Garland/DBS Inc ~ CP18015 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUST ACCOMPANY EVERY CONTRA CT)
Contract Title: City Hall Permit Center Senior Center Roof Repair Number: CP18015
Contractor: Garland/DBS Inc. Contract Total: $36,677.00
Contract Ovemiew: Citv Hall/Permit Center-Replace parapet wall cap inspect condition of material
under existing cap repair as needed. Senior Center—clean gutter and roof install
kick-out flashing and repair siding as needed
Initial Risk Level: ❑ Extreme ❑ High N Moderate ❑ Love
Risk Reduction Steps: Ensure worker use proper PPE and OSHA required fall protection Secure work
area to ensure public safety-.
Risk Comments:
Risk Signature:
Contract Manager: Kevin Cole Ext:,---)#W Department: Central Services
Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp G neral Pvc
❑ Engineering Svc ❑ Other: Start Date: End Date:
Quotes/Bids/Proposal: FIRM AmouNT/Scom
Garland/DBS Inc. (US Communities Contractor) 36,677.00
Cooperative Agreement
Account String: Fund-Division-Account Work Order—Activity Tyge Amount
FY 17/18 650.6400.56002.41004.650.410 16 496.50
FY 17/18 650.6400.56002.41011.650.410 16.496.50
FY 17/18 650.6400.56002.41019.650.410 3,684.00
FY
Auprovals - LCRB Date:
Department Comments: Roof cap repair due to poody designed EFIS to cap interface when"WRAP"
was designed/performed causing water intrusion behind stucco wall covering
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all reqapprovals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number,D nl,<Z77
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
ROOFING REPAIRS-CITY HALL,PERMIT CENTER,AND SENIOR CENTER
THIS CONTRACT,made and entered into this 10'day of April,2018,by and between the City of Tigard,a
municipal corporation of the State of Oregon,hereinafter called"City"and Garland/DBS,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.
A. City Hall and Permit Center
1) Metal coping removal and disposal
2) Mailer and ice/water membrane inspection and repairs
3) Installation of new 24 gauge metal coping
B. Senior Center
1) Gutter inspection and repair
2) Clean roof of all debris
3) Inspect and repair of all corner flashings and drip
4) Installation of kickout flashing at corners where water runs against walls
5) Repair rotten siding in corners and replace to match existing
6) Repaint(City provides paint)to match existing
1. 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
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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
described or listed in the general conditions 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 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. The contract
documents include the documents with the following titles that are bound in the contract.
Solicitation Documents
Contractor Proposal
Master Intergovernmental Cooperative Purchasing Agreement(MICPA�
U.S. Communities and Cobb County, GA master agreement that the City is eligible to use under their
membership to U.S. Communities.
Standard Documents
General Conditions (Oregon Standard Specification for Construction,2015)
City of Tigard Public Improvement Design Standards
5. City's Representative
For purposes hereof, the City's authorized representative will be Kevin Cole, Fleet and Facilities
Operations Manager,who can be reached by telephone at(503) 718-2588 or by email at kevinc e,ti-ard-
Of.gov.
6. Contractor's Representative
For purpose hereof,the Contractor's authorized representative will be Joe Slovasky who can be reached
by telephone at(216)430-3523.
7. Contractor Identification
Contractor shall furnish to the City the Contractor's employer identification number, as designated by
the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
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8. Compensation
A. Progress Payments: City agrees to pay Contractor Thirty Six Thousand Six Hundred Seventy
Seven and No/100 Dollars ($36,677.00) for performance of those services provided hereunder,
which payment shall be based upon the following applicable terms:
The City will pay only for measured Pay Item quantities incorporated into the Work or
performed according to the terms of the Agreement. The Contractor understands and agrees
that Pay Item quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all materials,equipment,
labor,and incidentals necessary to complete the Work; and for risk,loss,damage,and expense
arising from the nature or prosecution of the Work or from the action of the elements, subject
to the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance
for the Project in the unit price for each Pay Item of Work to be performed.
When the specifications state that the unit price for a Pay Item is compensation for certain
materials or work essential or incidental to the Pay Item,the same materials or work will not be
measured or paid under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd,
Tigard, Oregon 97223, a statement of services rendered, indicating the description of each
service used in the proposal and the dollar amount of each service completed through the state
date,together with a request for payment duly verified by the Contractor's Representative and
copies of certified payroll statements.
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.
Contractor shall include proof of payment to any and all subcontractors and suppliers with each
statement submitted to the City. The City shall retain the right to withhold payments if required
proof of payment to subcontractor and suppliers is not included with a statement
As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold
25%of any progress payment amounts owed to Contractor if Contractor has failed to file certified
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 $500.00 per day and
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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.
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 parry) 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.
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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 shall obtain,prior to the execution of any performance under this Agreement,a City
of Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
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.
Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid
not less that the PX'R 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 to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
3) 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
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Contract Number
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.
A Contractor agrees that no person shall be employed for more than ten(10)hours in any one day,
or 40 hours in any one week,except in cases of necessity or emergency or when the City deems
it in the best interest of the public or policy absolutely requires it,in which event,the person so
employed for excessive hours shall receive at least time and a half pay for the following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week
when the work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when
the work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS
279C.540.
E. 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
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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
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 v,ork 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.
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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 parry already accrued prior to such termination.
B. City,by written notice of default(including breach of contract)to Contractor,may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Contractor fails to perform any of the other provisions of this Agreement,or so fails
to pursue the work as to endanger performance of this agreement in accordance with its
terms, and after receipt of written notice from City, fails to correct such failures within
ten (10) days or such other period as City may authorize.
The rights and remedies of City provided in the above clause related to defaults (including breach
of contract) by Contractor shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Contractor shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,an amount which bears
the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered
by Contractor bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages,if any,sustained
by City due to breach of contract by Contractor. Damages for breach of contract shall be those
allowed by Oregon lain, 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.
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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 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
y Department of Health and Human Services
➢ Housing and Urban Development
• Department of Solar Energy Conservation Bank
i> Interior,Department of
• Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
• Bureau of Land Management
• Bureau of Mines
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• 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
r' Water Resources Council
STATE AGENCIES
➢ Administrative Services,Department of
i> 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
Forestry,Department of
➢ Geology and Mineral Industries,Department of
Human Resources,Department of
➢ Land Conservation and Development Commission
Parks and Recreation,Department of
Y Soil and Water Conservation Commission
State Engineer
i> State Land Board
➢ Water Resources Board
LOCAL AGENCIES
> City Council
County Court
➢ County Commissioners,Board of
➢ Port Districts
Metropolitan Services Districts
➢ County Service Districts
i> Sanitary Districts
i> 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
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Contract Number
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, fixe, 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.
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 nor 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
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nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
26. Indemnification
Contractor warrants that all its work will be performed in accordance with generally accepted professional
practices and standards as well as the requirements of applicable federal, state and local laws, it being
understood that acceptance of a contractor's work by City shall not operate as a waiver or release.
Contractor agrees to indemnify and defend the City,its officers, agents and employees and hold them
harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or
expenses including attorney's fees and witness costs and(at both trial and appeal level,whether or not a
trial or appeal ever takes place)that may be asserted by any person or entity which in any way arise from,
during or in connection with the performance of the work described in this contract, except liability
arising out of the negligence of the City and its employees. If any aspect of this indemnity shall be found
to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity
of the remainder of this indemnification.
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 risks arising directly or indirectly out of
Contractor's activities or work hereunder,including the operations of its subcontractors of any tier. Such
insurance shall include provisions that such insurance is primary insurance with respect to the interests
of City and that any other insurance maintained by City is excess and not contributory insurance with the
insurance required hereunder.
The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (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 $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
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.
12 I i':.tgc
Contract Number
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.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies having
an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject
all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for commercial
general liability or automobile liability insurance the Contractor must provide evidence of such
self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the
coverage amounts on a form acceptable to the City. The City reserves the right in its sole
discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Contractor shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
13 1 P agc:
Contract Number
H. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
I. Primary Coverage Clarification
The Parties agree that Contractor's coverage shall be primary to the extent permitted by law. The
Parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
I Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded
to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the City,a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forvarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring of
such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding
said insurance, Contractor shall be obligated for the total amount of any damage,injury, or loss caused
by negligence or neglect connected with this contract
28. Method and Place of Giving Notice,Submitting Bills and Malting Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery or by mail.
Notices,bills and payments sent by mail should be addressed as follows:
CTTY OF TIGARD GARLAND/DBS,INc.
Attn: Kevin Cole,Fleet and Facilities Operations Mgr Attn: Jo « , ()p
Address: 13125 SW Hall Boulevard Address: 3800 East 91"Street
Tigard, Oregon 97223 Cleveland,Ohio 44105
Phone: (503) 718-2588 Phone: (800)762-8225
Email: kevinc a. ' d-or. v Email: 's land.com
O Sod a 5g4elq,4i IJ •Com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances,notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices,Ptlmlcl'pWents
are to be given by giving written notice pursuant to this paragraph. ,•••`P��.FAN D../),
C� ,.�6RP
:SC)
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,�''sh tees%*�,
Contract Number
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.
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.
I
33. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement between
the Parties and as a complete and exclusive statement of the terms. 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° d►11111.,,
for the specific purpose given. There are no understandings, agreements, or representations�!8 NDip�
written,not specified herein regarding this Agreement. Contractor, by the signature of its &";1% RPC)'-...
representative,hereby acknowledges that he/she has read this Agreement,understands it anti ag cYtp" m
be bound by its terms and conditions. r
r
i
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized ut'Ved .
officer and Architect has executed this Agreement on the date hereinabove first written. ,'•I, VA..... •••.°°�.•`�
re��1111111��°
CITY 29
IG GARLAND DBS,INC
y: 7ity Manager By: Authorized Contractor Representativ
K A. I�
AWKA. MAc
Date Date
Contract Number
AI rACEiMENTA.
PERFORMAwE BONA
Cr.t y of TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
ROOMG REPAIRS—CI"ry HALL,PERMIT CENTER.ANTI SENIOR CENTER-
Bond Numbcr: 30030236 Executed In Duplicate
Project Nam+_Roofing Repairs-City Hall,Permit Center.and Senior Center
Western Surety Company (Sitrc.ty#]1 bond Amourt No. 1: 36,677.00
NIAStlrett'4211:1- Bond Anlou.nt No.2:* ;� N/A
�
ljar;:;�iuri';pl, srnrl�ee Tci1a1 Penal Sum or Rland: 36,677.00
\Ve, Garland/DBS, Inc. a.-,Princip.J,and the above identified Surrty(cs),
authorized to transact surety business in Oregon, as Surety, hereby jointly and st;veralli; bind ourselves, our
respcctivc llelra,executors,administrators, successors,and assigns fitmlyi by these presents to pay unto the City
of 'Tigard, it municipality of tic State: of Oregon, the sum of (total Penal Sum of
Bond) Thirty Six Thousand Six Hundred Seventy Seven and Zero Cent----------------------------- (Pro-Med, that u e
tlh,� Sureties bind ourselves in such sum "jointly and severally m well as `.`severally" only for the purpose of
allowing a joint acd 1n i tr actions agAinst any or all of us,and for all other purposed each Sl lrt:ty bink itself,jointly
and se,,;crally vrirh :llc Principal, for the payment of such staph nilly as 16 sot forth opposite the name of such
5ufa ),and
WHERE AS, the Principal has zntci ci Into a r-Intract with the City of'I1�;ard, the glans, specifications,terms,
and conditilins of which are tonomed in the above-ref:rclicc.d project solicitation;
WHEREAS,the ternis and conditions of the contract, trig flier with applicable plans, stan(laid specificat=ions,
special provisiuns,schedule ofperfornhance,and schedule of contract prices,are lnadi,a part of tiis Performance
Bond by tiefer mcc,whether or not:attachc 1.to tic coiAlact(a.11 licicifter called"Gintracf);and
i
I
irt/HERtAS, the Principal has ag eed to pc;i-foinl the Conuact in accordance with the tc'rins, conditions, j
rcquits'ilb:rite, planti, and %',1A'i'i.iit:FltlUn�, ::ti Al alltllC)1:l i:tl i1.1t7i11fi1C.d17:1n tl[ t{i. L,r:niC;3Cl �,'bICl'• .nCt't:its: L7f.'
amount o the worL, the' atnount of the Conti-Alta, or con$utule all autllofh7.Ct1 vxtc'i'1Slon A till: tilil, for
i
ltfa'forill.u1cc,ilodcc(.1 ally such l mi3dilic lions hercl.hl'bvinil,'\?"give l by thin Suicfy.
ItiOW, '(':.TRI";liC+il?�,.,'I'FI1:. C'C. NDITY)N ()I T11N BOND 1; .°11CI I flim if dic: Piincipnit lvrc in shall
PA1lltal[lyandtrullc1{+:'•.'r\'t itlCl:• mipi.v-,vlthtllC'1�:LYl;ti,Ci1n.C'lliiill'1S,:LYltlhl`L+�h•111!l;i?I 111 (alntl'!('i.;1t1 .III .: liL'c.Cli,
and shall Ni7c°li An l ti`I.II` alitl 1,1111-clt 1 And pCifurnl all plane=rs and ill igs undt rtxlccil Ii4•1..n lttActnl to k
lal dvi dic contrkict, iii-i'm Lilt.` it'-rills Sct tt1rt11 "ald 'Withlli iii; t1r,1C j:°itst',ribi'tl therUin, til a, c''_-.'.tciidcd as '.
Ill,Aldt'11 111 0 i-011U`i' .. t('llll (31 It+l11101if,11UM-C W ilii �'ilrc"iics,:tild Sll91i.k(It'Pltllii;4vid :•Cl1"! hailliloss til(•. t..fty
t1f'I"1;=ard,its of tlt;el'S, i14rC1hls, and Calllil(?yCCti a;,,aitlst alhv C{1t"p'i't of il;tliri rt(Iallia!,rS or claimof r.l; t' l nrl and
dl'tiCtil)titVII that shall Iit!,,i_:ffc:icil fir C"IA11ilCd t(7 Ile sUlti.t'c+_i ill conj 1,"titan with Or artSing,nilt o1 flic pert'o:1imancv
Cif the Crvi11?lrt l,y the Princip;il or its silbn intt'actors,and shall it' Al it'sl't•"cts p,Tform said contract according,t(1
lair, Hien this obli; ttion is to be ti Old;nihervi]se,it shall rci-rain in full force and effect.
1Nfonpav,aivnt t1f the-Ixiilc{prcruiunl'vill not.inralidiite this bond not;hall lite City iii Tigard be abligatcd for the
pas nl(°nt of an; premiums.
16 P .{ t
i
Cor.tract Number
'This bond is.gjven and received undcr die authority of ORS Chapter 2,19C and Tigard Public Cotitracting Rules,
the provisions of which arc incorporated into this bcnld and made.a part herctaf.
I1!+l WITNESS WIIEREOF, -TE HAVE CAUSI0 THIS INSTRITIMUNT TC-) BE 1�•,-F CLITED AND
S1',AI F'D BY OUR DUIY AUTHORIZED LEG G AT,It1±PR1%Sr.N'I'1vIIVEIs.
Dated this_ 13th rl -v of Ari 2018
��,P . •o . •/7iINCIpALt Garland/D S, Inc.
C7 •
CV
. FAnk A. Percaciante, Controller
��'•. .,DELANO Printed N:trnc&Titic
Attest:
SURF.,TY=Western Surety Company
(:•add si•niew-es tGr each.rwv.-�l f nsig)wlk�le Gondr)
BY.ATTC3KNIEY-IN,FACT:
(Poj)rr-of::°1ti`prve:ry�vr.�t,s�eor�ha�rle�rc! ;n�r� l�ond�
Cathy L Woodruff
N.
81•x; u-�.
200 Public Square,Suite 3760
Addie s
Cleveland-__—, OH! 44114
Cit,,, Stat( Zip
216-937-1700 216-937-1765
V 11',r ;.
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WF+STERN SURETY COMPANY,a South Dakota corporation, is a duly organized and
existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtu(. of th;.
signature and seal herein affixed hereby make,constitute and appoint
Cathy L.Woodruff , Individually
of Cleveland,OH its trus and lav;ful Attorney(s)-in-Fact with full power and authorky hereby conferred
to sign,seal and execute for and on its behalf bonds,undertakingb and other obligatory instrum:nts-of similcr nature
-In Unlimited Amounts—
Surely Bond Number: 30030236
Principal: Garland/DBS,Inc.
Obligee: City of Tigard
and to bind it thereby as full,and to the sane extent as if such instruments were signed by a duly authorized officer of thz corporation and
all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is mn.de and executed purwant to and by authority of the By-Law printed on the reverie b:,reof,duly adopted,
as indicated,by the bhamholdcrs of the corporation.
In Witness Whereof, WESTF,RN SURETY COMPANY has caused these presents to be signet by its Vies.; Prti;sidant and its
corporate seal to be hereto afflxed on this 3rd day of June,2015
WESTERN SURETY COMPANY
�i'auI 1' Brutl,t,vice Picsident
State of South Dakota
County of Minnehaha
On this 3rd day of June,2015,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and
say: that he resides in the City of Sioux Falls,State of Routh Dakota;that he is the Vice President of WESTERN SURETY COMPANY
described in and which executed the above instrument; that he knows the seal of said corporation; that the se-1 affixed to the said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he
signed his namo thereto pursuant to like authority,and acknowledges same to be th--aet Pnd decd of said corporation.
My commission expires �w..wwwwwrwwwtiti+.titiwwwtiwrww
S.EICH
Fet urn 7 12.2021 NOTARY PUBLIC
— — — — "
'MISOUTH DAIWTA i
♦'�ti+r'�sdtihti*ctt+Mhti+w+rtiwwwawr• __.+._._. _........�____-___.._.
CERTIFICATE
I,L.Nelson,Asbistant Secr-tary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomuy hereinabove set
forth is still in force,and further certify that the By-Law of the corporation prinu;d on th,;reverse hereof is still in force. In testimony
whereof I have hereunto subscribed my nam,;and affixed the seal of the said corporation this 13th day of April 2018
WESTERN SURETY COMPANY
*�aFpM,r
rp yiM�
Form F4"ff•:-'JiS
ContLact NIimber
ATTACHMENT B
PAYMENT BOND
CITY OF TIGARD,OREGON
PUBLIC IMPROWMENT CnN'1•RAC:T
ROOFING REPAIRS—CITY LLW,PERMIT CENTER,AND SENIOR CENTER
Bond Number. 30030236 Executed in Duplicate
Prrlj::Ct k4aM(ti Roofing Repairs-City Hall,Permit Center and Senior Center
Western Surety Company (Surety ��1) Bond amount Ni,. 1: 36,677.00
N/A (5urCt7Y#2)* BUnd Amount No.'?* a N/A
If uy.r�g�;n�llrl 3.wt?>ie.r Tutal Pcmd Sum of Bond: a
_26 -0o-
XV(:, Garland/DBS, Inc. as Principal,and the above identified Surety(ies),
autlloi7Led to transact surety bushiess in Orc on, as Surety, heiebt• jointly and se wrally bind ourselves, our
x.spectivr heirs,ext cutors,administrators,su(cessor , and assigns fim: b} these presents to pay unto the Cit<<
of Tigard, a aitulicipality* of the State of Oregon, the sum of (total Penal Sum of
Bond) Thirty Six Thousand Six Hundred Seventy Seven and Zero Cent---------------- (Providcd, that -,ve
the Suretir.'s hind oursclvcs in such ;uni "jointly and sewrill;•" as well as '-severallyr' only f)r thL purpose of
allowing a joint-.ILdwi or actions alraimt any or all of us,and fair all otllc_r purposed each.Surety binds its�:lt,jointly
and Y,vel•Ally with tiie Principal, for the pay'mrnt of such sura only as is sct forth opposite the name of such
Surety),atld
WHEREAS, the Principal has entered into a cunuact widl the City of Ti;;ar_l, the plans, spec ifications, terms,
And coildiiions 4whie)1 are contained in ahc•ve-rc:fercticed project solicitation;
WHEREAS, the winis and coadiuons of the. cnn.tt-act,togtxht:r with a.tlplicablie pltlils, staridArd sp1_cifications,
snt ci�tl prr]�-i tnns, Sclledult of PerfurtriAncf-, Gmd schedule uf contt:lct prices,are. nude A ,art of this Payment
bond by reference,whctlicE or not attached to the:con-mict(all ht+'cafiva called`('ontract");and.
WHEREAS, the Principal hay a gre-,A to perfovii the Cont,at-,t in :--Lccordaac• N.;aim the termr,, coluditions'.
rc-qu-.ireine•.au-i,plain,and srwci ficatii nis,and scheduic of conti:act pitted w.hich :LLC m-t forth iii tf ct Contract and
any avachnients,,tad all a.uthoi:izcd n-jodifieat.ions oft1u.,Contract-which incica•*e tf1r:Amount of file work,or the
cost of the!Contra(-L,or reinSiltutc authoriz(A r_°1(c:'n`iir.tslS t}f t11nc 1or perf6rm1 ante(if the.('orittact,nilticc of.Inv
SUCll illi:'Lll?!i: tltt 1?1'stlVti.:d 111 tilt' lilt'.'t,'.
NOW,'1TIP"Ju.0i70 RE,`Il I';(';t:li+;1:►l *V.) : L !I Ti ll:i Itt t1,1)1" ;;1-i(;t l tll:1 if I-1 IV 1-'r;fl(�i11a1.:;;1;.11 t;utL:ii":B
Ar14.I tlall'.'e?7,1S['L't'i'':di?rI Cilr7ilJl1�t3-1t11 rI1(j t!'Yll'15,C(itl(liUnnti, lilU 1}t'01'15.!0l16 Cif LC''�.,(ltlt'1'At;t,ltl alf 1'f•511i:(.La,ath.l 5l1•All
\fell -and truh and full, d°:1
and l]t'f'isil'nl all lll'>U1i:`t'% Sil'Irl illlt;gti 11`. It Uilfhtt:El:c.11 l(1 11t p(tl'f(ll'I1iC'Ll L1i1C`I1i'L' said
a(ld tYli' dol_, :vithorizt-d ltifltliliC;a.11r,iFlc. illai :•VC, ftizlrii, up.,11i t)lc it.'t-rui m-t forth lllt_mo. Aua widi'il thl'
r
ilt?1C'pi'eSC1 ibCtl t1.lc.'r(lil,t11 a�C]_.tl'ni.lt'.CI ttl(YC:LI 15 -Jin the t,otltra�t,'widi or without notice.t(.i thL:,SiIwtit•ti,
ani.) Shall iix.Ic-Innif, anal save liarn&si the(-,'.11'r T1*Ihitrd itS,;ffic:'i":,s c alis,and cr,1i)loC(c'S against an,n,'tlailli fUr
direct or indirect darlal;cs of ever) Lind atld d( cripiir]n that shall 1-1 sF.lfFtlril or csaiinc-d to l e Sufft red ii,
connccl-ion with to RtiSing out Of tlir.�pci6:)rlilancc of elle Contract h,,the Contractor of its suixontractors,and
shall promptly llal, all p(.rsons supplying labor, niatcrials, or ht)th tr1 the Ptulcilral or it. suhc(,ntr:irton, for
prosecution of the work provided in the Cuntract;and shall promptly pay all contributions due.thc:Stat-C Industrial
iiccidcnt bund and the Statc Unempin anent Contriensation fetid from ffi Principal or its subcontiartor:a in
ronnecti;on with the perfornian:-c of the Cc)iitr..ct;and steal! N6.;over to the Oreac]n Depaitnlcnt uF R('wnl!;•all I
18 1 Png_(.
-,n*t,,ct Nunibzi
sums required to be deducted-md retained from tfatvagis of empauyces of the Principal and its sultcurrttac tcn•s
pursuant to ORS 316.167,and shall permit:no lien.nor claim to be filed or prosecuted against the Cii y OD account
of any, labor or mateviak furnished; and sLill do all things regnired of the Principal by tl,..e laws of tiic;State of
Oregon.,then thin obligadon shall be void;othet-Noise,it shall remain in full force:and effect.
Nonpayment of the bond premium will not invRlidate this I fond nor shall th.c:City ur Tigmrd bo obligated.fur ehe
pa,viient of any pie mitiMs.
This bond isgiven and rccclvcd under the authoOy%MOILS Chapter 279C and'Tig-ard Public Contracting Rules,
ilio provisions of-which are rncurpomted into this bond and made a pw t hcrcof.
IN WITNESS WHEREOF, AtT, HAVE C-AUSI D THIS INSTRUMENT TO BE P,-XE(-LTTFI-) AND
SEALED BY OUR DULY, AUTHORIZEM TEGAL REPRESEN"A.MMS.
�'1010e01n00
Dated this 13th___ day of ,'A rikp/D jo 'i 2018
Garland/DBA, Inc.
z - Signature
'��'•.,�FLAWAR�fCdk A. Percaciante, Controller
Printed Name&Title
Attest:
SLTRETYa Western Surety Company
(Irirl rrg�t��Str .l fur'c.r^h.�Jut:� f'a htg)1v1111%�1I-,bonds)
L')'A'ITORNEYAN-FACT:
� ha4e7: 1l:11!r # P ,/ � :l �
Cathy L. Woodruff
`air:; ars:-
200 Public Square, Suite 3760
Cleveland OH _ 44114
zip
216-937-1700 216-937-1765
Phone 1 ax
I �
19 1';i g e
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation, is a duly organized and
existing corpor2tion having its principal office in the City of Sioux Falls; and State of South Dakota, and that it does by virtu(,of the:
sipnatuw and seal herein affixed hereby make,constitute and appoint
Cathy L.Woodruff , Individually
of Cleveland,OH its tru.Paid lawful Attorney(s)-in-Fact with full power and authority h:rcby conferred
to sign,seal and execute for and on its behalf bonds,uneertakir:a.s and oth:x obligatory instruments of similar nature
-In Unlimited Amounts—
Surety Bond Number: 30030236
Principal: Garland/DBS,Inc.
Obligoc: City of Tigard
and t,.)bind it thereby as fully and to the same extent as if:iucli instruments xvcr�signed by a duly authorizuu eflicer of th::corr—)ration and
all the acts of said Attorney,pursuant to the authority hemby givei;,we hereby tatifivd.surd confirmed.
This Power of Attorney is made and executed pumuant to and by authority of the Bs-Law printed on the reverse hereof,duly adopted,
as indie.tt:d,by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has cgusied these presents to be signed by its Vic;, Pmsid.;nt and its
curporate seal to be hereto affixed on this 3rd day of June,2015.
WESTERN SURETY COMPANY
r;vo r�y°0�t
�,'CCPV ars __, ....__._. _.. _..i._.Y._._.._.._._._L
4v . 4P11jul T Bruiiat,Vhce Presidew
State of South Dakota
County ofMinnehaha
On this 3rd day of June,2015,b;Abra me ll:rsonally came Paul T.Bruflat,to me.mown,who,being by me duly sworn,did depose and
say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vi%,e President of WESTERN SURFTY COMPANY
described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he
signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation.
My commission expires 0'0%'4%4%4%4%4 wrw
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CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereimbove set
forth is still in force,and further certif that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony
whereof I havc.hereunto subscribed my name and affixed the seal of the said corporation this 13th day of April 2018
p'' "" WESTERN SURETY COMPANY
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L Nelson,:ks7.ismnt Sccrc!w,;
roan WiJ-7-1011
State of OH
County of Cuyahoga ss:
On April 13, 2018 before me,a Notary Public in and for said County and State,residing
therein,duly commissioned and sworn,personally appeared
Cathy L. Woodruff
known tome to be Attorney-in-Fact of Western Surety Company
the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed
the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal, day and year stated in this certificate above.
My Commission Expires 8/26/2022
LaTanya Goodwin Notary Public
;������ �j f. • : LATANYA GOODWIN
�� =�• -- NOTARY PUBLIC
• :° = STATE OF OHIO
Recorded In
** ' . � �,.•� Cuyahoga County
Comm.Exp.s/2
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