Greg Schroeder Inc (GSE) ~ CP15010 City of Tigard
CONTRACT CHANGE ORDER 13125 S11'Ball Blvd.
■ AMENDMENT #1 SUMMARY Tigard,Oregon 97223
Phone- (503) 639-4171
Fax- (503) 684-7297
www.d and-or. ov
Project Title: Ash Avenue Dog Park Relocation— Project Manager: Martin McKnight
Zuber Property
Contractor: GSE, Inc. Original Contract#: CP15010
Effective Dates: 5/25/15 Chane Order/Amendment Amount: $4,110.00
AccountingStrin :940-8000-56005-97025-130 Amendment Percentage Running Total: 6%
AMENDMENT DETAILS
Excavation and haul-off 236.02t
180 cubic yards @ $12 $2,160
2"vent pipe—70 if @$15 $1,050
2—3" trees @ $450 $900
Extend completion date to 7/31/15
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract $64,848
Amendment#1 $4,110
Contract Total $68,958
REASONING FOR CHANGE ORDER/AmENDMENT
More excavation was required to accommodate the chip depth in relation to the ADA portion of the project.
The vent pipe was a plumbing code requirement.The extra 701f was to move the pipe from the middle of the
ark to the fence line.
The arborist said there was no way the trees in the existing dog park could be moved. New trees had to be
purchased.
The contract has been extended because the fence material did not get delivered on time.
REQUESTING PROJECT MANAGER APPROVI ITY STAFF
Signature -- - Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
�oc-lC..
i
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
ASH AVENUE DOG PARK RELOCATION—ZUBER PROPERTY
CP15010
AMENDMENT#1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City,and GSE,Inc.,hereinafter referred to as Contractor, entered into on the 27th day of May, 2015,
is hereby amended as follows:
1. Services
The work to be done under this project consists of the construction of a new dog park at 9025 SW
Burnham Street,Tigard, OR 97223. Contractors services under this .agreement shall consist of the
following.
• Minor grading
• Installation of fencing
+ Installation of concrete pads and entryways
• Installation of site utilities (sanitary sewer and water services)
• Removal/relocation of site amenities from existing Ash Avenue Dog Park-
Excavation
arkExcavation and haat off 236.20t
o 180 cy Cc�. $12
o 2"tent pipe—70 If 4*u $15
o 2—3"trees (rr $=150
8. COMPENSATION
A. Progress Payments: City agrees to pay Contractor Si>sy 'T ;=1
Sixty Eight Thousand Nine Hundred Fifty-
Eight and No/100 Dollars ($68,958.00) for performance of those services provided
herewider.
The following language is from the Attachment A:
3. Schedule
• All work must be completed by jure-4001-&July 31, 2015
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD GSE,INC.
Signature Signature
Printed Name Printed Name
z���-
Jamie Greenberg
From: Jeff Peck
Sent: Tuesday, September 01, 2015 2:43 PM
To: Jamie Greenberg
Subject: FW: Ash Ave. Dog Park
Attachments: DogParkTimeline.pdf
GSE sent this over to give us an updated schedule as to when the fence was going to be installed.
The dates referenced are off by a couple of weeks
Does this help?
From: kaseCabaol.com [mailto:kgse(@aol.com]
Sent: Monday, July 06, 2015 10:07 AM
To: Mike White; Martin McKnight; Jeff Peck; gse48Cabyahoo.com
Subject: Ash Ave. Dog Park
Per Greg's instructions, please see the attached.
If you have any questions, please give him a call at 503-780-4734.
Thank you.
Kathy
GSE INC
503-654-4734
DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail
may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained
by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule."
1
GSEINC. 9812 S.E. Wichita Ave.
GREG SCHROEDER EPITERPRiSES Mitwaukie, OR 97222
or-c-uc 503-654-4734
7M 503-652-2333
CCB#99793
TO: Mike White
Martin McKnight
JeffPeck
City of Tigard
RE: ASH AVE.DOG PARK RELOCATION—TIMELINE
Attached: Fence company schedule.
Complete bark dust after fence installed.
Monday 7/5/15 Strip forms.
Tuesday 7/7/15 Start moving U12's.
Tuesday 7/7/15 Move bicycle from sidewalk.
Please call me with any questions.
n
The fence problem is what is holding the completion of the project.
Hope this will work.
nterstate
FwVe
Company
10921 N.E. St.Johns Rd.,Vancouver,WA 98686
360-882-9242 or 503-254-8068(office)503-254-0000(fag)
OR CCB 161528/WA#INTERFC935C6
RE: Ash Ave. Dog Park Fence&Gate .
The following is a time line of events for this project:
5-26 Project Bid
6-3 Submittals Sent Via.E-Mail
6-19 Received Contract
6-26 Returned Contract and Resent Submittals—Received Joint Check Agreement For Material
6-29 Material Ordered
7-1 Material Supplier confirmed all Material with Ship Date to IFC of 7-8 (weekly delivery on Wednesday)
7-9 IFC to Install Fence Posts
7-13-7-17 IFC to Install All Fence and Gates This Week
Typically our black chain link fence material has a 1 'h week lead time at a minimum. We were going to pull some
material from our other projects that hadn't yet started and still met the same specifications.
This is also the busiest time of the year for our trade and we currently have an almost 4 week lead time to stamnew
work. We do however try to keep one or two crews available for customers like GSE with whom we do repeat
business with on a regular basis.
Interstate Fence will start installing the fence posts as soon as we receive them in order to speed this project along as
fast as we can.
With the time Iine that I have provided we will have this work completed sometime in the week of the 131H
We hope this time frame will work with GSE and the City of Tigard's schedule.
If you have any questions please feel free to call any time.
Thanks,
Mike LaValla
President
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUS T ACCOMPANY EVERY CONTRACT f�
Contract Title: Ash Avenue Dog Park Relocation—Zuber Prop. Number: I 4
Contractor: GSE, Inc. Contract Total: $64,848
Contract Overview: Work to be done under this project consists of the construction of a new dog park at
9025 SW Burnham Street,Ti rd, OR 97223.This work includes minor grading,
installation of fencing,installation of concrete pads and entryways,installation of site
utilities and removal/relocation of site amenities from existing Ash Avenue Dog
Park.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps: Insurance requirements from matrix
Risk Comments:
Risk Signature:
Contract Manager: Martin McKnight Ext: 2598 Department: Parks
Type: ❑ Purchase Agreement ❑ PersonalService ❑ GeneralService ® Public Improvement
❑ IGA ❑ Other: Start Date: 5/27/15 End Date: 6/25/15
Quotes/Bids/Proposal: FIRM Amotn_v'_r/ CORE
GSE,Inc. $64,848
DaNeal $65,680
DE Excavation No Response
Hewett Construction No Response
Account String: Fund-Division-Account Work Order—Activit;T=e Amount
FY 2015/16 940-8000-56005 97025-130 $64,848
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comment
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Offzce along with a
completed Contract Checklist.
c-P i 5dlb
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
ASH AVENUE DOG PARK RELOCATION-ZUBER PROPERTY
THIS CONTRACT,made and entered into this 27'day of May, 2015,by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City" and GSE, Inc. 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 Quote Proposal;
THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
The work to be done under this project consists of the construction of a new dog park at 9025 SW
Burnham Street, Tigard, OR 97223. Contractor's services under this Agreement shall consist of the
following.
• Minor grading
• Installation of fencing
• Installation of concrete pads and entryways
• Installation of site utilities (sanitary sewer and water services)
• Removal/relocation of site amenities from existing Ash Avenue Dog Park
2. Prevailing Wage
The provisions of ORS Chapters 279A and 279C 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.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for
those labor and services and withhold these amounts from payment s that are due the Contractor in
accordance with ORS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work 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. Contractor shall also require in
every subcontract to this Agreement that the subcontractor file a public works bond with the
Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless
otherwise exempt.
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For contracts $50,000 or greater,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 sixty(60) days from the date work first began,whichever comes first.
3. Pre-Construction Conference
Contractor and listed subcontractors shall attend and participate in any pre-construction conferences
described or listed in the general conditions before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared
by the City and performance pertaining to this Agreement,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. The
contract documents include the documents with the following titles that are bound in the solicitation
documents and the standard documents comprised of the Oregon Standard Specification for
Construction, 2008,Volume 1 and Volume 2.
5. City's Representative
For purposes hereof, the City's authorized representative will be lbfartin McKnight, Grounds
Supervisor,who can be reached by telephone at(503) 718-2598 or by email at martin a�?s.tiggr-or.gov.
6. Contractor's Representative
For purpose hereof, the Contractors authorized representative will be Greg Schroeder who can be
reached by telephone at(503) 654-4734 or by email at gse48as yahoo_com.
7. 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.
8. Compensation
A. Progress Payments: City agrees to pay Contractor Sixty Four Thousand Eight Hundred Forty
Eight and No/100 Dollars ($64,848.00) for performance of those services provided hereunder,
which payment shall be based upon the following applicable terms:
The City will pay only for the Work performed according to the terms of the Agreement.
Payment constitutes full compensation to the Contractor for furnishing all materials, equipment,
labor, and incidentals necessary to complete the Work; and for risk, loss, damage, and expense
arising from the nature or prosecution of the Work or from the action of the elements, subject to
the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance for the
Project in the total cost of the Work to be performed.
Contractor shall prepare and submit each month to the City Engineer at 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 state date,
together with a request for payment duly verified by the Contractor's Representative and copies of
certified payroll statements.
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
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of installments shall not be considered acceptance or approval of any work or waiver of any
defects therein. Citv certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Funding in future fiscal years shall be
contingent upon budgetary approval by the Tigard City Council.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required
proof of payment to subcontractor and suppliers is not included with a statement.
As required under State of Oregon Prevailing Wage Rate (PVVR) Law, the City shall withhold 25%
of any progress payment amounts owed to Contractor if Contractor has failed to file certified
statements with the City.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
2790.555, shall be made to the Contractor 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 and City agree that the
City will suffer damages each day the work remains uncompleted after the Time of Completion
and that the amount of those damages are difficult to calculate. Contractor and City agree that a
reasonable amount of damages for late completion is $500.00 per day and Contractor agrees to pay
damages in that amount if the work is not completed by the Time of Completion.
C. Final Payment: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, including the retained
percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final
acceptance.
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.
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.
9. 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
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be solely responsible for all payments and taxes required by lay. 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.
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 shall obtain,prior to the execution of any performance under this Agreement, a City of
Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31st expiration date. New businesses operating in Tigard after June 30th of the current
year will pay a pro-rated fee though the end of the calendar year.
F. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
10. 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 Lav specified minimum wage.
11. 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 to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
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3) Not permit any lien or claim to be tiled 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 applicable prevailing rate
of wage, which certificate and statement shall be verified by the oath of the Contractor or the
Contractors 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 Contractors 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 workers 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:
a) 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 Contractors Surety from
obligation with respect to any unpaid claims.
A 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
workweek 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. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. 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.
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G. 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.515(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.
H. 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).
12. Drug Tesf=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
dmg-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.
13. 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 as referenced in ORS
279C.530.
14. 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.
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15. 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 withinn 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 lav 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 wluch 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.
16. 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 makuig audit,examination,excerpts,and transcripts.
17. Work is Property of f C
All work performed by Contractor under this Agreement shall be the property of the City.
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18. 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.
Pursuant to ORS 279C.525(1), the following list identifies Governmental Agencies of which the
City has knowledge that have enacted Environmental Laws which may affect the performance of
the work:
FEDERAL AGENCIES
Agriculture
• Department of Forest Service
• Soil Conservation Service
Defense
• Department of Army Corps of Engineers
➢ Energy
• Department of Federal Energy Regulatory Commission
➢ Environmental Protection Agency
➢ Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
,o, Interior,Department of
• Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
• Bureau of Land Management
• Bureau of Mines
• Bureau of Indian Affairs
• Bureau of Reclamation
• Geological Survey
• Minerals Management Service
Labor,Department of
age 8
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
> Transportation,Department of
• Coast Guard
• Federal Highway Administration
> Water Resources Council
STATE AGENCIES
Administrative Services,Department of
Agriculture,Department of
➢ Columbia River Gorge Commission
➢ Consumer&Business Services,Department of Oregon Occupational Safety&Health
Division
➢ Energy,Department of
Environmental Quality,Department of
➢ Fish and Wildlife,Department of
➢ Forestry,Department of
Geology and Mineral Industries,Department of
Human Resources,Department of
➢ Land Conservation and Development Commission
Parks and Recreation,Department of
Soil and Water Conservation Commission
A State Engineer
➢ State Land Board
Water Resources Board
LOCAL AGENCIES
➢ City Council
County Court
County Commissioners,Board of
Port Districts
➢ Metropolitan Services Districts
➢ County Service Districts
➢ Sanitary Districts
➢ Water Districts
Fire Protection Districts
19. 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
gc . 9
this section shall excuse the Contractor from proceeding with the prosecution of the work in
accordance with the Contract, as changed.
20. Force Majetwe
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.
21. 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.
22. 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 therefore shall relieve Contractor from liability under
warranties contained in or implied by this contract.
23. 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.
24. 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.
25. 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.
26. 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.
Page 110
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 ficial 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.
27. 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 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 coveting 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 $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
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
1 c j 11
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 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.
L Primacy 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.
.etc 12
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
28. Method and Place of Giving Notice,Submitting Bi71s 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 GSE,INC.
Attn: Martin McKnight,Grounds Supervisor Attn: Greg Schroeder
Address: 13125 SW Hall Blvd Address: 9812 SE Wichita Avenue
Tigard,Oregon 97223 AUwaukie,Oregon 97222
Phone: (503) 718-2598 Phone: (503) 654-4734
Email: mart in(a,tigard-or.vov Email: gse4ft�vahoo.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.
29. 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(5). 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.
30. 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
t. 13
storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of
hazardous materials.
31. 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.
32. 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.
33. Complete Agreement
This Agreement, including the attachments, is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. No waiver, consent,
modification,or change of terms of this Agreement shall bind either party unless in writing and signed
by both parties. Such waiver, consent, modification, or change if made, shall be effective only in
specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Contractor, by the
signature of its authorized representative, hereby acknowledges that he/she has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD GSE,INC
By: Marty XXI ne, 6y Manager By: Authorized Contractor Representative
e� e Glt 2y�� �s�a��is
Date Date
Page 14
ATTACHMENT A
PROJECT SCOPE
1. Back_round
The City of Tigard intends to construct a dog park at 9025 SW Burnham Street. Amenities from the
existing dog park are to be relocated to the new site. The house has been demolished and removed
from the property. Erosion Control measures and tree protection fencing has been left in place from
the demolition work. Contractor is required to maintain both erosion control and tree protection
measures for the duration of the work. Contractor to remove such measures at the completion of the
project.
2. Scope of Work
A. New Site Improvements:
• Contractor required to call in all locates prior to commencement of construction activities.
• Minor site grading-contour existing ground to eliminate abrupt grade changes and slope the site
from north to south at min. 1%or as directed in the held by city staff. (Grading area:
approximately 11,000 square feet).
• Installation ofgeotextile fabric on subgrade (approximately 11,000 square feet).
• Installation of 2" of aggregate leveling course (3/4"-0).
• Installation of G"of Engineered Wood Fiber. Engineered wood fiber to be Rexius Fiberex TM or
approved equal.
• Installation of 5'tall black vinyl-coated perimeter fencing.
• Installation of(2) 4'wide access gates.
• Installation of(2) 5'wide swing gates for vehicle access.
• Installation of domestic water service for dog/pedestrian drinking fountain.
• Installation of backflow device and box behind existing meter (onsite).
• Installation of 4"PVC sewer lateral and sanitary sewer cleanout.
• Installation of circular catch basin—drain to sanitary sewer.
• Installation of ADA compliant concrete approach and apron for sun shelter.
• Installation of concrete pads for benches.
• Installation of concrete sidewalk on Ash Avenue to fill in gap.
• Installation of pre-mark thermoplastic pavement markings on SW Ash Avenue.
• Landscape area between sidewalk and fence on Burnham St-Install 3"thick section of medium
fir bark mulch. Approximate area: 540 square feet. Neat Bark mulch Volume: 5 CY.
• Install 40 LF Typar Bio Barrior along back of sidewalk on Burnham Street where the two new
street trees are to be planted
• Contractor to coordinate with Martin McKnight for water shutoff to existing dog park. City to
install temporary hosebib after the existing backflow device in the old park to maintain water
services for park users so the drinking fountain can be removed and reinstalled at new location.
B. Relocation of Site Amenities from Ash Avenue Dog Park
• Removal/relocation of pedestrian/dog drinking fountain. Fountain to be hooked up and
installed by a licensed plumber in the State of Oregon.
• Removal/relocation of double check assembly. Install behind water meter on dog park
property.
• Removal/relocation of Dog Park sign currently located at the southeast comer of Ash
Ave/Bumham St intersection to new location identified on the Site Plan,Sht. C-1.09.
a 15
• Removal/relocation of bicycle rack.
• Removal/relocation of trash can.
• Removal/relocation of 2"x12"pressure treated boards along perimeter fencing as needed.
• Removal/relocation of wood bench located at southeast corner of Bumham/Ash Ave
intersection.
• Removal/relocation of existing Sun Shelter. Primary shelter intact. Contractor to
purchase/install new posts.
• Removal/relocation of benches.
• Removal/relocation of two trees from existing park to new facility.
• Removal/relocation of decorative hydrant.
• Removal/relocation of large concrete pipes.
• Removal/relocation of scoop dispensers.
• Removal of existing fencing,gates, fence material upon opening of new dog park facility.
Contractor to cut fence posts at ground level and provide all fencing material to PW parks staff.
3. Schedule
• All work must be completed by June 30,2015.
• Contractor will be allowed a one-time closure to relocate dog park amenities from the existing park
to the new dog park location. The closure will be limited to two (2) consecutive calendar days.
4. Drawings and Additional Information
The following drawings are attached for this project:
• Improvement Drawings for Tigard Dog Park Relocation,Dated:April 2015. (Exhibit 1)
• Contractor is directed to ignore demolition notes indicated on Sht. C-1.07 except Keynote 8.
• Ward hydrant to be returned to Public Works Parks Department
P lige ; 16
ATTACHMENT B
PUBLIC IMPROVEMENT CONTRACT-PERFORMANCE BOND
CITY OF TIGARD
Bond Number: 2199002
Project Name: Ash Avenue Dog Park Relocation - Zuber Property
North American Specialty Insurance
Company (Surety#1) Bond Amount No. 1: $64,848.00
(Surety#2)* Bond Amount No.2:* $
If using muhiok swrfies Total Penal Sum of Bond: $64,848.00
We, Greg Schroeder Enterprises, Inc. dba GSE, Inc. as Principal, and the above identified
Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators, successors,and assigns firmly by these presents to pay
unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond)Sixty Four Thousand Eight Hundred Forty Eight Et No/100- -($64,848.00) 1 (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself,
jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of
such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard,the plans, specifications, terms,
and conditions of which are contained in the above-referenced project solicitation;
WHEREAS,the terms and conditions of the contract, together with applicable plans,standard specifications,
special provisions, schedule of performance, and schedule of contract prices, are made a part of this
Performance Bond by reference,whether or not attached to the contract(all hereafter called"Contract");and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications, and all authorized modifications of the Contract which increase the
amount of the work, the amount of the Contract, or constitute an authorized extension of the time for
performance,notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the principal herein
shall faithfully and truly observe and comply with the terms of the contract and performs the contract
within the time prescribed by the contract, then this obligation is null and void; otherwise it shall remain in
full force and effect. If the contractor is declared by City to be in default under the contract,the surety shall
promptly remedy the default, perform all of contractoes obligations under the contract in accordance with
its terms and conditions and pay to City all damages that are due under the contract, This obligation jointly
and severally binds the contractor and surety and their respected heirs, executors, administrators, and
successors. Nonpayment of the bond premium shall not invalidate this bond nor shall the City of Tigard be
obligated for the payment of any premiums.
This bond is executed for the purpose of complying with ORS 279C and the Tigard Public Contracting
Rules,the provisions of which are incorporated herein and made a part hereof.
Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the contract, or the work to be performed thereunder, or the specifications
accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice
of any such change, extension of time, alteration,or addition to the terms of the contract or to the work or
to the specifications.
Page 1 17
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 29th day of May 2015
PRINCIP c roeder n qpisesj, Inc. dba GSE, Inc.
f,, [ Signature
Printed Name&Title
Attest
SURETY•North American Specialty Insurance Company
(Add sigwtures for each tenet&if-vsmj mz(AVle bmrde)
BY ATTORNEY-IN-FACT:
(Power of-Attorney must acrampag amb surd&bvn4
Gloria Bruning
Na
q&Au')
Signature
1201 SW 12th Ave., #500
Address
Portland, OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
Page 118
AT'T'ACHMENT C
PUBLIC IMPROVEMENT CONTRACT-PAYMENT BOND
CITY OF TIGARD
Bond Number:2199002
Project Name:Ash Avenue Dog Park Relocation - Zuber Property
North American Specialty Insurance
Company (Surety #1) Bond Amount No. 1: $64,848.00
(Surety #2)* Bond Amount No.2:* $
*fusing multiple sureties Total Penal Sum of Bond: $64,848.00
We, Greg Schroeder Enterprises, Inc. dba GSE, Inc. as Principal, and the above identified
Surety(es), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators, successors,and assigns firmly by these presents to pay
unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond) Sixty Four Thousand Eight Hundred Forty Eight Et No/100---($64,848.00) (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself,
jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of
such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard,the plans, specifications, terms,
and conditions of which are contained in above-referenced project solicitation;
WHEREAS,the terrns and conditions of the contract, together with applicable plans,standard specifications,
special provisions, schedule of performance,and schedule of contract prices,are made a part of this Payment
bond by reference,whether or not attached to the contract(all hereafter called"Contract");and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements,plans,and specifications,and schedule of contract prices which are set forth in the Contract and
any attachments, and all authorized modifications of the Contract which increase the amount of the work,or
the cost of the Contract,or constitute authorized extensions of time for performance of the Contract,notice of
any such modifications hereby being waived by the Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully
and truly observe and comply with the terms, conditions, and provisions of the Contract, in all respects, and
shall well and truly and fully do and perform all matters and things by it undertaken to be performed under said
Contract and any duly authorized modifications that are made,upon the terms set forth therein, and within the
time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the
Sureties,and shall indemnify and save harmless the City of Tigard its officers,agents,and employees against any
claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be
suffered in connection with or arising out of the performance of the Contract by the Contractor or its
subcontractors, and shall promptly pay all persons supplying labor, materials, or both to the Principal or its
subcontractors for prosecution of the work provided in the Contract; and shall promptly pay all contributions
due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or
its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon
Department of Revenue all sums required to be deducted and retained from the wages of employees of the
Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien nor claim to be filed or
prosecuted against the City on account of any labor or materials furnished; and shall do all things required of
Page 1 19
the Principal by the laws of the State of Oregon,then this obligation shall be void,otherwise,it shall remain in
full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the
payment of any premiums.
This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting
Rules,the provisions of which are incorporated into this bond and made it part hereof
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 29th day of May 2015
PRINCIPAL:Greg a er n p ' s;fir . dba GSE, Inc.
By
r Signature
Printed Name&Title
Attest
SURETY: North American Specialty Insurance Company
(Add signatures for emb surety if rrsm&multiple bonds)
BY ATTORNEY-IN-FACT:
(Panner-of-Attorney must acompany each srrrey bax�
Gloria Bruning
Name
Signature
1201 SW 12th Ave., #500
Address
Portland, OR 97205
City State Zip
503-224-2500 503-224-9830
Phone Fax
Page I20
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International
Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg,Illinois,each does hereby make,constitute and appoint:
GENE M.DIETZMAN,GLORIA BRUNING,PHILIP O.FORKER,RAY M.PAIEMENT,KAREN A.PIERCE,CHRISTOPHER REBURN,
VICKI MATHER,J.PATRICK DOONEY II,RICHARD W.KOWALSKI,BRENT OLSON, JOEL DIETZMAN and TAMI JONES
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of
FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9h of May,2012:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
Haft
yaunnrrn
�,� �UILITY�, 4i��y SIOdg1
w titi �...
By :GpiiPO �:-vG
O?. S :O 4 Steven P.Anderson,Senior Viae President of Washington International Insurance Company �' s�l
197$ 'n &Senior Vice President of North American Specialty insurance Company
s J�, �." ;In
aQ'y1Niis y n
By "
David M.Layman,Vice President ofwashington International Insurance Company
&Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this3l st day o f May 2013
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 31 st day of May ,20_13,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their
E
respective Qcoom�panies. ( ��,�y/� /�f/f��
10ALSEA N �tUiv'v�^ •NAD.SKLENS
ry Public,State ofIllinois Donna D.Sklens,Notary Public
q P 4' 'aa Ex in:s lolObmu
I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this2 gll„day of ,20 �} .
Jeffrey Goldberg,Vice President&Assistant Secretary of
Washington International Insurance Company&North American Specialty Insurance Company
ATTACHMENT D
CONTRACTOR'S PROPOSAL
P,ig 21
ATTACHMENT A
QUOTE FORM(PROPOSAL)
ASH AVENUE DOG PARK RELOCATION—ZUBER PROPERTY
This quote must be signed in ink by an authorized representative of the submitting contractor; any
alterations or erasures to the quote must be initialed in ink. by the undersigned authorized
representative.
Project: Ash Avenue Dog Park Relocation--Zuber Property
Bid Due Date: Tuesday_May 19,2015
The Undersigned(check one of the following and provide additional information):
An individual doing business under an assumed name registered under the laws of the State
of :or
A partnership registered under the laws of the State of :or
A corporation organized under the laws of the State of Oft a PJ- :or
A limited liability corporation organized under the laws of the State of
hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the
above project in strict accordance with the contract documents for the quotation as follows:
Quotation Total in Numerical Fora
andQo_/100
Dollars
Quotation Total in Written Form
and the Undersigned agrees to be bound by all documents comprising the contract documents as
defined in the attached Contract The Undersigned declares that it has carefully examined the site(s)
of the work, the contract documents, quotation docLunents, and forms. Submission of this quote
shall be conclusive evidence that the Undersigned has investigated and is satisfied as to the condition
to be encountered,as to the character, quality and scope of work to be performed,the quantities of
materials to be furnished,and as to the requirement of the contract documents.
The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard.,
within ten (10) days after receiving the Contract forms, a satisfactory Performance Bond and a
satisfactory Payment Bond each in an amount equal to one hundred percent(100%) of the Contract
sura,using the forms provided by the City. The surety(ies)requested to issue the Performance Bond
and Payment Bond will be .. �t at'i e-atj mss r LS 14 ie The
Undersigned hereby authorizes said surety(ies) company(les) to disclose any information to the City
concerning the Undersigned's ability to supply a Performance Bond and Payment Bond each in the
amount of the Contract.
The Undersigned certifies that: (1) This Bid has been arrived at independently and is being
submitted without collusion with and without any agreement, understanding, or planned common
course of action wida any other vendor of materials, supplies, equipment, or services described in
5 1 P a g
the solicitation documents designed to limit independent bidding or competition; and (2) The
contents of the Bid have not been communicated by the Undersigned or its employees or agents to
any person not an employee or agent of the Undersigned or its surety on any bond f itnished with
the Bid and will not be communicated to such person prior to the official opening of the Bid_
The Undersigned 9 HAS r-1 HAS NOT(check applicable status)paid unemployment or income taxes
in Oregon within the past 12 months and ❑ HAS ❑ HAS NOT (check applicable stat`rts) a business
address in Oregon.
The Undersigned M HASE]-HAS NOT (check applicable staters) complied with any Affirmative
Action Requirements included within the procurement documents.
7."he Undersigned agrees, if awarded a contract, to comply with the provisions of ORS 2790.800
through 279C.870 pertaining to the payment of the prevailing rates of wage.
Tiie Undersigned's CCB re Stratton number is 91143 with an expiration
date of (a 15 15As a condition to submitting a bid, a Contractor must be registered
with the Oregon Construction Contractors Board in accordance with ORS 701.035 to 701.055,acid
disclose the registration .number. Failure to register and disclose the number will make the bid
unresponsive and it will be rejected unless contrary to federal lay. The Undersigned further certifies
that the Undersigned shall provide proof to the City prior to the beginning of any of the work that
the Undersigned has filed a public works bond with a corporate surety in the amount of $30,000
with the Construction Contractors Board as requited under Oregon PWR lawn
The successful quoting contractor hereby certifies that all subcontractors who will perforin
construction work as described in ORS 701.005(2) were registered with the Construction
Contractors Board in accordance with ORS 701.035 to 701.055 at the time the subcontractor(s)
made a bid to work under the contract.
The successful contractor hereby certifies that,in accordance with the Worker's Compensation Law
of the State of Oregon, its Worker's Compensation Insurance provider is
kl6eklku -M I ' , Policy No.U_e__--3?S f>!W 29 z and that the Undersigned
shall submit Certificates of Insurance as required tn/ f>^
Name of Submitting Company: -E,:r4.1C
Company Address: 9161a ser w i e h E t-n N u-
Federal Tax ID:
Telephone/Fax:
6 1 a ,, e
i
I attest that I have the authority to commit the firm named above to this quotation amount anis
acknowledge that the firm meets the qualifications necessary to perform this Work as outlined in the
Request for Quotation I understand that I will be required tope necessa 7`
verify that the firm meets these qualifications if selected for thes s nt Contract
y
Authorized Signature: '--`
Printed Name&Title: ootfa L52t71`(ed eI`a Ru
Date: 15 v)b`I.5
ASH AVENUE DOG PARK RELOCAITON—ZUSER PROPERTY CONSTRUCTION QUOTE SHEET
DETAIL_
_Item# Description Y� --9!3r--unit Unit$ Total$_
Site Work
Iii 6%t'16' oEDo Park Fa bun,
,►�hr _ Rfio
I g
Complete. Sum
Pmyect
Total $ .
7 I�agr
ExHIBIT 1
DRAWINGS
Age 122
D nI¢R
IMPROVEMENT DRAWINGSfoR
- "��"
TIGARD DOG PARK RELOCATION `
TIGARD,WASHINGTON COUNTY,OREGON
APRIL 2015 �,��♦�°- o
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