 will not be construed to limit Contractor's liability hereunder. Notwithstanding
said insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by
negligence or neglect connected with this Agreement.
29. Method and Place of Giving Notice, Submitting Bills and Malring Payments
All notices, bills and payments will be made in writing and may be given by personal delivery or by mail.
Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD ENDRES NORTHWEST INC
Attn: Justin James Attn:Randy Endres
Address: 13125 SW Hall Boulevard Address: 450 Main St
Tigard,Oregon 97223 Oregon City,Oregon 97045
Phone: (503) 718-2589 Phone: (503) 557-1700
Email: justinj&ti�a�rd-or.gov Email: randyendresQendresnw.com
In all other instances,notices,bills and payments will 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.
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Contractor#
34. 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.
31. Hazardous Waste
If,as a result of performance of this Agreement,Contractor generates any hazardous wastes,Contractor will
be responsible for disposal of any such hazardous wastes in compliance with all applicable federal and state
requirements. Contractors must provide City with documentation, including all required manifests,
demonstrating proper transportation and disposal of any such hazardous wastes. Contractor must defend,
indemnify, and hold harmless City for any disposal or storage of hazardous wastes generated pursuant to
this Contract and any releases or discharges of hazardous materials.
32. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court
of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired unless the
illegal or unenforceable provision affects a significant right or responsibility, in which case the adversely
affected party may request renegotiation of the Agreement and, if negotiations fail, may terminate the
Agreement.
33. Demolition—Salvage and Recycling
As required by ORS 279C.510,Contractor will salvage or recycle any construction and demolition debris if
feasible and cost-effective.
34. Representations and Warranties
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor,
enforceable in accordance with its terms.
C. Contractor(to the best of Contractor's knowledge,after due inquiry),for a period of no fewer than six
calendar years (or since the firm's inception if less than that) preceding the effective date of this
Agreement, faithfully has complied with:
1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters 316, 317,
and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to
Contractor's property, operations, receipts, or income, or to Contractor's performance of or
compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or
Page 114
Contractor#
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, will be
provided to the City free and clear of any and all restrictions on or conditions of use, transfer,
modification, or assignment, and be free and clear of any and all liens, claims, mortgages, security
interests,liabilities,charges,and encumbrances of any kind.
35. Compliance with Tax Laws
Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in
violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316,317,and
318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before
the Contractor executed this Agreement or during the term of this Agreement is a default for which the City
may terminate this Agreement and seek damages and other relief available under the terms of this Agreement
or applicable law.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TwARD '�� END$ES N.QRTHWESI INCORP RATED
By: Authorized City Representative By: Authorized CoMractor Representative
C) /j/P,/
Date Date
Page 115
Contractor#
ATTACHMENT A
SCOPE OF SERVICES
Contractor will perform the following:
1. Contractor will install a new wall in the old Niche training room(identified location by city) to include:
framing,insulation,sheetrock,paint,rubber base and timely frame solid core door with'/a light and best
pass thru hardware.No electrical to be installed in wall.
2. Install 3 windows in old storage room within Niche off of garage to include: cutting in siding,sheetrock
repairs,patch and finish,paint,new lights.
3. N isc. sheetrock repairs to be identified by city and contractor.
Page 116
Budget I Estimate
Date Estimate#
Oregon City, OR 97045
10/1712019 S19-069
Phone# 503 557 1700 Fax# 503 557 1819
Submitted to Project Location
CITY OF TIGARD CITY OF TIGARD-IT BUILDING
13125 SW HALL BLVD. 8720 SW BURNHAM STREET
TIGARD, OR 97223 TIGARD,OR 97223
Description Total
City of Tigard IT Building Remodel per Justin James
Build a 14'long insulated wall with(1)door. Work includes: 5 000 00
•Framing&Drywall
Insulation
Taping&Texture
•Painting
Rubber base
Patch(2)Spots in Halfway Sheet Rock
(1)Door Installed
Conference Room Remodel
•(3)Windows 10,000 00
•(1)New Door
•Drywall Repair
•(4)New Lights
Rubber Base
Excludes Plans,Permits,Electrical, Low Voltage,and All Other Items and Services Not Listed Above
Respectfully submitted by:Randell C. Endres
Oregon License 162776 Total $15,000.00
Randy Wheeeler, LLC CCB#1654$4
IT BLDG work
10.3.19
Category Budget
1 Supervision,Cleanup& Misc. 2,000
2 Frame walls 2,000
3 Sheet rock repair 5,000
4 Paint and install base 3,000
5Windows 2,500
6
7
Subtotal 14,500
Contingency
Insurance @ 2% 290
14,790
Fee 2,219
Total Budget S 17,009
Alternate
I Add
Qualifications&Assumptions:
1 Scope restricted to framing walls,sheetrock,paint,door/window install
2 Assumes area cleared out to work
3 Additional repair work may be needed at additional cost once verfied
A Assumes restrooms provided by CoT
5 Assumes normal working hours
6 Assumes access will be provided by the city
7 clean only at area of construction only.
S Areas of work to be cleared for reasonable access
9 No bonds or builders risk insurance
10 Assumes permitted work
I1 Exclude all permits and related jurisdictional fees or special inspections.
12 Exclude all architectural and engineering Fees
it
Justin James
From: Travis Jacobs <jacobsconstructionandpainting@yahoo.com>
Sent: Monday, November 4, 2019 7:36 AM
To: Justin James
Subject: Re:IT office work
Caution!This message was sent from outside your organization. Allow sender I Block sender
I am too busy at this time for this project thanks for the opportunity
Sent from Yahoo Mail on Android
On Wed,Oct 30,2019 at 10:44 AM,Justin James
<justinj@tigard-or.gov>wrote:
Hi Travis,
I need to see if you can build some walls, add 2 doors, install and repair the sheet rock in these
areas, add 3 windows and lights.
Is this something you can do?
Thanks
Justin A. James
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DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail
may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law E-mails are retainer;
by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule
t