Precision Recreation Contractors ~ CP19009 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUS TACCOMPANYEVExY CONTRACT) In,�O
Contract Title: Dirksen Nature Park—Natural Themed Clubhouse Installation Number P �(
Contractor Precision Recreation Contractors Contract Total: $16.860.00
Contract Ch-errneu• Installation of a natural themed clubhouse at Dixksen Nature Park
Initial Risk Level: ❑ Extreme ❑ High ❑Moderate ®Lou
Risk Reduction Steps
Risk Comments:
Risk Signature
Contract Manager: Jeff Peck Ext: 2466 Department: Pte'Engineering
Tl-pe: ❑ Personal Svc ❑ Professional Svc ❑ Architectural APublic Imp ® General Svc
❑ Engineering Svc E:1 Other: Start Date: End Date:
Quotes/Bids/Proposal FIRM AMO uvT/Scum
Precision Recreation Contractors 16,860.00 / (1)
GR Morgan Construction 14,754._0
Cascadnan Landscapers,Inc. 28,300._ 00 / (31
Account String: Fund-Division-Account Work Order—A tivily Tyke Amount
FY 4.20-8000-56005 92053 16,860.00
FY
FY
FY
FY
Approvals - LCRB Date:
Department Comments-,
Department Signature:
Purchasing Comments:
P�archasmg Signature:
Ciq Manager Comments:
Cats Manager Signature A7
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contractor 4c /`vim/
CITY OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
DIRKSEN NATURE PARK—NATURAL THEMED CLUBHOUSE INSTALLATION
i
THIS CONTRACT, made and entered into this 15` day of April,2019,by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called "City" and Precision Recreation Contractors,
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.
ollowingA. Pick up play equipment material from City office
B. Move existing wood chips and drain rock to allow for new installation.
C. Provide and pour concrete necessary to install new play equipment per plan.
D. Move wood chips back after installation
E. Site cleanup and disposal of packaging
F. Restoration of drain rock and wood chips to original condition.
1. Prevailing Wap
ce
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining
to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor
agrees that the workmen in each trade or occupation required for the work to be done pursuant to the
contract, employed in the performance of the Contract, either by the Contractor or Subcontractor or
other person doing or contracting to do any part of the work contemplated by the Contractor shall be
paid not less than the prevailing, minimum hourly rate of wage specified by the Commissioner of the
Bureau of Labor,and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing
Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the
applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for
those labor and services and withhold these amounts from payment s that are due the Contractor in
accordance with ORS 279C.515
Contractor shall provide proof as requested to the City prior to the beginning of any of the work that the
Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the
Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in
every subcontract to this Agreement that the subcontractor file a public works bond with the
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park 1' a g e I 1
Contractor#
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 solicitation documents
and the standard documents comprised of the Oregon Standard Specification for Construction,2015.
Request for Quote
Contract—including all attachments
Standard Documents
General Conditions (Oregon Standard Specification for Construction,2015)
Standard Specifications (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 Jeff Peck,Project Manager,who can
be reached by telephone at(503) 718-2466 or by email at jeffp tigar gov.
6. Contractor's Representative
For purpose hereof,the Contractor's authorized representative will be Ed Davis who can be reached by
telephone at(503) 788-4002 or ed@j2recisionrecreation.com
7. Contractor Identification
Contractor shall furnish to the City the Contractors employer identification number, as designated by
the Internal Revenue Service,or Contractor's social security number,as City deems applicable.
8. Compensation
A. Progress Payments: City agrees to pay Contractor Sixteen Thousand Eight Hundred Sixty and
No/100 Dollars ($16,860.00) 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.
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park Page 1 2
Contractor#
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
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.
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park P a g e 13
Contractor#
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 party) as a result of said finding.
B. The undersigned Contractor hereby represents that no employee of the City,or any partnership
or corporation in which a City employee has an interest,has or will receive any remuneration of
any description from Contractor, either directly or indirectly, in connection with the letting or
performance of this Agreement,except as specifically declared in writing.
C. If this payment is to be charged against Federal funds,Contractor certifies that he or she is not
currently employed by the Federal Government and the amount charged does not exceed his or
her normal charge for the type of service provided.
D. Contractor and its employees,if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park P g e. 14
Contractor#
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 PWR Law specified minimum wage.
11. Contractor-Payment of Benefits-Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract;
2) Pay 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
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
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park Page 15
Contractor#
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 v-ith respect to any unpaid claims.
D. Contractor agrees that no person shall be employed for more than ten(10)hours in any one day,
or 40 hours in any one week,except in cases of necessity or emergency or when the City deems
it in the best interest of the public or policy absolutely requires it,in which event, the person so
employed for excessive hours shall receive at least time and a half pay for the following.
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week
when the work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when
the work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS
279C.540.
E. The Contractor agrees to provide a written schedule to all employees showing the number of
hours per day and days per week the employee may be required to work.
F. No City employee shall be required to work overtime or on a Saturday,Sunday or holiday in the
fulfillment of this contract except where the Contractor agrees to reimburse the City in the
amount of money paid the employee for such work as determined by state law, the City's
personnel rules or union agreement. The Contractor shall require every subcontractor to comply
with this requirement.
G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment form the City or from the Contractor to a subcontractor,
the Contractor or first-tier subcontractor shall owe the person the amount due plus interest
commending at the end of the 10 day period that the payment is due under ORS 279C.580,
unless payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park Page 16
Contractor#
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 work other than a suit or action filed in
regard to a labor dispute;or
2) If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed with a substantial portion of the Contract.
S. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and
include the day of termination and shall be in full satisfaction of all claims by Contractor against
City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such termination.
15. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,or at
such later date as may be established by City,under any of the following conditions:
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park Page 17
Contractor#
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 law, 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,
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park ' a g e 18
Contractor#
17. Work is Proerry 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
i> 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
J> Department of Health and Human Services
i> Housing and Urban Development
• Department of Solar Energy Conservation Bank
➢ Interior,Department of
• Bureau of Sports Fisheries and Wildlife
• Bureau of Outdoor Recreation
• Bureau of Land Management
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park Page 9
Contractor#
• Bureau of Mines
• Bureau of Indian Affairs
• Bureau of Reclamation
• Geological Survey
• Minerals Management Service
Labor,Department of
• Mine Safety and Health Administration
• Occupational Safety and Health Administration
Y Transportation,Department of
• Coast Guard
• Federal Highway Administration
➢ Water Resources Council
STATE AGENCIES
Administrative Services,Department of
Agriculture,Department of
Columbia River Gorge Commission
y Consumer&Business Services,Department of Oregon Occupational Safety&Health
i> Division
➢ Energy,Department of
>> Environmental Quality,Department of
Y Fish and Wildlife,Department of
➢ Forestry,Department of
Y Geology and Mineral Industries,Department of
i> Human Resources,Department of
➢ Land Conservation and Development Commission
i> Parks and Recreation,Department of
➢ Soil and Water Conservation Commission
➢ State Engineer
> State Land Board
i> Water Resources Board
LOCAL AGENCIES
i> City Council
i> County Court
➢ County Commissioners,Board of
➢ Port Districts
➢ Metropolitan Services Districts
r� County Service Districts
Sanitary Districts
>> Water Districts
> Fire Protection Districts
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park 13 a 10
I
Contractor#
19. Cha es
City may at any time,and without notice,issue a written Change Order requiring additional work within
the general scope of this Contract,or any amendment thereto,or directing the omission of or variation
in work. If such Change Order results in a material change in the amount or character of the work,an
equitable adjustment in the Contract price and other provisions of this Contract as may be affected may
be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing
within thirty(30) days from the date of receipt by Contractor of the notification of change or the claim
will not be allowed. Whether made pursuant to this section or by mutual agreement,no change shall be
binding upon City until a Change Order is executed by the Authorized Representative of City, which
expressly states that it constitutes a Change Order to this Contract. The issuance of information,advice,
approvals, or instructions by City's Representative or other City personnel shall not constitute an
authorized change pursuant to this section. Nothing contained in this section shall excuse the
Contractor from proceeding with the prosecution of the work in accordance %ith the Contract, as
changed.
20. Force Majeure
Neither City nor Contractor shall be considered in default because of any delays in completion of
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the party so disenabled,including,but not restricted to,an act of God or of a public enemy,volcano,
earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually
severe weather or delay of Subcontractor or suppliers due to such cause; provided that the party so
disenabled shall within ten (10) days from the beginning of such delay,notify the other party in writing
of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate
such a cause of delay or default and shall,upon cessation of the cause,diligently pursue performance of
its obligation under Contract
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.
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park Pa g e 111
Contractor#
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. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon
Circuit Court in Washington County or the US District Court for Oregon,Portland.
26. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict between
the terms of this instrument and the proposal of the Contractor, this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
27. 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 attomey'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.
28. 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:
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park t .1 a 112
Contractor#
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.
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 Ratinsr
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 shoving evidence of the
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park P - g e 113
Contractor#
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.
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.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
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 forwarded 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.
29. Method and Place of Giving Notice,Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery or by mail.
Notices,bills and payments sent by mail should be addressed as follows:
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park P a g e 114
Contractor#
CITY OF TIGARD PRECISION RECREATION CONTRACTORS,INC.
Atm: Jeff Peck Attn: Ed Davis
Address: 13125 SW Hall Boulevard Address: 6821 SE Johnson Creek Boulevard
Tigard,Oregon 97223 Portland,Oregon 97206
Phone: (503) 718-2466 Phone: (503) 788-4002
Email: jeff2&�ard-or;gov Email: ed&recisionrecreation.com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage prepaid.
In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery.
Changes may be made in the names and addresses of the person to whom notices,bills and payments
are to be given by giving written notice pursuant to this paragraph.
30. 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
31. 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.
32. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect
and shall in no way be affected or invalidated thereby.
33. 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.
34. Representations and Warranties
Contractor represents and warrants to the City that:
A. Contractor has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor,
enforceable in accordance with its terms.
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park l' g e 115
Contractor#
C. Contractor(to the best of Contractor's knowledge,after due inquiry),for a period of no fewer than
six calendar years (or since the firm's inception if less than that) preceding the effective date of
this Agreement, faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316,
317, and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
to Contractor's property, operations, receipts, or income, or to Contractor's performance of
or compensation for any work performed by Contractor;
3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,
or to goods,services,or property,whether tangible or intangible,provided by Contractor;and
4) Any rules,regulations, charter provisions,or ordinances that implemented or enforced any of
the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Contractor's services rendered in the performance of Contractor's obligations under this
Agreement,shall be provided to the City free and clear of any and all restrictions on or conditions
of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,
mortgages, security interests,liabilities, charges,and encumbrances of any kind.
35. Compliance with Tax Laws
A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all
tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon.
For the purposes of this Section,"tax laws"includes all the provisions described in subsection 25.C.
1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Further, any violation of Contractor's warranty, in subsection 25.0 of this Agreement, that the
Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any
political subdivision of this state also shall constitute a material breach of this Agreement Any
violation shall entitle the City to terminate this Agreement,to pursue and recover any and all damages
that arise from the breach and the termination of this Agreement, and to pursue any or all of the
remedies available under this Agreement,at law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor,
in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive
relief. The City shall be entitled to recover any and all damages suffered as the result of Contractor's
breach of this Agreement, including but not limited to direct, indirect, incidental and consequential
damages, costs of cure, and costs incurred in securing a replacement Contractor.
These remedies are cumulative to the extent the remedies are not inconsistent,and the City may pursue
any remedy or remedies singly, collectively, successively, or in any order whatsoever.
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park P g e 116
Contractor#
36. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement between
the Parries 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 and
for the specific purpose given. There are no understandings, agreements, or representations, oral or
written,not specified herein regarding this Agreement. Contractor, by the signature of its authorized
representative,hereby acknowledges that he/she has read this Agreement,understands it and agrees to
be bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD PRECISION RECREATI CONTRACTORS,INC.
L464 =
By: Marty Wine,City Manager By: Authorized ontractor Representative
q—• tt• 20(q tow
Date Date
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park t' o c 17
Contractor#
ATTACHMENT A
SCOPE OF SERVICES
Contractor shall provide:
1. All labor to pick up play equipment material from City offices.
2. Move existing wood chips and drain rock to allow for new installation.
3. All labor and concrete necessary to install new play equipment per. plan.
4. All labor necessary to move wood chips back after installation.
5. All site clean up and disposal of packaging.
6. Restoration of drain rock and wood chips to original condition.
I
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park P g 18
Y
:nntractor#
ATTACHMENT B
PERFORMANCE BOND
Cny OF TIGARD,OREGON
PUBLIC IMPROVEMENT CONTRACT
DIRKSh'N NATURE PARK—NATURAL THEMED CLUBHOUSE WnALLATim
Bond Number. 491559P
Project Name: Dirksen Nature Park-Natural Themed Clubhouse Installation
Developers Surety and Indemnity Company (Surety#1) Bond Amount No.1: S 16,860.00
(Surety#2)* Bond Amount No.2:*
*I%arm.g nri&ile sun-6,s Total Penal Sum of Band: S 16,860 00
Precision Commercial Contractors Inc dba Precision Recreation
We,Contractors as Principal,and the above identified Surety(ics),
authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our
respective heirs,executors,administrators,successors, and assigns firmly by these presents to ray unto the City
of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of
Bond) Sixteen Thousand Eight Hundred Sixty and No/100($16,860.00) (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "seve;rall)" only for the purpose of
allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly
and severally-with the Principal, for the payment of such sum only as is set forth opposite the name of such
Surer);,and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications, terms,
and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications,
special provisions,schedule of performance,and schedule of contract prices,are made a part of this Performance
Bond by reference,whether or not attached to the contract(all hereafter called"Contract');and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements, plans, and specifications, and all authorized modifications of the Contract which increase the
amount of the work, the amount of the Contract, or constitute an authorized extension of the time .for
performance,notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, IT IF, CONDITION OF TIIIS BUND IS SUCI-I that if the Principal herein shall
faithfully and truly observe and comply with the terms,conditions,and provisions of die Contract,in all re.srectp,
and shall well and truly and fully do and perform all matters and things undertaken by Contractor to be performed
under the contract,upon the terms set forth therein, and within the time prescribed therein, or as extended as
provided in the Contract,with or without notice to the Sureties,and shall indemnifi and save harmless the City
of Tigard, its officers,agents, and employees against any direct or indirect damages or claim of every hind and
description that shall he suffered or claimed to be,suffered in connection with or arising out of the performance
of the Contract by the Principal or its subcontractors,and shall in all respects perform said contract according to
law,then this obligation is to be void;otherwise,it shall remain in full force and effect.
Nonrarm,-nt of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the
payment of an) premiums.
201" PI—'_\:iteral Themed Clubhouse Instillation—Dirksen Park 19
Contractor#
This bond is given and received under the authority of(QRS Chapter 279C and Tigard Public Contracting Rules,
the provisions of which are incorporated into this bond and made a part hereof.
IN WITNESS WHEREOF, V6'F HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTI IORIZED LEGAL REPRESENTATIVES.
Dated this 10th day of Aril 2019
Precision Commercial Contractors Inc
PRINCIPAL: dba PrecL90n Recreation Contractors
z .
By: T
Signature
P¢ -.6,Iye.{T
Printed Name&Title
Attest 17Ue f 604UO
SURETY: Developers Surety and Indemnity Company
(Add sgiatuns for each.runty ifwring fiulti k Goad.
BY ATTORNEY-IN-FACT:
(Power-of-Attorne),must acconpxjeadi sure!y Gond
Tamara A. Ringeisen
Name
Sign�ture
177an Suite100 _
Address
Irvine California 92614
City State 7.ip
503.467.7552 866.577.1326 _
Phone Fax
2019 PI—Natural The reed Clubhouse Installation—Dirksen Park it 20
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Sara Sophie Sellin,Misti M.Webb, Michael S. Mansfield,Tamara A. Ringeisen, Donald Percell Shanklin Jr., Kari Michelle Motley,
Bryan Richard Luckwick, Linda Diane Shaddon, Dana Marie Brinkley,jointly or severally***
as their true and lawful Attomey(s}in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)4n-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October,2018.
��.unnp�y
II! .."'o H , ?j y;'''
Daniel Young,Senior Vice-President
Mark Lansdon,Vice-President '��°ttFok 'p'��,'
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On_ October 4,2018 before me, Lucille Raymond Notary Public
Date Here Ismer Name and Trde of the ofr=r
personally appeared Daniel Young and Mark Lansdon
Neme(s)of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)!stare subscribed
to the within instrument and acknowledged to me that hetshetthey executed the same in his/herttheir authorized
capaaty(ies),and that by hisiherttheir signature(s)on the instrument the person(s),or the entity upon behalf of
eMyLUCILLE RAYMOND which the persons)acted,executed the instrument
Notary Public-California0raflge County i I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Commission N 2258185 true and correct.
Comm.Expires Oct 13,I022
WITNESS my hand and official seal
Place Notary Seal Above Signature
Lucille 139ymond,Notary Public
CERTIFICATE ti
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 10th day of April 2019 . ,•`'`�f nhlo bw•., a 4N 1'0,,
gri-
A� r,
By: 1. �JR:? !.. e. ..l.iz i .. •�0 1936 ��� '� .'rte. _
Cassie J emsford,Assistant Se tary :o = L\ii
ATS-1002(10/18) '•.,,�'Doll.���;..•`' x
Contractor
actor
A.TTACHMIr,NT C
PAYMENT BOND
CITY OF TIGARD,OREGON
PUBLIC:IMPROVEMENT CONTRACT
DIRKSEN 1AuxuaPARK—NATURAL THEMED CLUBHOUSE INSTALLATION
Bond Number 491559P
Project Name:: Dirksen Nature Park-Natural Themed Clubhouse Installation
Developers Surety and Indemnity Company-(Surety#1) Bond.Amount No. 1: '�' 16,860,00
(Surety#2)* Bond Amount No.2:* S
*If w rl NaaWc.rtnrfies Total Penal Sum of Bond: 16 860.00 _
Precision Commercial Contractors Inc dba Precision Recreation
We, Cnntractnrs _ as Principal,and the above identified Surety(ies),
authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our
respective: heirs, executors,administrators, successors,and assigns firtnly by these presents to pay unto the City
of Tigard, a municipality of the State of ()rcgon, the sum of (total Penal Sum of
Bond) Sixteen Thousand Eight Hundred Sixty and No/100($16,860.00) (Provided, that we
the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of
allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly
and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such
Surety),and
WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications,terms,
and conditions of which are contained in above:-referenced project solicitation;
WHEREAS, the terms and conditions of the contract; together with applicable plans, standard specifications,
special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment
bond by reference,whether or not attached to the contract(all hereafter called"Contract";and
WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions,
requirements,plans,and specifications,and schedule of contract prices which are set forth in the Contract and
any attachments,and all authorized modifications of the Contract which increase the amount of the work,or the
cost of the Contract,or constitute authorized extensions of time for performance of the Contract,notice of any
such modifications hereby being waived by the Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully
and truly observe and comply with the terms,conditions,and provisions of the Contract,in all respects,and shall
well and truly and fully do and perform all matters and things by it undertaken to be performed under said
Contract and any duly authorized modifications that are made,upon the terms set forth therein,and within the
time prescribed therein,or as extended therein as provided in the Contract,with or without notice to the Sureties,
and shall indcmnifv and save harmless the City of Tigard its officers,agents,and employees against any claim for
direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in
connection with or arising out of the performance of the Contract by the Contractor or its subcontractots,and
shall promptly pay all persons supplying labor, materials, or both to the Principal or its subcontractors for
prosecution of the work provided in the Contract;and shall promptly pay all contributions due the State Industrial
Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in
connection with the performance of the Contract;and shall pay over to the Oregon Department of Rtvenue all
20 19 PI—Natural Themed Clubhouse Installation—Dirksen Park 1' 121
Contractor#�
sums required to be&ducted and retained frc;m the wags of employees of the Principal and its subcontractors
pursuant to ORS 316.167,and shall permit no Gen nor claim to be filed or prusecuted against the City on account
of any labor or materials furnished; and shall do all things required of the Principal by the laws of the State of
Oregon,then this obligation shall be void;otherwise,it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the
payment of any premiums.
This bond is given and received under the authority of URS Chapter 2790.and Tigard Public Contracting Rules,
the provisions of which arc incorporated into this bond and made a parr hereof.
IN WITNESS WHEREOF, WE RAVE CAUSED TIJIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DUTY AU n-IORIZED LEGAL REPRESENTATIVES.
Dated this 10th day of April 2019
Precision Commerical Contractors Inc dba
PRINCIPAL: Precision Recreati ontractors
By;
Signature
toil li S - �r l oerrT _
Printed Name&Tide
Attest.-ka [^Ulei I V( CL Q
SURETY:Developers Surety and Indemnity Company
(Adel signatmruforeach samly firing xxApk Gondt)
BY ATTORNEY-IN-FACT:
(Poorer-of-rlltomg nctut ammpaq each sure*bona)
Tamara A. Rin eisen
Name
Signature
17771 Cowan Suite 100
Address
Irvine California 92614
City State Zip
503.467.7552 866.577.1326
Phone Fax
2019 PI—Natural Themed Clubhouse Installation—Dirksen Park 122
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Sara Sophie Sellin,Misti M.Webb, Michael S. Mansfield,Tamara A. Ringeisen, Donald Percell Shanklin Jr., Kari Michelle Motley,
Bryan Richard Luckwick, Linda Diane Shaddon, Dana Marie Brinkley,jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done In connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)4n-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January let,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October,2018.
:=,tom,• p •,
By: �v AN l�yo 1P.•uv Oti
Daniel Young,Senior Vice-President r Jam(•'oi�oRiS :t err` ,,r`n
1936 `�`" '" k"
:<: � ;ars ;
By: c-
Mark Lansdon,Vice-President ,�.,,�0.......... 73 � ' •'ry;ii`''
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On October 4,2018 before me, Lucille Raymond Notary Public
Date Here Insert Name and Tdk of the officer
personally appeared Daniel Young and Mark Lansdon
Name(s)of Sgner(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose names)Ware subscribed
to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized
capacity(ies),and that by hislhedtheir signature(s)on the instrument the person(s),or the entity upon behalf of
LUCILLE RAYMOND which the persons)acted,executed the instrument.
Notary Public-CaliforniaQoMy
Orange County I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Commission112258185 true and correct.
Comm.Exires Oct 13,2022
WITNESS my hand and official seal.
Place Notary Seal Above Signature
Lucille IliAond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
City p q4 ANtr�Np
��.. '•..
This Certificate is executed in the Ci of Irvine,California,Califomia,this 10th da of Aril 2019 . �
B Jf.fir .+ 3'•` +x.ec '"�YS+� 'a: 7[� <
Y Cassie J,�nisford.Assistant Se'tarr ;of `731I6
ire 3•:�trFUn;:p'•3 � ��
ATS-1002(10118) '•„4u�nu�+�,••