DMR Concrete ~ C120026 City of Tigard, Oregon
Public Improvement Contract—Non-PWR Project
Concrete pad At Cook Park
THIS CONTRACT, made and entered into this 27 day of September, 2011, by and
between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called "City" and DMR Concrete, hereinafter called "Contractor," duly authorized to
perform such services in Oregon.
RECITALS .—
WHEREAS, the City requires services which Contractor is capable of providing, under
terms and conditions hereinafter described; and
WHEREAS, time is of the essence in this contract and all work under this contract shall
be completed within the time period stated in the Scope of Work;
THEREFORE, in consideration of the promises and covenants contained herein, the
parties hereby agree as follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement shall consist of installation of one
concrete pad at Cook Park as detailed in Exhibit A, "Scope of Work."
2. Prevailing Wage
While the City and Contractor 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 $50,000 threshold, all employees
shall be entitled to back pay equal to or greater than the wages required under
BOLI laws.
If the contract reaches $50,000 or greater through change orders,the City 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:
Bureau of Labor and Industries
Wage and Hour Division
Prevailing Wage Unit
800 NE 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
filed a public works bond with a corporate surety in the amount of$30,000 with
the Construction Contractors Board as required under Oregon PWR law.
House Bill 2021 enacted during the 2007 Assembly of the Oregon Legislature
makes a public agency liable for any wages, fringe benefits, and liquidated
damages unpaid to workers as a result of the public agency failing to include
information about prevailing wage rates in the specifications for public contracts.
This law was effective January 1, 2008.
3. Contract Documents
The Contractor is hereby bound to comply with any and all requirements of this
agreement, including, but not limited to Exhibit A, Scope of Work. The Scope of
Work, by this reference, is made a part hereof with the same legal force and effect
as if set forth herein in full.
4. City's Representative
For purposes hereof, the City's authorized representative will be the Martin
McKnight, Parks Supervisor who is available by email at martingti arg_d-or.gov or
by phone at (503) 718-2598.
5. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Matt
Bowlin who is available by email at DMRConcretegaol.com or by phone at (503)
538-9452.
6. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification
number, as designated by the Internal Revenue Service, or Contractor's social
security number, as City deems applicable.
7. Compensation
City agrees to compensate Contractor for goods or services supplied, including
any applicable shipping and handling charges, as described in Exhibit A, Scope of
Work. City shall not be responsible for payment of any materials, services,
expense, or costs other than those which are specifically included in Exhibit A.
Compensation over the life of this Contract is not to exceed Two thousand nine
hundred thirty five dollars ($2,935.00). Payment will be made based on
Contractor's invoice, subject to the approval of the Contract Manager or
appropriate City representative, and not more frequently than monthly. Payment
shall be made only for work actually completed as of date of invoice. Payment
terms shall be net 30 days from date of invoice.
Payment by the City shall release the City from any further obligation for payment
to Contractor for services performed or expenses incurred. Payment of
installments shall not be considered acceptance or approval of any work or waiver
of any defects therein. City certifies that sufficient funds are available and
authorized for expenditure to finance costs of this contract.
In the event the contract ever reaches $50,000, the Contractor shall include proof
of payment to any and all subcontractors and suppliers with each statement
submitted to the City. The initial statement at that junction must also contain
proof of paid back wages. The City shall retain the right to withhold payments if
required proof of payment to subcontractor and suppliers is not included with a
statement in this event. Also, as required under State of Oregon Prevailing Wage
Rate (PWR) Law, the City shall withhold 25% of any progress payment amounts
owed to Contractor if Contractor has failed to file certified payrolls sheets with the
City in the event the contract reaches $50,000.
The Contractor agrees to the "Completion Date" as listed in Exhibit A, Scope of
Work, and agrees to complete all work by said date. The Contractor and City
agree that the City will suffer damages each day the work remains uncompleted
after the Completion Date and that the amount of those damages is difficult to
calculate. Contractor and City agree that a reasonable amount of damages for late
completion is $50.00 per day and Contractor agrees to pay damages in that
amount if the work is not completed by the Completion Date.
The Contractor shall notify the City in writing when the Contractor considers the
project complete, and the City shall, within 15 days after receiving the written
notice, either accept the work or notify the Contractor of work yet to be performed
on the contract.
Upon acceptance by the City,the entire balance due to the Contractor shall be
paid to the Contractor, by the City within 30 days after the date of said final
acceptance.
As a further condition of final acceptance,the City may require the Contractor to
submit evidence, satisfactory to the City's Representative,that all payrolls,
material bills, and other indebtedness connected with the project have been paid,
except that in case of any disputed indebtedness or liens,the Contractor may
submit in lieu of evidence of payment, a surety bond satisfactory to the City
guaranteeing payment of all such disputed amounts when adjudicated in cases
where such payment has not already been guaranteed by surety bond.
8. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement,
Contractor is and shall be deemed to be an independent Contractor as
defined by ORS 670.600 and not an employee of City, shall not be entitled
to benefits of any kind to which an employee of City is entitled and shall
be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found by a court of law or any
administrative agency to be an employee of City for any purpose, City
shall be entitled to offset compensation due, or to demand repayment of
any amounts paid to Contractor under the terms of this Agreement, to the
full extent of any benefits or other remuneration Contractor receives (from
City or third parry) as a result of said finding and to the full extent of any
payments that City is required to make (to Contractor or to a third party) as
a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City, or
any partnership or corporation in which a City employee has an interest,
has or will receive any remuneration of any description from Contractor,
either directly or indirectly, in connection with the letting or performance
of this Agreement, except as specifically declared in writing.
C. If this payment is to be charged against Federal funds, Contractor certifies that
he or she is not currently employed by the Federal Government and the
amount charged does not exceed his or her normal charge for the type of
service provided.
D. Contractor and its employees, if any, are not active members of the Oregon
Public Employees Retirement System and are not employed for a total of
600 hours or more in the calendar year by any public employer
participating in the Retirement System.
E. Contractor certifies that it currently has a City business license or will obtain
one prior to delivering services under this Agreement.
F. Contractor is not an officer, employee, or agent of the City as those terms are
used in ORS 30.265.
9. Subcontracts -Assignment& Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and
Contractor shall be fully responsible for the acts or omissions of any
Subcontractors and of all persons employed by them, and neither the approval by
City of any Subcontractor nor anything contained herein shall be deemed to create
any contractual relation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the
benefit of and be binding upon the City and the Contractor respectively and their
legal representatives. Contractor shall not assign any rights nor delegate any
duties incurred by this contract, or any part hereof without the written consent of
City, and any assignment or delegation in violation hereof shall be void.
Any and all subcontracts issued by the Contractor shall contain a provision that
workers shall be paid not less that the PWR Law specified minimum wage if this
contract ever exceeds $50,000 as outlined in Section 2.
10. Contractor-Payment of Benefits -Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such
Contractor labor or material for the prosecution of the work
provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial
Accident Fund form the Contractor or subcontractor incurred in the
performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167;
4) Not permit any lien or claim to be filed or prosecuted against the
City of Tigard, on account of any labor or material furnished.
B. If this contract ever exceeds $50,000 as outlined in Section 2,the Contractor
or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form
prescribed by the Commissioner of the Bureau of Labor and Industries,
certifying the hourly rate of wage paid each worker which the Contractor
or the Subcontractor has employed upon such public work, and further
certifying that no worker employed upon such public work has been paid
less than the prevailing rate of wage, which certificate and statement shall
be verified by the oath of the Contractor or the Contractor's Surety or
Subcontractor or the Subcontractor's Surety that the Contractor or
Subcontractor has read such statement and certificate and knows the
contents thereof and that the same is true to the Contractor's or
Subcontractor's knowledge.
5) The certified statements shall set out accurately and completely the
payroll records for the prior week, including the same and address
of each worker,the worker's correct classification, rate of pay,
daily and weekly number of hours worked, deductions made and
actual wages paid.
6) Each certified statement required herein shall be delivered or
mailed by the Contractor or Subcontractor to the City. A true copy
of the certified statements shall also be filed at the same time with
the Commissioner of the Bureau of Labor and Industries. Certified
statements shall be submitted as follows:
a) For any project 90 days or less from the date of the award
of the contract to the date of completion of work under the
contract,the statements shall be submitted once before the
first payment is made, and once before final payment is
made of any sum due on account of the contract.
b) For any project exceeding 90 days from the date of the
award of the contract to the date of completion of work
under contract, the statements shall be submitted once
before the first payment is made, at 90 day intervals
thereafter, and once before final payment is made of any
sum due on account of the contract.
C) Each Contractor or Subcontractor shall preserve certified
statements for a period of three years from the date of
completion of the contract.
C. The Contractor agrees that if the Contractor fails,neglects or refuses to make
prompt payment of any claim for labor or services furnished to the
Contractor or a Subcontractor by any person in connection with this
contract as such claim becomes due, the proper office of the City of Tigard
may pay such claim to the person furnishing the labor or services and
charge the amount of the payment against funds due or to become due to
the Contractor by reason of such contract. Payment of a claim in this
manner shall not relieve the Contractor or the Contractor's Surety from
obligation with respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten(10)
hours in any one day, or 40 hours in any one week, except in cases of
necessity or emergency or when the City deems it in the best interest of the
public or policy absolutely requires it, in which event,the person so
employed for excessive hours shall receive at least time and a half pay for
the following:
1) For all overtime in excess of eight hours in any one day or 40 hours
in any one week when the work week is five consecutive days,
Monday through Friday; or
2) For all overtime in excess of 10 hours in any one day or 40 hours in
any one week when the work week is four consecutive days,
Monday through Friday; and
3) For all work performed on Saturday and on the legal holidays
specified in ORS 279C.540.
E. No City employee shall be required to work overtime or on a Saturday,
Sunday or holiday in the fulfillment of this contract except where the
Contractor agrees to reimburse the City in the amount of money paid the
employee for such work as determined by state law, the City's personnel
rules or union agreement. The Contractor shall require every
Subcontractor to comply with this requirement.
F. If Contractor or any first-tier subcontractor fails to pay a person furnishing
labor or material within 30 days after receipt of payment form the City or
from the Contractor to a subcontractor,the Contractor or first-tier
subcontractor shall owe the person the amount due plus interest
commending at the end of the 10 day period that the payment is due under
ORS 279C.580,unless payment is subject to a good-faith dispute. The
interest rate shall be as specified in ORS 279C.505(2). If the Contractor or
any subcontractor fails, neglects, or refuses to pay a person furnishing
labor or material,the person may file a complaint with the Construction
Contractors Board, unless the payment is subject to a good faith dispute as
defined in ORS 279C.580.
G. Contractor shall include a clause in each contact with a subcontractor a
requirement that the contractor pay the subcontractor for satisfactory
performance within 10 days of receipt of payment from the City for the
work. Contractor shall include in contracts with subcontractors an interest
provision for such payments in compliance with ORS 279C.580.
Contractor shall include a clause in each contract with a subcontractor
requiring the subcontractor to meet the same payment and interest
standards as required by ORS 279C.580 (4).
11. Drug Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision
requiring contractors to demonstrate that an employee drug-testing program is in
place. The Contractor demonstrates that a drug-testing program is in place by
signing of the contact. The drug testing program will apply to all employees and
will be maintained for the duration of the Contract awarded. Failure to maintain a
program shall constitute a material breach of contract.
12. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership,
association or corporation furnishing medical, surgical, and hospital care or other
needed care and attention incident to sickness or injury to the Contractor's
employees, all sums which the Contractor agreed to pay for such services and all
money and sums which the Contractor collected or deducted from employee
wages pursuant to any law, contract or agreement for providing or paying for
such service.
13. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the
agreed upon term by mutual written consent of the parties and for the
following reasons:
1) If work under the Contract is suspended by an order of a public
agency for any reason considered to be in the public interest other
than by a labor dispute or by reason of any third party judicial
proceeding relating to the work other than a suit or action filed in
regard to a labor dispute; or
2) If the circumstances or conditions are such that it is impracticable
within a reasonable time to proceed with a substantial portion of
the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be
prorated to and include the day of termination and shall be in full
satisfaction of all claims by Contractor against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right,
obligation, or liability of Contractor or City which accrued prior to such
termination.
14. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to
Contractor, or at such later date as may be established by City, under any
of the following conditions:
1) If City funding from federal, state, local, or other sources is not
obtained and continued at levels sufficient to allow for the
purchase of the indicated quantity of services. This Agreement
may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified, changed,
or interpreted in such a way that the services are no longer
allowable or appropriate for purchase under this Agreement,
3) If any license or certificate required by law or regulation to be held
by Contractor, its subcontractors, agents, and employees to provide
the services required by this Agreement is for any reason denied,
revoked, or not renewed, or
4) If Contractor becomes insolvent, if voluntary or involuntary
petition in bankruptcy is filed by or against Contractor, if a receiver
or trustee is appointed for Contractor, or if there is an assignment
for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be
without prejudice to any obligations or liabilities of either party already
accrued prior to such termination.
B. City, by written notice of default(including breach of contract) to Contractor,
may terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement
within the time specified herein or any extension thereof, or
2) If Contractor fails to perform any of the other provisions of this
Agreement, or so fails to pursue the work as to endanger
performance of this agreement in accordance with its terms, and
after receipt of written notice from City, fails to correct such
failures within ten(10) days or such other period as City may
authorize.
The rights and remedies of City provided in the above clause related to
defaults (including breach of contract) by Contractor shall not be exclusive
and are in addition to any other rights and remedies provided by law or
under this Agreement.
If City terminates this Agreement under paragraph(b), Contractor shall be
entitled to receive as full payment for all services satisfactorily rendered
and expenses incurred, an amount which bears the same ratio to the total
fees specified in this Agreement as the services satisfactorily rendered by
Contractor bear to the total services otherwise required to be performed for
such total fee; provided,that there shall be deducted from such amount the
amount of damages, if any, sustained by City due to breach of contract by
Contractor. Damages for breach of contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.3
15. Access to Records
City shall have access to such book, documents, papers and records of Contractor
as are directly pertinent to this Agreement for the purpose of making audit,
examination, excerpts, and transcripts.
16. Work is Property of City
All work performed by Contractor under this Agreement shall be the property of
the City.
17. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with
its employees, including but not limited to laws, rules,regulations, and
policies concerning workers' compensation, and minimum and prevailing
wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with
Executive Order 11246 as amended, Executive Order 11141, Section 503
of the Vocational Rehabilitation Act of 1973 as amended and the Age
Discrimination Act of 1975, and all rules and regulations issued pursuant
to the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or
local statutes, ordinances and regulations dealing with the prevention of
environmental pollution and the preservation of natural resources that
affect the work under this contract are by reference incorporated herein to
the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to the enactment of new or the
amendment of existing statutes, ordinances or regulations occurring after
the submission of the successful bid,the City shall issue a Change Order
setting forth the additional work that must be undertaken. The Change
Order shall not invalidate the Contract and there shall be, in addition to a
reasonable extension, if necessary, of the contract time, a reasonable
adjustment in the contract price, if necessary, to compensate the
Contractor for all costs and expenses incurred, including overhead and
profits, as a result of the delay or additional work.
18. Chances
City may at any time, and without notice, issue a written Change Order requiring
additional work within the general scope of this Contract, or any amendment
thereto, or directing the omission of or variation in work. If such Change Order
results in a material change in the amount or character of the work, an equitable
adjustment in the Contract price and other provisions of this Contract as may be
affected may be made. Any claim by Contractor for and adjustment under this
section shall be asserted in writing within thirty(30) days from the date of receipt
by Contractor of the notification of change or the claim will not be allowed.
Whether made pursuant to this section or by mutual agreement, no change shall be
binding upon City until a Change Order is executed by the Authorized
Representative of City,which expressly states that it constitutes a Change Order
to this Contract. The issuance of information, advice, approvals, or instructions
by City's Representative or other City personnel shall not constitute an authorized
change pursuant to this section. Nothing contained in this section shall excuse the
Contractor from proceeding with the prosecution of the work in accordance with
the Contract, as changed.
19. Force Maieure
Neither City nor Contractor shall be considered in default because of any delays in
completion of responsibilities hereunder due to causes beyond the control and
without fault or negligence on the part of the party so disenabled, including, but
not restricted to, an act of God or of a public enemy, volcano, earthquake, fire,
flood, epidemic, quarantine,restriction, area-wide strike, freight embargo,
unusually severe weather or delay of Subcontractor or suppliers due to such cause;
provided that the party so disenabled shall within ten(10) days from the beginning
of such delay, notify the other party in writing of the causes 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 Contract.
20. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor
of any of the terms of this contract or to exercise any rights hereunder shall not be
construed as a waiver or relinquishment to any extent of its right to assert or rely
upon such terms or rights on any future occasion.
21. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the
date of final acceptance of the work by the City. Contractor warrants that all
practices and procedures, workmanship, and materials shall be the best available
unless otherwise specified in the profession. Neither acceptance of the work nor
payment therefore shall relieve Contractor from liability under warranties
contained in or implied by this contract.
22. 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's fees and court costs including attorney's fees and court costs
on appeal.
23. Governing Law
The provisions of this Agreement shall be construed in accordance with the
provisions of the laws of the State of Oregon. Any action or suits involving any
questions arising under this Agreement must be brought in the appropriate court
of the State of Oregon.
24. 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 and the proposal of the
Contractor, this instrument shall control and nothing herein shall be considered as
an acceptance of the said terms of said proposal conflicting herewith.
25. Indemnification
Contractor warrants that all its work will be performed in accordance with generally
accepted professional practices and standards as well as the requirements of applicable
federal, state and local laws, it being understood that acceptance of a contractor's work by
City shall not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, agents and
employees and hold them harmless from any and all liability, causes of action,
claims, losses, damages,judgments or other costs or expenses including attorney's
fees and witness costs and (at both trial and appeal level, whether or not a trial or
appeal ever takes place)that may be asserted by any person or entity which in any
way arise from, during or in connection with the performance of the work
described in this contract, except liability arising out of the negligence of the City
and its employees. 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
validity of the remainder of this indemnification.
26. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force
and effect throughout the term of this contract. Such insurance shall cover all risks
arising directly or indirectly out of Contractor's activities or work hereunder, including
the operations of its subcontractors of any tier. Such insurance shall include provisions
that such insurance is primary insurance with respect to the interests of City and that any
other insurance maintained by City is excess and not contributory insurance with the
insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its
subcontractor 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(1996 ISO 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
Medical Expense (Any one person) $5,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at
contractor's expense, and keep in effect during the term of the contract,
"Symbol 1" Commercial Automobile Liability coverage including
coverage for all owned, hired, and non-owned vehicles. The Combined
Single Limit per occurrence shall not be less than$1,000,000.
C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any,
and all employers providing work, labor or materials under this Contract
are subject employers under the Oregon Workers' Compensation Law and
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 to
obtain such coverage." This shall include Employer's Liability Insurance
with coverage limits of not less than $100,000 each accident.
D. Additional Insured Provision: The City of Tigard, Oregon, its officers,
directors, and employees shall be added as additional insureds with respect
to this contract. All Liability Insurance policies will be endorsed to show
this additional coverage.
E. Notice of Cancellation: There shall be no cancellation, material change,
exhaustion of aggregate limits or intent not to renew insurance coverage
without 30 days written notice to the City. Any failure to comply with this
provision will not affect the insurance coverage provided to the City. The
30 days notice of cancellation provision shall be physically endorsed on to
the policy.
F. Insurance Carrier Rating: Coverage provided by the Contractor must be
underwritten by an insurance company deemed acceptable by the City.
The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
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 effected until the required certificates have been
received and approved by the City. The certificate will specify and
document all provisions within this contract. A renewal certificate will be
sent to the above address 10 days 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.
1. Primary Coverage Clarification: All parties to this contract hereby agree that
the contractor's coverage will be primary in the event of a loss.
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.
Contractor's insurance policy shall contain provisions that such policies shall not
be canceled or their limits of liability reduced without thirty(30) days prior notice
to City. A copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company, or at the discretion of City, in
lieu thereof, a certificate in form satisfactory to City certifying to the issuance of
such insurance shall be forwarded to:
City of Tigard
Attn: Michelle Wright, Business Manager
13125 SW Hall Blvd
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the
work. Ten days cancellation notice shall be provided City by certified mail to the
name at the address listed above in event of cancellation or non-renewal of the
insurance. 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.
27. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail should be
addressed as follows:
City of Tigard Company: DMR Concrete
Attn: Parks Supervisor Martin McKnight Attn: Matt Bowlin
Address: 13125 SW Hall Blvd. Address: PO Box 763
Tigard,Oregon 97223 Newberg, OR 97132
Phone: 503-639-4171 ext. 2598 Phone: 503-538-9452
Fax: 503-684-8840 Fax: 503-538-4179
Email Address: martingtigard-or.gov Email Address DMRConcrete(a,aol.com
and when so addressed, shall be deemed given upon deposit in the United States
mail,postage prepaid. In all other instances, notices, bills and payments shall be
deemed given at the time of actual delivery. Changes may be made in the names
and addresses of the person to whom notices, bills and payments are to be given
by giving written notice pursuant to this paragraph.
28. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in
performance of this Agreement. That list shall identify the location of storage and use of
all such hazardous substances and identify the amounts stored and used at each location.
Contractor shall provide City with material safety data sheets for all hazardous substances
brought onto City property, created on City property or delivered to City pursuant to this
Agreement. For the purpose of this section, "hazardous substance" means hazardous
substance as defined by ORS 453.307(4). Contractor shall complete the State Fire
Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City
to complete any such survey that it may be required to complete because of substances
used in the performance of this Agreement.
29. Hazardous Waste
If, as a result of performance of this Agreement, Contractor generates any
hazardous wastes, Contractor shall be responsible for disposal of any such
hazardous wastes in compliance with all applicable federal and state requirements.
Contractors shall provide City with documentation, including all required
manifests, demonstrating proper transportation and disposal of any such
hazardous wastes. Contractor shall defend, indemnify, and hold harmless City for
any disposal or storage of hazardous wastes generated pursuant to this Contract
and any releases or discharges of hazardous materials.
30. 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 remainder of
this Agreement shall remain in full force and effect and shall in no way be
affected or invalidated thereby.
31. Demolition—Salvage and Recycling
As required by ORS 279C.510, Contractor shall salvage or recycle any
construction and demolition debris if feasible and cost-effective.
32. Complete Agreement
This Agreement and attached exhibits constitute the entire Agreement between the
parties. 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 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. Approved by Tigard's Local Contract Review Board: Not
required for this project
City of Tigard DMR Concrete
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Sign4®r Signature
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Date Date
EXHIBIT A
SCOPE OF WORK
DMR Concrete will install one concrete pad at Cook Park:
1 Saw cut and excavate for new 15.5' x 23' pad
2 Set forms, grade with 3/4"minus rock and compact
3 Pour 3,000 psi strength concrete
4 Install #4 re-bar 4' on center
5 Haul away spoils from excavation
Work encompasses installation of one concrete pad and entails saw cutting existing
concrete and demolition, setting forms, placing and finishing concrete.
DMR Concrete will provide labor, materials and services necessary to complete the
installation of the pad at Cook Park.
Time of completion: October 14, 2011
Total Cost: $2935.00