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Intermountain Slurry Seal, Inc ~ CP19001 City mf Tigard w CONTRACT CHANGE ORDER/ 13125 SW HA1l Blvd SUMMY Tigard,Qema07223 "MENDMENT Phone-,(503)632-41?l FIELD CHANE QRDER FORMFoRFas_+;503)`68A-9297 Z Project Title:2018 Pavement Management Program— Project Manager:Mike McCarthy,P.E. Preventative Maintenance e Contractor:Intermountain Sl Seal Inc O ' 'nal Contract#: 2018-95 R Effective Dates:7/2/2018CJnme Order/Amendment Amount:$72,057.85 r Accountin.q Strin : Amendment Percen,U Running Total: 7.42% _ AMlBM MENT DI I'AII, This change order establishes agreement on additional crack seal quantity of work installed on this project. s Theo ' ' al contract crack seal quantity Q31 2 was estimated at 200,000 feet.This chane order increases the estimated quantity of BI 2 to 262,659 feet,an increase of 62,659 feet All bid item unit prices will remain in effect.This ch&nW order has no effect on the contract completion date. I i I CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Additional Crack Seal id Item No.2 FOOT 62,659 $1.15 $72,057.85 ! NJ I I � 7O A 7 REASONING FOR CHANGE ORDER/AmNDMBNT This change order establishes agreement on additional crack seal quantities of work to be installed on this project. At the direction of the City,the Contractor is to complete additional crack seal work beyond the work described in the contract.This change order provides compensation to the Contractor for the additional crack seal work noted above. i i I y BUDGET IMPACZAND REQUIRED ACTIONS ' This change order modifies the o ' ' al contract amount from$910,839.25 to$982,897.10. REQUBSTING PROJECT.MAMA. 2R APPRQM STAFF t= Signature ate Date Contractor is hereby authorized by the City of Tigard to perform CONTRA OR 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 i all additional work. A copy of this form,once completed,is to /� I be forwarded to the Purchasing Office to ensure all changes to die encumbrances are met. Remember—the cumulative total Of Amendments cannot exceed the project's FY budget. ate I s i CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Intermountain Slurry Seal, Inc, hereinafter referred to as Contractor, entered into on the 23' day of May, 2018,is hereby amended as follows: 3. Compensation A. City agrees to pay Contractor Mae Hund-Fed Ten Thousand Ei& Hua&ed ThiAy Nine and 25/100 Dollars ($910,839-.2-5) Nine Hundred Eighty Two Eight Hundred Ninety Seven and 1011100 Dollars ($982,897.10) for performance of those services provided herein. 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. CITY OF TIGARD INTERMOUNTAIN SLURRY SEAL,INC 7;� Signed on Filed Change order Signatures � ) Signature Printed Name Printed Name 0 3 I 9/28/2018 Date Date T-IF.lI.FLlkLIII.ILLULLIjIU6%, mum E.. %D Daj- Dai-No Vv cl-� ve & 0 Porland,OR 7j r F -ki 4,61H!4 ff 49 So.".. -'Nv!S. r g29m«p!n-Dei Ebt:gkalze- i C%sea rg cc-'%ed i na 4.Pe,CR.16 ?"ec*Can- '73,097 tm,lo Lis—S m QLoa 20'8 C':54 p--Dan Ebb'gh.se, o S'ims*a u-'I lea'c!seapa-1 is appoat'-]%@' c!2Q.01'v, E'o-e e p,,,,ec,..areas 6aie e-x.,Ved.:-,-,,as decdefte-::n'elhe wt sea e' p.,ese-! 6.ze n&:s Py,;ess*-,-w"'.Tr'3 ;,.as aon;e0, e!,':.and czrcjeyej,')CR Sill A-as W:-O Ptt h SUBMITTAL COVER 1120 Terminal Wa} JOB SITB.#: (W." Wild it"At Reno,tit'89502 �(( * , OFFICE:(775)358-1355 L��. ` l �T(?( lh't:. FAX: (7'7 5)355-3458 Mike hid arthy DATF: 7i"3/2013 City of Tigard 13125 SW Hall Blvd ISS JOB#: 8029Q3 5034718-2492 C:O\'TRACT#: CIP 2018-95401 SS Rb: SUBMITTED AS: MPer Project Specifications F]A Hazardous Material [—]With Deviations [:]A Non-Hazardous Material Proposed Substitution The attached submittal has been checked for accuracy,completeness,and compliance with they contract documents and is hereby submitted for your review. COPIES DATI�- SPTiC. NO. DESCRIPTION Overall Schedule Revision 2 Osvaldo Arias Intermountain Slurry Seal,Inc. REVIEW ACTION BY OWNER: [�Work Xlay Proceed Work may proceed subject to the incorporation of the changes indicated,resubmit for record. ❑Work may not proceed,revise and resubmit. For record onlN,-,owner review not required. RF MARKS: COPIFS TO: SIGNED: Jamie Greenberg From: Tyler Vetter <tylerv@crcontract.com> Sent: Sunday,July 1, 2018 9:33 AM To: Dan Ebbighausen Cc: Mike McCarthy;Andrew Giesy;Contreras, Randy,Arias, Osvaldo;Adam Chandler, erics@crcontract.com Subject: Re:Anticipated Crack Seal Schedule 7-2 Good morning Dan, Thank you for looking into running 3 crews. I think we are going to just send Adams crew and Eric smiths crew over today to put up no parking signs and will start work tomorrow morning. Eric will contact you in the morning to let you know where in section SL 3 he is starting and I believe Adam has some of SL4 to finish up. We will just stick to running 2 crews for Monday and Tuesday as not to deviate from the submitted schedule.Thank you for being available to talk yesterday and Sorry for all the last minute requests especially on a weekend. On Jun 30, 2018, at 11:33 AM, Dan Ebbighausen <Dan.Ebbighausen@murraysmith.us<mailto:Dan.Ebbighausen@murraysmith.us>>wrote: Mike, From the updated schedule and my conversation today with Tyler Vetter,CR would like to have a total of three crews work in areas 4,3 and 2 on Monday.The main concern is crack quantity;the three crews would likely account for 45-50 thousand linear feet in a single day.With a current total of 173,097',would it be preferable to have them reduce this to two crews? Dan Ebbighausen PE Civil Engineer I Licensed in OR 101 SW Main Street,Suite 1000, Portland,OR 97204 P 503.225.9010 Murraysmith www.murraysmith.us<http://www.murraysmith.us> From:Arias,Osvaldo<Osvaldo.Arias@gcinc.com<mailto:Osvaldo.Arias@gcinc.com>> Sent: Saturday,June 30,2018 9:41 AM To: Mike McCarthy<MikeM@tigard-or.gov<mailto:MikeM@tigard-or.gov>> Cc:Andrew Giesy<Andrew.Giesy@murraysmith.us<mailto:Andrew.Giesy@murraysmith.us>>; Contreras, Randy <Randy.Contreras@gcinc.com<maiIto:Randy.Contreras@gcinc.com>>; Dan Ebbighausen <Dan.Ebbighausen@murraysmith.us<mailto:Dan.Ebbighausen@murraysmith.us>> Subject:Anticipated Crack Seal Schedule 7-2 Good morning gentlemen, 1 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THISFORM MUSTACCOMPANYEVERYCONTRA CT) ^D� Contract Title: 2018 PMP Preventative Maintenance Slurry Seab Number: f Contractor: Intermountain Slurry SeaL Inc. Contract Total: $910,839.25 Contract Overview: Services include sealing cracks,application of slurry seal and reinstallation of striping on residential streets,along with temporaj:y signage and traffic control. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate E 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 Sernice ® Public Improvement [] IGA ❑ Other: Start Date: 6/4/18 End Date: 12/31/18 Quotes/Bids/Proposal: FIRM AMOUNT/SCO E Intermountain Slurry Seal. Inc. $910,839.25 Account String: Fund-Division-Account Work Order—Activit;-Tyke Amount FY 2017-18 412-8000-56005 95001-140 $1500000 FY 2018-19 412-8000-56005 95001-140 ° $760.839.25 A�urovals - LCRB Date: May 22,2018 Department Comments: Department Signature: �—'- x Purchasing Comments: Purchasing Signature: City Manager Commen+ City Manager Signature. `3� After securing all required approvds, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. City of Tigard 13125 SW Hall Blvd Tigard,Oregon 97223 Phone: (503) 639-4171 Fax: (503) 684-7297 CONTRACT DOCUMENTS for the construction of 2018 Pavement Management Program Preventative Maintenance Project No.: CIP 2018-95001 SS Approved by: Mike McCarthy,P.E.,Senior Project Engineer Bid Due& Bids Open: May 1,2018-2:30 pm ADVERTISEMENT FOR BIDS CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE The City of Tigard will receive sealed Bids from firms qualified to perform work on the City's 2018 Pavement Management Program—Preventative Maintenance project. Bids will be received at Tigard City Hall's Utility Billing Counter(Attention:Joe Barrett,Sr.Management Analyst)located at 13125 SW Hall Blvd.,Tigard,Oregon 97223 until 2:30 pm local time on May 1, 2018 for the 2018 Pavement Management Program—Preventative Maintenance project. Bids will be opened and publicly read aloud immediately after the Bid Closing time and date at Tigard City Hall. The project generally consists of the following. 1. Temporary traffic control and temporary erosion control 2. Installation of crack seal on City streets 3. Application of slurry seal on residential streets 4. Removal and application of pavement striping and markings on residential streets 5. Performance of additional and incidental work as called for by the specifications and plans. Basis of Bid Award shall incorporate all items identified on the Bid Schedule. Pursuant to Tigard Public Contracting Rule 30.055, all Bidders must submit a Bid security to the City along with their Bid in an amount equal to ten percent(10%)of their Bid. Because the City's estimate of contract value exceeds $100,000,Bidders must submit a First Tier Subcontractor Disclosure Form,provided in this Bid Booklet,to the City no later than 4:30 pm local time,May 1,2018. The provisions of ORS Chapters 279A and 279C and all other Oregon and Federal provisions pertaining to minimum salaries and wages shall be incorporated by reference as if fully set forth in any Contract resulting from this Advertisement for Bid. Contractor shall provide proof to the City prior to the beginning of any of the work that the Contractor has filed a public works bond with a corporate surety in the amount of$30,000 with the Construction Contractors Board as required under Oregon Prevailing Wage Rate (PWR)law. No Bid will be considered unless fully completed in a manner provided in the Bid Packet. Facsimile and electronic (email) Bids will not be accepted nor will Bids be accepted after the stated Bid Closing. Bids received after the Bid Closing will be returned to the submitting firm unopened after a Contract has been awarded for the required services. Bid Documents may be obtained in person at Tigard City Hall's Utility Billing Counter located at 13125 SW Hall Blvd.,Tigard, Oregon 97223; or downloaded from the City of Tigard website at www.jzard-or.gov/bids. The City may reject any Bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all Bids upon a finding of the City if it is in the public interest to do so. All questions about the meaning or intent of the Bid Documents shall be submitted to the Engineer in writing by e-mail. Contact the Engineer, Mike McCarthy at miketncni�tigard-or.gov or 503-718-2462 with any questions. Clarifications to the Bid Documents will be made by addenda only. Oral statements may not be relied upon by Bidders and will not be binding or legally effective. Published: Daily Journal of Commerce Published: Tigard Times Date: April 18,2018 Date: April 19,2018 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 2 1 1' a 7 TABLE OF CONTENTS Advertisementfor Bids...........................................................................................................................................................2 Tableof contents......................................................................................................................................................................3 AttachmentA—Bidder's Checklist.......................................................................................................................................4 AttachmentB—Bid.................................................................................................................................................................5 Attachment C—Acknowledgment of Addenda.................................................................................................................9 AttachmentD—Bid Certification......................................................................................................................................10 Attachment E—First Tier Subcontractor Disclosure Form.........................................................................................11 AttachmentF—Bid Bond................................................................................................................................................... 12 Attachment G—Public Improvement Contract............................................................................................................. 13 Attachment H—Performance Bond.................................................................................................................................20 AttachmentI—Payment Bond...........................................................................................................................................22 Attachment J—Oregon Prevailing Wage Rates...............................................................................................................24 AttachmentK—General Conditions..................................................................................................................................... AttachmentL-Special Provisions.......................................................................................................................................... AttachmentM—Street Dimensions Table............................................................................................................................ Drawings............................................................2018 Pavement Management Program—Preventative Maintenance ...................................................................................................................................................................Sheets 1 through 11 ..................................................................................................................................................................Dated:April 5,2018 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 3 1 Page ATTACHMENT A—BIDDER'S CHECKLIST CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE FORMS TO EXECUTE FOR SUBMISSION OF BID The Bidders attention is especially called to the following forms that must be executed in full before Bid is submitted: ATTACHMENT B -BID ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA ATTACHMENT D—BID CERTIFICATION ATTACHMENT E — FIRST TIER SUBCONTRACTOR DISCLOSURE FORM: within 2 hours of Bid Closing. ATTACHMENT F—BID BOND FORMS TO EXECUTE AFTER AWARD OF BID ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT—PWR COVERED CONTRACT ATTACHMENT H—PUBLIC IMPROVEMENT CONTRACT—PERFORMANCE BOND ATTACHMENT I—PUBLIC IMPROVEMENT CONTRACT—PAYMENT BOND Certificate of Insurance including Additional Insured Provision in accordance with the Public Improvement Contract. 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 41 Page ATTACHMENT B—BID CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE This Bid must be signed in ink by an authorized representative of the Bidder;any alterations or erasures to the Bid must be initialed in ink by the undersigned authorized representative. Project: 2018 Pavement Management Program—Preventative Maintenance Bid Due Date: Tuesday,May 1.2018—2:0012m Name of Submitting Firm: Intermountain Slurry Seal, Inc. The Undersigned(check one ofthe folloaving and provide additional information): An individual doing business under an assumed name registered under the laws of the State of OY _ A partnership registered under the laws of the State of :or X A corporation organized under the laws of the State of Wyoming :or A limited liability corporation organized under the laws of the State of hereby proposes to furnish all material and labor and perform all work hereinafter indicated for the above project in strict accordance with the Contract Documents for the Basic Bid as follows: dr Il/h{,h�oand /100 D ollars ($ K and the Undersigned agrees to be bound by all documents comprising the Contract Documents as defined in the Contract. The Undersigned declares that it has carefully examined the site(s) of the work, the Contract Documents,and forms. Submission of this Bid shall be conclusive evidence that the Undersigned has investigated and is satisfied as to the condition to be encountered, as to the character, quality and scope of work to be performed,the quantities of materials to be furnished,and as to the requirement of the Contract Documents. Accompanying herewith is a Bid Security which is equal to ten percent(109/6) of the total amount of the Bid. 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1, 2018—2:00 pm 5 1 1' az;e BID SCHEDULE 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Urfim SPEC. UNIT TOTAL ITEM EI4I DESCFtFPTION t14-41T ti_i .i 'fT5' Cosi COST WEARING SURFACES 1 00706 Type II Slurry Seal SY 372,987 2 00746 Crack Seal FT 200,000 qj Subtotal PERMANENT TRAFFIC SAFETY AND GUIDANCE,DEVICES Thermoplastic,Extruded, Surface, �}C7 � 3 00865 Non-Profiled FT 2,290 I ' 4 00867 Pavement Legend,Type B-HS:Arrow EA 4 QO 5 00867 Pavement Legend,Type B-HS:Bum EA 27 6 00867 Pavement Bar,Type B-HS SQ FT 1,160 Subtotal ! �{ /lft � 7?r��a. 7 .r�' � �f ►.eft +r ' !*,"07 and /100 Donats BID TOTAL.IN WORDSr ' 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 61 Page The Undersigned agrees, if awarded the Contract, to execute and deliver to the City of Tigard,within ten (10) days after receiving the Contract forms,a satisfactory Performance Bond and a satisfactory Payment Bond each in an amount equal to one hundred percent(100%) of the Contract sum,using the forms provided by the City. The surety(ies) requested to issue the Performance Bond and Payment Bond will be Travelers Casualty and Surety Company of America . The Undersigned hereby authorizes said surety(ies) company(ies) to disclose any information to the City concerning the Undersigned's ability to supply a Performance Bond and Payment Bond each in the amount of the Contract The Undersigned further agrees that the Bid Security accompanying the Bid is left in escrow with the City;that the amount thereof is the measure of liquidated damages which the City will sustain by the failure of the Undersigned to execute and deliver the above-named Agreement Form,Performance Bond,and Payment Bond, and that if the Undersigned defaults in either executing the Agreement Form or providing the Performance Bond and Payment Bond within ten (10) days after receiving the Contract forms, then the Bid Security may become the property of the City at the City's option;but if the Bid is not accepted within sixty (60) days of the time set for the opening of the Bids, or if the Undersigned executes and timely delivers said Agreement Form, Performance Bond,and Payment Bond,the Bid Security shall be returned. The Undersigned certifies that: (1) This Bid has been arrived at independently and is being submitted without collusion with and without any agreement,understanding, or planned common course of action with any other vendor of materials, supplies, equipment, or services described in the solicitation documents designed to limit independent Bidding or competition; and (2) The contents of the Bid have not been communicated by the Undersigned or its employees or agents to any person not an employee or agent of the Undersigned or its surety on any bond furnished with the Bid and will not be communicated to such person prior to the official opening of the Bid. The Undersigned X❑HAS❑ HAS NOT (check applicable status)paid unemployment or income taxes in Oregon within the past 12 months and El HAS X❑HAS NOT (check applicable status)a business address in Oregon. The Undersigned X❑ HAS ❑ HAS NOT (check applicable status) complied with any Affirmative Action Requirements included within the procurement documents. The Undersigned agrees, if awarded a Contract, to comply with the provisions of ORS 279C.800 through 279C.870 pertaining to the payment of the prevailing rates of wage. The Undersigned's CCB registration number is 147284 with an expiration date of 03/20/2019 As a condition to submitting a Bid, a Contractor must be registered with the Oregon Construction Contractors Board in accordance with ORS 701.035 to 701.055, and disclose the registration number. Failure to register and disclose the number will make the Bid unresponsive and it will be rejected unless contrary to federal law. The Undersigned further certifies that Undersigned shall provide proof to the City prior to the beginning of any of the work that the Undersigned has filed a public works bond with a corporate surety in the amount of$30,000 with the Construction Contractors Board as required under Oregon PWR law. The successful Bidder hereby certifies that all subcontractors who will perform construction work as described in ORS 701.005(2)were registered with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 at the time the subcontractor(s)made a Bid to work under the Contract 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 7 1 Page The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State of Oregon, its Worker's Compensation Insurance provider is Valley Forge Insurance Co. , Policy No. WC274978644 ,and that Undersigned shall submit Certificates of Insurance as required. Name of Company: Intermountain Slurry Seal, Inc. Company Address: 1120 Terminal Way Reno, NV 89502 Federal Tax ID: 87-0307259 Telephone: 775.358.1355 Email: marc.thoreson@gcinc.com I attest that I have the authority to commit the firm named above to this Bid amount and acknowledge that the firm meets the qualifications necessary to perform this Work as outlined in the Invitation to Bid. I understand that I will be required to provide necessary information to verify that the firm meets these qualifications if selected for the subsequent Contract. Authorized Signature: Printed Name&Title: Marc C. Thoreson, Construction Manager Date: May 01, 2018 Payment information will be reported to the IRS under the name and federal taxpayer ID number provided above. Information not matching IRS records or not provided to the City could subject the successful Contractor to a twenty eight percent(28%) backup withholding. 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1, 2018—2:00 pm 8 1 I' a g,e ATTACHMENT C—ACKNOWLEDGMENT OF ADDENDA CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE I/WE HAVE RECEIVED THE FOLLOWING ADDENDA: V none received write `None Received" 1./Iii j1v�E0 3. 2. 4. May 01, 2018 Date /Marc C. Thoreson lgna of Proposer Construction Manager Title Intermountain Slurry Seal, Inc. Corporate Name 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 91 Page ATTACHMENT D—BID CERTIFICATION CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Non-discrimination Clause The Bidder agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination;rates of pay or other forms of compensation;selection for training;rendition of services. It is further understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order or Bidder from the City,unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: �� /Marc C. Thoreson, Construction Manager Firm Name: Intermountain Slurry Seal, Inc. Address: 1120 Terminal Way Reno, NV 89502 Officer's signature: y ZOZ-O--` Type or print officer's name: Christopher M. Burke, President 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 10 P,3 g e ATTACHMENT E—FIRST TIER SUBCONTRACTOR DISCLOSURE FORM CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE BID#: CIP 2018-95001 SS CLOSING: Date: May 1,2018 Time: 2:30 pm This form must be submitted at the location specified in the Advertisement for Bids on the advertised Bid closing date and within two working hours after the advertised Bid closing time. List below the name of each subcontractor that will be furnishing labor or will be furnishing labor and materials and that is required to be disclosed,the category of work that the subcontractor will be performing and the dollar value of the subcontract. Enter "NONE" if there are no subcontractors that need to be disclosed. (ATTACH ADDITIONAL SHEETS IF NEEDED). NAME DOLLAR VALUE CATEGORY OF WORK 1) CcMV,I-R&rl✓% (:r $ 12.0.01, 02#46AeXrr4L 2) 1&kf $ �', x.04 121 V1 CT 3) $ 4) $ Failure to submit this form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid will not be considered for award. Form submitted by(Bidder name): Intermountain Slurry Seal, Inc. Contact name: Marc Thoreson Phone#: 775.358.1355 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 11 l' a c ATTACHMENT F—BID BOND CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE We, Intermountain Slurry Seal, Inc. , as "Principal," (Name of Principal) and Travelers Casualty and Surety Company of America , an Wyoming Corporation, (Name of Surety) authorized to transact Surety business in the State of Oregon, as "Surety," hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns to pay unto the City of Tigard ("Obligee")the sum of Ten Percent(10%)of Bid Amount 91VI/ ( 10% of Bid Amount ). WHEREAS,the condition of the obligation of this bond is the Principal has submitted a Bid to the Obligee in response to Obligee's solicitation for the project identified as 2018 Pavement Management Program — Preventative Maintenance,which Bid is made a part of this bond by reference,and Principal is required to furnish Bid security in an amount equal to ten percent (10%) of the total amount of the Bid pursuant to the solicitation document. NOW,THEREFORE,if the Bid submitted by Principal is accepted,and if a Contract pursuant to the Bid is awarded to Principal.,and if Principal enters into and executes such Contract within the time specified in the said documents and delivers to Obligee its good and sufficient Performance Bond and Payment Bond required by Obligee within the time fixed by Obligee,then this obligation shall be void;otherwise,it shall remain in full force and effect. IN WITNESS WHEREOF,we have caused this instrument to be executed and sealed by our duly authorized legal representatives this 26th day of April , 2018 PRINCIPAL• Intermountain Slurry Seal, Inc. SURETY. Travelers Casualty and Surety Company of America By: BY ATTORNEY-IN-FACT Sie Christopher M. Burke, President Isabel Barron, Attorney-in-Fact Printed Name&Title Printed Name Attest: r C. Thoreson, Construction Manager Signature ..,.RMOP 1 "Flower Square Address d p23,110 s Hartford CT 06183 � i� :4.�:•••�'7 City State Zip �e"life,�i�i1��`�� 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 12 `' a g e A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa.cn» ) On April 26, 2018 before me, Sumi Sohn-Rigler,Notary Public (insert name and title of the officer) personally appeared Isabel Barron who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S:,�r!SLHN ,JGLER WITNESS my hand and official seal. :7rn, Scor: U�31,�7 F� Santa Cruz County Nis,',;omtF,i.E 1!71 G Oct 19 201 B Signature (Seal) Sumi Sohn-Rigler,Notary Public TRAVELERS ) POWER OF ATTORNEY Travelers Casualty and Surety Company of America Travelers Casually and Surety Company St. Paul Fire and Marine Insurance Company Attorney-In-Fact No. 232494 KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Isabel Barron,of the City of Watsonville,State of California,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power of Attorney is limited to bonds, recognizances,conditional undertakings and other writings obligatory In the nature thereof for Granite Construction Incorporated and all subsidiaries and affiliates,alone or In Joint venture. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of February,2017. 'travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Pau! Fire and Marine Insurance Company >x ffiAdt nVA L * �+, d► State of Connecticut City of Hartford ss. By: — Robert L Raney,Senior Vice President On this the 3rd day of February,2017, before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. a 7!► My Commission expires the 30th day of June, 2021 ,� 0 Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and It is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation Is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity, or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies,which will remain in full force and effect through December 31,2018. Bond Executed on April 26,2018 Kevin E. Hughes,Assistant Secretary m� `•`•.'; alt t fpr n 6 INA To verify the auffientidty of t/ils Power ofAttorney,.call..t-AlW-42.2-3880 to contact as. Please refer to the Attornepin-Fact number, the above-named Ind/v/dual and the details of fire bond to w/rfch the power is attached. INTERMOUNTAIN SLURRY SEAL,INC. CERTIFICATE OF SECRETARY RESOLVED, that, effective January I,2018 through December 31,2018, the individuals named on the attached Exhibit 1 are authorized to negotiate, execute and/or attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids,bid proposals,bid addenda and all other bid-related documents prepared and submitted on behalf of the Company not to exceed$25 million,relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED, that, effective January 1, 2018 through December 31,2018, the individuals named on the attached Exhibit 2 are authorized to negotiate,execute and attest electronic and paper documents and contracts necessary for the conduct of the Company's affairs with respect to the submission and execution of construction project bids,bid proposals,bid addenda and all other bid-related documents prepared and submitted on behalf of the Company not to exceed $75 million,relating to any and all domestic construction projects arising out of the Company's operations. RESOLVED FURTHER,that the authority provided for herein shall be in accordance with applicable policies,procedures and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect. I, Kathleen Schreckengost, do hereby certify that I am duly qualified as Assistant Secretary of INTERMOUNTAIN SLURRY SEAL, INC., a Wyoming corporation(the "Company"); that the foregoing is a true and correct copy of resolutions duly adopted effective January 1, 2018 by unanimous written consent of the Board of Directors,held without a meeting as authorized by 17-16-821 of the Wyoming Business Corporation act and the Bylaws of the Company; that the Directors acting were duly and regularly elected; and that the resolution adapted has not been modified or repealed and is still in full force and effect. �t�ltirtl�fl Dated: January 2, 2018 Kathleen Schreekengost =s ► ' � '> y(- April 23, 1982 '!"Z lilt" Page 1 of 3 EXE"IT 1 AUTHORIZED SIGNERS Intermountain Slurry Seal,Inc. California,Nevada,Utah,Northwest Area and Texas AUTHORIZED SIGNERS Christopher M. Burke, President Gary R.Price,VP &Assistant Secretary Marc C. Thoreson, Construction Manager Paul Foster,Construction Manager Shawn Fielding, Construction Manager Nathan B.Niemann,Project Manager Derrick Deckwa,Project Manager Jason Lampley,Area Manager Josh Bowen,Project Manager Taylor Baggs,Project Manager Scott Curtis,Regional Division Controller ATTESTORS Gary R.Price,VP &Assistant Secretary Marc C. Thoreson, Construction Manager Paul Foster, Construction Manager Shawn Fielding, Construction Manager Nathan B.Niemann, Project Manager Jason Lampley,Area Manager Josh Bowen,Project Manager Derrick Deckwa,Project Manager Taylor Baggs,Project Manager Scott Curtis,Regional Division Controller Jane Nielson,Estimating Assistant Page 2 of 3 EXMBIT 2 AUTHORIZED SIGNERS Intermountain Slurry Seal,Inc. California,Nevada, Northwest and Utah Areas AUTHORIZED SIGNERS Christopher M. Burke, President Page 3 of 3 ATTACHMENT G-PUBLIC IMPROVEMENT CONTRACT PWR COVERED PROJECT CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE THIS CONTRACT, made and entered into this 23' day of May, 2018,by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City" and Intermountain Slurry Seal, Inc hereinafter called"Contractor",duly authorized to perform such services in Oregon. RECITALS WHEREAS, the City requires services which Contractor is capable of providing, under terms and conditions hereinafter described;and WHEREAS, time is of the essence in this contract and all work under this contract shall be completed within the time period stated in the Contract Documents; THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as follows: TERMS OF AGREEMENT 1. Services Contractor's services under this Agreement shall consist of the following- A. ollowingA. Temporary traffic control and temporary erosion control B. Installation of crack seal on City streets C. Application of slurry seal on residential streets D. Removal and application of pavement striping and markings on residential streets E. Performance of additional and incidental work as called for by the specifications and plans. 2. Contract Documents This Contract shall become effective upon signatures of the Parties and release of the official Notice to Proceed. The Contractor is hereby bound to comply with all requirements of the Contract Documents prepared by the City and performance pertaining to this Agreement,in the City of Tigard, Oregon, and by this reference made a part hereof to the same legal force and effect as if set forth herein in full. 3. Compensation A. City agrees to pay Contractor Nine Hundred Ten Thousand Eight Hundred Thirty Nine and 25/100 Dollars ($910,839.25) for performance of those services provided herein. B. City certifies that sufficient funds are available and authorized for expenditure to finance costs of this Contract during the current fiscal year. Funding in future fiscal years shall be contingent upon budgetary approval by the Tigard City Council. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Commercial Automobile Insurance: Contractor shall also obtain, at Contractor's expense, and keep in effect during the term of the Contract, "Symbol 1" Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance: The Contractor, its Subcontractors, if any, and all employers providing work,labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. D. Additional Insured Provision: The City of Tigard, Oregon,its officers,directors,and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. E. Insurance Carrier Rating. Coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The insurance carrier shall have a minimum of an AM Best Rating "A" with a financial strength of VII or better. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Certificates of Insurance: A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City,in lieu thereof,a certificate in form satisfactory to City certifying to the issuance of all such insurance provisions of this Contract shall be forwarded to: City of Tigard Attn: Office of Contracts and Purchasing 13125 SW Hall Blvd Tigard,Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work and no Contract shall be 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 contractors 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. 12. Method and Place of Giving Notice,Submitting Bills and Making Payments All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail Notices,bills and payments sent by mail should be addressed as follows: CITY OF TIGARD INTERMOUNTAIN SLURRY SEAL,INC Atm: Mike McCarthy,P.E. Atm: Marc Thoreson Address: 13125 SW Hall Blvd Address: 1120 Terminal Way Tigard,Oregon 97223 Reno NV 89502 Phone: 503-718-2462 Phone: 775-358-1355 Email: mikem e,dgard-or.gov Email: Marc.thoreson&cinc.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. 13. 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. 14. 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. 15. 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 14.C. 1)through 4)of this Agreement B. Any violation of subsection A of this section 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 awing to Contxactor, in an amount equal to State's setoff right;without penalty;and 3) Initiation of an action or proceeding for damages, specific performance, dedamtory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Contractors breach of this Agreement,including but not 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. 16. This Agreement constitutes the entire Agreement between the partes. No waiver,consent,modification,or change of terms of this Agreement shall bind either patty 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 teens and conditions. IN WI'T'NESS WHEREOF,City has caused this Agent to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. Approved by T*ard's Loral Contract Review Board at their May 22,2018 business meeting. Uff of TIGARD INTERMOUNTAIN SLURRY SEAIy INC vYVI Signature Signature WK4> -& (,- (,-a14 Kathleen Schreckengost,Vice President Printed Name&Title Printed Name&Title AM --31 1 Zz May 24, 2018 Date Date l i 1 t fill, C/) Aft UMI � j i f yy z3 ad, �.gym: ATrAc)EII4IENT H—PERFORMANcE BOND P[JBUC IMPROVEMENT CONTRACT CITY OF TIGmw 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Bond Number. 106895457 Project Name: 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Travelers Casualty and Surety Comvany of America (Surety#1) Bond Amount No. 1: $ 910,839.25 N/A (Surety#2)* Bond Amount No.2.* $ N/A *Yxmlgmaple.sutrs Total Penal Sum of Bond $ 910.839.25 We, INTERMOUNTAIN SLURRY SEAL,INC as Principal,and the above identified Surety(les), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, aur 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) Nine Hundred Ten Thousand Fight Hundred Thirty-Nine Dollars and Twentw Five Cents (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 itsel&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 CONDI'T'ION OF THIS BOND IS SUCH that if the Principal herein shall faithfiilly and truly observe and comply with the terms of the Contract and perfomns 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 pretninrn 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 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 20 Executed in 2 Counterparts 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 24th day of May , 2018 PRINCIPAL: INTFJMOIJNTAIN SLURRY SEAL,INC By: `t%:!!!!tt°°° Signa t1.�•.O�PO ;q�.;A�°�� Kathleen Schreckengost,Vice President • • A J;V F• (P 0.19 SL'j AL :m Printed Name&Title OG: 1Apd123,1882 6 Attest: See attached Certificate of Secretary 0. e�i�;YpN11N,• �i°°°`,t l•�."`�`�� SjJRETy. Travelers Casualty and Surety Company of America (Add signatures for each surety if using multiple bonds) BY ATTORNEY-IN-FACT: (Power-of-Attorney must accompany each surety bond) Ashley Stinson,Attorney-in-Fact Name By: Signature 1 Tower Square Address Hartford CT 06183 City State Zip (860)277-1914 Phone Fax 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 211 Page A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa crux ) On May 24,2018 before me, V.J. Fox, notary public (insert name and title of the officer) personally appeared Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. V.J.F0 WITNESS my hand and official seal. ,p Commission#2124012 Notary Public-California Z2 Santa Cruz county ?' My COMM.Expires Sep 15,2019 t' Signature ea V.J. Fox,notary public ATTACHMENT I—PAYMENT BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Bond Number: 106895457 Project Name: 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE Travelers Casualty and Surety Company of America (Surety#1) Bond Amount No. 1: $ 910,839.25 N/A (Surety#2)* Bond Amount No.2:* $ N/A *Ifusing multiple sureties Total Penal Sum of Bond: $ 910,839.25 We, INTERMOUNTAIN SLURRY SEAL,INC as Principal,and the above identified Surety(ies), authorized to transact surety business in Oregon, as Surety, hereby jointly and severally bind ourselves, our respective heirs, executors, administrators, successors, and assigns firmly by these presents to pay unto the City of Tigard, a municipality of the State of Oregon, the sum of (total Penal Sum of Bond) Nine Hundred Ten Thousand Eight Hundred Thirty-Nine Dollars and Twenty Five Cents (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 Contract;and shall pay over to the Oregon Department of Revenue all sums required to be 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 22 ? a g e Executed in 2 Counterparts 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 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 24th day of May 2018 PRINCIPAL: INTERMOUNTAIN SLURRY SEAL INC — 6 y – By: Signa e outs ��`'��:''�� .•••0, Kathleen Schreckengost,Vice President Printed Name&Title .O w :tiQ �'-'-� Attest: See attached Certificate of Secretary f l l r 1�� SURETY: Travelers Casualty and Surety Company of America r (Add signatures for each surety if using multiple bonds) BY ATTORNEY-IN-FACT: (Power-of-Attorney must accompany each surety bond) Ashley Stinson,Attorney-in-Fact Name By:_ Signature 1 Tower Square Address Hartford CT 06183 City State Zip (860) 277-1914 Phone Fax 2018 Pavement Management Program–Preventative Maintenance Due: Tuesday,May 1, 2018–2:00 pm 23 Fa g e A notary public or other officer completing this certificate verifies only the identity oftheindividual ACKNOWLEDGMENT who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Cruz ) On May 24,2018 before me, V.J. Fox,notary public (insert name and title of the officer) personally appeared Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. V I FOX WITNESS my hand and official seal. Commission#2124012 ' Notary Public-California Zza Santa Cruz County My Comm.Expires Sep 15,2015 Signature ea V.J. Fox,notary public Allm. TRAVELERS J POWER OF ATTORNEY Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St.Paul Fire and Marine Insurance Company Attomey-In-Fact No.232494 KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Ashley Stinson,of the City of Watsonville,State of California,their true and lawful Attomey-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies In their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. This Power of Attorney is limbed to bonds,recognizances,conditional undertakings and other wrifings obligatory in the nature thereof for Granite Construction Incorporated and all subsidiaries and affiliates,alone or In Joint venture. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 3rd day of February,2017. Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St.Paul Fire and Marine Insurance Company 4 State of Connecticut City of Hartford ss. Robert L.Raney,Senior Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. p My Commission expires the 30th day of June,2021 * mflJ —,t. C: �S�itR13ILA� * * Mane C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it Is FURTHER RESOLVED,that any bond,recognizance,contract of Indemnity,or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-In-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which will remain in full force and effect through December 31,2016. Bonds Executed on May 24, 2018 Kevlr E•Hugh+:s,Assistani Secretary 1M.W'l'9� �� ' O0n•Shi9 To verify the authenticity of AFils Power ofAttorney,cal/1-800-421 3880 to contact us. Please refer to the Attorney4b-Fact number, the above-named individual and the details of the band to which bW power is attad5ed. ATTACHMENT J-OREGON PREVAILING WAGE RATES CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PREVENTATIVE MAINTENANCE May be downloaded from:http://www.oregon.ggv/boli/WHD/PWR/Pages/pwr state aspx 2018 Pavement Management Program—Preventative Maintenance Due: Tuesday,May 1,2018—2:00 pm 24 a 5