Diversified Roofing And Construction LLC ~ C170085 CITY OF TIGARD.OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUS T ACCOMPANY EVER Y CONTRACT)
Contract Title: Concrete Roofing Repair and Maintenance Number: C170085
Contractor: Diversified Roofing and Construction LLC Contract Total: $75,000.00
Contract Overview- Clean and repair failing roof areas including but not limited to seams, surface and
parapet-Walls.
Initial Risk Level. ❑ Extreme ❑ High Q Moderate Low
Risk Reduction Steps- Ensui.e work area is properly cordoned off and-cork area is clearly marked. Ensure
HVAC units on roof are shut down when odors are present. City staff will be notified prior toe the
commencement of work.
Risk Comments:
Risk Signature-
Contract Managet: Kelvin M. Cole Ext 2588 Department: CS
Type- ❑ Purchase Agreement ❑ Personal Service X General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date.Uyon Approval End Date-June 30, 2022
Quotes/Bids/Proposal FIRM AMOUNT/SCORE
Diversified Roofing&Construction LLC 39.380.00
Progressive Roofing 59.025..00
Snyde.t Roofing 133.486.00
Account String- Fund-Division-Account Work Order—Activity TVe Amount
Year 1 650-6400-56002-41000 R&M Facilities As Expended
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
Department Comments:
Department Signature:
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.
CVK
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
POLICE DEPARTMENT AND CITY HALL ROOF REPAIR AND MAINTENANCE
THIS CONTRACT,made and entered into this 15s'day of February,2017,by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City" and Diversified Roofing and
Construction LLC hereinafter called"Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS,time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Bid Proposal;
THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement shall consist of the following
A. Seams&Cleaning of Police Department and City Hall roof
B. Repair approx 2796 Square Feet of roof.
C. Five-Year Maintenance of roof
1. Pr*mMU Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining
to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor
agrees that 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,and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for
those labor and services and withhold these amounts from payment s that are due the Contractor in
accordance with ORS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work 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. Contractor shall also require in
every subcontract to this Agreement that the subcontractor file a public works bond with the
Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless
otherwise exempt.
PI Agreement—Revised 11/19/2013
For contracts$50,000 or greater,the City 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 sixty(60) days from the date work first began,whichever comes first.
3. Pre-Construction Conference
Contractor and listed subcontractors shall attend and participate in any pre-construction conferences
described or listed in the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared
by the City and performance pertaining to this Agreement,in the City of Tigard, Oregon,and by this
reference made a part hereof to the same legal force and effect as if set forth herein in full. The contract
documents include the documents with the following titles that are bound in the solicitation documents
and the standard documents comprised of the Oregon Standard Specification for Construction, 2008,
Volume 1 and Volume 2.
Solicitation Documents
Bidding Requirements and Procedures
Award and Execution of Contract
Proposal
Bid Bond Form
Public Improvement Contract
Performance Bond
Payment Bond
Supplementary General Conditions
Special Provisions
Drawings
Standard Documents
General Conditions (Oregon Standard Specification for Construction,2008,Volume 1 as amended by
the Special Provisions)
Standard Specifications (Oregon Standard Specification for Construction,2008,Volume 2 as amended
by Technical Specifications)
City of Tigard Public Improvement Design Standards
5. City's Reyresentative
For purposes hereof, the City's authorized representative will be Kevin Cole who can be reached by
telephone at(503) 718-2588 or by email at kevinc ,tigard-or.gov.
6. Contractor's Representative
For purpose hereof,the Contractors authorized representative will be Jeremy White who can be reached
by telephone at (971)266-6912 or by email at diversified.roofna,yahoo.com .
PI Agreement—Revised 11/19/2013
7. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
& C mVensation
A. Progress Payments: City agrees to pay Contractor Seventy Five Thousand and No/100
Dollars($75,000.00)for performance of those services provided hereunder,which payment shall
be based upon the following applicable terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or
performed according to the terms of the Agreement. The Contractor understands and agrees
that Pay Item quantities listed in the Schedule of Items do not govern payment
Payment constitutes full compensation to the Contractor for furnishing all materials,equipment,
labor,and incidentals necessary to complete the Work,and for risk,loss,damage,and expense
arising from the nature or prosecution of the Work or from the action of the elements,subject
to the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance
for the Project in the unit price for each Pay Item of Work to be performed
When the specifications state that the unit price for a Pay Item is compensation for certain
materials or work essential or incidental to the Pay Item,the same materials or work will not be
measured or paid under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd,
Tigard, Oregon 97223, a statement of services rendered, indicating the description of each
service used in the proposal and the dollar amount of each service completed through the state
date,together with a request for payment duly verified by the Contractor's Representative and
copies of certified payroll statements.
Payment by the City shall release the City from any further obligation for payment to Contractor
for services performed or expenses incurred as of the date of the statement of services. Payment
of installments shall not be considered acceptance or approval of any work or waiver of any
defects therein. City certifies that sufficient funds are available and authorized for expenditure
to finance costs of this contract during the current fiscal year. Funding in future fiscal years shall
be contingent upon budgetary approval by the Tigard City Council.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required
proof of payment to subcontractor and suppliers is not included with a statement.
As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold
25%of any progress payment amounts owed to Contractor if Contractor has failed to file certified
statements with the City.
PI Aglreement—Revised 11/19/2013
B. Timing of Payments: Progress payments,less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the
statement of services. The Contractor agrees that the "Time of Completion" is defined in the
Bid Proposal,and agrees to complete the work by said date. The Contractor and City agree that
the City will suffer damages each day the work remains uncompleted after the Time of
Completion and that the amount of those damages are difficult to calculate. Contractor and
City agree that a reasonable amount of damages for late completion is $500.00 per day and
Contractor agrees to pay damages in that amount if the work is not completed by the Time of
Completion.
C. Final Payment:The Contractor shall notify the City in writing when the Contractor considers
the project complete,and the City shall,within 15 days after receiving the written notice,either
accept the work or notify the Contractor of work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor,including the retained
percentage,shall be paid to the Contractor,by the City within 30 days after the date of said final
acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per month
on the final payment due the Contractor, to commence 30 days after the work under the
Contract has been completed and accepted and to run until the date when final payment is
tendered to the Contractor. If the City does not,within 15 days after receiving written notice of
completion,notify the Contractor of work yet to be performed to fulfill contractual obligations,
the interest provided by this subsection shall commence to run 30 days after the end of the 15-
day period
As a further conditions of final acceptance, the City may require the Contractor to submit
evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens,the Contractor may submit in lieu of evidence of payment,a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
9. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is and shall
be deemed to be an independent Contractor as defined by ORS 670.600 and not an employee
of City,shall not be entitled to benefits of any kind to which an employee of City is entitled and
shall be solely responsible for all payments and taxes required by law. Furthermore,in the event
that Contractor is found by a court of law or any administrative agency to be an employee of
City for any purpose,City shall be entitled to offset compensation due,or to demand repayment
of any amounts paid to Contractor under the terms of this Agreement,to the full extent of any
benefits or other remuneration Contractor receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make(to Contractor or to
a third party) as a result of said finding.
PI Agreement—Revised 11/19/2013
B. The undersigned Contractor hereby represents that no employee of the City,or any partnership
or corporation in which a City employee has an interest,has or will receive any remuneration of
any description from Contractor, either directly or indirectly,in connection with the letting or
performance of this Agreement,except as specifically declared in writing.
C. If this payment is to be charged against Federal funds,Contractor certifies that he or she is not
currently employed by the Federal Government and the amount charged does not exceed his or
her normal charge for the type of service provided.
D. Contractor and its employees,if any,are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
E. 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 31st 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.
F. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
10. Subcontracts-Assi un—ent&Delegation
Contractor shall submit a list of Subcontractors for approval by the City,and Contractor shall be fully
responsible for the acts or omissions of any Subcontractors and of all persons employed by them,and
neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to
create any contractual relation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of City,and any assignment or delegation in violation hereof shall be void.
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PWR Law specified minimum wage.
11. Contractor-Payment of Benefits-Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract;
2) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
3) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on
account of any labor or material furnished;
PI Agreement—Revised 11/19/2013
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid
each worker which the Contractor or the Subcontractor has employed upon such public work,
and further certifying that no worker employed upon such public work has been paid less than
the applicable prevailing rate of wage,which certificate and statement shall be verified by the
oath of the Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's Surety
that the Contractor or Subcontractor has read such statement and certificate and knows the
contents thereof and that the same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll records for
the prior week, including the same and address of each worker, the worker's correct
classification,rate of pay, daily and weekly number of hours worked, deductions made
and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor
or Subcontractor to the City. A true copy of the certified statements shall also be filed
at the same time with the Commissioner of the Bureau of Labor and Industries.
Certified statements shall be submitted as follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a
period of three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a Subcontractor by any person
in connection with this contract as such claim becomes due, the proper office of the City of
Tigard may pay such claim to the person furnishing the labor or services and charge the amount
of the payment against funds due or to become due to the Contractor by reason of such contract.
Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety
from obligation with respect to any unpaid claims.
A Contractor agrees that no person shall be employed for more than ten(10)hours in any one day,
or 40 hours in any one week,except in cases of necessity or emergency or when the City deems
it in the best interest of the public or policy absolutely requires it,in which event,the person so
employed for excessive hours shall receive at least time and a half pay for the following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week
when the work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when
the work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS
279C.540.
PI Agreement—Revised 11/19/2013
E. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday,Sunday or holiday in the
fulfillment of this contract except where the Contractor agrees to reimburse the City in the
amount of money paid the employee for such work as determined by state law, the City's
personnel rules or union agreement. The Contractor shall require every subcontractor to comply
with this requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a subcontractor,
the Contractor or first-tier subcontractor shall owe the person the amount due plus interest
commending at the end of the 10 day period that the payment is due under ORS 2796580,
unless payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS
279C.515(2). If the Contractor or any subcontractor fails,neglects, or refuses to pay a person
furnishing labor or material,the person may file a complaint with the Construction Contractors
Board,unless the payment is subject to a good faith dispute as defined in ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement that the
contractor pay the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors
an interest provision for such payments in compliance with ORS 279C.580. Contractor shall
include a clause in each contract with a subcontractor requiring the subcontractor to meet the
same payment and interest standards as required by ORS 279C.580 (4).
12. Dir g Testing Prgg=
ORS 279C.505 requires that all public improvement contracts contain a provision requiring contractors
to demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a
drug-testing program is in place by signing of the contact. The drug testing program well apply to all
employees and will be maintained for the duration of the Contract awarded. Failure to maintain a
program shall constitute a material breach of contract.
13. Contractor's EnWloyee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
famishing medical, surgical,and hospital care or other needed care and attention incident to sickness
or injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services
and all money and sums which the Contractor collected or deducted from employee wages pursuant to
any law,contract or agreement for providing or paying for such service as referenced in QRS 279C.530-
14. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed upon term
by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of any
third party judicial proceeding relating to the work other than a suit or action filed in
regard to a labor dispute;or
PI Agreement—Revised 11/19/2013
2) If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and
include the day of termination and shall be in fall satisfaction of all claims by Contractor against
City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,or at
such later date as may be established by City,under any of the following conditions:
1) If City funding from federal,state,local,or other sources is not obtained and continued
at levels sufficient to allow for the purchase of the indicated quantity of services. This
Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified,changed,or interpreted in such
a way that the services are no longer allowable or appropriate for purchase under this
Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed,or
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is
fled by or against Contractor,if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City,by written notice of default(including breach of contract)to Contractor,may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement,or so fails
to pursue the work as to endanger performance of this agreement in accordance with its
terms,and after receipt of written notice from City,fails to correct such failures within
ten(10) days or such other period as City may authorize.
PI Agreement—Revised 11/19/2013
The rights and remedies of City provided in the above clause related to defaults(including breach
of contract) by Contractor shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph(b),Contractor shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,an amount which bears
the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered
by Contractor bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages,if any,sustained
by City due to breach of contract by Contractor. Damages for breach of contract shall be those
allowed by Oregon law,reasonable and necessary attorney fees, and other costs of litigation at
trial and upon appeal.
16. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts,and transcripts.
17. Work is P=,eM of City
All work performed by Contractor under this Agreement shall be the property of the City.
18. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation,and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order
11246 as amended,Executive Order 11141,Section 503 of the Vocational Rehabilitation Act of
1973 as amended and the Age Discrimination Act of 1975,and all rules and regulations issued
pursuant to the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes,
ordinances and regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that affect the work under this contract are by reference
incorporated herein to the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to the enactment of new or the amendment of existing
statutes,ordinances or regulations occurring after the submission of the successful bid,the City
shall issue a Change Order setting forth the additional work that must be undertaken. The
Change Order shall not invalidate the Contract and there shall be,in addition to a reasonable
extension,if necessary, of the contract time, a reasonable adjustment in the contract price, if
necessary,to compensate the Contractor for all costs and expenses incurred,including overhead
and profits,as a result of the delay or additional work.
Pursuant to ORS 279C.525(1),the following list identifies Governmental Agencies of which the
City has knowledge that have enacted Environmental Laws which may affect the performance of
the work:
PI Agreement—Revised 11/19/2013
FEDERAL AGENCIES
➢ Agriculture
• Department of Forest Service
• Soil Conservation Service
➢ Defense
• Department of Army Corps of Engineers
Energy
• Department of Federal Energy Regulatory Commission
A Environmental Protection Agency
Y Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
A Interior,Department of
• Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
• Bureau of Land Management
• Bureau of Mines
• Bureau of Indian Affairs
• Bureau of Reclamation
• Geological Survey
• Minerals Management Service
y' Labor,Department of
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
Transportation,Department of
• Coast Guard
• Federal Highway Administration
Water Resources Council
STATE AGENCIES
i> Administrative Services,Department of
➢ Agriculture,Department of
Columbia River Gorge Commission
Y Consumer&Business Services,Department of Oregon Occupational Safety&Health
➢ Division
Y Energy,Department of
➢ Environmental Quality,Department of
➢ Fish and Wildlife,Department of
t> Forestry,Department of
Geology and Mineral Industries,Department of
i> Human Resources,Department of
Land Conservation and Development Commission
Parks and Recreation,Department of
Soil and Water Conservation Commission
PIAgwxmwt—Revised 11/19/2013
i> State Engineer
i0 State Land Board
Water Resources Board
LOCAL AGENCIES
➢ City Council
County Court
i' County Commissioners,Board of
Y Port Districts
y' Metropolitan Services Districts
County Service Districts
i> Sanitary Districts
> Water Districts
r� Fire Protection Districts
19. Changes
City may at any time,and without notice,issue a written Change Order requiring additional work within
the general scope of this Contract,or any amendment thereto,or directing the omission of or variation
in work. If such Change Order results in a material.change in the amount or character of the work,an
equitable adjustment in the Contract price and other provisions of this Contract as may be affected may
be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing
within thirty(30) days from the date of receipt by Contractor of the notification of change or the claim
will not be allowed. Whether made pursuant to this section or by mutual agreement,no change shall be
binding upon City until a Change Order is executed by the Authorized Representative of City,which
expressly states that it constitutes a Change Order to this Contract. The issuance of information,advice,
approvals, or instructions by City's Representative or other City personnel shall not constitute an
authorized change pursuant to this section. Nothing contained in this section shall excuse the
Contractor from proceeding with the prosecution of the work in accordance with the Contract, as
changed.
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,volcano,
earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually
severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so
disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing
of the causes 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 Contract.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of
this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to
any extent of its right to assert or rely upon such terms or rights on any future occasion.
PI Agreement—Revised 11/19/2013
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final acceptance
of the work by the Owner. Contractor warrants that all practices and procedures,workmanship, and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance of
the work nor payment therefore shall relieve Contractor from liability under warranties contained in or
implied by this contract.
23. 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's fees and court costs
including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any questions arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
25. 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 and the proposal of the Contractor, this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
26. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted professional
practices and standards as well as the requirements of applicable federal., state and local laws, it being
understood that acceptance of a contractor's work by City shall not operate as a waiver or release.
Contractor agrees to indemnify and defend the City,its officers,agents and employees and hold them
harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or
expenses including attorney's fees and witness costs and(at both trial and appeal level,whether or not a
trial or appeal ever takes place)that may be asserted by any person or entity which in anyway arise from,
during or in connection with the performance of the work described in this contract, except liability
arising out of the negligence of the City and its employees. 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 validity
of the remainder of this indemnification.
27. Insurance
Contractor and its subcontractors 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,including the operations of its subcontractors of any tier. Such
insurance shall include provisions that such insurance is primary insurance with respect to the interests
of City and that any other insurance maintained by City is excess and not contributory insurance with the
insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
PI Agreement—Revised 11/19/2013
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 coveting 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
amelCoverage 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
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 carriers)with an unacceptable financial rating.
PI Agreement—Revised 11/19/2013
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.
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.
PI Agreement—Revised 11/19/2013
28. Method and Place of Giving Notice,Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery or by mail.
Notices,bills and payments sent by mail should be addressed as follows:
CITY OF nGARD DIVERSIFIED ROOFING&CONSTRUCTION LLC
Attn: Kevin Cole Atm: Jeremy White
Address: 13125 SW Hall Blvd Address: 20203 NW Green Mt Rd f F0 33q�
Tigard,Oregon 97223 Banks OR 97106
Phone: (503) 718-2588 Phone: - 503-g L%—M b wy
Email: kevincQdpard-or.gpv Email: diversifie ro f hoo.com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances,notices,bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices,bills and payments
are to be given by giving written notice pursuant to this paragraph.
29. Hazardo xis Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance of this
Agreement. That list shall identify the location of storage and use of all such hazardous substances and
identify the amounts stored and used at each location. Contractor shall provide City with material safety
data sheets for all hazardous substances brought onto City property,created on City property or delivered
to City pursuant to this Agreement. For the purpose of this section, "hazardous substance" means
hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire Marshall's
hazardous substance survey as required by ORS 453.317 and shall assist City to complete any such survey
that it may be required to complete because of substances used in the performance of this Agreement.
30. Hazardous Waste
If,as a result of performance of this Agreement,Contractor generates any hazardous wastes,Contractor
shall be responsible for disposal of any such hazardous wastes in compliance with all applicable federal
and state requirements. Contractors shall provide City with documentation, including all required
manifests,demonstrating proper transportation and disposal of any such hazardous wastes. Contractor
shall defend, indemnify, and hold harmless City for any disposal or storage of hazardous wastes
generated pursuant to this Contract and any releases or discharges of hazardous materials.
31. 5everabi4}y
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
32. Demolition—Salvage and Regjsijug
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition
debris if feasible and cost-effective.
33. Complete A_reement
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. No waiver,consent,modification,
PIAgreement—Revised 11/19/2013
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 Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD DIVERSIFIED R•OOFFING` &ICOSN�TRUCTION LLC
• 11�.� \�lry�l�
By. Marty Wine,City Manager By. Authorized Contractor Representative
`f•I1 3�zC1 t�
Date Date
PIAgreement—Revised 11/19/2013
EXHIBIT A
POLICE DEPARTMENT AND CITY HALL ROOF REPAIR AND MAINTENANCE
ROOF SECTION A Seams &Cleaning
1. Clean entire roof area,removing all loose minerals,dirt, debris and contaminants.The
use of TSP or Simple Green is approved for cleaning.All other products must be
submitted to Owner for approval accompanied by MSDS prior to use.
2. Once cleaned apply White Knight coating to ALL field seams at a rate of 2 gallons per
square foot(125 linear feet per gallon). Immediately imbed 4"Polyester reinforcement
into coating. It may be necessary to apply a finish topcoat after polyester have to
ensure 32 wet mils thickness.
Repair Area(Approx. 210 SF)
1. Remove single ply membrane and all wet insulation in the areas noted and properly
dispose.
2. Inspect deck and adjacent roofing ensuring all wet and or compromised decking and
insulation is removed.
3. Install new polyisocyanurate mechanically attached matching existing thickness in
areas of repair.
4. Install nein EPDM single ply membrane on corner roof area only.Three!course seams
using White knight coating and polyester reinforcement over entire area.
Replace Area (HVAC Well Approx. 760 SF)
1. Remove single ply membrane, flashings and all wet insulation in the areas noted and
properly dispose. Cut flashing a minimum 10"up parapet walls,leaving membrane
on upper walls to remain.
2. Inspect deck and adjacent roofing ensuring all wet and or compromised decking and
insulation is removed.Immediately notify Owner and Owners Representative if
concerning conditions arise.
3. Install new rigid 2"polyisocyanurate insulation and 1/2" Primed DensDeck
mechanically attached.
4. Install HPR Torch Base to all field areas and over cant strip.
5. Install Versiply 40 base flashing ply set in Flashing Bond modified mastic at all base
flashings and curbs.All flashings shall continue up wall minimum 8"and minimum 2"
into roof field over cant.
6. Install Stressply IV Mineral torch-cap ply over entire roof area.
7. Install StressPly IV Mineral torch flashing ply at all flashings and curbs. Ensure
flashings are nailed every 12" OC.
8. Install new stainless steel cap and umbrella over existing heat stack curb.
9. Apply UniBond ST adhesive tape to all HVAC duct work seams.
10. Install shop fabricated 24 gauge S Lock wall skirting on all mechanical well parapet
walls,with 24 gauge counter flashing.
11. Install new 24 gauge counter flashings on all HVAC curbs and units.
12. Install new 24 gauge raised seam coping around entire mechanical well.
13. Provide 2-year workmanship warranty on new roof.
PI Agreement—Revised 11/19/2013
ROOF SECTION B
Repair Area(Approx. 288 SF)
1. Remove single ply membrane and all wet insulation in the areas noted and properly
dispose. Remove approximately 8'x 6'area at each scupper. Include removal of
membrane over raised area approximately 20'x 6'.
2. Inspect deck and adjacent roofing ensuring all wet and or compromised decking
and insulation is removed.
3. Install new polyisocyanurate mechanically attached matching existing thickness
in areas of repair.
4. Install new single ply membrane according to manufacturers instruction. Three course all
seams using White Knight coating and polyester reinforcement over entire area.
Alternate Repair(Approx. 1728 SF)
1. Remove EPDM single ply membrane and all wet insulation in the areas noted and
properly dispose.
2. Inspect deck and adjacent roofing ensuring all wet and or compromised decking and
insulation is removed.
3. Install new polyisocyanurate mechanically attached matching existing thickness in areas
of repair.
4. Install new single ply membrane according to manufacturers instruction. Three course all
seams,using White Knight coating and polyesterreinforcemientl ov¢r entire area.
Five-Year Maintenance Contract
Contract shall include the following minimum duties and responsibilities; two yearly inspections
(spring and fall of each year),which shall be scheduled with the Owner at the beginning of each
calendar year,unless otherwise agreed by Owner.During inspection contractor shall provide the
following services:
1. Inspection and cleaning of all internal drains, scuppers and gutters. Removal and
disposal of all debris from cleaning.
2. Inspection of all roof areas including but not limited to; field, flashings,mechanical
curbs,penetrations,parapet walls,copings and walls. Contractor will provide a written
conditional assessment of all roof areas,as well as a detailed description and location of
all concerning areas.
3. Contract shall include a minimum of eight (8) man-hours per inspection which will cover
inspection, cleaning,repairing active leaks and high priority preventative repairs.All
materials will be invoiced at time of repair. Repair materials shall not exceed$500.00
dollars without prior approval.
4. Contractor shall provide predetermined man hour rates for all larger scale repairs and
replacements on a"Time and Material"basis.
5. Contractor agrees to respond to all emergency leak calls within a forty-eight (48) hour
time period. Contractor will make his best effort to make repairs within the forty-eight
hour period,unless weather will not allow or otherwise agreed by Owner.
Location: Tigard City Hall
13125 SW Hall BLVD.
PI Agreement—Re-6sed 11/19/2013
Tigard,OR 97223
Start and Completion Requirements:
1. Project will start as soon as weather conditions allow.
2. Once commenced,work shall proceed without delay in consecutive work days until
completed,unless otherwise agreed to by city.
Contractor's duties:
1. Except as otherwise specifically excluded,provide and pay for:
a. Labor,material,equipment and required safety equipment.
b. Tools, construction equipment and machinery.
c. Water, heat and utilities required for construction.
d. Other facilities and services necessary for proper execution and completion of the
work.
2. Pay legally required sales, consumer and use taxes.
3. Secure and pay for,as necessary for proper execution and completion of the work.
a. Government fees.
b. Licenses and applications.
c. State of Oregon Business License.
d. Building Permits
4. Give required notices.
5. Comply with laws,codes,ordinances,rules,regulations, orders,and other legal
requirements of public authorities that bear on perfo =ce of work.
6. Enforce strict discipline and good order among employees.All employees shall be
properly clothed with appropriate footwear.All workers must wear shirts and long pants
during work construction.
7. Will be responsible for receiving, off loading and storing all of his required supplies and
materials.
CONTRACTORS USE OF PREMISES.
A. Confine operations at site to areas permitted by:
1. Law.
2. Ordinances.
3. Permits.
4. Contract Documents.
5. Owner's requirement.
B. Do not unreasonably encumber job site with materials or equipment. Use specified areas for
storage and equipment.
C. Do not load any part of the structure with weight that will damage or endanger structure.
D. Assume full responsibility for protection and safekeeping of products stored on premises.
Protect materials against dispersion by wind forces.
E. Move any stored products that interfere with operation of Owner.
F. Obtain and pay for use of additional storage or work areas needed for operations.
G. Maintain good housekeeping at all times around site,around structure and while in the structure.
H. Use of site: Comply with cities requirements for:
1. Access and egress procedures.
2. Requirements for identification of workers.
3. Procedures for transportation of workers.
PI Agreement—Revised 11/19/2013
4. Safety and fire prevention requirements.
5. Weather emergency procedures.
6. And such other rules and procedures as the Owner may establish from time to time for
the safety and security of the entire property,job site and the project.
I. Work Hours:
1. Due to the sensitive nature of the Owners daily operations,it is imperative contractor
follows specific posted works hours. Specific work hours will be discussed during pre-bid
meeting and agree to by project team.
2. Contractor must notify the Owner in writing,48 hours prior to starting work.
1.03 OWNERS RIGHT TO ACCESS FOR OBSERVATION
A. Owner reserves the right of access to any part of the work, at any time, for the purpose of
observation.
B. Cooperate with the Owner during Owner's access for observation of work,and coordinate work
with Owner's requirements.
1.04 FIELD QUALITY CONTROL
A. The Owner shall have the right to inspect the material and workmanship of all items concerned
with these specifications and drawings and shall have free access at all times to any part of the
work.In addition the owner may have full time inspection.
B. Inspection and testing will be by the Owner or material supplier. Inspection and test may be made
on any components at any time.
PI Agreement—Revised 11/19/2013