Milroy Golf Systems Inc ~ CP14006 City of Tigard
� 13135 SW Hall Tilvd.
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CONTRACT CHANGE ORDER/ Tigard,Oregon 972-13
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AMENDMENT SummARY FoRmPhone-(503) 639-1171
Fax- (503'1 68-1-7297
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Project Title: Potso Dog Park Improvements— Project Manager: Martin McKnight
Irrigation System
Contractor: Milroy Golf Systems, Inc. Origin I Contract#: CP14006
Effective Dates:January 6, 2014 1 Chane Order/Amendment Amount: $815.10
Accounting Strias Amendment Percentage Running Total:3.3 %
AMENDMENT DETAILS
Milroy requested to amend contract from$24,700 to $25,515.10 to cover purchase of payment and performance
bond as required.
CHANGE ORDER DETAILS UNIT QTSUNIT$ TOTAL$
Payment and performance bond purchase 1 $815.10 $25,515.10
REASONING FOR CHANGE ORDER/AMENDNIENT
Milroy was required to purchase a payment and performance bond.
REQUESTING PROJECT MANAGER APPRO G CITY STAFF
— Signature Signature
Date bate
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed the project's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
POTSO DOG PARK IMPROVEMENTS-IRRIGATION SYSTEM
CoNTRAcT#CP14006
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City,and Milroy Golf Systems,Inc. hereinafter referred to as Contractor, entered into on the 18 day of
November,2013,is hereby amended as follows:
3. Compensation
A. Progress Payments: City agrees to pay Contractor an amount not to exceed Twenty
-r•i3O....,,aa Seven L7.,n„7red and No/!r"' Twenty Five Thousand Five Hundred Fifteen and
19-L100 Dollars ($24,700,00 25.515.10) for the installation of an irrigation system at Potso Dog
Park as detailed in Exhibits A and B. Payments shall be based upon the following applicable
terms:
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD MILROY GO YSTE J INC.
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CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT-PWR COVERED PROJECT
POTSO DOG PARK IMPROVEMENTS-IRRIGATION SYSTEM
THIS CONTRACT, made and entered into this 18"' day of November, 2013, by and between the City of
Tigard,a municipal corporation of the State of Oregon,hereinafter called"City" and Milroy Golf Systems,Inc.
hereinafter called"Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions
hereinafter described;and
WHEREAS,time is of the essence in this contract and all work under this contract shall be completed within
the time period stated in the Bid Proposal;
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 the following:
The installation of an irrigation system at Potso Dog Park as part of overall improvements at the park.
The irrigation system will improve the quality of the turf grass at the park. Healthier turf will reduce
wet, muddy conditions during the rainy season and make the terrain safer for active dogs and more
aesthetically pleasing for their owners. The city anticipates the installation will cause the park to be
closed for approximately one week and contractors should strive to meet or beat this timeframe.
2. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth.
The Contractor agrees that the workmen in each trade or occupation required for the work to be done
pursuant to the contract, employed in the performance of the Contract, either by the Contractor or
Subcontractor or other person doing or contracting to do any part of the work contemplated by the
Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the
Commissioner of the Bureau of Labor,and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for
those labor and services and withhold these amounts from payment s that are due the Contractor in
accordance with ORS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work
that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000
with the Construction Contractors Board as required under Oregon PWR law. Contractor shall also
require in every subcontract to this Agreement that the subcontractor file a public works bond with
the Construction Contractors Board in the amount of$30,000 prior to starting work on this project
unless otherwise exempt.
For contracts $50,000 or greater,the City shall pay a fee equal to one-tenth of one percent (.001) of the
price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the
first progress payment or sixty(60) days from the date work first began,whichever comes first.
3. Pre-Construction Conference
Contractor and listed subcontractors shall attend and participate in any pre-construction conferences if
requested by City's Project Manager before any work is started on the project site.
4. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents,
including all attached Exhibits,prepared by the City and performance pertaining to this Agreement,in
the City of Tigard, Oregon,and by this reference made a part hereof to the same legal force and effect
as if set forth herein in full
5. City's Project Manager
For purposes hereof, the City's Project Manager shall be Martin McKnight, Grounds Supervisor,who
can be reached by telephone at(503) 718-2598.
6. Contractor's Representative
For purpose hereof, the Contractor's authorized representative shall be James Milroy, President,who
can be reached by telephone at(503) 538-3568.
7. Contractor Identification
Contractor shall furnish to the City the Contractors employer identification number,as designated by
the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
S. Compensation
A. Progress Payments: City agrees to pay Contractor an amount not to exceed Twenty Four
Thousand Seven Hundred and No/100 Dollars ($24,700.00) for the installation of an irrigation
system at Potso Dog Park as detailed in Exhibits A and B. Payments shall be based upon the
following applicable terms:
1) Payment by City to Contractor for performance of services under this Agreement
includes all expenses incurred by Consultant, with the exception of expenses, if any
identified in this Agreement as separately reimbursable.
2) Payment will be made in installments based on Contractor's invoice, subject to the
approval of the City Manager, or designee, and not more frequently than weekly.
Payment shall be made only for work actually completed as of the date of invoice.
3) At the request of the City's Project Manager, Contractor shall prepare and submit each
week, a statement of services rendered, indicating the description of each service used in
the proposal and the dollar amount of each service completed through the state date,
together with a request for payment duly verified by the Contractor's Representative and
copies of certified payroll statements.
2014 PI—Potso Dog Park Irrigation 21 Page
4) Payment by the City shall release the City from any further obligation for payment to
Contractor for services performed or expenses incurred as of the date of the statement of
services. Payment of installments shall not be considered acceptance or approval of any
work or waiver of any defects therein. City certifies that sufficient funds are available and
authorized for expenditure to finance costs of this contract during the current fiscal year.
Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard
City Council.
5) 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.
6) 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 statements with the City.
B. Timing of Payments: Progress payments,less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the
statement of services. The Contractor agrees that the "Time of Completion" is defined in the
Bid Proposal, and agrees to complete the work by said date. The Contractor and City agree
that the City will suffer damages each day the work remains uncompleted after the Time of
Completion and that the amount of those damages are difficult to calculate. Contractor and
City agree that a reasonable amount of damages for late completion is $100 per day and
Contractor agrees to pay damages in that amount if the work is not completed by the Time of
Completion.
C. Final Payment:The Contractor shall notify the City in writing when the Contractor considers
the project complete,and the City shall,within 15 days after receiving the written notice,either
accept the work or notify the Contractor of work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor,including the retained
percentage, shall be paid to the Contractor, by the City within 30 days after the date of said
final acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per month
on the final payment due the Contractor, to commence 30 days after the work under the
Contract has been completed and accepted and to run until the date when final payment is
tendered to the Contractor. If the City does not,within 15 days after receiving written notice
of completion, notify the Contractor of work yet to be performed to fulfill contractual
obligations, the interest provided by this subsection shall commence to run 30 days after the
end of the 15-day period.
As a further conditions of final acceptance, the City may require the Contractor to submit
evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other
indebtedness connected with the project have been paid, except that in case of any disputed
indebtedness or liens,the Contractor may submit in lieu of evidence of payment,a surety bond
satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in
cases where such payment has not already been guaranteed by surety bond.
2014 PI—Potso Dog Park Irrigation 3 1 P a, e
9. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an
employee of City, shall not be entitled to benefits of any kind to which an employee of City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found 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.
10. Subcontracts -Assignment&Delegation
Contractor shall submit a list of Subcontractors for approval by the City, and Contractor shall be fully
responsible for the acts or omissions of any Subcontractors and of all persons employed by them,and
neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to
create any contractual relation between the Subcontractor and City.
This agreement, and all of the covenants and conditions hereof, shall inure to the benefit of and be
binding upon the City and the Contractor respectively and their legal representatives. Contractor shall
not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the
written consent of City,and any assignment or delegation in violation hereof shall be void.
2014 PI—Potso Dog Park Irrigation 4 1 P it g e.
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PWR Law specified minimum wage.
11. Contractor-Payment of Benefits -Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract,
2) Pay 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 furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid
each worker which the Contractor or the Subcontractor has employed upon such public work,
and further certifying that no worker employed upon such public work has been paid less than
the applicable prevailing rate of wage, which certificate and statement shall be verified by the
oath of the Contractor or the Contractor's Surety or Subcontractor or the Subcontractor's
Surety that the Contractor or Subcontractor has read such statement and certificate and knows
the contents thereof and that the same is true to the Contractor's or Subcontractor's
knowledge.
1) The certified statements shall set out accurately and completely the payroll records for
the prior week, including the same and address of each worker, the worker's correct
classification,rate of pay, daily and weekly number of hours worked, deductions made
and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor
or Subcontractor to the City. A true copy of the certified statements shall also be filed
at the same time with the Commissioner of the Bureau of Labor and Industries.
Certified statements shall be submitted as follows:
a) Each Contractor or Subcontractor shall preserve certified statements for a
period of three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a Subcontractor by any
person in connection with this contract as such claim becomes due, the proper office of the
City of Tigard may pay such claim to the person furnishing the labor or services and charge the
amount of the payment against funds due or to become due to the Contractor by reason of
such contract. Payment of a claim in this manner shall not relieve the Contractor or the
Contractor's Surety from obligation 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
2014 PI—Potso Dog Park Irrigation 5 1 Page
deems it in the best interest of the public or policy absolutely requires it,in which event, the
person so employed for excessive hours shall receive at least time and a half pay for the
following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week
when the work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week
when the work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS
279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in
the fulfillment of this contract except where the Contractor agrees to reimburse the City in the
amount of money paid the employee for such work as determined by state law, the City's
personnel rules or union agreement. The Contractor shall require every subcontractor to
comply with this requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a
subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due
plus interest commending at the end of the 10 day period that the payment is due under ORS
279C.580, unless payment is subject to a good-faith dispute. The interest rate shall be as
specified in ORS 279C.515(2). If the Contractor or any subcontractor fails,neglects,or refuses
to pay a person furnishing labor or material, the person may file a complaint with the
Construction Contractors Board, unless the payment is subject to a good faith dispute as
defined in ORS 279C.580.
H. Contractor shall include a clause in each contact with a subcontractor a requirement that the
contractor pay the subcontractor for satisfactory performance within 10 days of receipt of
payment from the City for the work. Contractor shall include in contracts with subcontractors
an interest provision for such payments in compliance with ORS 279C.580. Contractor shall
include a clause in each contract with a subcontractor requiring the subcontractor to meet the
same payment and interest standards as required by ORS 279C.580 (4).
12. Drug Testing Program
ORS 279C.505 requires that all public improvement contracts contain a provision requiring
contractors to demonstrate that an employee drug-testing program is in place. The Contractor
demonstrates that a drug-testing program is in place by signing of the contact. The drug testing
program will apply to all employees and will be maintained for the duration of the Contract awarded.
Failure to maintain a program shall constitute a material breach of contract.
13. Contractor's Employee Medical Payments
Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation
furnishing medical, surgical, and hospital care or other needed care and attention incident to sickness
2014 PI—Potso Dog Park Irrigation 6 1 Page
or injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services
and all money and sums which the Contractor collected or deducted from employee wages pursuant
to any law, contract or agreement for providing or paying for such service as referenced in ORS
279C.530.
14. Early Termination
A. This agreement may be terminated without cause prior to the expiration of the agreed upon
term by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of
any third party judicial proceeding relating to the work other than a suit or action filed
in regard to a labor dispute;or
2) If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and
include the day of termination and shall be in full satisfaction of all claims by Contractor
against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or
at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed,or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate
the whole or any part of this Agreement:
2014 PI—Potso Dog Park Irrigation 7 1 Pa g e
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 lav, reasonable and necessary attorney fees, and
other costs of litigation at trial and upon appeal.
16. Access to Records
City shall have access to such book, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination, excerpts,and transcripts.
17. Work is Property of City
All work performed by Contractor under this Agreement shall be the property of the City.
18. Adherence to Law
A. Contractor shall adhere to all applicable laws governing its relationship with its employees,
including but not limited to laws, rules, regulations, and policies concerning workers'
compensation,and minimum and prevailing wage requirements.
B. To the extent applicable, the Contractor represents that it will comply with Executive Order
11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act
of 1973 as amended and the Age Discrimination Act of 1975, and all rules and regulations
issued pursuant to the Acts.
C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes,
ordinances and regulations dealing with the prevention of environmental pollution and the
preservation of natural resources that affect the work under this contract are by reference
incorporated herein to the same force and affect as if set forth herein in full. If the Contractor
must undertake additional work due to the enactment of new or the amendment of existing
statutes, ordinances or regulations occurring after the submission of the successful bid, the
City shall issue a Change Order setting forth the additional work that must be undertaken.
The Change Order shall not invalidate the Contract and there shall be, in addition to a
reasonable extension,if necessary,of the contract time,a reasonable adjustment in the contract
2014 PI—Potso Dog Park Irrigation 8 1 P a g e
price,if necessary,to compensate the Contractor for all costs and expenses incurred,including
overhead and profits,as a result of the delay or additional work.
Pursuant to ORS 279C.525(1), the following list identifies Governmental Agencies of which
the City has knowledge that have enacted Environmental Laws which may affect the
performance of the work:
FEDERAL AGENCIES
➢ Agriculture
• Department of Forest Service
• Soil Conservation Service
➢ Defense
• Department of Army Corps of Engineers
➢ Energy
• Department of Federal Energy Regulatory Commission
➢ Environmental Protection Agency
➢ Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
➢ Interior,Department of
• Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
• Bureau of Land Management
• Bureau of Mines
• Bureau of Indian Affairs
• Bureau of Reclamation
• Geological Survey
• Minerals Management Service
➢ Labor,Department of
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
➢ Transportation,Department of
• Coast Guard
• Federal Highway Administration
➢ Water Resources Council
STATE AGENCIES
➢ Administrative Services,Department of
➢ Agriculture,Department of
➢ Columbia River Gorge Commission
➢ Consumer&Business Services,Department of Oregon Occupational Safety&Health
➢ Division
➢ Energy,Department of
➢ Environmental Quality,Department of
➢ Fish and Wildlife,Department of
2014 PI—Potso Dog Park Irrigation 91 I' ll
➢ Forestry,Department of
➢ Geology and Mineral Industries,Department of
Human Resources,Department of
➢ Land Conservation and Development Commission
Parks and Recreation,Department of
Soil and Water Conservation Commission
➢ State Engineer
State Land Board
Water Resources Board
LOCAL AGENCIES
➢ City Council
County Court
County Commissioners,Board of
➢ Port Districts
Metropolitan Services Districts
County Service Districts
Sanitary Districts
Water Districts
Fire Protection Districts
19. Changes
City may at any time, and without notice, issue a written Change Order requiring additional work
within the general scope of this Contract, or any amendment thereto, or directing the omission of or
variation in work. If such Change Order results in a material change in the amount or character of the
work, an equitable adjustment in the Contract price and other provisions of this Contract as may be
affected may be made. Any claim by Contractor for and adjustment under this section shall be
asserted in writing within thirty (30) days from the date of receipt by Contractor of the notification of
change or the claim will not be allowed. Whether made pursuant to this section or by mutual
agreement,no change shall be binding upon City until a Change Order is executed by the Authorized
Representative of City,which expressly states that it constitutes a Change Order to this Contract. The
issuance of information, advice, approvals, or instructions by City's Representative or other City
personnel shall not constitute an authorized change pursuant to this section. Nothing contained in
this section shall excuse the Contractor from proceeding with the prosecution of the work in
accordance with the Contract,as changed.
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes 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.
2014 PI—Potso Dog Park Irrigation 10 1 Page.
21. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms
of this contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any future
occasion.
22. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in the profession.
Neither acceptance of the work not payment therefore shall relieve Contractor from liability under
warranties contained in or implied by this contract.
23. Attorney's Fees
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs
including attorney's fees and court costs on appeal.
24. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any questions arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
25. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the proposal of the Contractor,this instrument shall control
and nothing hereinshall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
26. Indemnification
City has relied upon the professional ability and training of Contractor as a material inducement to
enter into this Agreement. Contractor represents that all of 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, employees, agents and
representatives 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 (at both
trial and appeal level,whether or not a trial or appeal ever takes place including any hearing before
federal or state administrative agencies) 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 sole negligence of the City and its employees. Such indemnification
shall also cover claims brought against the City under state or federal worker's compensation laws.
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.
2014 PI—Potso Dog Park Irrigation 11 I7 it g e
27. Insurance
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly
out of Contractor's activities or work hereunder, including the operations of its subcontractors of
any tier.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at Contractor's expense,
and keep in effect during the term of this contract, Comprehensive General Liability
Insurance covering Bodily Injury and Property Damage on an"occurrence" form (CG 2010
1185 or equivalent). This coverage shall include Contractual Liability insurance for the
indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance: Contractor shall also obtain,at Contractor's expense,and
keep in effect during the term of the contract, Commercial Automobile Liability coverage
including coverage for all owned, hired, and non-owned vehicles on an "occurrence" form.
The Combined Single Limit per occurrence shall not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance: The Contractor, its subcontractors, if any, and all
employers providing work, labor, or materials under this Contract that are subject employers
under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which
requires them to provide workers' compensation coverage that satisfies Oregon law for all
their subject workers. Out-of-state employers must provide Oregon workers' compensation
coverage for their workers who work at a single location within Oregon for more than 30 days
in a calendar year. Contractors who perform work without the assistance or labor of any
employee need not obtain workers' compensation coverage. All non-exempt employers shall
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each
accident.
D. Additional Insured Provision: All policies aforementioned, other than Workers'
Compensation and Professional Liability, shall include the City its officers, employees,agents
and representatives as additional insureds with respect to this contract.
2014 PI—Potso Dog Park Irrigation 121 Page
Such policies or certificates must be delivered prior to commencement of the work. The procuring
of such required insurance shall not be construed to limit Contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,
injury,or loss caused by negligence or neglect connected with this contract.
28. Method and Place of Giving Notice, Submitting Bills and Malang 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 MILROY GOLF SYSTEMS,INC.
Attn: Martin McKnight Attn: James Milroy
Address: 13125 SW Hall Blvd Address: 1102 North Springbrook Rd,#206
Tigard,Oregon 97223 Newberg,Oregon 97132
Phone: (503) 718-2598 Phone: (503) 538-3568
Fax: (503) 684-7297 Fax: (503) 538-2841
Email: mardn@tigard-or.gov Email: milroygolf_0) rontiencom
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances,notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices,bills and payments
are to be given by giving written notice pursuant to this paragraph.
29. Hazardous Materials
Contractor shall supply City with a list of any and all hazardous substances used in performance of this
Agreement. That list shall identify the location of storage and use of all such hazardous substances
and identify the amounts stored and used at each location. Contractor shall provide City with material
safety data sheets for all hazardous substances brought onto City property,created on City property or
delivered to City pursuant to this Agreement. For the purpose of this section, "hazardous substance"
means hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire
Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete
any such survey that it may be required to complete because of substances used in the performance of
this Agreement.
30. Hazardous Waste
If, as a result of performance of this Agreement, Contractor generates any hazardous wastes,
Contractor shall be responsible for disposal of any such hazardous wastes in compliance with all
applicable federal and state requirements. Contractors shall provide City with documentation,
including all required manifests, demonstrating proper transportation and disposal of any such
hazardous wastes.' Contractor shall defend, indemnify, and hold harmless City for any disposal or
storage of hazardous wastes generated pursuant to this Contract and any releases or discharges of
hazardous materials.
31. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
2014 PI—Potso Dog Park Irrigation 14 :' . o,
32. Demolition—Salvage and Recycling
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition
debris if feasible and cost-effective.
33. Complete Agreement
This Agreement 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 Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD MIMO
LF SY�� S, -,INp..��
c
os z,
Signature Signa e
Wc-4k Wipes, clhl na
Printed Name&Title Printed Name&Title
( 3
Date Date
2014 PI—Potso Dog Park Irrigation 15 :'
CITY Or TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT-PAYMENT BOND
Bond Number: 6-9117016
Project Name: Potso Dog Park Improvements- Irrigation System
The Cincinnati Insurance Company (Surety#1) Bond Amount No. 1: 24,700.00
------------ (Surety#2)* Bond Amount No.2:* ------
*If rrJ<nh rrrrdliplc surclics Total Penal Sum of Bond: 24,700.00
` e Milroy Golf Systems Inc as Principal, and the above identified
Surcty(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective heirs,executors,achninistrators,successors,and assigns firmly by these presents to
pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond) Twenty-Four Thousand Seven Hundred Dollars----- (Provided, that
we the Sureties bind ourselves in such sum"jointly and severally"as well as "severally" only for the purpose
of allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds
itself,jointly and severally with the Principal, Cor the payment of such sum only as is set forth opposite the
name of such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications,
terms,and conditions of wh ich are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard
specifications,special provisions,schedule of performance,and schedule of contract prices,are made a part
of this Payment bond by reference,whether or not attached to the contract (all Hereafter called "Contract");
and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications, and schedule of contract prices which are set forth in the Contract
lunents, and all authorized modifications of the Contract which increase the amount of the
and any attac
world, or the cost of the Contract, or constitute authorized extensions of time for performance fo the
Contract,notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall
faithfully and truly observe and comply with the terms, conditions, and provisions of the Contract, in ail
respects, and shall well and truly and filly do and perform all matters and things by it undertaken to be
performed under said Contract and any duly authorized modifications that are made, upon the terms set
forth therein, and within the time prescribed therein, or as extended therein as provided in the Contract,
with or without notice to the Sureties,and shall indemnify and save harmless the City of Tigard its officers,
n for direct or indirect- damages of every kind and description that
agents, and employees against any drai
shall be suffered or claimed to be suffered in connection with or arising out of the performance of the
Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor,
materials, or both to the Principal or its subcontractors for prosecution of the work provided in the
Contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State
Unemployment: Compensation Fond from the Principal or its subcontractors in connection with the
performance of the Contract;and shall pay over to the Oregon Department of Revenue all sums required to
be deducted and retained from the wages of employees of the Principal and its subcontractors pursuant- to
ORS 3.16.167,and shall permit no Lien nor claim to be bled or prosecuted against the City on account-of any
labor or materials furnished; and shall do all things required of the Principal by the laws of the State of
Oregon, then this obligation shall be void;otherwise,it shall remain in frill force and effect.
2014 PI—Potso Dog Park Irrigation 18 1 F,a t,.c
Nonpayment of the bond prenvum will not:invalidate this bond nor shall the City of Tigard be obligated for
the payment of any premiums.
This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting
Rules, the provisions of which are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, WE .HAVE CAUSED TT-IIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUll IORIZED LEGAL REPRESS ENTATIVES.
Dated this 26th day of November 2013
PRINCIPAL: o Gol S ststems Inc
By: -
Sign, •e
J�rMs
Printcd-1,laine&-Title
Attest:
SURETY: The Cincinnati Insurance Company
(Ac/d signala a for eaeb rinzD, vsih_p zuitlfola bond')
BY ATTORNEY-IN-PACT:
(Pager-of-Al'lorvy wild acco/7oaq),aach sarrety bona)
Judy Price
Name
Signature
5201 SW Westgate Dr, Suite 300
Address
Portland, OR 97221
City Statc Zip
503-296-0077 503-296-0044
Phone I+as
201,1 PI—Potso Dog Park Irrigation 19 1 t'a g e
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONT11ACT-PERFORMANCE BOND
Bond Number: 6-9117016
Project Name: Potso Dog Park Improvements- Irrigation System
The Cincinnati Insurance Company(Surety#1) Bond Amount No. 1: 24,700.00
------------ (Surety#2)* Bond A.mOunt No.2:* ------
*ff ininq ImIlliple,rrnrties Total Penal Sum of Bond: 24,700.00
We Gilroy Golf Systems Inc as Principal, and the above identified
Sutety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind
ourselves, our respective hens, executors,ad nirustrators,successors,and assigns firmly by these presents to
pay unto the City of Tigard, a mutucipalit of the State of Oregon, the sunt of (total Penal Sum of
Bond)Twenty-Four Thousand Seven Hundred Dollars---- (Provided, that
we the Sureties bind ourselves in such sum"jointly and severally"as wellas "severally" only for the purpose
of allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds
itself,jointly and severally with the Principal, for the payment of such sutra only as is set forth opposite the
name of such Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications,
terms,and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard
specifications, special provisions, schedule of performance,and schedule of contract prices, are made a part
of this Performance Bond by reference, whether or not attached to the contract (all hereafter called
"Contract");and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications, and all authorized modifications of the Contract which increase the
amount of the work, the amount of the Contract, or constitute an authorized extension of the tune for
performance,notice of any such modifications hereby being waived by the Surety:
NOW,THEREFORE,THE CONDITION Or TIIS BOND IS SUCH that if the principal herein shall
faithfit1 y and truly observe and comply with the terms of the contract and perforins the contract within the
tune prescribed by the contract, then this obligation is null and void; otherwise it shall remain in full force
and effect. If the contractor is declared by City to be in default under the contract, the surety shall promptly
remedy the default, perforin all of contractor's obligations under the contract in accordance with its terms
and conditions and pay to City all damages that are clue under the cotlCract. This obligation jointly and
severally binds the contractor and surety and their respected heirs,executors,adrninistrators,and successors.
Nonpayment of the bond pretnitun shall not invalidate tlus bond nor shall the City of Tigard be obligated
for the payment of any premiums.
This bond is executed for the purpose of complying with ORS 2790 and the Tigard Public Contracting
Rules,the provisions of which are incorporated herein and made a part hereof.
Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or
addition to the terms of the contract, or the work to be performed thereunder, or the specifications
accompanying the same shall in anywise affect its obligations on thus bond,and it does hereby waive notice
of any such change,extension of tune,alteration, or addition to the terms of the contract or to the work or
to the specifications.
2014 PI—Po no Dog Park Irrigation 1G P a g e
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUIv1FINT TO BE r,_KKUT'ED AND
SEALED BY OUR DULL'AUTHORIZED LEGAL REPRE,SENT'ATIV DS.
Dated tlus 26th day of November 2013
PRINCIPA • olf S terns Inc.
By:
Sign, re
jam-cpP �'YI,I 10cs/d',4
Printe 1 me&Tick
, ��
Attes . ��
SURETY: The Cincinnati Insurance Company
(,11dd signature.,%r each xurey 'usius ImIl.t0le bonds)
BY ATTORNEY-IN-FACT:
(Powr-of rlttory y wast accom.-PaID,eaeb surey boa(<
Judy Price
Name
A OW
Signat e
5201 SW Westgate Dr, Suite 300
Address
Portland, OR 97221
City S tate Zip
503-296-0077 503-296-0044
Phone Fax
2014 PI--Potso Dog Pack Iccigation 17 1 P a g e
THE CINCINNATI INSURANCE COMPANY
THE CINCINNATI CASUALTY COMPANY
Fairfield,Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY and THE CINCINNATI CASUALTY
COMPANY, corporations organized under the laws of the State of Ohio, and having their principal offices in the City of Fairfield, Ohio
(herein collectively called the"Companies"), do hereby constitute and appoint
Sean Dooney; Brian Dooney; Joseph P. Riter;
Judy Price and/or Gina M. McCluhan
Of Portland, Oregon their true and legal Attorneys)-in-Fact, each in their separate capacity if more than one is named
above, to sign, execute, seal and deliver on behalf of the Companies as Surety, any and all bonds, policies, undertakings or other like
instruments, as follows: Any such obligations in the United States, up to
Twenty Five Million and No/100 Dollars ($25,000,000.00) .
This appointment is made under and by authority of the following resolutions adopted by the Boards of Directors of The Cincinnati
Insurance Company and The Cincinnati Casualty Company,which resolutions are now in full force and effect, reading as follows:
RESOLVED,that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in-Fact of
the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and
may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or without cause modify or
revoke any such appointment or authority.Any such writings so executed by such Attorneys-in-Fact shall be binding upon the
Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.
RESOLVED,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on
any power of attorney granted, and the signature of the Secretary and the Seal of the Company may be affixed by facsimile to
any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and
binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with
respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS WHEREOF,the Companies have caused these presents to be sealed with their corporate seals, duly attested by their
President or a Vice President this1st day of May, 2009.
caU lnsu„�P .U(M.p,
CORPORATE d d CORPORATE THE CINCINNATI INSURANCE COMPANY
~ SEA L ' " S E A L ' THE CINCI NATI CASUALTY COMPANY
OHIO OHIO
STATE OF OHIO )SS:
COUNTY OF BUTLER )
Vice President
On this12 day of May, 2009 before me came the above-named President or Vice President of The Cincinnati Insurance Company and
The Cincinnati Casualty Company,to me personally known to be the officer described herein, and acknowledged that the seals affixed
to the preceding instrument are the corporate seals of said Companies and the corporate seals and the signature of the officer were duly
affixed and subscribed to said instrument by the authority and direction of said corporations.
SPR I A L SFoo
y MAR HULLE ,Attorney at Law
',�sr `p�,'• NOTA PUBLIC—STATE OF OHIO
My commission has no expiration
... date.Section 147.03 O.R.C.
I,the undersigned Secretary of The Cincinnati Insurance Company and The Cincinnati Casualty Company, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said
Power of Attorney is still in full force and effect.
Given under my hand and seal of said Companies at Fairfield, Ohio,this 26th day of November, 2013
`ccs\Insuranre cavi Casal/yo
CORPORATE =`COAPOAATE 11000C
� SEALEAL `
OHIO OHIO
Secretary
BN-1457(05/09)