Charles Ahuna Contractor, Inc ~ C140033 City of Tigard - Contract Summary Form
(Form must accompany every contract)
Contract Title: Modular Building Roof Repair Number: ( ,/ OC•33
Contractor: Charles Ahuna Contractor, Inc. Contract Total: $9,600
Summary Overview: To reroof the two police modulars. Tear off existing and replace with new roof.
Initial Risk Level: ❑Extreme ❑High J Moderate ❑ Low
Risk Reduction Steps: All appropriate insurance submitted.
....c.a 1 ..,.. S4,O., rA. p e3 4--.
Contract Mgr: Nick Nissen Ext: 2605 Dept: Property Managemei
Type: ❑Purchase Agreement ❑Personal Service p General Service ❑Public Improvement ❑IGA
❑Other Start: 10/14/2013 End: 2/28/2014
Firm Amount/Score
Quotes/Bids/Proposals: Charles Ahuna Contractor, Inc. 95%
Account String Fund-Division-Account Work Order-Activity Type Amount
Year 1 650.6400.54001 $9,600
Year 2
Year 3
Year 4
Year 5
Approvals LCRB Date
Department Comments:
Department Signature: ' _–.��
Contracting Comments:
Contracting Signature:
City Manager Comment —.....-- "Mb ._
City Manager Signature:
Contract CJ` 0033
•
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
MODULAR BUILDINGS ROOF REPAIR
THIS AGREEMENT made and entered into this 14th day of October, 2013 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Charles Ahuna
Contractor, Inc.,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 roof repair on two City modular structures 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 February 28, 2014. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Nine Thousand Six Hundred and No/100
Dollars ($9,600.00) for performance of those services described herein, which payment shall be based
upon the following applicable terms:
A. The City shall make an initial payment of Four Thousand Eight Hundred and No/100 Dollars
($4,800.00) prior to commencement of the work.
B. Payment after the initial payment shall 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.
C. 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.
D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials
for the prosecution of this work.
E. 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.
F. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. 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.
H. 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.
I. 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.
J. 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.
4. 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.
5. 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 CHAMPS AHUNA CONTRACTORS,INC.
Attn: Nick Nissen, Property/Fleet Super. Attn: Charles Ahuna
Address: 13125 SW Hall Blvd. Address: 7155 Red Prairie Road
Tigard, Oregon 97223 Sheridan, Oregon 97378
Phone: (503) 718-2605 Phone: (503) 843-4817
Fax: (503) 684-7297 Fax: (Project Mgr's fax #)
Email: ngn @tigard-or.gov Email: (Contact email)
General Services Agreement 2 1 P a g c
6. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before completion of
the work or the 28th of February, 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.
7. 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.
8. 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,
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.
9. 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 659A.142, and all regulations and administrative rules established
pursuant to those laws.
10. INDEMNITY
Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers, employees,
agents and representatives from and against all liability, claims, costs, 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 in performance of this contract,
except, however, that the foregoing shall not apply to liability that arises out of the City's,its officers,
employees,agents and representatives sole negligence. If any aspect of this indemnity shall be found
to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
remainder of this indemnification.
11. 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.
General Services Agreement 3 P a g c
•
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 (CG 2010 1185 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 2,000,000
Products-Completed Operations Aggregate 2,000,000
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
Contractor shall also obtain, at contractor's expense, and keep in effect during the tenu of the
contract, Commercial Automobile Liability coverage including coverage for all owned, hired,
and non-owned vehicles on an"occurrence" form. The Combined Single Limit per occurrence
shall not be less than$1,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract,business automobile liability coverage for all owned vehicles on an"occurrence" form.
The Combined Single Limit per occurrence shall not be less than$1,000,000.
C. Workers' Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-
of-state employers must provide Oregon workers' compensation coverage for their workers
who work at a single location within Oregon for more than 30 days in a calendar year.
Contractors who perform work without the assistance or labor of any employee need not
obtain workers' compensation coverage. All non-exempt employers shall provide
Employer's Liability Insurance with coverage limits of not less than $1,000,000 each
accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers, employees, agents and representatives as additional
insureds with respect to this contract.
General Services Agreement 4 I P a g c
•
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
G. 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 effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the below address prior to
coverage expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are used
in ORS 30.265.
Primary Coverage Clarification
The parties agree that Contractor's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
General Services Agreement 5 p A c
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance 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.
12. 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.
13. 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 Chapters 279A, 279B, and 279C, the provisions of
which are hereby made a part of this agreement.
14. 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.
15. 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.
16. 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.
17. 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
General Services Agreement 6 I P a g c
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 CHARLES AHUNA C•NTRACTOR,INC.
By:Authorized City Representative By: APPorized Contract, Representative
Date Date
General Services Agreement 7 Is
EXHIBIT A
SCOPE OF SERVICES
Contractor shall be responsible for the following services on two of the City's modular buildings located at
13125 SW Hall Boulevard,Tigard, Oregon 97223:
Roof Repair to Modular Structures
• Tear off existing composition roofing
• Inspect sheeting for dry rot and make repairs as needed
Carpentry repairs shall be billed at time ($55/hour) plus materials
• Apply #30 lb felt over sheeting
• Apply thirty (30) year architectural fiberglass composition roof
• Haul away all related roof debris
• Three (3) year warranty on workmanship
• Thirty (30) year warranty on composition shingles
Contractor understands work will be done in a sensitive work environment with Tigard Police Department
activity occurring within the building. Contractor shall take the utmost effort to ensure little to no
disruption of the Police Department.
General Services Agreement 8 1 P a g c