Dennis Seven Dees Landscaping ~ CP16004 Citi-of'Tigard
CONTRACT CHANGE ORDER/ 13125 SN\'Hall Blvd.
AMENDMENT 1 SUMMARY Tigard, Oregon 97223
Phone- (503) 639-4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
wycw.ti and-or. ov
Project Title: City Hall,Police, and Permit Center Project Manager: Kim McMillan
Exterior Restoration Landscaping Improvements
Contractor: Dennis' Seven Dees Landscaping Original Contract #: CP16004
Effective Dates: 8/15/15 1 Chane Order/Amendment Amount: $7,680.60
Accounting String: 400-8000-56005 —91013-140 1 Amendment Percentage Running Total: 11%
AMENDMENT DETAILS
Added irrigation to site this was not on the original design
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract Amount
$68,742.00
,amendment 1 $7,680.60
TOTAL $76,422.60
REASONING FOR CHANGE ORDER/AMENDMENT
It was determined that the irrigation needed to change at this time.
BUDGET IMPACT AND REQUIRED ACTIONS
REQUESTING PROJECT MANAGER APPRO G CC.-L .TAFF---
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 the
work. The unit pricing in the original contract shall apply to all Signature
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 the project's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
PUBLIC IMPROVEMENT CONTRACT
CITY HALL,POLICE,AND PERMIT CENTER EXTERIOR RESTORATION
LANDSCAPING IMPROVEMENTS—CIP#2014-91013
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Dennis' Seven Dees Landscaping, hereinafter referred to as Contractor, entered into on the
15"' day of August,2015,is hereby amended as follows:
8. Compensation
A. Progress Payments: City agrees to pay Contractor a total not to exceed Seventy Six Thousand Four
Hundred Twenty Two and 601100 Dollars ($76,422.60) Sixty Eight Thousand Seven Hundre
For-ty Two and No/100 09flar-s ($68,74240) for performance of those services provided hereunder,
which payment shall be based upon the following applicable terms:
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 DENNIS'SE,k-'-E1V D DSCAPING
y
Signature Signature
Printed Name Printed Name
Date Date
DENNIS' CHANGE ORDER 11830
S rE V E N �' ®
DEES JOB NUMBER DATE:
—
ia,idscaping&garden centers NAME: 4r
7355 SE Johnson Creek Blvd. ADDRESS:—..-.,-----
Pcr-land,OR 97206 CITYISTATEIZIP:
TEL 503,777 7777
WA TEL:360.737-3755 PHONE; _FAX:
FAX:503,777,2399
w.yw.dennls7dees.com OLCB#5009
DESCRIPTION Of SERVICE
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ADDITIONAL CHANGEZfRDER AMOUNT:
REASOqFQR CH GE:
SUB TIED BY:-- DATE:
PLEASE CHECK ONE:
0 Please provide an estimate of the cost of this change prior to beginning work.I realize that this may delay completion or create an
additional charge.
0 1 do not require an estimate. ease add any extra cost for this change to the bill for this project,
Above ad * nal wor epe rmed under same conditions as specified in original contract unless otherwise stipulated,
X DATE:
X DATE:
FOR.OFACE USE ONL(
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ACCOUNTING—WHITE SALES—YELLOW FOREMAN—GREEN CUSTOMER—PINK
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUS T ACCOMPANY EVERY CONTRACT)
Contract Title: City Hall,Police,and Permit Center Exterior 1,PLOW
Restoration Landscaping;Improxements Number: /(y
Contiactor: Dennis' Seven Dees Landscaping Contiact Total: 68.742.00
Contract Ovesu=iev. Landscaping and conciete paver pathways at the Permit Centex Euildiii 'Phase 1 L
and Cats Hall and the Police Department (Phase 2)
Initial Risk Level: ❑ E4treme ❑ High ❑ Modeiate 0 Low
Risk Reduction Steps: Insurance amounts from standard contract
Risk Commenn:
Risk Signattue:
Contract Managei: Kim McMillan E:::t: 2642 Llepattment: Pik'/Engrul�g
TSvpe ❑ Purchase._:.kgreement ❑ Personal Sei:vice. ❑ General Sen-ice. ® Public Improvement
❑ IGS ® Other: Start Date: 8/15/15 End Date: 6/30/16
Quotes/Bids/Pioposal FIRM mouNT/Sc RE
Cascadian $74,785
Dennis' SetTen Dees $68,742
Account Swag: Fund-Division-Account Work Order—ActiuIX I�yge Amount
FY15/16 400-8000-56005 91013-140 $68.74'
A_titirovals - LCRB Date:
Dcpartment Comments:
Depaitmcnt Signature:
Purchasing Comments:
J
Purchasing Signat te:
Citi-Manager Continents:
City Managei Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office alongwith a
completed Contract Checklist.
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ATTACHMENT E
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
CITY HALL,POLICE,AND PERMIT CENTER EXTERIOR RESTORATION
LANDSCAPING IMPROVEMENTS-CIP#2014-91013
THIS CONTRACT,made and entered into this 15'x'day of August,2015,by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City" and Dennis' Seven Dees
Landscaping,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 Bid Proposal;-
THEREFORE,
roposal;THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as
follows:
TERMS OF AGREEMENT
1. Services
Contractors sen-ices under this Agreement shall consist of the following:
A. Clearing and Grubbing
B. Installation of Trees,Plants,and Ground Covers
C. Installation of Concrete Parer Pathways
D. Relocation of Landscape Boulders
E. Installation of Irrigation
F. Performance of additional and incidental work as called for by the specifications and plans.
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 %age 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 d.Le
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,%ith a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PAX R 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.
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`Tock is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply v-ith 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-%ith 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.
Solicitation Documents
General Requirements
Attachment'A—Quote Form (Proposal)
Attachment B—Public Improvement Contract
Attachment C—Performance Bond
Attachment D—Payment Bond
Attachment E—Supplemental General Conditions
Attachment F—Special Provisions
Attachment G—Plans/Drawings
Standard Documents
• General Conditions (Oregon Standard Specification for Construction,2008,Volume 1 as amended
by the Supplemental General Conditions).
• Standard Specifications (Oregon Standard Specification for Construction, 2008, Volume 2 as
amended by Special Provisions).
• City of Tigard Public Improvement Design Standards.
5. City's Representative
For purposes hereof, the City's authorized representative will be Kim MclNiillan, Assistant City
Engineer,who can be reached by telephone at(503) 718-2642 or by email at kitnantigard-or.gov.
6. Contractor's Representative
For purpose hereof,the Contractor's authorized representative will be Doug Pickett,Project Manager,
who can be reached by telephone at(503) 777-7777 or by email at dougp(a?dennis7dees.com.
7. Contractor Identification
Contractor shall furnish to the City the Contractors 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 a total not to exceed Sixty Eight Thousand
Seven Hundred Forty Tvo and No/100 Dollars ($68,742.00) for performance of those services
provided hereunder,which payment shall be based upon the following applicable terms:
1) The project vd-ill be broken into two Phases: Phase 1 is estimated to total Forty Nine
Thousand Five Hundred Fifty Two and No/100 Dollars ($49,552.00) and Phase 2 is estimated
at Nineteen Thousand One Hundred Ninety and No/100 Dollars ($19,190.00).
2) The City will pay only for measured Pay Item quantities incorporated into the Work or
performed according to the terms of the Agreement The Contractor understands and agrees
that Pay Item quantities listed in the Schedule of Items do not govern payment.
3) 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 unit price for each Pay Item of Work to be
performed.
4) When the specifications state that the unit price for a Pay Item is compensation for certain
materials or work essential or incidental to the Pay Item, the same materials or work will not
be measured or paid under any other Pay Item.
5) 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.
6) 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. City 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.
7) Contractor shall include proof of payment to any and all subcontractors and suppliers "ith
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.
8) As required under State of Oregon Prevailing Wage Rate (P%R) 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
279C.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 vrork 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
be solely responsible for all payments and taxes required by law. Furthermore, in the event that
Contractor is found b; a court of law or any administrative agent; 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 part;) 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 full,-
responsible
ull;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 not anything contained herein shall be deemed to
create any contractualrelation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of City,and any assignment or delegation in violation hereof shall be void.
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PWR Law specified minimum wage.
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.
3) 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 applicable pre ailing 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:
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 Contractor's Surety from
obligation v ith respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one day,
or 40 hours in any one week,except in cases of necessity or emergency or when the City deems it in
the best interest of the public or policy absolutely requires it, in which event, the person so
employed for excessive hours shall receive at least time and a half pay for the following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the
work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the
work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540.
E. 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 even subcontractor to comply with this
requirement.
G. If Contractor or any first-tier subcontractor fails to pa; 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 Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring contractors
to demonstrate that an employee drug-testing program is in place. The Contractor demonstrates that a
drug-testing program is in place by signing of the contact. The drug testing program will apply to all
employees and will be maintained for the duration of the Contract awarded. Failure to maintain a
program shall constitute a material breach of contract.
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 u-ritten 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.
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 follovring 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 partj-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 pro-,isions 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 Cit;, 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 sen-ices 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 necessar;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 making audit,examination,excerpts,and transcripts.
17. Work is Property of Citv
All work performed by Contractor under this Agreement shall be the property of the City.
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
i> Agriculture
• Department of Forest Service
• Soil Conservation Sen-ice
Defense
• Department of Army Corps of Engineers
Energy
• Department of Federal Energy Regulatory Commission
r Environmental Protection Agency
i' Department of Health and Human Services
i� Housing and Urban Development
• Department of Solar Energy Conservation Bank
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
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
i' Transportation,Department of
• Coast Guard
• Federal Highway Administration
y Water Resources Council
STATE AGENCIES
i' Administrative Services,Department of
i' Agriculture,Department of
i' Columbia River Gorge Commission
Consumer&Business Services,Department of Oregon Occupational Safety&Health
v Division
Y' Energy,Department of
i' Environmental Quality,Department of
y Fish and Wildlife,Department of
i� Forestry,Department of
Y Geology and Alineral Industries,Department of
r> Human Resources,Department of
i0 Land Conservation and Development Commission
i> Parks and Recreation,Department of
it Soil and Water Conservation Commission
Y State Engineer
i> State Land Board
i> Water Resources Board
LOCAL AGENCIES
i> City Council
i> County Court
Y County Commissioners,Board of
i> Port Districts
i� Metropolitan Services Districts
i' County Service Districts
i� Sanitary Districts
r Water Districts
Y 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
this section shall excuse the Contractor from proceeding with the prosecution of the work in
accordance with the Contract,as changed.
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes bei and 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 vdthin 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 allreasonable 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.
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.
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
r
interests of City and that any other insurance maintained b7 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 (CG 2010 1155 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 $1,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance
Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and
non-owned vehicles on an"occurrence" form.The Combined Single Limit per occurrence shall not
be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor
shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined
Single Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law shall
comply with ORS 656.017, which requires them to provide workers' compensation coverage that
satisfies Oregon lav- for all their subject workers. Out-of-state employers must provide Oregon
workers' compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Contractors who perform work without the assistance or
labor of any employee need not obtain workers' compensation coverage. All non-exempt
employers shall provide Employer's Liability Insurance with coverage limits of not less than
:$1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the Cit; 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-'\'II" 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 shoving 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
Its evidence of the insurance coverage required by the contract, the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
I. Primark 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-liabiliv; clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
28. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery or by
mail. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD DENNIS'SEVEN DEES LANDSCAPING
Attn: Kimm McMillan,Asst City Engineer Attn: Doug Pickett
Address: 13125 Ste'Hall Blvd Address: 7355 SE Johnson Creek Boulevard
Tigard,Oregon 97223 Portland,Oregon 97203
Phone: (503) 718-642 Phone: (503) 777-7777
Fax: (503) 624-0752 Fax: (503) 777-2399
Email: kimCcr�,ti�or.gov Email: dougp andennis7dees.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
11larshall'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
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 recvcle 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 her ' first written.
CITY OF TIGARD DENNIS'SEVE D ES SCAPI
By: Marty Wine,City Manager By: _authorized Contractor Representative
9- r63A-A.
Date Date
ATTACHMENT F
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT-PERFORMANCE BOND
Bond Number:
Project Name:
(Surety#1) Bond Amount No. 1: $
(Surety#2)* Bond Amount No.2:- $
*Yusing multiple sureties Total Penal Sum of Bond: $
We, 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) (Provide , that we
the Sureties bind ourselves in such sure "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, conditions, and provisions of the Contract, in all
respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to
be performed under the contract,upon the ten-ns set forth therein,and within the time prescribed therein,or as
extended 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 direct or indirect damages or claim 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 Principal or its subcontractors, and shall in all respects perform said
contract according to law,then this obligation is to be void;otherwise,it shall remain in full force and effect.
Nonpayment of the bond premium-,i M 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 a part hereof.
srnmuaw F
CITY of TiGARD,OREGON
PL Buc lmmovEwNwr CoNT%wr-FL-womuNcu EoND
Bond NuMher:757162P
Project Namc.Cilv Hall.Police.and Permit Center Extedoz-Rcsioration—Landscaping Improvements-CIP#2014-91013
[X,vek)W.rs Surety mid lndemrdt�-Cwnpiuy� Sure.. #1' Bond Amount No.1: $58,742.00._
S
UreW Bond Amount No.2:*
kMI*MAN,swt*W ToW PeOgil Sum of Bond! X68.742.00
We, Dennis'SevenDees Landscapia&Inc. .. sas PrincipFl', and ffiz above identified
Ructy(ies), authorized w transact surety business in Oregoij, as Snrety, hereby jointly and severally bind
ourselves,our respective heirs.,merutois,adrnLnistratars,succewors,and assigns Emily by these presents to pay
UtItc) the 0tv olf Tigard, a rntwicipalky of the: Smw of Orcgun, lic sum of (total Paul SUM of
lIkIn&SixIy-FightThousand So;cnHundwd Forty-T%%o and(KY 100 Dollata($0,74201)
0 . (Provided, that we
the Sureties bind c-ar.96 iveti in such sum "jointly crid severally" as VL-rell as "severally" only f:)r the purpose of
allowing a joint action or fictions against any or all of us, and for All other purposed each Surety binds itself,
jointly and severally with i1rc Principal, for the liayrnefy.,of such sITI-.1 only w is set forth opposite the name of
such Surety),2-id
W-1-113 I-REM),the Principd Lias entered into a coatisc-,with rhe C-ly of I igard, the pL ns,specifica nons,terms,
and conditions of which arc contined in the above-refeximced prJ)ect solicitation;
WNERFAS,the. terror„,and condifiom of the contract,towidier wich,,ippilcabic rlaas,standard specifications,
special provision:, schedule of performann., and sachcduk of COMMM PKICLS. are inade a part of this
Performance.Bond by 3 cfe:u ice,whether or not attached to tee contract(oil b&"-. fte.-called'r-ontrace);and
"V11331REAS rhe Princlpp.] has agp--Ld to Tie-form ix. Contract m pocoidance with die reins, conditions,
P I fu I
recluit-Lrents, p)an,-;,. and specifications, and all authotiYed modifinquons of the Contract which increase the
w, nount: of the work, the amount of the Contract, or constitute en authorized extension of the time for
Dt x&rmaocc..rimice of'zrty:such m(Aifications hmeby being vMivW by the Surer
NOW, THEAEFORE, T140a CONDITION OF TMLS BOND IS SUCH tTaa--If the Principal her,4in shall
faithfully and truly o'osarve and comVly with thL, terms, conditions, and pxwisi(;,,-as of the Contract, in all,
respects,and shall wel!acid truly and fully do and perform all matters and thii,,gs undettakeii by Contractor to
be performed tAn&,-t the conu=t,upon the terms set forth therein,and vvitlii-.the time prescribed therein,or as.
:;attended as provitied in the. Contract.with or without notice: to the Sureties, and shall, indemnify and save,
harmless the City of"17-igmi,its officers.,aWtnts,and ernpl(.),,.7;;es against any director indirect damages or c ditn of
every kiad iind descfipion that shall ix-- or rlaiirnel to h.csaffercd in connection with or arising out of
the perforrrwncc (,f&�C Contract by the Ptincip9d or its and -iha]l iti an respects perform said
contract according to law,then this oLdg2tiun is to be void;otfficivvisc,il,shall retrain in full force and effect.
Nonpayment of the bond preamiurn will n1--it invalid-ate dw lx-,M no!7 shF&die Cir;,of Tigard be obligated for the
raymew of any prcr;iums.
Thin bond is liven wid receive.6 undzi the aL:thor:q of ORS Chapter 279C acrd Tigurd Public Contracting
Mies,the pra,,,isions of which are incorporated into this bond and made a per.hereof.
�.
ti
t
TN WMESS WHEREOFF, WE HAVE CAUSED '1111S INSTRUMENT TO BE EXECUTED AND
SEALED By OLTRDL'LY A,U'MORIZED LEGAL REPRESENTATIVES.
Dated this—�..� --aap of_ - cgls
p. pA Dennis'S Dees L'a .Inc.
Signa.tum
Printed Na=& ide
Aticst.
Su-T !:'I'Y•Doi=clopers Swrot� aid]ndenmilti C ampa�aS
•(Add,rrdr}
ICY 1°STI ORNEY-INTACT;
(Po,er-ofA#*im mart amwpnn-cacfr.ctr v boar)
Tamara A. Rin eisen ATTORNEY-IN-FACT
1Vm me —Y--\ 'PNN�,
$ignt
Fivc(;onjLrR inEc.Sakc 5.30x
Address
Portland OR 97035
Cate si�uu. Zip
(503)684-9606 (503)-684-4065
Phone •`ax
F, '..
3
'.�'{'�,
i �
-�
A:rrACIIMNT Gr
Crry of TiGAYtD,OMIGON
amuc lwmavEmENT CoNenucr-'PAYMNT BOND
bond Number: 7 5 716 2 P
Ptd,ect Name-Pty Hall,Police,and PerrrAt Center Exierior RestorabDn—Landscaping h"rovervents-CIP*2014-91013
Devc1olum Swety jid ln�leirmty Company f&=Ly 411) Bond Amount No.1; 68 742.x0
__(SuLev 412)' Bond-Arnryunt No,2:*
Total Penal Sum o'Bond: �_68,L42-00
We, Dennis'Suwon Does Landscapipg,inc. as PAncinal, and the above identified
Surety(ics)', authorized to transact surety buslness in Oregon, as Surety, hereby jointly and severally bind
ourselves,our mspeczve heirs,mecwrora,admiriguator,,;successors,and us*w firmly b7 these presents to pay
unto the City of Tigard, a rnwicipAlitv of dic Stztr, rf Oregon, the sum of (fatal Penal Sum of
-tv-FijhtLTtu
Bon&�A�, _jnd Seven hundred (568.742.00) (Provided, that we
the Sureties bind ourselves in such suis"jointly and severdiy' Re-well as "s"eraRy" only for the purpose of
allowing a Joint argon 01: actions 4puns'-Any w all of us, and for all other purposed each Surety binds itself,
jointly and severally with the Principal, for the payment of such stun on4,as,is set forth opposite the name of
such Surety),and
WHEREM, the"FrMiciml his viatrod into-_conimct with the City of ligard,the plans, specifications,terms,
and conditions of which av!cotUind in above-referenced projectso-licit-ation;
WHEREAS,the tetras and conck-tioas of the contract, tzgx.11jLj:mith applicablc pians, stardom specifications,
spedzl provisions,schedule of rxrfbrrr%nc ,anti schediAe of rontrict price-,,are rnz& 2 part Of this Payment
bond by reference,whether or armclied to the clintract(all hereafter called(_ontmce ;and
W-HEUMS, the Principal iizs agreed u. perform, the 'Contract in. 4ccord2nca with the teams, coaditions,
requirements,pl=q,and spedfficadoas.,and scl2cdukc ofconraicr prices winch are set north in the Cond=t and
;soy attachimans,and all authorizeti mmEfications of the Contract WlLh increase the arnouut of the work,or
tl:.-cost of the Conuaci,or consatu:&authorized extensions of time for performance of the Contract.,notice of
MY sul ')modifications hereby 'acing`m4v�!d by the Suretv,-
NCV,THIR11:64FOR2,THh,CONDITION OF THIS BOND iS SUCH that if the Priiacip.-d shall faithfully
and truly Observe and comply ■xith the te-nns,conditions, and provisions of the Contract in all Lespectj, and
shall web acid truly and fully do and pe,-Ram A matters and things by it undertaken to be performed under said
Contract and any duly authorized moLdfications dut are made,upon the terms s-,t forth therein,and within the
time ptescvibed therein.. or ;,,,s exLendee- therein is provi&d in Lhe Contract, with or without notice to the
Sureties,and shall hademrdfy Lnd save h=rnlev the C;ty of Tigaru'its officers,agents,and employees against any
claim for direct or inedrect jamas of every kind AM description that shall. be suffered or claimed to be
suffered hi connection with or arising Out. of 'ux petfortyraice of the Contract by the Contractor or its
wbaxitractors, and 4uvll prompfly pay all persons suppl3ifig shoo, materials, of bosh to the PA.Uapal or its
sul".1tractors for prosecution of the.work pix)vidcd in the Contract;and shall promptly pay,all cowributions
due the State Industrial Accident Fund and 'ire Starr.11nemployment Cotnpensation Fund from&,,--Principal or
its subcontractors in connection -,wi&- tlie Pciforniance c,"'the Cotitraci; and shall pay over to the Oreton
Dcpasment of Rewn-,x all sums required to be di-ducted and retained 1rom :he vrages of employees of the
Pxinc+pal and its subcontractors pursuant t:o ORS 316.167, a-ad sluall, permiL nc, lien nor claim to be filed or
prosecuted against tb,,e City on account al any labor or materials furnished;and shall do all dings xequired of
the Principal by the lxws of the State of Oregon,then this obligation shall be void;otherwise,it shalt 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 pxexuums.
This bond is given and received under the and oey of ORS Chapter 279C and Tigard Public Contracting
Rules,the provisions of v.•hich are incorporated into this bond and made a part hereof-.
11.4 WITNESS THEREMP, WE I-TTIAVE CAUSED TEi1S LNS-jj1L;.VLJ-NT TO BF. T:XF.CITM.T1 .AND
SEAL L-+D BY OUR DULY AUT171ORIZED LEGAL REPRESENTATIVES,
Dated this 1st dap of September,_ , 2015
A.L.48ma
Signature
1D&&Lj :5,)q-q 6R 4.s5 U P
P ' ted Nwx&Title
SL Rr"rl';Qe� lopa^s Surety and hWeinnity Conqaiiy-
(Add argNutwjr for wth suety iV-asiug Mrikple bolds)
-B N A'T1(:t& .F&i'-N-FACT:
x x'xt:aV'Wp!'Y Wh xn hoi;4
Tamara A. Ringeisen ATTORNEY-IN-FACT
l�I 1]le
e-- S1gil2it;rC
Five Ceinte�inte,Suite 530
Address
Portland OR 97035
City State Zit:
(503)68.4-9606 (503)6844065
Phone Fa:�
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint
***Christopher Kinyon,Jennifer Snyder,Tamara A. Ringeisen,Julie R.Truitt, Peggy A. Firth, Barbara A.Johnson, Kristine Lawrence,
Kellie Hogan,James B. Binder, Peter J.Comfort, Brent E. Heilesen, Karen Swanson, Eric Zimmerman,Jamie Diemer, Carley Espiritu,
Mandy Keltner,Sara Sellin, Lisa Steele, Misti Webb, Kip Petersen, Michael Mansfield,Cynthia Jay,jointly or severally***
as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attomey(syin-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomay(s)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power ofAttomey is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any trice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this January 29,2015.
y t�AND
......!�' <JkPANY
B Daniel Young,Senior Vice-President y6"POR�4r +�y s .0
pPPORq C+
3c* 4 ;- /• 6 A�9.
2W. OCT. n g = O
fL■ 10 OCT.5
By: �j 1936 ; u► 1967
Mark Lansdon,Vice-President �'•:''7�`. /OW R ; as 02 oq
�....�........,. C/FOP
no,nmN��
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On January 29,2015 before me, Lucille Raymond,Notary Public
Date Here insert Name and Title of the officer
personally appeared Daniel Young and Mark Landon
Name(s)of Signer(a)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
cepacty(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the person(s)acted,executed the instrument
Commission•2091945
ti Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Oranp Coultllr true and correct.
M Comm.Et Uas Oct 13,2019
WITNESS my hand and official seal. �
Place Notary Seal Above Signature
Luoill ond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this kk=lk day dtyAm����p
By:
Cassie 161rdslord,Assistant Se tary
ID-1380(Rev01/15)
#'
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!':
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 a part hereof.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this day of
PRINCIPAL:
By:
Signature
Printed Name&Title
Attest:
SURETY:
(Add signatures for each sureD,if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accompany each surety bona
Name
Signature
Address
Cit, State Zip
Phone Fax
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737896
Dennis'Seven Dees Landscaping
7355 SE Johnson Creek Blvd
PorUand,OR 97206
T- 93-0820720
503-777-7777 1503-777-2399
C, OV) 1.)Cifi
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DENNIS'
DE
E Page 1 of 2
Lwrr}=r_�ttk:u
iv+yyyyl6M1Nl\?lil'14e SIN r 31-n? .. �:�
December 9,2014
Attn: Joe Barrett
City of Tigard Phone_ (503)718-2477
13125 SW Kali Blvd Fax: (503)684-7297
Tigard,OR,97223
RE: Tigard City Hall,Police,and Permit Center Exterior Restorat Located in Tigard,OR
Dennis'Seven Dees Landscaping is pleased to submit the following proposal:
Acceptance of this proposal,to contract,is inclusive of all'Exclusions'(both scope specific and general),
Contractor Provided Services'and'Notes'as outlined within this proposal.
PROJECT INFORMATION_
Specification Sections Included: Attachment H
Sheet Numbers Included: LS1 -LS4
Landscape Drawings by Mears Design Group
Original Plan Date 10/30/14
Revised Plan Date: NA
Noted Addenda: NA
GENERAL PROJECT EXCLUSIONS:
Overtime and weekend work
Davis Bacon or Union wages(bid includes BOLI Prevailing Wages)
OWNER TO PROVIDE:
Existing Controller operable and capable of zones per design
Ex'sting Mainline/system operable and capable of handling irrigation per design
Traffic control(if applicable)
Trenching/excavation through cement treated base(if applicable)
NOTES:
If selected.contents of this proposal to become part of our subcontract.
Bid with single mobilization for continuous installation of the landscape and irrigation
Plants are not sourced at time of bid
Plant material may be subject to change due to availability
Material bid at industry standard wholesale pricing including freight
Plant material sourced within 100 miles of Portland,OR
This proposal is void if not accepted within 60 days of the proposal date
This bid supersedes any previously submitted proposals
7355 SE Johnson Creeic Blvd
Portland,OR 97206LCB#5009
(503)777-7777
(503)777-2399 fax
BID PROPOSAL(cont'd)
Page 2 of 2
Phase 1 $49,552
Phase 2 $19,190
EXCLUSIONS:
Excavation and removal of rock subgrade and concrete spoils
Erosion control measures
Demolition, clearing and grubbing of existing landscape
Repair,transplant or pruning of existing landscape plants or lawn
Germination of non-irrigated seed and areas seeded tetween October 15th and April 15th
Maintenance of existing beds and lawns
Maintenance-Owner assumes responsibility upon completion of 30 days for new plantings
Boring,Jacking,A/C cut,patch and removal for ir-igation sleeve installation
All work below 24"of final grade
Repan of existing irrigation
Hand watering of any non-irrigated areas
GRAND TOTAL PROPOSAL AMOUNT $68,742
DENNIS'7 DEES LANDSCAPING INFORMATION
Oregnn Landscape Contractors Board#5009 y
Washington State Construction Contractors Board#DENNISD167N1
Prior to award,please direct proposal questions to:
John Snodgrass Office: (503)777-7777
Commercial Estimator Cell: (503)969-5026
Email: johns@dennis7dees.com
After project award,please contact:
Doug Pickett Office: (503)777-7777
Project Manager Celt: (503)969-3679
Email: dougp@denn.is7dees.com
Please sign and retui n proposal as acceptance for our Company to perform the
scope of work indicated within as requested by Contractor.
City of Tigard Dennis'Seven Dees Landscaping,Inc.
By:(Name&Title) John Snodgrass
Commercial Estimator
Date: Date:
7355 SE Johnson Creek Blvd
Portland,OR 97206LCB#5009
(503)777-7777
(503)777-2399 fax