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Bretthauer Road Oil - 9-1004
-I cl CITY OF TIGARD, OREGON _+ 100 L4 v _LP0oUL AGREEMENT FOR SERVICES RELATED TO l CRACK SEALING �U v THIS AGREEMENT made and entered into this 11th 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: 1. 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 parry 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: vance@tigard-or.gov Email Address: 7. TERMINATION 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 administrative 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,judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees 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.-09/17/03 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 pp Appro ed LTi ard's Local Contract Review Board on: (©I 3a O By: A orized City staff person letting contract Date CONTRACTOR /+ By: Company Name Print Name&Title of Auth 'zed Representative ��� �✓E. ZOOS 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 number 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. 6. 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 in 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") 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 '/2 hour after placement of the sealant and refilling has been completed. If traffic causes lifting or transfer of the material, the contractor shall immediately 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 furnishing 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 Estimated Quantity Description Cost Per Total Cost (Lineal Feet Lineal Foot Cleaning of the streets and cracks shall be considered incidental to the crack 160,000 sealing bid item. Payment for crack $ .31 /ft. $ 49,600/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 R . f ITB Version Date:April 29, 2008 CITY OF TIGARD, OREGON D' CARD, InviiatiBid,t t s a 1 Crack S�ahn` e DATE DUE: Thursday,May 15,2008 TIME DUE: 2:00 PM Envelope(s) shall be seated and marked with ITB Tide. Respondents must submit one (1) original and one (1) copies of the ITB responses. Technical Questions: Invitation to Bid Questions: Vance Walker,Streets Supervisor Joe Barrett,Contracts/Budget Analyst 13125 SW Hall Blvd.,Tigard,Oregon 97223 13125 SW Hall Blvd.,Tigard,Oregon 97223 Phone: (503) 639-4171,Ext. 2606 Phone: (503) 718-2477 Fax: (503) 684-8840 Fax: (503) 684-7297 Email:vance@tigard-or.gov Email: Joseph a dgard-ongov SUBMIT BIDS TO: Joe Barrett, Contracts/Budget Analyst City of Tigard—Court Counter 13125 SW Hall Blvd. Tigard, Oregon 97223 2008 ITB—Crack Sealing Services Page 1 Due: 2:00 PM,Thursday,May 15,2008 PUBLIC NOTICE Invitation to Bid Crack Sealing Services The City of Tigard is requesting sealed bids from qualified firms capable of providing crack sealing services for the Department of Public Works, Streets Division. This work consists of repairing and resealing cracks in asphalt concrete pavement at locations designated by the City. Firms are invited to submit a sealed bid for the requested service in accordance with the terms and conditions contained in the Invitation to Bid packet. Sealed bids will be received by Joe Barrett,Contracts/Budget Analyst,at the Tigard City Hall Information Desk located at 13125 SW Hall Blvd., Tigard, OR 97223. All bids must be received no later than 2:00 PM, on Thursday, May 15, 2008 at which time they will be opened and read. Facsimile and electronic (email) bids will not be accepted. Bids will not be accepted after the stated opening date and time and late bids will be returned to the vendor unopened. The City intends to enter into a contract with the successful bidder to provide crack sealing services for the City. Bid packets may be downloaded from www.tigard-or.gov, obtained in person at the Tigard City Hall Information Desk located at 13125 SW Hall Blvd.,Tigard, Oregon 97223, or by calling Joe Barrett at (503) 718- 2477. Bids must be submitted on the bid form provided in the bid package. The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the City if it is in the public interest to do so. Published: Daily Journal of Commerce Date: April 29,2008 2008 ITB—Crack Sealing Services Page 2 Due: 2:00 PAI,Thursday,May 15,2008 TABLE OF CONTENT TITLE PAGE Tide Page 1 Public Notice 2 Table of Content 3 Section SECTION 1 Introduction 4 SECTION 2 Bid Preparation 4 SECTION 3 Bid Submission and Opening 6 SECTION 4 General Information 6 SECTION 5 Bid Evaluation and Award 8 SECTION 6 Special Bid Instructions 9 SECTION 7 Detailed Specifications 10 Attachments ATTACHMENT A Bid Form 14 ATTACHMENT B Acknowledgement of Addenda 15 ATTACHMENT C City of Tigard Service Agreement 16 2008 ITB—Crack Sealing Services Page 3 Due: 2:00 PM,Thursday,May 15,2008 SECTION 1 INTRODUCTION The City of Tigard is requesting sealed bids from qualified firms capable of providing crack sealing services for the Department of Public Works, Streets Division. This work consists of repairing and resealing cracks in asphalt concrete pavement at locations designated by the City. Firms are invited to submit a sealed bid for the requested service in accordance with the terms and conditions contained in the Invitation to Bid packet. Sealed bids will be received by Joe Barrett, Contracts/Budget Analyst,at the Tigard City Hall Information Desk located at 13125 SW Hall Blvd., Tigard, OR 97223. All bids must be received no later than 2:00 PM, on Thursday, May 15, 2008 at which time they will be opened and read. Facsimile and electronic (email) bids will not be accepted. Bids will not be accepted after the stated opening date and time and late bids will be returned to the vendor unopened. SECTION 2 BID PREPARATION 1. EXECUTION OF BID Bids must be typewritten or prepared in ink. Bids shall be submitted on the 'Bid Form" furnished by the City and must be signed in ink by an authorized representative of the bidder. 2. CONFORMANCE TO BID REQUIREMENTS Bids must conform to the requirements of the Invitation to bid, which are hereby made a part of this contract. All requested attachments (references, descriptive literature, etc.) must be submitted with the bid and in the required format. Bid prices must be for the unit indicated on the bid. Failure to comply with all requirements may result in bid rejection. 3. BID MODIFICATION Modifications or erasures made before bid submission must be initialed in ink by the person the person signing the bid. Bids once submitted may be modified in writing before the time and date set for bid closing. Any modifications shall be prepared on company letterhead, signed by an authorized representative, and state that the new document supersedes or modifies the prior bid. Modification must be submitted in a sealed envelope clearly marked `Bid Modification" and identify the bid and closing date. Bidders may not modify bids after bid closing time. 4. BID WITHDRAWALS Bids may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Purchasing Division or in person upon presentation of appropriate identification prior to bid closing time. Unopened bids withdrawn may be released to the bidder after voiding any date and time stamp used. Requests to withdraw mailed bids shall be marked "Bid Withdrawal' and shall clearly state bid title. 2008 ITB—Crack Sealing Services Page 4 Due: 2:00 PM,Thursday,May 15,2008 5. PROTEST OF SPECIFICATIONS OR TERMS A bidder who believes any specifications or terms detailed in the bid packet or sample contract (Attachment D) are unnecessarily restrictive or limit competition may submit a protest in writing, to the Purchasing Office. A protest may be submitted via facsimile. Any such protest shall include the reasons for the protest and shall detail any proposed changes to the specifications or terms. The Purchasing Office shall respond to any protest and, if necessary, shall issue any appropriate revisions, substitutions,or clarification via addenda to all interested Bidders. To be considered,protests must be received at least five- (5) days before the bid closing date. The City shall not consider any protest against award due to the content of bid specifications or contract terms submitted after the established protest deadline. All protests should be directed to Joe Barret, Contracts/Budget Analyst,and be marked as follows: ITB Specification/Term Protest Bid Name and Closing Date City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 If a bid protest is received in accordance with section above, the bid opening date may be extended if necessary to allow consideration of the protest and issuance of any necessary addenda to the bid documents. 6. ADDENDUM The City may modify the ITB by issuance of an "Addendum" to all prospective bidders within a reasonable time prior to bid closing to allow bidders to consider them in preparing their bids, but in no case less than 72 hours before the bid closing. If an Addendum is necessary after that time, the City, at its discretion,can extend the closing date. Any Addendum issued, as a result of any change in the RFP, must be acknowledged by submitting the "Acknowledgment of Addendum" (Attachment B) with a proposal. Only questions that are answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7. RECYCLABLE PRODUCTS Bidders shall use recyclable products to the maximum extent economically feasible in the performance of the contract set forth in this document. 8. CITY'S PROTECT MANAGER The City's Project Manager for this work will be Vance Walker, Streets Supervisor, who can be reached by phone at (503) 639-4171, ext. 2606, or by email at vance cr tiigard-or.gov. 2008 ITB—Crack Sealing Services Page 5 Due: 2:00 PM,Thursday,May 15,2008 SECTION 3 BID SUBMISSION AND OPENING 1. SUBMISSION One (1) original and one (1) copies of the sealed Bid must be received and time-stamped on or until the stated closing time at the address listed below. To assure that your bid receives priority treatment please mark as follows. Crack Sealing Due Date:Thursday,May 15,2008 City of Tigard—Court Counter Attn:Joe Barrett,Buyer 13125 SW Hall Blvd. Tigard,Oregon 97223 Bidders shall include their firm name and address on the outside of the envelope. It is the bidder's responsibility to ensure that bids are received prior to the stated closing time. The City shall not be responsible for the proper identification and handling of any bids submitted incorrectly. Late bids,late modification,or late withdrawals will not be accepted after the stated bid opening date and time and will be returned unopened. Facsimile and electronic (email) bids will not be accepted. 2. BID OPENING Bids will be opened immediately following the closing time at 2:00 PM on May 15, 2008 at Tigard City Hall. Bidders may be present;however,award decisions will not be made at the opening. SECTION 4 GENERAL INFORMATION 1. DEFINITIONS For the purpose of these specifications,the following definitions shall apply: A. City shall mean City of Tigard; B. Contractor shall mean the lowest responsive and responsible bidder awarded the contract, C. Contract or Contract Documents the written agreement between the City and Contractor which includes the Purchase Order,Invitation to Bid, any Addenda issued, describing the work to be done and the obligations of the parties. 2. CONTRACT After the award, the Contractor and the City will enter into a general services contract incorporating the terms and conditions of the ITB document and the bid response. Vendors taking exception to any of the contract terms shall submit a protest or request for change in accordance with Section 2.5 "Protest of Specifications or Terms"or their exceptions will be deemed waived. 3. TERM OF CONTRACT The term of this contract shall be for a period of one (1) year. Contract period beginning, on or around,July 1, 2008 and expire June 30, 2009. The City and Contractor may also agree to extend the contract for four (4) additional one (1) year terms. The term of the contract including renewals cannot exceed five years. 4. PRICING ADJUSTMENTS 2008 ITB—Crack Sealing Services Page G Due: 2:00 PM,Thursday,May 15,2008 Prices shall remain firm through the initial term of the subsequent Contract, with the following exceptions: A. City shall be given immediate benefit of any price decreases. B. Contractor shall promptly notify the City of amount and effective date of any decreases. C. Any decrease shall apply to any work requested on or after the effective date of decrease. The City may consider a price increase for any Contract extension if the increased pricing remains advantageous to the City. Pricing increases must be received at the City at least forty-five (45) days prior to any extension of the Contract. Contractor shall provide documentation for price increase; failure to provide sufficient documentation shall result in rejection of increases. The City reserves the right to accept or reject any increases. In case of errors in pricing, unit prices shall govern. 5. BUSINESS TAX AND FEDERAL ID NO REQUIRED The City of Tigard Business Tax is required from successful proposer. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the City of Tigard shall pay a City of Tigard Business Tax. No contracts shall be signed prior to the obtaining of the City of Tigard Business Tax. Upon award of proposal,contractor shall complete a Federal W-9,Request for Taxpayer Identification Number and Certification Form for the City. 6. RESIDENT BIDDER ORS 279C.365(h) requires every bidder on a public improvement contract to indicate whether they are a resident bidder as defined in ORS 279A.120. A resident bidder means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid and has a business address in the State of Oregon. This City requires all Bidders, regardless of the form of the subsequent contract, to indicate if they are a resident bidder or not (see Attachment C.) As a public contracting agency, the City shall prefer goods or services that have been manufactured or produced in this state if price, fitness,availability and quality are otherwise equal. 7. PUBLIC RECORDS All bid material submitted by bidder shall become the property of the City and is public record unless otherwise specified. A bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include cost or price information, which must be open to public inspection. 8. BILLING REQUIREMENTS Invoices shall be sent to City of Tigard,Attn: Accounts Payable, 13125 SW Hall Blvd.,Tigard, Oregon 97223. Payment is normally made within 30 days following the date the entire order is delivered or the date the invoice is received. 9. TERMINATION OF CONTRACT Contract may be terminated by mutual consent of both parties or by the City at its discretion with a 30 days' written notice. The City may cancel an order for goods at any time with written notice to Contractor, stating the extent and effective date of termination. If the contract is so terminated, Contractor shall be paid in accordance with the terms of the contract for goods delivered and accepted to the date of termination which cannot be mitigated by resale as provided in the Uniform Commercial Code (ORS 72.7060). 2008 ITB—Crack Sealing Services Page 7 Due: 2:00 PM,Thursday,May 15,2008 10. INTERGOVERNMENTAL COOPERATIVE PURCHAING The bidder submitting this proposal agrees to extend identical prices and services under the same terms and conditions to all public agencies in the region. Quantities stated in this solicitation reflect the City of Tigard usage only. Each participating agency shall execute its own contract with the lowest responsible/responsive bidder for its requirements. Any bidder(s),by written notification included with their bid, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. SECTION 5 BID EVALUATION AND AWARD 1. BID VALIDITY TIMEFRAME All bids submitted shall be valid and binding for sixty (60) calendar days from bid closing date, unless extended by mutual consent of all parties. 2. EVALUATION CRITERIA Bids will be awarded based upon the evaluation criteria in the Invitation to Bid. Ordinarily, bids will be evaluated to identify the "lowest responsive and responsible bidder" who has substantially complied with all requirements and specifications of the ITB and who can be expected to deliver promptly and perform reliably. 3. RECIPROCAL PREFERENCE In determining the "lowest responsible bidder," the City shall add a percent increase to each out-of- state bidder's bid price which is equal to the percent given to local bidders in that bidder's home state. This is pursuant to ORS 279A.120(2)(b). 4. DELIVERY DELAYS Significant delays in delivery may be considered in determining award if early delivery is required. 5. METHOD OF AWARD The City reserves the night to make the award by item,groups of items or entire bid,whichever is in the best interest of the City. 6. ERRORS IN BIDS When an error(s) is made in extending total prices, the unit bid price will govern. Bidders are cautioned to recheck their bid for possible error(s). Error(s) discovered after opening cannot be corrected and the contractor will be required to perform if their bid is accepted. 7. BID REJECTION The City may reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids upon a finding of the City that it is in the public interest to do so. 8. MINOR INFORMALITIES The City reserves the right to waive any and all minor informalities that may arise in relation to this bid process. SECTION 6 SPECIAL BID INSTRUCTIONS _. 2008 ITB—Crack Sealing Services Page 8 Due: 2:00 P.M,Thursday,May 15,2008 1. TIME TABLE Tuesday,April 29,2008 Release of Invitation to Bid Thursday,May 15,2008-2:00 PM ITB Closing Date and Time Tuesday,June 10,2008 Recommendation of Award to LCRB JWy 1 2008 Project Start Date 2. REQUESTED INFORMATION Please include a cover letter which includes a brief corporate history, how long in business, number of employees,when registered to do business in Oregon,etc. 3. CONTRACTOR CONTACTS Contractor shall designate one (1) primary and one (1) backup person responsible for the contractor's work under this contract. Contractor shall provide to City the names,addresses and telephone numbers, including after hours/emergency numbers of such persons and shall keep this information current with the City Contract Administrator at all times. 4. CONSORTIUMS / PARTNERSHIPS / SUBCONTRACTORS The City will not consider bids submitted by a consortium, or by multiple firms submitting as partners or joint ventures. Bidders shall not consider the use of sub-contractors for this bid proposal. Contractor must have sufficient resources to perform all services required by this contract. The City reserves the right to approve the use of sub-contractors during the term of this contract as special circumstances dictate. 5. NON-COLLUSION AFFIDAVIT Bidder certifies that this bid/proposal has been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition. 6. BILLING METHOD Each invoice shall include adequate detail to identify each good or service purchased. At a minimum this detail shall include: A. Total number of man hours for the billing period; B. Detailed pricing and specification for any goods purchased; C. Details regarding the status of the project,i.e. completion percentage,revised estimated time of completion,etc.;and D. Payment due date. 7. QUANTITIES The City does not bind itself to purchase the full quantities stipulated in the proposal 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 on proposal are based on a one-year estimate. SECTION 7 DETAILED SPECIFICATIONS Bidders 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. Bidders with products they feel are 2008 ITB—Crack Sealing Services Page 9 Due: 2:00 PM,Thursday,May 15,2008 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 Bidders 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 resulting 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 number 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. 6. 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. 2008 ITB—Crack Sealing Services Page 10 Due: 2:00 PM,Thursday,May 15,2008 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 in 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 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 2008 ITB—Crack Sealing Services Page 11 Due: 2:00 PM,Thursday,May 15,2008 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") 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'/2 hour after placement of the sealant and refilling has been completed. If traffic causes lifting or transfer of the material,the contractor shall immediately 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 eh contract unit price per foot.Payment will be in full for furnishing and placing all material,including cleaning as required,and for all equipment, tools,labor and incidentals necessary to complete the work as specified. 2008 ITB—Crack Sealing Services Page 12 Due: 2:00 PM,Thursday,May 15,2008 City of Tigard, Oregon 15,May 2008 13125 SW Hall Blvd. Tigard, OR 97223 Re: Resident Bidder Status Bretthauer Road Oil Co. Inc.is a Resident Bidder in the State Of Oregon. Address: Bretthauer Road Oil Co.Inc. 2950 SE Brookwood Ave. PO Box 898 Hillsboro,OR 97123-0898 P.O. Box 898 BR TTHAUE+ R Hillsboro,OR 97123 (503) 648-1674 ROAD OIL (800) 682-2449 flR CCB#56438 FAX(503) 648-5627 Total Asphalt Preventative Maintenance City of Tigard, Oregon 15,May 2008 13125 SW Hall Blvd. Tigard, OR 97223 Re: Contact Information Primary Contact: Steve Bretthauer Office: 503-648-1674 PO Box 898 Cell: 503-805-6546 (24 Hour) Hillsboro,OR 97123 Secondary Contact: Ed Breiding Office: 503-648-1674 PO Box 898 Cell: 503-807-4529 Hillsboro, OR 97123 P.O. Box 898 BR TrHAUER Hillsboro,OR 97123 503) 648-1674 ROAD OIL (800) 682-2449 98 CCB#56438 FAX (503) 648-5627 Total Asphalt Preventative Maintenance City of Tigard, Oregon 15, May 2008 13125 SW Hall Blvd. Tigard, OR 97223 Bretthauer Road Oil has been one of the Portland Areas leading asphalt maintenance contractors for over 25 years. Started in 1955, and since 1980 under current ownership,we provide crack sealing services to many government agencies, contractors, and corporations throughout Oregon, and Washington. We are licensed in Oregon, and Washington and have as many as 20 employees during the summer work season. Bretthauer Road Oil has extensive crack sealing experience,working in Oregon, Washington, California,Nevada, and Hawaii. In the recent past we have been Crack seal material distributors for Foch Materials, and Deery Oil serving Oregon and California. Recent Projects Completed: Intel Inc. 36,438 Lineal Feet 5-08 Washington County 73,000 Lineal Feet 8-04, 05, 07 City of Tualatin 45,000 Lineal Feet 6-01 -07 City of Hillsboro up to 650,000 Feet 95-08 (not all years) All footages approximate Oregon CCB# 56438 General Contractor/All Structures Bretthauer Road Oil also provides the following services,, - Chip Seals - Crack Seals - Sand Slurry Seals -Dust Control - Fog Seals PRODUCT ®ATA SHEET DESCRIPTION Beram 190 is a hot applied, single component joint and crack sealant. Beram 190 is a blend of asphalts, virgin polymers synthetic rubbers and reinforcing fillers. Beram 190 offers advanced low temperature bonding properties, prolonged resistance to degradation from weather and a positive seal during the expansion and contraction of the joint or crack. RECOMMENDED USE Beram 190 is recommended for the large scale sealing of joints and random cracks in Portland cement concrete, and asphaltic concrete pavements. APPLICABLE SPECIFICATIONS Beram 190 meets or exceeds: • ASTM D-6690 TYPE I (Formerly ASTM D-1190) • Federal Specification SS-S-164 and amendments • AASHTO Modified M-173 • Various State and Provincial D.O.T. specifications APPLICATION TEMPERATURES • Recommended Pouring Temperatures 185°C (365°F) • Maximum Safe Heating Temperatures 200°C (392°F) APPLICATION GUIDELINES For detailed joint and crack preparation specific application instructions refer to specifying agency publications or contact manufacturer representative. MELTING EQUIPMENT Beram 190 must be melted in a double boiler, oil-jacketed kettle, equipped with mechanical agitator and separate temperature thermometers for both the oil bath and melting vat. COVERAGE Beram 190 weighs approximately 9.6 lbs./gal (1.15 kg/L). A joint %x '/2" (12.7 mm x 12.7 mm) requires approximately 12 lbs. per 100 lineal feet or 17.7 kgs per 100 lineal meters. PACKAGING . • 450 Ib. (205 kg), open top drums containing 10 individual 50 Ib. pucks • 2 x 25 Ib. polybags in a high strength corrugated cardboard container • 50 lb. steel pails BEAM 190 HOT APPLIED JOINT'SEALANT PHYSICAL PROPERTIES ASTM D-6690 TYPE I FORMERLY ASTM D-1190 PROPERTIES SPECIFICATIONS TYPICAL RESULTS Penetration @ 25°C (77°F) 90 MAX 65 150g, 5 sec. Flow @ 60°C (140°F) 5 MM MAX 2.0 MM ADDITIONAL PROPERTIES Prolonged Heating ASTM D- 3407 (after 8 hours @ pouring PASS ALL REQUIREMENTS PASS tem Resiliency (ASTM D-3407) 25 - 60% 50% _Asphalt Compatibility PASS PASS (ASTM D-3407) Joint Bond OF (-18°C) 100% PASS 5 CYCLES PASS Extension McAsphalt Industries Ltd. 8800 Sheppard Avenue East Scarborough, Ontario M16 5R4 Tel: (416) 281-8181 Fax: (416)281-8842 Email: info@mcasphalt.com . ATTACHMENT A BID FORM City of Tigard Crack Sealing Services The Bidder,whose legal signature binding the Bidder to the bid prices indicated on these pages,hereby bids as follows: Estimated Quantity Description Cost Per Total Cost Lineal Feet Lineal Foot Cleaning of the streets and cracks shall be considered incidental to the crack 160,000 sealing bid item.Payment for crack $ . 3 1 /ft. q 04 sealing shall be on a lineal foot basis regardless of the width of cracks sealed. NOTE-If a bid requires more table space to list pricing detail,Bidder is to submit information on additional copy of this form. Bidders Signature Print Corporate Name of Bidding Firm: R ETTN a u 62 oa p 11.. I i.l c Print Bidder Rep. Name and Title: q u RPM s 7- Bidder Bidder Representative Signature: 2008 ITB—Crack Sealing Services Page 13 Due: 2:00 PM,Thursday,May 15,2008 Contract# CRAc1c -'r 4—jy C IC�S ATTACHMENT B ACKNOWLEDGMENT OF ADDENDA City of Tigard, Oregon Invitation to Bid Crack Sealing Services Close:Thursday,May 15, 2008,2:00 PM I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: Ifnone received Waite `None Received" 1. A o�E �kcE., 3. 2. 4. SAs'/08 Date Signature of Proposer f�2 Esi p��i Title Corporate Name 2008 ITB—Crack Sealing Services Page 14 Due: 2:00 PM,Thursday,May 15,2008 Contract# ATTACHMENT C CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO D (ENTER CONTRACT TITLE THIS AGREEMENT made and entered into this (Day) of(Month), (Year) by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and (Contractor's Name), hereinafter called"Contractor",collectively known as the "Parties." RECITALS WHEREAS,Contractor has submitted a bid or proposal to City to provide specific services;and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to (enter project title or brief description) as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, on (Enter end date). All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not exceeding (Amount in words) and (00-99)/100 dollars ($Amount in numbers) for performance of those services described herein, which payment shall be based upon the following applicable terms: a. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. b. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. d. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. e. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. f. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to 2008 ITB—Crack Sealing Services Page 15 Due: 2:00 PM,Thursday,May 15,2008 Contract# 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, surgic@ 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: CITY OF TIGARD (CONTRACTOR) Attn: (City's contact person's name) Attn: (Contractor's contact person's name) Address. 13125 SW Hall Blvd. Address: (Contractor's mailing address) Tigard,Oregon 97223 Phone: (503) (Project Mgr's phone#) Phone: (Project Mgr's phone#) Fax: roiect Mgr's fax#) Fax: (Project Mgr's fax#) Email Address. (Contact persons Email Address: (Contact person's email) em@@igard-or.gov 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before Wayof month), ear 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, volcano, 2008 ITB—Crack Sealing Services Page 16 Due: 2:00 PM,Thursday,May 15,2008 Contract# 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 administrative 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,judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature,resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees 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 Lability 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 1000 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 additional 2008 ITB—Crack Sealing Services Page 17 Due: 2:00 PM,Thursday,May 15,2008 Contract# 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 affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 2008 ITB—Crack Sealing Services Page 18 Due: 2:00 PM,Thursday,May 15,2008 Contract# 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. Approved by Tigard's Local Contract Review Board: CITY OF TIGARD (CONTRACIOR) By:Authorized City Representative By:Authorized Contractor Representative Date Date 2008 ITB—Crack Sealing Services Page 19 Due: 2:00 PM,Thursday,May 15,2008 Contract# EXHIBIT A SCOPE OF SERVICES 2008 ITB—Crack Sealing Services Page 20 Due: 2:00 PM,Thursday,May 15,2008 Contract# EXHIBIT B CONTRACTOR'S PROPOSAL 2008 ITB—Crack Sealing Services Due: 2:00 PM,Thursday,May 15,2008 Page 21 Contract# EXHIBIT C-CITY OF TIGARD BUYER - STANDARD TERMS AND CONDITIONS I. backing&Shipment Deliveries shall be made as specified,without charge for 9 Cancellation for Cause. Buyer may cancel all or any part of the undelivered boxing,crating,tarring or storage. Material shall be suitably packed to ensure portion of dvs Order if Seller breaches any of the terms hereof or in the event of against damage from weather or transportation and to secure lowest any of the following:Insolvency of Seller,a voluntary or involuntary petition in transportation costs, and in accordance with die requirements of common bankruptcy for,by or against Seller;the appointment of a receiver or trustee for carvers. Buyer's Order number and symbols must be plainly marked on all Seller,or an assignment for the bencfit of creditors by Seller or if Buyer has invoices, packages, bills of lading and slipping orders. Packing lists shall reasonable cause to believe Seller will become insolvent'file for bankruptcy,go accompany each box or package shipment Buyer's count or weight shall be out of business or that rhe products bei ng may be subjct to lien, or conclusive on shipment not accompanied by packing lists. Unless otherwise attachment by a creditor of Seller. Any s chpped cancellation under this sectiohall specifically agreed on the reverse side of this Agreement,all costs of packaging be cancellation for cause and in the event of such cancellation,Buyer shall have and shipment are included in the purchase price and all goods will be shipped, die right to complete,or cause to have completed,this Order including the right with all costs prepaid. Risk of loss to goods in shipment(including damage, to cause Seller to produce,without liability of any hind to the Buyer,proprietary destruction,theft,or loss)shall be borne by the Seller. Risk of loss shall not pass items of the Seller as necessary to complete the Order. The remedies and to Buyer until the goods are delivered to and checked in at the location specified damages in this section shall be cumulative and in addition to any other or£artier by Buyer in this Order. remedies provided at Law or in Equity, including reasonable and necessary 2. Waren Unless otherwise agreed in writing,Seller warrants that the products attorney's fees and other costs of litigation. ordered will conform to the specifications herein and to any drawings,samples,or 10. 'femination. City has the right,in its sole discretion,to terminate without other description furnished or adopted by Buyer. All products are warranted to cause or for no cause,to tern ination this Agreement at any time by giving be merchantable,to be of the highest quality design,material,and workmanship notice to Seller. If City terminates the contract pursuant to dais section,it and free from defect and to be fit for purpose intended. All warranties shall shall pay Seller for goods shipped by Seller prior to receipt by Seller of the survive inspection or test, acceptance and payment. Warranties shall nun to notice of termination. City may deduct the amount of damages, if any, Buyer,its successors,assigns and customers. Warranty period shall be(1)year sustained by City due to any breach of contract or warranty by Seller. from date of acceptance by Buyer. Damages for breach of contract or warranty shall be those allowed by 3. Inspection and Acceptance. At Buyer's request,Seller shall provide a complete Oregon law,reasonable and necessary attorney fees,witness fees(expert and inspection program;satisfactory to Buyer,for Buyer's inspection of all materials, non-expert),and other costs of litigation at trial and on appeal. fabricating methods,equipment in process work and finished products. 11. Assignment and Subcontractin . Seller may not assign or subcontract any of its If this Order provides for inspection of the work by Buyer on site during the rights or obligations hereunder without the prior written approval of Buyer. Any period of manufacture,Seller agrees to provide Buyer's inspectors with reasonable unapproved assignment shall be void. Seller shall be fully responsible for die acts facilities and assistance during such inspection. Inspection by Buyer shall not or omissions of any subcontractors and all persons employed by them and unduly delay the work Buyer may charge Seller any additional cost incurred by neither theapproval by Buyer of any subcontract nor anything contained herein Buyer if the work is not ready in accordance with the inspection schedule. Any shall be deemed to create any contractual relation between die subcontractor and inspection made or Waiver-of-Inspection-Notice given by Buyer will not relieve the Buyer. Buyer may assign its rights under this Order. Seller from its responsibilities for delivering products and work hereunder. 12. Work on Bu per's Prernises. if Seller's performance of this Order involves Acceptance or rejection of the products shall be made up to 10 days after delivery operations by Seller on Buyers premises,Seller shall(a)provide all necessary and and inspection by Buyer except as otherwise provided herein. Failure to inspect suffic crit safeguards and take all proper precautions against the occurrence of and accept or reject products shall neither relieve Seller from responsibility for injury to any person or damage to any property,and shall be responsible for and such products,which do not meet the requirements herein nor impose liability on shall indemnify and hold harmless Buyer,its representatives,officers,employees, Buyer therefor. and agents from any and all loss, suuir, action or claim, including cost and _- 4. Dem, if Seller fails to meet the delivery schedule provided herein,Buyer may attorney's fees,by reason of injury,including death to any person and carry public require Seller to deliver the products, or any portion thereof,in any manner liability and property damage insurance with limits of liability of not less than commercially necessary to speed delivery,all at the Setter's sole expense. Unless S300,000.each,unless higher limits are required by a signed purchase agreement, otherwise agreed upon in writing by Buyer and Seller,Seller shall be required to with contractual liability endorsement and such insurance of employees as may be pay the normal freight weight plus any premium rate required.Invoices covering required by any workmen's compensation act or other law, regulation or products shipped in advance of the date specified will not be paid until afrer the ordinance which may apply in the premises. Such public liability and property date specified for delivery and are subject to rejection, as provided in dtis damage insurance shall also cover the operation of Sellers vel cles used in the paragraph immediately below, f slipped too early. performance of Seller's operations. Any policy of insurance written in accordance Neither party shall be liable for delays or defaults due to strike,fire,windstorm, with the foregoing shall be appropriately endorsed to named Buyer,it's officials, not,natural disaster,war,civil unrest or other similar-unforeseeable cause beyond employees and agent,as additional insureds,with provisions that such insurance the control and without the fault or negligence of the party incurring such delay. is primary insurance with respect to their interest,and that anv other insurance Seller shall notify Buyer in writing of the existence of such cause within five5 () maintained by Buyer is excess and not contributory uisunncewith the insurance days after the commencement of the delay or default giving pertinent information required hereunder,with cross-liability or severability of interest provisions,and concerning such cause. No delivery shall be made more than seven 0 days prior shall further provide that the coverage provided thereby shall not be modified or to the applicable delivery date,and Buyer shall have the right to return earlier discontinued or teminated except upon 30 days prior written notice to Buyer. deliveries at Seller's risk and expense or charge to Seller any additional costs Compliance shall be verified by Certificate of Insurance with appropriate sustained because of the same. endorsements sent to Buyer prior to Seller commencing work on Buyer's 5. Buyer-Furnished Materials. Seller shall assume all risk of loss of any material prem sex. Any work performed on Buyers premises muse be done pursuant to fur fished by Buyer to Seller for use in performance of this Order. all OSI fA standards,all applicable Stare and Federal health and safety laws,rules 6. faxes. Seller shall not invoice Buyer for any taxes nor include in Seller's price any and regulations and all workers must be covered by workers' compensation federal excise,state,or city tax or any other tax,unless Seller has first asked Buyer insurance famished through and paid for by Seller. for Buycr's tae exemption number and it has been agreed upon between both 13. Stop Work Order. Buyer may,at any time by written order to Seller,require parties that Buyer is not exempt from the tax. Seller to stop all,or any part of the work called for by tis Order for a period of 7. Chi s. Buyer may, by written order, make changes including changes in 90 days after die written order is delivered to Seller,and for any further period to drawings or specifications. Buyer will equitably adjust any difference in cost or which the parties may agree and for any other period to which the parries may time for perfomhance resulting from such change and the Order modified in have agreed or as provided in Section 4,10,and/or 11. Within die period of 90 writirig accordingly. ANY CLAIM BY SELLER UNDER THIS CLAUSE days or less or within any extension of that period,Buyer shall either:(a)cancel MUST' BE ASSERTED 1N WRITING WITI-111N 30 DAYS FROM TI-IE the"Stop Work Order"and direct Scher to resume work;or(b)reminate the DATE OF SF_IJ.ER'S RECFBPT OF'1'I lE CHANGE ORDER OR I7IE work covered by dais Order. If Buyer orders Seller to resume work,Seller shall be CLAIM WIIJ.,NOT BEALLOWED. entitled to any equitable adjustment pursuant to Section 8 provided a claim for In the event that Buyer proposes any change prior to making such change by such an adjustment shall be submitted by Seller within 30 days after the end of written order and such change will have an effect on the warranty of the products the period of work stoppage. procured by this Order,Seller shall notify Buyer in writing of such effect within 14. Payment. Payment date and cash discount period shall be calculated from the 10 days of receipt of such proposal. date of Buyer's receipt of an acceptable invoice and Buyer's acceptance of the 8. Adve ws nu. Seller shall not,without the written consent of Buyec in any manner products and supporting documentation at destination. advertise or publish the fact that Seller has furnished or contracted to for sh to 15. Information/Data Unless otherwise agreed in writing any des gas,drawings, Buyer the products herein. specifications,or other manufacturing information fun ished by Buyer to Seller 2008 ITB—Crack Sealing Services Due: 2:00 PM,Thursday,May 15,2008 Page 22 Contract# shall be confidential to Buyer and is furnished solely for the performance of this challenges die arbitrators award,or fails to comply wid,the arbitrator's award, Order. All copies of such information shall be returned to Buyer upon then the oilier party shall be entitled to costs,including reasonable attorney fees, completion of die Order. Any designs, drawings, specifications, or other for having to compel arbitration or defend or enforce the award. The parties manufacturing information delivered by Seller to Buyer may be used for any agree to defend the arbitrator and any individual engaged in the administration of purpose whatsoever. The foregoing shallapply notwithstanding die presence or an arbitration proceeding from any subpoenas or claims from third parties arising absence of any contrary legend or statement on any of such information. All out of this order or the arbitration. business and governmental information materials containing business and 23. Jurisdiction and Attorney F'eee. This;order shall be governed and construed governmental information provided by Buyer to Seller shall be treated as according to the laws of the State of Oregon. If a dispute shall arise under this confidential. order necessitating the services of an attorney,then the prevailing party shall be 16. Comnli<ance with Laws and Reg+dauons. Seller warrants that all product,goods, entitled to collect from the losing party all of it/his/her reasonable costs and or work delivered and performed shall comply with all applicable Federal,State or attorney fees,either in arbitration(if awarded by the arbitrator as provided above), Local laws or Regulations including without limitation The Occupational Safety or by a court before which any matter concerning this order may be heard,bode and Heath Act(29 USC.Chapter 15);Federal Hazardous MaterH Transportation at trial and on appeal. Act(49 USC.Chapter 27);Equal Employment Opportunity;E.O.11246 and 41 24. Neutral Interpretation. '11vs order constitutes the product of negotiations CPR Sections 60-1.4 and 60-1.7;Employment of the Handicapped E.O.11758 between the parties hereto. Any enforcement hereof will be interpreted in a and 41 CFR Section 60-741-4; Unlization of Minority Enterprises E.O. 11625 neutral manner and not more strongly for or against any party based upon the and 41 CFR Subpart 1-1.13;Age Discrimination E.O. 11141,Employment of source ofdraftsmanship. Veterans E.O.11701 and 41 CFR Section 50-250.4 and all rules,regulations and 25. Severabilirv. Nothing contained herein shall be construed to require the amendments issued pursuant to the foregoing. commission of any act contrary to law, and wherever there is any conflict Seller shall indemnity Buyer, its officers, employees and agents against any between the provisions contained herein and any present or future statute,law, damages,penalties,costs or expenses incurred in connection with any alleged ordinance or regulation contrary to which to the parties have no legal right to violation of any Federal State or Local I,aw or regulating the m, ufae are or sale contract, the latter shall prevail. '111e provision of this Agreement;which is to the Buyer of any item covered by this Order. affected,shall be curtailed and limited only to the extent necessary to bring it 17. Patents, CDpyrighbts Trademarks. Seller warrants that no products will be within the requirement of the law. famished hereunder,which infringe or contribute to the infringement of any 26 Calculation of Time. All periods of time referred to herein shall include letters patent,copyright or trademark Seller agrees to immediately replace at its Saturdays,Sundays,and legal holidays in the State of Oregon,except that if the sole cost any products hirtished hereunder which infringe or contribute to the last day of any period falls on any Saturday,Sunday or such holiday,dnen that infringement of any letters patent,copyright or trademark or to take all steps period shall be extended to include the next day which is not a Saturday,Sunday necessary at Seller's sole expense to remove such infringement. or holiday. Seller will indemnify and hold harrnless Buyer, its representatives, officers, 27. Notice. Any notice required or permitted to be given by either party to the other employees and agents from and against any and all costs, royalties, damages shall be deemed to have been given when sent via telecopy,overnight air courier, and/or expenses which may arise out of or result from,or be reasonably incurred or deposited in the United States mail certified,return receipt requested,with fiat in contesting any claims that the methods,processes or acts by the Seller or its class postage prepaid, addressed as indicated on the front of this order, or employees or the products furnished hereunder,infringes or contributes to the addressed to either party at such other address as such party shall hereafter - infringement of any letters,patent,copyright or trademark furnish to the otherPant' n wrin Notice shall also be considered effective ung. 18. Waiver. The Failure of Buyer to enforce at any time any of the provisions of this upon delivery if personally delivered. Order or to exercise any option herein provided,shall not be a present or future 28. Conditions of Supplying a Public Agency. � Where applicable,seller must make waiver of such provisions,nor in any way affect the validity of this Order or any payment promptly as due to persons su I Seller labor or materials for the part hereof,or die right thereafter to enforce each and every such provision. '111c execution of the work provided by this o der. Sgeller. must pay all contributions or express waiver(whether one(1)or more times)of any provision,condition or amounts due from Seller to the industrial Accident Fund incurred in the requirement shall not constitute a waiver of any future obligation to comply with performance of this order. Seller shall not permit any lien or claim to be filed or such provision,condition or requirement prosecuted against Buyer or any subdivision of Buyer on account of any labor or 19. Independent Contractor. Seller is an independent contractor and persons material to be furnished. Seller further agrees to pay to the Department of employed by Seller shall be employees of Seller and not employees of Buyer. Revenue all sums withheld from employees pursuant to ORS 316.167. 20. Complete Agreement The Purchase Order and any referenced attachments 29. Payment of Claims by Public Offices. In the event that Seller fads,neglects or constitute the complete agreement between die parties. Except as otherwise refuses to make prompt payment of any claim for Libor or services furnished to provided herein,it is subject to change only by an instrument signed in writing by Seller or a subcontractor of Seller by any person in connection wirh the both pames. perfomiance of this order when such claim becomes due,then die proper officer 21. Acceptance by Performance IESeller fails provide to Buycr with a signed copy of or officers representing the Buyer hereunder may pay such claim to the person this order, but delivers product or performs the services specified in this furnishing the labor or services and charge the amount of the payment against the agreement,then Seller agrees that the Seller shall be deemed to have accepted the funds due or to become due to the Seller by reason of this order. The payment terms and conditions of this order,as provided on both the front and this reverse of a claim in the mariner authorized by this provision shall not relieve the Seller or side of the order. Buyer must agree any changes or modifications to this order by any of the Seller's surety from obligations with respect to any unpaid claims. Seller to,in writing,or they shall not be deemed accepted by Buyer and if the 30. Health Care Benefits For Seller's Fmnloyees. If this order involves public service, Selly delivers the products nonetheless,then the original tcirms and conditions of then Seller must provide health care benefits to all employees who are performing this order shall govern. services previously performed by public employees performing similar duties 22. Mandatory Mediation and Binding Arbitration if there is a dispute concerning under dus order. any of the terms,conditions or the performance of this order,dnen it is hereby 31. Hours of I abor. If labor is performed under this order,then no person shall be agreed by both Buyer and Seller that the dispute shall be submitted first to non- employed for more than eight(8)hours in any one day,or forty(40)hours in any binding mediation, to be performed by a sole mediator to be agreed upon one week,except in cases of necessity,or emergency or where the public policy between Buyer and Seller. If a mediator cannot be Weed upon,then the parties absolutely requires it,and in such cases,except cases of contracts for personal agree that any Circuit Court judge for the State of Oregon, County of services as defined in ORS 279A.055,the labor shall be paid at least time and a Washington,shall be authorizers to appoint a mediator for the parties. half for all overtime in excess of eight(8)hours a day and for all work performed Should the parties Fail to reach an agreement through mediation,then the parties on Saturday and on any legal holidays as specified in ORS 279C.540.In cases of shall submit to binding arbitration,which shall be governed by the rules of the contracts Eor personal services as defined in ORS 279A.055,any labor shall be Arbitration Service of Portland, and shall be conducted widen Washington paid at least time and a half for all hours worked in excess of forty(40)hours in County. The arbitration shall be conducted by a single arbitrator chosen by any one week, except for those individuals excluded under ORS 653.010 to mutual agreement of the parties. If die parties are unable to agree on an 653.260 or under 29 USC:SS 201-209. arbitrator, the parties shall ask the Presiding Judge of the Circuit Court for 32. Medical Care and Workers'Compensation. Seller shall promptly,as due,make Washington County to select the arbitrator. If the arbitrator determines that one payment to any person,co-partnership,association or corporation, fumislung party is the prevailing party,then the losing party shall be required to pay all Fees medical,surgical and hospital care or other needed care and attention incident to and costs of the arbitration. On die other hand,if the arbitrator detemunes that sickness or injury,to the employees of such Seller,of all sums which the Seller neither party is to be considered the prevailing party,then the fees and costs of agrees to pay for such services and all moneys and sums which the Seller collected the arbitration shall be divided equally between the parties. The parties know ugly or deducted from the wages of the employees pursuant to any law,contractor and voluntarily waive their rights to have their dispute tried and adjudicated by a agreement for the purpose of providing or paying for such service. judge or jury. In the event a party fails to proceed with arbitration,unsuccessfuhly 2008 ITB—Crack Sealing Services Page 23 Due: 2:00 PM,Thursday,May 15,2008 .�. ' r f, -�- �. F>" o'P x. a,'.. _ ,.�: •,u,.; CITY OF TIGAID CRACK SEALING 5/15/08 COMPANY NAME ADDRESS PHONE/FAX BID AMOUNT Tb 5$0 �};t is bow Off- 9-4-17-q (sm)533 - 51-o`t 7-9 5,r-> sE 6WMA41zao-� A„e.-. Po a� 09® d[� 14 ska"o o2 a--t 3,-oe9a (Sb3,la�fl i 3050 Sc�� -6q o8 , -4 . 5C�l r 1, c.c - �x,c_rc.w.�.�o C-19 9S `$' 0 SEP-16-2010 11:05 FROM:BRETT PI CR ROAD OIL Tom'S036B48840 P.2 r»f.nor LasrJ 11:vc Drllio vVl wI_rW rwuG W-Y riI July 16,2010 City of Tigard Brelthauer Rood Oi! Attn:Rd,Breiding P,Q. Bax 898 I-Mboxo, OR 97123-1674 REP..' City of Toad Crack Sealing Pctiod:July 1,2010—June 30,2011 Dear Na. Breidiog: The City of T"ignrd has determined haat your company has Perfot med in accordance with the xeglli=ents of out Agreemcot Thetefoxc, the City, p=uarat to the renewed/extension clause wnt pined in the teras and conditions of the ASteentent, deaircs to exercise its second.(2nd) ome-year ext niinn to the CQntt'act eff ctive £rota July A,2010 thruugh jure 30, 2014. This mnewal pc iod shall be governed by the specifications,pricier, and the tams and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this ,renewal by signamg this dne„ment in the Space provided below and returning it to me within ten (10) dry. You way keep a copy for your records, 'i."he City looks forward to doing business with Brerthauex Road Qin in the next year. Sicaccxety, Greet Gaston Management Analyst 503-718-2595 gTeer@dgud-ot-gov I/We hereby acknowie* acceptance of this Contract renewal, and agree to be bound by all rcgt�rctncnts, te=ns.and d conditions as sct forth in the above crenced Contract Company; t` )4h4iA--r ate' ... Nnted: 1 1 1.3125 ST Hall,Olvd. •Tigard,Orno:a 97223 d 503.639.4171 T1'Y Relay:503.684.M2 • Wu+w.tkPM-0r.gov Greer Gaston From: Greer Gaston Sent: Friday,August 28, 2009 2:32 PM To: Anita Clark Subject: Different Vendor Address Anita, Would you enter this address into IFAS? Bretthauer is in there, but has a different address. This is the address that appears on the invoice and in their contract. Bretthauer Road Oil Co. 2950 SE Brookwood Ave. PO Box 898 Hillsboro,OR 97123-0898 Thanks, Greer Gaston City of Tigard Public Works Department 503.718.2595 greer@tigard-or.gov FROM FAX NO. :5036485627 Sep. 26 2008 11:41PM P2 z za < rJ w � 1 v a w � v .� ' a •1 Jaime Marshall From: Jaime Marshall Sent: Thursday, July 31, 2008 2:24 PM To: 'Mandi.Fitzgerald@slurry.com' Subject: City of Tigard Bid Results Attachments: Crack Sealing Bid Tabulation 5-15-08.pdf Mandi, Please see attached bid results with unit pricing for the City of Tigard's Crack Sealing ITB, per your request.There were no subcontractors listed by any of the bidders and the only unit pricing was a per foot cost, as shown on the attached bid tab sheet.Thanks. Jaime Marshall Management Analyst City of Tigard Public Works (503) 718-2594 1 JUL-30-2008 16:21 From:Vallea Slurry Seal 9163731438 To: 15036847297 Page:1,11 VC � ® Va slurry se eL c®. VIA FACSIMILE: 503-684-7297 I May 15, 2008 City of Tigard 13125 SW Wall Blvd. Tigard, OR 97223 RE: COMPLETE BID RESULTS Crack Sealing Se es i Bid Date: May 15, 2008 at 2.00 pm I In an effort to complete my Bid Proposal File, I would appreciate your assistance by providing the following information: 1. Bid results and a complete list of bid tabulations. 2. Subcontractors listed by all bidders. 3. Unit prices for all items. Thank you for your prompt assistance. Please fax information to my attention at (916) 373-1438 or you may email the information to me at Mandi.Fitzgerald@slu`rry.com. Respectfully, Mandi Fitzgerald MAY 15 2008 Contract Administrator Mandi.Fit7gerald@slurry.com By i i P.O. BOX 981330•WEST SACRAMENTO,CA 95798 PHONE(916)373-1500 FAX NO.(916)373-1438 • CONTRACTOR'$LICENSE NO.293727A PAVEMENT MAINTENANCE SPECIALISTS I Jaime Marshall From: ANITA CLARK Sent: Wednesday, July 09, 2008 4`.46 PM To: Twila Wilson; Jaime Marshall; Vance Walker Subject: Contract: Crack Sealing Services Attachments: Anita M Clark.vcf Hi there- The following Contract has been entered into Springbrook. Title of Contract: Crack Sealing Services Contractor: Bretthauer Road Oil Contract Number: 9-1004 Contract Amount: $ 49,600 Account Number: 100-2140-601000 *Note: Please advise your supplier of this information, accordingly. Anita M. Clark Sr.Administrative Specialist g,��'t (50 3)639-4171`+�1ork, --- _ I anitaCtigard-or,gov "� "." 06) City of Tigard Financial Mnformation Services 13125 SW Hall Tigard,OR 972.2.3 1 -03. 6-18. it -74 a Rece A July 16, 2010 City of Tigard Ve' / / Bretthauer Road Oil `` -/ ,J Attn: Ed Breiding n�` v� �� �✓n P.O. Box 898 Hillsboro, OR 97123-1674 Cv Ly CI- REF.: City of Tigard Crack Sealing Period:July 1, 2010 —June 30, 2011 �" / 0_/0 CONTRACT NOTICE OF AWARD - RENEWAL W 0 S n Dear Mr. Breiding: Se.rC• bri Of N d(SULSSed P V)k-il 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 second (2nd) one-year extension to the Contract effective from July 1, 2010 through June 30, 2011. 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, Greer Gaston Management Analyst 503-718-2595 greer@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: Signed: Date: Printed: 13125 SW Hall Blvd. e Tigard, Oregon 97223 ® 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov 1 o 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, vreer vu.$tvii Management Analyst 503-718-2595 greer@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_FYe,j4h.,,,-e- _1Z,6)ati9 ©d Signed./'�� Date: -7 Printed: 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 * www.tigard-ongov City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223 July'7, 2008 e Bretthauer Road Oil Attn: Steve Bretthauer P.O. Box 898 Hillsboro, OR 97123-0898 NOTICE TO PROCEED City of Tigard Crack Sealing Services The contract documents for the above contracts were received by our office in complete form. You are hereby notified to proceed with the work required under the contract. The contract will expire, unless otherwise terminated or extended, on June 30, 2009. A fully executed copy of the contract document for this project is enclosed. If you have any further questions, I can be reached at (503) 718-2594. 0 Sincerely, J ime Marshall Management Analyst City of Tigard Public Works Ph: (503) 718-2594 Encl. Phone: 503.639.4171 Fax: 503.684.7297 • www.tigard-or.gov TTY Relay: 503.684.2772 City of Tigard, Oregon 13125 SW Hall Blvd. • Tigard, OR 97223 June 11, 2008 Bretthauer Road Oil Attn: Steve Bretthauer 2950 SE Brookwood Ave. P.O. Box 898 Hillsboro, OR 97123-0898 RE: City of Tigard Crack Sealing Services Contract Dear Mr. Bretthauer, Enclosed please find two copies of the Service Agreement for Crack Sealing Services. Please sign both copies and return them to me. In order to complete the processing of this Contract, we will need you to furnish the following information: • Required Certificates of Insurance (as specified in the contract documents) • Completed W-9 Federal Tax Identification form (enclosed) Upon receipt of these items and-approval of the contract by City staff, a Notice to Proceed and a fully executed copy of the contract will be sent to you. If you have any questions please call me at the number shown below. Sincerely, Almearshall City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718-2594 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 ACCERTIFICP OF LIABILITY INSURAP 'E OP ID CL [� EIMMIDDNYYY) �/ BRETT-1 04/09/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Leonard Adams Insurance, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 5201 SW Westgate Dr, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97221 Phone: 503-296-0077 Fax:503-296-0044 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: North Pacific Insurance Co -23892 INSURER B: SAIF Bretthauer Road Oil Company INSURER C: P.O. BOX 898 INSURER D: Hillsboro OR 97123 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSK POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE DATE MM/DDIYYYY DATE MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAUE 10 RLN A X X COMMERCIAL GENERAL LIABILITY 007159959 04/01/10 04/01/11 PREMISES (Ea occurence) $ 100,000 CLAIMS MADE 1X1 OCCUR MFD EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 X WA Stop Gap GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY F7 PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO C07159959 04/01/10 04/01/11 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 A X I OCCUR CLAIMSMADE C07159959 04/01/10 04/01/11 AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X TORY LIMITS ER AND EMPLOYERS'LIABILITY Y/N B ANY PROPRIETORlPARTNER/EXECUTIVq---I 408405 07/01/09 07/01/10 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYF $ 5 0 0,O O O If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Tigard is an Additonal Insured per CG8579 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYOTI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Tigard IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ATTN: Jaime Marshall REPRESENTATIVES. 13125 SW Hall Bl7Vd Tigard OR 97223 AUTHORIZED REPRESENTATIVE ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C07—I5-99-57 COMMERCIAL GENERAL LIABILITY RRETTHAUER ROAD OIL %O 04/01/10 CG 0579 05 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PIASTER PAK PLUS® FOR CONSTRUCTION (OREGON) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX Subject Papie Blanket Additional Insured (Owners, Lessees or Contractors) 2 Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Pent 3 Non-Owned Watercraft 4 Supplementary Payments (Bail Bonds) 4 Personal And Advertising Injury- Electronic Publication Extension 5 Aggregate Limits (Per Location) 5 Aggregate Limits (Per Project) 5 Voluntary Property Damage Coverage 6 Off Premises Care, Custody or Control Coverage 6 Newly Formed or Acquired Organizations 7 Duties in the Event of Occurrence, Offense, Claim or Suit 7 Bodily Injury (Mental Anguish) 8 Waiver of Transfer of Rights of Recovery Against Others 8 Medical Payments 8 Broad Named Insured 8 Broadened Mobile Equipment 8 Incidental Malpractice Liability 8 Non-Owned Aircraft 9 Property Damage- Elevators 9 CG 8579 05 05 Includes copyrighted material of ISO Properties, Inc.,with its permission. Page 1 of 9 E 567 00 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section II -Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or"personal and advertising injury." A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability caused by your negligence and: 1. Arising out of real property, as described in a written coniract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A-Bodily Injury and Property Damage Liability, Coverage B -Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or"property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III -Limits Of Insurance of this policy, whichever are less. These limits are- inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the negligence of the additional insured. CG 8579 05 05 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 9 E 588 00 D. As respects the coverage provided to the additional insured under this endorsement, Section IV- Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to'Condition 3. Legal Action Agaiinst lis: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n, do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to 5. above,the higher of$300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of"property damage"to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. CG 8579 05 05 Includes copyrighted material of ISO Properties, Inc.,with its permission. Page 3 of 9 E 589 00 C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV—Conditions) is replaced by the following: (1) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; D. Paragraph 9.a. of the definition of"insured contract" in Section V-Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract'; E. The following definition is added to Section V -Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion"does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON-OWNED WATERCRAFT Subparagraph g.(2) of Paragraph 2., Exclusions of Section I -Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS In the Supplementary Payments -Coverages A and B provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. CG 85.79 05 05 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 4 of 9 E 590 00 5. PERSONAL AND ADVERTISING INJURY- ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Sections V - Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V- Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any"executive officer"director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B -Personal And Advertising Injury Usability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. CG 8579 05 05 Includes copyrighted material of ISO Properties, Inc.,v,4th its permission. Page 5 of 9 E 591 00 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for"loss"to property of others caused by your business operations. The most we will pay for this coverage is $500 each 'occurrence." The "loss" must occur during the policy period. The 'occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction. "Loss"does not mean disappearance, abstraction or theft. This coverage does not apply to: 1. Damage arising out of the use of any"auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARE, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of"property damage"to personal property of others while in your or your"employees" care, custody or control or real property of others over which you or your"employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. 'Property damage"of property caused by or arising out of the "products-completed operations hazard". C. Limits Of Insurance- The most we will pay for"property damage" under this Section 9. is $25,000 for each 'occurrence". The most we will pay for the sum of all damages covered under this Section 9. because of"property damage" is an annual aggregate limit of$25,000. The Limits Of Insurance provided under this Section 9. are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible- We will not pay for"property damage" in any one 'occurrence" until the amount of "property damage" exceeds$250. If the policy to which this endorsement is attached contains a "property damage"deductible, that deductible shall apply if it is greater than $250. E. In the event of"property damage"covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 8579 05 05 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 6 of 9 E 592 00 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section II -Who Is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. tb. Coverage A does not apply to "bodily injury" or"property damage"that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity-was acquired or incorporated or organized by.you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10.does not apply to newly formed or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsements) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT A. The requirements in Section IV-Conditions, Paragraph 2.a.,that you must see to it that we are notified of an 'occurrence" applies only when the "occurrence" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV -Conditioi"s Paragraph 2.b. that you must see to it that we receive written notice of a claim or"suit"will not be considered breached unless_the breach occurs after such claim or"suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you are a,corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an 'occurrence," claim or"suit" by the agent, servant or"employee" of any insured shall not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or"employee". 12. BODILY INJURY Paragraph 3. of the definition of"bodily injury" in the Section V-Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8579 05 05 Includes copyrighted material of ISO Properties, Inc.,with its permission. Page 7 of 9 E 593 DO 13.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded,the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d)of Section II -Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V- Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V-Definitions is replaced by the following: 3. 'Bodily injury" means bodily injury, sickness, disease or"incidental medical malpractice"sustained by a person, including mental anguish or death resulting from any of these at any time. The following is added to Section V -Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON-OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. CG 8579 05 05 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 8 of 9 E 594 00 19. PROPERTY DAMAGE - ELEVATORS The following is added to Subparagraph j. of 2., Exclusions of Section l -Coverage A Bodily hairy And Property Damage Liability: Paragraphs(3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CG 8579 05 05 Includes copyrighted material of ISO Properties, Inc.,with its permission. Page 9 of 9 E 595 00 ACORD,. CERTIFICATE OF LIABILITY INSURANCE 6/2oi2o 8' PRODUCER (503)227-1771 FAX: (503)274-7644 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Elliott Powell Baden and Baker Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1521 S.W. Salmon Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97205-1783 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Nationwide Agribusiness Bretthauer Oil Co INSURER B General Star Insurance PO BOX 1299 INSURER C: INSURER D Hillsboro OR 97123 INSURER E OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIR INSRD TYPE OF INSURANCE POLICY NUMBER DATEPOLICYMMFDD/YYE PDATE MM/DD/YY OLICY E N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X nnMeGE'OPEN O PENTEn +�n nnn COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ is U-,Oo A CLAIMS MADE FX] OCCUR CPP129949A 6/21/2008 6/21/2009 MED EXP(Any oneperson) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY M JECOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 A ALL OWNED AUTOS CA129949A 6/21/2008 6/21/2009 BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ X MCS90 PROPERTYDAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 5,000,000 A DEDUCTIBLE CU129949A. 6/21/2008 6/21/2009 $ RETENTION $ $ WORKERS COMPENSATION ND WC STATII_ I JOTH- 2R'iLIM_LlSL I ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED E.L.DISEASE-EA EMPLOYEE$ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ B OTHER Excess Liability TBD062108 6/21/2008 6/21/2009 Limit 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Tigard, officers,employees,agents & representatives are named as additional insured with respect to the operations of the named insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Tigard EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn: Terry Mucalt 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 13125 SW Hall Blvd FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Tigard, OR 97223 INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE W vanDoorninck/KC ACORD 25(2001/08) ©ACORD CORPORATION 1988 INS025(0108).08a Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER 'i he Certificate of insurance on the reverse side of this farm does not cunstituie a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) INS025(0108).08a Page 2 of 2 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: Boiler and Machinery Coverage Part Commercial Automobile Coverage Part Commercial Crime Coverage Form/Commercial Crime Policy Commercial General Liability Coverage Part Commerical Inland Marine Coverage Part Commercial Property Coverage Part Commercial Output Policy- Property Coverage Part Commercial Output Policy- Income Coverage Part Workers' Compensation and Employers' Liability Coverage Past THIS ENDORSEMENT CONTAINS PROVISIONS THAT ABRIDGE OR RESTRICT RIGHTS OF COVERAGE UNDER THE POLICY. 1. Coverage for additional insured will automatically be provided under this policy when the named insured is required by specific written contractual agreement to include such entity as an additional insured. 2. The coverage provided the additional entity is limited to liability arising out of the named insured's operations. MLXB172 0101 Page 1 of 1 ACORD,M CERTIFICAI OF LIABILITY INSURAN OPID BR DATE(MMIDD/YYYY) BRETT-1 06/20/08 PRODUCER THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Leonard Adams Insurance, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5201 SW Westgate Dr, Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97221 Phone: 503-296-0077 Fax:503-296-0044 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: North Pacific Insurance Co -23892 INSURER B: SAIF Bretthauer Road Oil Company INSURER C- P.O. BOX 898 INSURER D. f Hillsboro OR 97123 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS MSR-ADD' POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE(MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE D -AGE $ 1,000, 000 AGE-ID-RENTED A X X I COMMERCIAL GENERAL LIABILITY 005159959 04/01/08 04/01/09 PREMISES(Ea occurence) $ 100,000 CLAIMS MADE X] OCCUR MED EXP(Any one person) $ 5, 000 X Contractual PERSONAL&ADV INJURY $ 1,000,000 X WA Stop Gap GENERAL AGGREGATE $ 2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2, 000, 000 X POLICY n JE O n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO C05159959 04/01/08 04/01/09 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 A X OCCUR CLAIMS MADE C05159959 04/01/08 04/01/09 AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ --J_ WORKERS COMPENSATION AND- � WC S ORY' BEMPLOYERS'LIABILITY —J ANY PRO PR I ETO R/PARTNER/EXECUTIVE 408405 07/01/07 07/01/08 EL.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Tigard is an Addiitonal Insured regarding their interest in the operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION CITYOTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Tigard NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ATTN: Jaime Marshall IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 13125 SW Hall Blvd Tigard OR 97223 REPRESENTATIVES. AUTHORIZED REPRESENT Mary Abbe �JFFJJrr ACORD 25(2001/08) ©ACORD CORPORATION 1988 Form W-9 Request for Taxpayer Give form to the (Rev. March 1994) Identification Number and 'Certification requester. Do NOT Department of the Treasury send to the'IRS. Intemal Revenue service 'Jame(If joint names,list first and circle the name of the person or entity whose number you enter in Part I below.See instructions on page 2 if your name has changed.) IV CIL 2111 Business name(Sole proprietors see instructions on page 2.) IZET1'HAuF-x R.*o OIL- co. loc. cL Please check appropriate box: ❑ Individual/Sole proprietor X Corporation E] Partnership ❑ Other ► Address number,street,and apt.or suite no. W ( P- ) Requester's name and address(optional) IL 0 Po E3A e City of Tigard City state,and ZIP code 13125 SW Hall Blvd. /L,LS450IC-o 9171zR- 0 Tigard, Or 91223 Taxpayer Identification Number (TIN) List account numbegs)here(optional) Enter your TIN in the appropriate box. For individuals, this is your social security number Social security number (SSN). For sole proprietors, see the instructions on page 2. For other entities, it is your employer identification number(EIN). If you do not have a OR For Payees Exempt From Backup number, see How To Get a TIN below. Withholding(See Part 11 Note:If the account is in more than one name, rJfJJ7+0J7J6 mployer identification number instructions on page 2) see the chart on page 2 for guidelines on whose 3 I Q I Z I c7 number to enter. Certification Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or(b) I have not been notified by the Internal Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup.withholding. Certification Instructions:You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, the acquisition or abandonment of secured property,cancellation of debt, contributions to an individual retirement arrangement (IRA),and generally payments other than interest and dividends,you are not required to sign the Certification, but you must provide your correct TIN. (Also see Part III instructions on page 2.) Sign Here Signature ► .�65/O�.v Date 0- Section Section references are to the Internal payments under certain conditions.This is interest and dividend accounts opened Revenue Code. called "backup withholding." Payments after 1983 only), or k b t t b s could be subject backup Purpose of Form.—A person who is that 5. You do not certify your TIN. See the required to file an information return with withholding include interest, dividends, Part III instructions for exceptions. the IRS must get your correct TIN to report broker and barter exchange transactions, income paid to you, real estate rents, royalties, nonemployee pay, and Certain payees and payments are transactions, mortgage interest you paid, certain payments from fishing boat exempt from backup withholding and the acquisition or abandonment of secured operators. Real estate transactions are not information reporting. See the Part 11 property, cancellation of debt, or subject to backup withholding. instructions and the separate Instructions contributions you made to an IRA. Use If you give the requester your correct for the Requester of Form W-9. Form W-9 to give your correct TIN to the TIN, make the proper certifications, and How To Get a TIN.—If you do not have a requester(the person requesting your TIN) report all your taxable interest and TIN, apply for one immediately.To apply, and, when applicable, (1)to certify the TIN dividends on your tax retum,your get Form SS-5,Application for a Social you are giving is correct(or you are waiting payments will not be subject to backup Security Number Card(for individuals), for a number to be issued), (2)to certify withholding. Payments you receive will be from your local office of the Social Security you are not subject to backup withholding, subject to backup withholding if: Administration, or Form SS-4,Application or(3)to claim exemption'from backupfor Employer Identification Number(for withholding if you are an exempt payee. 1. You do not furnish your TIN to the businesses and all other entities), from Giving your correct TIN and making the requester, or your local IRS office. appropriate certifications will prevent 2. The IRS tells the requester that you If you do not have a TIN;write"Applied certain payments from being subject to furnished an incorrect TIN, or For" in the space for the TIN in Part I, sign backup withholding. 3.The IRS tells you that you are subject and date the form, and give.it to the Note:If a requester gives you a form other to backup withholding because you did not requester. Generally, you will.then have 60 than a W-9 to request your TIN, you must report all your interest and dividends on days to get a TIN and give it to the use the requester's form if it is substantially your tax return (for reportable interest and requester. If the requester does not receive similar to this Form W-9. dividends only), or your TIN within 60 days, backup What Is Backup Withholding?—Persons 4. You do not certify to the requester withholding, if applicable, will begin and making certain payments to you must that you are not subject to backup continue until you furnish your TIN. withhold and pay to the IRS 31% of such withholding under 3 above(for reportable Cat.No. 10231X Form W-9 (Rev.3-94) Form W-9(Rev.3-94) Page 2 Note:Writing "Applied For"on the form If you are exempt from backup TIN whether or not you are required to file means that you have already applied for a withholding, you should still complete this a tax return. Payers must generally TIN OR that you intend to apply for one form to avoid possible erroneous backup withhold 31% of taxable interest, dividend, soon. withholding. Enter your correct TIN in'Part and certain other payments to a payee As soon as you receive your TIN, I, write "Exempt" in Part II, and sign and who does not give a TIN to a payer, complete another Form W-9, include your date the form. If you are a nonresident Certain penalties may also apply. TIN, sign and date the form, and give it to alien or a foreign entity not subject to the requester. backup withholding, give the requester a What Name and Number. TO completed Form W-8, Certificate of Give the Requester Penalties Foreign Status. q Failure To Fumish TIN.If you fail to Part III—Certification For this type of account: Give name and+SSN of: furnish your correct TIN to a requester, you For a joint account, only the person whose 1• Individual The individual are subject to a penalty of$50 for each TIN is shown in Part I should sign*. 2. 'Two or more The actual owner of the such failure unless.your failure is due to individuals(joint account or,it combined reasonable cause and not to willful neglect. 1. Interest, Dividend, and Barter account) funds,the first'individual Exchange Accounts Opened Before 1984 on the account' Civil Penalty for False Information With and Broker Accounts Considered Active 3. Custodian account o/ The minor a minor(Uniform Gift Respect to Withholding.—If you make a During 1983.You must give your correct to Minors Act) false statement with no reasonable basis TIN, but you do not have to sign the 4. a. The usual The grantor-trustee that results in no backup withholding, you certification. revocable savings are subject to a$500 penalty. trust(grantor is 2. Interest, Dividend, Broker, and also trustee) Criminal Penalty for Falsifying Barter Exchange Accounts Opened After b. So-called trust The actual owner Information.—Willfully falsifying 1983 and Broker Accounts Considered account that is not a legal or valid trust certifications or affirmations may subject Inactive During 1983. You must sign the under state law you to criminal penalties including fines certification or backup withholding will 5. Sole proprietorship The owner' and/or imprisonment. apply. If you are subject to backup Misuse of,TINs.—If the requester withholding and you are merely providing For this type of account: Give name and EIN of: discloses or uses TINS in violation of your correct TIN to the requester, you must 6. Sole proprietorship The owner' Federal law, the requester may be subject cross out iters 2 in the certification before 7. A valid trust,estate,or Legal entity . to civil and criminal penalties. signing the form. pension trust 8. Corporate The corporation 3. Real Estate Transactions. You must 9. Association,club, The organization Specific Instructions sign the certification. You may cross out religious,charitable, item 2 Of the certification. educational,or other Name.—If you are an individual, you must Ptax-exempt y 4. Other Payments. You must give your organization generally enter the name shown on your correct TIN, but you do not have to sign 10. Partnership The partnership social security card. However, if you have the certification unless you have been 11. A broker or registered The broker or nominee changed your last name, for instance, due notified of an incorrect TIN. Other nominee to marriage, without informing the Social payments include payments made in the 12. Account with the The public entity Department of Security Administration of the name course of the requester's trade or business Agnculture in the name change, please enter your first name, the for rents, royalties, goods(other_than bills of a'public entity(such last name shown on your social security for merchandise), medical and health care as a state or local card, and your new last name. government,school services, payments to a nonemployee for district,or prison)that Sole Proprietor.—You must enter your services(including attorney and accounting receives agricultural individual name. (Enter either your SSN or fees), and payments to certain fishing boat program payments EIN in Part I.)You may also enter your crew members. List first and Circe the name of the person whose business name or"doing business as" 5. Mortgage Interest Paid by You, number you furnish. name on the business name line. Enter Acquisition or Abandonment of Secured 'Circle the minor's name and furnish the minor's SSN. your name as shown on your social security card and business name as it was Property, Cancellation of Debt, or IRA 'You must show your individual name,but you may also Contributions.You must give your correct enter your business or"doing business as'name.You used to apply for your EIN on Form SS-4. TIN, but you do not'have to sign the may use either your SSN or EIN.. Part I—Taxpayer Identification Number certification. 'List first and circle the name of the legal trust,estate, or pension trust.(Do not furnish the TIN of the personal (TIN) Privacy Act Notice representative or trustee unless the legal entity itself is not designated in the account title.) You must enter your TIN in the appropriate Section 6109 requires you to give y4r Note:If no name is circled when more than one box. If you are a sole proprietor, you may correct TIN to persons who must file'I name is listed, the number will be considered to enter your SSN or EIN. Also see the chart information returns with the IRS to report be that of the first name listed. on this page for further clarification of interest, dividends, and certain other name and TIN combinations. If you do not income paid to you, mortgage interest you have a TIN, follow the instructions under paid, the acquisition or abandonment of How To Get a TIN on page 1. secured property, cancellation of debt, or Part II—For Payees Exempt From contributions you made to an IRA. The IRS Backup Withholding uses the numbers for identification purposes and to help verify the accuracy Individuals (including sole proprietors)are of your tax return. You must provide your not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. For a complete list of exempt payees, see the separate Instructions for the Requester of Form W-9. 'U.S.Government Printing office 1905—387.095r20o79 ITP City of Tigard March 31,2011 Bretthauer Oil Company V =Q_U Attn: Steve Bretthauer PO Box 898 Hillsboro, OR 97123-0898 Dear Mr.Bretdiauer: The City of Tigard will not be renewing its contracts for trach:sealing with Bretthauer Road Oil. I would like to thank you and your organization for the co-operation they have given us for all these years. Thank you, 169 ( . Michelle Wright Business Manager 503-718-2445 n-ichelIew c1,tigg d or.gov 13125 SW Hall Blvd. o Tigard, Oregon 97223 o 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov