AAM, Inc ~ C150021 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(7YirsFDRMMUSTAccomPANYEVERYCOATTRAcr) G
Contract Tide: Asbestos Abatement \3LCI,�o S.C.t)AA;)i'r umber:
Contractor: AAM,Inc. Contract Total: $1,150.00
Contract Overview: City of Tigard contract for City of Tigard Asbestos Abatement—13950 SW Alpine
Crest Way,Tigard Oregon 97223 project
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps: Insurance provided in the contract received
Risk Comments:
Risk Signature:
Contract Manager: Michelle Wright Ext: 2445 Department: Public Works
Type: ❑ Purchase Agreement ❑ Personal Service ® General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date:ASAP End Date: O 31/1
Quotes/Bids/Proposal: FIRM AMOUNT/ScoRE
AAM Inc. 100
Account String: Fund-Division-Account Work Order—Activit;Tyke Amount
Year 1 420.8000.56005.92031.421.140 $1,150.00
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
Department Comments:
Department Signature: o7qq � �
Purchasing Comments: �.r cD�t .
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Dice along with a
completed Contract Checklist.
Contract 4�0
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
ASBESTOS ABATEMENT-13950 SW ALPINE CREST WAY,TIGARD OREGON 97223
THIS AGREEMENT made and entered into this 26"' day of August, 2014 by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and AAM, Inc.,
hereinafter called"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS, the City's 2014-2015 fiscal year budget provides for asbestos abatement services
related to the City's Paul Property project;and
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, Contractor holds a license issued by the Department of Environmental Quality under
ORS 468A.720;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 asbestos abatement at the structure located at
13950 SW Alpine Crest Way, Tigard, Oregon 97223 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 October 31, 2014. All
services shall be completed prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding One Thousand One Hundred Fifty and
No/100 Dollars ($1,150.00) 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. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the
written consent of the other and any attempted assignment or transfer without the written
consent of the other party shall be invalid.
5. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery,mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses shall be used to transmit notices,bills,payments,and other information:
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CITY OF TIGARD AAM,INC.
Attn: Ken Richards, Sr Bldg Maint Tech Attn: (Contractor's contact person's name)
Address: 13125 SW Hall Blvd. Address: 11225 SW Greenburg Road
Tigard, Oregon 97223 Tigard, Oregon 97223
Phone: (503) 718-2608 Phone: (503) 624-9221
Fax: (503) 684-7297 Fax: (503) 624-9222
Email: kenrg igard-or.gov Email: (Contact email)
6. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the
31St day of October, 2014 shall be accompanied by thirty (30) days written notice to the other
party prior to the date termination would take effect. There shall be no penalty for early
termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor
for services rendered prorated to the date of termination.
7. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
8. FORCE MAJEURE
Neither City nor Contractor shall be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or negligence
on the part of the parties so disenabled, including but not restricted to, natural disaster, war,
civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike,
freight embargo, unusually severe weather or delay of subcontractor or supplies due to such
cause; provided that the parties so disenabled shall within ten (10) days from the beginning of
such delay, notify the other party in writing of the cause of delay and its probable extent. Such
notification shall not be the basis for a claim for additional compensation. Each party shall,
however, make all reasonable efforts to remove or eliuninate such a cause of delay or default and
shall, upon cessation of the cause, diligently pursue performance of its obligation under the
Agreement.
9. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans
with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
10. INDEMNITY
Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers,
employees, agents and representatives from and against all liability, claims, costs, demands,
judgments, penalties, and causes of action of any kind or character, or other costs or
expenses incidental to the investigation and defense thereof, of whatever nature, resulting
from or arising out of the activities of the Contractor or its subcontractors, agents, or
employees in performance of this contract, except, however, that the foregoing shall not
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apply to liability that arises out of the City's, its officers, employees, agents and
representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the remainder
of this indemnification.
11. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the
term of this contract. Such insurance shall cover 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. Pollution Exposure
Contractor shall obtain coverage for the duration of the contract for pollution legal
liability, including investigation and legal defense costs, for bodily injury and property
damage, including loss of use of damaged property or of property that has not been
physically damaged or destroyed. Such coverage must provide coverage for both on-site
and off-site clean-up costs and cover gradual and sudden pollution. Coverage shall be
maintained in an amount of at least:
1. $1,000,000 each occurrence for Contractor's operations at the site;and
2. $5,000,000 each occurrence for all treatment, storage and disposal facilities,including
transportation to such facilities
3. If the policy contains a general aggregate limit or policy limit, it shall be at least
$5,000,000
C. 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 shad not be less than$2,000,000.
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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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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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I. 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.
J. 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.
K. 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 parries 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.
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14. DEQ LICENSE
The Contract certifies by signature below, that they will maintain throughout the duration of
this Agreement a current license, issued by the Department of Environmental Quality, under
ORS 468A.720, to properly handle asbestos abatement projects.
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 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.
16. GOVERNING LAWS
Contractor shall comply with all applicable federal, state and local laws; and rules and
regulations on non-discrimination in employment because of race, color, ancestry, national
origin, religion, sex, marital status, age, medical condition or disability. The provisions of this
Agreement shall be construed in accordance with the provisions of the laws of the State of
Oregon. All provisions required by ORS Chapter 279 to be included in a contract of this type
are incorporated into this Agreement as though fully set forth herein. Any action or suits
involving any question arising under this Agreement must be brought in the appropriate court
of the State of Oregon.
Contractor shall further comply with all current federal, state, and local laws pertaining to any
demolition, renovation, repair, construction or maintenance activity of any public or private
facility that involves the repair, enclosure, encapsulation, removal, salvage, handling or
disposal of any material with the potential of releasing asbestos fibers from asbestos-
containing material into the air.
17. 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.
18. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions shall
not be affected to the extent that it did not materially affect the intent of the parties when they
entered into the agreement.
19. 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. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
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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 TIGARD AAM,INC.
By: Authorized City Represe ative B31(^ uthor ed Contractor Representative
Date Date
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EXHIBIT A
SCOPE OF SERVICES
Scope of Services:
• Remove and dispose of asbestos sheet vinyl and flooring from main utility room—approx.. 90 sf
• Remove and dispose of sink with asbestos undercoating from kitchen
• Required Post Asbestos Abatement Air Clearance Testing (PCM) provided by a contractor
financially independent from AAM, Inc. as required by Dept of Environmental Quality for all
projects over 160sf and 260 linear feet. The required DEQ Form ASN-5 of clearance results
will be filed with DEQ as required.
• Includes procedures and protocols in compliance with all State and Federal regulations including
State of Oregon Department of Environmental Quality (DEQ and Environmental Protection
Agency's (EPA)Asbestos Hazard Emergency Response Act (AHERA) and ASHARA and
Occupational Safety and Health Administration.
Understandings:
• Work is not subject to Oregon PWR wage law or Davis-Bacon
• Prices assume all work to be done on straight time (overtime will be billed at 150% of regular
rate).
• House will be demolished after abatement under separate City contract.
• Pricing excludes any rebuilding, duct cleaning, plumbing work, electrical work, repairs to roof or
siding, removal or replacement of any framing, sealing, replacement, texturing, or repainting of
any sheetrock or walls.
Required:
DEQ Notification per OAR 340-248-0260 ASM 10 day notification for Removal of Friable ACNI 1
100.00 100.00
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EXHIBIT B
CONTRACTOR'S PROPOSAL
10
i
ifMl
Phone: 503-624-9221 Fax: 503-624-9222 ESTIMATE
11225 SW Greenburg Rd DATE ESTIMATE#
Tigard OR 97223 8/19/14 R149900
FEIN 68-0604665 CCB 166575 UBI 602039094
BILL TO JOB SITE
City of Tigard Public Works House located at
Accounts Payable 13950 SW Alpine Crest Way
13125 SW Hall Blvd. Tigard, OR 97223
Tigard, OR 97223 Ken 503-327-9541
P.O. No. Terms =Rep PROJECT NOTES
Net 30
Description Qty Rate Total
Required DEQ Notification per OAR 340-248-0260 ASN 1 10 day notification for Removal of Friable ACM 1 100.00 100.00
Price for labor and materials to Abate the identified areas of asbestos containing materials at the above address 1 800.00 800.00
only as specified in the following scope of work.
Includes procedures and protocols in compliance with all State and Federal regulations including State of Oregon
Department of Environmental Quality(DEQ)and Environmental Protection Agency's(EPA)Asbestos Hazard
Emergency Response kct(AHERA)and ASHARA and Occupational Safety and Health Administration.
Scope of Work:
Remove dispose of asbestos sheet viny l and flooring from main utility room,90sf
Remove dispose of sink with asbestos undercoating from kitchen
Required Post Asbestos Abatement Air Clearance Testing(PCM) provided by a contractor financially 1 250.00 250.00
independent from AAM,Inc.as required by Dept of Environmental Quality for all projects over 160sf and 260
linear feet.The required DEQ Form ASN-5 of clearance results will be filed with DEQ as required.
Understandings:
Prices assume project is NOT subject to prevailing wage or Davis-Bacon
Prices assume all work to be done on straight time(overtime will be billed at 150°0' of regular rate).Additional
mobilizations may be an additional charge.
AAM,Inc does not bill insurance.
House will be demolished.
Price Excludes any rebuilding,duct cleaning or plumbing or electrical work,repairs to roof or siding,removing or
replacing any framing,sealing,replacement,texturing or repainting of any sheetrock'walls. Proposal is valid for
30 days.
Subtotal $1,150.00
Sales Tax 0.0%
Agreement subject to terms Listed on back. Total S1.1 50.00
counts subject to receipt of'timek payment.
*5°o monthh Late Charge on o�erduc accounts
Signature for acceptance of bid and terms