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HomeMy WebLinkAboutExpress Excavation LLC - Flanagan Park Parking Improvements IM-- 4101116. CENTRAL POINT CITY OF CENTRAL POINT PUBLIC IMPROVEMENT CONTRACT PROJECT: Flanagan Park Parking Improvements THIS CONTRACT, made and entered into this 25 day of February , 2020 , by and between the City of Central Point, a municipal corporation of the State of Oregon, hereinafter called "City" and Express Excavation LLC, hereinafter called "Contractor", duly authorized to perform such services in Oregon. Contractor Information Address: PO Box 57, Prospect, OR 97536 Phone: 541-821-3567 Fax: 541-560-3221 Contact: John Maletic Email: CCB No.: 126960 Fed ID #93-1242073 Recital City of Central Point selected Contractor to perform work for the City by a competitive bid process. Contractor submitted the lowest qualified bid for the Project. WHEREAS, City requires construction and related 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; TERMS & CONDITIONS OF CONTRACT Term—Duration of Contract This Contract shall be effective when signed by both parties and Contractor has submitted the required certificates of insurance and performance and payment bonds. It shall remain in effect until the work on the Project has been completed, the improvement accepted by the City, and the warranty period has expired. The expiration of the term does not affect any right that arose prior to expiration, and terms that by their nature survive expiration shall remain in effect after expiration. • Work shall commence as stated in the notice to proceed from City to Contractor • Work shall be substantially complete by June 8. 2020. Page I 1 Scope of Work Contractor shall construct Flanagan Park Parking Improvements (the "Project"). The Project is described in more detail in the attached Contractor's Proposal "Exhibit A" and as detailed in the City's Special Provisions, Standard Specifications and Drawings for this Project. Contractor hereby agrees to furnish all of the materials, labor, water, tools, equipment, light, power, transportation, and other work needed to construct the Project, unless otherwise stated. Collectively all documents herein, plans, referenced laws, statutes, codes, procedures, material specifications, and schedules are applicable to the scope of Work. Payment City shall pay Contractor according to the schedules and unit prices as quoted by Contractor "Exhibit A". The maximum total payment under this Contract without approved written change orders is $39.900.00. Application for Payment Contractor shall invoice the City monthly for work performed, based on an estimate of the amount of work completed and the value of the completed work. Contractor will direct the application for payment or invoice to the City of Central Point, Attention: Matt Samitore, Public Works Director, 140 South Third Street, Central Point OR 97502. City shall make progress payment equal to the value of the completed work, less amounts previously paid, less retainage of five percent, less any deduction for claims and damages paid by the City of Central Point due to acts or omissions of the Contractor and for which he/she is liable under this Contract within 15 days of receipt of the invoice and the prevailing wage certificates certifying that he/she has paid not less than the prevailing rate of wages as required by ORS 279C.840. The form/application for payment shall be acceptable to the City of Central Point. Application Free of Encumbrances Contractor warrants and guarantees that all work, materials and equipment covered by any application for payment, will pass to City of Central Point at the time of payment free and clear of liens, claims, security interests and encumbrances. City Review &Approval of Application for Payment The City will, after receipt of each application for payment, either indicate in writing his/her approval of payment and present the application to the City of Central Point, or return the application to Contractor indicating in writing his/her reasons for refusing to approve payment. In the latter case, Contractor may make the necessary corrections and resubmit for application. Payment on Estimated Quantities Nothing contained in this contract shall be construed to affect the right, hereby reserved, to reject the whole or any part of the aforesaid work should such work be later found not to comply with any of the provisions of this Contract document. All estimated quantities of work for which progress payments have been made are subject to review and correction on the final estimate. Acceptance by the Contractor of progress payments based on periodic estimates of quantities of work shall not, in any way, constitute acceptance of the estimated quantities used as the basis for computing the amounts of the progress payments. Final Payment Final payment shall be made in accordance with Section 00195.90 Payment of the Standard Specifications. Page 12 Adherence to Law 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. When multiple standards apply, Contractor shall comply with the more stringent standard. Specifically but not by way of limitation, this contract is subject to all applicable provisions of ORS 279C.505, 279C.510, 279C.515, 279C.520, 279C.525, 279C.530, 279C.540, 279C.570, 279C.580, and 279C.800-279C.870. To the extent applicable, Contractor represents that it will comply with Executive Order 11246 as amended, Executive Order 11141, Title VI of the Civil Rights Act of 1964, Section 503 of the Vocational Rehabilitation Act of 1973 as amended, the Age Discrimination Act of 1975, and all rules and regulations issued pursuant to the Acts. Contractor also shall comply with the Americans with Disabilities Act of 1990 (Pub L No. 101-336), ORS 659.425, and all regulations and administrative rules established pursuant to those laws. Contractor agrees to comply with ADA in its employment practices, and that it shall perform its contractual obligations consistently with ADA requirements and regulations, state law, and applicable regulations. Environmental Contractor shall comply with federal, state and local agencies ordinances, rules and regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the Contract. The City reserves the right if environmental requirements (either new or existing ordinances) must be met after the award of the Contract, City, in accordance with ORS 279C.525, may(a)Terminate the Contract; (b) Complete the work itself; (c) Use non-City forces already under contract with the City; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new Contractor; and (f) Issue the awarded Contractor a change order setting forth the additional work that must be undertaken. In addition, (a) City must make known environmental conditions at the construction site that may require Contractor to comply with environmental ordinances in their bid documents; (b) If not known at the time of award, Contractor shall immediately give notice of the discovered environmental condition to the City; (c) If an environmental emergency exists, City& Contractor shall follow the rules (4), (5), (6), (7) & (8) under ORS 279C.525. If the City chooses to terminate the contract under this subsection, Contractor, if no negligence or omission on his/her part, shall be entitled to all costs and expenses incurred to the date of termination, including overhead and reasonable profits, on the percentage of work completed. If City causes work to be done by another entity, Contractor may not be held liable for actions or omissions of the other entity. Oreaon State Public Contract Provisions Contractor Shall: • Make payment promptly, as due to all persons supplying to the contractor labor or material for the performance of the work provided for the Contract. • Pay all contributions or amounts due the Industrial Accident Fund from the Contractor or Subcontractor incurred in the Contract. • Not permit any lien or claim to be filed or prosecuted against the City. • Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. • Demonstrate that an employee drug testing program is in place. City has the right to audit and/or monitor the program. On request by the City, Contractor shall furnish a copy of the employee drug-testing program. • Salvage or recycle construction and demolition debris, if feasible and cost-effective. Page 13 Prompt Payment/Contractor Refusal to Make Payment: • If 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 the public improvement contract as the claim becomes due, the City may pay the claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the Contractor by reason of the contract. • If Contractor or first-tier Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with this contract within 30 days after receipt of payment from the City (or in a case of Subcontractor, from Contractor), Contractor or first-tier Subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C580. The rate of interest charged to the Contractor or fist-tier Subcontractor on the amount due shall equal three times the discount rate on 90- day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the Contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. • If Contractor or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or material in connection with, the person may file a complaint with the Construction Contractor Board (CCB), unless payment is subject to a good faith dispute as defined in ORS 279C.580. • The payment of a claim in the manner authorized in this section does not relieve the Contractor or the Contractor's surety from obligation with respect to any unpaid claims. Hours of Labor— Posting Hours of Labor: • For work under this contract, a person may not be employed for more than 10 hours in any one day, or 40 hours of work in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in those cases, the employee shall be paid at least time and a half pay: a. 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; and b. For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week if four(4) consecutive days, Monday through Friday; and c. 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 d. For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. • Contractor is not required to pay overtime if the request for overtime pay is not filed within 30 days of completion of the Contract if Contractor has posted and maintained in place a circular with the information contained in ORS 279C.545 as required by ORS 279C.545(1). • Contractors and Subcontractors must give notice in writing to employees who perform work under this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. Page 14 Medical Coverage to Employees: • Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that the Contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. Worker's Compensation: • All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless exempt under ORS 656.126. Contractor shall insure that each of its Subcontractors comply with these requirements. Obligation to Pay Subcontractor& Suppliers within 10 Days: • Contractor shall include in each first-tier subcontract, including contracts with material suppliers, a clause that obligates Contractor to pay the first-tier Subcontractor for satisfactory performance under its subcontract within 10 days out of the amounts paid to Contractor by City under this contract, and if payment is not made within 30 days after receipt of payment from City, to pay an interest penalty as specified in ORS 279C.515(2) to the first-tier Subcontractor. The interest penalty does not apply if the only reason the delay in payment is due to a delay in payment by City to Contractor. Contractor shall include in each of Contractor's subcontracts, a provision requiring the first-tier Subcontractor to include a similar payment and interest penalty clause and shall require Subcontractors to include similar clauses with each lower-tier Subcontractor or supplier. Certifications: • By signing the Contract, Contractor will certify that all Subcontractors performing construction work will be registered by the Construction Contractors Board (CCB) or licensed by the State Landscape Contractors Board before the Subcontractor starts work on the Project. • By signing the Contract, Contractor will certify that it will comply with Oregon tax laws. In addition: Contractor will be solely responsible for payment of any federal or state taxes required as a result of this Contract/Agreement. Indemnity— Hold Harmless Contractor shall defend, indemnify, and hold the City, its officers, agents and employees, harmless against all liability, loss, or expenses, including attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death)to persons or property caused by or resulting from any act or omission sustained in connection with the performance of the Contract/Agreement or by conditions created thereby, or based upon violation of any statute, ordinance or regulation. In addition, Section 00170.72 Indemnity/Hold Harmless of the Standard Specifications is applicable to this Contract. Insurance: Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of 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 the City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. Page 15 General Liability • Contractor shall purchase and maintain commercial general liability insurance with minimum coverage of$1 million per occurrence and $2 million aggregate. The policy shall name the City as an additional insured and cover acts and omissions of Contractor and its Subcontractors of any level. Contractor shall be liable for the full amount of any claims resulting from negligence or intentional misconduct of Contractor, its subcontractors, and their officials, agents and employees in the performance of this Contract, even if not covered by or in excess of insurance. In addition, Section 00170.70 Insurance of the Standard Specifications is applicable to this Contract. Workers Compensation • Workers compensation insurance as required by ORS Chapter 656. Contractor shall ensure that each subcontractor obtains workers compensation insurance. The Contractor shall ensure that its insurance carrier files a guaranty contract with the Oregon Workers' Compensation Division before performing Work. In addition, Section "Oregon State Public Contract Provisions" —subsection "Workers' Compensation" and section "Independent Contractor— Non-Partnership" of this Contract is applicable. Automobile Insurance • If required, the combined single limit per occurrence shall be in an amount at least equal to the State/DMV requirements. In addition, Section 00170.70 Insurance of the Standard Specifications is applicable to this Contract. Insurance Carrier Rating • Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by City. City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. Cross-Liability Clause • A cross-liability clause or separation of insureds clause will be included in general liability policy. 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 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 the Public Works Director. Such policies or certificates must be delivered prior to commencement of the work. Thirty (30) days cancellation notice shall be provided City by certified mail to the Public Works Director in the 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. Page I6 Bonds Payment and Performance Bonds • Contractor shall provide a certified check, in lieu of the payment and performance bond, in the amount of$1,000 to guarantee their performance on the contract. When the contract has been satisfactorily completed the certified check will be returned. Public Works Bond • Project <$100,000, does not apply. Conflict of Interest Contractor shall not give or offer any gift, loan, or other thing of value to any City official or employee. The Contractor shall not rent, lease, or purchase materials, supplies, or equipment, with or through any City official or employee. Impact on Traffic and Property Contractor shall adopt reasonable means and comply with all laws, ordinances, and regulation in order to minimize interference to traffic and damage to both public and private property; And in accordance to the Standard Specifications, shall provide a traffic plan, maintain two-way traffic unless approved otherwise by the City of Central Point, and make every effort to maintain public safety and convenience. Contractor shall provide adequate noise control and shall control all obstructions to traffic in accordance with the manual on uniform traffic control devices if applicable. Prevailina Waae Basic Requirement • Project< $50,000, does not apply Posting of Prevailing Wage Rates • Project< $50,000, does not apply Certifications of Wage Rates to City of Central Point • Project< $50,000, does not apply Page 17 Access to Wage Rate Records—Worker Interview Verification • Project< $50,000, does not apply All BOLI Requirements Applicable • Contractor must comply with all laws and regulations relating to prevailing wages, whether or not set out in this Contract. Further information regarding prevailing wages, including requirements applicable to Contractor, is available at: htto://www.oreaon.aov/BOLI/WHD/PWR/index.shtml. And available by contacting the Bureau of Labor& Industries at 971-673-0839 Warranties All work shall be guaranteed for a period of one (1) year against defects in materials and workmanship. Contractor unconditionally warrants all work and materials for this Project, including additional work authorized under change orders, against any defects whatsoever, for one (1) year from the date of acceptance by the City of Central Point, except that manufacturers' warranties and extended manufacturer warranties as specified in the contract documents or otherwise is a standard manufacturer product warranty shall not be abridged. In addition to its right to proceed on the warranty, the City may recover for breach of contract or negligence even if defects do not become evident during the warranty period. The Contractor also agrees to hold the City of Central Point harmless from claims of any kind arising from damage due to said defects. In addition Sections 00150 and 00170 of the Standard Specifications is applicable to this Contract. Liquidated Damaaes Contractor agrees to pay liquidated damages in accordance to Section 00180.85(b)(1) Failure to Complete on Time; Liquidated Damages, of the Standard Specifications. The City of Central Point is authorized to deduct the amount of the liquidated damages from any amounts due and the Contractor and its Surety shall be liable for any excess. If the Contract is terminated for default (see following "Termination") and if the Work has not been completed by other means on or before the expiration of Contract time or adjusted Contract time, liquidated damages will be assessed against the Contractor for the duration of time reasonably required to complete the work. Liquidated Damages will begin if work is not substantially completed by June 8. 2020. Contractor agrees that the liquidated damages specified herein are a fair way of ascertaining damages to the City and are not a penalty for late completion. Page 18 Termination of Contract and Substituted Performance Termination for Default—Termination of the Contract for default may result if the Contractor: • Violates any material provision of the Contract; • Disregards applicable laws and regulations or the City's instructions; • Refuses or fails to supply enough materials, equipment or skilled workers for the prosecution of the Work in compliance to the Contract; • Fails to make prompt payment to Subcontractors; • Makes an unauthorized general assignment for the benefit of the Contractor's creditors; • Has a receiver appointed because of the Contractor's insolvency; • Fails to maintain reasonable relations with the public. Verbal abuse, threats, or other inappropriate behavior towards members of the public constitutes grounds for termination; • Is adjudged bankrupt and the court consents to the Contract termination; or • Otherwise fails or refuses to faithfully perform the Contract according to its terms and conditions. If the Contract is terminated by the City, upon demand the Contractor and Contractor's Surety shall provide the City with immediate and peaceful possession of the Project Site, and of all materials and equipment to be incorporated into the Work, whether located on and off the Project Site, for which the Contractor received progress payments. If the Contract is terminated for default, neither the Contractor nor its Surety shall be: • Relieved of liability for damages or losses suffered by the City because of the Contractor's breach of Contract; or • Entitled to receive any further progress payments until the Work is completed. However, progress payments for completed Work that remain due and owing at the time of Contract termination may be made according to the City's payment terms, except that the City will be entitled to withhold sufficient funds to cover costs incurred by the City as a result of the termination. Final payment to the Contractor will be made according to the City's payment terms. If a termination under this provision is determined by a court of competent jurisdiction to be unjustified, the termination shall be deemed a termination of public convenience. Termination for Public Convenience • The City may terminate the Contract in whole or in part whenever the City determines that termination of the Contract is in the best interest of the public. • Notice: The City will provide the Contractor and the Contractor's Surety seven (7) calendar days' written notice of termination for public convenience. After such notice, the Contractor and the Contractor's Surety shall provide the City with immediate and peaceful possession of the Project Site, and of materials and equipment to be incorporated into the Work, whether located on and off the Project Site, for which the Contractor received progress payments. • Compensation: Compensation for Work terminated by the City under this provision will be determined by the amount of Work completed/installed and materials and equipment furnished and the status of payment (paid/un-paid)for such Work, materials and equipment; less any outstanding labor or material claims against the Contractor. Page 19 Substituted Performance According to the City's procedures, and upon the Engineer's recommendation that sufficient cause exists, the City, without prejudice to any of its other rights or remedies and after giving the Contractor and the Contractor's Surety ten (10) calendar days' written notice may: • Terminate the Contract; • Substitute the Contractor with another Entity to complete the Contract; • Take possession of the Project Site; • Take possession of materials on the Project Site; • Take possession of materials not on the Project Site, for which the Contractor received progress payments; • Take possession of equipment on the Project Site that is to be incorporated into the Work; • Take possession of equipment not on the Project Site that is to be incorporated into the Work, and for which the Contractor received progress payments; and • Finish the Work by whatever method the City deems expedient. If within the ten (10) calendar days' notice period provided above, the Contractor and/or its Surety corrects the basis for declaration of default to the satisfaction of the City, or if the Contractor's Surety submits a proposal for correction that is acceptable to the City, the Contract will not be terminated. Assianment Contractor shall not assign or transfer its interests in this contract without written consent of City, which consent may be withheld in the City's sole, subjective discretion; nor shall the Contractor assign any monies due or to become due to him/her hereunder without the previous written consent of the City of Central Point. Independent Contractor— Non-Partnership The Contractor shall perform all work under this Project as an Independent Contractor or Independent Agent and shall not be considered as an agent of the City of Central Point, nor shall the Contractor's Subcontractors or employees be sub-agents of the City of Central Point. In addition: • The Work to be rendered under this Project is that of Independent Contractor. Contractor is not an officer, employee, or agent of the City under ORS 30.265 or ORS 30.287, and Contractor is not to be considered an officer, employee or agent of the City for any purpose. Contractor shall be solely and entirely responsible for its act and for the acts of its subcontractors, agents or employees during the performance of this Project. Contractor is an Independent Contractor for the Oregon Workers' Compensation Law (ORS Chapter 656) and is solely liable for workers' compensation coverage under any Contract/Agreement applicable to the Project. • No Agency, Partnership or Joint Venture—Neither the City or Contractor by virtue of any Agreement applicable to this Project, is a partner or joint venture with the other party in connection with the activities carried out under this Project. • Any Contract/Agreement applicable to this Project is not intended to entitle the Contractor nor any of its Subcontractors to any benefits generally granted to City Employees. Contractor shall be responsible for all federal or state taxes applicable to compensation or payment paid to Contractor under any Contract/Agreement applicable to this Project. Page 110 Force Maieure Contractor shall not be held responsible for delay or default caused by fire, riot, act of God and war which is beyond Contractor's reasonable control. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under the Contract. Severability In the event any of the provisions or portion of the Contract/Agreement are held to be unenforceable or invalid by any court of competent jurisdiction for any reason, such invalid or unenforceable provision shall in no way effect the validity or enforceability of the remaining provisions or portions. Waivers No term or condition of this Contract/Agreement shall be deemed to have been waived by any Party, unless such waiver is in writing signed by the Party charged with such waiver. Any waiver of any provision of the Contract, or any right or remedy, given on any one or more occasions shall not be deemed a waiver with respect to any other occasion. The failure of either Party to enforce any provision of the project documents shall not constitute a waiver by the City of that or any other provision. Mercier No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties. A waiver, consent, modification or change, if made shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Contract. Contractor by signature of its authorized representative hereby acknowledge that Contractor understands the Contract and agrees to be bound by its terms and conditions. Limitation of Authority City retains its authority to execute all applications, contracts and other documents relating to the Project. Contractor has no right or authority, express or implied, to commit or otherwise obligate City or any of its partners, except as permitted by the express terms of this Contract, or as authorized in writing. Attorney Fees and Governina Law In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Contract, each party shall be responsible for that party's own attorney fees, expenses, costs and disbursements for the action, suit, proceeding or appeal. 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. Remedies The remedies provided for in the Contract are cumulative, and in addition to other remedies available at law. Contractor agrees that, due to the health, safety and welfare issues that relate to timely and acceptable completion of the Project to be constructed under this Contract, the City may not have an adequate remedy at law in the event of a breach of this Contract by Contractor, and that the City may obtain injunctive relief at the sole elections of the City. Page 111 Counterparts The Contract may be signed in one or more counterparts (including change orders), each of which shall be an original and all of which, when taken together, shall constitute one and the same instrument. Gender: Singular- Plural Whenever masculine, feminine, neuter, singular, plural, conjunctive, or disjunctive terms are used in the Contract, they shall be construed to read in whatever form is appropriate to make the Contract applicable to all the Parties and all circumstances, except where the context of the Contract clearly dictates otherwise. Interchangeable Terms in Contract and Related Documents Contract and Agreement are interchangeable; City and Owner are interchangeable; and Engineer, are interchangeable —this can be further construed to include Project Manager and Public Works Director and or the designee of the Public Works Director(collectively, an authorized official of the City of Central Point). In each instance in the Standard Specifications where the word ODOT, State, Division, Commission, Agency Transportation Commission, Construction Contracts Unit or Contractor Plans Office appears in the Special Provisions and or Standard Specifications substitute the words City of Central Point or City. Notices All notices of a legal nature shall be in writing and shall be served upon the other party by personal service, by facsimile transmission, E-Mail followed by mail delivery of the original of such notice, by overnight courier with proof of receipt, or by certified mail, return receipt requested, postage prepaid, addressed as follows: City of Central Point, 140 South Third Street, Central Point OR 97502, Attn: City Manager, Phone: 541-664-3321. Service by mail shall be deemed complete on the date of actual delivery or three (3) business days after being sent via certified mail. Service by facsimile transmission or E-Mail shall be deemed served up receipt of the facsimile or E-Mail, followed by mail delivery. Page 112 40‘11i, CENTRAL POINT Complete Aareement 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, the City has caused this Agreement to be executed by its duly authorized undersigned officer and the Contractor has executed this Agreement on the date herein above first written. CONTRACTOR: Express Excavation I; ,C BY: John Malefic 4111111111111111;11111r; TITLE: Owner DATE: 02/25/2020 CITY OF CENTRAL POINT, OREGON BY: / apc6 uteri - 1 TITLE: CITY MANAGER DATE: o.)jo).6ldl tk)6 DEPARTMENTAL AUTHORIZATION-CITY OF CENTRAL POINT -PUBLIC WORKS BY: TITLE: PUBLIC WORKS DIRECTOR DATE: I--Z C( Page 113