Tennis Surfacing & Maintenance ~ File No. M03-04 City of Tigard, Oregon
CONTRACT FOR CONSTRUCTION
Bonita Park @ Milton Court
File No. M 03-04
This contract made and entered into this 12th day of February 2005, by and between the City of Tigard, a municipal
corporation of the State of Oregon, hereinafter called "City" and (full name and address of person or firm) Tennis
Surfacing & Maintenance, 7100 SW 103rd Ave, Beaverton, OR 97008-6051 hereinafter called "Contractor", duly
authorized to perform such services in Oregon.
WITNESSETH:
WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions
hereinafter described; and
WHEREAS, Contractor is able and prepared to provide such services as City does hereinafter require, under those
terms and conditions set forth; now therefore,
IN CONSIDERATION of those mutual promises and the terms and conditions set forth hereafter, the parties agree
as follows:
1. Services
Contractor's services under this Agreement shall consist of the following:
A. The provisions of ORS Chapters 279 and all other Oregon and Federal provisions pertaining to
minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor
agrees that 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,
and attached hereto.
B. For contracts $25,000 or greater, the Contractor shall pay a fee equal to one-tenth of one percent
(.001) of the price of the contract. 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 Hours Division
Prevailing Wage Unit
800 NE Oregon Street,#32
Portland, Oregon 97232
2. Contract Documents
A. The Contractor is hereby bound to comply with all requirements of this agreement, the Contractor's
proposal, the detailed specifications and requirements, the drawings, and the special conditions and
modifications in conditions as set forth in the documents prepared by the City Engineer and the
performance pertaining to this contract, in the City of Tigard, Oregon, and by this reference made a part
hereof to the same legal force and effect as if set forth herein in full.
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3. City's Representative
For purposes hereof, the City's authorized representative will be the City Engineer, 13125 SW Hall Blvd.,
Tigard, Oregon 97223;Telephone: 639-4171.
4. Contractor's Representative
For purpose hereof,the Contractor's authorized representative will be Steven A. Huber.
5. 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.
6. Compensation
A. Progress Payments: City agrees to pay Contractor $5,500.00 for performance of those services
provided hereunder,which payment shall be based upon the following applicable terms:
1. Payment shall be based upon the unit prices bid by the Contractor, as listed in attached
proposal.
2. Contractor shall prepare and submit each month to the City Engineer, 13125 SW Hall
Blvd., Tigard, Oregon 97223, a statement of services rendered, (indicating the description of each
service used in the proposal and the dollar amount of each service completed through the stated
date),together with a request for payment duly verified by the Contractor's Representative.
3. Payment by the City shall release the City from any further obligation for payment to
Contractor for services performed or expenses incurred as of the date of the statement of services.
Payment of installments shall not be considered acceptance or approval of any work or waiver of
any defects therein.
4. City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279.575, shall be made to the Contract within twenty (20) days of the City's receipt of the statement of
services. The Contractor agrees that the "Time of Completion" is defined in the Bid Proposal, and agrees
to complete the work by said date. The Contractor also agrees that liquidated damages are applicable after
said date in the amount of$ 50.00 per day.
C. Final Payment:
1. 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.
2. Upon acceptance by the City, the entire balance due to the Contractor, including the
retained percentage, shall be paid to the Contractor by the City within 30 days after the date of said
final acceptance.
3. The City shall pay to the Contractor interest at the rate of one and one-half percent per
month on the final payment due the Contractor, to commence 30 days after the work under the
Contract has been completed and accepted and to run until the date when final payment is
tendered to the Contractor. If the City does not, within 15 days after receiving written notice of
completion, notify the Contractor of work yet to be performed to fulfill contractual obligations, the
interest provided by this subsection shall commence to run 30 days after the end of the 15-day
period.
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4. As a further conditions 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.
7. Status Of Contractor As Independent Contractor:
A. Contractor certifies that:
1. 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 670.700 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 party) 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.
2. 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.
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.
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.
3. Contractor certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
4. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
8. Subcontracts-Assignment&Delegation
A. 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.
B. 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.
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9. 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 Worker's Compensation Law from
such Contractor or Subcontractor incurred in the performance of this contract;
3. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
4. Pay fee to the Bureau of Labor and Industries
5. 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. 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.
1. 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.
2. 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:
• 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.
• 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.
• 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.
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D. Contractor agrees that no person shall be employed for more than eight (8) hours in any one day,
or forty (40) hours in any one week, except in cases of necessity, emergency or where the City of Tigard
absolutely requires it, and in such cases the laborer shall be paid at least time and a half pay for all
overtime in excess of eight(8) hours a day and for work performed on Saturday and on any legal holiday as
specified in ORS 279.334.
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.
10. Drug Testing Program
ORS 279.312-(2) 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 this contract. 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 breach of contract.
11. 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.
12. 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 authorized by ORS 279.326.
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 suite 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 279.330 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.
13. 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
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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.
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.
14. 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.
15. Work is Property of City
All work performed by Contractor under this Agreement shall be the property of the City.
16. 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.
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C. As provided by ORS 279.318, 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.
17. Changes
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.
18. Force Majeure
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.
19. 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.
20. 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 Owner. 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 therefor shall relieve Contractor from liability under warranties contained in or implied by this
contract.
21. 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.
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22. 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.
23. 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.
24. 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.
25. 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 (1986 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
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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
Coverages 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 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
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thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be
forwarded to:
Vannie T. Nguyen, CIP Engineering Manager
City of Tigard
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.
26. Method And Place Of Giving Notice, Submitting Bills And Making Payments.
A. 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
Vannie T. Nguyen, CIP Engineering Manager
13125 SW Hall Blvd.
Tigard,Oregon 97223
CONTRACTOR:
Tennis Surfacing& Maintenance
7100 SW 103` Ave
Beaverton, OR 97008-6051
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.
27. 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.
28. 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.
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29. 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.
30. Complete Agreement
This Agreement and attached exhibits constitutes 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, the City has caused this agreement to be executed by its duly authorized undersigned
officer and the contractor has executed this agreement on the date herein above first written.
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Construction Contract-Bonita Park @ Milton Court-File No. M03-04
Tennis Surfacing& Maintenance Page 11 of 11
PHONE(503) 641-8897enns Surfacing ifacin & Maintenat FAX(503) 643-1749
7100 S.W. 103RD AVE.
BEAVERTON, OREGON 97008-6051
Proposal/Bid
DATE
1/28/2004
FNAME / ADDRESS
y of Tigard
Mike Mills/Edmund Tawiah
13125 SW Hall Blvd.
Tigard OR 97223
TERMS Steve Huber LOCATION
Net 10 SH Milton Court
DESCRIPTION TOTAL
Supply and install Plexipave Color Surfacing on 1 new asphalt basketball court at
Milton Park.
1. Pressure Wash Clean the new asphalt basketball court. 300.00
2. Level low areas that hold standing water over 1/8" deep, using Plexipave Patch 600.00
mix.
3. Apply 1 coat of Plexipave Acrylic Resurfacer, 3 coats of Plexipave Color Surfacing
in Dark Green, California Red, and Brown (Sahara Sand) per specification drawings,
and white basketball game lines.
Cost to supply and instaii Nexipave Coior Suifacing: 4,600.00
Our tax ID # 93-1024009 Steven A. Huber dba Tennis Surfacing &
Maintenance. TOTAL $5,500.00
Any alteration/condition involving extra cost
will be an extra charge. This bid may be ACCEPTANCE SIGNATURE
withdrawn by us if not accepted in 45 days.
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3 PCMPCRATI(* OREGONORKERS COMPENSATION
400 High Street 5E
CERTIFICATE OF INSURANCE
Salem,OR 97312-1000
Toll Free 1-800-285-8525
MAIL TO: REC '
STEVE A HUBER FEB 2 8 2004
TENNIS SURFACING & MAINTENANCE BY:
7100 SW 103RD
BEAVERTON, OR 97008-6051
The policy of insurance listed below has been issued to the insured named below for the policy
period indicated. The insurance afforded by the policy described herein is subject to all the
terms exclusions and conditions of such poiicY.
POLICY NO. — POLICY PERIOD
435346 ISSUE DATE
04101/2003 to 04/01/2004 02!03/2004
INSURED:
STEVE A HUBER BROKER OF RECORD:
TENNIS SURFACING & MAINTENANCE
7100 SW 103RD
BEAVERTON, OR 97008-6051
LIMITS OF LIABILITY
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
DESCRIPTION OF OPERATIONSII.00ATIONSISPECIAL ITEMS:
PROJECT: TENNIS CLUB
IMPORTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject
to change at any time in the future.
This certificate is Issued-as a matter of information only and confers no rights to the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by the policies
alcove.
AUTHORIZED REPRESENTATIVE
PATPOM