Dreamland Skateparks LLC ~ C170086 CITY OF TIGARD.OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUS T ACCOMPANY EVER Y CONTRACT /"� Q^�
Contract Title: 130'''Place Concrete Stairs Number: (2J `/
Contractor: Dreamland Skatepatks LLC Contl:act Total: 19,250.00
Contract Overview. Remote existing y ood stair s3Lstem and replace with concrete stairs and metal hand
rail.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature-.
Contract Managet: Martin McKnight Ext: 2598 Department: Public Works
Tjpe: ❑ Purchase Agreement ❑ Personal Service. ❑ General Service E Public Improvement
❑ IG-k ❑ Other: Start Date: 4/25/2017_ End Date: 6/23/2017_
(quotes/Bids/Proposal: FIRM MO 1NT/SCORE
Dreamland Skateparks LLC 19 250
John H Zuber Construction 25,110
Russell Construction 42,000
Account String- Fund-Division-Account Work Order—Activity Type Amount
FY 16/17 270-6150-54001
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature.
Purchasing Comments:
Purchasing Signature:
Citi-Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract
CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
130m PLACE CONCRETE STAIRS
THIS AGREEMENT made and entered into this 30'b day of 1lifarrh 2017 by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City", and Dreamland SkatePadrs LLC,
hereinafter called"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS,Contractor has submitted a bid or proposal to City to provide specific services;and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services;and
WHEREAS,City and Contractor wish to enter into a contract under which City shall purchase the services
described in Contractor's bid or proposal;
THEREFORE,The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to the replacement of stairs at 130'Place as detailed in
Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed,together with an executed copy
of this Agreement. This Agreement shall become effective upon the date of execution and shall expire,
unless otherwise terminated or extended,on June 30,2017. All services shall be completed prior to the
expiration of this Agreement
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding Nineteen Thousand Two Hundred Fifty and
No/100 Dollars ($19,250.00) for performance of those services described herein,which payment shall
be based upon the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the approval
by the City, and not more frequently than monthly. Payment shall be made only for work
actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,for
services performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
C. Contractor shall make payments promptly,as due,to all persons supplying labor or materials
for the prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes due,
City may pay such claim and charge the amount of the payment against funds due or to become
due the Contractor. The payment of the claim in this manner shall not relieve Contractor or
their surety from obligation with respect to any unpaid claims.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess
of 40 hours in any one work week except for individuals under the contract who are excluded
under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
H. Contractor shall promptly, as due, make payment to any person, co-partnership, association
or corporation,furnishing medical, surgical,hospital care or other needed care and attention
incident to sickness or injury to the employees of Contractor or all sums which Contractor
agrees to pay for such services and all moneys and sums which Contractor collected or
deducted from the wages of employees pursuant to any law, contract or agreement for the
purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. Appropriations for future fiscal years shall be
subject to budget approval by the City Council.
4. PREVAILING WAGE
While the City and Contract enter into this Agreement with the understanding that the work to be
completed does not initially exceed$50,000 and therefore does not initially require the provisions of
ORS Chapters 279A and 279C or other Oregon and Federal provisions pertaining to minimum salaries
and wages, the said provisions are incorporated herein by reference as if fully set forth in the event
the contract is amended to exceed$50,000 at any point.
The Contractor agrees that,in the event the contract ever exceeds$50,000,the workmen in each trade
or occupation required for the work to be done pursuant to the contract,employed in the performance
of the Contract,either by the Contractor or Subcontractor or other person doing or contracting to do
any part of the work contemplated by the Contractor shall be paid not less than the prevailing,
minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor. This includes
any required back pay for work done while the contract was under$50,000. Once the project exceeds
the$50,000 threshold,all employees shall be entitled to back pay equal to or greater than the waged
required under BOLI laws.
If the contact reaches$50,000 or greater through change orders,the Contractor shall pay a fee equal
to one-tenth of one percent(.001) of the price of the contract to the Bureau of Labor and Industries.
The fee shall be paid on or before the first progress payment or 60 days from the date work first began
on the contract,whichever comes first. The fee is payable to the Bureau of Labor and Industries and
shall be mailed or otherwise delivered to the Bureau at the following address:
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Bureau of Labor and Industries
Wage and Hours Division
Prevailing Wage Unit
800 NE Oregon Street,#32
Portland,Oregon 97232
Also in the event the contract reaches$50,000 through change orders or amendments,the Contractor
shall provide proof to the City that the Contractor has filed a public works bond with a corporate
surety in the amount of$30,000 with the Construction Contractors Board as required under Oregon
PWR law.
5. ASSIGNMENT/DELEGATION
Neither parry shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BILIS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery,mail or fag. Payments
may be made by personal delivery,mail,or electronic transfer. The following addresses shall be used to
transmit notices,bills,payments,and other information:
Crrx of TiGARD DREAMLAtiD SKATIEPARRs LLC --
Attn: Martin McKnight Attn:
Address: 13125 SW Hall Boulevard Address: 2150 Z Hwy 101 PMB384
Tigard,Oregon 97223 Lincoln City,OR 97367
Phone: (503) 718-2598 Phone: (503) 577-9277
Email: Email: dreamlandskatenarks& ail corn
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the 30th day of
June,2017 shall be accompanied by thirty(30) days written notice to the other party prior to the date
termination would take effect. There shall be no penalty for early termination. If City terminates the
contract pursuant to this paragraph,it shall pay Contractor for services rendered prorated to the date of
termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
9. FORCE M=URE
Neither City nor Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, natural disaster,war, civil unrest,volcano,
earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually
severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so
disenabled shall within ten(10) days from the beginning of such delay,notify the other party in writing
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of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall,upon cessation of the cause, diligently pursue performance of
its obligation under the Agreement.
10. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with
Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative rules established pursuant
to those laws.
11. INDEMNITY
Contractor agrees to and shall defend,indemnify and hold harmless City, City's officers, employees,
agents and representatives from and against all liability, claims,costs, demands,judgments,penalties,
and causes of action of any kind or character,or other costs or expenses incidental to the investigation
and defense thereof,of whatever nature,resulting from or arising out of the activities of the Contractor
or its subcontractors,agents,or employees in performance of this contract,except,however,that the
foregoing shall not apply to liability that arises out of the City's, its officers, employees, agents and
representatives sole negligence. If any aspect of this indemnity shall be found to be illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the remainder of this
indemnification.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this
contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or
work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits
and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an"occurrence"form (CG 2010 1185 or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
Coverage Limit
General Aggregate 2,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
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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 personalty-owned vehicle for business use under this contract,the Contractor
shall obtain,at Contractor's expense,and keep in effect during the term of the contract,business
automobile liability coverage for all owned vehicles on an"occurrence" form. The Combined
Single Limit per occurrence shall not be less than$2,000,000.
C. Workers'Compensation Insurance
The contractor,its Subcontractors,if any,and all employers providing work,labor,or materials
under this Contract that are subject employers under the Oregon Workers'Compensation Law
shall comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must
provide Oregon workers' compensation coverage for their workers who work at a single
location within Oregon for more than 30 days in a calendar year. Contractors who perform
work without the assistance or labor of any employee need not obtain workers'compensation
coverage. All non-exempt employers shall provide Employer's Liability Insurance with
coverage limits of not less than$1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers,employees,agents and representatives as additional insureds
with respect to this contract.
E. Insurance Carrier IZatit
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
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specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Contractor's coverage shall be primary to the extent permitted by law. The
parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded
to:
City of Tigard
Attn: Contracts and Purchasing Office
131255 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.
12. 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 fees and court costs,
including witness fees(expert and non-expert),attorney's fees and court costs on appeal.
13. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments,payments to employees and subcontractors
and income tax withholding contained in ORS Chapters 279A, 279B, and 279C, the provisions of
which are hereby made a part of this agreement.
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14. CITY OF TIGARD BUSINESS LICENSE
Contractor shall obtain,prior to the execution of any performance under this Agreement,a City of Tigard
Business License. The Tigard Business License is based on a calendar year with a December 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.
15. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict between
the terms of this instrument in the proposal of the contract,this instrument shall control and nothing
herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
16. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the agreement.
17. INDUSTRIAI.ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor
or subcontractors incur during the performance of this Agreement.
18. COMPLETE AGREEMENT
This Agreement,including the exhibits,is intended both as a final expression of the Agreement between
the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency
between a provision in the main body of the Agreement and a provision in the Exhibits,the provision in
the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and
Exhibit B,Exhibit A shall control.
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 Contractor has executed this Agreement on the date hereinabove first written.
CiTst of TIGAm D SSATsPARSB LLC
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By A o ed City Repr entative By:Auth ed oncthr Representative
Date Date
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EXHIBIT A
SCOPE OF SERVICES
Work Site: 13716 SW 130th Place,Tigard OR
Remove existing wood steps and railing and haul away. Set forms for forty five new concrete steps
90'x 5'x 6". The treads would be 18"and the rise 6". Pour 3500 psi strength concrete with brushed
finish and safety grooves in step noses. Include the landing to neighbors side door to basement. One
rail down one side powder coated black. Gap at neighbors basement door.
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EXHIBIT B
CONTRACTOR'S PROPOSAL
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