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Peterson Cat ~ C130091 ■ ■ City of Tigard May 31, 2016 Peterson Cat Attn:Jason Blacker 4421 NE Columbia Blvd Portland OR 97218 REF.: Generator Maintenance Period: May 1,2016 through April 30, 2017 CONTRACT NOTICE OF AWARD—RENEWAL Contract# C130091 Dear Mr. Blacker The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its third (3) one- year extension to the Contract effective from July 1, 2016 through June 30, 2017. 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 Peterson Cat. Sincerely, Jamie Greenberg Purchasing Assistant 503-718-2492 jamie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all regwrements, tterms,and conditions as set forth in the above referenced Contract. Company: /pe-,�Soo Pa&'V'< Signed: Date: _ Z D/� Printed: ~-1�7",t'r 11�"141�' i City of Tigard April 21, 2014 Peterson Cat Attn: Jason Blacker 4421 NE Columbia Boulevard Portland, OR 97218 REF.: City of Tigard Agreement Servicing of Generator Maintenance Period: May 1, 2014 through May 2, 2015 CONTRACT NOTICE OF AWARD - RENEWAL Peterson CAT Contract #C130091 Dear Mr. Blacker: The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, 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 May 1, 2014 through May 2, 2015. 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 Peterson CAT in the next year. Sincerely, f4 J�' Michelle Wright Business Manager 503-718-2445 MichelleW@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: f e�P�sv�n ©c��r_ Signed: Date: -Z Printed: C4 Apt�✓r� 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Contract Summary Form (Form Must Accompany Each Contract For Authorization) Contract Tittle. Generator MaintenancP— Number: C130091 Contractor: Peterson Cat Contract Total: $ 28,940.00 Start Date: 1-Nlay-13 End Date: 1-Ma•-14 Contract Overview: Generator Maintenance for City Buildings Contract Manager: Nick Nissan Department: Public Works (quotes/Bids/Proposal: Vendor/Firm Score/Bid Account String: GL String Project String Amount Year 1 5.30.6500.54001 $ 5,520.00 650.6400.54001 $ 1,715.O0 Year 2 Same as above $ 7,235.00 Year 3 Same as above $ 7,235.00 Year 4 Same as above $ 7,235.00 Total $ 28,940.00 Approvals and Comments Department Comments Signature: Purchasing Comments Si City Manager Comments Signature: Contract#Cl ct CITY OF TIGARD,OREGON AGREEMENT FOR SERVICEs RELATED TO GENERATOR MAINTENANCE AGREEMENT THIS AGREEMENT shade and entered into this 1" of May, 2013 by and between the Cite of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Peterson Cat, 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 hid or proposal; THEREFORE,The Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to generator maintenance as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFEC'T'IVE DATE AND DURATION Contractor shall itutiate 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 extenders, on May 1,2014. All services shall be completed prior to the expiration of this Agreement. The City and Contractor may agree to up to three (3) mutual one (1) year options.The total term of the contract cannot exceed four (4)years. 3. COMPENSATION City agrees to pay Contractor annual amount at Seven Thousand Two Hundred Thirty Five and 00/140 dollars ($7,235.00) annually for performance of those services described herein. Payments 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 claire to be filed or prosecuted against the City on any account of any labor or material furnished. Standard Purchase,Agreement—General Services Page 1 Contract# E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical, hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sutras which Contractor agrees to pay for such services and all moneys and surras which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Appropriations for future fiscal years shall be subject to budget approval by the City Council. 5. ASSIGNMENTMELEGATION 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 SILLS AND MAIONG 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 PETERSON Attn: Nicklas Nissan Attn: Jason Blacker Address: 13125 SVS'Hall Boulevard. Address: 4421 NE Columbia Boulevard Tigard,Oregon 97223 Portland,OR 97218 Phone: (03) 748-2605 Phone: (503) 280-1567 Fax:_(503) 684-8840 Fax: (503)2804552 Email Address: npnq@tigard-ongov Email Address: jrblacker eterson o °cr.corn 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 1" day of May,2014 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. Standard Purchase agreement—General Services Page 2 Contract# 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 Citv nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause,diligently pursue perfonnance 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 Citi-, 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 follov ing limits and coverage's: 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: Standard Purchase Agreement—General Services Page 3 Contract# Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 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 Li nit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to matte 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 OAS 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 OILS 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. Tl-is 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 Cit}. 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. 13. 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. 14. 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, Standard Purchase:agreement—General Services Page 4 Contract## workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 15. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 16. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 17. 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. 18. 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 OFT IGARDPr FTIGARDPE RSON CAT ff By:Authorized City Representative :Authorized Contractor Rlaresentative 6- Date Date Standard Purchase.agreement—General Services Page 5 Contract# EXHIBIT A SCOPE OF SERVICES ANNUAL SERVICE: • Green Service checking oil sample for analysis before automatically changing oil • Load test-starting engine and load with contractor supplied resistive load • Drain crankcase oil and replace with new oil • Remove and replace oil according to Green Service and fuel filters • Inspect air filter(s) • Check generator output GENERATOR INSPECTION SERVICE: Before St ting Engine: - Check engine oil and coolant levels Check block heater should maintain a coolant temperature of 90 degree in the block Check fuel level in storage tank Check batte •water level and top as necessary Check battery terminals for corrosion and conncctions for tightness lead acid With En 'ne Running; Check oil pressure Check fuel pressure Check oil level and add oil as re aired Check RPM (frequency) Check generated voltage Check for leaks or unusual noises After Sto ing Engine: Check/veri all switches are in prol2er positions for automatic start Check fuel level in tank Record battery charger volts Clean all battery connections Protide report and note any Senerator ferviee problems THREE YEAR SERVICE: • Drain and flush coolant system • Replace all coolant hoses • Replace coolant regulators (thermostat) • Replace drive belts • Replace air filter(if needed) Standard Purchase Agreement—General Services Page 6 Contract#- Lk)CATION 'NIK MODEL SERIAL ANNUAL ANNUAL ANNUAL LC] D Ti--ST SERVICE ToTAT, CanterbunT ON 2000DVF 1850777306 $ 375,00 $450-00 $825.00 F/S $160.00 119 th ON 200ODFP K860853221 $ 375-00 $ 450.00 $825.00 F/S $160.00 -, t I I Hi Torrence ON 7 5ODYC 6840719961 $-3-6000 $ 300.00 $660.00 F/S$160.00 10 MH .-ILA, C27 DW3302108 -7 85-00 $ 800.0() 1585.00 F/S$160.00 Niche A-A D100p NPS02127 $ 360.00 $375.00 S735-MO F/S$160.00 Library ON 30GGDB H030563995 $ 260.00 $ 175.00 S460.00 Public Works ON 20ODFBC 1910431283 $ 375-00 $450.00 S825M L]C-27 I J()0P _C-DB F$ 2 6 ()DI' C $ 0*00 �'B , 375-00 F/S $160.00 Police Department Mitsubishi 61)141111401111 101694 360.�o $300.00 $ 660,00 F/S$160.00 $ $ $ ToTAL PRICE $6575.00 TOTAL PRICE INCLUDING FUEL SAMPI,j--,S $7235.00 Standard Purchase Agreement—General Services Page 7