Five Star Builders, Inc ~ C150060 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUST ACCOMPANY EVERY CONTRACT
Contract Title: Concrete Sidewalk Repair Number: C150060
Contractor: Five Star Builders Contract Total: $9,500.00
Contract Overview: Perform concrete flat work placement and repair at the Library.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate X Low
Risk Reduction Steps: Ensure work area is properly cordoned off and work area is clearly marked. Anv and
all pedestrian and vehicular traffic is safely directed away from area during the construction period
Risk Comments:
Risk Signature:
Contract Manager: Kevin M. Cole Ext: 2588 Department: PW
Type: ❑ Purchase Agreement ❑ Personal Service X General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: Upon Signatures End Date: 3/31/2015_
Quotes/Bids/Proposal: FIRM AMOUNT/ ORE
Five Star Builders Direct Appointment
Account String: Fund-Division-Account Work Order—Activity TvFe Amount
Year 1 650-6400-54101 41000 $9,500
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
Department Comments: Direct Appointment
Department Signature: t
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract O0(D(�
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
LIBRARY SIDEWALK REPAIR
THIS AGREEMENT made and entered into this 2" day of February, 2015 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Five Star Builders, 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 removal and replacement of a 12'x15'x6" area of
concrete sidewalk at the Tigard Public Library 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 March 31, 2015. 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 Five Hundred and No/100
dollars ($9,500.00) 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 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 during the current fiscal year. Appropriations for future fiscal years shall be subject
to budget approval by the City Council.
4. PREVAILING WAGE
While the City and Contract enter into this Agreement with the understanding that the work to be
completed does not initially exceed$$50,000 and therefore does not initially require the provisions of
ORS Chapters 279A and 279C or other Oregon and Federal provisions pertaining to minimum
salaries and wages, the said provisions are incorporated herein by reference as if fully set forth in the
event the contract is amended to exceed$$50,000 at any point.
The Contractor agrees that, in the event the contract ever exceeds $50,000, the workmen in each
trade or occupation required for the work to be done pursuant to the contract, employed in the
performance of the Contract, either by the Contractor or Subcontractor or other person doing or
contracting to do any part of the work contemplated by the Contractor shall be paid not less than
the prevailing,minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor.
This includes any required back pay for work done while the contract was under$50,000. Once the
project exceeds the $50,000 threshold, all employees shall be entitled to back pay equal to or greater
than the waged required under BOLI laws.
If the contact reaches $50,000 or greater through change orders, the Contractor shall pay a fee equal
to one-tenth of one percent (.001) of the price of the contract to the Bureau of Labor and
Industries. The fee shall be paid on or before the first progress payment or 60 days from the date
work first began on the contract,whichever comes first. The fee is payable to the Bureau of Labor
and Industries and shall be mailed or otherwise delivered to the Bureau at the following address;
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Bureau of Labor and Industries
Wage and Hours Division
Prevailing Wage Unit
800 NE Oregon Street, # 32
Portland, Oregon 97232
Also in the event the contract reaches $50,000 through change orders or amendments, the
Contractor shall provide proof to the City that the Contractor has filed a public works bond with a
corporate surety in the amount of $30,000 with the Construction Contractors Board as required
under Oregon PWR law.
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:
Attn: Kevin Cole,Fleet/Facilities Supervisor Attn: Tina Lucia
Address: 13125 SW Hall Boulevard Address: PO Box 555
Tigard, Oregon 97223 Banks,Oregon 97106
Phone: (503) 718-2588 Phone: (503) 324-5220
Fax: (503) 684-7297 Fax: (503) 324-0883
Email: kevinc,_,ri ark d^or.gov Email: tina ,five-star-builders.com
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the 190' day of
June, 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.
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,
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
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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-DISCRIMIINATION
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.
11. INDEMINITY
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.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover 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 (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 3,000,000
Products-Completed Operations Aggregate 2,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (any one fire) 50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and
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non-owned vehicles on an"occurrence" form.The Combined Single Limit per occurrence shall not
be less than$2,000,000.
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$$2,000,000.
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.
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.
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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.
I. 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
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. CITY OF TIGARD BUSINESS LICENSE
Contractor shall obtain, prior to the execution of any performance under this Agreement, a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a December
31 st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a
pro-rated fee though the end of the calendar year.
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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 tbis 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 Exhibits,
the provision in the main body of the Agreement shall control.
No waiver, consent,modification, or change of terms of this Agreement shall bind either party unless
in writing and signed by both parties. Such waiver, consent,modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor, by the signature of its authorized representative, hereby acknowledges that he/she 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 IGARD g
r FIVE STAR B ILDERS,INC.
By:Authorized City Representati By:Authoriz Contractor Represeto ve
JA l i`1 � cl I '.90)
Date Date
71Paige
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following services under this Agreement:
Location: Tigard Public Library, 13500 SW Hall Boulevard,Tigard, Oregon 97223
1. Remove and replace damaged 12'x15'x6" area of concrete sidewalk at the main entrance. Additional
work may be requested on an on-call basis not to exceed this contract amount.
2. Saw cut as necessary. Remove all damaged concrete and haul off site to proper recycling facility.
3. Place and finish new 3,000 psi concrete 6" deep after complete compaction of sub grade.
4. Finish shall match existing;all contraction and expansion joints to match exactly to existing.
5. Construction area to be clearly cordoned off to mitigate public safety concerns before, during and after
repair.
6. Freshly finished concrete will be protected from damage and vandalism unit concrete has hardened
beyond the point of being easily damaged or written in.
7. All work will commence on a Thursday when the library is closed.
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