Intermountain Slurry Seal, Inc ~ CP18003 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUSTACCOMPANYEVERYCONTRACT)
Contract Title: Asphalt Rubber Chip Seal Pilot Program Number:
Contractor: Intermountain S1urrS Seal, Inc. Contract Total- $94,043
Contract Overview- Installation of asphalt rubber chip seal thick oil/rubber mixture followed by
aaggtegate followed by oil fog seal) surface treatment on about a mile of Tigard city
streets (such as Summercrest Drl.
Initial Risk Level- ❑ Extreme ❑ High ❑ Moderate E Love
Risk Reduction Steps- Insurance requirements from matrix
Risk Comments:
Risk Signature
Contract Manager: Mike McCarthy Ext- 2462 Department PW/Engtneeting
Type: ❑ Purchase Agreement ❑ Personal Sergi ice ❑ General Service Q Public Improvement
❑ IGA ❑ Other: Start Date: 7/18/17 End Date: 12/31/17
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Intermountain Slurry-Seal, Inc. $94,043
Blackline, Inc. `We don't have the specialized equipment'
S-2 Contractors, Inc. `We don't do that type of work'
Account String: Fund-Division-Account Work Order—Activity Tyke Amount
FY 2017 18 412-8000-56005 95001-140 $94,043
Approvals - LCRB Date: N/A
Department Comments.
Department Signature: �,�'
Purchasing Comments:
of
Purchasing Signature:
City Manager Commence:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing OATce along with a
completed Contract Checklist.
Contract
PUBLIC IMPROVEMENT CONTRACT-PWR COVERED PROJECT
CITY OF TIGARD
FY 2018 PAVEMENT MANAGEMENT PROGRAM
ASPHALT RUBBER CHIP SEAL PILOT PROGRAM
THIS CONTRACT, made and entered into this 12' day of July, 2017, by and between the City of
Tigard,a municipal corporation of the State of Oregon,hereinafter called"City"and Intermountain Slurry
Seal,Inc. hereinafter called"Contractor",duly authorized to perform such services in Oregon.
RECITALS
WHEREAS, the City requires services which Contractor is capable of providing, under terms and
conditions hereinafter described;and
WHEREAS,time is of the essence in this contract and all work under this contract shall be completed
within the time period stated in the Contract Documents;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby
agree as follows:
TERMS OF AGREEMENT
1. Services
Contractor's services under this Agreement shall consist of the following.
A. 3/8"Asphalt Rubber Chip Seal
B. Traffic Control
C. Mobilization
2. Contract Documents
The Contractor is hereby bound to comply with all requirements of the Contract Documents
prepared by the City and performance pertaining to this Agreement, in the City of Tigard,
Oregon,and by this reference made a part hereof to the same legal force and effect as if set forth
herein in full. The contract documents include the documents with the following titles that are
bound in the solicitation documents and the standard documents comprised of the Oregon
Standard Specification for Construction, 2015, and the City of Tigard Public Improvement
Design Standards.
3. Effective Date and Duration
Contractor shall initiate services upon receipt of City's notice to proceed, together with an
executed copy of this Agreement. This Agreement shall become effective upon the date of
execution and shall expire,unless otherwise terminated or extended,on December 31,2017. All
services shall be completed prior to the expiration of this Agreement.
4. Compensation
A. City agrees to pay Contractor Ninety Four Thousand Forty Three and No/100 Dollars
($94,043.00) for performance of those services provided herein. City certifies that sufficient
funds are available and authorized for expenditure to finance costs of this Contract during
the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary
approval by the Tigard City Council.
B. Timing of Payments: Progress payments, less a five percent retainage as authorized by
ORS 279C.555,shall be made to the Contractor within twenty(20) days of the City's receipt
of the statement of services. The Contractor agrees that the "Time of Completion" is
defined in the Bid Proposal,and agrees to complete the work by said date. The Contractor
and City agree that the City will suffer damages each day the work remains uncompleted
after the Time of Completion and that the amount of those damages are difficult to calculate.
Contractor and City agree that a reasonable amount of damages for late completion is
$500.00 per day and Contractor agrees to pay damages in that amount if the work is not
completed by the Time of Completion.
C. Final Payment: The Contractor shall notifl• the City in writing when the Contractor
considers the project complete,and the City shall,within 15 days after receiving the written
notice,either accept the work or notify the Contractor of work yet to be performed on the
contract.
Upon acceptance by the City,the entire balance due to the Contractor,including the retained
percentage, shall be paid to the Contractor,by the City within 30 days after the date of said
final acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per
month on the final payment due the Contractor,to commence 30 days after the work under
the Contract has been completed and accepted and to run until the date when final payment
is tendered to the Contractor. If the City does not,within 15 days after receiving written
notice of completion,notify the Contractor of work yet to be performed to fulfill contractual
obligations,the interest provided by this subsection shall commence to run 30 days after the
end of the 15-day period.
As a further conditions of final acceptance, the City may require the Contractor to submit
evidence, satisfactory to the City's Representative, that all payrolls, material bills, and other
indebtedness connected with the project have been paid,except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of payment, a surety
bond satisfactory to the City guaranteeing payment of all such disputed amounts when
adjudicated in cases where such payment has not already been guaranteed by surety bond.
5. Prevailing Wage
The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions
pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth.
The Contractor agrees that the workmen in each trade or occupation required for the work to be
done pursuant to the contract, employed in the performance of the Contract, either by the
Contractor or Subcontractor or other person doing or contracting to do any part of the work
contemplated by the Contractor shall be paid not less than the prevailing, minimum hourly rate
of wage specified by the Commissioner of the Bureau of Labor,and attached hereto.
If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon
Prevailing Wage Rate requirements, the Contractor must ensure that workers will be paid the
higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services,
the City may pay for those labor and services and withhold these amounts from payment s that
are due the Contractor in accordance with ORS 279C.515
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Contractor shall provide proof as requested to the City prior to the beginning of any of the work
that the Contractor has filed a public works bond with a corporate surety in the amount of
$30,000 with the Construction Contractors Board as required under Oregon PWR law.
Contractor shall also require in every subcontract to this Agreement that the subcontractor file a
public works bond with the Construction Contractors Board in the amount of$30,000 prior to
starting work on this project unless othem-ise exempt
6. Early Termination
A. This Agreement may be terminated without cause prior to the expiration of the agreed upon
term by mutual written consent of the parties and for the following reasons:
1) If work under the Contract is suspended by an order of a public agency for any reason
considered to be in the public interest other than by a labor dispute or by reason of any
third party judicial proceeding relating to the work other than a suit or action filed in
regard to a labor dispute;or
2) If the circumstances or conditions are such that it is impracticable within a reasonable
time to proceed with a substantial portion of the Contract.
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.
7. Cancellation with Cause
A. City may tertrunate 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:
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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.
8. Independent Contractor Status
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.
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D. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in the
calendar year by any public employer participating in the Retirement System.
E. Contractor shall obtain,prior to the execution of any performance under this Agreement,a
City of Tigard Business License. The Tigard Business License is based on a calendar year
with a December 31 st expiration date. New businesses operating in Tigard after June 30th
of the current year will pay a pro-rated fee though the end of the calendar year.
F. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
9. 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.
10. Nonwaiver
The failure of the City to insist upon or enforce strict performance by Contractor of any of the
terms of this Contract or to exercise any rights hereunder shall not be construed as a waiver or
relinquishment to any extent of its right to assert or rely upon such terms or rights on any future
occasion.
11. Attorney's Fees
s
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 attomey's fees and court
costs including attorney's fees and court costs on appeal.
12. 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.
13. Indemnification
Contractor agrees to indemnify and defend the City,its officers,agents and employees and hold
them harmless from any and all liability, causes of action, claims,losses, damages,judgments or
other costs or expenses including attorney's fees and witness costs and (at both trial and appeal
level, whether or not a trial or appeal ever takes place) that may be asserted by any person or
entity which in any way arise from, during or in connection with the performance of the work
described in this Contract, except liability arising out of the sole negligence of the City and its
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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.
14. Insurance
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term
of this Contract. Such insurance shall cover all risks arising directly or indirectly out of
Contractor's activities or work hereunder, including the operations of its Subcontractors of any
tier. Such insurance shall include provisions that such insurance is primary insurance with respect
to the interests of City and that any other insurance maintained by City is excess and not
contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the
following limits and coverages:
A. Commercial General Liability Insurance: Contractor shall obtain, at contractor's
expense,and keep in effect during the term of this Contract,Comprehensive General Liability
Insurance covering Bodily Injury and Property Damage on an"occurrence" form(CG 2010
1185 or equivalent). This coverage shall include Contractual Liability insurance for the
indemnity provided under this Contract The following insurance will be carried:
Coverage Limit
General Aggregate $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
B. Commercial Automobile Insurance: Contractor shall also obtain,at Contractor's expense,
and keep in effect during the term of the Contract, "Symbol 1" Commercial Automobile
Liability coverage including coverage for all owned, hired, and non-owned vehicles. The
Combined Single Limit per occurrence shall not be less than$2,000,000.
C. Workers' Compensation Insurance: The Contractor, its Subcontractors, if any, and all
employers providing work,labor or materials under this Contract are subject employers under
the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which
requires them to provide workers' compensation coverage that satisfies Oregon law for all
their subject workers. Out-of-state employers must provide Oregon workers'compensation
coverage for their workers who work at a single location within Oregon for more than 30
days in a calendar year. Contractors who perform work without the assistance or labor of
any employee need not to obtain such coverage." This shall include Employer's Liability
Insurance with coverage limits of not less than$1,000,000 each accident
D. Additional Insured Provision: The City of Tigard, Oregon, its officers, directors, and
employees shall be added as additional insureds with respect to this contract. All Liability
Insurance policies will be endorsed to show this additional coverage.
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E. Insurance Carrier Rating: Coverage provided by the Contractor must be underwritten by
an insurance company deemed acceptable by the City. The insurance carrier shall have a
minimum of an AM Best Rating"A" with a financial strength of VII or better. The City
reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Certificates of Insurance: A copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company, or at the discretion of City, in
lieu thereof; a certificate in form satisfactory to City certifying to the issuance of all such
insurance provisions of this Contract shall be forwarded to:
City of Tigard
Attn: Office of Contracts and Purchasing
13125 SW Hall Blvd
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work and no
Contract shall be effected until the required certificates have been received and approved by
the City. Ten days cancellation notice shall be provided City by certified mail to the name at
the address listed above in event of cancellation or non-renewal of the insurance.A renewal
certificate will be sent to the above address 10 days prior to coverage expiration. The
procuring of such required insurance shall not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total
amount of any damage,injury,or loss connected with this Contract.
G. Primary Coverage Clarification: All parties to this contract hereby agree that the
contractor's coverage will be primary in the event of a loss.
H. Cross-Liability Clause: A cross-liability clause or separation of insureds clause will be
included in all general liability,and pollution policies required by this Contract.
15. 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,
mail or by email. All notices, bills and payments will need to be sent through email to
andrewn@dgard-or.gov. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD INTERMOUNTAIN SLURRY SEAL,INC.
Atm: Mike McCarthy,Sr.Project Engineer Attn: Marc Thoreson
Address: 13125 SW Hall Blvd. Address: 1120 Terminal Way
Tigard,Oregon 97223 Reno,Nevada 89502
Phone: (503) 718-2462 Phone: (775) 358-1355
Email: mikemtu'�ti�asd-oror.gov Email: marc.thoresonngcinc.com
and when so addressed, shall be deemed given upon deposit in the United States mail,postage
prepaid. In all other instances,notices,bills and payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the person to whom notices,
bills and payments are to be given by giving written notice pursuant to this paragraph.
7 ,, <;
16. 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.
17. 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.
18. Complete Agreement
This Agreement constitutes the entire Agreement between the parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either 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.
CITY OF TIGARD INTERMOUNTAIN SLURR SEAL,INC.
Signature In Signature Kathleen Schre ngost,Vice President
7//-Z/?. ( 7/13/17
Date Date
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EXHIBIT A
SCOPE OF SERVICES
The Contractor shall be responsible for services toward the improvement of various road in the City
of Tigard by placing 3/8"Asphalt Rubber Chip Seal and FOG Seal on identified roadways. Contractor
shall also be responsible for traffic control and mobilization for the project The work will be completed
in accordance with the 2015 Oregon Standard Specifications for Construction.
FY 2018 City of Tigard Candidates for Asl2halt Rubber Chin Seal and Fog Seal
Street From To Len I h Width �a Area
SY
Summercrest Dr forth Dakota St End 4,050 32 129,600 14,400
Summercrest Dr Cul-de-Sac Summercrest Dr End 230 32 7,360 818
Summer Sr `urnmercrest Dt 121st Av f 850 32 27,200 3,022
Tigard Dr Cul-de-Sac Tigard Dr End 75 75 5,625 625
116th Ave 'Iigard Di End 400 32 12,800 1,422
114th Pl Tigard St End 500 32 16,000 1,778
Subtotals 6,105 198,585 2.2,065
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EXHIBIT B
CONTRACTOR'S PROPOSAL
InTERMOUnTRIn
Date of Proposal:5/25/17 Proposal Valid Until:
TO: City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
PHONE: 503-639-4171
EMAIL:
Description and Location of Work:City of Tigard AR Chip Seal
ITEM ITEM DESCRIPTION - • TOTAL
1 Mobilization 1.00 LS $ 5,000.00 $ 5,000.06
2 Traffic Control 1 LS $ 3,300.00 $ 3,300.00
3 3/8"AR Chip Seal 24,498 SY $ 3.50 $ 85,743.00
TOTAL $ 94,043.00
Note:Proposal Includes Traffic Control.Flagging is billed by the hour at a rate of$60/HR
Special Conditions/Exclusions:
1) Bonds are excluded but are available at 1%of bid price.
2) This quote is based on one move-in,additional move-ins will be charged at$10,500.00 each.(Move-in
defined as a deviation from agreed upon work schedule)
3) Excessive cleaning not included(i.e.contractor debris,landscaping material,equipmenttracking of mud,
etc.)
4) Not responsible for lay out limits,to be done by prime contractor.
5) Not responsible for reflective cracking or sub-grade failure.
6) This proposal is based on all work being performed in one mobilization.Three weeks leadtime required
for mobilization.
7) This proposal assumes that mutually agreeable commercial and legal terms and conditions willbe
reached.
8) A suitable stockpile location and water source to be furnished by others.
9) This Proposal and Construction Contract is subject to the terms and conditions attached.
If you have any questions regarding this proposal,please give me a call at(775)358-1355.
Thank you for your consideration.
Sincerely,
W&W %*""
Marc Thoreson Construction Manager
Intermountain Slurry Seal,Inc
1120 Terminal Way
Reno,Nevada 89502
PHONE:(775)358-1355
FAX:(775)355-3458
NV Contractors LIC#0023657
10 g
ATTACHMENT A—PERFORMANCE BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
FY 2018 PAVEMENT MANAGEMENT PROGRAM
ASPHALT RUBBER CHIP SEAL PILOT PROGRAM
Bond Number: 106670589
Project Name: FY 2018 Pavement Management Program Asphalt Rubber Chip Seal Pilot Program
Travelers Casualty and Surety Company of America (Surety#1) Bond Amount No. 1: $ 94,043.00
N/A (Surety#2)* Bond mount No. 2:* $ N/A
*Yusingmultiple sureties Total Penal Sum of Bond: $ 94,043.00
We, Intermountain Slurry Seal, Inc. as Principal, and the above identified
Surety(ies),authorized to transact surety business in Oregon, as Surety,hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators,successors,and assigns firmly by these presents
to pay unto the City.of Tigard, a municipality of the State of Oregon, the sum of(total Penal Sum of
Bond) Ninety Four housand Forty-Three and Zero Cents ($94,043.00)---------------------------- (provided,
that we the Sureties bind ourselves in such sum"jointly and severally"as well as "severally"only for the
purpose of allowing a joint action or actions against any or all of us,and for all other purposed each Surety
binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety),and
WHEREAS,the Principal has entered into a Contract with the City of Tigard,the plans, specifications,
terms,and conditions of which are contained in the above-referenced project solicitation;
WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard
specifications, special provisions, schedule of performance, and schedule of Contract Prices, are made a
part of this Performance Bond by reference,whether or not attached to the Contract(all hereafter called
"Contract';and
WHEREAS,the Principal has agreed to perform the Contract in accordance with the terms,conditions,
requirements,plans, and specifications,and all authorized modifications of the Contract which increase
the amount of the work, the amount of the Contract, or constitute an authorized extension of the time
for performance,notice of any such modifications hereby being waived by the Surety:
NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal
herein shall faithfully and truly observe and comply with the terms of the Contract and performs the
Contract within the time prescribed by the Contract, then this obligation is null and void; otherwise it
shall remain in full force and effect If the Contractor is declared by City to be in default under the
Contract,the surety shall promptly remedy the default,perform all of Contractor's obligations under the
Contract in accordance with its terms and conditions and pay to City all damages that are due under the
Contract This obligation jointly and severally binds the Contractor and surety and their respected heirs,
executors, administrators, and successors. Nonpayment of the bond premium shall not invalidate this
bond not shall the City of Tigard be obligated for the payment of any premiums.
111 Page
Said surety for value received,hereby stipulates and agrees that no change, extension of time,alteration,
or addition to the terms of the Contract, or the Work to be performed thereunder, or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change,extension of time,alteration,or addition to the terns of the Contract or to the
Work or to the specifications.
This Performance Bond shall also guarantee the subject project against defects in materials or
workmanship for a period of one(1)year from the date of written Substantial Completion acceptance of
the subject project by the City of Tigard.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 13th day of July . 2017
PRINCIPAL• Intermountain Slurry Seal, Inc.
By:
Q U IV]' ���� Signa
��•'� ale :N% Kathleen Schreckengost,Vice President
73-C= Printed Name&Title
'0 i K.
:► �'•�:�Q .f'g�� Attest See Attached Certificate of Secretaty
%`,,` SURETY.Travelers Casualty and Surety Company of America
(Add izgnaturr r for each.runty if using mule bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accotVany each.rune_*bond)
Ashley Stinson,Attorney-in-Fact
Name
Signature
1 Tower Square
Address
Hartford CT 06183
City State Zip
(860)277-1914
Phone Fax
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INTERMOUNTAIN SLURRY SEAL,INC.
CERTIFICATE OF SECRETARY
1;Kathleen Schreckengost,Assistant Secretary of INTERMOUNTAIN SLURRY SEAL,INC.,a
Wyoming corporation(the"Company'),do hereby certify that the following is a true and correct copy of
resolutions duly adopted effective December 18,2014 by unanimous written consent and without a
meeting as authorized by 17-16-821 of the Wyoming Business Corporation act and the Bylaws of the
Company:
AUTHORIZATION OF APPROVED CONTRACT SIGNERS
RESOLVED,that the below listed officers are authorized to execute and deliver on behalf of the
Company all documents,agreements and undertakings required in connection with construction contract
formation and operations of the Company;
Jason T. Klaumann President
Kathleen Schreckengost Vice President,Treasurer&Assistant Secretary
Darren S.Beevor Vice President, Controller&Secretary
Gary R.Price Vice President&Assistant Secretary
Ryan W.Brady Assistant Secretary
RESOLVED FARTHER,that the below listed individuals of Granite Construction Incorporated,
parent of the Company,are authorized to execute and deliver on behalf of the Company all documents,
agreements and undertakings required in connection with construction contract formation and operations of
the Company:
James H.Roberts President&Chief Executive Officer
Christopher S.Miller Executive Vice President,Chief Operating Officer&Assistant Secretary
Laurel J.Krzeminski Senior Vice President,Chief Financial Officer&Assistant Secretary
Philip M.DeCocco Senior Vice President of Human Resources&Assistant Secretary
Michael F.Donnino Senior Vice President,Group Manager&Assistant Secretary
Patrick B.Kenny Senior Vice President,Group Manager&Assistant Secretary
Martin P.Matheson Senior Vice President,Group Manager&Assistant Secretary
James D.Richards Senior Vice President,Group Manager&Assistant Secretary
Richard A.Watts Senior Vice President,General Counsel,Corporate Compliance Officer&Secretary
Jigisha Desai Vice President of Corporate Finance,Treasurer,Assistant Financial Officer&
Assistant Secretary
Bradley G.Graham Vice President,Controller,Assistant Financial Officer&Assistant Secretary
Nicholas B.Blackburn Director of Corporate Taxation&Assistant Secretary
RESOLVED FURTHER,that the authority provided for herein shall be in accordance with applicable
policies,procedures and limits of authority previously approved and the Granite Construction Incorporated
Delegation of Authority and Policy then in effect.
Page 1 of 2
L-SHARM.COUAL1XtiRP Caps toM-C 1S Mcbui,YA=xg CU1--1kU7Re&0kA='2014CiK Cau L,ISS 12.14.Ro dw
AUTROAMATYON OF g&PPROVED ATTESTORS
IIESOLVED,that the below listed officers a e authorized to attest doeumu nts,agreements and
mWertkings requir&in emnectim with uonrstruction cona-act formation and operations of the Company.
Jason T.Klamnamti Fresidmt
Kathy 5cllreckerFrst Vice President,Tmasure r&--Usirort Secretar.=
Dexron S.Beevor Vice Presidm t,Contrehier&Secreiary r
G.-try R.Price Vice President&Assistant Secretary
Ry.:n W.Brady A-WW ant See n:tary
RI,SOLVED FURTHER,that ihe;be lnw listed inditQuals of Granite Constructinn Incorporated,
2rmt of the:Company,are auewrized to attest doeurr!euts,agreements and undertakings re quLlod in
connection wits construction contract formation and operations of the Companv.
James H.Roberts President&Chief Executive OfiLicer
Christopher S.Miller Es e.u&ve Viii Presid nt, Chie Operating Officer.&Assistant Secretary
Laum"J. Xmzmimld Senior Vice President,Chief Financia?Officu-r&-Usistant Secruten•
Philip M.DeCocco Senior Vice President of Human Resources&Assistant Secretar;
Michael F.vannino Senior Vice President,Group Manager&Assistant Secretary
Patrick E.Kenny Senior Vice President,Group Manager&Aso!stant Sec--etary
Martin P.Mataeson Senior Vice President,Group Manage*&Assistant Secretary
James D.Richards Senior Vice President,Group Mancger&Assistant Secretary
Ric,;+ard A.Watts Se^..ior Vice President,General Counsel,Corporate Compliance Officer&Secretary
Jigssba Desai Vice President of Corporate Finance,Treasurer,Assistant Financial Officer&
Assistant Secretary
Bradley G.Graham Vice President,Controller,Assistant Financial OfFecr&Assistant Secretary
Nicholas B.Blackburn Director of Corporate Taxation&Assistant Secretary
Kenneth 1X;.Smith Group Counsel&Assistant Secretary
Jason M.Jasper Group Counsel&Assistant Secretary,
Heather J.Lenhardt Group Counsel&Assistant Secretary
Dated. December 19,2014
Kohl S JI
0 19
Paget of"
+:xu:r:�.er?pz.,roe,em.*:�c•�-.r�s�:.«-=n.��:�.°S��,t�:a+axs.�r;"��aaec�-sarw5:t.ia-�w,e
A notary public or other officer completing this
certificate verifies only the identity of the individual ACKNOWLEDGMENT
who signed the document to which this certificate is
attached,and not the truthfulness,accuracy,or validity
of that document.
State of California
County of Santa crus )
On July 13, 2017 before me, M.I. Barron,Notary Public
(insert name and title of the officer)
personally appeared Ashley Stinson
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. " ; +, cL lmissi:m 2
Notary Public Cal'sioro',ia
.'� Santa Cruz County
M Comm Expires Mar 18,
Signature ka &AA4 (Seal)
M.I. Barron,Notary Public
ATTACHMENT B—PAYMENT BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
FY 2018 PAVEMENT MANAGEMENT PROGRAM
ASPHALT RUBBER CHIP SEAL PILOT PROGRAM
Bond Number: 106670589
Project Name: FY 2018 Pavement Management Program Asphalt Rubber Chip Seal Pilot Program
Travelers Casualty and Surety Company of America (Surety#1) Bond_amount No. 1: $ 94,043.00
N/A (Surety#2)* Bond Amount No.2:* $ N/A
*If using multiple sureties Total Penal Sum of Bond: $ 94,043"00
We, Intermountain Slurry Seal, Inc. as Principal, and the above identified
Surety(ies),authorized to transact surety business in Oregon,as Surety,hereby jointly and severally bind
ourselves,our respective heirs,executors,administrators,successors,and assigns firmly by these presents
to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of(total Penal Sum of
Bond)Ninety Four Thousand Forty-Three and Zero Cents($94,043.00)------------------------------ (provided,
that we the Sureties bind ourselves in such sum"jointly and severally"as well as"severally"only for the
purpose of allowing a joint action or actions against any or all of us,and for all other purposed each Surety
binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth
opposite the name of such Surety),and
WHEREAS, the Principal has entered into a Contract with the City of Tigard,the plans, specifications,
terms,and conditions of which are contained in above-referenced project solicitation;
WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard
specifications, special provisions, schedule of performance, and schedule of Contract Prices, are made a
part of this Payment bond by reference, whether or not attached to the Contract (all hereafter called
"Contract');and
WHEREAS,the Principal has agreed to perform the Contract in accordance with the terms,conditions,
requirements, plans, and specifications, and schedule of Contract Prices which are set forth in the
Contract and any attachments, and all authorized modifications of the Contract which increase the
amount of the work, or the cost of the Contract, or constitute authorized extensions of time for
performance of the Contract,notice of any such modifications hereby being waived by the Surety:
NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall
faithfully and truly observe and comply with the terms, conditions,and provisions of the Contract,in all
respects,and shall well and truly and fully do and perform all matters and things to be performed under
said Contract and any duly authorized modifications that are made,upon the terms set forth therein,and
within the 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
13 1 Page
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 the wages of employees of the Principal and its subcontractors pursuant to ORS 316.167,
and shall permit no lien nor claim to be filed or prosecuted against the City on account of any labor or
materials furnished; and shall do all things required of the Principal by the laws of the State of Oregon,
then this obligation shall be void;otherwise,it shall remain in full force and effect.
Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated
for the payment of any premiums.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 13th day of July 2017
PRINCIPAL:Intermountain Slurry Seal, Inc.
lz
Kathleen Schreckengost,Vice President
Printed Name&Title
00 '•�e �' : See Attached Certificate of Secretaty
••.......• co Attest:
Jvi .
SURETY: Travelers Casualty and Surety Company of America
(Add signatures for each surety if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-A.ttorney must accompany each surety bond)
Ashley Stinson,Attorney-in-Fact
Name
Signature
1 Tower Square
Address
Hartford CT 06183
City State Zip
(860)277-1914
Phone Fax
141Page
A notary public or other officer completing this
certificate verifies only the identity of the individual ACKNOWLEDGMENT
who signed the document to which this certificate is
attached,and not the truthfulness,accuracy,or validity
of that document.
State of California
County of Santa Cruz )
On July 13, 2017 before me, M.I. Barron,Notary Public
(insert name and title of the officer)
personally appeared Ashley Stinson
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the
person(s), or the entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. gc h :>. ft-arntsslon#2,r_1.=w �>
;y! w0tary public-C=firor tla
�.' Santa crus County
Expurs Mar 18,2019
Signature � kb& (Seal) t
M.I. Barron,Notary Public
TRAVELERS
POWER OF ATTORNEY
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.228138
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 doherebymake, constitute and appoint John D. 011118nd,ligishe Desai,K-WhIeen SSd1ireakengos, Catherine G&w&vson,Ashley
Mix son,and LMien Tse of the Cityof Watsonville, State of California,their true and lawful Attorney(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, recwgnizances, 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.
This Power of Attorney is limited to bonds,recognizances,conditional undertakings and other writings obligatory In the nature thereof for
Granite Construction Incorporated and all subsidiaries and affiliates,alone or in joint venture.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,
this 26th day of June,2014.
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 5
No
loll 8 Iasi
State of Connecticut
By:
City of Hartford ss. Robert L.Raney,Senior Vice President
On this the 26th day of June, 2014, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice 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. p.
My Commission expires the 30th day of June,2016.
Marie C.Tetreault,Notary Public
Page 1 of 2
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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,which resolutions are now in full force
and effect, reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President,
any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of
authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and
other writings obligatory in the nature of a bond,recognizance,or conditional undertaking, and any of said officers or the Board of Directors at
any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President,any Senior Vice President or any
Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that
each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or
conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice
President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate
Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly
executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or
their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by
facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or
Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and
any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and
any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the
future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes,the undersigned,Assistant Secretary,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 do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,
which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this July 13,2017
Kevin E. Hughes,Assistant Secretary
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sz� CMMK
�s*� ��s�f � 19Sf "� � �`���L; �Si'�$��:►'f � "raw` ,� •� � � '�;
To verify the autheneWty of ifiis power ofAttorney,call 1,800-421-3880 or contact us at www.ftyWarsbond.com.Please refer to the
Attorney-In-Fact number,Me above-named Ind/viduals and Me details offbe bond to which the power is attached.
Page 2 of 2
ATTACHMENT C—OREGON PREVAILING WAGE RATES
CITY OF TIGARD
FY 2018 PAVEMENT MANAGEMENT PROGRAM
ASPHALT RUBBER CHIP SEAL PILOT PROGRAM
May be downloaded from:
hM2://www.oregQn.gov/boli/WHD/PWR/Pages/p= state.asl2x
15 1' .ag;