Loading...
D & F Plumbing ~ C200020 CITY OF TIGARD.OREGON- CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANYEVERY CONTRACT) .""i Contract Tide: Water Heater replacement Number: s ` (-) Contractor: D&F Plumbing.. Contract Total: $30,355 Contract Overview: Replace the water heaters in CH, PC, PD, PW.SC, and library Initial Risk Level: ❑ Extreme ❑ High X Moderate ❑ Low Risk Reduction Steps: Work area will be flawed, taped or coned off to alert staff. Risk Comments: Risk Signature: Contract Manager: Justin lames Ext: 2589 Department: Facilities Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp X4 General Svc ❑ Engineering Svc ❑ Other: Start Date: 8/15/2019_End Date: 6/30/2020_ Quotes/Bids/Proposal: FIRM AMpUNT/SCORE D & F Plumbing 530.355 Cascade Mechanical $35.000 Pipeline $38.000 Account String: Fund-Divisigl}-Accom Work Order—Activity Tvpp Amount FY 2019-20 650-6400-54001 30.355 FY FY FY FY Annrovals - LCRB Date: Department Comments: Department Signature: Purchasing Comments: Or Purchasing Signature: r,/ City Manager Comments: /� 110 �' h1 " City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract /i CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO WATER HEATER REPLACEMENT—CITY OFFICES THIS AGREEMENT made and entered into this 15'h 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 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 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 Thousand Three I lundred 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 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 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 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: CITY OF TIGARD - D&F PLUMBING CO Attn:justin lames Attn: Brett Baldwin • Address: 13125 SW Hall Blvd. Address: 4636 N Albina Ave Tigard,Oregon 97223 Portland,Oregon 97217 Phone: (503) 718-2589 Phone: (503) 282-0993 justinj@tirard-or.iov Prettliki-folumbine.com I Jot Water Tank Replacement 2 P 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 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 MATEURE 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, tire, 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 EOUITY In accordance with ORS 27913.235, the following arc 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 40 hours in any one week, except for employees who arc excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. B. Contractor must give notice in writing to employees who 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 clement of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. hot Water lank Replacement 3 i 10. NON-DISCRIMINATION Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to thc 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 (ADA A A) of 2008 (Pub L 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 Er any reason whatsoever, such illegality or invalidity shall not affect the remainder of this indemnification. 12. EXTRA(CHANGES)WORK 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 fill 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 2(110 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 I i' Coverage Limit General Aggregate 77 - -0007 000 - Products-Completed Operations Aggregate 1,000,000 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's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage tbr 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 'fix 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 workerscompensation 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,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 art A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. F. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage I lot Water Tank Replacement 5 I 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 arc those of an independent contractor. Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265. I. Primary Coverage Clarification The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. J. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard,Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 12. ATTORNEY'S FEES In 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 I 1 , 14. CHOICE OF LAW,VENUE The provisions of this Agreement are governed by Oregon 12W. Venue will be the State of Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland. 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. 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. 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 did 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's 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 liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind. 19. SURVIVAL The terms, 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 (OSI IA) requirements and all Oregon safety and health requirements. In accordance with OSI IA and Oregon OS]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. I lot Water Tank Replacement 7 I .1 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 term of this Agreement is a default for which thc 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 the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit 13, 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,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 D&F FLIT djiTNG CO By: Authorized City Representative By: Authorized Contractor Representative - 7 Date Date Hot Water Tank Replacement 8 I EXHIBIT A SCOPE OF SERVICES Please provide a quote to replace all of the water heaters listed below with cc)rnprable 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 Location Equipment Manufacturer Model Serial Tag Capacity/ Fuel Year Type No. ,.., No. - Rating Type Domestic t1/4/1-1- interior Ener5055DS-9 gy Saver EE 6920706 Unknown 50 Gallons Electric 1992 Water Heater Domestic General GG4OT06,ck GELN407V Natural Interior Unknown 40 Gallons 2007 Water Heater Electric VG01 G01 Gas American Domestic FF6150T4 Natural interior Water Heater 0505103392 Unknown 50 Gallons 2005 Water Heater 03N0 Gas Company . Permit Center.City I Jail.Police Table 020 Summary of Domestic Water Heating Equipment Location Equipment Manufacturer Model Serial Tag Capacity! Fuel Year Type No. No.. Rating - Type interior Domestic BT 100 MEC1- 100 Natural A.C.Smith Unknown 2001 Closet Water Heater 230 1030305 Gallons Gas Interior Water DomHeater 1203R14258 Gallons estic I RU 50 Ruud PE52-2 C Unknown Electric 1 2003 Closet Niche Table 020 Summary of Domestic Water Heating Equipment Location Equipment Manufacturer Model Serial Tag Capacity' Fuel Year Type No, No. Rating Type Domestic F - - 0G830320 SeconWater Heater d Floor RRE12U5S-P egency Unknown Unknown Electric 2003 9 Senior Center 1)(),,,,'(--.r\-ctlt tIlLic- i.i)r II-,itclae?-1 \',It I Table 020 Summary of Domestic Water Heating Equipment Location Equipment Manufacturer Model Serial Tag Capacity/ Fuel Year . Type - . No, No, Rating Type American Domestic 1 DC03100 100 Kitchen Water Heater 960220399 Unknown Unknown 1996 Water Heater S1996N Gallons Company . Domestic ecRT 80 = Interior Water Heater A.O.Smith 0803J011519 Unknown 80 Gallons Electric 2008 200 Clot\Vater Tank Replacement 9 Library Table D20 Summary of Domestic Water Heating Equipment Location Equipment Manufacturer Model Serial Tag Capacity/ Fuel Year Type _ Co. .... No. Rating , Type Domestic 40 Interior Water Heater A 0.Smith DEL 40110 ML0400040 Unknown Gallons Electric 2004 51 Domestic 40 Interior Water Heater A 0.Smith Unknown DEL 40 110 Unknown Gallons Electric 2004 Domestic InteDEN 80 ML0300276 Unknown I 89 Interior Water I Water Heater AOSmith 920 07 Gallons Electric 2004 . Hot Water Tank Replacement 10 I