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VSS International Inc ~ CP22010 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: CP22010 Contract Start Date: May 25, 2022 Contract End Date: 08/31/2022 Contract Title: PMP Preventative Maintenance Contractor Name: VSS International,Inc Contract Manager: Nichole George Department: ENG Contract Costs Original Contract Amount: $680,325.00 Total All Previous Amendments: N/A Total of this Amendment: Total Contract Amount: $680,325.00 Procurement Authority Contract Type: Public Improvement Procurement Type: Formal Public Improvement ITB >$100K Solicitation Number: 2022-14 LCRB Date: 05/24/2022 Account String: Fund-Division-Account Work Order—Activit):1=e Amount FY 23 412-8000-56005 95001-140 $680,325.00 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: Capital Improvements Slurry Seal DocuSign Routing Route for Signature Name Email Address Contractor Jordan Reed Vssi contracting(cr�,slur , .com City of Tigard Steve Rymer stever&tigard-or.gov Final Distribution Contractor Jordan Reed Vssi contractin slur com Project Manager Nichole George nichole ti and-or. ov Project Manager Shauna Large shaunal ti and-or. ov Buyer Toni Riccardi tonir ti and-or. ov DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 V • ' ■ City of Tigard 13125 SW Hall Blvd Tigard,Oregon 97223 Phone: (503) 639-4171 Fax: (503) 684-7297 CONTRACT DOCUMENTS for the construction of 2022 Pavement Management Program Preventative Maintenance — Slurry Seal Project No. CIP 2022-95001-SS Single Point of Contact: Toni Riccardi Contracts&Purchasing Email:tonirgtigard-or.gov Submit one (1) copy in portable document format(pAf . Submit Bid To: ContractsPurchasingC tiVard-or.gov Bid Due: April 14,2022—2:00 pm Local Time DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ADVERTISEMENT FOR BIDS CITY OF TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE The City of Tigard will receive sealed Bids from qualified firms submitted electronically to the Contracts and Purchasing Department at contractspurchasingkdprd-or.gov until 2:00 pm local time,Thursday,April 14,2022 for the 2022 Pavement Management Program — Preventative Maintenance project. Bids will be opened and publicly read aloud immediately after the Bid Closing time and date via conference call at(971) 203-2862. Conference ID 625 639 290# The project generally consists of the following: 1. Temporary traffic control and temporary erosion control. 2. Application of slurry seal on residential streets. 3. Removal and application of pavement striping and markings on residential streets. 4. Performance of additional and incidental work as called for by the specifications and plans. Basis of Bid Award shall incorporate all items identified on the Bid Schedule. Pursuant to Tigard Public Contracting Rule 30.055,all Bidders must submit a Bid security to the City along with their Bid in an amount equal to ten percent (10%) of their Bid. Because the City's estimate of contract value exceeds$100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in this Bid Booklet, to the City no later than 4:00 pm local time,Thursday,April 14,2022. The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be incorporated by reference as if fully set forth in any Contract resulting from this Advertisement for Bid. Contractor shall provide proof to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the Construction Contractors Board as required under Oregon Prevailing Wage Rate (PWR)law. No Bid will be considered unless fully completed in a manner provided in the Bid Packet. Facsimile Bids will not be accepted not will Bids be accepted after the stated Bid Closing. Bids received after the Bid Closing will be returned to the submitting firm unopened after a Contract has been awarded for the required services. Bid Documents may be downloaded from the City of Tigard website at www.tigard-or.gov/bids. The City may reject any Bid not in compliance with all prescribed public bidding procedures and requirements,and may reject for good cause any or all Bids upon a finding of the City if it is in the public interest to do so. All questions about the meaning or intent of the Bid Documents shall be submitted to the Contracts and Purchasing Department at contractspurchasingt'a dprd-or.gov with any questions. Clarifications to the Bid Documents will be made by addenda only. Oral statements may not be relied upon by Bidders and will not be binding or legally effective. Published: Dai fly of Commerce Date: April 1s`,2022 Page 2 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 TABLE OF CONTENTS ADVERTISEMENTFOR BIDS....................................................................................................................................................2 TABLEOF CONTENTS...............................................................................................................................................................3 ATTACHMENT A—BIDDER'S CHECKLIST............................................................................................................................4 ATTACHMENTB—BID............................................................................................................................................................5 ATTACHMENT C—ACKNOWLEDGE OF ADDENDA........................................................................................................ 12 ATTACHMENT D—BID CERTIFICATION........................................................................................................................... 13 ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM........................................................................ 14 ATTACHMENTF—BID BOND............................................................................................................................................. 15 ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT................................................................................................. 16 ATTACHMENT H—PERFORMANCE BOND........................................................................................................................22 ATTACHMENTI— PAYMENT BOND..................................................................................................................................24 ATTACHMENT J— OREGON PREVAILING WAGE RATES...............................................................................................25 ATTACHMENT K—GENERAL CONDITIONS.....................................................................................................................26 EXHIBIT A COVID-19 VACCINATION ATTESTATION DRAWINGS 2022 PAYMENT MANAGEMENT PROGRAM-PREVENTATIVE MAINTENANCE SHEETS 1 THROUGH 8.......................................................................................DATED:MARCH 2022 Page 3 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ATTACHMENT A—BIDDER'S CHECKLIST CITY OF TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE FORMS TO EXECUTE FOR SUBMISSION OF BID The Bidder's attention is especially called to the following forms which must be executed in full before Bid is submitted: ATTACHMENT B—BID ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA ATTACHMENT D—BID CERTIFICATION ATTACHMENT E — FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: within 2 hours of Bid Closing. ATTACHMENT F—BID BOND FORMS TO EXECUTE AFTER AWARD OF BID ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT—PWR COVERED CONTRACT ATTACHMENT H—PUBLIC IMPROVEMENT CONTRACT—PERFORMANCE BOND ATTACHMENT I—PUBLIC IMPROVEMENT CONTRACT—PAYMENT BOND EXHIBIT A—COVID-19 VACCINATION ATTESTATION Certificate of Insurance including Additional Insured Provision in accordance with the Public Improvement Contract. Page 4 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ATTACHMENT B—BID CITY OF TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM ' PREVENTATWE MAINTENANCE This Bid must be signed in ink by an authorized representative of the Bidder;any alterations or erasures to the Bid must be initialed in ink by the undersigned authorized representative. Project: 2022 Pavement Management Program—Preventative Maintenance Bid Due Date: 04/14/2022 Name of Submitting Firm: VSS International, Inc. The Contractor hereby acknowledges receipt of Addendum Nos. to this ITS. The Undersigned(check one ofthe following and pivaide additional uafmr»ation): An individual doing business under an assumed name registered under the laws of the State of ;or A partnership registered under the laws of the State of :or X A corporation organized under the laws of the State of California ;or A limited liability corporation organized under the laws of the State of ; hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project in strict accordance with the Contract Documents for the Basic Bid as follows: six hundred eighty thousand three hundred twenty five zero 680,325.00 and /100 Dollars (� ) and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined in the Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the Contract Documents,and forms. Submission of this Bid shall be conclusive evidence that the Undersigned has investigated and is satisfied as to the condition to be encountered, as to the character, quality and scope of work to be performed,the quantities of materials to be furnished,and as to the requirement of the Contract Documents. Accompanying herewith is a Bid Security which is equal to ten percent(10%)of the total amount of the Bid. Page 5 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 BID SCHEDULE 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Item Spec. Item Description Unit Quantity Unit Cost Total Cost No.__�AA IL NEEL- 1 1. 00210 Mobilization LS 1 $30,700.000 $30,700.00 2. 00225 Project Notification Signing LS 1 $30,037.450 $30,037.45 3. 00706 Type II Slurry Seal SY 251,619 $2.050 $515,818.95 4. 00855 Mono-Directional White Type IAR Markers EA 220 $17.120 $3,766.40 5. 00855 Bi-Directional Yellow Type IAR Markers EA 10 $17.120 $171.20 6. 00867 Thermoplastic,Extruded,Surface,Non-Profiled LF 12,800 $2.140 $27,392.00 7. 00867 Pavement Legend,Type B-HS:Arrows EA 3 $428.000 $1,284.00 S. 00867 Pavement Legend,Type B-HS:"SCHOOL" EA 3 $802.500 $2,407.50 9. 00867 Pavement Legend,Type B-HS:Bicycle Lane Stencil EA 2 $428.000 $856.00 10. 00867 Pavement Legend,Type B-HS:Sharrow EA 28 $428.000 $11,984.00 11. 00867 Pavement Legend,Type B-HS:'Bump" EA 24 $695.500 $16,692.00 12. 00867 Pavement Legend,Type B-HS:"Speed Cushion-Type A" EA 3 $1,070.000 $3,210.00 13. 00867 Pavement Legend,Type B-HS:"Speed Cushion-Type B" EA 8 $1,070.000 $8,560.00 14. 00867 Pavement Bar,Type B-HS SF 1,710 $16.050 $27,445.50 Subtotal BID TOTAL$ $680,325.00 six hundred eighty thousand three hundred twenty five dollars and zero cents Dollars BID TOTAL IN WORDS The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard,within ten (10) days after receiving the Contract forms,a satisfactory Performance Bond and a satisfactory Payment Bond each in an amount equal to one hundred percent(100%) of the Contract sum,using the forms provided by the City. The surety(ies) requested to issue the Performance Bond and Payment Bond will be Andreini&Company . The Undersigned hereby authorizes said surety(ies) company(ies) to disclose any information to the City concerning the Undersigned's ability to supply a Performance Bond and Payment Bond each in the amount of the Contract. The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City;that the amount thereof is the measure of liquidated damages which the City will sustain by the failure of the Undersigned to execute and deliver the above-named Agreement Form,Performance Bond,and Payment Bond, and that if the Undersigned defaults in either executing the Agreement Form or providing the Performance Bond and Payment Bond within ten (10) days after receiving the Contract forms, then the Bid Security may become the property of the City at the City's option;but if the Bid is not accepted within sixty (60) days of the time set for the opening of the Bids, or if the Undersigned executes and timely delivers said Agreement Form, Performance Bond,and Payment Bond,the Bid Security shall be returned. Page 6 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 The Undersigned certifies that: (1)This Bid has been arrived at independently and is being submitted without collusion with and without any agreement,understanding,or planned common course of action with any other vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit independent Bidding or competition; and (2) The contents of the Bid have not been communicated by the Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety on any bond furnished with the Bid and will not be communicated to such person prior to the official opening of the Bid. The Undersigned®HAS❑ HAS NOT (check-applicable states)paid unemployment or income taxes in Oregon within the past 12 months and❑HAS 0 HAS NOT(check applicable states)a business address in Oregon. The Undersigned X❑ HAS ❑ HAS NOT (check applicable status) complied with any Affirmative Action Requirements included within the procurement documents. The Undersigned agrees, if awarded a Contract, to comply with the provisions of ORS 279C.800 through 279C.870 pertaining to the payment of the prevailing rates of wage. The Undersigned's CCB registration number is 65821 with an expiration date of 06/16/2022 . As a condition to submitting a Bid, a Contractor trust be registered with the Oregon Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration number. Failure to register and disclose the number will make the Bid unresponsive and it will be rejected unless contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to the City prior to the beginning of any of the work that the Undersigned 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. The successful Bidder hereby certifies that all subcontractors who will perforin construction work as described in ORS 701.005(2)were registered with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 at the time the subcontractor(s)made a Bid to work under the Contract. The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State of Oregon, its Worker's Compensation Insurance provider is N/A Policy No. and that Undersigned shall submit Certificates of Insurance as required. Name of Company: VSS International, Inc. Company Address: 3785 Channel Drive West Sacramento, CA 95691 Federal Tax ID: 94-2270766 Telephone: 916-373-1500 Email: vssi_contracts@slurry.com Page 7 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that the firm meets the qualifications necessary to perform this Work as outlined in the Invitation Bid. I understand that I will be required to provide necessary information to verify that the firm meets th qualifications if selected for the subsequent Contract. Authorized Signature: Printed Name&Title: Jordan Ree/Secretary/Treasurer Date: 04/05/2/22 Payment information will be reported to the IRS under the name and feder 1 taxpayer ID number provided above. Information not matching IRS records or not provided to the Ci could subject the successful Contractor to a twenty eight percent(28%)backup withholding. Page 8 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 SCOPE FOR BID SCHEDULE Measurement and payment for all Work shown or specified herein will be made on a unit or lump sum price basis in accordance with the prices set forth in the Bid Schedule for individual items of Work. Contractor shall make a careful assessment when preparing the Bid. The items listed below refer to and are the same pay items listed in the Bid Schedule. They constitute all of the pay items for the completion of the Work. No direct or separate payment will be made for providing miscellaneous temporary or accessory services or all other items not specifically named in specific Bid item description and needed for prosecution of the Work, and all other requirement of the Contract Documents. Compensation for all such services, things and materials shall be included in the prices stipulated for the lump sum and unit price pay items listed herein. The prices stated in the Bid Schedule,include overhead and profit and all costs and expenses for bonds,insurance, taxes, labor, equipment, materials, commissions, transportation charges and expenses,patent fees and royalties, labor for handling materials during inspection,together with any and all other costs and expenses for performing and completing the Work, complete and in place, as shown on the Plans and specified herein. The basis of payment for an item at the lump sum or unit price shown in the Bid Schedule shall be in accordance with the description of that item in this Section. BID ITEM DEscRiPTIONs: 2022 PAVEMENT MANAGEMENT PROGRAM—PREVENTATIVE MAINTENANCE BID ITEM DESCRIPTIONS: BID ITEM NO. 1. MOBILIZATION Comply with Section 00210 of the Standard Specifications. Measurement shall be on a lump sum (LS)basis per Section 00210.80 of the Standard Specifications. Payment shall be per Section 00210.90 of the Standard Specifications, including all preparatory work and operations necessary for the movement of personnel,equipment,materials and incidentals to the project site and for all other costs incurred before the beginning of work as well as any other work included in the Contract Documents which is not specifically listed in other Bid items. The amounts paid for mobilization in the Contract progress payment will be based on the percentage of the Original Contract amount that is earned from other Contract items. When 5%is earned,either 50%of the amount for mobilization or 5%of the original Contract amount,whichever is the least. When 10%is earned,either 100%of mobilization or 10%of the original Contract amount,whichever is the least. When all work is completed,amount of mobilization exceeding 10%of the original Contract amount. This schedule of mobilization progress payments will not limit or preclude progress payments otherwise provided by the Contract. Page 9 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 BID ITEM NO.2. PROJECT NOTIFICATION SIGNING Comply with Section 00225 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a lump sum (IS)basis per Section 00225.80 of the Standard Specifications. Payment shall be per Section 00225.90 of the Standard Specifications,including all labor, equipment, materials and all other miscellaneous incidentals and work necessary to locate,relocate,update,maintain and furnish(when required)all project notification signs including no parking signage. The City may deduct payment under this bid item when all signage and notification requirements of the Contract are not met. Reduction amounts will be at the full discretion of the Engineer. BID ITEM NO.3. TYPE II SLURRY SEAL Comply with Section 00706 of the Standard Specifications and as modified in the Special Provisions. Measurement shall be on a square yard(SY) basis per Section 00706.80. Payment for this item shall be on a square yard basis per Section 00706.90 and represents full payment for all labor,equipment,and materials necessary to construct a Type II slurry as required by the plans. No separate or additional payment will be made to provide temporary traffic control as specified in the plans and Special Provisions, clean existing surfaces, remove existing pavement markings, place temporary pavement markings, protect adjacent surfaces and protect the work from public damage. BID ITEM NO.4. MONO-DIRECTIONAL WHITE TYPE 1AR MARKERS BID ITEM NO.5. BI-DIRECTIONAL YELLOW TYPE 1AR MARKERS Comply with Section 00855 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each(EA) basis per Section 00855.80. Payment shall be on a per each basis per Section 00855.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to complete the work as specified including all surface cleaning, traffic control,adhesives and clean up. BID ITEM NO.6. THERMOPLASTIC,EXTRUDED,SURFACE,NON-PROFILED Comply with Section 00865 of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a linear foot(LF)basis per Section 00865.80. Payment shall be on a linear foot basis per Section 00865.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to complete the work as specified including all surface cleaning,striping layout,traffic control and protection of the work. BID ITEM NO.7. PAVEMENT LEGEND,TYPE B-HS:ARROWS BID ITEM NO. 8. PAVEMENT LEGEND,TYPE B-HS: "SCHOOL" BID ITEM NO.9. PAVEMENT LEGEND,TYPE B-HS:BICYCLE LANE STENCIL BID ITEM NO.10. PAVEMENT LEGEND,TYPE B-HS: SHARROW BID ITEM NO.11. PAVEMENT LEGEND,TYPE B-HS: "BUMP" Page 10 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 BID ITEM NO. 12. PAVEMENT LEGEND,TYPE B-HS: "SPEED CUSHION—TYPE A" BID ITEM NO. 13. PAVEMENT LEGEND,TYPE B-HS: "SPEED CUSHION—TYPE B" Comply with Section 00867of the Standard Specifications as modified in the Special Provisions. Measurement shall be on a per each(EA) basis per Section 00867.80. Payment shall be on a per each basis per Section 00867.90 including all labor,equipment,materials,and all other miscellaneous incidentals and work necessary to complete the work as specified including all surface cleaning, striping layout,traffic control and protection of the work. BID ITEM NO.14. PAVEMENTBAR,TYPE B-HS: Comply with Section 00867of the Standard Specifications as modified in the Special Provisions. Measurement shall be on an area(SF) basis per Section 00867.80. Payment shall be on an area basis per Section 00867.90 including all labor, equipment, materials, and all other miscellaneous incidentals and work necessary to complete the work as specified including all surface cleaning, striping layout,traffic control and protection of the work. Page 11 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ATTACHMENT C—ACKNOWLEDGMENT OI%ADDENDA CITY OF TIGARD 2022PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: I{uore mceived m i* 'None Received" 1. 3. 2, 4. 04/05/2022 Date Signature ofPr oser Jordan R d, Secretary/ Treasurer Title VSSternational, Inc. Coif •ate Name Page 12 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ATTACHMENT D—BID CERTIFICATION CITY OF TiGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Non-discrimination Clause The Bidder agrees not to discriminate against any client,employee or applicant for employment or for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination;rates of pay or other forms of compensation;selection for training;rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order or Bidder from the City,unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Jordan Reed,Secretary/Treasurer Firm Name: VSS International, Inc. Address: 3785 Channel Drive West Sacramento, CA 95691 Officer's signature: T3,pe or print officer's name: Jordan Reed,Seetary/Treasurer Page 13 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM CITY OF TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE BID#: CIP 2022-95001-SS CLOSING DATE: Thursday,April 14,2022 Time: 2:00 PM PST This form must be submitted at the location specified in the Advertisement for Bids on the advertised Bid closing date and within two working hours after the advertised Bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed,the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED). NAME DOLLAR VALUE CATEGORY OF WORK 1) Hicks Striping&Curbing, LLC $ 106,980.00 Striping 2) $ 3) $ 4) $ Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid will not be considered for award. Form submitted by(Bidder name): VSS International, Inc. Contact name: Scott Youngren, Estimator Phone#:916-373-1500 Page 14 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ATTACHMENT F--BID BOND CrrY of TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE We, VSS International, Inc. ,as"Principal," (Name of Principal) and Western Surety Company an SD Corporation, (Name of Surety) authorized to transact Surety business in the State of Oregon, as "Surety," hereby jointly and severally bind ourselves,out respective heirs,executors,administrators,successors,and assigns to pay unto the City of Tigard ("Obligee")the sum of Ten Percent of Amount Bid and_/100 Dollars ($ 10% ). WHEREAS,the condition of the obligation of this bond is the Principal has submitted a Bid to the Obligee in response to Obligee's solicitation for the project identified as 2019 Pavement Management Program — Preventative Maintenance,which Bid is made a part of this bond by reference,and Principal is required to furnish Bid security in an amount equal to ten percent(10%) of the total amount of the Bid pursuant to the solicitation document. NOW,THEREFORE,if the Bid submitted by Principal is accepted,and if a Contract pursuant to the Bid is awarded to Principal,and if Principal enters into and executes such Contract within the time specified in the said documents and delivers to Obligee its good and sufficient Performance Bond and Payment Bond required by Obligee within the time fixed by Obligee,then this obligation shall be void,otherwise,it shall remain in full force and effect. IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 5th day of April , 2022 PRINCIPAL: VSS Inte tonal, Inc. gl7RETy: Western Surety Company By: BY ATTORNEY-IN-FACT Si a e Steven N. Passerine Y Prin ame Printe am Att t: --'1� &=L)�--7 Signature f 910 Pleasant Grove Blvd. Suite 120-347 Address Roseville, CA 95678 City State Gip Pagu 15 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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 Contra Costa ) On—APR `� st ���-1 before me, Anibal Samuel Campos,Notary Public Date Here Insert Name and Title of the Officer personally appeared Steven N. Passerine Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State bf California that the foregoing paragraph is true and correct. *my ANIBA.L SAMUEL CAMPOS Notary Public-California WITNESS my hand and official seal. San Mateo County Commission Y 2 9, 2 Comm.Expires Feb.b9,2026 Signature _ - - Signature of Notary Public Place Notary Seal Above OPr►ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer —Titie(s): ❑Corporate Officer —Title(s): ❑Partner-- ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑individual N Attorney in t=act ❑Individual ❑Attorney In Fact ©Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator O Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association-www.NationalNotary.org•1-800-US NOTARY(1-800-876-6627) DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 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 corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute mid appoint Steven N Passerine, Kathleen E Earle, Benjamin Wolfe, Anibal Samuel Campos, Chelsea Arnold,Individually of San Ramon,CA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of June,2021. WESTERN SURETY COMPANY 19 Paul T.Bruflat,Vice President State of South Dakota ss County ofMinnehaha On this 21st day of June,2021,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed lire 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 .................... "" t M.BENT ± NOTARY PUBLICi March 2,2026 SEAL SOUTH DAKOTA SEAL 1 �?x_r� ..,.,...,..,s,,,., ..,. M.Bent,Notary Public CERTIFICATE I,L,Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 5th day of April,2022. s5acrr•.� WESTERN SURETY COMPANY d3` :Ya S k x "s V heti L.Nelson,Assistant Secretary Fonu F4290-7-2012 Go to www.cnasurety.com>Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ACKNOWLEDGMENT 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 Yolo On April 5, 2022 before me, Maria Prado, Notary Public (insert name and title of the officer) personally appeared Jordan Reed who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ^ ®-=- } MAR�Aubl PRA DO Notary Public-California Yalo County Commission#2337236 q My Comm.Exnlfes Nav 13,2024 Signatu (Seal) . DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 Contract No: CP22010 ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT PWR COVERED PROJECT CITY OF TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE THIS CONTRACT, made and entered into this 25`' day of May, 2022, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and VSS International, 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 Contract Documents; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services to be Provided Contractor's services under this Agreement shall consist of the following: A. Temporary traffic control and temporary erosion control B. Application of slurry seal on residential streets C. Removal and application of pavement striping and markings on residential streets D. Performance of additional and incidental work as called for by the specifications and plans. 2. 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. 3. EFFECTIVE DATE AND DURATION This Agreement is effective upon notice to proceed issued by the City and shall be substantially completed by August 31,2022. 4. Compensation A. City agrees to pay Contractor Six Hundred Eighty Thousand Three Hundred Twenty Five and No/100 Dollars ($680,325.00) for performance of those services provided herein. B. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this Contract during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard City Council. 5. 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: Page 16 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 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 parry judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute;or 2) If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the Contract. B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City under this Agreement C. Termination under any provision of this paragraph shall not affect any right, obligation, or liability of Contractor or City which accrued prior to such termination. 6. 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 Page 17 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 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. 7. 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 parry 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. 8. 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. 9. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract,the parties agree that the losing parry 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. 10. 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. 11. Indemnification 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 sole 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. 12. Insurance Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this Contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its Subcontractors of any tier. 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 shall provide at least the following limits and coverages: Page 18 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 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, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance: The Contractor, its Subcontractors, if any, and all employers providing work,labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers'compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. D. Additional Insured Provision: The City of Tigard,Oregon,its officers,directors,and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The insurance carrier shall have a minimum of an AM Best Rating "A"with a financial strength of VII or better. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Certificates of Insurance: A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company,or at the discretion of City,in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of all such insurance provisions of this Contract shall be forwarded to: City of Tigard Attn: Office of Contracts and Purchasing 13125 SW Hall Blvd Tigard,Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work and no Contract shall be affected until the required certificates have been received and approved by the City. Ten days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance.A renewal certificate will be sent to the above address 10 days prior to coverage expiration. The procuring of such required insurance shall not be construed to Page 19 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury,or loss connected with this Contract. G. Primary Coverage Clarification: All parties to this contract hereby agree that the contractor's coverage will be primary in the event of a loss. H. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be included in all general liability,and pollution policies required by this Contract. 13. 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 email. Notices,bills and payments sent by email should be addressed as follows: CITY OF TIGARD VSS INTERNATIONAL,INC Atm: Nichole George Atm: Jordan Reed Address: 13125 SW Hall Boulevard Address: 3785 Channel Dr Tigard,Oregon 97223 West Sacramento,CA 95691 Phone: (503) 718-2584 Phone: (916)373-1500 Email: NicholeG&tigard-or.gov Email: vssi contracts&lur .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. Invoices shall list each project separately with work completed and amount due for each. 14. Severabilitv 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. 15. Complete Agreement This Agreement constitutes the entire Agreement between the parties. No waiver,consent,modification,or change of terms of this Agreement shall bind either parry unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement,understands it and agrees to be bound by its terms and conditions. Page 20 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized officials. CITY OF TIGARD VSS INTERNATIONAL,INC. DOouSlgned by: DoeuSigned by: By: Shue. KAW By: 3 )?kyf Steve Rymer Jeff Roberts Name: Name: Title: city Manager Title: senior vice President Date: 6/8/2022 Date: 5/31/2022 Page 21 X DocuSign Envelope ID: 8F2B503C463A40CE-AD51-63F692B14D31 Executed in Duplicate Premium: $2,041 .00 ATTACHMENT H — PERFORMANCE BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Bond Number: 30160485 Project Name: 2022 Pavement Management Program Preventative Maintenance Western Surety Company (Surety #1) Bond Amount No. 1 : $ 680,325.00 (Surety #2)* Bond Amount No. 2:* $ * Ifnsdngmvltrplesnroties Total Penal Sum of Bond: $ 6805325.00 We, VSS International, Inc. 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 firmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond) Six Hundred Eighty Thousand Three Hundred Twenty Five and Noll00-- ($6807325.00) (Provided, that we the Sureties bind ourselves in such suin "jointly and severally" as well as "severally" only for the purpose of allowiilg a joint action or actions against any or all of us, and for all other proposed 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, terns, 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, die Principal has agreed to perform the Contract in accordance with the terns, 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 die Surety: NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH dint if the Principal herein shall faithfully and truly observe and comply with the terms of the Contract and performs the Contract within the time prescribed by the Contract, then this obligation is null and void; otherwise, it shall remain in full force and effect If the Contractor is declared by City to be in default under the Contract, the surety shall promptly remedy the default, perform all of Contractor's obligations under the Contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract This obligation jointly and severally binds the Contractor and surety and their respected heirs, executors, administrators, and successors. Nonpayment of the bond premium shall not invalidate this bond, nor shall the City of Tigard be obligated for the payment of any premiums. Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the Work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of Page 22 DowSign Envelope ID: BF2B503C-463A40CE-AD51-63F692B74D31 any such change, extension of time, alteration, or addition to the terms of the Contract or to the Work or to the specifications. This Performance Bond shall also guarantee the subject project against defects in materials or workmanship for a period of one (1) year from the date of written Substantial Completion acceptance of the subject project by the City of Tigard. IN WITNESS WHEREOF, WE 14AVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES. Dated this 2nd day of June 4 2022 PRINCIPAL: VSS Inter ional , Inc, By: Si Jordan R ;treasurer Prin ed Name & Title Attest: SURETY; West rn Sure Company (Add sign nsfor each .surety ifusingmaltiple bond) BY ATTORNEY-IN-FACT: (Power-of-A#om5y must aaompany each suety bond) Steven N . Passerine, Attorney-in-Fact N Signature 910 Pleasant Grove Blvd. Suite 120-347 Address Roseville, CA 95678 City State Zip 925-884-2286 Phone Fax Page 23 CALIFORNIA NOTARY ACKNOWLEDGEMENT 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 Yolo On June 2 . 2022 before me, Laura Wicklander, Notary Public (insert name and title of the officer) , personally appeared Jordan Reed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person (s) , or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal . tg DURA WICK4ANDER Notary Public , California 9 - Yolo County Commission # 2379737 Signature (Seal) My Comm. Expires Oct 23. 2025 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ceniticats is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Contra Costa ) On June 2 , 2022 before me, Anibal Samuel Campos, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steven N . Passerine Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorised capacity0es), and that by his/her/their signature(s) on the instrument the person(s), or the entity ,upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANI�a WITNESS my hand and official seal. 1 Notary utnicE_ CnMPCS / "4 Noury °�o,lc CailfaFnia I 1 San scionMateCounty Commission o 2390fi02 My Comm. Wires Feb 9: 2026 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual H Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: . 02014 National Notary Association a www.NafionalNotary.org • lw=0 US NOTARY (1 -800-876-8827) Western r ty 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 corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute mid appoint Steven N Passerine, Kathleen E Earle, Benjamin Wolfe, Anibal Samuel Campos, Chelsea Arnold, Individually of San Raman, CA, its We and lawful Attomey(sf-in-Fact with fill power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - mrd to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursumit to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21 st day of June, 2021 . WESTERN SURETY COMPANY {�POgq��i i �l rH UPµ and T. BNfIa[, VICe President State of South Dakota 1 fCounty ofMinnehalra ss Oil this 21st day of June, 2021, before me personally came Paul T. Bmflat, to me (mown, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of Saudi Dakota; that he is Ole Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows die seal of said corporation; that the seal affixed to the said inshument is such corporate seal; Olat it was so affixed pursuant to authority given by Ole Board of Directors of said corporation mid that he signed his name thereto pursuant to like authority, and acknowledges � same to he the act and deed of said corporation. I My commission expiresM. BENT E SOUTH onxamAlor"F/i March 2, 2026 M. Bent, Notary Public CF,RTIFICATE (� I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that Ole Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of Ole corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seat of the said corporation this 2nd day of June, 2022. F , ^yµiety WESTERN SURETY COMPANY Iwo `opPOgq�, r g;i1(s\SE Ay;�+� bPµ04 e247 / L. Nelson, Assistant Secretary Fomr F4280-7-2012 Go to ovaUOv,gfasurety.cor_tt > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. Tile corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. I i i I, I I i I DowSign Envelope ID: 8F2B503CA63A-40CE-AD51-63F692B14D31 Executed in Duplicate ATTACHMENT I — PAYMENT BOND Premium Included in Performance Bond PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Bond Number. 30160485 Project Name: 2022 Pavement Management Program Preventative Maintenance Western Surety Company (Surety #1) Bond Amount No. 1 : $ 680,325.00 (Surety #2)* Bond Amount No. 2:* $ * Ifujiug multple suitlier Total Penal Sum of Bond: $ 680,325.00 We, VSS International, Inc. 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 fit my by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond) Six Hundred Eighty Thousand Three Hundred Twenty Five and No/100— ($680,325.00) (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 to be performed under said Contract and any duly authorized modifications that are made, upon the terms set forth therein, and within the tine prescribed therein, or as extended therein as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the City of Tigard its officers, 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 aiising out of the performance of the Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor, materials, or both to the Principal or its subcontractors for prosecution of cine 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 die performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien nor claim to be filed or prosecuted against the City on account of any labor. or Page 24 DocuSign Envelope ID: 8F2B503Gv163A-40CE-AD51E3F692B14D31 materials famished; 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. IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES. Dated this 2nd dayof June 2022 PRINCIPAL: VSS Intern nal , Inc. By skature Jordan Ree , Treasurer P ' ted Name & Tide Attest: SURETY: a tern Surety Company (Add ' atunsforeacbsmeyifusing)Mrhipkbonds) BYATTORNEYAN-FACT: (Power-of-Attorney must accompany eacb suety bond) Steven N . Passerin Attorney-in-Fact Name Signature 910 Pleasant Grove Blvd , Suite 120-347 Address Roseville, CA 95678 City State Zip 925-884-2286 Phone Fax Page 25 CALIFORNIA NOTARY ACKNOWLEDGEMENT 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 Yolo On June 2. 2022 before me, Laura Wicklander, Notary Public (insert name and title of the officer) , personally appeared Jordan Reed who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal . am LALA WICKLANDER Notary Public • California _ Yom County Commission $ 2379737 Signature G' (Seal) y Comm. Expires Oct 23. 2025 ' CALIFORNUI ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Contra Costa ) On June 2 , 2022 before me, Anibal Samuel Campos, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steven N . Passerine Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorised capacity(Jes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANIBAL SAMUEL CAMPOS WITNESS my hand and official Seel. Notary Punk California .�—F San Mateo County f Commhsion Y 2890602 My Comm. Expires fetr9, 2026 Signature - - ' _ Signature of Notary Public Place Notary Seat Above OPTIONAL j Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual N Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other. Signer Is Representing: Signer Is Representing: . ©2014 National Notary Association • www.NationalNotaryorg • 1 -800•US NOTARY (1 -800.876-6827) 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 corporation having its principal office in the City of Sioux Falls, mid State of South Dakota, and that it does by virhrc of the signature and seal herein affixed hereby make, constitute mrd appoint Steven 161 Passerine, Kathleen E Earle, Benjamin Wolfe, Anibal Samuel Campos, Chelsea Arnold, Individually of Sal Ramon, CA, its true and lawfit Attomey(s)-in-Fact with fill power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to die authority hereby given, are hereby ratified mid confirmed. This Power of Attorney is made mid executed pursuant to and by authority of the By-Law printed on tine reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21 st day of June, 2021 . �PEWESTERN SURETY COMPANY 44C 100414 .'zI Paul T. Bmflat, Vice Presi1z 74 dent State of South Dakota 1 J( ss County of Minnehalna On this 2tst day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose mid say: that he resides in die City of Sioux Falls, Stale of South Dakota; that he is die Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows die seal of said corporation; that the seal affixed to the said unstmment 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 nave thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. R My commission expires ryh BENT ixvoaiono R '. March 2, 2026 M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Prover of Attorney hereinabove set forth is still in force, and further corlify that tine By-Law of the corporation printed on die reverse hereof is still in forcelin testimony whereof 1 have hereunto subscribed my name and affixed tie seal of the said corporation this 2nd day of June, 2022. WESTERN SURETY COMPANY aw@°aeopg21®5 senvl e �� 61 L. P L. Nelson, Assistant Secretary Form 174280-7-2012 Go to _wwvd.enasurety.eorn > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. i Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. I, i I I I i i t jl DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 ATTACHMENT J—OREGON PREVAILING WAGE RATES CITY OF TIGARD 2022 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE May be downloaded from:htW://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.asl2x Page 26 DocuSign Envelope ID:8F2B503C-463A-40CE-AD51-63F692B14D31 EXHIBIT A COVID-19 VACCINATION ATTESTATION City of Tigard Personnel Policy 80.0 COVID-19 Vaccination Requirement requires contractors must be full vaccinated for the COVID-19 virus or have a documented medical or religious exemption if the contractor personnel will (a) physically interact with Tigard staff or members of the public on behalf of the City in the course of performing work under the contract or (b) provide goods or perform services on-site at City buildings. If you are unsure whether the vaccination requirement applies to you, please contact your Tigard contract administrator/project manager to discuss further. By signing this form,I certify and attest to the following: ® I am authorized to sign this certification on behalf of contractor and am authorized to legally bind contractor. ® Contractor will not allow any unvaccinated employees,workers, or agents of the organization to perform any services or provide goods pursuant to this City of Tigard contract where such work includes (a) physically interacting with Tigard staff or members of the public on behalf of the City in the course of performing work under this contract or (b) provide goods or perform services on-site at City buildings. ® Contractor will ensure that any employees,workers, or agents of the organization engaged in work pursuant to this contract will adhere to any and all of the City's health and safety guidelines for the location where the work is performed, including wearing face coverings, distancing from others,and isolating or quarantining if exposed to or contracting COVID-19. ® Contractor understands and agrees that failure to comply with these requirements,which are hereby incorporated by reference as part of the terms and conditions in the Agreement, may result in the termination of contract for default. Teff Roberts Print Name 5/31/2022 Date �DoeuSRIIgh by: Signature Rev. 11/21