Ware-Ever Pavement Maintenance Co ~ C200096 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUSTACCOMPANYEVERYCONTRACT)
Contract Title: Tigard Street Parking Lot Improvements Number: C200096
Contractor: Ware-Ever Pavement Maintenance Co. Contract Total: $2,760
Conntract Overview: Fog Seal and Stripe the city owned parking lot adjacent to Symposium Coffee.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps: City 12rovided 12arkinV,lot sttiVing 121ans.
Risk Comments:
Risk Signature:
Contract Manager: Teff Peck Ext: 2466 Department: PW Engineering
Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ® General Svc
❑ Engineering Svc ❑ Other: Start Date: 5/27/2020 End Date: 6/30/2020
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
14 Ware-Ever Pavement Maintenance Co. $2,760.00
Account String: Fund-Division-Account Work Order—Activity Tie Amount
FY 19 420-8000-56005 92034-140 $2,760.00
FY
FY
FY
FY
Approvals - LCRB Date: N/A
Department Comments:
Department Signature: _
Purchasing Comments: Ok
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract# C200096
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
PARKING LOT SEAL COATING AT TIGARD CHAMBER
THIS AGREEMENT made and entered into this 5`'of May,2020 by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City", and Ware-Ever Pavement
Maintenance Co,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 Seal Coating Parking lot at Tigard Chamber of
Commerce 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 Two Thousand Seven Hundred Sixty and
No/100 dollars ($2,760.00) 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:
CITY OF TIGARD WARE-EVER PAVEMENT MAINTENANCE CO
Attn:Jeff Peck Attn: Dennis Ware
Address: 13125 SW Hall Blvd. Address: 13493 SW 75`'PI
Tigard, OR 97223 Tigard OR 97223
Phone: (503) 718-2466 Phone: (503) 620-2225
Email: jeffp@tigard-or.gov Email: dworzkcomcast.net
6. TERMINATION
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.
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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 MMEURE
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 eliminate 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 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:
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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 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
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 Liability coverage including coverage for all owned,
hired, and non-owned vehicles on an "occurrence" form. The Combined Single Limit per
occurrence shall not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers shall
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional
Liability, shall include the City its officers, employees, agents and representatives as
additional insureds with respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
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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.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the
City will consider whether such self-insurance is acceptable if it meets the minimum
insurance requirements for the type of coverage required. If the Contractor is self-insured
for commercial general liability or automobile liability insurance the Contractor must
provide evidence of such self-insurance. The Contractor must provide a Certificate of
Insurance showing evidence of the coverage amounts on a form acceptable to the City.
The City reserves the right in its sole discretion to determine whether self-insurance is
adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effective until the
required Certificates of Insurance have been received and approved by the City. The
certificate will specify and document all provisions within this contract and include a copy
of Additional Insured Endorsement. A renewal certificate will be sent to the below
address prior to coverage expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Contractor's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
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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 parry 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.
14. CHOICE OF LAW,VENUE
The provisions of this Agreement are governed by Oregon Law. 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 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 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. REPRESENTATIONS AND WARRANTIES
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of
Contractor, enforceable in accordance with its terms.
C. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no
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fewer than six calendar years (or since the firm's inception if less than that) preceding the
effective date of this Agreement, faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters
316, 317, and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to
Contractor, to Contractor's property, operations, receipts, or income, or to
Contractor's performance of or compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to
Contractor,or to goods,services,or property,whether tangible or intangible,provided
by Contractor; and
4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Contractor's services rendered in the performance of Contractor's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or
conditions of use, transfer,modification, or assignment, and shall be free and clear of any
and all liens, claims,mortgages, security interests,liabilities,charges,and encumbrances of
any kind.
19. COMPLIANCE WITH TAX LAWS
A. Contractor must, throughout the duration of this Agreement and any extensions, comply
with all tax laws of this state and all applicable tax laws of any political subdivision of the
State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions
described in subsection 25.C. 1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this
Agreement. Further, any violation of Contractor's warranty, in subsection 25.0 of this
Agreement, that the Contractor has complied with the tax laws of the State of Oregon and
the applicable tax laws of any political subdivision of this state also shall constitute a material
breach of this Agreement. Any violation shall entitle the City to terminate this Agreement,
to pursue and recover any and all damages that arise from the breach and the termination of
this Agreement,and to pursue any or all of the remedies available under this Agreement, at
law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing
to Contractor,in an amount equal to State's setoff right,without penalty; and
3) Initiation of an action or proceeding for damages, specific performance, declaratory
or injunctive relief. The City shall be entitled to recover any and all damages suffered
as the result of Contractor 's breach of this Agreement, including but not limited to
direct,indirect,incidental and consequential damages,costs of cure,and costs incurred
in securing a replacement Contractor.
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Thew remedies are cumulative to the extent the remedies arc not inconsistent, and the City
may pprsne any remedy or remedies singly, collectively, successively, or in any orkr
whatsoe-w-r-.
20, COMPLETE AGREEMEN`f'
This Agre#nent,ineludirtge eilii,its,is intended both as a final epressi�an oegpeetnt
between the, Aarties and as a eornpletc and e-clusive swernent of the terms, In tbw event of an
niponsistp-ocy between a provision in the main body of the Agreer nt a.nd a pr€avis irl the
hibiepraviin the amain body of thegreecat shall control. e cn=t of An
iinconsisuney betwwu EwMbit A and Exhibit B,l-xlubit A,shat control,
No waiver,consent,modiflt~adon�or ehanp of terms of this Agmcmcpt shall bind either paw
wiles in whiting and signed by both parries, such waiver, cor Ut,mod-Alcation, or change if
rnWe, shall be e€ieetivc only sped ie instances and for the sp@cAv pwrpow giver. Thpre are
no €lerstandir ,AgreMM ,or oral or,writwi,not speeiaed here regarding
this �wem—e-m Cornt°actor, by the signatum of its. awtho ed rppresert Ove, br-Mby
acknowledges that lie/she has read this Agreement, understands it and agree$ to be bound by
its tens and conditions,
TN WITNESS WHEREOF, City has caused this mmmt to be executed ley its duly authorized
undcrslgned officer and int ctor has c%ccutcd this A merit on the date hereinabove first written,
]By;Mtttori Fed (A-Aty 13yf Awthori?,cd Gontraetor Re-pres€native
6-8-2020 5 7 0,2 t)
Date Date
$ � I' aLe
EXHIBIT A
SCOPE OF SERVICES
Seal and Strip parking lot located at 12345 SW Main St. Parking lot is owned by the City of Tigard.
Contractor will perform the following work:
1. Properly prepare the pavement with mechanical sweepers and wheeled blowers.
2. Apply one heavy coat of Special Asphalt Products Resurfacer to the asphalt using squeegees
as opposed to spraying.
3. Striping and marking the newly sealed pavement as per the specs.
4. The seal coating is guaranteed for two years against premature wear.
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EXHIBIT B
CONTRACTOR'S PROPOSAL
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Ware-Ever Pavement Maintenance Co.
13493 SW 75th Place Tigard, OR 97223
Phone: 503-620-2225 Fax: 503-620-8464
www.ware-ever.com
Serving the Portland area since 1972
CCB#73282
Name/Address
City of Tigard Estimate
Jeff Peck
13125 SW Hall Blvd.
Tigard, OR 97223 We accept VISA and Date
Mastercard 4/20/2020
2020 Symposium coffee seal coating
Description
Jeff-
The work on the parking lot adjacent to the Symposium Coffee House includes:
1. Properly preparing the pavement with the use of mechanical sweepers and wheeled blowers.
2. Applying one heavy coat of Special Asphalt Products Resurfacer to the asphalt using squeegees as opposed
to spraying.
3. Striping and marking the newly sealed pavement as per the specs.
4. The seal coating is guaranteed for two years against premature wear.
5. The cost would be: $2,760.00.
Dennis Ware