Public Restroom Company - CP11011 Contract#
7 CITY OF TIGARD
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PUBLIC IMPROVEMENT CONTRACT
COOK PARK PRE-FABRICATED RESTROOM
THIS CONTRACT made and entered into this 28th day of March,2011,by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City" and Public Restroom Company,
hereinafter called "Contractor", duly authorized to perform such services in Oregon, collectively hereinafter
called the"Parties."
RECITALS
WHEREAS, the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS, the Contractor entered into an agreement with Leon County,Florida for substantially the same
services as required by the City that included language that allows for permissive cooperative purchases;and
WHEREAS, the City is eligible for a permissive cooperative purchase under authority granted in ORS
279A.215;and
WHEREAS, time is of the essence in this contract requiring all work to be completed prior to May 16,2011;
TERMS OF AGREEMENT
THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as
follows:
1. Services
Contractor's services under this Agreement shall consist of the following:
Construction and installation of a "turn-key" restroom at the City's Cook Park as specified in the
attached 9-page Exhibit A — Project Proposal, dated January 19,22011, and in the attached 5-page
Exhibit B—Specification. The City will do site preparation of the building as referenced in Exhibit A.
2. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth.
The Contractor agrees that the workmen in each trade or occupation required for the work to be done
pursuant to the contract, employed in the performance of the Contract, either by the Contractor or
Subcontractor or other person doing or contracting to do any part of the work contemplated by the
Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the
Commissioner of the Bureau of Labor,and attached hereto.
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. The fee shall be paid on or before the first progress payment or 60 days from the
date work first began on the contract, whichever comes first. The fee is payable to the Bureau of
Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address:
Bureau of Labor and Industries
Wage and Hours Division
Prevailing Wage Unit
800 NE Oregon Street,#32
Portland, Oregon 97232
Contractor shall provide proof to the City prior to the beginning of any of the work that the Contractor
has filed a public works bond with a corporate surety in the amount of$30,000 with the Construction
Contractors Board as required under Oregon PWR law.
3. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared
by the City and the performance pertaining to this contract,in the City of Tigard, Oregon, and by this
reference made a part hereof to the same legal force and effect as if set forth herein in full. The
contract documents include the documents with the following titles that are bound in the solicitation
documents and the standard documents comprised of the Oregon Standard Specification for
Construction,2008,Volume 1 and Volume 2.
Solicitation Documents
Leon County Contract with Public Restroom Company with permissible cooperative language (The
City is using a permissible cooperative purchase as authorized in ORS 279A.215 for this purchase.)
Standard Documents
General conditions (Oregon Standard Specification for Construction, 2008 Volume 1 as amended by
the special provisions)
Standard Specifications (Oregon Standards Specifications for Construction, Volume2 as amended by
Technical Specifications)
Oregon Prevailing Wage Rates—January 1,2011 w/ applicable amendments
4. Cil's Representative
For purposes hereof, the City's authorized representative will be Nicklas Nissan, Facility Services
Supervisor,who can be reached my mail at 13125 SW Hall Blvd.,Tigard, Oregon 97223; by telephone
at(503) 718-2605;or via email at ngn(@dgard-oL.gov.
5. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Katie Kaufman, Project
Development Manager, who can be reached by mail at 9390 Gateway Drive, Suite 102, Reno Nevada
89521 or by phone at (888) 888-2060,extension 120.
6. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
7. Compensation
Progress Payments: City agrees to pay Contractor an amount not to exceed One Hundred Twenty
One Thousand Five Hundred Fifty and No/100's Dollars ($121,550.00) for performance of those
services provided hereunder,which payment shall be based upon the following applicable terms:
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
Oregon Standard Specification 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.
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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.
Contractor shall prepare and submit each month to the City's Project Manager, 13125 SW Hall-Blvd.,
Tigard, Oregon 97223, a statement of services rendered, (indicating the description of each service
used in the proposal and the dollar amount of each service completed through the stated date),
together with a request for payment duly verified by the Contractor's Representative.
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.
The City certifies that funds are appropriated and available in the current fiscal year's budget for work
on this project. In the event the project crosses into subsequent fiscal years, appropriations will be
determined during the budget process. If appropriated funds are not exhausted during the current
fiscal year and work on the project remains, City staff shall prepare a carry-over budget amendment
and present to the Council in effort to complete the work during the next fiscal year.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required proof
of payment to subcontractor and suppliers is not included with a statement.
As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25% of
any progress payment amounts owed to Contractor if Contractor has failed to file certified payrolls
sheets with the City.
Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within thirty (30) 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 is difficult to calculate. Contractor and City agree that a reasonable amount of damages for
late completion is $200.00 per day and Contractor agrees to pay damages in that amount if the work is
not completed by the Time of Completion.
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 established in ORS 279C.570 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
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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.
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.
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 not anything contained herein shall be deemed to
create any contractual relation between the Subcontractor and City.
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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 not 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 PVR Law specified minimum wage.
10. Contractor-Payment of Benefits - Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form the
Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all suns 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 furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid
each worker which the Contractor or the Subcontractor has employed upon such public work,
and further certifying that no worker employed upon such public work has been paid less than
the prevailing rate of wage,which certificate and statement shall be verified by the oath of the
Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's Surety that the
Contractor or Subcontractor has read such statement and certificate and knows the contents
thereof and that the same is true to the Contractor's or Subcontractor's knowledge.
1) The certified statements shall set out accurately and completely the payroll records for
the prior week, including the same and address of each worker, the worker's correct
classification, rate of pay, daily and weekly number of hours worked, deductions made
and actual wages paid.
2) Each certified statement requited herein shall be delivered or mailed by the Contractor
or Subcontractor to the City at least once a month by the fifth business day of the
following month.
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 with respect to any unpaid claims.
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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 law, the City's
personnel rules or union agreement. The Contractor shall require every Subcontractor to
comply with this requirement.
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 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.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 requiring 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 the duration of the 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 sutras 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.
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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, or unilaterally by the City upon a finding that it
is in the best interest of the public,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 light, obligation, or
liability of Contractor or City which accrued prior to such termination.
The City or Contractor shall have the right to terminate this Contract at any time:
1) Prior to commencement of manufacturing of the project restroom building,or
2) After completion of manufacturing at Contractor's manufacturing facility of the
project restroom building.
Contractor shall notify the City of the manufacturing commencement and completion dates in
writing. This contract shall not be terminated after commencement of manufacturing of the
project restroom building due to the custom nature of the building and materials comprising
the building.
Should the City terminate the Contract or any part which includes Contractor work,
Contractor shall on receipt of a termination notice notify the City in writing that"termination
after commencement of manufacturing of the restroom building can result in damages and
loss of use to Contractor due to the custom nature of the building and materials provided
under this Contract."
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 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
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4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate
the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Contractor fails to perform any of the other provisions of this Agreement,or so fails
to pursue the work as to endanger performance of this agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Contractor shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred, an amount which
bears the same ratio to the total fees specified in this Agreement as the services satisfactorily
rendered by Contractor bear to the total services otherwise required to be performed for such
total fee; provided, that there shall be deducted from such amount the amount of damages, if
any,sustained by City due to breach of contract by Contractor. Damages for breach of contract
shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs
of litigation at trial and upon appeal.
The City or Contractor shall have the right to terminate this Contract at any time:
1) Prior to commencement of manufacturing of the project restroom building,or
2) After completion of manufacturing at Contractor's manufacturing facility of the
project restroom building.
Contractor shall notify the City of the manufacturing commencement and completion dates in
writing. This contract shall not be terminated after commencement of manufacturing of the
project restroom building due to the custom nature of the building and materials comprising
the building.
Should the City terminate the Contract or any part which includes Contractor work,
Contractor shall on receipt of a termination notice notify the City in writing that"termination
after commencement of manufacturing of the restroom building can result in damages and
loss of use to Contractor due to the custom nature of the building and materials provided
under this Contract."
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.
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16. Work is Property of City
All work performed by Contractor under this Agreement shall be the property of the City.
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. Chanes
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.
19. Force Majeure
Neither City not 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, i
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 I'I
claim for additional compensation. Each party shall, however, make all reasonable efforts to remove f
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or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under Contract.
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 the 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 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.
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 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.
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 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.
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
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out of Contractor's activities or work hereunder, including the operations of its subcontractors of any
tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the
interests of City and that any'other insurance maintained by City is excess and not contributory
insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's expense, and
keep in effect during the term of this contract, Comprehensive General Liability Insurance
covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or
equivalent). This coverage shall include personal and advertising injury liability and products
and completed operations coverage. Coverage may be written in combination with
Commercial General Liability and Commercial Automobile Liability Insurance with separate
limits for both. Combined single limit per occurrence and annual aggregate limit shall not be
less than the dollar amount indicated below. 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 $1,0003000
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 law for all their subject
workers. Out-of-state employers must provide Oregon workers' compensation coverage for
their workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee need
not to obtain such coverage." This shall include Employer's Liability Insurance with coverage
Emits 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
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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 carrier(s)with an unacceptable financial rating.
G. Certificates of Insurance: As evidence of the insurance coverage required by the contract, the
contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected
until the required certificates have been received and approved by the City. The certificate will
specify and document all provisions within this contract. A renewal certificate will be sent to
the above address 10 days prior to coverage expiration. The Contractor shall obtain, or ensure
that the appropriate subcontractors obtain, insurance coverages required under this Contract
from companies authorized to issue insurance in the State of Oregon.
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: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
J. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included
in all general liability,professional liability,pollution and errors and omissions policies required
by this contract.
Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without thirty (30) days prior written 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: Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd
Tigard, Oregon 97223
Email address: joseph@tigard-or.gov
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.
Page 12
27. 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 PUBLIC RESTROOM COMPANY
Attn: Nick Nissan,Facility Svcs. Super. Attn: Katie Kaufman
Address: 13125 SW Hall Blvd Address: 9390 Gateway Drive,Suite 102
Tigard, Oregon 97223 Reno,Nevada 89521
Phone: (503) 718-2605 Phone: (888) 888-2060,ext. 120
Fax: (503) 684-7297 Fax: (888) 888-1448
Email Address: ngn@tjgard-or.gov Email Address: katie@12ublicrestroomcompany.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.
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(5). Contractor shall complete the State Fire
Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete any
such survey that it may be required to complete because of substances used in the performance of this
Agreement.
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. 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.
31. Governing Law and Venue
The provisions of this Contract shall be construed in accordance with the provisions of the laws of the
State of Oregon. Any action or suits involving any question arising under this Contract must be
brought in the appropriate court of the State of Oregon.
Page 13
32. 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.
33. Complete Agreement
This Agreement and attached exhibits constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in
writing and signed by both parties. Such waiver, consent, modification, or change if made, shall.be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor,by the signature of its authorized representative,hereby acknowledges that he has read this
Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, 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.
Approved by Tigard's Local Contract Review Board at the Board's March 22,2011 Business Meeting.
CITY O ZGAIRD PUBLIC RESTROOM COMPANY
. oie , '
Signa Signature
//4 c
Printed 10ame&Title Printed Name&Tide
�zz/z 0 � a6
Date Date
Page 14
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PUBLIC
REra'7 DOOM
COMPANY
°OFESIGNIN13 AND GUILDIN14 Rrr5TR1I(7MS.,.1aETTrR}}
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FINAL PARK BUILDING PRICE: COOK PARK (TIGARD, OREGON)
Date: 1/19/11
Cost for the restroom building turn-key installed: $ 121,550
Restroom footuigs are by others, if required.
OWNER/GENERAL CONTRACTOR SCOPE OF WORK:
Preparation of Building Pad:
Attached to this document we have provided a pad preparation plan and a pad
section/detail.
Pad Requirements:
1. Survey the building site and provide a finished slab elevation for the prefabricated
building. The building pad size we require is larger than the final actual building
footprint.Provide building front corner stakes with 10' offsets.
2. Excavate the existing site to the depth of 14"below finished building floor
elevation.
3. Furnish and install compacted to 90% class 2 road base per the attached drawing.
4. Furnish and stock pile within 10' from the building footprint coarse mason sand
ready for placement on the pad by our staff after we set and gain approval to cover
the underground piping.
5. Some sites may require footings for soils conditions, frost protection, or owner
mandated building code requirements. If footings are required for this project,it
will be noted on the attached site pad plan and our"Final Quote" and you will be
responsible for the site footings.
Owner/General verification of site access to allow Building Delivery:
You certify to PRC that suitable delivery access to the proposed building site is available.
Suitable access is defined as 14' minimum width, 16' minimum height, and sufficient
turning radius for a crane and 70' tractor-trailer. Our cost is based upon the crane being
able to get within 35' from the building center and for the delivery truck to be no more
than 35' from the crane center pick point. If the path to the building site traverses curbs,
underground utilities, landscaping, sidewalks, or other obstacles that could be damaged,it
is the Owner/General's responsibility for repair and all costs,if damage occurs.If trench
plating is required,it shall be the cost responsibility of the.Owner/General. If unseen
obstacles are present when site installation begins,it is the Owner/General's responsibility
to properly marls them and site
notify PRC before installation.
Installation Notice and Site Availability:
PRC will provide sufficient notice of delivery of the prefabricated building. The Owner
shall make the site available during the delivery period. During the delivery period,on an
improved site, Owner should stop site watering several days before delivery to minimize
the impact on the soils for the heavy equipment needed for installation.
-2 -
Caution:
If site is not ready for ourfield crew to perform their installation and if no notice of
delay in readiness from Owner/General is received,PRC will.provide a change order for
re-mobilization on a daily basis until the site is ready for us. Ready means that the site
pad is completed, the corner required survey stakes are in place, the slab elevation
stakes are in place, the location of the front of the building is confirmed on site, and
access to the site is available from an improved roadway. Owner/General shall sign the
change order before we will continue delivery.
Public Restroom Company will"turn-key" set the buildings including the hook up of
utilities inside the building when they are available. PRC will use its own trained
staff for the installation.
Utility Connections:
The General is responsible for flushing line for water before final connection. The General
is responsible for final connections of water, sewer, and electrical at the exterior ground
boxes we furnish,nominally 6 feet from building line. PRC provides a POC for water, a
DWV waste line with clean out for connection, and an electrical schedule 80 PVC sleeve
at an exterior ground box for your electrician to run your electrical service wire through
our conduit up to the panel and tie off the lugs.
Special Conditions,Permits, and Inspection Fees:
You should follow bid specifications for applicable building permit fees,health
department fees, all inspection fees, site concrete testing fees, and compaction tests, if
required by Owner/General. PRC is responsible for all required State inspections and final
State insignia certification of the building if applicable.
Jurisdiction for Off-site Work:
Jurisdiction,for permitting and inspection of this building shall be either the State agency
that manages prefabricated building in the state or the local CBO, (when the State does
not provide certification.)If the responsibility for building inspection is the local CBO we
will provide a certified plan set, calculations, and a third party engineer inspection report
for any and all closed work the local official cannot see.
PUBLIC RESTROOM COMPANY SCOPE OF WORK:
Our In Plant/Off-Site Construction Scheduling System:
PRC has several off-site manufacturing centers in the United States, strategically located,
that have the proper equipment and whose staff has been thoroughly trained to fabricate
our custom buildings to our standards. We manage quality control in our off-site
production facility to comply with the approved drawings and provide an inspection
certification and photos as required. When proprietary materials,which we have designed
and fabricated, are part of the project,PRC supplies the manufacturing centers with these
special parts or chemicals. We then schedule the in plant construction process to
coordinate with your delivery date through our Operations Division field staff. We
guaranty on time at cost delivery weather permitting. �
BEEN&MI
- 3 -
Terms of Payment for Building: We require a 10% deposit/payment with your purchase order
before plans are released. We invoice monthly on a percentage of completion basis of in plant
consti action. You must bill your client at least every 30 days and pay us after you are paid. We
provide you with progress invoices to coincide with your monthly billing cycle; certified
inspection reports in plant, and photos to verify in plant progress. Since the prefabricated
building(materials)represents 90% of the project cost and is a product(materials),we expect
our billings to be paid as we do not accept withholding of retention.
In the event of project stoppage,additional fees may be assessed for re-mobilization,
storage, crane costs, etc. Our discounted project costs are based upon timely payments.
Delays in payment could change delivery schedules and project costs.
Delivery and Installation:
Site Inspection:
PRC staff,upon site arrival,.will verify the required dimensions of the building pad and
the corner locations/elevation. We will also verify the delivery path from an accessible
road or street and install the underground utilities to the point of connection nominally 6'
from the exterior of the building.
Installation:
PRC will install the building turn-key, except for any exclusion (listed under
"Exclusions,"herein.)
Installation of Utilities Under the prefabricated Building:
We fabricate off-site an underground utility (electrical,water, and DWV) preassembled
plumbing and electrical tree. Our site staff will excavate the trenches and set the plumbing
and electrical tree into code depth excavated trenches.
Your utility POC's start nominally 6' from the building footprint where we pick up the
task and connect your services to the building stub downs. We provide all the under slab
piping(including the driven electrical ground rod or lightning rod if applicable.)All you
have to do is bring utility services to within 6' of the pad.
Connection of Utilities Post Building Placement:
After placement of the building on the pad by PRC, our field staff will tie in the water and
sewer connection"inside"the building only and terminate at a point of connection(POC)
outside the building clearly marked for each utility service. The General is responsible for
final service connections at the POC.
Electrical:
We provide the electrical conduit to the POC 6' from the building. You pull the wire and
tie it off on the electrical panel.
I
Plumbing: i
1 P 1 e •' + S:S {.i ii a ee • e.
I
- 4 -
You will connect the water to our stub 6' from the building footprint within the curb box
we furnish and you will flush the line per local code.
Sewer:
Some sites depending on the local jurisdiction will require an outside trap which you will
install if needed. We will provide you with a point of connection including a clean out to
which you will terminate the site sewer service drain.
Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:
Before the building leaves the manufacturing center, we test the water piping, DWV, and
the electrical connections for compliance with code. While the building is fully tested for
leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings
and require tightening once the building services (water) is completed. You are
responsible for minor fitting tightening to handle small slip fitting leaks caused by
transportation.
Time of Completion:
PRC estimates a schedule to complete the project from receipt of final "notice to proceed" and
written approval of the project architectural drawings by the owner. PRC requires 60 calendar
days to complete the project from receipt of written notice to proceed together with a signed set
of the final building drawings by all authorities required to approve them.
Exclusions/Exceptions:
1. Access issues for delivery of the building when the Owner/General contractor has
not provided a proper path to the final site. This exclusion covers sites whose
access is limited by trees, inaccessible roadways, overhead power lines at location
where crane will lift building, grade changes, berms,or uneven site grades, or
when the path of travel is over improvements such as sidewalks, all of which are
not within the scope of work by PRC.)
2. Any trench plate requirements for protection of site soils, sidewalks, or site
utilities.
3. Sidewalks outside the building footprint.
4. Survey, excavation, and 'installation of the building pad per our attached plans.
5. Soil conditions not suitable for bearing 1500 psf.
6. Improper water pressure, an undersized meter, or flow to the building.
7. Bonds,building permits, site survey, special inspection fees,minor trash removal,
final utility connections,minor plumbing leaks if water is not available when
building site work installation is complete, site soils or improvements if damaged
during installation, landscaping.
8. Traffic control requirements coordinated by the Owner.
Clarifications:
Our crane costs, which are included herein, are based on a 35' maximum radius distance
from the center pin of the crane to center point of the furthest building. If additional
distance requires a larger crane, additional costs will be assessed by change order to you..
- 5 -
Insurance and Prevailing Wage Certification:
PRC shall comply with the required bid specification insurance requirements,prevailing
wage reports, and safety requirements of the project,including the recently promulgated
OSHA regulations.
Special Insurance to protect the Building before acceptance:
As PRC requires payment for each month of off-site construction, and since the building
is not on owner property where their insurance will cover the building, we provide a
special policy that insures the property even when paid for off-site until the building is
finally accepted by the owner. The policy provides the owner and Owner/General
contractor as additional insured during this period.
PRC provides the Owner/General and Owner a policy rider to cover the building while it
is being built off-site,while in transit to the job site, during and after it is installed on-site
until final acceptance. This special policy covers each building module (section)for up to
$200,000.This exceeds the cost of any building module we have offered for sale herein.
Errors and Omissions Insurance:
Our firm employs licensed architects, engineers, and drafting staff to provide design of
our buildings. Since these buildings are required to meet accessibility standards and
building codes on site, and since we are the designer, we carry Errors and Omissions
Insurance(E &O) to protect our clients from any errors. The policy covers a limit of up to
$1,000,000 per occurrence and is more clearly explained in the insurance certificates we
provide after receipt of a purchase order.
WARRANTY
All work performed by PUBLIC RESTROOM COMPANY (called "Company")
shall be warranted to the Owner to be of good quality, free of faults and defects in
material,workmanship, and title for 5 years from last date of installation if building
is installed by Company or 1 year if building is installed by Owner or Owner's agent
without on-site supervision by Company. Company will repair or replace at their
sole option any defects in work upon proper notice to the below stated address. This
warranty applies only if all work performed by Company has been fully paid for,
including change orders if applicable. Company has no responsibility for any
neglect, abuse, or improper handling of building product. The warranties
expressed herein are exclusive, and are in lieu of all other warranties
expressed or implied, including those of merchantability and fitness.
There are no warranties which extend beyond those described on the face of this
Warranty. The foregoing shall constitute the full liability of the Company and be the
sole remedy to the Owner.
Term of Offer and Acceptance:
This offer is valid for acceptance within 30 days, or when apart of a public bid for the
applicable duration imposed within the Owner's bid documents. If our offer is not
accepted within 30 days of the Owner/General contractors notice to proceed from the
owner, cost increases may be added based upon any increases in our costs.
- 6 -
Special Notice of Possible Project Cost Increases as a Result of Late Payments:
In the event of delayed or late payment,PRC shall have the right to remedies including
late charges, overall project total cost increases,and other damages as allowed by
applicable law. The contract price quoted herein is a discounted price based upon our
receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the
event of non-payment,PRC will provide a 5 day written notice to cure and if payment is
still not received,the discounted price for the payment due may increase,to an
undetermined amount,to cover work stoppage,remobilization, cancellation of materials
and subsequent restocking charges, resale of the contracted building to another party,
storage fees, additional crane fees,travel and per diem costs for field crews, and any other
cost applicable to the project, as allowed by law.
Venue for Contract Jurisdiction:
Public Restroom Company requires all contracts accepted by our firm to hold that the
venue for legal jurisdiction for this contract offer and acceptance shall be Washoe County,
Nevada. In the event of your default,PRC shall be entitled to the full amount due
including reasonable attorney fees, costs, storage, expenses of physical recovery, and
statutory interest, as allowed by law.
No modifications to this offer shall be authorized unless confirmed in writing by the
President or Chief Financial Officer of PRC.
Project:
Offered by: Public Restroom Company by
Charles E.Kaufman,President _.
This provides conditional acceptance of this preliminary purchase order for this
building subject to acceptance of the submittals,furnished by Public Restroom
Company. Once you accept the preliminary submittals,this shall become a final
purchase agreement or at your discretion the final purchase order or a contract may
be substituted with this attached.
Accepted by:
Authorized Signature Date
Printed Name
Legal Entity Name and address
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SPECIFICATION SHEET
DESIGaN LOADS
bate: 01/17/11 _ Size: 22'6"x 14' Floor: Mat Slab
Public Restroom Company Description: Restroom building Winds 900
J� Roof: 25
Location:Tigard,OR
Project: Cook Park State seal: Oregon
TYPE OF BUILDING
Walls to 7'4" Masonry
LVR Wood framed walls above cap beam,plank&beam roof structure,
scallv 2 each per corner
FLOOR SYSTEM
Type Concrete-standard weight
Floor finish
Entlre bldg Exposed concrete with light broom finish with water resistant coating
Fiberglass grates Yes Provide grates for slab openings Qty(4)
Foundation Tie-Downs_See note Yes Provide steel angle tie down plates
Note: (Required for buildings that will be placed on concrete footings)
WALL SYSTEM(structural)
Framing
Exterior 4"CMU Precision,rows 1,3-10,gray
Exterior 4"CMU Split face,rows 2&11,gray
Interior 4"CMU Precision,gray
C&R,beam all walls) Steel tube,painted
Above cap beam (all walls) 2x3 wood framing with PT bottom plate
Vents(exterior RR walls) Above cap beam
S.S.Wire mesh 1-1/2"x 1-1/2"x 1/4"
Sheathing(framed walls
above cap beams 7/16"OSB both sides-Nate:paint one side of the OSB
WALL FINISHES-Exterior
CMU Paint over block filler full height
Siding James Hardie"Staggered edge notched panel shingle",above cap beam
Mod line trim Backer rod&caulk,painted
Vent trim 2x2 wood-painted
Other Provide lexan covers for vents
WALL FINISHES-Interior
to cap beam Block filler&paint
Restrooms
Base None
Above cap beam Painted Cement Board-stucco pattern
Unpainted CMU but seal to 241 AFF
Mechanical to cap beam
Above cap beam Painted OSB
i
I
SPECIFICATION SHEET
100F SYSTEM
Style: Cable with 6/12 pitch,8"overhang on 3 sides,3'overhang on front
Hoofing: 26 ga Standing Seam Metal"Taylor"(prefinished)with#30 roofing paper(or equal)
Dormers: No
Cupola: No
Framing: - Plank&beam
flidgebeam 3-1/8 Glulam tapered one side
Mid Span[beams 3-1/8 Glulam tapered one side
Ceiling: 2x6 KD T&G Select Deck
Insulation: None
Sheathing: 7/16"OSB
Fascia-save&rake: 2 x 8 KD SPF wrapped with 14 ga formed steel
DOORS&HARDWARE
Slab 1&2 3 4 5a 5b 510 5 5e
City Size Type Hinge Lock Obser Pull plate Recessed pull Thresh sweep Notes
Men's RR 1 3'x7' HM Cont a2 yes b2 no no 6a
Women's RR 1 3'x7' HM Cont a2 yes b2 no no 6a
Meohanical 1 310 HM Cont a1 no I bi I yes yes I 6b
Skylites 2 nom 2'x4' Shop built with Lexan
1. DOOR TYPES:
a) HM:GALVANIZED HOLLOW METAL,14 GA DOOR w/14 GA FRAME.
2. ALL H.M.DOOR FRAMES:
WELDED WITH MASONRY ANCHORS.
4-WO WIDE,TYPICAL
4'MASONRY HEADERS
3. HINGE SPECS
a) CONT= PEMKO KCFM•83"STD DUTY(250 LB)CONTINUOUS GEAR HINGE
4. LOCKS
a) DEADBOLT:BEST 83T_-626 CS
1) K-KEY ONE SIDE,ADA TURN LEVER LOCKS AND UNLOCKS
2) S- KEY ONE SIDE, ADA TURN LEVER UNLOCKS ONLY
S. HARDWARE SPECS:
a) CLOSER: LCN 4041 REG-AL(add CUSH ARM for oulswing doors)
b) PULL PLATES:
1) PULL PLATE:ROCKWOOD j06x70C(EXIT ONLY1 WITH BIO•GUARD COATING
2) PULL PLATE:ROCKWOOD 106x70C jBOTH SIDE81 WITH BIO-GUARD COATING
c) RECESSED PULL: CUSTOM MADE S.S..
d) THRESH: PEMKO(4229A FOR TILED FLOORS,#270A FOR NON TILED FLOORS)
e) SWEEP: PEMKO 321 SSN
6. OTHER:
a) MAGNETIC LOCKS-SUPPLY&INSTALL SECURITRON SYSTEM
b) PROVIDE CHECK CHAIN
1 -
SPECIFICATION SHEET
RESTROOM ACCESSORIES
ITEM QTY SIZE MANUFACTURER I MODEL N FINISH NOTES
Grab Bars 2 42" Bobrick B6806-42 S.S.
Grab Bars 2 48" Bobrlok B6806-48 S,S,
Signs-rectangular room ID ADA-"Men" 1 6114" InteIIICAM Aluminum Blue
Signs-reotangular room ID ADA-"Women" 1 6"x8" 1 InteIIICAM Aluminum Blue _
Toilet Paper Holders _ 3 3-roll Royce Rolls TP-3 S.S.
Urinal Soreens 1 See note below
TOILET PARTITIONS TO BE 4"BLOCK WITH PHENOLIC DOORS AND S.S.HARDWARE (1)B670 is
Toilet Partitions 3 Included with each toilet partition door (phenolic supplied by PRC)
Hand dryer 2 Fastalre HD03 Cast Alum.
OTHER SPECIALTY ITEMS
Heaters-pumphouse 2 Grainger VV13 ship loose
Shelving 1 12"x48" Rubbermaid white
MISC
Sight screens n/a
Shrink wrap No
i
SPECIFICATION SHEET
5LUMBING
Restrooms
Fixture type Stainless Steel
Tollets Qty: 3 Acorn#1676•W-1-PFS
Seats standard Bemis 1966C(Black)
Flush valves hydraulic Sloan 952-1.6-MBFW (push button)
Urinals Qty: i Acorn#1702-W-1-CFR
Flush valves hydraulic Sloan 995-1.0-MBFW (push button
Lays(wall hung) Qty: 2 Aoorn#1652-ADA-I-LF-3
Faucets Air control,single temp valve
Floor drains: Qty: 2 Zurn 415-90-513 with Mifab M2-500 trap primer _
General
Water heater No
Drinking fountain Dual Acorn Aqua 151400 B-FG _
Water filter Yes (single)Keystone CG10
Pressure Gauge Yes Proflo PFG100K
Check valve Yes 1-1/2"Nibco
Pressure reduoing valve Yes 1-1/2"Watts 25 AUB-GG
Diaphragm tank Prep only
Pressure booster No
Hose bib interior Yes Woodford 24-PC in mechanical room
Hose bib(exterior) No
Hose reel Yes Rapid Reel#1041-GH with hose bib
Water Copper
Waste PVC
Christy boxes No
Ventoap Yes Smith 1748
Curb stop Yes Mueller H-15015
SPECIFICATION SHEET
ELECTRICAL
Service 100 amp 120/240 volt single phase
Meter base no-if required,it should be by others
Panel 100 amp-main breaker
Breakers Plug on
Raceway Metallic(EMT in exposed areas&MC Cable where concealed
Receptacles GFCI (1) Leviton 7899-1
Switches Single pole(1) By Pass(2) Leviton 1221-1
Lights-Exterior 70 watt HPS(2) Lithonia TWL 709
Controlled by photo cell(1) Intermatic K4421
Controlled by BYPASS SWITCH(1) Leviton 1221-1
Lights-RA Twin 26 watt oompaot fluorescent (2) Kenall H1212FLC262120
Controlled by time clock(1) Intermatic T101
Controlled by BYPASS SWITCH(1) Leviton 1221-1
Lights-Mechanical 4 ft.-2 lamp-fluorescent diffused (1) Lithonla L8232-120
Controlled by single pole switch(1) Leviton 1221-1
Wire for Remote hand dryer(2) Fastaire HD 03
Wire for Securitron system 2 doors-out swing)
Wire for Pump house heater(2) Grainger 2YV13
Christy boxes _No
NOTE: _Securitron system to be supplied by Blazer except PRC to supply exit button
NOTE: Provide 3/4"conduit near electrical panel for future Irrigation controller
CITY OF TIGARD,OREGON
CONTRACT SUMMARY FORM
(F'ORMMUSTACCOMPANYEACH CONTkACTFORAUTHORIZATioN)
Contract Title: Cook Park Pre-Fabricated Restroom Number:
Contractor: Public Restroom Company Contract Total: $121,550
Contract Overview: Contractor will construct a pre-fabricated (turn-key)-restroom and the City will use
as a replacement for the one that burned down at Cook Park
Type: ❑ Purchase Agreement Start Date: OLt 12-bit End Dater
nPersonal Service
Z Public Improvement LCRB Award: March 22,2011 Department: Public Works
IGA
Other: Contract Manager: 1JSt Cdc.
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Purchased using a cooperative procurement through Florida contract
Account String: FUND/DIVISION ACCOUNT AMOUNT
Year 1 92004425 140 $121,550
Year 2 4258000 56002' (same as above)
Year 3
Year 4
Year 5
Approvals
Department Comments:
Department Signature:
Purchasing Comments: Okay...
Purchasing Signature:
City 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.