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City of Concrete Construction Company, Inc ~ CP16005 City of Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. AMENDMENT #1 SUMMARY Tigard,Oregon 97223 Ph (503) 639-4171 FIELD CHANGE ORDER FORM Fax- (503) 684-7297 110V Project Title: Tigard City Hall Sidewalk and Courtyard Project Manager: Kim McMillan Imp. Contractor: City of Concrete Construction Co., Inc. Original Contract#: CP16005 Effective Dates: 10/21/15 Change Order/Amendment Amount: $11,200) Accounting String:400-8000-5 6005-91013-140 Amendment Percentage Running Total: N/A% AMENDMENT DETAILS The installation of 4 pedestals and sidewalk renovation have been removed from the scope of services. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract $79,000 Amendment 1 —scope has been downsized $11,200) Contract Total $67,800 REASONING FOR CHANGE ORDER/AMENDMENT Because of the Citywide Facilities Strategic Plan, Executive Staff opted not to move ahead with the lighter / nicker / cheaper project in the courtyard. The pedestals are no longer necessary. BUDGET IMPACT AND REQUIRED ACTIONS REQUESTING PROJECT MANAGER APPROVING CITY STAFF Signature _ _ '--signature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for Signature the work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed theproject's FY budget. Date CITY OF TIGARD,OREGON PUBLIC IMPROVEMENT CONTRACT TIGARD CITY HALL SIDEWALK AND COURTYARD IMPROVEMENTS-CP16005 .AMENDMENT#1 THIS CONTRACT, made and entered into this 21" day of October, 2015, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and City of Concrete Construction Company, Inc. hereinafter called "Contractor", duly authorized to perform such services in Oregon. 8. Compensation A. Progress Payments: City agrees to pay Contractor Seventy Nine Thousand and No/100 DoRars ($79,000.00) Sixty Seven Thousand Eight Hundred and No/100 Dollars ($67,800.00)-for performance of those services provided hereunder and including Exhibit A, which payment shall be based upon the following applicable terms: EXHIBIT A SCOPE OF SERVICES Tigard City Hall Sidewalk Improvements Contractor shall install new sidewalks,curbs,and handicap ramps at Tigard City Hall. Work to include: • 1,253 square feet of sidewalk • 222 linear feet of standard curb • 50 linear feet of tall curb • Demolition • Excavation • Installation of forms • Installation of 3"to 4"of compacted rock • Installation of detectable warning surfaces at each ramp • Installation of 3000 psi concrete • install fouf(4)pedestals > " • Remow a-Rd replace 55 square feet of side-walk bte4udes- e instfifla-tion of forms • IngtoRa-tion of 3"to 4"of eempaeted reek • instal1a4ion of#3 rebar per plans IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CiTYoF TI � OF CONCRETE CONSWCTION COMPANY n a - fr- Signature 'A /I Signa /�/�cif V-1'l�Gl Cr• UV�n� -� Printed Name Printed ame 11•2-3- 2-01S 1111115`' Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVERY CONTRACT j�I Contract Title: Tigard City Hall Sidewalk and Courtyard Imp Number: Contractor: CM-of Concrete Construction Company, Inc. Contract"Total: $79,000 Contract ON-er%-ieu: Contractor shall install new sidewalks, curbs and handicap ramps at Tiga d CM Hall. Contractor shall install 4 pedestals and remove 55 square feet of sidewalk in the couMLard at Tigard Cijy Hall. Initial Risk Level: ❑ Extreme ❑ High ❑Moderate ®Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager- Kim McMillan EYt: 2642 Department: Pte'/Engrneerrng Type: ❑ Purchase.agreement ❑ Personal Service ❑ General Service ® Public Improvement ❑ IGA ❑ Other: Start Date: 10121/15 End Date: 12/31/15 Quotes/Bids/Proposal- FIRM AMOUNT/ OR Went out to bid twice,vith no response Negotiated with George $79,000 _account String: Fund-Division-Account Work Order-Activity Type Amount FY 2015-16 400-8000-56005 91013-140 $79,000 Anurovals - LCRB Date: Department Comments: Dcpartment Signature- a - z Z - Purchasing Comments: Purchasing Signature: Y Cit- Manager Comments: -4�271U,�Q,,r City.Manager Signature: (Af After securing all required approvals, forward original copy to the Contracting and Purchasing Office along tenth a completed Contract Checklist. C-1P1LPfX5s CITY OF TIGARD,OREGON PUBLIC IMPROVEMENT CONTRACT TIGARD CITY HALL SIDEWALK AND COURTYARD IMPROVEMENTS—CIP#91013 THIS CONTRACT, made and entered into this 21" day of October, 2015, by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and City of Concrete Construction Company, Inc. hereinafter called "Contractor", duly authorized to perform such services in Oregon. RECITALS WHEREAS,the City requires services which Contractor is capable of providing,under terms and conditions hereinafter described;and WHEREAS,time is of the essence in this contract and all work under this contract shall be completed within the time period stated in the Bid Proposal;- THEREFORE, roposal;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. Demolition of existing concrete B. Excavation C. lnstallation of compacted rock D. Installation of 3000psi concrete 2. Prevailing Wage The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages are incorporated herein by reference as if fully set forth. The Contractor agrees that the workmen in each trade or occupation required for the work to be done pursuant to the contract, employed in the performance of the Contract, either by the Contractor or Subcontractor or other person doing or contracting to do any part of the work contemplated by the Contractor shall be paid not less than the prevailing, minimum hourly rate of wage specified by the Commissioner of the Bureau of Labor,and attached hereto. If this project is subject to both Federal Davis-Bacon Act requirement and State of Oregon Prevailing Wage Rate requirements, the Contractor must ensure that workers will be paid the higher of the applicable federal or state rate. If the Contractor fails to pay for labor or services,the City may pay for those labor and services and withhold these amounts from payment s that are due the Contractor in accordance with ORS 279C.515 Contractor shall provide proof as requested to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the Construction Contractors Board as required under Oregon PWR law. Contractor shall also require in every subcontract to this Agreement that the subcontractor file a public works bond with the Construction Contractors Board in the amount of$30,000 prior to starting work on this project unless otherwise exempt 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 11 P a ,,,e For contracts$50,000 or greater,the City shall pay a fee equal to one-tenth of one percent(.001)of the price of the contract to the Bureau of Labor and Industries. The fee shall be paid on or before the first progress payment or sixty(60) days from the date work first began,whichever comes first. 3. Pre-Construction Conference Contractor and listed subcontractors shall attend and participate in any pre-construction conferences described or listed in the general conditions before any work is started on the project site. 4. Contract Documents The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by the City and performance pertaining to this Agreement,in the City of Tigard, Oregon, and by this reference made 'a part hereof to the same legal force and effect as if set forth herein in full. The contract documents include the documents with the following titles that are bound in the solicitation documents and the standard documents comprised of the Oregon Standard Specification for Construction,2008,Volume 1 and Volume 2. Standard Documents General Conditions (Oregon Standard Specification for Construction,2008,Volume 1 as amended by the Special Provisions) Standard Specifications (Oregon Standard Specification for Construction,2008,Volume 2 as amended by Technical Specifications) City of Tigard Public Improvement Design Standards 5. City's Representative For purposes hereof, the City's authorized representative will be Kim McMillan, Assistant City Engineer,who can be reached by telephone at(503) 718-2642 or by email at Llim(iv Jd- t�:�,-. 6. Contractor's Representative For purpose hereof,the Contractor's authorized representative will be George Verschingel who can be reached by telephone at(503) 631-4482 or by email at goncretegeor a)ccail.net 7. Contractor Identification Contractor shall furnish to the City the Contractor's employer identification number,as designated by the Internal Revenue Service,or Contractor's social security number,as City deems applicable. 8. Compensation A. Progress Payments: City agrees to pay Contractor Seventy Nine Thousand and No/100 Dollars ($79,000.00) for performance of those services provided hereunder and including Exhibit A,which payment shall be based upon the following applicable terms: 1) The City will pay only for measured Pay Item quantities incorporated into the Work or performed according to the terms of the Agreement. The Contractor understands and agrees that Pay Item quantities listed in the Schedule of Items do not govern payment 2) Payment constitutes full compensation to the Contractor for furnishing all materials, equipment,labor, and incidentals necessary to complete the Work, and for risk,loss, damage, and expense arising from the nature or prosecution of the Work or from the action of the elements, subject to the provisions of 00170.80. The Contractor shall include the costs of bonds and insurance for the Project in the unit price for each Pay Item of Work to be performed. 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 2 3) When the specifications state that the unit price for a Pay Item is compensation for certain materials or work essential or incidental to the Pay Item, the same materials or work will not be measured or paid under any other Pay Item. 4) Contractor shall prepare and submit each month to the City Engineer at 13125 SW Hall Blvd, Tigard, Oregon 97223, a statement of services rendered, indicating the description of each service used in the proposal and the dollar amount of each service completed through the state date, together with a request for payment duly verified by the Contractor's Representative and copies of certified payroll statements. 5) Payment by the City shall release the City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the statement of services. Payment of installments shall not be considered acceptance or approval of any work or waiver of any defects therein. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard City Council. 6) Contractor shall include proof of payment to any and all subcontractors and suppliers with each statement submitted to the City. The CigS shall retain the right to withhold payments if required proof of payment to subcontractor and suppliers is not included with a statement. 7) As required under State of Oregon Prevailing Wage Rate (PWR) Law, the City shall withhold 25% of any progress payment amounts owed to Contractor if Contractor has failed to file certified statements with the City. B. Timing of Payments: Progress payments, less a five percent retainage as authorized by ORS 279C.555, shall be made to the Contractor within twenty (20) days of the City's receipt of the statement of services. The Contractor agrees that the "Time of Completion" is defined in the Bid Proposal, and agrees to complete the work by said date. The Contractor and City agree that the City will suffer damages each day the work remains uncompleted after the Time of Completion and that the amount of those damages are difficult to calculate. Contractor and City agree that a reasonable amount of damages for late completion is$500.00 per day and Contractor agrees to pay damages in that amount if the work is not completed by the Time of Completion. C. Final Payment:The Contractor shall notify the City in writing when the Contractor considers the project complete,and the City shall,within 15 days after receiving the written notice,either accept the work or notify the Contractor of work yet to be performed on the contract 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 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 3 1 1' a e satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 9. Status Of Contractor As Independent Contractor Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent Contractor as defined by ORS 670.600 and not an employee of City-, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. The undersigned Contractor hereby represents that no employee of the City,or any partnership or corporation in which a City employee has an interest,has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement,except as specifically declared in writing. C. If this payment is to be charged against Federal funds, Contractor certifies that he or she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. D. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. 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. 10. Subcontracts-Assignment&Delegation Contractor shall submit a list of Subcontractors for approval by the City,and Contractor shall be fully responsible for the acts or omissions of any Subcontractors and of all persons employed by them,and neither the approval by City of any Subcontractor nor anything contained herein shall be deemed to create any contractual relation between the Subcontractor and City. This agreement, and all of the covenants and conditions hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their legal representatives. Contractor shall not assign any rights nor delegate any duties incurred by this contract, or any part hereof without the written consent of City,and any assignment or delegation in violation hereof shall be void. Any and all subcontracts issued by the contractor shall contain a provision that workers shall be paid not less that the PWR Law specified minimum wage. 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 4 11. Contractor-Payment of Benefits-Hours of Work A. The Contractor shall: 1) Make payment promptly, as due,to all persons supplying to such Contractor labor or material for the prosecution of the work provided for in this contract; 2) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 3) Not permit any lien or claim to be filed or prosecuted against the City of Tigard,on account of any labor or material furnished; B. The Contractor or the Contractors Surety and every Subcontractor or the Subcontractor's Surety shall file certified statements with the City in writing in form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor or the Subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the applicable prevailing rate of wage, which certificate and statement shall be verified by the oath of the Contractor or the Contractors Surety or Subcontractor or the Subcontractor's Surety that the Contractor or Subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the Contractor's or Subcontractor's knowledge. 1) The certified statements shall set out accurately and completely the payroll records for the prior week,including the same and address of each worker,the worker's correct classification, rate of pay,daily and weekly number of hours worked,deductions made and actual wages paid. 2) Each certified statement required herein shall be delivered or mailed by the Contractor or Subcontractor to the City. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the Bureau of Labor and Industries. Certified statements shall be submitted as follows: a) Each Contractor or Subcontractor shall preserve certified statements for a period of three years from the date of completion of the contract. C. The Contractor agrees that if the Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a Subcontractor by any person in connection with this contract as such claim becomes due, the proper office of the City of Tigard may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to the Contractor by reason of such contract. Payment of a claim in this manner shall not relieve the Contractor or the Contractor's Surety from obligation with respect to any unpaid claims. D. Contractor agrees that no person shall be employed for more than ten (10) hours in any one day, or 40 hours in any one week,except in cases of necessity or emergency or when the City deems it in the best interest of the public or policy absolutely requires it, in which event, the person so employed for excessive hours shall receive at least time and a half pay for the following: 1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days,Monday through Friday;or 2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days,Monday through Friday;and 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 5 , 3) For all work performed on Saturday and on the legal holidays specified in ORS 279C.540. E. The Contractor agrees to provide a written schedule to all employees showing the number of hours per day and days per a:eek the employee may be required to work. F. No City employee shall be required to work overtime or on a Saturday, Sunday or holiday in the fulfillment of this contract except where the Contractor agrees to reimburse the City in the amount of money paid the employee for such work as determined by state law, the City's personnel rules or union agreement. The Contractor shall require every subcontractor to comply with this requirement. G. If Contractor or any first-tier subcontractor fails to pay a person furnishing labor or material within 30 days after receipt of payment form the City or from the Contractor to a subcontractor, the Contractor or first-tier subcontractor shall owe the person the amount due plus interest commending at the end of the 10 day period that the payment is due under ORS 279C.580,unless payment is subject to a good-faith dispute. The interest rate shall be as specified in ORS 279C.515(2). If the Contractor or any subcontractor fails, neglects, or refuses to pay a person furnishing labor or material, the person may file a complaint with the Construction Contractors Board,unless the payment is subject to a good faith dispute as defined in URS 279C.580. H. Contractor shall include a clause in each contact with a subcontractor a requirement that the contractor pay the subcontractor for satisfactory performance within 10 days of receipt of payment from the City for the work. Contractor shall include in contracts with subcontractors an interest provision for such payments in compliance with ORS 279C.580. Contractor shall include a clause in each contract with a subcontractor requiring the subcontractor to meet the same payment and interest standards as required by ORS 279C.580(4). 12. Drug Testing Program ORS 279C.505 requires that all public improvement contracts contain a provision requiring contractors to demonstrate that an employee drug testing program is in place. The Contractor demonstrates that a drug-testing program is in place by signing of the contact. The drug testing program will apply to all employees and will be maintained for the duration of the Contract awarded. Failure to maintain a program shall constitute a material breach of contract 13. Contractor's EpVloyee Medical Payments Contractor agrees to pay promptly as due, to any person, co-partnership, association or corporation furnishing medical, surgical,and hospital care or other needed care and attention incident to sickness or injury to the Contractor's employees,all sums which the Contractor agreed to pay for such services and all money and sums which the Contractor collected or deducted from employee wages pursuant to any law, contract or agreement for providing or paying for such service as referenced in ORS 279C.530. 14. Early Termination A. This agreement may be terminated without cause prior to the expiration of the agreed upon term by mutual written consent of the parties and for the following reasons: 1) If work under the Contract is suspended by an order of a public agency for any reason considered to be in the public interest other than by a labor dispute or by reason of any third party judicial proceeding relating to the work other than a suit or action filed in regard to a labor dispute;or 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 61 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. 15. Cancellation with Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 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 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 7 g allowed by Oregon law,reasonable and necessary attorney fees,and other costs of litigation at trial and upon appeaL 16. Access to Records City shall have access to such book, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit,examination,excerpts,and transcripts. 17. Work is Property of City All work performed by Contractor under this Agreement shall be the property of the City. 18. Adherence to Law A. Contractor shall adhere to all applicable laws governing its relationship with its employees, including but not limited to laws, rules, regulations, and policies concerning g workers' compensation,and minimum and prevailing wage requirements. B. To the extent applicable,the Contractor represents that it will comply with Executive Order 11246 as amended, Executive Order 11141, Section 503 of the Vocational Rehabilitation Act of 1973 as amended and the Age Discrimination Act of 1975,and all rules and regulations issued pursuant to the Acts. C. As provided by ORS 279C.525, all applicable provisions of federal, state or local statutes, ordinances and regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the work under this contract are by reference incorporated herein to the same force and affect as if set forth herein in full. If the Contractor must undertake additional work due to the enactment of new or the amendment of existing statutes, ordinances or regulations occurring after the submission of the successful bid, the City shall issue a Change Order setting forth the additional work that must be undertaken. The Change Order shall not invalidate the Contract and there shall be,in addition to a reasonable extension,if necessary, of the contract time, a reasonable adjustment in the contract price, if necessary, to compensate the Contractor for all costs and expenses incurred,including overhead and profits, as a result of the delay or additional work. Pursuant to ORS 279C_525(1), the following list identifies Governmental Agencies of which the City has knowledge that have enacted Environmental Laws which may affect the performance of the work: FEDERAL AGENCIES i- Agriculture • Department of Forest Service • Soil Conservation Service i> Defense • Department of Army Corps of Engineers Y Energy • Department of Federal Energy Regulator•Commission Environmental Protection Agency ➢ Department of Health and Human Services i> Housing and Urban Development • Department of Solar Energy Conservation Bank i> Interior,Department of 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 8 • Bureau of Sports Fisheries and Wildlife • Bureau of Outdoor Recreation • Bureau of Land Management • Bureau of Mines • Bureau of Indian Affairs • Bureau of Reclamation • Geological Survey • Minerals Management Service Y Labor,Department of • Mine Safety and Health Administration • Occupational Safety and Health Administration i> Transportation,Department of • Coast Guard • Federal Highway Administration Water Resources Council STATE AGENCIES ➢ Administrative Services,Department of Agriculture,Department of Columbia River Gorge Commission Consumer&Business Services,Department of Oregon Occupational Safety&Health Division Y Energy,Department of ➢ Environmental Quality,Department of ➢ Fish and Wildlife,Department of ➢ Forestry,Department of Y Gcology and Mineral Industries,Department of ➢ Human Resources,Department of ➢ Land Conservation and Development Commission i' Parks and Recreation,Department of Soil and Water Conservation Commission State Engineer ➢ State Land Board ,-i;> Water Resources Board LOCAL AGENCIES >> City Council County Court ➢ County Commissioners,Board of ➢ Port Districts Metropolitan Services Districts County Service Districts >> Sanitary Districts ➢ Water Districts ➢ Fire Protection Districts 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 9 19. Changes City may at any time, and without notice, issue a written Change Order requiting additional work within the general scope of this Contract, or any amendment thereto, or directing the omission of or variation in work. If such Change Order results in a material change in the amount or character of the work, an equitable adjustment in the Contract price and other provisions of this Contract as may be affected may be made. Any claim by Contractor for and adjustment under this section shall be asserted in writing within thirty(30) days from the date of receipt by Contractor of the notification of change or the claim will not be allowed. Whether made pursuant to this section or by mutual agreement,no change shall be binding upon City until a Change Order is executed by the Authorized Representative of City,which expressly states that it constitutes a Change Order to this Contract The issuance of information, advice, approvals, or instructions by City's Representative or other City personnel shall not constitute an authorized change pursuant to this section. Nothing contained in this section shall excuse the Contractor from proceeding with the prosecution of the work in accordance with the Contract,as changed. 20. Force Majeure Neither City nor Contractor shall be considered in default because of any delays in completion of responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the party so disenabled, including, but not restricted to, an act of God or of a public enemy, volcano, earthquake, fire, flood, epidemic, quarantine, restriction, area-wide strike, freight embargo, unusually severe weather or delay of Subcontractor or suppliers due to such cause;provided that the party so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the causes of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under Contract. 21. Nonwaiver The failure of the City to insist upon or enforce strict performance by Contractor of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a waiver or relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. 22. Warranties All work shall be guaranteed by the Contractor for a period of one year after the date of final acceptance of the work by the Owner. Contractor warrants that all practices and procedures, workmanship, and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under warranties contained in or implied by this contract 23. Attorney's Fees In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the Court may adjudge reasonable attorney's fees and court costs including attorney's fees and court costs on appeal. 24. Go veming 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. 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 10 < >b 25. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the proposal of the Contractor,this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 26. Indemnification Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws,it being understood that acceptance of a contractor's work by City shall not operate as a waiver or release. Contractor agrees to indemnify and defend the City,its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims,losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the negligence of the City and its employees. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 27. Insurance Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or work hereunder,including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence"form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage(Any one fire) $50,000 B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an"occurrence"form.The Combined Single Limit per occurrence shall not be less than$2,000,000. 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 11 If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers'Compensation Insurance The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers'Compensation Law shall comply with ORS 656.017,which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carriers)with an unacceptable financial rating. F. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265. 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 12 1 . I. Primary Coverage Clarification The Parties agree that Contractor's coverage shall be primary to the extent permitted by law. The Parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. J. Cross4Agbility Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd. Tigard,Oregon 97223 At the discretion of the City,a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury,or loss caused by negligence or neglect connected with this contract. 28. Method and Place of Giving Notice, Submitting Bi11s and Makin g Payments All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail Notices,bills and payments sent by mail should be addressed as follows: CITY OF TIGARD CITY OF CONCRETE CONSTRUCTION COMPANY Attn: Kim McMillan,Asst City Engineer Attn: George Verschingel Address: 13125 SW Hall Blvd Address: 18205 S Grasle Road Tigard,Oregon 97223 Oregon City,Oregon 97045 Phone: (503)718-2642 Phone: (503) 631-4482 Email.: ktm@t gg Ar oror.gov Email: eoncreteorge�e cc aA net 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. 29. Hazardous Materials Contractor shall supply City with a list of any and all hazardous substances used in performance of this Agreement That list shall identify the location of storage and use of all such hazardous substances and identify the amounts stored and used at each location. Contractor shall provide City with material safety data sheets for all hazardous substances brought onto City property,created on City property or delivered to City pursuant to this Agreement For the purpose of this section, "hazardous substance" means hazardous substance as defined by ORS 453.307(5). Contractor shall complete the State Fire Marshall's hazardous substance survey as required by ORS 453.317 and shall assist City to complete any 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 13 such survey that it may be required to complete because of substances used in the performance of this Agreement. 30. Hazardous Waste I�- 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. 31. 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. 32. Demolition—Salvage and Recycling As required by ORS 279C.510, Contractor shall salvage or recycle any construction and demolition debris if feasible and cost-effective. 33. Representations and Warranties Contractor represents and warrants to the City that: A. Contractor has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Contractor, enforceable in accordance with its terms. C. Contractor (to the best of Contractor's knowledge, after due inquiry), for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement,faithfully has complied with: 1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor's property, operations, receipts, or income, or to Contractor's performance of or compensation for any work performed by Contractor; 3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor, and 4) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement and Contractor's services rendered in the performance of Contractor's obligations under this Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,mortgages,security interests,liabilities,charges,and encumbrances of any kind. 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 14 34. Compliance with Tax Laws A. Contractor must, throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions described in subsection 25.C. 1)through 4) of this Agreement. B. Any violation of subsection A of this section shall constitute a material breach of this Agreement Further, any violation of Contractor's warranty, in subsection 25.0 of this Agreement, that the Contractor has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement Any violation shall entitle the City to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement,and to pursue any or all of the remedies available under this Agreement,at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part, 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Contractor,in an amount equal to State's setoff right,without penalty;and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Contractor's breach of this Agreement,including but riot limited to direct,indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement Contractor. These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly,collectively,successively,or in any order whatsoever. 35. Complete Agreement This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. No waiver, consent, modification,or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement Contractor, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WTI'NESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Architect has executed this Agreement on the date hereinabove first written. CITY OFF TIIfGARD CITY OF CONCRETE CONSTRUCTION COMPANY ao By: Marty Wine,City Manager By: AuWbContractor epres ntative Il• 3- .2�i� �1 I3 j�S Date Date 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 1g ATTACHMENT A PERFORMANCE BOND CITY OF TIGARD,OREGON PUBLIC IMPROVEMENT CONTRACT TIGARD CITY HALL SIDEWALK AND COURTYARD IMPROVEMENTS—CIP# 91013 Bond Number: 757931P Project Name: CIP 91013 Developers Surety And Indemnity Comps �urety#1) Bond Amount No. 1: $ 70,000.00 (Surety#2)k Bond Amount No. 2:* $ - *,fusingmultiple sureties Total Penal Sum of Bond: $ 79,000.00 We, Concrete Construction Co., 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) Seventy Nine Thousand and No/100 ------------------------------------------ (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 Nxith 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, conditions, and proti-isions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things undertaken by Contractor to be performed under the contract,upon the terms set forth therein,and within the time prescribed therein,or as extended as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the City of Tigard,its officers,agents,and employees against any direct or indirect damages or claim of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract b;• the Principal or its subcontractors, and shall in all respects perform said contract according to law,then this obligation is to be void;othervise,it shall remain in full force and effect. Nonpayment of the bond premium will not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums. This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting Rules,the provisions.of which are incorporated into this bond and made a part hereof. 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 16 IN WITNESS WHEREOF, WE HAVE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEG,�L REPRESENTATIVES. Dated this 29th day of October 2015 PRINCIPAL:-Concrete Construction Co., Inc. By. A Signature Printed Name&Title Attest: SURETY. Developers Surety And Indemnity Company (Add signatures for each surety if using multiple bonds) BY ATTORNEY-IN-FACT: (Power-of-Attorney must accompany each surety bona Plarena WeAre ve Centerpointe, Suite 530 Address Lake Oswego OR 97035 City State Zip 503-684-9606 503-684-4065 Phone .Fax 2016 PI—Tigard City Hall Sidewalk and Courtyard Improv-ements 171 ATTACHMENT B PAYMENT BOND CITY OF TIGARD,OREGON PUBLIC IMPROVEMENT CONTRACT TIGARD CITY HALL SIDEWALK AND COURTYARD IMPROVEMENTS—CIP# 91013 Bond Number: 757931P Project Name: CIP 91013 Developers Surety And Indemnity Compal7urety#1) Bond Amount No. 1: $ 79,000.00 (Surety#2)* Bond.'Amount No.2:* $ - *If zrsing multiple sureties Total Penal Sum of Bond: $ 19,o o o.o o iX'e, Concrete Construction Co., 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) Seventy Nine Thousand and no/100 --------------------------------------------- (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "se-�-erally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposed each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety),and WHEREAS, the Principal has entered into a contract with the City of Tigard, the plans, specifications, terms, and conditions of which are contained in above-referenced project solicitation; WHEREAS, the terms and conditions of the contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of contract prices, are made a part of this Payment bond by reference,whether or not attached to the contract(all hereafter called"Contract");and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements,plans, and specifications, and schedule of contract prices which are set forth in the Contract and any attachments, and all authorized modifications of the Contract which increase the amount of the work, or the cost of the Contract,or constitute authorized extensions of time for performance of the Contract,notice of any such modifications hereby being waived by the Surety: NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms, conditions, and provisions of the Contract, in all respects, and shall well and truly and fully do and perform all matters and things by it undertaken to be performed under said Contract and any duly authorized modifications that are made,upon the terms set forth therein,and within the time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the Sureties,and shall indemnify and save harmless the City of Tigard its officers,agents,and employees against any claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Contractor or its subcontractors, and shall promptly pay all persons supplying labor, materials, or both to the Principal or its subcontractors for prosecution of the work provided in the Contract; and shall promptly pay all contributions due the State Industrial Accident Fund and the State Unemployment Compensation Fund from the Principal or its subcontractors in connection with the performance of the Contract; and shall pay over to the Oregon Department of Revenue all sums required to be deducted and retained from the wages of employees of the Principal and its subcontractors pursuant to ORS 316.167, and shall permit no lien not claim to be filed or 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 18 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 shallremain in full force and effect. Nonpayment of the bond premium-will not invalidate this bond not shall the City of Tigard be obligated for the payment of any premiums. This bond is given and received under the authority of ORS Chapter 279C and Tigard Public Contracting Rules,the provisions of which are incorporated into this bond and made a part hereof. IN WITNESS WHEREOF, WE HAYE CAUSED THIS INSTRUMENT TO BE EXECUTED AND SEALED BY OUR DULY AUTHORIZED LEGAL REPRESENTATIVES. Dated this 29th day of October 2015 PRINCIPAL: Concrete Construction Co., Inc. By: signature Printed Name&Tide Attest: SURETY, Developers Surety And Indemnity Company (Add.signatures for each surety if using mutt ple bonds) BY ATTORNEY-IN-FACT: (Power-of-Attorney must accompany each surety bona Deanna Wersch N6 ignature �/1 Five Centerpointe, Suite 530 Address Lake Oswego OR 97035 City State Zip 503-684-9606 503-684-4065 Phone Fax 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 19 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 iCNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and'NDEMNITY CGMPANY OF CALIFORNIA,do each hereby make,constitute and appoint ***Eric Englund,Deanna Wersch,Lisa Mc Clellan,Matt Skelton,Sean Flinn,Blaine D.Williamson,Morag A.Corey,jointly or severally*** as their true and lawful Attoney(s)-in-Fact,to make,execute,deliver and acknowle:ge,for and on beha1 of said corporations,as sureties,bonds,undertakings and contracts of suretys iip giving and granting unto said Attomey(s}in-Fact full power and authrxity to do and to perform every act necessary,req-iisite or propar to be done in connection therewith as each of said corporations could do,but reserving to each c`said corporation full power of substitution and revocation,and all of+tie acts of said Attomey(s):n-Fact,pursuant to these presontes,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective:�s&January Ist,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that e3rh of them hereby is,authorized to execute this Puwer ofAttcmey,qualifying the attomey(s)named in the Power ofAttomey to execute,on behalf of the corporations,bonds,underta:;ngs and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of ti iem hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures cf such officers inay be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such ?ower of Attornay or certificate bearing cuQh facsimile signatures Mail be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. N WITNESS WHEREOF,DEVELOPFRS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and,attested by their respective Secretary or Assistant Secretary this January 29,2015. c�C�'�L V AND BY . yN0 r�1P A!Y Cs r >'fit D3n'.el Young,Senior Vice-President edJVOco ci- 10 10 iL By: _ � L�.�� 0 1 9 3 6 J0 Mai:k ansdon,Vice-President lowN"I s �aF vfi.' k A notary public or oilier officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that documont. State of California County of Orange On January 29,2015 before me, Lucille Raymond,Notary Public Date Here Insert Wre and Tk of gta V..ser peroonally appeared Daniel Young aid i0ark Lansdon Name(s)o-Slgrnr(s) wh..o proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfner/their authorized capecity(ies),and that by aislherltheir signature(s)cn the instumcnt the p^.rson(s),or th^entity upon behilf of LUCILL E RAYMOND which the person(s)acted,executed the instrumeqt. + Commission#2081945 �-� 4otary?uhilc-California s I certify under PENALTY OF PERJURY under the laws of the State of Califol.fia that the foregoing paragraph i3 Orange County true and correct. * My Comm.Expires Oct 13,2018 WITNESS my hand and official sell. Place Notary Seal Above Signature Lucill.-F'ay.rond,Notary Public f CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the re,!%tive Boards of Directors of said.corporations set forth in the Power ofAftcmey are in force as of th;i date of this Certificate. This Certificate is executed in the City of Lvise,Califorrla,thi'; 29th day of October 2015 . Cassie J"' rrisford,Assistant SpcLhtary ID-1380(Rov01/15) EXusrr A SCOPE OF SERVICES Tigard City Hall Sidewalk Improvements Contractor shall install new sidewalks,curbs,and handicap ramps at Tigard City Hall. Work to include: • 1,253 square feet of sidewalk • 222 linear feet of standard curb • 50 linear feet of tall curb • Demolition • Excavation • Installation of forms • Installation of 3"to 4"of compacted rock • Installation of detectable warning surfaces at each ramp • Installation of 3000 psi concrete Tigard City Hall Courtyard Impmvernents Contractor shall: • Install four(4)pedestals—each Y x Y x 27 • Remove and replace 55 square feet of sidewalk—Includes: o Demolition o Excavation o Installation of forms o Installation of 3"to 4"of compacted rock o Installation of#3 rebar per plans o Installation of 3000psi concrete 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 20 ExMBrr B PLANS 2016 PI—T"Agard City Hall Sidewalk and Courtyard Improvements 211 P a ExmBrr C CONTRACTOR'S PROPOSAL 2016 PI—Tigard City Hall Sidewalk and Courtyard Improvements 22 C1'I"Y OF C NCREI E CONSTRUMON COMPANY INC 18205 S. GRASLE RD OREGON CITY, OR 97045 Phone 503-631-4482,Fax 503-631-4482 email concretegeoreeOccemail.net CCB#67398 OCTOBER 8, 2015 CJTY OF TIGARD 13125 SW HALL BLVD. TIGARD, OR 97223 JOBSFM POLICE AND PERMIT CENTER EXTERIOR RESTORATIONS COURTYARD IMPROVEMENTS QUOTE THIS PRICE IS FOR THE INSTALLATION OF 4 PEDISTALS 3' X 31 X 27" THICK AND REMOVAL AND REPLACEMENT OF S%QFT OF SIDEWALK. THIS PRICE INCLUDES DEMO AND EXCAVATION OF ALL WALK AND MATERIALs, INSTALLATION OF FORMS, INSTALLATION OF 3" TO 4" OF COMPACTED ROCK, INSTALLATION OF #3 REBAR AS PER PLANS, AND INSTALLATION OF 3000PSI THROUGHOUT. THIS PRICE INCLUDES ALL MATERIALS, LABOR, EQUIPMENT, AND PREVAILING WAGES TO COMPLETE JOB. THIS PRICE DOES NOT INCLUDE ANY PERMITS OR FEES OF ANY KIND, TESTING OR SPECIAL INSPECTIONS OF ANY KIND, WORKING AFTER HOURS OR WEEKENDS TO COMPLETE JOB, REMOVAL OR REPLACEMENT OF ANY LINES OR PIPES IN WORK AREA, AND ANY UNFORESEEN PROBLEMS. TOTAL—S11,200.00 ATTN: KIM QUOTE GOOD FOR 60 DAYS CONS CONSTRUCTION MANY INC. 18205 S. GRASLE RD. OREGON CITY, OR 97045 Phone 503-631-0482,Fax 503-632-4482 email concreteeeorse0cc¢mail.net CCB#67398 OCTOBER 8, 2015 CITY OF TIGARD 13125 SW HAIL BLVD. TIGARD, OR 97223 JoBs1TE: POLICE AND PERMIT CENTER ERTERioR RESTORATIONS SIDEWALK IMPROVEMENTS QUOTE TILS PRICE IS FOR THE REMOVAL AND INSTALLATION OF NEW SIDEWALK, CURBS, AND HANDICAP RAMPS. THIS PRICE INCLUDES 1253SQFI' OF 4" THICK SIDEWALK, 222LF OF STANDARD CURB, AND SW OF TAIL CURB. THIS PRICE INCLUDES DEMO AND EXCAVATION OF ALL WALK AND MATERIALS, INSTALLATION OF FORMS, INSTALLATION OF 3" TO 4" OF COMPACTED ROCK, INSTALLATION OF DETECTABLE WARNING SURFACES AT EACH RAMP, AND INSTALLATION OF 3000P5I THROUGHOUT. THIS PRICE INCLUDES ALL MATERIALS, LABOR, EQUIPMENT, AND PREVAILING WAGES TO COMPLETE JOB. THIS PRICE is BASED ON PLANS THAT WERE USED AND THAT ALL GRADES WILL WORK FOR ADA COMPLIANCE. ANY CHANGES MAY AFFECT PRICE THIS PRICE DOES NOT INCLUDE ANY PERMITS OR FEES OF ANY KIND, TESTING OR SPECIAL INSPECTIONS OF ANY KIND, WORKING AFTER HOURS OR WEEKENDS TO COMPLETE JOB, REMOVAL OR REPLACEMENT OF ANY LINES OR PIPES IN WORK AREA, AND ANY UNFORESEEN PROBLEMS. TOTAL- 467"800.00 ATTN: KIM QUOTE GOOD FOR 60 DAYS