Loading...
Bretthauer Oil - 9-10004 SEP-16-2010 11:05 FROM:BRETTN''IPR ROAD OIL. rn'503684864O P.2 air zor,ectAX 41;rpt 00.1cl 40 LAJI_rW rw V"01 a July 16,2010 City of Tigard Bretrbauer Road O A.ttn:.'I-zd Breiding P.p, Bvx 898 XiNboxo, OR 97123-1674 Up.. City of Tim Cxack Sealing Pctiodi July 1,2010—June 30,2011 ., At Dear Six. Breiehv) : The Girt'OF7'Ptd has deten�cd that your cvznpuny has performed in accordance with the xeg"i=mWts of rnar Agteemcnt. Thetefoze, the City. puxsu=t to the ent le�ctensiati clause W=61 ed in the terms and conditions of the Agtecnxent, deaitea to oxGtase its scctrzztl.(2trd}one-yeareaten siren to the Contact e£f,�ctivc from July,1,2010 through June 30, 2011. This=ewal pcei Od shO be governed by the Veci&ztions,pricing, and the terms arztl conditions set forth tlxa above rcfererzccd ant act. Please (acknowledge acccptr,ncc of thi$ cenewA by sigtdpg this dnenment in the spacc 'prc vIdOd belaw mid retu>rWng it to me within ten (10) days. You may lr,e+ep a copy for your mcord s, The City Woo s forward to doing business with B=thauex Road Oil in the next year, Sincerely, (/fr/. >1; ( G. T✓ "A tJ/�_ Greet Gaston Marlagment Analyst 503-718-2595 1lWc ix eby mAnowledgt acccptancc of this Cotitmct xcnewai, and agtee tri be bound by all Mquironents, terms,and conditions as set fotch in the above 4crenced Cc�nrrar t Company: }date; iv} ........... _ Pz ntecit/ n X 3 25 S td I Tail, ivd. TigArd,()mpn 9722 + 303-639-4171 Rely.503.684.2772 ■ trww.Cxpd.or.cov ea . a July 21, 2009 City of Tigard Bretthauer Road Oil Attn: Ed Breiding P.O. Box 898 Hillsboro, OR 97123-1674 REF.: City of Tigard Crack Sealing Period:July 1, 2009—June 30, 2010 CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr. Breiding: The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its first (1st) one-year extension to the Contract effective from July 1, 2009 through June 30, 2010. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with Bretthauer Road Oil in the next year. Sincerely, 4-S V Greer Gastar� Management Analyst 503-718-2595 greet@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. Company re.14 h t-e-C ���� C31.1 Signed— Date: / l Printed: 13125 SW Hall Blvd. ® Tigard, Oregon 97223 e 503.639.4171 TTY Relay: 503.684.2772 ® www.tigard-or.gov CITY OF TIGARD, OREGON AGREEMENT FOR SERVICES RELATED TO CRACK SEALING THIS AGREEMENT made and entered into this I 1 th of June, 2008 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Bretthauer Road Oil, hereinafter called Contractor. 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: L SERVICES TO BE PROVIDED Contractor agrees to provide services related to Crack Sealing as detailed in the Invitation to Bid, Exhibit A-- Scope of Services, Exhibit B — Contractor's Proposal, 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 June 30, 2009. The City shall also retain the rights to four (4) one-year extensions to the Contract. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not exceeding Forty Nine Thousand Six Hundred and 00/100 dollars ($49,600) annually 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 General Services Agreement-09-11-03 Rev.-09/17/03 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. 5. 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. 6. 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: Contract Manager for City Contract Manager for Contractor City of Tigard Company:Bretthauer Road Oil Attn:Vance Walker Attn: 13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 2950 SE Brookwood Ave./PO Box 898 Hillsboro,OR 97123-0898 Phone: (503)639-4171 ext.2606 Phone: 503-648-1674 Fax: 503-684-8840 Fax: Email Address: vane@tigard-or.gov Email Address: 7. TERNIINATION The parties agree that any decision by either party to terminate this Agreement before 30th of June, 2009 shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be 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. 8. 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. 9. 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, General Services Agreement-09-11-03 Rev.-09/17/03 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. 10. 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 659.425, and all regulations and achninistrative rules established pursuant to those laws. 11. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands,judgements, 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 under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder. 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 (1996 ISO 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 1,000,000 Products-Completed Operations Aggregate 1,000,000 Personal &Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 B. Business Automobile Liability Insurance If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor shall provide City a certificate indicating that Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an General Services Agreement-09-11-03 Rev.-09/37/03 additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Contractor and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. 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 such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. D. Insurance Carrier Rating All coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. E. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The 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. 20. 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. 21. 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 Chapter 27913, the provisions of which are hereby made a part of this agreement. 22. 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. 23. 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 General Services Agreement-09-11-03 Rev.-09/17/03 affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 24. INDUSTRIAL ACCIDENT FUND PAYMENT Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 25. 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 Exhibit, 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 modification of this Agreement shall be effective unless and until it is made in writing and signed by both 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 Contractor 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. CITY OF TIGARD {� Apnpro ed T' ard's Local Contract Review Board on: U1101 0/0 By: A orized City staff person letting contract Date CONTRACTOR -R / By: Company Name 5-rEyg^1 '8R6-rTyau*eA, 14",,®gAaT' Print Name&Title of Auth 'zed Representative Sign Name Date General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT A SCOPE OF SERVICES Contractor shall comply with specifications as listed. For purposes of the Invitation to Bid, a brand name is used only to describe the quality and other characteristics of a product requested. Contractors with products they feel are equal may submit those products for review by staff. The City reserves the right to determine if an"or equal"product meets the City requirements. 1. QUANTITIES The City does not bind itself to purchase the full quantities stipulated in the bid as estimates. The quantities shown as estimates are not exact. They represent past purchasing activity and estimates of future usage and are given for comparing bids on a uniform basis. Payment shall be made only for quantities ordered, delivered and accepted, whether greater or less than the stated amounts. Quantities listed are based on a one year estimate. 2. TECHNICAL AND DESCRIPTIVE LITERATURE Contractor shall include complete manufacturer's technical and descriptive literature regarding the material they propose to provide. Literature shall be sufficient in detail in order to allow full and fair evaluation of the offer submitted. Failure to include this information may result in the bid being rejected. 3. GUARANTEE PERIOD The contractor agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this contract for a period of one (1) year after the date of acceptance of the work by the City and further agrees to indemnify and save the City harmless from any cost encountered in remedying such defects. 4. CONTRACTING LICENSE The contractor submitting a bid for this project must be registered with the Oregon Construction Contractors Board. Each submittal must contain the license nuinber of the contractor. 5. PERMITS/LICENSES The Contractor shall obtain all permits and licenses,and pay any fees connected therewith, having to do with this street maintenance operation. The contractor shall confine his operations to within the street right of way limits.Any damage to private property, either inside or outside of the aforementioned limits, shall be the responsibility of the Contractor. G. CONTRACTORS NOTIFICATION RESPONSIBILITY PRIOR TO WORK It is the contractor's responsibility to notify the Contract Administrator twenty-four (24) hours prior to beginning work on any portion of this project. It is also understood that it is the contractor's responsibility to notify residents,by placing a door hanger at each address, of the street under maintenance at least twenty-four (24) hours prior to beginning work. All notifications will be copied to the City. 7. LIMIT ON WORKING HOURS AND TIME OF YEAR Working hours shall be limited as follows unless specifically authorized by the Contract Administrator. Monday—Friday 7:00 AM to 5:00 PM Saturday 9:00 AM to 5:00 PM Sunday No work permitted The City shall give the contractor designated time schedules for completion of work each year of the contract. Work shall be completed only during dry summer days when the pavement temperature shall meet the requirements listed in item 12—"Construction Methods".The general time of completion for each year's project shall be sixty (60) calendar days from notice to proceed. 8. MATERIAL The sealant shall be CRAFCO POLYFLEX Type 2 (34518) or equal,a hot poured type sealant intended for use in sealing cracks in asphalt concrete pavement that meets all the requirements of ASTM D347.The contractor is responsible for supplying to the City the manufacturer's specification application recommendations and the material safety data sheet for approval. Proper sealing equipment must be used for the specific material listed it accordance with the manufacturer's recommendations.The equipment for sealing compounds shall be a melting kettle of the double boiler,indirect heating type,using oil as a heat-transfer medium. The kettle shall be an effective mechanically operated agitator and shall be equipped with a positive thermostatic temperature control. Follow manufacturer's recommendations for application.The sealant materials shall be mixed and heated to a minimum temperature of 380 degrees Fahrenheit. Material shall not be heated above 400 degrees Fahrenheit (204 degrees Celsius). 9. TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC It is the Contractor's responsibility to meet the provisions for temporary protection and direction of traffic control per Oregon's Manual on Uniform.Traffic Control Device (MUTCD). The contractor is required to submit a traffic control plan to the Contract Administrator and to notify City Emergency Services. All traffic control personnel must have a current flagging certificate. 10. CRACK SEALING The contractor shall furnish all labor, equipment and materials necessary for the application of the specified sealant for sealing cracks from visible to one (1) inch in width and as directed by the City on designated streets. Curb cracks are included. City will direct sealing of all alligator areas. Cleaning of the streets and cracks shall be considered incidental to the crack sealing bid item. Payment for crack sealing shall be on a lineal foot basis regardless of the width of cracks sealed. 11. DRY AIR LANCE CRACK CLEANING The contractor shall use a compressed dry air lance capable of providing a high velocity air stream meeting the following minimum specifications: One thousand (1000) ft/sec exit velocity,40 to 100 CFM compressed air capacity at 75 to 150 PSI. The contractor may request the use of a hot air lance for the removal of vegetation because burning of asphalt concrete pavement must be prevented. 12. CONSTRUCTION METHODS General Services Agreement-09-11-03 Rev.-09/17/03 Equipment used to mix and apply the sealant shall be of sufficient design and capacity to properly heat and maintain enough sealant material for four(4) hours of application and use of said equipment shall comply with the sealant manufacturer's recommendation.The sealant material shall be handled,prepared,heated and applied consistent with the manufacturer's specifications. The face of the crack shall be surface dry,and the ambient and pavement temperature shall both be at least 45 degrees Fahrenheit(7 degrees Celsius) and rising at the time of application of the sealant. The sealant material shall be applied immediately after the crack has been cleaned and be applied slowly and smoothly from the bottom of the crack upward in a manner that will not result in air entrapment or pocketing.The sealant material shall be brought flush with the street surface and a "U"shaped squeegee will be used to remove any excess,and to create an overlap of the adjacent surfaces.The overlap shall not be less than one-half inch (1/2'D but not greater than two and one- half inches (2-1/2'). If settlement beyond one-eighth inch (1/8")of the sealant accures,the contractor shall apply additional layer(s) of sealant necessary to bring the material flush with the surface. If at any time during the warranty period the sealant shows settlement of one-quarter inch (1/4") or more, the contractor shall,at his expense,apply additional layer(s) of sealant. The sealed cracks shall be completely sprayed with Glenzoil.No traffic or construction equipment shall be permitted on the newly sealed cracks for at least 1/a hour after placement of the sealant and refilling has been completed. If traffic causes lifting or transfer of the material, the contractor shall innnediately repair the damaged area. 13. PAYMENT The quantities of sealed cracks will be measured by the linear foot to the nearest foot.The accepted quantities of sealed cracks will be paid for at the contract unit price per foot. Payment will be in full for ffin-Ashing and placing all material,including cleaning as required,and for all equipment,tools, labor and incidentals necessary to complete the work as specified. General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT B CONTRACTOR'S PROPOSAL ,� 7:. R" 1{ g-, >.C•.'. t -y\,\ r bG' �- p p R'`� 'il y YY {�{. hsi -_$ [,R LR.� N�1.1 - �. X3 s- �. � � � 7 c v J r A.. .,'y��py�•■ y� r r Y 'f -t -� M�� Cleaning of the streets and cracks shall be considered incidental to the crack 160,000 sealing bid item. Payment for crack $ .31 /ft. $49,000/annually sealing shall be on a lineal foot basis regardless of the width of cracks sealed. General Services Agreement-09-11-03 Rev.-09/17/03