Concrete Construction Co, Inc ~ C150035 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT n G G
Contract Title: Sidewalk Installation at 10765 SW North Dakota Number:
Contractor: Concrete Construction Co,Inc. Contract Total: G;886J S7�
Contract Overview: Perform final grading for, build forms for, and pour curb and sidewalk
along about 80 feet of North Dakota St in front of 10757 SW North-Dakota St.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate X Low
Risk Reduction Steps: Standard risk and indemnity clauses are included in the contract
Traffic control and work plan will be designed to minimize risk.
Risk Comments:
Risk Signature:
Contract Manager: Mike McCarthy Ext: 2462 Department: Public Works
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service X Public Improvement
❑ IGA ❑ Other: Start Date: 10/23/14_ End Date: 12/31/14
Quotes/Bids/Proposal: FIRM AMOUNT SCORE
Concrete Construction Co, Inc. ') Stt�S6:8&p�
Account String: Fund-Division-Account Work Order—Activi jyT T e Amount
Year 1 400-5000-56005 98003-140
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 xzz,ith a
completed Contract Checklist.
Contract #�, � a
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
SIDEWALK INSTALLATION-10765 SW NORTH DAKOTA STREET
THIS AGREEMENT made and entered into this 20th day of October, 2014 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Concrete Construction
Company,lrnc., hereinafter called"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS,Contractor has submitted a bid or proposal to City to provide specific services;and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services;and
WHEREAS,City and Contractor wish to enter into a contract under which City shall purchase the services
described in Contractor's bid or proposal;
THEREFORE,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to the installation of a sidewalk along North Dakota
Street 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
cop), of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on December 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 Seven Thousand Eight Hundred and No/100
Dollars ($7,800.00) 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 set-vices and all moneys and sums which Contractor collected or
deducted from the wages of employees pursuant to any law, contract or agreement for the
purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. Appropriations for future fiscal years shall
be subject to budget approval by the City Council.
4. PREVAILING WAGE
V-1-i le the City and Contract enter into this Agreement with the understanding that the work to be
completed does not initially exceed $50,000 and therefore does not initially require the provisions of
ORS Chapters 279A and 279C or other Oregon and Federal provisions pertaining to minimum
salaries and wages,the said provisions are incorporated herein by reference as if fully set forth in the
event the contract is amended to exceed $50,000 at any point.
The Contractor agrees that, in the event the contract ever exceeds $50,000, the workmen in each
trade or occupation required for the work to be done pursuant to the contract, employed in the
performance of the Contract, either by the Contractor or Subcontractor or other person doing or
contracting to do any part of the work contemplated by the Contractor shall be paid not less than
the prevailing, minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor.
This includes any required back pay for work done while the contract was under$50,000. Once the
project exceeds the 550,000 threshold, all employees shall be entitled to back pay equal to or greater
than the waged required under BOLI laws.
If the contact reaches $50,000 or greater through change orders, the Contractor shall pay a fee equal
to one-tenth of one percent (.001) of the price of the contract to the Bureau of Labor and
Industries. The fee shall be paid on or before the first progress payment or 60 days from the date
work first began on the contract, whichever comes first. The fee is payable to the Bureau of Labor
and Industries and shall be mailed or otherwise delivered to the Bureau at the following address:
2 1 1) .1 c
Bureau of Labor and Industries
Wage and Hours Division
Prevailing Wage Unit
800 NH Oregon Street,#32
Portland,Oregon 97232
Also in the event the contract reaches $50,000 through change orders or amendments, the
Contractor shall provide proof to the City that the Contractor has tiled a public works bond with a
corporate surety in the amount of 530,000 with the Construction Contractors Board as required
under Oregon P\tR lacy.
5. ASSIGNMENT/DELEGATION
Neither part}l 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
part-shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery,mail,or electronic transfer. The following addresses shall
be used to transmit notices,bills,pavments,and other information:
CITY OF TIGARD CONCRETE CONSTRUCTION COMPANY,INC.
Attn: itlike McCarthv,Sr. Project Engincer Attn: George Verschingel
Address: 13125 Sly' Hall Boulevard Address: 18205 S Grasle Road
Tigard,Oregon 97223 Oregon City,Oregon 97045
Phone: (503) 718-2462 Phone: (503) 631-4482
Fax: (503) 624-0752 Fax: (503) 631-4482
Email: mikem cuti ardd-onggy I_mail: concrctc or�cfri?ccgmail.nct
7. TERMINATION
'I'he parties agree that any decision by either party to terminate this Agreement before the 31" day of
December, 2014 shall be accompanied by thin (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 Cit-
terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered
prorated to the date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
9. FORCE MAMURE
Neither Cite 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 pam. in writing
3 I' .;
I
of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall, however,make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall, upon cessation of the cause,diligently pursue performance of
its obligation under the Agreement.
10. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and re�nilations. Contractor also shall comply with the Americans with
Disabilities Act of 1990, ORS 659A.142, and all regulations and adnurustrativc Hiles established
pursuant to those laws.
11. INDEMNITY
Contractor agrees to and shall defend, indemnifj•and hold harmless Cite, 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 perforniance of this contract,
except, however, that the foregoing shall not apple to liability that arises out of the Citt•'s, its officers,
employees,agents and representatives sole negligence. If any aspect of this indemnity shall be found
to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
remainder of this indemnification.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover risks arising directly or indirectly out of Contractors 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 1145 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 At 2,000,000
Products-Completed Operations Agg-regatc 1,000,000
Personal &Advertising Injur1, 1,01 0,000
Each Occurrence 1,000,000
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 Liabilitv coverage including coverage for all owned, hired,
i
4 1 1) .1
and non-owned vehicles on an "occurrence" form. The Combined Single Limit per r>ccurrencc
shrill 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 tern of the
contract, business automobile Lability coverage for all owned vehicles on an"occurrence" form.
The Combined Single Limit per occurrence shall not be less than S2,000,000.
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 V"orkers'
Compensation La-%v 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 ,Nithin Oregon for more than 30 days in a calendar year.
Contractors who perform work without the assistance or labor of any cmplovee need not
obtain workers' compensation coverage. All non-exempt employers shall provide
Fmplmcr's Liability Insurance with coverage limits of not less than 51,000,000 each
accident.
I
D. Additional Insured Provision
i
All policies aforementioned, other than Workers' Compensation and Professional Liabilit\•,
shall include the City its officers, employees, agents and representatives as additional
insureds with respect to this contract.
E. Insurance Carrier Rating
Coverages provided b}, the Contractor must be underwritten by an insurance company
deemed acceptable by the Cite. All policies of insurance must be written by companies
having an A.i\I. Best rating of"A-VII" or better, or equivalent. The City i• reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shrill 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
'I11e parties agree that Contractor's coverage shall be primary to the extent permitted by laxv.
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 \N.-ill be included in all general liability,
professional liabilit}•,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:
Cite of Tigard
Attn: Contracts and Purchasing Office
13125 SAX' Hall Blvd.
Tigard,Oregon 97223
At the discretion of the Cite,a copy of each insurance policy,certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
12. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert),attorney's fees and court costs on appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and subcontractors
and income tax \withholding contained in ORS Chapters 279A, 2798, and 279C, the provisions of
which are hereby made a part of this agreement.
14. CITY OF TIGARD BUSINESS LICENSE
Contractor shall obtain, prior to the execution of any performance under this Agreement, a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a December
6 � 1 .
I
i
31st expiration date. New businesses operating in Tigard after June 311th of the current year will pay a
pro-rated fee though the end of the calendar year.
15. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terns of proposal conflicting herewith.
16. 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 terns and provisions shall not be affected
to the extent that it did not materiatle affect the intent of the parties when they entered into the
agreement.
17. INDUSTRIAL ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor
or subcontractors incur during the performance of this Agreement.
18. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits,
the provision in the main bode of the Agreement shall control. In the event of an inconsistence
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 siirncd 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 arc 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 i�greemcnt,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD CONCRETE CONSTRUCTION COMPANY,INC.
w
By: authorized City Representative By: Author d ontractor Rep sentat yc
Date Date
7 1 P
Concrete Construction Company Inc.
18205 S Grasle Rd.Oregon City,OR 97045
Phone 503-631-4482-Fax 503-631-4482
CBB#67398
October 30,2014
City of Tigard
13125 SW Hall Blvd.
Tigard,Or 97223
Jobsite: 10765 SW Dakota St.
Quotation;
This price is for the installation of 259sgft of 6"thick driveway apron with curb,and 209sgft of 4"thick j
sidewalk with curb.This price includes installation of forms,installation of 3"max of compacted rock,and
installation of 3500psi city mix concrete throughout.This price includes all materials,labor,and equipment
to complete job.
This price does not include any demo or excavation of any kind,installation of compacted rock more than
3",and any unforeseen problems.
Total---$7800.00
Attn:Mike McCarthy
Quote good for 60 days.
EXHIBIT B
CONTRACTOR'S PROPOSAL
91 PagL
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following services under this Agreement:
1. Installation of 259 sq. ft. of G" thick apron with curb
2. Installation of 209 sq. ft. of 4" thick sidewalk with curb.
Work includes installation of forms, 3" max of compacted rock, and 3500 psi concrete throughout the
project. All materials, labor,and equipment required to complete the work is included in the contract price.
81l' ;� „