Jeff Carter Construction, Inc ~ CP18004 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORM MUSTACCOMPANYEVERY CONTRACT
Contract Title: Tigard Street Bridge Repairs Number: CP18004
Contractor: Teff Carter Construction, Inc. Contract Total: $64,750
Contract Overview: Services include temporary repairs to structural elements of the Tigard Street bridge
over Fanno Creek.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps: Insurance requirements from matrix
Risk Comments:
Risk Signature:
Contract Manager: Mike McCarthy Ext: 2462 Department: PW/Engineering
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ® Public Improvement
❑ IGA ❑ Other: Start Date: 7/17/17 End Date: 12/31/17
Quotes/Bids/Proposal: FIRM AMOUNT/ ORE
Blackline. Inc. $64,750
Northbank Civil&Marine $94,667
Farling Bridge, Inc. `Too Busv'
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 2017/18 -296-8000-56005 95058-140 $64.750
WOO
Uprovals - LCRB Date:N/A
Department Comments:
Department Signature:
Purchasing Comments
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
PUBLIC IMPROVEMENT CONTRACT
PWR COVERED PROJECT
CITY OF TIGARD
TIGARD STREET BRIDGE REPAIRS
THIS CONTRACT, made and entered into this 12th day of July, 2017, by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Jeff Carter
Construction,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. Construct temporary steel repairs to bridge substructure
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 Sixty Four Thousand Seven Hundred Fifty and No/100 Dollars
($64,750.00) 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 notify the City in writing when the Contractor
considers the project complete,and the City shall,within 15 days after receiving the written
notice,either accept the work or notify the Contractor of work yet to be performed on the
contract.
Upon acceptance by the City,the entire balance due to the Contractor,including the retained
percentage,shall be paid to the Contractor,by the City within 30 days after the date of said
final acceptance.
The City shall pay to the Contractor interest at the rate of one and one-half percent per
month on the final payment due the Contractor,to commence 30 days after the work under
the Contract has been completed and accepted and to run until the date when final payment
is tendered to the Contractor. If the City does not, within 15 days after receiving written
notice of completion,notify the Contractor of work yet to be performed to fulfill contractual
obligations,the interest provided by this subsection shall commence to run 30 days after the
end of the 15-day period.
As a further conditions of final acceptance, the City may require the Contractor to submit
evidence, satisfactory to the City's Representative, that all payrolls,material bills, and other
indebtedness connected with the project have been paid,except that in case of any disputed
indebtedness or liens, the Contractor may submit in lieu of evidence of payment,a surety
bond satisfactory to the City guaranteeing payment of all such disputed amounts when
adjudicated in cases where such payment has not already been guaranteed by surety bond.
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
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 requited under Oregon PWR law.
Contractor shall also require in every subcontract to this Agreement that the subcontractor file a
public works bond with the Construction Contractors Board in the amount of$30,000 prior to
starting work on this project unless otherwise exempt.
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 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.
8. Indel2endent 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.
D. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in the
calendar year by any public employer participating in the Retirement System.
E. Contractor shall obtain,prior to the execution of any performance under this Agreement,a
City of Tigard Business License. The Tigard Business License is based on a calendar year
with a December 31st expiration date. New businesses operating in Tigard after June 30th
of the current year will pay a pro-rated fee though the end of the calendar year.
F. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
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
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.
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
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.
E. Insurance Carrier Ratir : 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 Malting 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@tigard-or.gov. Notices,bills and payments sent by mail should be addressed as follows:
CITY OF TIGARD JEFF CARTER CONSTRUCTION,INC.
Attn: Mike McCarthy,Sr.Project Engineer Attn: Jeff Carter
Address: 13125 SW Hall Blvd. Address: 5510 Wigeon Street SE
Tigard,Oregon 97223 Salem,Oregon 97306
Phone: (503) 718-2462 Phone: (503) 949-1533
Email: mikern2 igard-or.gov Email: jeffcarterconst&gmail.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.
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 JEFF CARTER CONSTRUCTION,INC.
Jeff Carter°Na���M=�n.@ao a -US
D,t,-00170.1814:17:47-07-00-
Signature Signature
7. 26' Z Q July 18,2017
Date Date
EXHIBIT A
SCOPE OF SERVICES
Construct Repairs
The work to be performed consists of the following repairs to be performed by the Contractor on the
Tigard Street Bridge: Per OBEC Drawings dated April 2017.
1. Construct temporary steel repairs to bridge substructure
The Contractor will be responsible for all means and methods. The work will be completed in
accordance with the 2015 Oregon Standard Specifications for Construction.
EXHIBIT B
CONTRACTORS PROPOSAL
JEFF CARTER CONSTRUCTION, INC.
5510 WIGEON STREET SE DATE Quote
SALEM, OREGON 97306 6/19/2017 1-Tig-2017
PH (503)949-1533
FAX(503)763-1435
0effcarterconstPgmail.com
OWN ER/LOCATION Project:
City of Tigard Tigard Street Bridge Repairs
13125 SW Hall Blvd.
Tigard, Oregon 97223
Contract#
Item Description Quantity Unit Unit Price Amount
1 Bridge Repairs 1 LS $ 64,750.00 $ 64,750.00
TOTAL $ 64,750.00
CONDITIONS:
Work to be performed per OBEC construction drawings sheet 1-5.
Bridge closure traffic control not included in this quote.
ATTACHMENT A—PERFORMANCE BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
Bond Number: 53S202780
Project Name: Tigard Street Bridge Repairs
The Ohio Casualty Insurance Company (Surety#1) Bond Amount No. 1: $ 64,750.00
(Surety#2)* Bond Amount No. 2:* $
If using multiple sureties Total Penal Sum of Bond: $ 100%
We, Jeff Carter Construction, 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) Sixty Four Thousand Seven Hundred Fifty and No/100 Dollars (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 nor shall the City of Tigard be obligated for the payment of any premiums.
Said surety for value received,hereby stipulates and agrees that no change,extension of time,alteration,
or addition to the terms of the Contract,or the Work to be performed thereunder, or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any such change,extension of time,alteration,or addition to the terms of the Contract or to the
Work or to the specifications.
This Performance Bond shall also guarantee the subject project against defects in materials or
workmanship for a period of one (1)year from the date of written Substantial Completion acceptance of
the subject project by the City of Tigard.
IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED
AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES.
Dated this 19th day of July ,2017
PRINCIP
By.
Signature
P &Title
Attest:
SURETY: /he Ohio Casualty Insurance Company
(Add signatures for each surety if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Power-of-Attorney must accompany each jurety bond)
Robert W. Lagler
Name
Signature
1499 SE Tech Center Place Suite 28
Address
Vancouver WA 98683
City State Zip
(360)892-5840 (360)892-5871
Phone Fax
.J -� �
THIS POWER OF ATTORNEY IS NOT! VALID UNILESS IT IS PRINTED ON REO 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.
Certificate No.7642420
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
RNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
iberty Mutual Insurance Company is a corooration duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly
organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name;constitute and appoint,
Dawn L.Cover,Michele L Lacey;Robert W.Lagler
4.
all of the city of VANCOUVER ;tate of wA_ each{ndrvrdually if there be more titan one namstf,its true and.lawful attorney int; ao make,exesu#e,seal.acknowledge
and deliver,for and on its behalf as surety and as its act:ani deed ariy Arid all undertakings bonds.rillnlzanees and other:surety obligationi,in-pursuance of these presents ono shall
Pe as binding upon the Companies as if they have been duly signed aythe,president and attested by-the secretary of the GitrYipar,ies in their overt proper persons.
IN WI'"Joss WHEREOF;this Power of Attorney has beets subscnbeo by an authorized off per or olfiaal dithe:Gompanies and:the corpurat seals of the Companies 0a1 a been affixed
Thereto this 3rd day of March 2017
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WestAmerican Insurance Company
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STATE OF PENNSYLVANIA ss David M.Care6ssistant Secretary i
COUNTY OF MONTGOMERYCP
_ im On this 3rd day of March , 2017 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance
O w Company,The Ohio Casualty Company,and West American insurance Company,and that he,as s�ich, being authorized so to do,execute the foregoing instrument for the purposes (fl
therein contained by signing on behalf of the rorocratiors by himself as a drily authorized officer. LLI
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4+ > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. 0 C.
isq 90. FAST COMMONWEALTH OF PENNSYLVANIA Z G
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sr �Q..9�rpoN x�,`t I NOX111111 seal
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0 oe 1 Upper MetiunTxp Montgomery C. ty, Teresa Pasteila,Notary Public a)M
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c tl This Power of Attomey is made and executed oursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual •cn e.
y' ; insurance Company,and West American Insurance Company which resolutions are now in full for^e and effect reading as follows: C
ARTICLE IV-OFFICERS-Se,;tion 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose it writing by the Chairman or the President,and subject O
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}; to such iimitatior•as the Chairman or the President may prescribe,shall appoint such attomeys-ir-fact,as may be necessary to act in behalf cf the Corporation tc make,execute,seal, ,ID
o.�; acknoMedge and deliver as surety any and ail undertakings,bonds,reccgnizances and other surety obligations. Such attorneys-in-fact.subject to the limitations set forth in their respective °a
07; powers of attorney,shall stave fu!I power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so aD
Lexecuted.such instruments shall be as binding as if signed by the President and attested to b;the Secretar;.!.Any power or authority granted to any representative or attorney-m-fact under
the provisions of this article may be revoked a:any time by the board,the Chairman;the Presid nt or by the officer or officers granting such power or authority. 10
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, }r off®
> and subject to sunt•:limitations as the chairman or the resident may prescribe,shat:appoint such attorneys-in-fact,as may be necessary to art in be of the Company to make,execute, E;
j P y'P - P ry
seal,acknowledge and deliver as surety any and all undertakings bunds.recegnizances and other surety obligations. Such aftomeys-in-fact subject to the limitations set forth in their CO
T respective powers of attorney,shall have full po.ver to bind the Compary by their signature and execution of any such instruments and to attach thereto the seal of the Ccirpary When se q 10
executed such instruments shall be as binding as if signed by the president and attested by the secretary. to
Certificate of Designation-The Preidiint of the Corrpanj acting Pursuant to#, Bylavrsaf the Company,authorizes David M_ Carey`Assistant Secretary to appoint such attorneys-in-
3o
fact as may be necessary to act or betialfti#the Companyfo make,exiso4to,seal,acr, owledge and deliver as surety any acid all undertakings`,bonds,recognizances and other surety
obligations.
Authorization-By unanimous consent of the Company's Board of 0#rectors;the Company consents that facsimile or m$chanically reprodut>Fri signature cf any assistant secretary rf the
Company,whPre,,er appearing upon a cerufled copy of any power of attorney issued by the Company-#n cortnectjon witty stKety bonds,shall be 4idsod binding upon the Company with
the same force and effect as though manually affixed
I, Ranee C. L!eweHyn, the undersigr•,ed, AssisryTOWXisuafty Insurance,.-. inpariy, Liberty. Mptual Iristiii iiee Compary, and.Mist An-:erican Insurance Company do
hereby certify that the original power of at+omey of iNtltchthe foregoing is a Tup true arlo correct copy 0f the Power of Atttoraey exceuted by sattf Companies, is it toil force aria effect and
has not been revoked.
IN TESTIMONY WHEREOF,I nave hereunto set my hand and affixed the seals of said Companies this day ofZp 11
1•{INSU�^ ,y 1NSUR.4 PN iNSIl
"92f'
1919 n1912 1991 3y:_ �°
o a s Renee C.Uev GyKssistant Secretary
79 of 200
LMS 12873 022017
ATTACHMENT B-PAYMENT BOND
PUBLIC IMPROVEMENT CONTRACT
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
Bond Number: 535202780
Project Name: Tigard Street Bridge Repairs
The Ohio Casualty Insurance Company (Surety#1) Bond Amount No. 1: $ 64,750.00
(Surety#2)* Bond Amount No. 2:* $
*If using multiple sureties Total Penal Sum of Bond: $ 100%
We, Jeff Carter Construction, 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) Sixty Four Thousand Seven Hundred Fifty and No/100 Dollars (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
Compensation Fund from the Principal or its subcontractors in connection with the performance of the
r �
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 19th day of July 2017
PRINCIPAL:
By: ,,
Signature
Zme / .?a IES I u e)J i
P Name&Title
Attest:
SURETY/The: Ohio Casualty Insurance Company
(Add signatures for each surety if using multiple bonds)
BY ATTORNEY-IN-FACT:
(Power--of-Attorney must accompany each surety bond)
Robert W. Lagler
Nam
Signature
1499 SE Tech Center Place, Suite 280
Address
Vancouver WA 98683
City State Zip
(360)892-5840 (360)892-5871
Phone Fax
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.
Certificate No.7642421
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS-That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachasetts, and West American Insurance Company is a corporation duly
organized under the laws of the State of'.ndiara(herein rollect!vely called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,
Dawn L.Coyer;Michele L Lacey-Robert W.Lagler
!t
all of the city of VANCOUVER ,state of VUA eacti individually if there be+nore.#tlati:one rtaitled its true and lawful attorney."ct to make,execute,seal:acknowledge
and deliver,for and nn its behalf as surety and as its act and deed Orj .fid all undertakings botids zecognr 6*es anc!44i surety obligation9j:j0piursuance of these presents and shall
be as binding upon the Companies as if they have been du4y signedhy Hie president and attest6dbi:;the secretary of the Cptipanies in their ouu►i proper persons.
IN WITNESS WHEREOF,this Power of Attorney has bef r subscribed by an.authorizedofffca>or 6fflciai oftll8 Eumpanif a i1d the corparat seaIs of the Companies have been affixed
;lereto t`1is 3rd,_day of March = 2U1 Z
The Ohio Casuaitt Insurance Company Va
Liberty Mutual Insurance Companyn
p tsi�� ° a y
1912 1991
x txe West American Insurance Company
By:
�ecr. .0
,• � R � < .�
STATE OF PENNSYLVANIA ss David M.Carey.Assistant Secretary R`
COUNTY OF MONTGOMERY =:
�1 Or this 3rd day of,_March 2017,before m9 personally appeared David M.Carey,r:he acknowledged himself to ae the Assistant Secretary of Liberty Mutual In .0 .
o Company,The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do. execute the foregoing instrument for the purposes >,U)p therein contained by signing on behalf of the corporations by himself as a duly authorized officer- c LLI
> A WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year 51st above written. O C.
yr1 p4Sp� COMMONWEALTH OF PENNSYLVANIA ! '�Mi
u��o Nw£�`�{C Nutarial Seal �
by z Teresa Pesteilo,Notary Publu � By: �__�. --- ---- L Zi
O � of r Upper f1wtonTwpa,Mur1tgrmmwry County Teresa Pastella,Notary Public y C.
O ` 4 1 defy Comm"kinin Expiras fr gmt-,,28,2C21 �!
v
Member. !
0 Ed
C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty klutuai tri G
` Insurance Company,and West American Insurance Company which resolutions are now in fuli force and effect reading as folluws: C
ARTICLE IV-OFFICERS-Section 12 Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Charman or the President,and sub ect O st
to such limitation as the Chairman or the Pr4sident may prescribe.shalt appoint such attorneys-in-fact,as may be necessary to act r behalf of the Corporation tc make,execute,seal, +y0,
O acknowledge and deliver as surety any and all undertakings,bonds,recognizances ana other surety obligations. Such attorneys-in-fact,subject to the!imitations set forth in their respective 3'
powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach;hereto the seal of the Corporation. When so '� all
9 executed,such instruments shall be as binding as if signed by the President and attested to by the S.,cr tary.Any power or authority granted is any representative or attorney-in-fact under >M
the provisions of this article clay be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. CD
r S'`l
cc C. ARTICLE XIII Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose+n writing by the chairman or the oresdent, ui
? e and subject to such 5mitations 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,exeiute, s°I
ra Z seat,acknowledge and dAiiver as surety any and al:undertakings,bonds,-ecognizaoces and other surety obligatiops. Such attorneys-in-fact subject to the limitations set forth in their co
respective powers of attorney,shall have full power to'bind the Company by their signature and exea.ition of ary such instrudnents and to attach thereto the seal of the Company. When so 00
executed such instruments shat be ds flirlding as if signed by the president and attested by the secretary.
O r
Certificate of Designation The President of the Company,acting pursuanf to the Bylawsof Iha;Company authorizes David M.Carey Asaistarit Secretary t•a appoint such atierneys in
fact as may be necessary to act on behallf 4ibe Company to rttake,;e iecitte;seal,acknowledge.and delrvaf as surety arty acid all undertakings;bonds.reccgnizances and other surety
obligations.
Authorization-B,unanimous consent of the Company`s i of Ellrectors,the Company consents that facsimile or mechaiiical!y reproduced:signature of any assistant secretary of the
Company,wherever appearing upon a cerifiiedcopy,of-Any power of attorney issued by the Companyin comae r wdh"sdrety bonds,shall bevalid and binding upon the Company with
the same force and effect as though manually elked
I, Renee C. Llewellyn, the undersigned, Assrstailt Secneta€q, The CfFIQ Casualty lnsurance:Corrlpany, Lrbedy fWtual Insurance Company; and.West American Insurance Companv do
hereby certify that the original rower of attorney pYwhtch the forege!ng iS a tdif fCttB and cbrteet:,eo¢y of the Powe;of rittd[tiey executef by Said Companies,is in fill!force and elle.^,t and
has not been revoked. .
IN TESTIMONY WHEREOF,I have hereuntc set my hand and affixed the se3ls of said Companies this _-day of_�� 20�
0 1919 1912 ` 1991 i 'By'_- _—
Renee C.UeA"r? Xssislanl Secretary
80 of 200
'_MC .2873 0220'7
ATTACHMENT C-OREGON PREVAILING WAGE RATES
CITY OF TIGARD
COMMERCIAL ST.PERVIOUS SIDEWALK
May be downloaded from:
httl2://www.oregon.gov/boli/WHD/PWR/Pages/pwr state aslx