COMMERCIAL STREET SANITARY SEWER MANHOLE >
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MMUKMMUL
September 9, 1980
Re: ^.econditioning of Existing Sewers
Gent leme►.
Enclosed please find a check for the amount of $6.00 returned tr your
office due you from the deposit for the above named project which
was closed on April 4, 1980.
We apologize for the delay in doing this.
Yours truly,
John S. Hagman
Supt. Engr. Division
JSH:pjr
Enclosures
Sent to: K. D. 6 Son
P.O. Box 25428
Portland, OR 97225
Northwest Underground
P.o. Box 1372
Corvallis, OR
September 9, 1.980
Re: Reconditioning of Existing Sewers
Gentle,ien:
Enclosed please find a check in the amount of $6.00 due you froin the
deposit for the above named project which was closed on April 4 ,
1980. Also, please find enclosed your bid bona submitted along with
your specifications.
We apologize for the delay and hope that we have not inconvenienced
you in any way.
Yours truly,
John S. Hagman
Sunt. Engr. Division
JFH:pjr
Enclosures
Sent to: Salem Sand S Gravel Dale Industries, Inc.
P.O. Sox 1008 1.8600 SW Pac. Highway
Salem, OR 97308 Sherwood, OR 97140
Tobey's Excavators
33003 SW TV Highway
Hillsboro, OR 97123
REQUISITION
CITY OF TIFAIM
WASHINGTON COUNTY.OREGON DATE
CHECK ONE: M I want to buy the following. Please research. Foward to Pur-
chasing Coordinator.
1—= I have researched the following (attached quote information).
Please issue a Purchase Order. Forward to Purchasing Coordinator.
17-71 I have ordered the following. Pease issue a confiru.ing Purchase
Order. Forward to Purchasing Coordinator.
I have received the follow:'.ng. Please make payment, Forward
to Accounting. Received: ,
Date Initials
P.O. #
DATE REQUIRED SHIP TO _
OTHER INFORMATION
ACCOUNT # QUANTITY DESCRIPTION (Please explain thoroughly) UNIT PRICE TOTAL PRICE
I
TOTAL. AMOUNT $
RECOMMENDED VENDORS
DEPART14ENT HEAD APPROVAL Distribution:
FINANCE DIRECTOR APPROVAL White - Pur. Coord. or
(for 600 Accounts over $2500, and all 700 Account s— Accounting
Yellow - Department Copy
A/Qrri ed5 0rC
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halzra Sand & .rnvel Company
13600 stir Paciftc Highway
Sherwood, t11' 07140
At rIr. Al N.alkhoven, General rnna„o..r
r
RF:: Conimprei.al Street ',anhole
-',alkhovent
This letter is to offirinl lv natify you to proceedtwithin ten ` 10;
(iays) with construction of the above n4amd project in aer_oril with
the terims th"reof,
a-nclosed vntt will hind an executnc; cn,., of the contract between the
city of 'qf^avl and your firms
tf you have any rinestions or scheduling ; robjema, Tileame contact
right Away.
Yours truly,
:'r4nk A. Currie
Director of . ublic 14orks
Tine 1.
DALE IWIDTJ8T1=?.Im3S, INo.
Divisions
DALE'S SAND & GRAVEL
TONQUIN QUARRY
18600 S.W. Pacific Hwy. Sherwood, Oregon 97140 • 639-7535
May 5, 1980 1276
John S. Hayman
Supt. Engr. Division
City of Tigard
12420 SW Main
Tigard, OR 97223
Be: Commercial StreEt Manhole
Sir:
Ehclosed are duplicate executed contract documents consistiN
of Agreement, Qontract Bond, and Ce, ificate of Insurance.
If ycu require further docLanentation, please advise.
Yours truly,
L!1 L 'S 5 & GR11VF1, CO.
Kal oven, Gen. Mar.
E7icl.
9
Iwo.
' Divisions
DALE'S SAND & GRAVEL
TONQUIN QUARRY
Y' 18600 S.W, Pacific Hwy. Sherwood, Oregon 97140 • 639-7535
May 5, 1980 1276
John S. Hagman
Supt. Ehgr. Division
City of Tigard
12420 SW Main
Tiy.lyd, OR 97223
Re: Ck:xnmercial Street Manhole
S.ir:
Ehclosed are duplicate executed contract documents consistirni
of Agreament, Cbitract Bond, and Certificate of Insurance.
If you require further documentation, please advise.
Yours truly,
r DAf �
SCO.CO.
XKal
Woven, Gen. Mgr.
Encl. 1 rJ
vv�lG
v
TrfIS rG �-2,T, rade this _ 28 _ diY o' ri1 _1 19�� betwee.i
Dal °-q SjEld S`'.iLc3�:5'-�_SS?�
IL-tzl naf ter
term-_d "Contractor", and the CITY OF TIG-°.D, a municirali.ty of the State of
Oregon, hereinafter ter=ed the "City',
W I T N E S S E T H :
WI�'RF.A.S, pursuant to invitation for bids publiciz_d by the City, th*
Contractor subnit;.ed to the City a proposal on -ch 4 , 19.E-i a^d
WIMPSPS, the City has d-eter.i.tned that said proposal of the Ccrztractor
is the lowest and best bid received, and as such was duly accepted by resolution
of the City Council of the City, at its meeting on the 14 dzy of April
19 eo ;
NOW, Tl-R CRE, in consideration of th_ offer of the Cont,—,c-tor and the
acceptance by the City, and the proaise:t and agreements herein cor.tatc_ed cu the
part of each of the pz.rties to be performed,
IT 1-9 A10FLE D between the Contractor and the City a:, follows.
l:
TL--t the Contractor is herel,)- bound. to coml.y with all-1 r2quireL_nt5
Of this erreement, the contractor's pro_esal, the detailed specific tions End
r=q,.:ire=om!,s, the d-ra•mGs, and the general conditions and modificatiorU in
ecn, itions as 'set forth in thi docu=z ants prepared by the City of Tigard, Orel;n,
and the Ferforrmnce bond, all of which are collectively referred to b=;Gin as
"Contract Documents" pertaining to the installation of one sanitary se-aer
in the City of Tigard, OreZ,on, and by this reCe--emc.? Lode
a Fart hereof to the sa=e legal force and effect as if set Porth herein is full.
2. The Contractor agrees to furnish all necessary materials, labor
and equipment necessary to collate in a vork anitk= ma-nnzr all of the vork
required fol the construction of the project in strict compliance with the
contract locumants hereinabove mentioned.
3. All addenda, change orders, or modifications to this agreement,
/ including the contract documents, shall- be made in writing and approved by the
City and City's attorney before being of any binding force or effect.
4. That in addition to the requirera_nts of the contract doemeats
hereinabove referred to, the Contractor is hereby bound to ce=ly with each and
all of the following conditions of thin contract purl;:;nt to the requiz�--wents
of Oregon Revised Statutes for public contracts:
(a) The Contractor shall rake payment prom-tly as due to all
persons sup91yia3 to such contractor labor or material for the prosecution of
vork provided for in the contract documents, and s1zU pay all contributions or
amounts due the State Industrial Accident Fund from such contractor or sub-
contractor incurred in the perform3.ace of the contract. (ORS 279.312(1) (2)).
(b) The Contractor shall not permit any lien or claim to be
tiled or prosecuted against the City on account of any labor or zaterizl fur-ilshed.
(ORS 279.312(3)).
(e) The Contractor shall pay to the Departnu
ment of Revenue all
sums withheld frog ea.vloyees pursuant to ORS 316.10.7 and 316.167. (OR3 279-312(4)).
(d) If the Contractor fails, neglects or refuses to Mde prompt
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pay-ant for any labor or materials furnished to the Contractor, or sub-contractor
by any person is correction with this contract, as such claics beccce due, a
proper officer or officers representing the City may gay such claim to the person
furnishing the labor or services and charge the acoust of iayment against funds
due or to become due the Contractor by r,3ascn of this Contract. The paycent
of a claim authorized in this provision shall not relieva the Contractor or
his surety from his or its obliga-tiea :-ith respect to any unpaid cleims. �
(ORS 2T9.314)-
(e) The Contractor agrees that no Fersoc shall be en9ioye3 for
more than eight (8) hours in any one day, or forty (40) hours in any one. vaek,
except in cases of necessity, emergency, or vhere the public policy absolutely
requires it, and in such cases the laborer shall be paid at least time and a
halt for all overtime in excess of eight (8) hours a day and for work performed
on Saturday and en any legal holiday specified in ORS 187.,010, excepr. Veterans
Day. Rowever, when specifically agreed to under.• a written labor mampment
negotiated labor agreecent, a laborer may be paid at. least time and a half 1my
for work performed on Veterans Day or on any legal holiday specified in
CPS 187.020. (OFS 279.316).
(f) Contractor shall promptly, as due, make paycent to any
perzoa, co-partnership, association, or corporation furnishing cedical s Sur_
gical and hospital care or other needed care and attention, incident to sick-
ness or injury to the employees of such Contractor, of all sums which the
Contractor agrees to pay for such mer-vices and all monies aad sums *ich the -
Contractor collected or deducted fro❑ the Vag:s of his e=loy-eS pursuant to
any law) contract or as'eement, for the purpo,;e of providing or paying far
such se:-rice. (ORS 2.79.320).
(g) The hourly nage rate to be paid by any Contractor or sub-
contractor to work-an u_,ler this Co.^.t.act sha11 not be less than the Bretiailirg
rate of uaoe for am hour's uor'_: is the saLe trai or o_cu; ticn in thr to lity
:There such labor is per, rmc 4. When a contractor or subcontractor is a party
to a state-vide aEreement in effect u._tu any Labor or�;aaizz tion, the rate of
VzEes as established in the agraement s:L11 be ccnsidared to be th-e prevai.lirE
rate in the local? y. (OPS 279.3:0)•
(h) T'ne Contractor agrees t}:at the uorr--cn in each traae or
cccu.pstiorl require3 for the work to be done pursuant to the Contract, eualoy-ad
in theperfar' ='nee of the contract, either by the Contractor or subecatractor
or other person doing o: contracting, to do any :art of the work conte_2Iated
by the Contractor sh'll be paid not less th,n the minl=ua hourly ra;;e of gage
slacified by the Cc---missioner om the Bureau of labor. (ORS 279.352).
(i) Eefore final payr..ent is rade on the contract, the Contractor
or his surety and every suocontractor or his surety shall file with tb~ City
a statement in •Titin„ in the form perscribed by 'he State labor Commissioner
certifying that the ho-lrly rate of uaEe paid each classification of vvrkr._a
enployed by him an the contract and further certifying that no cork c c lofted
I
by him on such contract has been Paid less than the yreveiling rete of trage or
less than the mincum hourly rate of va&e specified in the contract, which
certificate and statecient shall be verified by the cath of the Contractor or
his surety or subcontractor or his surety that he has read such statement and
-certificate and knoc,;s the contents thereof and that the sar- is true to his
knowledge. (ORS 279.354) .
(j) The City may elect to cancel this contract for any wtlful
failure or refusal on the part of the Contractor to faithfully perform his
contract accordin', to its terms. (ORS 279.318(1)).
(k) All applicable provizions of federal, state or Local statutes,
ordinances and regdvalin� wit`' the prevention of envirormeutal pollution
and the preservation of natural resources that affect the work under this contr.nct
are by reference incorporated hcr.ein to the same force and affect as if set forth
herein in full. At the time of execution of this contract the City knows that
the following agencien have enacted ordinances or regulations affecting work under
this contract: Federal GoverrLient (EPA) - State of Oregon (DEO) - 'dash*aQto n_
Ccuntv - Ci-ti of Tigard _
If the contractor must undertake addLtlorlal work due to the enac=.eLt of new or
the amendment of existin- 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 exten-
sion of the contract time, a reasonable adjustment In the contract price to
compensate the successful bidder for all costs and expenses incurred, includLng
overhead and profits, a!i a result of the additional work. (ORS 279,318(2)).
5. All work shall be done under the general supervision of the designated
representative. Subject: to the contract's requir,:- -lrrra, the desisted tepre-
sentative shall decide questions as to the quality and acceptablUtty of
-�- Contract
=aerials furnished, work perforr-ed, rate of propress of work, interpretation
of dravirgs and specifications.
6.
This agreeWent and all of the covenants h-!.eof sh-311 inure to
t`is benefit of and be binding upon the City, end the Coatr-;xtor respectx--ely
and their legal representatives. The Contractor shall not nssiV, transfer,
or h}:ot czte his or their irate-rest or cbli&.tion; h�reucder :rithoir4 thu
srrittea consent of the City.
7. Subject to the provIstons of said contract docLment:s erd 1n
corside:ation of tine faithful per-forL--r.ce of tL, ter-is en.d curiiLttons thereof
by the Contractor, the City ag ees to ;ay the contract price of
"*Four Thousand Five
($ 4,500.00 ) in the manner and at the times provided in the specifications;
subject, bovever, to aul..it of unit prices, chanrse or(!-rs, extra work orders and
Dcd_ifica tions as applicable. Partial pay=ents, in accord`cce with CIS 279,575(1.),
will be tade in the normal course of audit of the City's obligations based on
estimates prepared and cartified by the Contractor and approved by the City's
designated representative at thL close of each calendar month; subject, however,
to the retainage requirements of OPS 279.575•
8. . Contractor she- 11 diliCently perform and coruplete all of the wars
'within a total of thirty ( 30 ) calendar days after nottce to proceed
has teen issued to th? Contactor by the City, time and m,3nner of cec-fo ncP
being of the essence hereof. Liquidated damages shall be paid ac100.QQiay.
9. A ccr;plete copy of the procosal of the Contractor is ap,aa!ej
MW
¢aterials furnished, work per-for--ed, rte of proEress of work, interpretation
of d_-av4_nas ani sreciyicaticns.
(. This agree=ent and all of the covenants hereof stall laure to
the benefit of and be binding upon the City, and tho Coctraztor resrecti•,rely
anal, their legal representati-ves. The Contractor shall not assi , t,aasfer,
or by�otteG3te his or their interest or obligrt;.or.; t�rcurder ��tho�xt the
vrittea consent of the City.
7. Sub,;ect to the provisions of said contract docu:eats ard� i.n
ccrisideraticn of the faithr'ul perfor—rce of the tees and eond.iticas thereof
by the Contractor, the City agrees to -ay the contract price of
"Four Thousand Five Hundred
( 4,500.00 ) in the meaner art at the ti=s provided in the s;eciticattons;
subject, hoa;ever, to audit of unit prices, char_,-
,e order_, extra work orders and
mcdifications as applicable. Partial payments, in accordance with MS 279.575(1),
Will be rad-- in the normal course of audit of the City's obli�.tions based oa
estimates pretAred ar 7 certified. by the Contractor and. approved by th-_ City's
designated represe't`,ative e-t the cicse of each calendar month; sub t ct, however,,
to tre retairage requirements of ORS 279.575•
8. Contractor stsll dill=eatly Ferform and cccplete all of the work
'Within a total of thirty t 30 ) calendar days after notice to procewd
bass been issued to the Contractor by the City, tics ani tanr.-!r Of. cerfQr�rce
being of the essence hereof. Liquidated dam�lges shall be paid at100.0,Qlay.
9. A corrlete copy of tEe proposal of th^ Contractor is a; end?d
hereto and by this reference ¢ale a part h:reof.
10. la case suit or action is instituted to enforce the pravisioas
of this contact, the Farcies agree that the losing Fart) shall pay such sum
as the Court may adjudge reasonable as attorney's fees to be allo ed the pre-
vailing party, together with such sun as an appellate court shall adjudge reason-
able as attorney's fees in the even.. of ap-eal.
ZN WITINZSS N=OF, the City has caused this agree=ent to be
executed by its duly authorized urdersigned ,efficers, acting pursuant to reso-
lution of the City Council, duly passed at the regular meeting held on the
day of ^_ _ , 19 , and the Contractor has exocuted this agreement
on the date hereinabove first written.
QTY OF TIGAPJ)
BY. -- ---------------�
. Nayur
BY __`___
Recover
CONTRACTOR
B GRAVEL CO
By ,2�u
Al Kal0vven, General Manager
Attach A,'Ikmovlelgment(s) hereto.
s s. CO RPOI- A E ACMU'n'I.ElX'r2
County of
On this 2day of April , 1980, before Me appeared
John Kalkhoven arta Shi cry .T_ K.+lk.hr)vnn
both to me persoa`lly knol-n, who being duly sworn, did say that he, tI-- said
John Kalkhoven is tre--------------Presidaat, au-1 he,
the said Shirley J. Kalkhoven is the Secretary j
of Dale's nand & Gravel Co.
the Within, named Corporation, and that the seal affixed to said instrument is
the cirparate seal of said Corporation, acd that the said iantrumsnt vas sigaed
and sealed in behalf of Said Corporation by authority of its Board of Directors,
and John Kalkhoven a•d hi riey =lkhQi,eA
ac---iowled6 d said instrsment to be they free act.and deed of said Caryoraticn.
IN UZTV-:011 f WhJi M-CF, I have hereunto set try
haad and affixed my official seal tte day
f % and year last abave vritten.
KATHLEEN EODI
NOTARY PUoLIC — ORREGON
My Cornmis_on Expires �!�./ �
Notary Public for Oregon.
My Cc-.-nission Expires
STATE OF ORMO N )
s s. CITY AC'K7W7;[ DG:.'—%X
County of Washing on )
Oa this day of , 19 , before me appeared
aad
both to me personally kna'--a vrio, beimS duly s::orn, did say that he, t1-a said
is the r'ayor, and th. t sh_, the zaid
is the Recorder of the CITY OF TIGr'RD, a municiaal corljoration,t
anal. the sairl —_ ani _
acimawledZed the said. instrureat to be ti— free act
and deed of said municipal corporation.
IPi TESTIMONY WFEREOF, I have hereunto set my bind and affixed my official seal,
this the day and year in this my certificyte first Smitten.
Notary Public for Ore Son
My Co=E-ssiOn Lxpires
' fXN/alT 4e
PUBLIC WQ.P:,:s coy;ip ce
Bond 0 04-646-2919788
City of TiEard.
State of Oreton
rMC'•l ALL :Eff BY 1724 F4:ZSE[T9T:.at xc
> , Dales Sand & gravel Co.
- i
as Fr•inciol, and Amerian Fid�ls�y 1 TnaUZra p'Cb,
duly au:hcrized to conduct aeneral sure`
S- y busin.ss in the State of Orea 3Q- as
.Surety, are ,jointly and severally held and bound unto the City of Tigard, Oreva
hAZei.3ft�^ r311ed Obligee, in tt.e su-m Of
($4,500.00�_• 1-
rxn ey of the United States of A ',erica, for the paycent
?rinciral, and as Surety, jointly and severally bind ourselves, our successors
^.r_3 assioi s, firmly by thele presents,
ME CONMITICY OFF THIS BOND JUM OSLIGATIOU IS SACH, that
'• =- .F-158 on the 28 day of _n f f�. L la�
the Principal hernia, ente-Mad into
contract with the City of TiEard, Oregza, th- QbliEee herein, for the funis +j_ng
c: =terials, labor and equipment and other requirements for thepeZ' = of
c2ri3ia public i=;rovem_nts, being located within the City of TIE-ard, as core `
fully set forth in contact docs—ents as described in said contact, all af v'cilch
Sol?, 1tyF c-OP.E, it the Principal herein shall fait (fully and. traly
observe and cOLTly with the tet Ws of the contract and shsi-I vaij. and
:.'ori all ratters and thinEs undertaken to be perfprmed under said contract ard^
shaLl proWptly r:3'te Faymcnts to all persc_ts supplying labor or mtertal for say i
prosec::tion of the work provided for in such contract and shy?1 not Fa^i,t any
lien or claim to be, filed or prosecution agzainst t1.1-_ City ort dccouat of al;;y i bc,_ '
or r~aterial furnished and shall pro3ptly pay all. contributions or am')LInts JUe
tt:z S,,te Accident Industrial Fur:1 ani all. contributions or a:-;2-ji1ts d:;e
=ate linsm7loym+nt Co,-ensation Full incurred in the r p_rfo,s-:•cO_ of said
� 7 1 � Qi�r:�•-M
d s 'il
prcm, tly, as due, e3ke pyyl:ant to the psrson, co-1artn_rship,
ation or co,oration entitled th!reto of the monies and sues r' J-2
is _
27°•30 of t'•:e O1eE;on Re.-ised Statutes+ and . prciptlY 4over to t,! n
State Departcent of Rcv,:nue all sums requirel to be deducted urn
v;?Ees of e=;layees of the Princtpil and his sub-contr3ctvrs, pursuant 40 !`Zt'cc
:16-197, Gr-�Ec,n n^_vised Statute.;, then. this obite3tion is to be •ro+d, ct ;r+se
to re-- _n in ful-1 force and efrer_t. -
Th, t0tal enount of the Surrtf,s liability und_r this bo,3, beth tq
the ObliEee and to the persons furnishing 1-!'ar or raterials, provisions -nd '
Eossds and to any other per_oa or person3L. 3h311 in no ev._nt I.Xcced
ti •
7 •
pmvlded, h,Duavcr, tlut the con.iittuns cif this cbM:�-t%ion shall not
apply to any zoney louncd or advaccud to the PrinciLal or to any sub-con'-
or other person in the perfon:ance of any such work, whether sp,,cifically pro-
vided for in the contract or not.
This bend is executed for the puz-;cse of car-plying with Chapter 279
of Title 2c, Oregon Revised. Statutes, the provisions of :.hick are hereby facor-
porated herein end =de a part hereof. '
Said Surety, for value received, hereby stipulates and agrees ',.h-,t no
change, extersion of tire, a-teration, or addition to the terns of the ccntract
or to the work to be perfarczd thereunder or the sFectficatioas acco keying the
same sl-,all in any,.-Ise affect its obllEations on this bond, prd it does hzreby -
wive notice of any such ct^_an.SQ, extensicn of time, alteration, or addition. to
toe terms of the contract or to the work or to the specifications.
IN wI'i?rSS G-CER£OF the parties hereto have caused this bcnci to be i
executed in Portland, Oregon, this 30th day of April 1930
PRINCIPAL(S)
„DALE'S SM0 &_GRAVEL CO,
Al Kalkhoven, General Manager
Witney :
• c
American Fidelit!''Eire insurance Co.
By _�..
• Title t
_ Gc�t r�S. ey in fact
Attorney n fact
SG�al'Y
C. M-COri
County of WasililLgton
On this 28 day April_ 1980 , before me appeared
Al Kalkhoven and
both to cc personally kaour., who being duly sworn, did say tr t he, the said
Al KalkhaJel is the General Manager
of Dale's Sarxj b Gravel Co. , the 'within tamed Corporati
aed that the seal affixed to said instrument is the corporate scal of said
Corporation, and that the seal affixed to said instruizent is the corporate
seal of said Coruoration., and that the said instru�=ent vas signed and sealed.
in behalf of said Corporation by authority of its Board of Directors, aed ►
Al Kalkhaven and_ r
ec'rowledb_d said instrLmont to be the free act and deed of said Corporatioa.
IN T-rSTIM,)Pf 1.:E-:R,--,-OF, I have hereunto set of hand and affixed wy ,
official seal the day and year last stove written.
....../..f! ��uhf / ..........
KATHLE`N LUDEN
NOTARY PUBLIC — OREGON Notary public for Oregoa
MY Commission F%pues �� .���l.L?.'f........
My Cocmission Expires;
0
Certificate of Insurance
THIS CERTIFICATE IS 'SSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COvERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADD HESS --
COMPANIES AFFORDING COVERAGES
ROLLINS 3URDICK hUNTER OF OREGON, INC. COMPANY IA
200 MARKET BUILDINC PORTLAND,OREGON 97201 LETTER _ CONSOLIDATED AMERICAN
Telephone 503 224 9700 COMPANY B— l------ — — —��
formorIV Cole Clark &Cunningham LETTER
___ COMPAN, C
NAME AND ADDRESS OFINSURED — LETTER y �4
DALE'S SAND s GRAVEL,
AVEL, A DIVISION OF COMPANY D ---.____ ---
DAU INDUSTRIES. INC. LETTER
YD
S. W. PACIFIC HWY COMPANY —
SHEAW01111, ORf6QM 87140 _�-- LFIrTER
This is to certify that policies of insurance listed below hive been issued to the insured named above and are in force at this time.
COM- POLICY Limits of Liability in Thuubnds(000)
LPANY ETTER TYPE OF INSURANCE POLICY NUMBER EXPTE ON
IAEACH
OCCURRENCE AGGREGATE
GENERAL LIABILITY
BODILY INJURY $ $
rICOMPREHENSIVE FORM
=)PREMISES—OPERATIONS PROPEntY DAMAGE S S
zi EXPLOSION
AND COLLAPSE
HAZARD
IV UNDE RG ROUND HAZARD
v OPERATIONS HAZARD CAP IE2212 � 4-15-82 BODILY TY DA AND
PROPERTY DAMAGE $ S 500
CQNTRACTUAI. INSURANCE
COMBINED O
y1 BROAD FORM PROPERTY
A' DAMAGE
INDEPENDENT CONTRACTORS —
PERSONAL INJURY PERSONAL INJURY f
AUTOMOBILE (EACH PERSON) 3 "
jVCOMPRLHENSIVE FORM CAP 'Qu 12 ���-�� BODILY INJURY
A
v (EACH OCCURRENCE) f
OWNED
HIRED
PROPERTY DAMAGE $
NON-OWNED BODILY INJURY AND
PROPERTY DAMAGE S
COMBINED f
COMPREHENSIVE--LOSS OF OR DAMAGE TO THE ACTUAL CASH VALUE LESS
AUTOMOBILE, EXCEPT DY COLLISION OR UPSET
EUT INCLUDING FIRE, THEFT AND WINDSTORM S DEDUCTIBLE
COLLISION OR UPSET
ACTUAL CASH VALUE LESS
S
DEDUCTIBLE
EXCESS LIABILITY �—
BODILY INJURY AND
DUMBRFLLA FORM PROPERTY DAMAGE S f
[30THER THAN UMBRELLA COMBINED
FORM
WORKERS' COMPENSATION STATUTORY
and T_
EMPLOYERS' LIABILITY
f
PROPERTY AMOUNT DED. COINS
❑FIRE
L7 F C E
❑V&MM
IDESCRIPTIUN OF OPERATIONS/LOCATIONS/VEHICLES --- _ - --- _ALL OPERATIONS PERFeWD BY THE NAKED INSURED IN CONNECTION WITH:
INSTALLATION OF ONE SANITARY SEWER MN HOLE
Cancellation: 11,011!"111, to "twill ,�jy��►MIk
NAME AND anDnESS OF CERTIFICATE NOLDFR E 1';SUE0 - A irl1--2� -IOL-
C ITY OF TI6AAD ROLLINS BURR CK HUNTER OnQOREGON, INC-
12420 S. V. MAIN
TIGARD, OREGON 91223
- - -�• _ yUIHURIZEUREPRESFN,tygiVE
Gu 6784
ENDORSEMENT
Th.t endorsement, effective AOri 1 28 1980 for-rns a part of pol cy No.
(1 -.01 A M.,stand rd timel
:sued IC Dale's Sand b Gravel , Co. , A Division of Dale Industries, Inc.
by Consolidated American Insurance Co.
It is agreed that the policy may not be cancelled by the
Conaany or red .ced in coverage by the Comnany until
Thirty ( 30) days after written notice of
such cancellation or reduction in coverage has been
given in accordance with the conditions of the policy
tc .
City of Tigard
12420 S. W. Main
Tigard, Oregon 97223
,4,I1 other terms and condit,am of this policy remain unchanged
.................•!. .�f .r. !.:....`z..lr„`:`.l L'Y`!7,^........................
/J Aut�on:ea Reoresentat,t�.
far►
ENDORSEMENT
Attached to and forming part of Policy No. CAP 182212
Issued to Dale's Sand b Gravel , Co. , A Division or Dale Industries, Inc.
Endorsement effective April 28, 10,80
It is understood and agreed that City of Tigard
12420 S. W. Main
______Tigard,Oregon 97223
are additional Insureds under this Policy but only in regard is
claims arising out of or in connection with work being performed by
Dale's Sand & Gravel , Co.
under contract for Installation of One Sanitary Sever Man Hole
However, it is specifically agreed that in regard to additional Insured (s)
above, this Policy does not cover any liability arising out of professional
services, including the preparation or approval of maps, plans, opinions,
reports, surveys, designs, specifications, and supervisory inspections or
engineering services.
It is further understood and agreed that the foregoin+y shall riot act to
increase the Company's limit of liability under this Policy.
Prior to the canr:elIation of this Policy TF►Irty (30) Uays
written notice will be given by; Rathbone. Kinq � Seeley
on behalf of the Company to City of Ti!3crd
DATED: April 28, 1980
s.,
r•
ti
fa
a..
April :25, 1980
Dale's Sand & Gravel Co.
U600 Sur pacific Highway
Sherwood, OR 97140
Attn: Mr. Al Kalkhnven
Ret Commercial Street Tianhole
Dear Itr. kalkhovent
On April 14, 1980, the City Council awarded the (bid) wore to yo„r firm.
Subsequently, prier to our beinfr able to return the unsuccessful bidders bi(l-
bonds, a contract must he executed !with your fine) to assure future rer.foninrr_(�
of the cork.
Therefore, enclosed herewith is relevant 110cume,ntation needinv your Attention.
upon completion, please return mame for Council acknowlteftwnt.
Yours truly, '
John S. Hapman
Supt. FnRr. Division
JSHtpjp
.ncl(s)
a
April 7, 1980
Regarding: Reconditioning of Existing Sewers
r
i
Bids were duly ok.,ned at 3:00 P.M. April 4, 1980 in the office of the City
Administrator, Tigard City Hall, Tigard, Oregon irn the presence of the
Director of. Public Works and Superintendent of the Shops.
The following bids were received:
Bidder Bid
Dale's Sand & Gravel Co. $ 4,500.00
18600 SW Pacific Highway
Sherwood, OR 97140
Salem Sand & Gravel Company 7,520.00
P.O. Box 1008
Salem, OR 97308
Tobey's Excavators 8,650.00
33003 SW T.V. Highway
Hillsboro, OR 97123
All. bids were accompanied by bid bonds.
Engineer's estimate $ 3,500.00
Staff will recommend award to the low bidder, Dale's Sand & Gravel at the
regular Council meeting Monday, April 14, 1980.
Thank you for the time and effort involved in submitting a bid.
Frank Currie, Director of Public_ Works
EX-HIBI T "A"
RgCOC�DITIOtiIPiG 0=' EXISTIN. SE�nrERS ,
PROPOS
TO F L-?_:ISF .'+:L.L L�,r iQOI.S, E'?UI�?',1EZ i, A;1D S'-WIiCES) REQ)UIa
FOR THE COP�3T4;1CTIOPr Or S6kTR I!�PROVE a-N FOR TETE CYTZ OF
TIG�+p O, QRSGO�T, AS THE CC�i�LETE SC 1EDUL,r Or YRSCE; WILL INDICATE.
A-LL IPJ ACCORDANCE WITH THE SPECI?ICATIONS T:: _EREC'RErJE CH k 0,1
FILE AT TEie. OFFICE OF THE CITU RECORDER, TIG;.-RD, OREGON.
Nmme of Bidder
Address
ICI:u110 S.1`i.
To the
Honorable Mayor and City Council.
Tigard, Oregon
Gentlemen.:
This n-ocosal is subr,it-ed as an o:rer by the undersigned to enter
into contract with the City of Tigard, Qregcn, here inaf ter, sGT:?etime3
referred to as the C%gner, for the furnishing or all r.-aterials, labor,
tools, equig^ent, and services required for the reconditioning of
existing sewers for the City of Tigard as shown by the specifi-
cations which are on file at the office of the City Recorder,
Tigard, Oregon, and which are a condition hereof with the sane
force and effect as though they were attached hereto. This offer
is conditioned on the following declarations as to the acts, intentions,
and understandings of the undersigned and the agresm, :nt of the City
of Tigard to the terms and prices herein submitted.
1. All of the specifications which are listed therein have been
exanin=_d by the undersigned and th?ir terms and conditions are
hereby accepted.
2. The quantities stated in conn_etion with the price schedule for
the contract submitted here,dith are approximate only and gayr.ent
small be made on the unit prices name f for the actual quantities
incorporated in the corpleted work. . Only those items for wi,ich
estimated quantities arc given nay be increased or decreased at
the unit pcicen nar, ed. If there shall be an increase in the total
payment for an it.e:-i covered by a lu^,p sun price, it shall be
ecnpute3 on a basis of Extra ;lark for which an increase it!
will he a been earned, and if there be a decrease in
pave Jn` for any such iters it shall be made only as the rcZU1Z_
negotiation betw,2en the undersigned and the 0--incr.
' The undersign.-d shall furnish the bonds required by the speC,_
z=ations, and c, ply with all laws of the ate of Oregv¢ which
are pertinent to construction contracts of Lais character even
though such laws may not have been quoted or referred to in the
specifications.
4. The undersigned submits the unit prices set forth herei:1 as
those at which he (or they) will perform the work involved. The
extensions in the column headed "Total Bid Cost" are made for the
sole murzaze of facilitating ccMn risort of bids and i.f ti --e are
any discrepancies between the unit pries and the total mounts
shown, the unit prices shall govern.
5. All schedule items for which fortr,s are provided herein shall
be completed in full by the showing of a unit or lur,.p sum price
for each item thereof.
6. Schedule of Prices
,,iUnit Total. Bid
Descrinton Quantity Price
— Cost
48" Standard Concrete Manhole l(in place) $td! -9-S o 0 E4
7. In nx-ning the above prices it is understood that they include
all items of material and work required to camalete the cantraot
in accordance with specifications. if any material, item, or service
required by the plans and specie ications has not been Mentioned
specifically among the various ite.;�s of the above "schedule oL
Prices" the sane shall be furnished and place6 with-, the uti'-erstanding
that the full cost to the Cerner has beer, merged with the several
prices named in the "Schedule of prices".
S. Vie undeisigned agrees that the "Tir,.e of Co`.tpletion" s'aall. be
as definded in the specifications and further, the undersigned z�.ee5
to complete the work required within 30 -calendar days z_te; notice to
proceed has' been issued to the Contractor by cie City.
9• The undersigned bidder here::y states as part of his bid that
the provisions required by Chapter 279.350 O.R. S. shall b= included
in his contract, along with all other provisions required by
Chapter 279 O.R. S.
Signature of Bidder:
Authorized Agent ----
Dated at. l `L� � AL IGEN.
This day of u r
7 7�'
,7
AMERICAN FIDELITY FIRE INSURANCE COMPANY
E310 BOND NEW YORK BOND NUMBER: 04-646-2561131
PREMIUM: BBSU
................................. BID DATE : Api�l 4, 1980
KNOW ALL MEN BY THESE PRESENTS,That we,., Dale's Sand & Gravel Co.
.........................................................................................................
.................................................... ............................................................................. .................................................................
..........................................................................................................................................(hereinafter called the Principal),as
Principal, and AMERICAN FIDELITY FIRE INSURANCE CO., a corporation, organized and e;,,isting under the laws of the
State of New York and authorized to transact a general surety business in the Stake of
(hereinafter called he Surety),as Surety,are hold and firmly bound unto, City
.........................
.................................... ................................................I......................I...................................................................I...................
(hereinafter called the Obligee) in the penal sum of,.....,,._.. t.elll....................percent(....,,,,.,.10. ... !7';) not to C-Vcpnel
Total bid price of Ten Thousand aced no/l00------------
..... Dollars . .................
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, adimaistrators, successors
and assigns,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit
a proposal to the Obligee on a --ontract for......gity...of...Tip,,aTd—RerWtdltioning existing sewers
............I................................ ....... ..................I..............
.......... ...... ........*1....................................................
....................................... ...I............................................ ..........................................................................................................
4 NOW, THEREFORP4 If the acid contract be awarded to the Principal and the Principal shall, within such time as may
be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor-
mance of thif %&:ld contract-,or if the Principal shall fail to do so,pay to the Obligee the damages which the obligee may pUffpr
by reason of such fallure not exceeding the penalty of this bond, then this obligation shall be void;otherwise remain in full
force and effect.
SIGNED,SEALED AND DATED this day of......Mar.r
............... ........................day ......... ...................... 1 19....�.Q...........
Dale's Sand & (;ravel
.....................................
y ............
...... ............
LA......................
--e-t7l
AM E R NCE COMPANY
By:
Dennfla— Ji . ert ATTORNEY IN-FACT
d7-1,T
X4 (10).
c.
f,74
1.3 J,Z 7S7— 5 G,a o 5 3 )
—0 1 I roc) 521 r
C)cavjor ,33oc, ,�, $ CJ —TJ
Lo 6
e,> ,i�
` / I ao
I v(0o a s w IPa� PW\-/ 34— 7535- 6 _ S 3
..� 5� no�. , U K q� iso
4 �
d
i
t
UNIFORIM BID PACKET
FOR
PUBLIC WORKS CONSTRUCTION
PROJECT TITLE:
RF':ONDITIONING OF EXIS'T'ING SEWERS
FORTHE CITY OF T1222D, ORE JON
19��
CITY OF TIGAR D
12420 S.W. Main Street
Tigard, Oregon 97223
UNIFORIM BID PACKET
FOR
PUBLIC WORKS CONSTRUCTIOt4
TABLE OF CONTENTS - BID PACK 'I'
Notice to Prospective Bidders . . . . . . . . . . . . . . . Insert
Proposal . . . . . . . Exhibit "A"
Public Works Contract Agreement (Form) . . . . . . . . . . Exhibit "B"
Public Works Contract Bond (Form) . . . . . . . . . . . . . Exhibit "C"
Certificate of Insurance (Form) . . . . . . . . . . . . . . Exhibit "D"
Specifications . . . . . . . . . . . . . . . . . . . . . . Insert
Special Conditions . . . . . . . . . . . . . . . . . . Insert
A. P.W. A. Standard Specifications (Book, optional ) Reference "A"
i
R;C'�`lUI'�IQi7i�1 OF EX_IS i'T"_1': SEWERS
"'TICE TO PR0�So"1'-rIVE' 9IDDERS
writt-in seal-2d bids will b,2 received at the office oP the
City Recorder, City of Tigard, 12 420 S. W. Main Street, Tigard,
Ore-401 97223 until 3:00 o' clock P. m. , Pacific Daylight Time,
April 4 980 _ for furnishing all services, ecuipmer.t and
ma to ri<als to install one (1) standard concrete sanitarL sewer manh,,le on an
_C tiIM inch approx. foo deep, concrete sanitary sewer
for the City of Tigard, Oregon,inn
accordance with specifications which are availablt� at the office
of thi City P.ecerder, Tigard, Oregon.
All bids will be publicly opened at the tim,2 and place desig-
nated and shall thereafter be on file for public inspection.
All bidders must pre-qualify in accordance with 279. 008 to
279.018 Oregon Ravis,sd Statutes.
Forms and specifications may be examin-„1 �.•t the office of the
City Recorder, Tigard, Oregon and copies thereof may be obtained
by a deposit of .76. '7l for each set.
The successful bidder will b�2 required to execute a formal
contract in form containing teras and conditions approved by
the City' s attorneys, and all bids must be accompanied by a
surety bond, cashier' s chick or certifid check of the bidder
in th,� ar.ount of 101,1; of th 2 bid as bid security.
Award of contract and retention of bid security shall b? gov?rned
by 279. 075 and 279.080 ORS except that performance bond as approved
by th• City' s attorneys in a sura equal to the contract price shall
be rer .,ired.
The City reserv•is the right to accept or reject any and or all bids.
BY ORD,R OF THE CITY COUNCIL
DORIS WaTI J - City Recorder
s
EXHIBIT "A"
RECONDITIOtiING OF EXISTING 'SEWERS
PROPOS L
TO FU7NISH ALL LABOR, TOOLS, EQUIP:,1E1iT, AND SERVICES REQUIRED
FOR THE CONSTRGCTION OF SEWER IMPROVEMENT FOR THE CITY OF
TIGARD, OREGON, AS THE COMPLLTE SCHEDULE: OF PRICES WILL INDICATE,
ALL IN ACCORDANCE WITH THE SPECI^ICATIONS THEREFORE WHICH ARE ON
FILE AT THE OFFICE OF THE CITY RECORDL:R, TIGARD, OREGON.
Name of Bidder
Address _
To the
Honorable Mayor and City Council
Tigard, Oregon
Gentlemen:
This proposal is submitted as an offer by the undersigned to enter
into contract with the City of Tigard, Oregon, hereinafter, sometimes
referzed to as the Owner, for the furnishing of all materials, labor,
tools, equipment, and se,vices required for the reconditioning of
existing -,-vers for the City of Tigard as sho,.,,n by the specifi-
cations which are on file at the office of the City Recorder,
Tigard, Oregon, and which are a condition hereof with the same
force ana effect as though they were attached hereto. This o`.fer
is conditioned on the following declarations as to the acts, intentions,
and understandings of the undersigned and the agreement of the City
of Tigard to the terms and prices herein submitted.
1. All of the specifications which are listed therein have been
examined by the undersigned and their t.erms and conditions are
hereby accepted.
2 . The quantities stated in connection with the price schedule for
the contract submitted herewith are approximate only and payment
shall be made on the unit Fri=es named for the actual quantities
incorporated in the completed work. Only those items fcr which
estimated quantities are given may be increased or decreased at
the unit prices named. If there shall be an increase in the total
payment for an item covered by a lump sum PL : ce, it shall be
compute3 on a basis of Extra work for which an increase in payment-
will have been earned, and if there be a decrease in a lump sum.
payment for any such item it shall, be made only as the result of
negotiation between the undersigned and the Owner.
(1)
i
3. The undersign shall furnish the bonds , .uired by the speci-
fications, and comply with all laws of the SL-.,:e of Oregon which
are pertinent to construction contracts of this character even
though such laws may not have been quoted or referred to in the
specifications.
4. The undersigned submits the unit prices set forth herein as
those at which he (or they) will p:2rform the work involved. The
extensions in the column headad "Total Bid Cost" are made for the
sole purpose of facilitating comparison of bids and if there are
any discrepancies between the unit prices and the total amounts
shown, the unit prices shall govern.
5. All schedule iterns for which forirs are provided herein shall
be completed in full by the showing of a unit or lump sum price
for each item thereof.
6. Schedule of Prices ;
Unit Tota]. Bid
Description Quantity Price Cost
48" Standard Concrete Manhole 1(in place) $ $
7. In naming the above prices it is understood that they include
all items of material and work required to complete the contract
in accordance with specifications. If any material, item, or service
required by the plan: and specifications has not been m.entionQd
sloccifically arr.ong the various items of the above "Schedule of
Prices" the sane shall be furnished and placed with the understanding
that the full cost to the O•.gner has been merged with the several
prices named in the "Schedule of Prices".
8. The undersigned agrees that the "Time of Completion" shall be
as definded in the specifications and further, the undersigned agrees
to Complete the work reouired within 30 calendar days after notice to
proceed has been issued to the Contractor by—Ftiie City.
9. rhe undersigned bidder hereby states as part of his bid that
the provisions required by Chapter 279.350 O.R. S. shall be included
in his contract, along with all othor provisions required by
Chapter 279 O. R. S.
Signature 0:f Bidder:
By _
Authorizers Agent
Dated at
This _, day of 19
(2)
ExN/GST �
THISG?Zi ;^�fi', T:sda this day o7,' , 19 , between
hereinafter
termed "Contractor", and the CITY Or TIG.''-_RD, a municipality of th_ State of
OreSon, hereinafter termed the "City",
WITNESSETH. :
WHLRESS, pursuant to invitation for bids publicized by the City, the
Contractor submitted to the City a proposal on , 19 ; and
WIEREA.S, the City has determined that said proposal of the Contra :tor
is the lowest and best bid received, and as such was duly accepted by resolution
of the City Council of the City, at it; meeting on the day of ,
1�? ;
NOW, THi:.FiF.rORE, in consideration of the offer of the Contractor an-3 the
acceptance by the City, and the promises and agreements herein contained on the
part of each of the parties to be performed,
IT IS 111EED between the Contractor and the City as follows:
1. That the Contractor is hereby bound to comply with all requireeants
of this agreement, the contractor's proposal, the detailed specifications and
rcquir:m,�nts, the drawings, and the general conditions and modifications in
conditions as set forth in the dor_ur„-�!nts prepared by _ the City of Tigard, Oregon,
and the perforrance bond, all of which are collectively referred to herein as
"Contract Documents" pertaining to the installation of one sanitary sewer
manhole , in the City of Tigard, Oregon, and by this reference mace
a Fart hereof to the sane legal force and effect as if set forth herein in full.
2. The Contractor agrees to furnish a U necessary materials, labor
and equipment neceozary to coc-plete in a workmanlike manner all of the Work
required for the construction of the project in strict compliance with the
contract documents hereinabove mentioned.
3. All addenda, change orders, or modifications to this agreement,
including the contract dOCUMentS, shall be made in writing and approved by the
City and City's attorney before being of any binding furce or effect.
4. That in addition to the requirema nts of the contract documents
hereinabove referred to, the Contractor is hereby bound to comply with each and
all of the Hollowing conditions of this contract pursuant to the requirements
of Oregon Revised Statutes for public contracts;
(a) The Contractor shall make payment promptly as due to all
persons supplying to such contractor labor or material for the prosecution of
work provided for in the contract documents, and shall pay all cont ritnctions or
amounts due the State Industrial Accident Fund from such contractor or sub-
contra-:tor incurred in the performance of the contract. (ORS 279.312(1) (2)).
(b) The Contractor shall not permit any lien or claim to be
filed, or prosecuted against the City on account of any labor or material furnished.
(ORS 279.3120))•
(c) The Contractor shall pay to the D.-partment of Revenue all
suis withheld from employees pursuant to OR3 316.197 and 316.167. (ORS 279.312(4)).
(d) If the Contractor fails, neglects or refu:,es to mike profit
2 - Contract
pay^:Jent for any labor or materials furnished to the Contractor, or sub-contractor
by any person in connection with this contract, as such claims become due, a
proper officer or officers representing the City may pay such claim to the person
furnishing the labor or services and charge the amount of payment against funds
due or to become due the Contractor by reason of this Contract. The payment
of a claim authorized in this provision shaU not relieve the Contractor or
his surety from his or its obligation with respect to any unpaid claims.
(oR3 279.314).
(e) The Contractor agrees that no person shall be employed for
more than eight (8) hours in any one day, or forty (40) hours in any one week,
except in cases of necessity, emergency, or where the public policy absolutely
requires it, and in such cases the laborer shall be paid at least time and a
half for all overtime in. ex%ess of eight (8) hours a day and for work performed
on Saturday and on any legal holiday specified in ORS 187.010, except Veterans
Day. However, when specifically agreed to under a written labor ffanagemj:!nt
negotiated labor agreement, a laborer may be paid at least time and a half ray
for work performed on Veterans Day or on any legal holiday specified in
OPS 187.020. (ORS 279.316).
(f) Contractor shall promptly, as due, make payment to any
person, co-partnership, association, or corporation furnishing medical, sur-
gical and hospital care or other needed care and attention, incident to sick-
ness or injury to the employees of such Contractor, of all sums which the
Contractor agrees to pay for s' ::h ser-rices and all monies and sums which the
3 - Contract
i
i
Contractor collected or deducted from the wages of his employees pursuant to
a,i law, contract or agreement, for the purpose of providing or paying for
Y ,
such service. (ORS 279.320)•
(g) The hourly wage rate to be paid by any Contractor or sub-
contractor to workmen under this Contract shall not be less than the prevailing
rate of wage for an hour's work in the same trade or occupation in the locality
where such labor is performed. When a contractor or subcontractor is a party
to a state-wide agreement in effect with any labor organization, the rate of
wages as established in the agroament shall be considered to be the prevailing
rate in the locality. (ORS 279-350)-
(h) The Contractor agrees that the workmen in each trade or
occur,ation reTAr-!d for the work to be done pur;:uant to tLe Contract, employed
in the perfortr::nce 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 si:all be paid not less than the minimum hourly rate of wage
specified by the Commissioner of t.ie Bureau of labor. (ORS 279.352)•
(i) Before final payment is made on the contract, the Contractor
or his surety and every subcontractor or his surety shall file with the City
a statement in writing in the form perscribed by the State labor Commissioner
certifying that the hourly rate of wage paid each classification of workmen
employed by him on the contract and further certifying that no workman emplo;�?d
by him on such contract his been paid lens than tle prevailing rate of wage or
less than the minorum hourly rate of wage specified in the contract, ubl' h
4 - Contract
i
t
certificate and statement shalt be verified by the oath of the Contractor or
his suretv or subcontractor or his surety that he has read such statement and
certificate and knows the contents thereof and that the same is true to his
knowledge. (ORS 279.354) .
(j) The City may elect to cancel this contract for any wilful
failure or refusal on the part of the Contractor to faithfully perform his
contract according to its terms. (ORS 279.318(l) ) .
(k) All applicable provi3ions 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. At the time of execution of this contract the City knows that
the following agencies have enacted ordinances or regulation; affecting work under
this contract: Federal Gorern.^cent (EPA) - State of Oregon (DEQ) - Wash_noton
Count. - City of Tigard
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 exten-
sion of the contract time, a reasonable adjustment in the contract price to
compensate the successful bidder for all costs and expenses incurred, including
overhead and profits, as a result of the additional work. (ORS 279.318(2)).
5. All work shall be done under the general supervision of the designated
representative. Subject to the contract' s requirements, the designated repre-
sentative shall decide questions as to the quality and acceptabliLity of
-5- Contract
materials furnish?d, work performwed, rate of progress of work, interpretation
of drawings and specifications.
6. This agreement and all of the cover.-ants hereof shall inure to
the benefit of and be bindinG upon the City, and the Contractor respectively
and their legal representatives. The Contractor shall not assiFm, transfer,
or hypothecate his or their interest or obliEpticns hereunder without the
written consent of the City.
7. Subject to the provisions of said contract documents and in
consideration of the faitblul performance of the terms and conditions thereof
by the Contractor, the City agrees to Fay the contract price of
(� ) in the manner and at the times provided in the specifications;
subject, however, to audit of unit prices, ehangP orders, extra work orders and
modifications as applicable. Partial payments, in accordance with ORS 279.575(1),
will be made in the normal course of audit of the City's obligations based on
estimates prepared and certified by the Contractor and approved by the City's
designated representative at the clove of each calendar month; subject, however,
to the retainage re quiremc nts of ORS 279.575•
8. Contractor shall diliC-:!ntly perform and coeTplete all of the work
within a total of thirty ( 30 ) calendar day3 after notice to proceed
has been issued to the Contractor by the City, time and manner of performance
being of the essence hereof. Liquidated damages shall be paid at100.0,Qtay.
9. A complete copy of the proposal of the Contractor is appended
6 - Contract
hereto and by this reference made a part hereof.
10. In case suit or action is instituted to e.,force the provisions
of this contract, the parties agree that the losing party shall pay such sum
as the Court may adjudge reas:)nable as attorney's fees to he allowed the pre-
vailing party, together with such sum as an appellate court shall adjudge reason-
able as attorney's fees in the event of appeal. I
I
IN WITNESS WII;;REOF, the Ct;,y has caused this agreement to be
i
i
executed by its duly authorized undersigned off icer3, acting pursuant to reso-
lution of the City Council, duly passed at the regular meeting held on the
day of , 19 , and the Contractor has executed this agreement
on the date hereinabove first written.
CITY OF TIGARD
By
Mayor
By
Recorder
CONTMCTOR
By
By
Attach Acknowledgment(s) hereto.
7 - Contract
STATe OF ORE'WN )
s s. CORPOR. TE Amorm'L x s:ti'r
County of
On this day of , 19 , before me appeared
and `
beth to me personally known, who being duly sworn, did say that he, the said
is the Pres1lent, and he,
the said is the Secretary
of
the within named Corporation, and that the seal affixed to said instrument is
the corporate seal of said Corporation, and that the said instrument was ;signed
and scaled in behalf of said Corporation by authority of its Board. of Directors,
and and
ac?,nowl.edged said instrument to be the free act and deed of said Corporatlon.
IN TESTIMOUY W=ECF, I have hereunto set my
hand ani affixed my official seal the day
a.:d year last above written.
Notary Public for Or^_gon.
My Cort nission Expires
STATE OP OREGON )
s s. L"TDI VZDUAL
County of Washington )
' 19--
PersonsLly appeared before me, the above named _ _
and acknowledged the foregoing instrument to
be voluntary act and deed.
Notary Public for Oregon.
My Commission Expires
STATE OF ORLON )
s s. CITY AC0O�AXDGt•Er,T
County of Washington )
On this day of 19 , before me appeared
and
both to me personally known who, being duly sworn, did say that he, the said
is the Mayor, and that she, the said
is the Recorder of the CITY OF TIGA.RD, a municipal corporation,
and the said and
acknowledged the said instrument to be tha free act
and deed of said municipal corporation.
IN TESTI1401Y Whr.REOF, I gave hereunto set my hand and affixed my official seal,
this the day and year in. this my certificate first written.
Notary Public for Oregon
My Commission Expires
EXH/G1T e
City of Tigard
State of Oreton
KITOW ALL bEN BY 'I'rTSE PRESSEN-23,, That we,
�, as Principal, and
duly authorized to <-,,nduct a general surety business in the State of Oregon, as
Surety, are ,jointl-y :and severally held and bound unto the City of Tigard, Oregon,
hereinafter called Obligee, in the sum of _-
_._ Dollars ($
la:.;ul money of thn Ur_it:!d States of Amerir-,a, for the payment of which we, as
Principal, and as Surety, ,jointly and severally bind ourselves, our successors
and assi„ns, firmly by thece presents,
TIE CONTITION Or THIS BOND MID OBLIGATIOU IS SUCH, that
WhT,RE.'_S, on the day of Y�,, 19_�-•
the Principal herein, entered into
__>ntract witu the City of Tigard, Oreg.n, the Obligee herein, for the furni5n?ng
of materials, labor and eciu4ment and other requirements for the performance of
certain public improvements, being located within the City of T{g_ard, as more
fully set forth in contract docu=nts as described in said contract, all of which
NOW, TFEREFOP.E' if the Principal herein slLall faitzfully and truly
cbs`rve and comply With the terms of the contract and shall well and truly r,:r-
form all r-itters and things undertaken to be perforrrcd under said contract and.
shill pro,,,ptly Wake payments to all persons supplying labor or Mterial for any
prosecution of the work provided for in such contract and shall not F;z=...it any
lien or claim to be filed or prosecution against the Cit;; on accouat of any '
or rAterial furnished and shall promptly pay all contributions or -mounts ;h.;e
the S+._te Accident Industrial Fund and all contributions or 1,Lcunts d,;e the
State Unemployment Compensation Fund incurred in the performance of said
and shall proicptly, as due, rake payuent to the person, cc-p3rtn=rsh_p, r-
ation or corprration entitled thereto of the monies and sins , nti:r :d in
279.320 of. the Oregon Revised Statutes, end shall prusptly p-ly over to vL:
State D_partcent of Revonue 211 sums required to be deducted acd ret;_n,cd �m
wages of employ,!--s of the Pr tncipal and his sub-contractors, pursu-.rnt to 52;;ti,_n
'16.197,, Oregon Revised Statutes, then this obliZa tion is to be void, cti �t--�ise
to , in full force and effect.
The total amount of the Surety's liability und._r this bond, both to
th-_ Obligee and to the persons furnishing; lcbor or raterials, provisions and
go,�4s and to any other person or persons, sill in no ev-_nt ex:.eed ti,_ pcnii.ty
th?r eof.
Provided, how,2ver, tLut the con,iltions of this oblt�--:'Aon shall not
apply to any money loant--d or ad-runc A to ti:e Principal or to tiny sub-contractor
or othor person in tine perfon.ance of any such work, whether specifically Pro-
vided for in the contract or not.
This bond is executed for the purpose of complying with Chapter 279
of Title 20, Oregon Revised Statutes, the provisions of .,hich are hereby incor-
porated herein and made a pert hereof.
Said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or addition to the teras of the contract
or to the work to be performed thereunder or the specifications accoWC--nying the
same shall in anywise affect its obliSations on this bond, and it does hereby -
-waive notice of any such change, extension of time, alteration, or addition to
the terms of the contract or to the work or to the specifications.
IN ;-JT'41SS WE R.EOFIF the parties hereto have caused this 3cnd to be
executed in Portland, Oregon, this day of , 19
PRINC'IPAL,(S�
Witnesses:
By _
Title _._..-- ----_--------- ---— - ---------------
5 U RK Y
-2-
ST:', G OF ORFIGON )
ss,
County of
On this day of 1975, before me appeared
and _
beth to me personally known, who being; duly sworn, did say that he, the said �
is the_
of the within naked Corpo_ation,
and tt3t the seal affixed to said. instrument is the corporate seal of said
Corporation, and that the seal affixed to said instrwnent is the corporate
seal of said Corporation, and that the said instruwent was signed and sealed
in beiiaL" of said Corporation by authority of its Board of Directors, and
_ _and.
acknowledg_d said instrurn::nt to be the free act and deed of said Corporation.
IN TESTIMONY KEPEOF, I have hereunto set my hand and affixed my
official seal the (lay and year last above written.
II�
Notary Public for Oregon
My Ccmmission Expires:
I
1
-3-
CXHIBIT "D"
'L--vTIFICATE CF INySU A:TCE '•,;i
Y'
This is to certify to: �
THE CITY OF TIGARD, OREGON
That the following described policy or policies have been issued to:
(name and address of insured)
By the (Na:ra and ad cress of insurance compan:•)
DQscrint_on of Contract
- Ins allarion of nnP Sanirare Snwnr Manhnln
Limits of Policy Expiration
_Type of ,overage Liabilitv Number pate
1. work-, en Cnmoensation Statutory
2. E:nolov-2 r ' s Liabilitv 5
Bodily Property ]
Injury r)amage * ��
3. Comer c-nsive general
Liab: Lit• _
ti $
A. Pre: ._ s--2s & Ouerations S S
S 5
B. Btan-e` Ccncract_ual S S
Indep,- dent $ S ,{
C. 5�,: _on,ractors S S =
Products Liability and S $
D. C.ampito f 'ceras ions _ S S !
4. Ccrprehens iv .au tomobi le S S
Liability (owned, hired- S
& nnn-owned )
9. ,fit h e r - --------
Expires 11 : ,-1 standar,] tier.- at the al-rress of nar;ed insured
stated
* Indi-•-at. ^e following proport� dar,•.age 1 --ability features:
Yes Nv
L. "ur .aJ!-orm" includir-i occurr,_nce and
care , cus tod%,, and .:ontral
2. Explosion, c,)Ilapse, and underground
'Jamarae exclu,aions
The in:3urer i• :roes that it will notify in writing,
THE CITY OF TTGAU OREGON _ of any material
^t:ange, exoiral- ion er cancellation of the above described policies
not less ti-.a': W days 5n°are suct•, change, expirat i �n or cancellation
becomes effer• -Ive. It is f irther agree ' the above named uwcier,
his officer . , ace.nr.., ( including _he engineer ) and employees are
in^_lu.3ed as d ,-;ttional named insure,is but only as respects the
performance the above r'ebcribed contract. i
_4ar.•e of Insurance Company) !
[k:t e: _ t
Authorized Representative
SPECIFICATIONS
Scope: This work shall consist of reconditioning and repair of existing sewers
in the City of Tigard, Oregon, by installation of one standard concrete sanitary
sewer manhole, on an existing inch (approx. foot deep) concrete sanitary
sewer line,
in accordance with these specifications and the standard specifications of Public
Works Construction APWA Oregon Chapter and the standard specifications of Unified
Sewerage Agency, as adopted by the City for sanitary sewerage facilities construction.
Material: The materials required for construction shall conform to that which is
iterated in the above referenced star _ard specifications more specifically, such
shall be in accord with and as illustrated by the attached Exhibit "E" (standard
manhole datail) and the attached Exhibit r standard trench detail) . Patch
material shall be Class "C" (hot mix) A.C. over a compacted crushed rock fill..
Construction Practices and Procedures: The methods required for construction shall
conform to that which is iterated in the above referenced standard specifications
except that, more specifically, all pavement cuts shall be saw cut in a neat
workman-like manner. Utility service(s), and pedestrian and vehicle acce:.G, to
adjacent businesses shall be maintained at all times. Materials and equipment
shall not be stored in the street .
Inspection Reimbursement: If the contractor shall work in excess of eight hours in
any one day, or forty hours in any one week the City shall. be reimbursed for aci:ual
construction inspection costs at the rate of time and one half for all over.tim(I in
excess of eight hours per day and for work performed on Saturday and on any iegal
holiday specified in O.R.S. 187.010.
Traffic Control: The contractor shall provide all necessary traffic control devices
and flagi.en and shall be responsible to insure the general public's safety through-
out the conduct of paving operation:, ,
Liquidated Lamages: Liquidated Damages shall be assessed a': the rate of One
Hundred_Dollars ($ 100.00) per clay payable by the contractor to the City on demand
__ for each and every calendar day that completion of said work is delayed beyond
the prescribed completion date.
i
SPECIAL CONDITIONS
SUPPLEMENTARY TO SPECIFICATIONS
RECONDITIONING OF E:CISTING SEWERS
The following Special Conditions are supplemental to specifications
for THF: E'fi,ENI' OF ANY INCONSISTENCY BLTWEEN THEE a SPECIAL
CONDITIONS ALND OTHER SPEC IFICAlIO`iS, THE SP-ECIAL CONDITIONS
HEREINAFTER SET FORTH SHALL SUPERSEDE OTHER SPECIFICATIONS:
(1) Written sealed bids will be received at the office of the
City Recorder, City of Tigard, 12420 S.W. blain, Tigard, Oregon 97223,
until 3 :00 o' clock P.M. , Pacific Daylight Time, on _LL__�_1980
at which time and place all bids received will be opened and
publicly read.
All bidders shall b(: required to pre-qualify in accordance with
179.008 to 279. 018 Oregon Revised Statutes. Only bids submitted
by bidders whc have pre-qualified in accordance with the cited
statutes will be considered. The American Public works Association
Oregon Chapter. A form of Contractors' Pre-qualification Application
and Questionnaire, or equal, shall be the basis a£ pre-qualification.
Forms for pre-qualification may be obtained at the City Recorder' s
office.
(2) All bid proposals shall be in the form hereto attached,
denoted E:-chibit "A" ,id by this reference made a part hereon, or
substantially equal form.
(3 ) As require3 by 279. 070 (3) ORS, a surety bond, cashier' s
check or certified check .in an amount not less than 10% of the
bid or contract price shall b.> attached to the bid as bid security.
(4) A':✓ard of contract and return of bid security shall be
conducted in accordance with 279.075 and 279. 080 ORS, and the
succes,7ful bidder shall
(a) Promptly execute a formal contract sub-
stantially in the form, and contai:iing the terms
and conditions set forth in form approved by
14r. JoeBailey _ attorney for the City
set forth in Exhibit "B" hereto attached.
(b) Execute and deliver to the City a good
and sufficient corporate surety bond, subject to
approval of the City, in a sum equal to 100 of the
contract price, said bond to be in form sub-
stantially equal to the City of Tigard Public works
Contract Bond set forth in Exhibit "C" hereto attached.
(5) The attention of all bidders is hereby especially invited
to the requirements of the applicable provisions of Chapter 279
ORS including, but not limited to, the following:
279.036 - Mandatory preference of state products in purchase
of materials and supplies.
279.038 - Use of Oregon construction products mandatory;
limitation on extra price.
279.044 - Discretionary preference to Oregon persons,
concerns, materials and supplies.
279.312 - Conditions of public contracts concerning payment
of laborers and materialmen, contributions to
Industrial Accident Fund, liens, and withholding
taxes.
279. 314 - Condition concerning payment of claims by public
office*•s.
279.316 - Condition concerning hours of labor.
279.318 - Condition concerning forfeiture of contract.
279.320 - Condition concerning pyament for medical care and
attention to employees.
279.334 - Maximum hours of labor on public contracts.
279.336 - Time limitation on claim for overtime; posting of
circular by contractor.
279. 338 - Length of day' s labor on public works.
279.350 - Workmen on public works to be paid not less then
prevailing rate of wage.
279.352 - Provision in contractfor minimum hourly rate of
wage; determination of prevailing rate of wages.
279.354 - Certification of rate of wage by contractor or
subcontractor.
279. 510 - Faithful performance bond for public contract.
( 6) The City reser•i-?s the right to accept or reject any and or all
proposals, or parts thereof.
(2)
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