D & F Plumbing ~ C200020 CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM
(THIS FORHMUSTACCOMPANYEVERY CONTRACT)
Contract Title: Water Heater replacement Number:
Contractor: D&F+Plumbing, Contract Total: $30,355
Contract Overview: Replace the water heaters in CH,PC,PD.PM SC and Library
Initial Risk Level: ❑ Extreme ❑High X Moderate [ Low
Risk Reduction Steps: Work area will be flagged,taped or coned off to alert staff
Risk Continents:
Risk Signature:
Contract Manager: Tustin Tames Ext: 2589 Department: Facilities
Type: ❑ Personal Svc ❑ Professional Svc' Architectural Agr ❑ Public Imp [E General Svc
Engineering Svc F-1 Other: Start Date: 8/15/2019 End Date: 6/30/2020_
Quotes/Bids/Proposal FIRM AMOUNT/SCORE
D & F Plumbing $30,355
Cascade Mechanical $35,000
Pit}eline $38,000
Account String: Fund-Divisi2ij-_&co1WI Work Order—ActivitX I=e Amount
FY 2019-20 650-6400-54001 30 355
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
1
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.'
Contract Caom-17) 0
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
WATER HEATER REPLACEMENT—CITY OFFICES
THIS AGREEMENT rnade and entered into this 15"'day of August,2019 by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City",and 1)& F Plumbing CO,hereinafter
called"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS,Contractor has submitted a 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 and install
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 installation of new hot water heaters at city owned offices
as detailed in Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate service.,;upon receipt of City's notice to proceed,together with an executed copy
of this Agreement. This Agreement shall become effective upon the date of execution and shall expire,
unless otherwise terminated or extended,on June 30,2020. -All services shall be completed prior to the
expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Thirty'11-iousand Three Hundred Fifty-Five and
No/100 Dollars ($30,355.00) 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 hen 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 falls,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 sic I sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay
ploy
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.
1. 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 may assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment has any force or effect unless and until the other party
has consented. If City agrees to assignment of tasks to a subcontract,Contractor is fully responsible
for the acts or omissions of any subcontractors and of all persons employed by them. Neither the
approval by City of any subcontractor nor anything contained herein creates any contractual relation
between the subcontractor and City. The provisions of this Agreement are binding upon and will
inure to the benefit of the parties to the Agreement and their respective successors and assigns.
5. SUBMITTING BILLS AND MAKING PAYMENT
,,U notices and bill.-,shall be made in writing and may be given by personal delivers=,mail or fax. payments
may be made by personal delivery,mail,or electronic transfer. The following addresses shall be used to
transt-nit notices,bills,payments,and other information:
gg
Attn:Justin James Attn: Brett Baldwin
Address: 13125 SW Hall Blvd. Address: 4636 N Albina Ave
Tigard,Oregon 97223 Portland,Oregon 97217
Phone: (503) 718-2589 Phone: (50.3) 282-0993
EmailEmail: Breqt0q_d-f lunibin coin
:
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6. TERMINATION
The parties agree that any decision by either party to terminate this Agreement will 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 Citi' tertriinates the contract pursuant to this
paragraph,it shall pay Contractor for services tendered prorated to the date of terrm'nation.
7. ACCESS TO RECORDS
City shall have access to such books, documents, papers and record-, 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 will 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, an act of God or of a public enemy,
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 will 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 will not be the
basis for a claim for additional compensation. Each party will, however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently
pursue performance of its obligation under the Agreement.
9. HOURS OF LABOR. PAY EQUITY
In accordance with ORS 27913.235, the following are hereby incorporated in full by this reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in
any one week, except as provided by law. For contracts for personal services, as defined in ORS
279A.055, Contractor must pay employees at least time and a half pay for all overtime the
employees work in excess of 46 hours in any one week, except for employees who are excluded
under ORS 653.010 to 653.261 or under 29 LT.S.C. 201 to 209 from receiving overtime.
B. Contractor must give notice in writing to employees vvho work on a public contract,either at the
time of hire or before commencement of work on the contract,or by positing a notice in a location
frequented by employees, of the number of hours per day and days per week that the employees
may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate
of wage,salary,benefits or other compensation with another employee or another person and may
not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or
other compensation with another employee or another person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material
element of this Agreement and failure to comply will be deemed a breach that entitles City to
terminate this Agreement for cause,
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Hot Water Tank Replacement
10. NON-DISCRIMINATION
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The 'Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub 1,No 101- 336); and
ORS 659A.142, including all amendments of and regulations and administrative rules, and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
11. 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 in-validity shall not affect the remainder of this
indemnification.
12. EXTRA(CHANGES)WO
Only the City's Project Manager for this Agreement may change or authorize additional work. Failure
of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the
contract price or contract time due to such unauthorized extra work and Contractor will not be entitled
to compensation for the performance of unauthorized work.
13. 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 covet-ages:
A. Commercial General Liabili1y Insurance
Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract,
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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:
I lot Water"Tank Replacement 4 V
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,()00,00()
Personal &Advertising Injury 1,000,00()
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor'.,, expense, and keep in effect during the term of the
contract, Conu-nercial Automobile Liability coverage including coverage for all owned, hired, and
non-owned vehicles on an"occurrence" fort-n. The Combined Single Lirnit per occurrence shall not
be less than$2,000,000.
I f Contractor uses a personally-owned vehicle for business use under this contract, the Contractor
shall obtain, at Contractor's expense, and keep 11-1 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 Ernploycr'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,shall include the Cite 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 Ci",,. All policies of insurance must be written by companies having an A.M.
Best rating of"ANIP or better, or equivalent. The City reserves the night 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 con-irnercial 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
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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 Tnsured
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
Fhe 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 Claus
A crass-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 Citv 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
Tn the event an action, suit of proceeding, including appeal, is brought for failure to observe any of
the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses,
costs and disbursements for the action, suit,proceeding,or appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS RULES
Contractor will comply with all applicable federal,state and local laws,rules and regulations applicable
to the work in this Agreement.
Hot Water Tank Replacement 6
14. CHOICE OF LAW,VENUE
The provisions of this Agreement are governed by Oregon Law. Venue \',Ill be the State of Oregon
Circuit Court in Washington County or the US District Court for Oregon,Portland.
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15. 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.
16. CONFLICT BETWEEN TERM
It is further expressly agreed by and between the parties hereto that should there be any conflict between
the ten-ns 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.
17. 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(lid not materially affect the intent of the parties when they entered into the agreement.
18. WARRANTIES
Contractor will guarantee work 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 are
the best available unless otherwise specified in the profession. Neither acceptance of the work nor
payment therefore relieves Contractor from liability under warranties contained in or implied by this
Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's services
rendered in the performance of Contractor-, obligations under this Agreement, will be provided to
the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or
assignment, and be free and clear of any and all hens, claims,mortgages, security interests, liabilities,
charges, and encumbrances of any kind.
19. SURVIVAL
The tern-is, conditions, representations, and warranties contained in this Agreement Survive the
termination or expiration of this Agreement.
20. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety and Health Administration (OSIIA)
requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon
OSI IA Hazard Communication Rules, if any goods or services provided under this Agreement may
release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use
(for example, employees of a construction contractor working on-site), it is the responsibility of
Contractor to provide the City with the following information: all applicable Safety Data Sheets, the
identity of the chemical/s, how Contractor will inform employees, about any precautions necessary,
an explanation of any labeling system,and the safe work practices to prevent exposure. In addition,
Contractor must label, tag,or mark such goods.
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21. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge,
not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters
316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political
subdivision of this state before the Contractor executed this Agreement or during the terns of this
Agreement is a default for which the City may terminate this Agreement and seek damages and other
relief available under the terms of this Agreement or applicable law.
22. 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 die Agreement shall control. In the event of an inconsistency between Exhibit A and
Exhibit B,Exhibit A 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,Cty 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 D&F WPLUT ,G C
By: Authorized City Representative By: Authorized Contractor Representative
Date Date
Hot Water Tank Replacement 8
EXHIBIT A
SCOPE OF SERVICES
Please provide a quote to replace all of the water heaters listed below with comprable Units. Please include
contractor to be responsible for all permits,electrical and venting required to install the new units.
Public Works
Table D20 Summary of Domestic Water Heating Equipment
Interior Domestic Energy Saver M-1- EE 6920706 Unknown 50 Gallons Electric 1992
Water Heater 5055DS-9 I I I
Domestic General GG4OTO6A GELN407V Natural
Interior t Unknown 40 Gallons 2007
Water Heater Electric VG01 GOI Gas
Water
American FF6150T4 Natural
Interior Water
Water Heater 0505103392 Unknown 50 Gallons 2005
Water Heater Company I 03NO Gas
Permit Center,City I Iall,Police
Table D20 Summary of Domestic Water Heating Equipment
Interior Domestic A.C.Smith BT 100 ME01- 100 Natural 2001
t
Closet Water Heater 230 1030305 Gallons Gas
I
Interior
nterior Domestic -2 C RU 50 Electric 2003
Cl Ruud PE52
Gallons
Closet Water Heater 1203R142587777
Niche
Table D20 Summary of Domestic Water Heating Equipment
Second Floor Domestic Regency M-1- DG630320 I Unknown Unknown Electric 2003
Water Heater RE12USS-P 1 9
Senior(:enter
Power vent fiLle for kitchen \VI I
Table D20 Summary of Domestic Water Heating Equipment
Domestic DCQ31100 Unknown American
100Kitchen Water Heater Water Heater 51996N 960220399 Gallons Unknown mom7
Com ny
Interior Domestic Water H er A.O.Smith 00 ECRT 80 0803J011 519 Unknown 1 80 Gallons Electric 2008
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Libr rare
Table D20 Summary of Domestic Water Heating Equipment
Interior Domesiic A.O.Smith DEU 401 to ML0400040 40
Unknown Gallons Electric 2004
Water Heater51
Interior Domestic A.O.Smith Unknown DEL 40 110 Unknown 40 Electric 2004
Water Heater Gallons
Interior Domestic A.O.Smith DEN 80 MI-0300276 Unknown 80 Electric 2004
Water Heater 920 07 Gallons
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