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City of Tigard.
13125 SW Hall Blvd
Tigard,Oregon 97223
Phone: 503-639-4171
Fax: 503-684-2797
CON'T'RACT DOCUMENTS
for the construction of
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
Asphaltic Concrete Overlay
Project No.: CIP 2010-00004
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Approved by:Tfreodore S.Ile;P. -Engineer
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Bid Proposals Due&Bids Open:July 28,2010-2:00 PM
Version Date: July 15,2010
CITY OF TIGARD, OREGON
TIGARD
CONTRACTDOCUMENTS
FY 2010-11 PAVEMENT MANAGEMENT.PROGRAM
Asphaltic Concrete Overlay
DATE DUE: July 28,2010
TIME DUE: 2:00 PM
Envelopes must be sealed and marked with project title.
Bidders must submit one (1) original of their Bid.
If a bid exceeds$100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in
this packet,to the City no later than 4:00 PM,July 28,2010.
wry- �, s.r��. .nn+.�-�. .,.1 ¢•s+aiBf. �. � i. 'tM
Mike McCarthy,P.E. Joe Barrett,Sr. Management Analyst
City of Tigard,Public Works Engineering City of Tigard,Procurement Office
Phone: 503-718-2462 Phone: 503-718-2477
Fax: 503-624-0752 Fax: 503-684-2797
Email: mikem@tigard-or.gov Email: joseph@ti� e�Lgov
SUBMIT BIDS TO:
Joe Barrett, Sr. Management Analyst
City of Tigard—Information Desk
13125 SW Hall Blvd
Tigard, Oregon 97223
Page 2
CITY OF TIGARD
ADVERTISEMENT FOR BIDS
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
ASPHALTIC CONCRETE OVERLAY
The City of Tigard will receive sealed bids from qualified firms at Tigard City Hall's Information Desk at 13125
SW Hall Blvd., Tigard, Oregon 97223 until 2:00 PM local time,July 28, 2010 for the FY 2010-11 Pavement
Management Program-Asphalt Concrete Overlays construction project. Bids will be opened and publicly read
aloud immediately after the bid's closing time and date at Tigard City Hall.
The project,Asphalt Concrete Overlays,generally consists of the following-
1.
ollowing1. Asphaltic concrete overlays
2. Asphalt concrete and base removal and repair
3. Temporary signage,protection,and traffic control
4. Striping and Pavement Marking
5. Performance of additional and incidental work as called for by the specifications and plans.
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 base bid_ Bidders must submit a First Tier
Subcontractor Disclosure Form, provided in this packet, to the City no later than 4:00 PM local time,July 28,
2010.
The City anticipates this will be a prevailing wage rate project. 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 Invitation to 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 PWR law.
No bid will be considered unless fully completed in a manner provided in the bid packet. Facsimile and
electronic (email) bids will not be accepted nor will bids be accepted after the stated opening date and time.
Bids received after the closing time will be returned to the submitting firm unopened after a contract has
been awarded for the required services.
Bid packets may be obtained in person at Tigard City Hall's Information Desk located at 13125 SW Hall
Blvd.,Tigard, Oregon 97223, or by contacting Joe Barrett,Sr. Management Analyst, at either (503) 718-2477
or j_osephQtigard-or.gov. 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.
Published: Daily Journal of Commerce
Date: July 19, 2010
Published: The Oregonian
Date: July 19, 2010
Page 3
TABLE OF CONTENTS
TITLE PAGE
Title Page,---------------- ---__2
-------------------------------------------------------------------------------------
Advertisement for Bids - 3
--------------
Table of Content 4
INSTRUCTIONS TO BIDDERS
Section 00120 Bidding Requirements and Procedures--------------------------------------------------------------5
Section 00130 Award and Execution of Contract___ _________ _________ _________ _________ _______________14
BID BOOKLET
Attachment A Proposal---------------------------------------------------- ---18
Attachment B Acknowledgement of Addenda_____________________ 22
---------------------------------------
_________
Attachment C Bid Certifications____________ -------------------------------- ______-_______23
---------------------------------
Attachment D First Tier Subcontract Disclosure Form________________________________________________________24
Attachment E Bid Bond Form----------------------------------------------------------------------------------------------25
CONTRACT BOOKLET
Attachment F Public Improvement Contract_______________________ 26
--------------------------------------------
__--
Attachment G Performance Bond Form--------------------------------------------------------------------------------40
Attachment H Payment Bond Form_______________ _-__42
-------------------------------------------------------------------
Attachment I Supplementary General Conditions-------------------------------------------------------____-__-_44
Attachment J Special Provisions____________________________ 45
Attachment K Standard Details---------------------------------------------------- 55
--------------------------------------
--__
Attachment L Oregon BOLI Prevailing Wage Rates-__________________________ ______56
DRAWINGS
Dated July 15,2010----------------------------------------------___Drawings pages 1 through 17
Page 4
SECTION 00120-BIDDING REQUIREMENTS AND PROCEDURES
This Section replaces Section 00120 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00120.00 Bid Closing Time and Date-The advertisement included in the Bid Booklet sets the deadline
date and time for submitting bids.
00120.01 General Bidding Requirements-Bidders may obtain and submit Bids by paper before the
deadline stated in the Advertisement for Bid and at the location stated in the Advertisement for Bid.
00120.05 Requests for Solicitation Documents-Informational Plans and Specifications (not for bidding)
are available at the City of Tigard, 13125 SW Hall Blvd.Tigard,OR 97223 at no charge. Copies of the Oregon
Standard Specifications may be purchased at the ODOT Procurement Office-Construction,Contractor Plans,
455 Airport Road SE,Building K,Salem,Oregon 97301-5348 (telephone (503) 986-6936). The Oregon
Standard Specification can be obtained on line free of charge at
htW:ZZwww oregon gov/ODOT/HWY/SPECS/standard specifications.shtml_
(a) Paper Bids-Bidders must obtain Solicitation Documents from the City of Tigard,13125 SW Hall
Blvd_,Tigard,OR 97223. Each request must include both the name of the person ordering or
obtaining the Solicitation Documents,and the name of the Entity intending to use them. (The City will
add the name of the Entity intending to use the Solicitation Documents to the list of Holders of
Bidding Plans.) Bidders are cautioned that only Solicitation Documents obtained from the City of
Tigard may be used to submit Bids.
(b) Standards and Specifications-The work embraced herein shall be done in accordance with the
following standards and specifications.
City of Tigard Public Improvement Design Standards,-----_------- ------Download from the City's web site
Supplementary General Conditions_______________________________________________________________Included in the Bid Booklet
Oregon Standard Specifications Version 2008-Volume 2___________________________________Available from ODOT
(See web site address above)
Copies of these standards and specifications can be found at the locations stated above.
00120.10 Bid Booklet-The Bid Booklet may include,but is not limited to:
• Proposal
• Acknowledgement of Addenda
• Bid Certifications
• First Tier Subcontractor Disclosure
• Bid Bond
By signing the Certificate of non-collusion,Bidder certifies that this bid/proposal has been arrived at
independently and has been submitted without collusion designed to limit independent bidding or competition.
00120.15 Examination of Work Site and Solicitation Documents;Consideration of Conditions to be
Encountered-Before submitting a Bid,Bidders shall carefully examine the site of the proposed Work,the Bid
Booklet,Plans,and Specifications. Bidders shall also contact Utility owners to verify all Utilities'anticipated
involvement on the Project Site. Bidders are also encouraged to review any subsurface investigation material
referenced in 00120.25 that may be available. Submission of a Bid will constitute confirmation that the Bidder
has examined the Project Site and Solicitation Documents,finds the Plans and Specifications to be sufficiently
detailed and accurate to enable Bidder to properly perform the Work,and understands the conditions to be
encountered in performing the Work and all requirements of the Contract.
Page 5
The City and its employees will not be responsible for loss,or unanticipated costs suffered by the Bidder
because of the Bidder's failure to become fully informed about A conditions of the Work,or failure to request
clarification of Plans and Specifications Bidder believes to be erroneous or incomplete.
(a) Clarifications-Any clarification of Plans and Specifications needed by the Bidder shall be requested in
writing through the Procurement Office. Requests shall be made in sufficient time for the Agency's
reply to reach all Bidders before Bid Closing. Oral explanations or interpretations given before
receiving Bids for a Project will not be binding. To be binding,interpretation of the Plans and
Specifications by the City must be made by written Addendum furnished to all Holders of Bidding
Plans according to 00120.30. Notification of erroneous or incomplete Plans or Specifications shall also
be submitted to the Procurement Office. Such notification shall also be made in sufficient time for the
City to make any necessary modifications and issue Addenda to Bidders prior to Bid Closing.
(b) Protest of Specifications or Terms-A bidder who believes any specifications or terms detailed in the
bid packet or sample contract(Attachment F) are unnecessarily restrictive or limit competition may
submit a protest in writing,to the Procurement Office. A protest may be submitted via facsimile. Any
such protest shall include the reasons for the protest and shall detail any proposed changes to the
specifications or terms. The Procurement Office shall respond to any protest and,if necessary,shall
issue any appropriate revisions,substitutions,or clarification via addenda to all interested Bidders.
To be considered,protests must be received at least seven- (7) calendar days before the bid closing date_
The City shall not consider any protest against award due to the content of bid specifications or
contract terms submitted after the established protest deadline. All protests should be directed to the
Procurement Office and be marked as follows:
Bid Specification/Tern Protest
FY 2010-11 Pavement Management Program—Asphalt Concrete Overlays,July 28,2010
City of Tigard
Attn: Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd_
Tigard,Oregon 97223
If a bid protest is received in accordance with section above,the bid opening date may be extended if
necessary to allow consideration of the protest and issuance of any necessary addenda to the bid
documents.
The City is not obligated to consider any protests unless the issue has first been submitted for
clarification and a decision issued under subparagraph (a) above.
00120.16 Material,Equipment,and Method Substitutions-When the Contract specifies certain
Materials,Equipment,and/or methods,the Bidder shall include those Materials,Equipment,and/or methods
in the Bid unless the Engineer has issued an Addendum granting approval to substitute. The procedure for
requesting approval is as follows:
(a) Written Request-If a Bidder proposes to use Materials,Equipment and/or methods other than
those specified,the Bidder shall send a written request to the Engineer,at least seven Calendar Days
prior to Bid Opening,including complete descriptive and technical information on the proposed
Materials,Equipment and/or methods.
(b) Functional Similarity-Materials and Equipment proposed for substitution shall be similar in
design,and equal or better in quality and function to those specified.
Page 6
(c) Manufacturer's Information-If manufacturers'brochures or information is needed, the Bidder
shall submit three copies of each with all pertinent information clearly marked.
(d) Differences -The Bidder shall specifically note all differences between the specified Materials,
Equipment and/or methods and the proposed substitutes.
(e) Cost-Where a substitute will result in alteration of the design or space requirements, or any other
modifications to the Plans,the Bidder shall include in the substitution request all items of cost for
the revised design and construction.
(f) Notification of Holders of Bidding Plans- If the Engineer approves any proposed substitution,
such approval,and any modifications necessitated to the design and construction by the
substitution,will be acknowledged by Addenda.
Unless the Engineer has approved substitutions of Materials,Equipment, and/or methods prior to
opening of Bids, the Bidder shall furnish the items specified in the Contract. Substitution after
Award is specified in 00180.31(b), 00180.31(c),and 00180.31(d).
00120.17 Use of City-Owned Land for Staging or Storage Areas-The Contractor may use Agency-
owned property for staging or storage areas,subject to the following limitations:
(a) Within Normal Right-of-Way Limits-If approved by the Engineer,the Contractor may use
available property within the normal Right-of-Way limits for the purpose of constructing
improvements under the Contract. Where the City owns,or has rights to,other adjacent properties
in the Project atea, "normal Right-of-Way" is limited to a line drawn across that property connecting
the normal Right-of-Way limits on either side of the property.
(b) Outside Normal Right-of-Way Limits-The Contractor may not use City-owned property
outside of normal Right-of-Way limits for the Project without the approval of the City. If a Bidder
obtains approval before submitting a Bid,use of the property will be at no cost to the Contractor,or
at a cost stated by the Engineer upon granting approval,as confirmed by Addendum.
If approval is not obtained before submitting a Bid,and the Contractor proposes to use City-owned
property outside the normal Right-of-Way limits,then use of the property may be approved by the
Engineer,but the Contractor will be assessed fair market value,as determined by the Engineer, for
use of the property.
(c) Restrictions on Use- Contractors shall comply with all applicable laws, ordinances, and regulations
pertaining to use of City-owned property,and shall:
• Not cause unreasonable impacts on traffic and other facility users.
• Clean up all hazardous materials deposited by, or resulting from,Contractor operations.
• Be responsible for all costs associated with use of the property.
00120.20 Interpretation of Quantities in Bid Schedule-Quantities appearing in the Bid Schedule are
approximate and are provided only for comparison of Bids. The City does not warrant that the actual
individual items,amount of Work,or quantities will correspond to those shown in the Bid Schedule_ Payment
to the Contractor will be made only for actual quantities of Work performed and accepted or Materials
furnished and accepted,as required by the Contract. Quantities of Work to be performed and Materials to be
furnished may each be increased,decreased, or omitted as provided in 00120.30 and 00140.30.
Page 7
00120.25 Subsurface Investigations-If the City or its consultant has conducted subsurface or geologic
investigations of the proposed Project Site,the results of the investigations may be included in wtitten reports.
If reports have been prepared,copies will be available at the Engineer's office. If the City has retained
subsurface samples,they will also be available for inspection. Bidders and the Contractor may make
arrangements for viewing the samples through the City's office.
The availability,of subsurface information from the City is solely for the convenience of the Bidder and shall
not relieve the Bidder or the Contractor of any risk,duty to make examinations and investigations as required
by 00120.15,or other responsibility under the Contract Documents. It is mutually agreed to by all parties that:
• The written report(s) are reference documents and not part of the Contract Documents.
• The subsurface investigations made by the City are for the purpose of obtaining data for planning
and design of the Project.
• The data concerning borings is intended to represent with reasonable accuracy conditions and
materials found in specific borings at the time the borings were made.
0012030 Changes to Plans, Specifications,or Quantities before Opening of Bids-The City may
modify the Solicitation Documents by issuance of an"Addendum"to all prospective bidders within a
reasonable time prior to bid closing to allow bidders to consider them in preparing their bids,but in no case less
than 72 hours before the bid closing. If an Addendum is necessary after that time,the City,at its discretion,can
extend the closing date.
Any Addendum issued,as a result of any change in the Solicitation Documents,must be acknowledged by
submitting the"Acknowledgment of Addendum" (Attachment B)with a proposal. Only questions that are
answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be
without legal effect.
00120.40 Preparation of Bids:
(a) Bidding Considerations -Bids must be prepared on the Bid Proposal included in Attachment A
and must be completed,signed,dated, and submitted prior to the closing date and time. All bids
shall be prepared and submitted in ink or typewritten. By submitting a completed Bid Form,the
Bidder is stating their confort ance with all requirements of the Invitation to Bid which will be
incorporated into any subsequent contract. Failure to comply with all requirements set forth in the
Invitation to Bid may result in the rejection of a bid.
Bidders may refer to the following Subsections for requirements that may affect bidding
considerations:
• 00120.80,Preference for Oregon Resident Bidders
• 00130.80,Restrictions on Commencement of Work
• 00150.55,Coordination of Work
• 00150.75,Protection and Maintenance of Work
00160.20(a),Buy America
• 00160.20(b),Buy Oregon
• 00180.20,Subcontracting Limitations
• 00180.21,Subcontracting
• 00195.50(a-1),Incidentals
• 00195.00(a),Cost of Insurance and Bonds
Page 8
(b) Paper Bids -The Bidders shall not alter,in any manner,the paper documents bound within the Bid
Section. Bidders shall complete the certifications and statements included in the Bid Section of the
Bid Booklet according to the instructions. Signature of the Bidder's authorized representative
thereon constitutes the Bidder's confirmation of and agreement to all certifications and statements
contained in the paper Bid Booklet. Entries in the Bid Section shall be in ink or typed. Signatures
and initials shall be in ink,except for changes submitted by facsimile (FAX) transmission as
provided by 00120.60 (in which case FAX signatures shall be considered originals).
The Bidder shall properly complete and bind all the paper documents in the Bid Section, as specified
in 00120.10,between the front and back covers of the Bid Booklet, except that the Bid Bond is not
required if another permissible type of Bid guaranty is provided. (see 00120.40(e)).
(c) Recyclable Products-Bidders shall use recyclable products to the maximum extent economically
feasible in the performance of the contract set forth in this document
(d) Bid Schedule Entries -Using figures,Bidders shall fill in all blank spaces in the paper Bid
Schedule. For each item in the paper Bid Schedule,Bidders shall enter the unit price and the
product of the unit price multiplied by the quantity given. The unit price shall be greater than zero,
shall contain no more than two decimal places to the right of the decimal point,and shall be
expressed in U.S. dollars and cents (for example,$150.25 or$0.37). Bidders shall also enter the total
amount of the Bid obtained by adding amounts for all items in the paper Bid Schedule. Corrections
or changes of item entries shall be in ink,with incorrect entry lined out and correct entry entered
and initialed.
(e) Bidder's Address and Signature Pages-Bidders shall include in the Bid the address to which all
communications concerning the Bid and Contract should be sent. The Bid must be signed by a duly
authorized representative of the Bidder.
(f) Bid Guaranty-All Bids shall be accompanied by a Bid guaranty in the amount of 10% of the total
amount of the Bid.The Bid guaranty shall be either a Surety bond,irrevocable letter of credit issued
by an insured institution as defined in ORS 706.008 or security in the form of a cashiers check or
certified check made payable to the Agency. (see ORS 279C.365(4)).
If a Surety bond is submitted,Bidders shall use the Agency's standard Bid Bond form included with
the paper Bid Booklet. Bidders shall submit the bond with original signatures and the Surety's seal
affixed.The Bid guaranty shall be submitted by mail,delivery service,or hand delivered to the
offices and addresses, and at the times given in the paper Bid Booklet
Acceptable Surety companies are limited to those authorized to do business in the State of Oregon.
Forfeiture of Bid guaranties is covered by 00130.60,and return of guaranties is covered by 00130.70.
A Bidders bid security shall be forfeited if the Bidder fails to execute the contract promptly and
properly if so awarded. The bid security of all unsuccessful bidders shall be returned after a contract
has been executed or all bids have been rejected.
(g) Disclosure of First-Tier Subcontractors-If a Bidder's Bid on a public improvement Project
exceeds$100,000,the Bidder shall,within two working hours of the time Bids are due to be
submitted,submit to the Agency,on a form provided by the Agency,a disclosure identifying any
first-tier Subcontractors that will furnish labor or labor and Materials,and whose contract value is
equal to or greater than:
• 5% of the total Project Bid,but at least$15,000;or
• $350,000,regardless of the percentage of the total Project Bid.
Page 9
For each Subcontractor listed,Bidders shall state:
• The name of the Subcontractor;
• The dollar amount of the subcontract; and
• The category of Work that the Subcontractor would be performing.
If no subcontracts subject to the above disclosure requirements are anticipated, a Bidder shall so
indicate by entering"NONE" or by filling in the appropriate check box. For each Subcontractor
listed,Bidders shall provide all requested information. An incomplete form will be cause for
rejection of the Bid.
The Subcontractor Disclosure Form may be submitted for a paper Bid either:
• By filling out the Subcontractor Disclosure Form included in the Bid Booklet and submitting
it together with the Bid at the time and place designated for receipt of Bids;
• By removing it from the paper Bid Booklet, filling it out and submitting it separately to the
Agency Procurement Office,at the address or FAX number given in the Bid Booklet.
Subcontractor Disclosure Forms submitted by any method will be considered late if not received by
the Procurement Office within two working hours of the time designated for receiving Bids. Bids
not in compliance with the requirements of this Subsection will be considered non-responsive.
00120.45 Submittal of Bids:
(a) Paper Bids -Paper bids may be submitted by mail,parcel delivery service,or hand delivery to the
offices and addresses, and at the times given in the Bid Booklet. Submit paper Bids in a sealed
envelope marked with the word"Bid", the name of the Project,and the words "To Be Opened Only
by Authorized Personnel' on the outside. If a delivery or courier service is used,the Bidder shall
place the sealed envelope containing the paper Bid inside the delivery or courier service's envelope.
Closing time for acceptance of paper Bids is the time stated in the Advertisement on the day of Bid
Opening.
Paper Bids submitted after the time set for receiving paper Bids will not be opened or considered.
The Agency assumes no responsibility for the receipt and return of late paper Bids.
(b) Submission-One(1) original and one copy of the sealed Bid must be received before the stated
closing time at the address listed below. To assure that your bid receives priority treatment,please mark
as follows.
FY 201041 Pavement Management Program—Asphalt Concrete Overlays
Due on the date in the Advertisement for Bids-July 28,2010
City of Tigard—Information Desk
Attn: Joe Barrett,Sr.Management Analyst
13125 SW Hall Blvd.
Tigard,Oregon 97223
Bidders shall include their firm name and address on the outside of the envelope. It is the bidder's
responsibility to ensure that bids are received prior to the stated dosing time. The City shall not be
responsible for the proper identification and handling of any bids submitted incorrectly.
Page 10
(c) Bid Opening-Bids will be opened immediately following the deadline for receiving bids as stated in
the Advertisement in Tigard City Hall. Bidders may be present;however,award decisions will not be
made at the opening.
00120.60 Revision or Withdrawal of Bids:
(a) Modifications to Bids -In accordance with Tigard Public Contracting Rule 30.070 (A),a Bid may
be modified after submittal so long as the modification is done in writing prior to the bid's closing
time and date. Any modification must be prepared on the submitting company's letterhead, signed
by a company representative, and clearly state that the new modification supersedes or modifies the
prior bid. To ensure integrity of the bidding process,the modification must be delivered to the
City's Procurement Office in a sealed envelope that is marked`BID MODIFICATION" and list
the original bid title and closing date.
(b)Withdrawal of Bids -Tigard Public Contracting Rule 30.070 (B) allows for the withdrawal of a bid
so long as the bidding company submits a withdrawal request in writing on company letterhead and
signed by a company representative prior to the time and date of bid closing. The withdrawal
request shall be delivered to the City's Procurement Office and the bid shall be returned,unopened,
to the requesting bidder.
00120.65 Opening and Comparing Bids-Bids will be opened and the total price for each Bid will be read
publicly at the time and place stated in the Advertisement for Bids. Bidders and other interested parties are
invited to be present. Bids for each Project will be compared on the basis of the total amount of each Bid.
The total amount of the Bid will be the total sum computed from quantities listed in all Bid Schedules times
unit prices entered by the Bidder. In case of conflict between the unit price and the corresponding extended
amount,the unit price shall govern,and the City may make arithmetic corrections on extension amounts.
When an errors)is made in extending total prices,the unit bid price will govern. Bidders are cautioned to
recheck their bid for possible error(s). Error(s) discovered after opening cannot be corrected by the bidder and
the contractor will be required to perform to work at the unit price if their bid is accepted.
00120.70 Rejection of Nonresponsive Bids-A Bid will be considered irregular and will be rejected if the
irregularity is deemed by the City to render the Bid non-responsive. Examples of irregularities include without
limitation:
• The Bid Section documents provided are not properly used or contain unauthorized alterations.
• The Bid is incomplete or incorrectly completed
• The Bid contains improper additions,deletions, alternate Bids,or conditions.
• The Bid is submitted on documents not obtained directly from the City,or is submitted by a Bidder
who has not been identified by the City as a Holder of Bidding Plans,as required by 00120.05.
• A member of a joint venture and the joint venture submit Bids for the same Project. Both Bids may
be rejected.
• The Bid has entries not typed or in ink, or has signatures or initials not in ink (save for changes
received by FAX as provided by 00120.60).
• Each change or correction is not individually initialed.
• White-out tape or white-out liquid is used to correct item entries.
• The price per unit cannot be determined.
• The Bid guaranty is insufficient or improper.
• The original Bid Bond form is not used or is altered.
• The Oregon Construction Contractors Board registration number and expiration date are not shown
on the Bid if required in the Solicitation Document.This requirement applies to State-funded or
Page 11
locally funded Projects,with the exception of Aggregate production and landscape Projects (not
required on Federal-Aid Projects).
• A disclosure of first-tier Subcontractors,if required under 00120.400,is not received within two
working hours of the time Bids are due to be submitted,or the disclosure form is not complete.
• The Bidder has not complied with the DBE requirements of the solicitation.
• The Bid does not acknowledge all issued Addenda.
• The Bid contains entries that are not greater than zero.
• The Bid contains entries with more than two decimals to the right of the decimal point.
• The Bid entries are not expressed in U.S. dollars and cents.
00120.80 Reciprocal Preference for Oregon Resident Bidders-This Subsection applies only to Contracts
for Projects financed without federal funds. Bidders shall complete the certificate of residency provided by the
City in the Bid Booklet Failure to properly complete the form will be cause to reject the Bid_
As used in the certificate of residency and this Subsection, "Resident Bidder"means a Bidder who has:
• Paid unemployment taxes or income taxes in the State of Oregon during any of the 12 calendar
months immediately preceding submission of the Bid,
• A business address in the State of Oregon;and
• Certified in the Bid that the Bidder qualifies as a Resident Bidder.
"Nonresident Bidder"means a Bidder who is not a Resident Bidder as defined above.
In determining the lowest Bid,the City will, for the purpose of awarding the Contract,add a percentage increase
to the Bid of a Nonresident Bidder equal to the percentage,if any,of the preference given to that Bidder in the
state in which the Bidder resides (ORS 279A.120). The percentage preference applied in each state will be
published on or before January 1 of each year by the Oregon Department of Administrative Services. The City
may rely on these percentages without incurring liability to any Bidder(ORS 279A.120)_ This increase will only
be applied to determine the lowest Bid,and will not cause an increase in payment to the Contractor after Award
of the Contract-
00120.90
ontract00720.90 Disqualification of Bidders -The Bid(s) of a disqualified Bidder will be rejected. Any of the
following reasons is sufficient to disqualify a Bidder.
• More than one Bid is submitted for the same Work by an Entity under the same or different
name(s).
• Evidence of collusion among Bidders. Participants in collusion will be found not responsible,and
may be subject to criminal prosecution.
• Any of the grounds for disqualification cited in ORS 279C.440.
A Bidder will be disqualified if the Bidder has:
• Been declared ineligible by the Commissioner of the Bureau of Labor and Industries under
ORS 279C.860;
• Not been registered (licensed) by the Oregon Construction Contractors Board(CCB) or been
licensed by the State Landscape Contractors Board before submitting a Bid (ORS 279C.365(1)(k),
ORS 701.055,and ORS 671.530). The Bidder's registration number and expiration date shall be
shown in the Bid form,if requested. Failure to furnish the registration number,if requested,will
render the Bid non-responsive and subject to rejection. (not required on Federal-.Aid projects);or
• Been determined by the CCB under ORS 701.227 not to be qualified to hold or participate in a
public contract for a public improvement.
Page 12
00120.91 Rejection of Bid on Grounds of Nonresponsibility of Bidder-The Bid of a Bidder who is
found to be nonresponsible according to the criteria listed in 00130.10 will be rejected Refer also to ORS
279C.375(2).
120.95 Public Records-All bid material submitted by bidder shall become the property of the City and is
public record unless otherwise specified. A bid that contains any information that is considered trade secret
under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept
confidential and shall not be disclosed except in accordance with the Oregon Public Records Law,ORS 192.
The above restrictions may not include cost or price information,which must be open to public inspection.
SECTION 00130—AWARD AND EXECUTION OF CONTRACT
This Section replaces Section 00130 of the 2008 edition of the Oregon Standard Specifications for
Construction.
00130.00 Consideration of Bids
(a) 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 that it is in the
public interest to do so.
(b) The City reserves the right,as allowed under Tigard Public Contracting Rule 30.085 (B) to waive any
and all minor informalities that may arise in relation to this bid process. Mucor informalities are matters
of form rather than substance that are evident from the bid documents,or insignificant mistakes that
can be waived or corrected without prejudice to other bidders or the City. The informality shall not
affect price,quantity,quality,delivery,or contractual conditions except in the case of informalities
involving unit pricing.
(c) After opening and reading Bids,the Agency will check them for correct extensions of unit prices and
totals (see 00120.65). The total of extensions,corrected where necessary,will be used by the Agency
for Award purposes.
(d) Bids will be considered and a Contract awarded,if at all,widen 60 Calendar Days from the date of Bid
Opening,unless an extension beyond that time is agreed to by both parties and acknowledged in writing
by the Bidder.
00130.10 Award of Contract-After the Bids are opened and a determination is made that a Contract is to
be awarded,the Contract will be awarded to the lowest responsible Bidder. For the purposes of this Section,
"lowest responsible Bidder"means the lowest Bidder who is not on the list created by the Construction
Contractors Board according to ORS 701,and who has:
• Substantially complied with all prescribed public bidding procedures and requirements.
• Available the appropriate financial,Materials,Equipment,facility and personnel resources and
expertise,or ability to obtain the resources and expertise,necessary to indicate the capability of the
prospective Bidder to meet all contractual responsibilities.
• A satisfactory record of performance.
• A satisfactory record of integrity.
• Qualified legally to contract with the Agency.
• Supplied all necessary information in connection with the inquiry concerning responsibility. If a
prospective Bidder fails to promptly supply information requested by the Agency concerning
responsibility, the Agency shall base the determination of responsibility upon any available
information, or may find the prospective Bidder not to be responsible.
Page 13
• Not been disqualified by the public contracting agency under ORS 279C.440.
If the Bidder is found not to have a satisfactory record of performance or integrity,the City will document the
record and the reasons for the unsatisfactory finding_ The City shall provide notice of intent to award to each
bidder submitting a bid_ The notice shall state the date,time,and location of the bid award decision. The
notice shall include the name of the vendor that staff recommends the contract be awarded to. Any bid
comparison sheets shall be included in the notice of intent to award.
The Contract will not be final until the later of the following-
• The City has provided a written response to each timely protest,denying the protest and affirming
the Award,or
• The Contract is awarded by the awarding authority
If the City accepts a Bid and awards a Contract,the City will send the successful Bidder written notice of
acceptance and Award_ Notice of Award and Contract booklets ready for execution will be sent within 60
Calendar Days of the opening of Bids or within the number of Calendar Days specified in the Special
Provisions or a written mutual agreement.
00130.15 Right to Protest Award-In accordance with Tigard Public Contract Rule 30.135 any actual bidder
who is adversely affected or aggrieved by the City's intent to award the contract resulting from this Invitation to
Bid to another bidder shall have seven (7) calendar days after notice of intent to award to submit to the City a
written protest of the notice of award.
In order to be adversely affected or aggrieved,a bidder must claim to be eligible for award of the contract as the
lowest responsible bidder and must be next in line for award,i.e.the protester must claim that all lower bidders
are ineligible for award because they are non-responsive or non-responsible. The City will not entertain any
protest submitted after the time period established under this Invitation to Bid document The City shall issue a
written decision denying or affirming the protest to every bidder providing an address to the City before any
action is taken on the contract
00130.20 Cancellation of Award-Without liability to the City,the City may for good cause cancel Award at
any time before the Contract is executed by all parties to the Contract,as provided by ORS 279C.395 for
rejection of Bids,upon finding it is in the public interest to do so.
0013030 Contract Booklet-Includes the documents listed under Section 4,"Contract Documents,"of the
Public Improvement Contract(Attachment F).
00130.40 Contract Bonds, Certificates, and Registrations-Before the City will execute the Contract,the
successful Bidder shall furnish the following bonds,certificates,and registrations:
(a) Performance and Payment Bonds -When Awarded the Contract,the successful Bidder shall
furnish a Performance Bond and a Payment Bond of a Surety authorized to do business in the State
of Oregon as required by Tigard Public Contracting Rule 30.190(A).
The successful Bidder shall submit the standard bond forms,which are bound in the Contract
booklet. Faxed or photocopied bond forms will not be accepted. The amount of each bond shall
be equal to the Contract Amount. The Performance Bond and the Payment Bond must be signed
by the Surety's authorized Attorney-in-Fact,and the Surety's seal must be affixed to each bond. A
power of attorney for the Attorney-in-Fact shall be attached to the bonds in the Contract booklet,
which must include bond numbers,and the Surety's original seal must be affixed to the power of
Page 14
attorney. Bonds shall not be canceled without the City's consent,nor will the City normally release
them,prior to Contract completion.
When a coating system warranty is required by 00594.75, the Contractor shall furnish a supplemental
warranty performance bond,in addition to the regular Performance Bond for the Contract to the
City,executed by a surety authorized to do business in the State of Oregon. The supplemental
warranty performance bond shall be in the sum of 80%of the full Contract Amount. The bond is
to secure the performance by the Contractor of correction work on any coating system defects that
the Contractor may be directed by the City to perform. The Contractor shall use the City-provided
form for the bond except that if the surety is a multiple surety,a copy of the form for a bond with
multiple sureties shall be obtained from the Agency. The supplemental warranty performance bond
shall be signed by the Surety's authorized Attorney-in-Fact,and the Surety's seal shall be affixed to
the bond. A power of attorney for the Attorney-in-Fact shall be attached to the bond in the
Contract booklet,which shall include bond numbers,and the Surety's original seal shall be affixed to
the power of attorney. A copy of the supplemental warranty performance bond is included near the
front of the Special Provisions.
Upon Third Notification,the supplemental warranty performance bond shall become effective and
shall continue in full force and effect until the City has advised the Contractor that:
• There are no coating system defects;or
• If the Contractor has been notified that there are coating system defects, the defects have
been repaired by the Contractor to the satisfaction of the City as specified under the coating
system warranty and the full warranty period has expired.
Supplemental warranty performance bonds cannot be canceled nor can they be released due to
possible claims.
(b) Certificates of Insurance-The successful Bidder shall furnish the City certificates of insurance
applicable to the Project,according to 00170.70. The insurance coverages shall remain in force
throughout the performance of the Contract and shall not be allowed to lapse without prior written
approval of the City. Bidders may refer to 00170.70 for minimum coverage limits and other
requirements. For specified Contracts, certified copies,and in some instances the original,of
insurance policies may be required by the Special Provisions.
(e) Workers'Compensation To certify compliance with the workers' compensation insurance
coverage required by 00170.61(a) and 00170.70(d),the successful Bidder shall complete and sign the
"Certification of Workers'Compensation Coverage" form bound in the Contract booklet.
.(d) Registration Requirements:
(1) ORS 701.055 and ORS 671.530 require that Bidders be registered with the Oregon Construction
Contractors Board or licensed by the State Landscape Contractors Board prior to submission of
a Bid on a Project not involving federal funds. Registration with the Construction Contractors
Board or licensing by the State Landscape Contractors Board is not a prerequisite to bidding on
Federal-Aid Projects;however,the Agency will not execute a Contract until the Contractor is so
registered or licensed.
(2) Bidders must be registered with the Corporation Division,Oregon Secretary of State,if bidding
as a corporation,limited liability company,joint venture,or limited liability partnership,or if
operating under an assumed business name and the legal name of each person carrying on the
business is not included in the business name.
Page 15
(3) A Contractor registered under ORS 701 may bid on a landscaping Project or perform a
construction project that includes landscape contracting as a portion of the project if the
landscape contracting is subcontracted to a licensed landscaping business as defined in ORS
671.520.
(4) A landscaping business may bid on a Project or perform a Contract that includes the phase of
landscape contracting for which it is not licensed if it employs a landscape contractor,or
subcontracts with another licensed landscaping business,licensed for that phase.
(e) Business Tax and Federal Id No.Required-The City of Tigard Business Tax is required from
successful Bidder. Chapter 5.4 of the Tigard Municipal Code states any business doing business in the
City of Tigard shall pay a City of Tigard Business Tax. No contracts shall be signed prior to the
obtaining of the City,of Tigard Business Tax. Upon award of proposal,contractor shall complete a
Federal W-9,Request for Taxpayer Identification Number and Certification Form for the City.
00130.50 Execution of Contract and Bonds:
(a) By the Bidder-The successful Bidder shall deliver the required number of Contract booklets with
the properly executed Contract,Performance Bond,Payment Bond, certification of workers'
compensation coverage,and the required certificates of insurance, to the Procurement Office within
15 Calendar Days after the date on which the Contract booklets are sent or otherwise conveyed to
the Bidder under 00130.10. The Bidder shall return the originals of all documents received from the
City and named in this Subsection,with original signatures. Certificates of insurance shall also be
originals. Certificates of insurance for coverages that are permitted by the City under 00170.70(a) to
be obtained by appropriate subcontractors shall be delivered by the Contractor to the City together
with the Contractor's request under 00180.21 for approval of the subcontract with that
subcontractor. Copies of these documents are not acceptable by the City.
Proper execution requires that.
(1) If the Contractor is a partnership,limited liability partnership,joint venture,or limited liability
company,an authorized representative of each Entity comprising it shall sign the Contract,
Performance Bond,and Payment Bond, and an authorization to sign shall be attached.
(2) If the Contractor is a corporation, the President and the Secretary of that corporation shall sign
the Contract,Performance Bond,and Payment Bond.However,if other corporate officers are
authorized to execute contracts and bonds,the successful Bidder shall fiitnish with those
documents a certified, true and correct copy of'the corporate bylaws or minutes stating that
authority. If only one officer is signing,then the bylaws or minutes must include the authority to
sign without the signature of others. The successful Bidder shall also include the title(s) or
corporate office(s)held by the signer(s).
(b)By the City-Within seven Calendar Days after the City has received and verified the properly
executed documents specified in 00130.50(a),and received legal sufficiency approval from the City
Council(if required),the City will execute the Contract. The City will then send a fully-executed
original Contract booklet to the successful Bidder,who then officially becomes the Contractor.
(d) Contract-After the award,the Contractor and the City will enter into a public improvement contract
incorporating the terms and conditions of the Public Improvement Contract and the bid response.
Vendors taking exception to any of the contract terms shall submit a protest or request for change in
accordance with Section 00120.15(b)"Protest of Specifications or Terms"or their exceptions will be
deemed waived.
Page 16
00130.60 Failure to Execute Contract and Bonds-Failure of the successful Bidder to execute the
Contract and provide the required certificates,certifications,and bonds may be cause for cancellation of the
Award,and may be cause for forfeiture of the Bid guaranty under ORS 279C.385. Award may then be made to
the next lowest responsible Bidder,the Project may be re-advertised,or the Work may be performed otherwise
as the City decides.
The forfeited Bid guaranty will become the City's property,not as a penalty but as liquidation of damages
resulting from the Bidder's failure to execute the Contract and provide the certificates,certifications,and bonds
as required by these Specifications.
00130.70 Release of Bid Guaranties-Bid guaranties will be released and checks returned seven Calendar
Days after Bids ate opened,except for those of the three apparent lowest Bidders on each Project The
guaranties of the three apparent lowest Bidders will be released and checks returned to unsuccessful Bidders
within seven days of the Agency's execution of the Contract
00130.80 Project Site Restriction-Until the City sends the Contractor written Notice to Proceed with the
Work,and the Contractor has filed the public works bonds required in 00170.20,the Contractor shall not go
onto the Project Site on which the Work is to be done,not move Materials,Equipment,or workers onto that
Project Site.
The Contractor will not automatically be entitled to extra compensation because the commencement of Work is
delayed by failure of the City to send the Contract for execution. However,if more than 30 Calendar Days
elapse between the date the Bid is opened and the date the City sends the Contract to be executed,the City will
consider granting an adjustment of time for completion of the Work to offset any actual delay to Contract
completion resulting directly from delay in commencement
00130.90 Notice to Proceed-Notice to Proceed will be issued within five Calendar Days after the Contract
is executed by the City. Should the City fail to issue the Notice to Proceed within five Calendar Days of
Contract execution,the Contractor may apply for an adjustment of Contract Time according to 00180.80(c).
Page 17
ATTACHMENT A
11 CITY OF TIGARD
PROPOSAL
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
IY ASPHALTIC CONCRETE OVERLAY
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: FY 2010-11 Pavement Management Program—Asphalt Concrete Overlays
Bid Due Date: July 28, 2010—2:00 p.m.
Name of Submitting Firm: We Wer Corporation-Northwest
The Undersigned (check one of the following and provide additional information):
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
A corporation organized under the laws of the State of7or
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:
dAd S� ane and fl K/100 Dollars S33
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 of the works, 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
Basic Bid.
Page 18
BID SCHEDULE
FY 2010-11 PAVEMENT MAINTENANCE PROGRAM-ASPHALTIC CONCRETE OVERLAY
Item: Ue�etiptioti: '." 'Qh'
Unit Unit Price Item Total
PAVEMENT OVERLAY
1 Mobilization 1 Lump Sum $3n DO(zj00 $3b X00 <U�
2 Traffic Control 1 Lump Sum $&� �� $ Q QUO
3 Dust&Erosion/Sedimentation Control 1 Lump Sum $
4 Project Sign 14 EA -$ -
5 Adjust Sanitary/Storm Manhole,Minor 50 EA
6 Adjust Telephone Manhole 2 � —
EA $
7 Adjusting Boxes 67 EA $ z $ ��Lo s?p
8 Adjust Sanitary Sewer Clean Out 3 EA _$ /�W $ l �
9 Adjust Catch Basin-Major 3 SY $ VZ D'p
10 Cold Plane Pavement Removal 8544 SY 4 $
11 Standard Depth Diggout& Repair(6") 208 SY $ W`r. $ --I�go,ro,
12 Medium Depth Digout& Repair(18") 80 SY $ �V, $ h &A0 00
13 Full Depth Digout&Repair(30") 40 SY $ q5e $ �p
14 Pavement Geotextile, Reiforced 3973 SY $ li?9L $
15 Pavement Overlay Geotextile 6432 SY $ 2.. $
16 Asphaltic Concrete-Prelevel 224 Ton $ +Op $
17 Asphaltic Contrete 3921 Ton $ $ 3� c
18 Replace Survey Monument Box 10 EA
19 Construct AC Curb 254 LF
20 '/4"-0"Shoulder Rock 66 Ton
STRIPPING&PAVEMENT MARKINGS `
21 Pavement Stripe, Durable,Type 1 100 LF $ 2S o $ Z
22 Pavement Stripe, Durable,Type 3 4457 LF
23 Pavement Stripe, Durable,Type 5 4295 LF
24 Pavement Stripe, Durable,Type 7 1407 LF
25 Pavement Stripe, Durable,Type 9 3330 LF $
26 Pavement Stripe,Durable,Type 10 2225 LF
27 Pavement Marking-Stop Bar 183 SF ( e
28 Pavement Marking-Standard Crosswalk (CW) 620 SF
29 Pavement Marking-Staggered Crosswalk(C\\'-SC) 270 SF t-Z
30 Pavement Marking-Arrow-Type (E-J_%/F_-RA/E-SA) 29 11\ $ ZZW $ (Qt—&SK
31 Pavement Marking-Arrow-Type (E-LSA/E-RSA) 8 EA
32 Pavement Marking-(4"Dia Yellow Burton) 18 EA
33 Pavement Marking-(4"Dia\Vl-dte Button) 21 EA
34 Pavement Marker(BI-Directional Yellow) 220 EA $ l� $ ❑bZ00
35 Pavement Marker (BI-Directional White) 322 EA $ 10 t ~
36 Pavement Marker (Blue Fire Hydrant Locatre) 17 EA
37 Pavement Marker-Bike Lane Symbol (BS) 10 EA $ 2AS 16- $ ,4&
ne-
38 Delineator Panel
]1 EA $ '}m $ CISo_
f - .yy/� y� � tt Project Total $ S,33', 41
V2 `�r�ebd�0�,/9i d 7&,m 144p I fCq. -/{it JA4 •S'�? OA<- ands i"x/100 Dollars
Bid Total-4n,Words
Note: The City reserves the right to increase or decrease the scope of the project based on bid unit prices.
Page 19
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
prov'ded by the City. The surety(ies) req ested to issue the Performance Bond and Payment Bond will be
�M �1� M, The Undersigned hereby authorizes said
surety(ies) ompany(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.
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 'M HAS ❑ HAS NOT (check applicable status) paid unemployment or income taxes in
Oregon within the past 12 months andItniHAS ❑ HAS NOT (check applicable status) a business address in
Oregon.
The Undersigned " 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.
Then rsigned's CCB registration number is �,4 d ) with an expiration date of
(0710 As a condition to submitting a bid, a Contractor must 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 $30,000 with the Construction Contractors Board as required under
Oregon PWR law.
The successful Bidder hereby certifies that all subcontractors who will perform construction work as
described in ORS 701.005(2) were registered with the Construction Contractors Board in
Page 20
accordance with ORS 701.035 to 701.055 at the time the subcontractor(s) made a bid to work under the
contract.
The successful Bidder hereby certifies that, in accordance with the Wor er's Com ensation Law of the ��ate,� Vu�
of Oregon, its Worker's Compensation Insurance provider is 1 � � X521► � J
No.�4�°��6�r' O0S"C7�i,�an�d that Undersigned shall submit Certificates of Insurance as required.
Name of Company: KAft MWCWPWRUW•Northwest
Company Address: a(::)Q O
r3 S
Federal Tax ID: _0 So L�S l
Telephone:
Fax: Sq GO O
(SEAL)
I atte,x th;-t I have the authority to commit the firm named above to this Bid amount and acknowledge that
the firm trivets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I
understand that I will be required to provide necessary information to verity that the firm meets these
qualifications if selected for the subsequent Agreement.
Authorized Signature: X
Printed Name &Title: STEPHEN FRf.Y
_�.{$S1$TANT SFl:RFTdRY
Date: 1 '177 if 0
Payment information will be reported to the IRS under the name and federal taxpayer ID number provided
above. Information not matching IRS records or not provided to the City could subject the successful
Contractor to a twenty eight percent (28%) backup withholding.
ATTACHMENT B
CITY OF TIGARD,OREGON
ACKNOWLEDGEMENT OF ADDENDA
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
ASPHALTIC CONCRETE OVERLAY
I/WE HAVE RECEIVED THE FOLLOWING ADDENDA:
If none received, write `None Received"
1.��d or�ly�t-� `t 1 Zia tO 3.
2. 4.
'l/771,D
Date
Signature of froposer
STEPHEN FREY
ASSISTANT SECRETARY
Title
Knife River Corporation•Northwest
Corporate Name
Page 22
ATTACHMENT C
CITY OF TIGARD,OREGON
BID CERTIFICATIONS
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
ASPHALTIC CONCRETE OVERLAY
Non-discrimination Clause
The Contractor 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 contract from the City, unless a satisfactory showing is made that
discriminatory practices have terminated and that a recurrence of such acts is unlikely.
STEPHEN FREY
Agreed by: ASSISTANT SECRETARY
Firm Name: Knife RhW Corporation I Northwest`
Address: �a�60 01 A ���uLt"C�e� 3q
Officer's signature:
STEPHEN FREY
Type or print officer's name: ASSISTANT SECRETARY
Page 23
ATTACHMENT D
CITY OF TIGARD
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
PROJECT NAME: FY 2010-11 PAVEMENT MANAGEMENT PROGRAM-ASPHALTIC CONCRETE OVERLAY
BID #: CIP 2010-00004 BID CLOSING: Date: July 28 2010 Time: 2:00 p.m.
This form must be submitted at the location specified in the Invitation to Bid 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
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): Knife River Cowratlorl-Northwest
Contact name: go Phone #: L qq `SSD
Page 24
ATTACHMENT E
CITY OF TiGARD
BID BOND
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
ASPHALTIC CONCRETE OVERLAY
We, KNIFE RIVER CORPORATION-NORTHWEST as"Principal,"
(Name of Principal)
and LIBERTY MUTUAL INSURANCE COMPANY a, MASSACHUSETTS Corporation,
(Name of Surety)
authorized to transact Surety business in the State of Oregon, as "Surety," hereby jointly and severally bind
ourselves, our respective heirs, executors, administrators, successors, and assigns to pay unto the City of
Tigard ("Obligee') the sum of _ TEN PERCENT (10%) QF AMOUNT BID****** and
____J100 Dollars ($ 1 Q% nF R D
WHEREAS, the condition of the obligation of this bond is the Principal has subrxiitted it bid or proposal
to the Obligee in response to Obligee's solicitation for the project identified as FY 2010-11 PAVEMENT
MANAGEMENT PROG&W—Asphalt Concrete Overlays,which bid or proposal 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 or proposal submitted by Principal is accepted, and if a contract
pursuant to the proposal or 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 retrain 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 23RD day of_ JULY ^ 2010
KNIFE OR N-NORTHWEST LIBERTY MUTUAL INSURANCE COMPANY
PRINC AL: SURETY:
By BY ATTORNEY IN-FACT
Signature DAVE BE
PRESIDENT HEIDI L. SMIT , ATTOPNEY- -FACT
Print#FFY
& Printed
Attest:
STEPHSi nature __
ASSISTANT SECRETARY C/O R.K.I., INC., P.O. BOX 157
Address LEBANON, OR 97355
City State Zip
Page 25
2608708
THIS POWER OF ATTORNEY,IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This`Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE,COMPANY
BOSTON,MASSACHUSETTS .
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
HEIDI L.SMITH, JEFFREY N. KING,:EIDDA J. ZERKEL KING, ALL OF,THE CITY OF LEBANON, STATE OF OREGON
. ......................................... ..... :::. ....:.., .:;.... ..::.., .. .....; . .._._. ......: ........ .........
........ ..
each individually if there be more than one named, its true and lawful attomey Ir-fact to snake execute,seal,acknowledge and deliver,for and on its
behalf as suretyry and as its actand deed far annd all undertakings, bonds, recognizances:and othek surety obliggations in the penal sum not exceeding
FIFTY MILLION AND 00/100 DOLLARS $ 50;000; 00.00****�
( )each,and the
execution of ,such undertakings bonds, recognizances and other surety obligations, In pursuance of these presents shall be as binding upon the
Company as if they had been duly signed by the-president and attested by the secretary of the Company in their own proper persons: ;
That this power is made and executedpursuant to and by"authority of the following By law and Authorization.:
ARTICLE XIII-Execution of Contracts:Section 5,surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or:the president may prescribe, shall.appoint such attorneys-in-fact;as may be necessary to act in behalf of the Company o make;
execute, seal, acknowledge and"deliver as surety any and all undertakings; bonds, recognizahces and other surety obligations. Such V
attorneys-in-fact,"subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their N
signature and execution of any such instruments and to attach the the seal of the Company. When so executed such instruments shall be d
a as binding as if signed by the president and attested by the secretary. _
c a By the following instrument the"chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
0++
C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of"Liberty Mutual Insurance Company, is hereby` cu
authorized to appoint such attorneys-in-fact as may be:necessary to act in behalf of the Company to make,execute,seal, acknowledge and —
v deliver as surety"anyand all undertakings,bonds,recognizances and other surety obligations. io Q
o"I0
d That the By-law and the Authorization set forth above are true copies thereof and are now in full force.and effect AW
m W.
1N WITNESS`WHEREOF this.Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C E
Liberty Mutual insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 15th day of July ,,c
>3 2009
4 m.
d LIBERTY MUTUAL INSURANCE COMPANY
u0. = �N. o
i t By a E
Garnet W.Elliott,Assistant Secreta rn
. =; ry c
v ,, COMMONWEALTH OF PENNSYLVANIA ss -
.d COUNTY OF MONTGOMERY o
7T►•
01C
- Onthis 15th 'da 'of July" 2009 , before me,a Notary Public; personally came Gamet W. Elliott;to me known, and acknowledged = (D
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed theabove a:
ai Power of Attorney and affixed the corporate seal Liberty Mutual Insurance Company thereto with the authority and of the direction of said corporation.
a IN TESTIMONY WH �` Pv un1.to subscribed my name and affixed my notarial seal at Plymouth Meeting Pennsylvania,on the day and year. "N
- cv first above written. 4Ct�W
�..� -.: j� t �6kAMiONMAITHOFflFNAfSrLVAtiIA �.
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t: •¢safasie!'a,.Nctary Pj6fc j ." - � V..,C°M
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- V AAy C.rtttRi:?es.rK Expi'es starch 28,2013 I y 0
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CERTIFICATE IZ.-
1,41-re undersigned,Assistan ecretary ;f Liberty Mutual Insurance Company,do hereby certify that_the original'power.of attorney of which the foregoing
is a full,true and correct copy,is in.full force and effect on the date Of this certificate and 1;tlo further certify.that the officer or official who executed the
said power of attorneyis an Assistant Secretary, pedally authorized by ahe chairman or the_president to.appoint attorney"s-in-fact as provided:in Article
XIII,Section 5 of the By-laws of:Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and Lby authority of the:
foilowing vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day"of March, 1980
VOTED that the,facsimile or.mechanically reproduced signature of any assistant secretaryof the company, wherever appearing upon a
certified"copy of any power of attorney issued by the company in connection with surety bonds,shall.be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 2"3RD day of
JULY 2010
i
11<1 By
x''� David M.Carey,Ass' t Secretary
ATTACHMENT F
N CITY OF TIGARD
PUBLIC IMPROVEMENT CONTRACT
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
ASPHALTIC CONCRETE OVERLAY
TtGARD
THIS CONTRACT,made and entered into this 12"'day of August,2010,by and between the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter called "City" and Knife River Corporation -
Northwest 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;and
WHEREAS,the City has sufficient appropriation in the FY 2010-11 budget for this, or a portion of this,
project.
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 Contract shall consist of the following:
1. Asphalt concrete overlays
2. Asphalt concrete and road base excavation and repair
3. Temporary signage,protection,and traffic control
4. Striping and Pavement Marking
5. Performance of additional and incidental work as called for by the specifications and plans.
2. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth.
The Contractor agrees that the workmen in each trade or occupation required for the work to be done
pursuant to the contract, employed in the performance of the Contract, either by the Contractor or
Subcontractor or other person doing or contracting to do any part of the work contemplated by the
Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the
Commissioner of the Bureau of Labor.
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. The fee shall be paid on or before the first progress payment or 60 days from the
date work first began on the contract, whichever comes first. The fee is payable to the Bureau of
Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address:
Bureau of Labor and Industries
Wage and Hours Division
Prevailing Wage Unit
800 NE Oregon Street, # 32
Portland, Oregon 97232
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.
3. Pre-Construction Conference
The contractor and listed subcontractors shall attend and participate in the pre-construction conference
described 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 the performance pertaining to this contract,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,2008,Volume 1 and Volume 2.
Solicitation Documents
• Advertisement for Bids
• Bidding requirements and procedures
• Award and execution of contract
• Proposal
• Acknowledgement of Addenda
• Bid Certifications—Non-discrimination Clause
• First Tier Subcontract Disclosure Form
• Bid Bond Form
• Public Improvement Contract
• Performance bond
• Payment bond
• Supplementary General Conditions
• Special provisions
• Drawings
• Issued Addenda
Standard Documents
• General conditions (Oregon Standard Specification for Construction, 2008 Volume 1 as amended
by the Special Provisions)
• Standard Specifications (Oregon Standards Specifications for Construction,Volume 2 as amended
by Technical Specifications)
• City of Tigard Public Improvement Design Standards
5. City's Representative
For purposes hereof, the City's authorized representative will be Mike McCarthy, P.E., Senior Project
Engineer,who can be reached by mail at 13125 SW Hall Blvd.,Tigard, Oregon 97223;by telephone at
(503) 718-2462;or via email at mikernQtigard-or.gov.
6. Contractor's Representative
For purpose hereof, the Contractor's authorized representative will be Gordon Mathern who can be
reached by mail at 32260 Old Highway 34,Tangent, Oregon 97389 or by phone at(503) 944-3500.
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. Time of Completion
The Contractor shall begin work within 15 calendar days after the Notice to Proceed has been issued by
the City. No work shall commence prior to receiving the Notice to Proceed and attending a pre-
construction meeting conducted by the City. Said work shall be diligently prosecuted to completion
before the expiration of forty-five (45) calendar days after the Notice to Proceed has been issued.
9. Compensation
Progress Payments: City agrees to pay Contractor an amount not to exceed Four Hundred Seventy
Five Thousand and No/100 Dollars ($475,000.00) for performance of those services provided
hereunder. The City and Contractor understand that this amount is lower than the Contractor's
original bid for the project and most likely will result in a reduction in amount of streets that will
receive an asphaltic overlay. 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 Contract. The Contractor understands and agrees that Pay Item
quantities listed in the Schedule of Items do not govern payment.
Payment constitutes full compensation to the Contractor for furnishing all Materials,Equipment,labor,
and Incidentals necessary to complete the Work; and for risk, loss, damage, and expense arising from
the nature or prosecution of the Work or from the action of the elements, subject to the provisions of
00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit
price for each Pay Item of Work to be performed.
When the Specifications state that the unit price for a Pay Item is compensation for certain Materials or
Work essential or Incidental to the Pay Item, the same Materials or Work will not be measured or paid
under any other Pay Item.
Contractor shall prepare and submit each month to the City Engineer, 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 stated date), together with a
request for payment duly verified by the Contractor's Representative.
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. The City certifies that funds are appropriated and available in the current fiscal year's budget
for work on this project. In the event the project crosses into subsequent fiscal years, appropriations
will be determined during the budget process.
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 payrolls
sheets with the City
Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS
279C.555, shall be made to the Contractor within thirty (30) 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 is 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.
Final Payment: The Contractor shall notify the City in writing when the Contractor considers the
project complete, and the City shall,within 15 days after receiving the written notice, either accept the
work or notify the Contractor of work yet to be performed on the contract.
Upon acceptance by the City, the entire balance due to the Contractor, including the retained
percentage, shall be paid to the Contractor, by the City within 30 days after the date of said final
acceptance.
The City shall pay to the Contractor interest at the rate established in ORS 279C.570 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 fiarther 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.
10. Status Of Contractor As Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and
shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an
employee of City, shall not be entitled to benefits of any kind to which an employee of City is
entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore, in the event that Contractor is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Contractor under the
terms of this Agreement, to the full extent of any benefits or other remuneration Contractor
receives (from City or third party) as a result of said finding and to the full extent of any
payments that City is required to make (to Contractor or to a third party) as a result of said
finding.
B. The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from Contractor, either directly or indirectly, in connection
with the letting or performance of this Agreement,except as specifically declared in writing.
C. If this payment is to be charged against Federal funds, Contractor certifies that he or she is not
currently employed by the Federal Government and the amount charged does not exceed his
or her normal charge for the type of service provided.
D. Contractor and its employees,if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
E. Contractor certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
F. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
11. 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.
12. Contractor-Payment of Benefits - Hours of Work
A. The Contractor shall:
1) Make payment promptly, as due, to all persons supplying to such Contractor labor or
material for the prosecution of the work provided for in this contract;
2) Pay all contributions or amounts due the under the Industrial Accident Fund form the
Contractor or subcontractor incurred in the performance of this Agreement;
3) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS
316.167.
4) Not permit any lien or claim to be filed or prosecuted against the City of Tigard, on
account of any labor or material furnished;
B. The Contractor or the Contractor's Surety and every Subcontractor or the Subcontractor's
Surety shall file certified statements with the City in writing in form prescribed by the
Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid
each worker which the Contractor or the Subcontractor has employed upon such public work,
and further certifying that no worker employed upon such public work has been paid less than
the prevailing rate of wage, which certificate and statement shall be verified by the oath of the
Contractor or the Contractors 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 name and address of each worker, the worker's correct
classification, rate of pay, daily and weekly-number of hours worked, deductions made,
and actual wages paid.
2) Each certified statement required herein shall be delivered or mailed by the Contractor
or Subcontractor to the City at least once a month by the fifth business day of the
following month.
a) Each Contractor or Subcontractor shall preserve certified statements for a period
of three years from the date of completion of the contract.
C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment
of any claim for labor or services furnished to the Contractor or a Subcontractor by any
person in connection with this contract as such claim becomes due, the proper office of the
City of Tigard may pay such claim to the person furnishing the labor or services and charge the
amount of the payment against funds due or to become due to the Contractor by reason of
such contract. Payment of a claim in this manner shall not relieve the Contractor or the
Contractor's Surety from obligation with respect to any unpaid claims.
A Contractor agrees that no person shall be employed for more than ten (10) hours in any one
day, or 40 hours in any one week, except in cases of necessity or emergency or when the City
deems it in the best interest of the public or policy absolutely requires it, in which event, the
person so employed for excessive hours shall receive at least time and a half pay for the
following:
1) For all overtime in excess of eight hours in any one day or 40 hours in any one week
when the work week is five consecutive days,Monday through Friday;or
2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when
the work week is four consecutive days,Monday through Friday;and
3) For all work performed on Saturday and on the legal holidays specified in ORS
279C.540.
E. 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.
F. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material
within 30 days after receipt of payment from the City or from the Contractor to a
subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due
plus interest commencing at the end of the 10 day period that the payment is due under ORS
279C.580, unless payment is subject to a good-faith dispute. The interest rate shall be as
specified in ORS 279C.505(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.
G. 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).
13. 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 contract. 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.
14. 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.
15. 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, or unilaterally by the City upon a finding that it
is in the best interest of the public,and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of
any third party judicial proceeding relating to the work other than a suit or action filed
in regard to a labor dispute; or
2) If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed with a substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279C.660 and shall be prorated to and
include the day of termination and shall be in full satisfaction of all claims by Contractor
against City under this Agreement.
C. Termination under any provision of this paragraph shall not affect any right, obligation, or
liability of Contractor or City which accrued prior to such termination.
16. Cancellation with Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or
at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds,
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement,
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed, or
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (a) shall be without prejudice to any
obligations or liabilities of either party already-accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may terminate
the whole or any part of this Agreement:
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.
17. Access to Records
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit,examination, excerpts,and transcripts.
18. Work is Property of Citi
All work performed by Contractor under this Agreement shall be the property of the City.
19. 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 oft1975, and all rules and regulations
issued pursuant to the Acts.
C. As provided by QRS 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.
20. Changes
City may at any time, and without notice, issue a written Change Order requiring additional work
within the general scope of this Contract, or any amendment thereto, or directing the omission of or
variation in work. If such Change Order results in a material change in the amount or character of the
work, an equitable adjustment in the Contract price and other provisions of this Contract as may be
affected may be made. Any claim by Contractor for an adjustment under this section shall be asserted
in writing within thirty (30) days from the date of receipt by Contractor of the notification of change
or the claim will not be allowed. Whether made pursuant to this section or by mutual agreement, no
change shall be binding upon City until a Change Order is executed by the Authorized Representative
of City, which expressly states that it constitutes a Change Order to this Contract. The issuance of
information, advice, approvals, or instructions by City's Representative or other City personnel shall
not constitute an authorized change pursuant to this section. Nothing contained in this section shall
excuse the Contractor from proceeding with the prosecution of the work in accordance with the
Contract,as changed.
21. 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.
22. Non-waiver
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.
23. Warranties
All work shall be guaranteed by the Contractor for a period of one year after the date of final
acceptance of the work by the Owner. Contractor warrants that all practices and procedures,
workmanship, and materials shall be the best available unless otherwise specified in the profession.
Neither acceptance of the work not payment therefore shall relieve Contractor from liability under
warranties contained in or implied by this contract.
24. 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.
25. 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.
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 attorney's fees and witness costs (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 all risks arising directly or indirectly
out of Contractors 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 (1996 ISO or
equivalent). This coverage shall include personal and advertising injury liability and products
and completed operations coverage. Coverage may be written in combination with
Commercial General Liability and Commercial Automobile Liability Insurance with separate
Emits for both. Combined single limit per occurrence and annual aggregate limit shall not be
less than the dollar amount indicated below. This coverage shall include Contractual Liability=
insurance for the indemnity provided under this contract. The following insurance will be
carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
Medical Expense (Any one person) $5,000
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$1,000,000.
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$100,000 each accident.
D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and
employees shall be added as additional insured's with respect to this contract. All Liability
Insurance policies will be endorsed to show this additional coverage.
E. Notice of Cancellation: There shall be no cancellation, material change, exhaustion of
aggregate limits or intent not to renew insurance coverage without 30 days written notice to
the City. Any failure to comply with this provision will not affect the insurance coverage
provided to the City. The 30 days notice of cancellation provision shall be physically endorsed
on to the policy.
F. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by an
insurance company deemed acceptable by the City. The City reserves the right to reject all or
any insurance carrier(s)with an unacceptable financial rating.
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 effected
until the required certificates have been received and approved by the City. The certificate will
specify and document all provisions within this contract. A renewal certificate will be sent to
the above address 10 days prior to coverage expiration. The Contractor shall obtain, or ensure
that the appropriate subcontractors obtain, insurance coverages required under this Contract
from companies authorized to issue insurance in the State of Oregon.
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: All parties to this contract hereby agree that the contractor's
coverage will be primary in the event of a loss.
J. Cross-Liability Clause: A cross-liability clause or separation of insured's clause will be included
in all general liability,professional liability,pollution and errors and omissions policies required
by this contract.
Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without thirty (30) days prior written notice to City. 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 such insurance shall be forwarded to:
City of Tigard
Attn: Joe Barrett, Sr. Management Analyst
13125 SW Hall Blvd
Tigard, Oregon 97223
Email address: joseph2tiga1d-or.gov
Such policies or certificates must be delivered prior to commencement of the work. 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. 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:
CITY OF TIGARD KNIFE RIVER CORPORATION-NORTHWEST
Attn: Mike McCarthy,P.E.. Attn: Gordon Mathem
Address: 13125 SW Hall Blvd Address: 32260 Old Highway 34
Tigard, Oregon 97223 Tangent, Oregon 97389
Phone: (503) 718-2462 Phone: (503) 944-3500
Fax: (503) 624-0752 Fax: ( )
Email Address: mikem@tigard-or.gov Email Address: (insert address)
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. Demolition—Salvage and Recycling
As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition
debris if feasible and cost-effective.
33. Governing Law and Venue
The provisions of this Contract shall be construed in accordance with the provisions of the laws of the
State of Oregon. Any action or suits involving any question arising under this Contract must be
brought in the appropriate court of the State of Oregon.
34. 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.
35. Complete Agreement
This Agreement and attached exhibits constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in
writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor,by the signature of its authorized representative, hereby acknowledges that he has read this
Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
Approved by Tigard's Local Contract Review Board: August 10,2010
CITY OF TIGARD KNIFE RIVER CORPORATION-NORTHWEST
o•
Signator Signature
STEPHEN FREY
Craig Prosser,CW:Manager ASSISTANT SECRETARY
Printed Name&Title Printed Name&Title
-"MlYr L7 ,
Date I Date
(EXECUTED IN TRIPLICATE)
ATTACHMENT G
CITY of TTGARD
PERFORMANCE BOND
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
TRAVELERS BOND NO. 105461136 Aspu<Ic CONCRETE OVERLAY
LIBERTY Bond Number: 190-023-127
Project Name:FY 2010-11 PMP - ASPHALTIC CONCRETE OVERLAY PROJECT
LIBERTY MUTUAL INSURANCE COMPANY(Surety#1) Bond Amount No. 1: $ 266,735.62
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety#2)* Bond Amount No.2:* $266.735.63
*If wring multiple sureties Total Penal Sum of Bond: S_�.TR 471 25
we, KNIFE RIVER CORPORATION-NORTHWEST•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) FIVE HUNDRED THIRTY THREE THOUSAND FOUR HUNDRED"*' (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 ***SEVENTY ONE DOLLARS AND TWENTY FIVE CENTS**'($533,471.25)
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-refereticed project solicitation;
V/'AEREAS, the terms and conditions of[he 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, THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall
faithfully and t Wy 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 natters 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 indemnify and save
harmless the City of Tigard,its officers,agents,and employees against any direct or indirect damages or claim 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 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£uU 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 givers and received under the authority of ORS Chapter 279C and Tigard Public Contracting
Rules, the provisions of which are incorporated into this bond and made a part hereof.
Page 40
IN WITNESS WHEREOF, WE I,IAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND
SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 20TH_ day of AUGUST 2010
PRINCIPAL: KNIFF RI\/FR ( C)RP-Q2,41TION-NORTHWEST
Signaturd
STEPHEN FRFY
ASSIST.9ALT Uret•r RY
Printedacne 1&Tide
Attest. 0
SURE"IY: LIBERTY MUTUAL INSURANCE COMPANY
(Add signatures for each, surety rf using multiple bonds)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
BY ATTORNEY-IN-FACT:
-� (Power-of-Attorney murt accompany each su>t��bond)
- -
FACT-
BY: Name
'2 -
HEI I L. SMITH, ATTORNEY-IN-FACT
�X—
Si arose
rm R K I ,INC., P 0- ROX_157
Address
1EBANON,_013 A7355
City State Zip
- .541-259-,092
Phone Fax
Parc h I
(EXECUTED IN TRIPLICATE)
ATTACHMENT H
CITY OF TIGARD
PAYMENT BOND
FY 2010-11 PAVEMENT MANAGEMENT PROGRAM
TRAVELERS BOND NO. 105461136 ASPHALTIC CONCRETE OVERLAY
LIBERTYBond Number: 190-023-127
Project Name; FY 2010-11 PMP - ASPHALTIC CONCRETE OVERLAY PROJECT
LIBERTY MUTUAL INSURANCE COMPANY (Surety#1) Bond Amount No. 1; $_ 266,735.62
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety#2)* Bond Amount No.2;* $ 2AA 725 62
*fstrin,gmultiple sureties Total Penal Sum of Bond: S 3R 471 25
We, KNIFE RIVER CORPORATION-NORTHWEST 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) FIVE HUNDRED THIRTY THREE THOUSAND FOUR HUNDRED` (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
"**SEVENTY ONE DOLLARS AND TWENTY FIVE CENTS***($533,471.25)
WHEREAS, the Principal has entered into a contract with the City of Tigatd, the plans, specifications, terms,
and conditions of which are contained in above-referenced project solicitation;
WHEREAS, rite terms and conditions of the contract, together with applicable flans, 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 accordarice with the terms, conditions,
requirements, plans, and specifications, and schedule of contract prices which are set forth in the Contract and
an), 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 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 arising out of the performance of the Contract by the Contractor or its
subcontractors, and shall promptly pay all persons supplying labor, materials, or both to the Principal or its
subcontractors for prosecution of the work provided in the Contract; and shall promptly pay all contributions
due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or
its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon
Department of Revenue all sums required to be deducted and retained from tate 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. materials Cumished, and shall do all things required of
Page 42
2608766
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
HEIDI L. SMITH, JEFFREY N. KING, EDDA J. ZERKEL KING, ALL OF THE CITY OF LEBANON, STATE OF OREGON
...............................................................................................................................................................................................
................................................................................................................................................................................................
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal, acknowledge and deliver,for and on its
behalf as suret and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLON AND 00/100'`"**********'******* DOLLARS($ 50,000,000.00***** )each,and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'a
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N
Q signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 44)
as binding as if signed by the president and attested by the secretary. _
d .N
_ By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Q = Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby a
i authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ _
deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. O
4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W
CE
j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C Q
j
Liberty 9utual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th day of July Q e
M
G LIBERTY MUTUAL INSURANCE COMPANY C
0E
C
0Garnet W.Elliott,Assistant Secretary N p
y a, COMMONWEALTH OF PENNSYLVANIA ss =c
N COUNTY OF MONTGOMERY
O =
On this 15th day of July 2009 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged d
£G — that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above 8
ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. M
.a
AIN TESTIMONY WH P ,} unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year t R*
V first above written. Q• ONW� c .�04
fC C li/ O� �� r T
> U y y iN
Z v OF ` By c 00,L �p��4 Ter sa Pastella,Notary Public v
CERTIFICATEqRY F*=
I,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing
is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorizedbythe chairman or the president to appoint attorneys-in-fact as provided in Article
XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company,this 20TH day of
AUGUST 2010 .
By
David M.Carey,;%ssigtrfit Secretary
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
TRAVELERS, Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 218653 Certificate No. 003455985
KNOW ALL MEN BY THESE PRESENTS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Heidi L. Smith,Jeffrey N. King,and Edda J.Zerkel King
of the City of T.Phanon ,State of Oregon their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 15th
day of May 2007
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
o-aumu ,x+�r wra
yFtRE 4�Na�, N„NSG '1:NSU"`w P�(Y ANO SUNS TY
@ O •.9 JP,......., . gJ s d fjy �OFy M'p
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"b }4 WCORPORATED� y T - m at ,,,�rF m f W rccRPORATft1a= w l �Rc
19 S 2 0 1977 �; ;°s HARTFORD, .� s•1uRrFORD, � �Aao
�..SEALip".% ;�: o; CONN. o �, CONN. m 1896 t
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State of Connecticut By:
City of Hartford ss. Georg Thompson, enior ice President
On this the 15th day of May 2007 before me personally appeared George W.Thompson,who acknowledged
himself to be the Senior Mice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety
Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal. W w”
My Commission expires the 30th day of June,2011. pU9L1G * Marie C.Tetreault,Notary Public
58440-4-09 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER