Dreamland Skateparks ~ R12967 Contract,#—lam./J-7b-7
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT—NON-PWR PROJECT
JIM GRIFFITH MEMORIAL SKATEPARK ADDITIONAL FEATURES
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THIS CONTRACT, made and entered into this /1)V-day of March, 2010, by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Dreamland Skateparks
hereinafter called "Contractor,"duly authorized to perform such services in Oregon.
RECITALS
WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS,time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Scope of Work;
THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree
as follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement shall consist of constructing additional features at Tigard's
Jim Griffith Memorial Skatepark as detailed in Exhibit A, "Scope of Work."
2. Prevailing Wage
While the City and Contractor enter into this Agreement with the understanding that the work to be
completed does not initially exceed $50,000 and therefore does not initially require the provisions of
ORS Chapters 279A and 279C or other Oregon and Federal provisions pertaining to minimum
salaries and wages, the said provisions are incorporated herein by reference as if fully set forth in the
event die 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 die work to be done. pursuant to die 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 die
wages required under BOLI laws.
If the contract reaches $50,000 or greater through change orders, the City shall pay a fee equal to one-
tenth of one percent (.001) of the price of the contract to the Bureau of Labor and Industries. The fee
shall be paid on or before the first progress payment or 60 days from the date work first began on the
contract,wlichever comes first. The fee is payable to the Bureau of Labor and Industries and shall be
mailed or otherwise delivered to the Bureau at the following address:
Bureau of Labor and Industries
Wage and Hour Division
Prevailing Wage Unit
800 NE Oregon Street,# 32
Portland,Oregon 97232
Also in the event the contract reaches $50,000 through change orders or amendments, the
Contractor shall provide proof to the City that the Contractor has filed a public works bond with a
corporate surety in the amount of $30,000 with the Construction Contractors Board as required
under Oregon PWR law.
House Bill 2021 enacted during the 2007 Assembly of the Oregon Legislature makes a public
agency liable for any wages, fringe benefits, and liquidated damages unpaid to workers as a result of
the public agency failing to include information about prevailing wage rates in the specifications for
public contracts. This law was effective January 1, 2008.
3. Contract Documents
The Contractor is hereby bound to comply with any and all requirements of this agreement,including,
but not limited to Exhibit A, Scope of Work. The Scope of Work, by this reference, is made a part
hereof with the same legal force and,effect as if set forth herein in full.
4. City's Representative
For purposes hereof, the City's authorized representative will be the Martin McKnight, Parks
Supervisor who is available by email at mirtin@figard-or.gov or by phone at (503) 718-2598.
5. Contractor's Representative
For purpose hereof, the Contractors authorized representative will be Mark Scott who is available by
email at mark888@fastmail.fin or by phone at(503) 577-9277.
6. Contractor Identification
Contractor shall fiunish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service,or Contractors social security number,as City deems applicable.
7. Compensation
City agrees to compensate Contractor for goods or services supplied,including any applicable.shipping
and handling charges, as described in Exhibit A, Scope of Work. City shall not be responsible for
payment of any materials, services,expense, or costs other than those which are specifically included in
Exhibit A.
Compensation over the life of this Contract is not to exceed Four Thousand Eight Hundred
Seventy—Four Dollars and Fogy Cents ($4,874.40). Payment will be made based on Contractor's
invoice, subject to the approval of the Contract Manager or appropriate City representative, and not
more frequently than monthly. Payment shall be made only for work actually completed as of date of
invoice. Payment terms shall be net 30 days from date of invoice.
Payment by the City shall release the City from any further obligation for payment to Contractor for
services performed or expenses incurred. Payment of installments shall not be considered acceptance
or approval of any work or waiver of any defects therein. City certifies that sufficient funds are
available and authorized for expenditure to finance costs of this contract.
In the event the contract ever reaches $50,000, the Contractor shall include proof of payment to any
and all subcontractors and suppliers with each statement submitted to the City. The initial statement
at that junction must also contain proof of paid back wages. The City shall retain die right to withhold
payments if required proof of payment to subcontractor and suppliers is not included with a statement
in this event. Also, as required under State of Oregon Prevailing Wage Rate (PWR) Law, the City
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shall withhold 25% of any progress payment amounts owed to Contractor if Contractor has failed to
file certified payrolls sheets with the City in the event the contract reaches $50,000.
The Contractor agrees that the "Time of Completion" is defined in Exhibit A, Scope of Work, 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 $50.00 per day and Contractor agrees to pay damages in that amount if
the work is not completed by the Time of Completion.
The Contractor shall notify the City in writing when.the Contractor considers the project complete,
and the City shall,within 15 days after receiving the written notice, either accept the work or notify the
Contractor of work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor shall be paid to the Contractor,
by the City within 30 days after the date of said final acceptance.
As a further condition of final acceptance, the City may require the Contractor to submit evidence,
satisfactory to the City's Representative, that all payrolls, material bills, and other indebtedness
connected with the project have been paid, except that in case of any disputed indebtedness or liens,
the Contractor may submit in lieu of evidence of payment, a surety bond satisfactory to the City
guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has
not already been guaranteed by surety bond.
8. .Status Of Contractor As Independent Contractor
Contractor certifies that.
A. Contractor acknowledges. that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an
employee of City, shall not be entitled to benefits of any kind to which an employee of City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall_ be entitled to offset
compensation due, or to demand repayment of any amounts paid to Contractor under the
terms of this Agreement, to the full extent of any benefits or other remuneration Contractor
receives (from City or third 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.
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D. Contractor and its employees,if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
E. Contractor certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
F. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
9. Subcontracts -Assignment&Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall be fully
responsible for the acts or omissions of any Subcontractors and of all persons employed by them, and
neither the approval by City of any Subcontractor nor anything contained.herein shall be deemed to
create any contractual relation bet-,ve:.n the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of City,and any assignment or delegation in violation hereof shall be void.
Any and all subcontracts issued by the Contractor shall contain a provision that workers shall be paid
not.less that the PWR Law specified minimum wage if this contract ever exceeds $50,000 as outlined
in Section 2.
10. Contractor-Pavment of Benefits -Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form the
Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167;
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on
account of any labor or material fiunished.
B. If this contract ever exceeds $50,000 as outlined in Section 2, the Contractor or the
Contractors Surety and every Subcontractor or the Subcontractor's Surety shall file certified
statements with the City in writing in form prescribed by the Commissioner of the Bureau of
Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor
or the Subcontractor has employed upon such public work, and further certifying that no
worker employed upon such public work has been paid less than the prevailing rate of wage,
which certificate and statement shall be verified by the oath of the Contractor or the
Contractor's Surety or Subcontractor or the Subcontractor's Surety that the Contractor or
Subcontractor has read such statement and certificate and knows the contents thereof and that
the same is true to the Contractor's or Subcontractor's knowledge.
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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) For any project 90 days or less from the date of the award of the contract to
the date of completion of work under the contract, the statements shall be
submitted once before the first payment is made, and once before final
payment is made of any sum due on account of the contract.
b) For any project exceeding 90 days from the date of the award of the contract
to the date of completion of work under contract, the statements shall be
submitted once before the first payment is made, at 90 day intervals thereafter,
and once before final payment is made of any sum due on account of the
contract
C) Each Contractor or Subcontractor shall preserve certified statements for a
period of three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails, neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a Subcontractor by any
person in connection with this contract as such claim becomes due, the proper office of the
City of Tigard may pay such claim to the person furnishing the labor or services and charge the
amount of the payment against funds due or to become due to the Contractor by reason of
such contract. Payment of a claim in this manner shall not relieve the Contractor or the
Contractor's Surety from obligation with respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one
day, or 40 hours in any one week,except in cases of necessity or emergency or when the City
deems it in the best interest of the public or policy absolutely requires it, in which event, the
person so employed for excessive hours shall receive at least time and a. half pay for the
following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week
when the work week is five consecutive days,Monday through Friday; or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week
when the work week is four consecutive days,Monday through Friday; and
3) For all work performed on Saturday and on the legal holidays specified in ORS
279C.540.
E. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in
the fulfillment of this contract except where the Contractor agrees to reimburse the City in the
amount of money paid the employee for such work as determined by state lav, the City's
personnel rules or union agreement. The Contractor shall require every Subcontractor to
comply with this requirement.
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F. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a
subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due
plus interest commending at the end of the 10 day period that dle payment is due under ORS
279C.580, unless payment is subject to a good-faith dispute. The interest rate shall be as
specified in ORS 279C.505(2). If the Contractor or any subcontractor fails,neglects, or refuses
to pay a person furnishing labor or material, the person may file a complaint with the
Construction Contractors Board, unless the payment is subject to a good faith dispute as
defined in ORS 279C.580.
G. Contractor shall include a clause in each contact with a subcontractor a requirement that the
contractor pay the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors
an interest provision for such payments in compliance with ORS 279C.580. Contractor shall
include a clause in each contract with a subcontractor requiting the subcontractor to meet the
same payment and interest standards as required by ORS 279C.580 (4).
11. Drug Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring
contractors to demonstrate that an employee drug-testing program is in place. The Contractor
demonstrates that a drug-testing program is in place by signing of the contact. The drug testing
program will apply to all employees and will be maintained for die duration of die Contract awarded.
Failure to maintain a program shall constitute a material breach of contract.
12. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness
or injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services
and all money and sums which the Contractor collected or deducted from employee wages pursuant
to any.law,contract or agreement for providing or paying for such service.
13. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed upon
term by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of
any third party judicial proceeding relating to the work other than a suit or action filed
in regard to a labor dispute; or
2) If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed widi 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 Citywhich accrued prior to such termination.
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14. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or
at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement,
3) If any license or certificate required by lav 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 C-ontractor,if a receiver or trustee is appointed for Contractor, of 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.
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B. City, by written notice of default (including breach of contract) to Contractor, may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement, or so fails
to pursue the work as to endanger performance of this agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Contractor shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred, an amount which
bears the same ratio to the total fees specified in this Agreement as the services satisfactorily
rendered by Contractor bear to the total services otherwise required to be performed for such
total fee;provided, that there shall be deducted from such amount the amount of damages, if
any, sustained by City due to breach of contract by Contractor. Damages for breach of
contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and
other costs of litigation at trial and upon appeal.3
15. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination, excerpts,and transcripts.
16. Work is Property of City
All work performed by Contractor under this Agreement shall be the property of the City.
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17. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation,and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order
11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act
of 1973 as amended and the Age Discrimination Act of 1975, and all rules and regulations
issued pursuant to the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes,
ordinances and regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that affect the work under this contract are by reference
incorporated herein to the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to the enactment of new or the amendment of existing
statutes, ordinances or regulations occurring after the submission of the successful bid, the
City shall issue a Change Order setting forth the additional work that must be undertaken.
The Change Order shall not invalidate the Contract and there shall be, in addition to a
reasonable extension,if necessary,of the contract time,a reasonable adjustment in the contract
price,if necessary, to compensate the Contractor for all costs and expenses incurred,including
overhead and profits,as a result of the delay or additional work.
18. 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 wtiting 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 die Authorized
Representative of City,which expressly states that it constitutes a Change Order to this Contract. The
issuance of information, advice, approvals, or instructions by City's Representative or other City
personnel shall not constitute an authorized change pursuant to this section. Nothing contained in
this section shall excuse the Contractor from proceeding with the prosecution of the work in
accordance with the Contract,as changed.
19. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the party so disenabled, including, but not restricted to, an act of God or of a public enemy,
volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo,
unusually severe weather or delay of Subcontractor or suppliers due to such cause; provided that the
party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party
in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under Contract.
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20. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms
of this contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any future
occasion.
21. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the 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.
22. Attorney's Fees
In case suit or action is instituted to-enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as die Court may adjudge reasonable attorney's fees and court costs
including attorney's fees and court costs on appeal.
23. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of tie laws of
the State of Oregon. Any action or suits involving any questions arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
24. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and tie proposal of the Contractor, this instrument shall control.
and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
25. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well as the requirements of applicable federal, state and local
laws, it being understood that acceptance of a contractor's work by City shall not operate as a waiver
or release.
Contractor agrees to indemnify and defend the City,its officers, agents and employees and hold them
harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs
or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or
not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way
arise from, during or in connection with the performance of tie work. described in this contract,
except liability arising out of the negligence of the City and its employees. If any aspect of this
indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this indemnification.
26. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly
out of Contractor's activities or work hereunder, including the operations of its subcontractors of any
tier. Such insurance shall include provisions that such insurance is primary insurance with respect to
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the interests of City and that any other insurance maintained by City is excess and not contributory
insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense, and
keep in effect during the term of this contract, Comprehensive General Liability Insurance
covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or
equivalent). This coverage shall include Contractual Liability insurance for the indemnity
provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
B. Commercial Automobile Insurance: Contractor shall also obtain, at contractor's expense, and
keep in effect during the term of the contract, "Symbol 1" Commercial Automobile Liability
coverage including coverage for all owned, hired, and non-owned vehicles. The Combined
Single Limit per occurrence shall not be less than$1,000,000.
C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all
employers providing work, labor or materials under this Contract are subject employers under
the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires
them to provide workers' compensation coverage that satisfies Oregon 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 to obtain such coverage." This shall include Employer's Liability Insurance with coverage
limits of not less than$100,000 each accident.
D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and
employees shall be added as additional insureds with respect to this contract. All Liability
Insurance policies will be endorsed to show this additional coverage.
E. Notice of Cancellation: There shall be no cancellation, material change, exhaustion of
aggregate limits or intent not to renew insurance coverage without 30 days written notice to
the City. Any failure to comply with this provision will not affect the insurance coverage
provided to the City. The 30 days notice of cancellation provision shall be physically endorsed
on to the policy.
F. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an
insurance company deemed acceptable by the City. The City reserves the right to reject all or
any insurance carder(s)with an unacceptable financial rating.
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G. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected
until the required certificates have been received and approved by the City. The certificate will
specify and document all provisions within this contract. A renewal certificate will be sent to
the above address 10 days prior to coverage expiration.
H. Independent Contractor Status: The service or services to be rendered under this contract are
those of an independent contractor. Contractor is not an officer, employee or agent of the
City as those terms are used in ORS 30.265.
I. Primacy Coverage Qu ification: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
J. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included
in all general liability,professional liability,pollution and errors and omissions policies required
by this contract.
Contractor's insurance polity shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy,
certified as a true copy by an authorized representative of the issuing insurance company, or at the
discretion of City,in lieu thereof; a certificate in form satisfactory to City certifying to the issuance of
such insurance shall be forwarded to:
City of Tigard
Attn: Greer Gaston,Management Analyst
13125 SW Hall Blvd
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. Ten days
cancellation notice shall be provided City by certified mail to the name at the address listed above in
event of cancellation or non-renewal of the insurance. The procuring of such required insurance
shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance,
Contractor shall be obligated for the total amount of any damage, injury, or loss caused by
negligence or neglect connected with this contract.
27. Method and Place of Giving Notice, Submitting Bills and Malting Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery or by
mail. Notices,bills and payments sent by mail should be addressed as follows:
City of Tigard Company: Dreamland Skateparks
Attn: Parks Supervisor Martin McKnight Attn: Mark Scott
Address: 13125 SW Hall Blvd. Address: 960 SE HWY 101
Tigard,Oregon 97223 Lincoln City,OR 97367-262.9
Phone: 503-639-4171 ext. 2598 Phone:503-577-9277 or 503-577-5929 cell
Fax: 503-684-8840 Fax:
Email Address:martin@tigard-or.gov Email Address mark888nae.fastmid.fm
Danvel&astmail.6n
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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 die names and addresses of the person to whom notices, bills and payments
are to be given by giving written notice pursuant to this paragraph.
28. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance of this
Agreement. That list shall identify the location of storage and use of all such hazardous substances
and identify the amounts stored and used at each location. Contractor shall provide City with material
safety data sheets for all hazardous substances brought onto City property, created on City property or
delivered to City pursuant to this Agreement. For the purpose.of this section, "hazardous substance"
means hazardous substance as defined by ORS 453.307(4). Contractor shall complete the State Fire
Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete
any such survey that it may be required to complete because of substances used in the performance of
this Agreement.
29. Hazardous Waste
If, as a result of performance of this Agreement, Contractor generates any hazardous wastes,
Contractor shall be responsible for disposal of any such hazardous wastes in compliance with all
applicable federal and state requirements. Contractors shall provide City with documentation,
including all required manifests, demonstrating proper transportation and disposal of any such
hazardous wastes. Contractor shall defend, indemnify, and hold harmless City for any disposal or
storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of
hazardous materials.
30. -Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
31. Demolition—Salvage and Recycling
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition
debris if feasible and cost-effective.
32. Complete Agreement
This Agreement and attached exhibits constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in
writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor,by the signature of its authorized representative,hereby acknowledges that he has read this
Agreement,understands it and agrees to be bound by its terms and conditions.
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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.
Approved by Tigard's Local Contract Review Board: Not required for this project
CITY OF TIGARD DREAMh6ND SKATEPARSs
Sign S' a
'/ I`rl n 110
Printed Name&Title Printed me c ide
d
Date Date
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EXHIBIT A .
SCOPE OF WORK
Dreamland Skateparks will construct the following additions to the Jim Griffith Memorial Skatepark, 13125
SW Hall Blvd.,Tigard, OR 97223:
• Add concrete 1/4 pipe feature on east side of park deck line approximately 20-feet long.
■ Add concrete berm in southwest corner approximately 16-feet long.
■ Add "pump bump" adjacent to brick stamped area on west deck.
® Perform minor alterations to improve "skateability."
■ Repair spinning volcano feature.
Work encompasses approximately 180 square feet of additions and entails saw cutting existing concrete for
blending to new areas, setting forms, placing and finishing concrete.
y
Dreamland Skateparks will provide all materials and labor.
Time of Completion:June 30,2010.
Total cost. $4,874.40
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