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S-2 Contractors, Inc ~ CP19002 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM rr�� THIS FORM MUSTACCOMPANYEVERY CONTRACT Contract Title: 2018 PMP Pavement Rehabilitation (Overlay) Number: —�I!(//]/vJ Contractor: S-2 Contractors Inc. Contract Total: $1,200.063.30 Contract Overview: Services include,pavement over -s and repairs on cite streets such as Greenburg, Tiedeman and 74th._Work includes retrofitting existing curb ramps,ceding and removing areas of deteriorated pavement,paving new street surface,roadway striping, adjusting utilities to match new pavement,and temporarlT signage. protection and traffic control. Initial Risk Level: ❑ Extreme ❑ High [] Moderate ®Low Risk Reduction Steps: Insurance requirements from matrix Risk Comments: Risk Signature: Contract Manager: Mike McCarthy Ext: 2462 Department: PW/Engineering Type: ❑ Purchase.Agreement ❑ Personal Service [] General Service ® Public Improvement ® IGA ❑ Other: Start Date: 6/4/18 End Date: x/31/18 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE S-2 Contractors Inc. $1 200.063.30 Kodiak Pacific $1,262,078.75 Account String: Fund-Division-Account Work Order—Activit;Tae Amount FY 2017-18 412-8000-56005 95001-140 $150,000.00 FY 2018-19 412-8000-56005 95001-140 $1,050,063.30 Approvals - LCRB Date: May 22,2018 Department Comments: Department Signature: G ✓� ` Purchasing Comments:1, Purchasing Signature .r City Manager Commen _ City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. y , ■r City of Tigard 13125 SW Hall Blvd Tigard,Oregon 97223 Phone: (503) 639-4171 CONTRACT DOCUMENTS for the construction of 2018 Pavement Management Program Pavement Rehabilitation Project No.: CIP 2018-95001 OL Approved by: Mike McCarthy,P.E., Senior Project Engineer Bid Due&Bids Open: May 1,2018 -2:00 pm ADVERTISEMENT FOR BIDS CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION The City of Tigard will receive sealed bids from firms qualified to perform services on the City's 2018 Pavement Management Program—Pavement Rehabilitation 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 2:00 pm local time, May 1, 2018. 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. Construction of asphaltic concrete thin pavement overlays and normal pavement inlays and overlays 2. Asphalt concrete removal (grinding) 3. Applying sealant along pavement edges and joints 4. Temporary signage,protection, and traffic control 5. Striping and pavement marking 6. Construction of concrete curbs ramps,islands and driveways 7. 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 4:00 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 (PVR)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 Tigatd 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 .tigard-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 inikemCtigard-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: The Tigard Times Date: Monday,April 16,2018 Date: Thursday,April 13,2018 2018 Pavement Management Program—Pavement Rehabilitation 21 _T a,r t Due: May 1,2018—2:00 pm TABLE OF CONTENTS Advertisementfor Bids...........................................................................................................................................................2 Table of contents 3 AttachmentA—Bidder's Checklist.......................................................................................................................................4 AttachmentB—Bid.................................................................................................................................................................5 Attachment C—Acknowledgment of Addenda.............................................................................................................. 10 AttachmentD—Bid Certification...................................................................................................................................... 11 Attachment E—First Tier Subcontractor Disclosure Form......................................................................................... 12 AttachmentF—Bid Bond.........................................................................................................................•......................... 13 Attachment G—Public Improvement Contract............................................................................................................. 14 AttachmentH—Performance Bond.................................................................................................................................20 AttachmentI—Payment Bond...........................................................................................................................................22 Attachment J—Oregon Prevailing Wage Rates...............................................................................................................24 AttachmentK—General Conditions..................................................................................................................................... AttachmentL-Special Provisions.......................................................................................................................................... Drawings 2018 Pavement Management Program—Pavement Rehabila.tion Sheets 1 through 65 Dated:April 5,2018 2018 Pavement Management Program—Pavement Rehabilitation 3 ;a,r F. Due: May 1,2018—2:00 pm ATTACHMENT A—BIDDER'S CHECEUST CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION FORMS TO EXECUTE FOR SUBMISSION OF BID The Bidder's attention is especially called to the following forms which 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 Provisionin accordance with the Public Improvement Contract. 2018 Pavement Management Program—Pavement Rehabilitation 4 :i ;e Due: May 1, 2018—2:00 pm CrrY OFT.G..k:RD 2018. Isl x7jaNmN.rr IAS kcj--- ---i T P-R3GrAm PAVEMENT Rr—HA =A.L Foi T Tris 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 Pavett ement Program–Pavement Rehabilitation Bid Due Date: Tuesday,Mav 1.2018–2:00 pin Name of Subi3�t�hg Firm: rS 0+n;, L; i The Undersigned (frec,c me of t.befotlxww ig a zd provide arUi,*anal info,watzoo): An individual,doing business under ash assumed name registered under the laauws of the State of :or A partnership registered under the laws of tl^:e State of or v" A corporation organized under the laws of the State of 1 irt►- r- :or A limited liability corporation organized under the laws of the date of hereby proposes to furnish all material and labor and perforrn all work hereinafter indicated for the above project in strict accordancee with,the Contract Documents for the Basic Bid as follows: oto,. ktvA, is 1..8 -tip Ni >rr11101. and — i00Dollars ' 3 t and the undersigned agrees to be bound by all document,cornprising the Contract Documents as&eaned in the ConLa-= The Unduesigned declares that it has caref=ully= examined the site's} of the work, rhe Contract Docarnents,and fon-rns. Submission of this Bid shad be conclusive evidence that the'UTIdersigned.has im est' led and is satisfied as to the condition to be encountered, as to the character, quality and scope of work to be performed,ih.e quaritides of materials to be f maished,and as to the requ rerment of the Contract Documents. ::-accompanying herewith is a Bid.Security which is equal to ten.percent'10°l0) of the total amount of the Bid. 2018 Pavement Management Program–Pavement Rehabilitation Due: May 1,2018–2:00 pm BID SCHE.-BUI.E 2018 E`ANrF ZENT Mt%NT,.GEMENT PROGRAM PAVEMENT REHABILl"17A T IONlT ROADWORK P 1 00305 CONSTRUCT10-,\?SL'RNT,-I'WORK LS 2 00310 j REMNNT.OL OF SURFACINGS sQYD s7o " ;k; . YY."1.L" UC:f-EE�S.f@".L.SSO3.'!`.F.Fp-,S i _h•1LNOR ADJUSTMENT OF NU-NTHOLES ,-,NLA'N HOLE FR- IAM?,DJ USUAIENT: '. 3 00490 bTETHOD EACH 13 4 OG490 , ADD OR REPL3CE RLNHOLE PAVING RINGS EACH 2 � . 5 00490 ADJUSTRKG CATCH BASLNS EACH 11 i [ —I 6 ! 00490 REPLACE OR INSTALL MONUh=NT BOXES � EACH I 7 00490 I AD STING MONUMENT BOXMS EACH I 3 j tSc $ 00490I ADJUSTING-WATER OR GAS V-U;� BO_X S EACH 58 l�� •' ' � i���,`�� i Teti COLD PI-ANE PANTEMENT REl<10V_ 0-1 9 00620 INCHES DEEP S I'D 1,408 € COLD PLANE PAVE-NIENT RE'4410V AL,0-2 1.0 00620 INCHES DEEP SQYD 183 I ' COLD PL_AS.7E PATEIIIENT RE,IIOVAL,1 INCHES 11 ; 00620 DEEPSQ)YD 331 ' e i COLD P -LNI E PA.NTE14IENT REMOVAL,2.5 I I 3 ; 12 00620 INCHES DEEP I S S'D 10,460 COLD PLANE P.-)A-ElAffi T RE,MOI_�L,3 INCHES � 3 13 00620 DEEP I S YD 2,697 COLD PLANE PAVE:N1ENT REMOVAL,4 INCHES 14 00620 1 DEEP S YD 27-7 15 00640 AGGREGATE SHOULDERS TON 63 �yy0/@0 y`.��j � � a I6 00640 AGGREGATE BASE TON 120 : .; 17 00705 E-M-LSIFIED ASPI-LALT FOR FOG COAT TON 5.4 18 00730 I EMULSIFIED ASPH.ALT FOR TACK COAT TON10.2 . rte, >� 19 130744 LEVEL 2,1/2 INCH ACP M�'TNURE TO . 1009 20 00744 LE'F=3,1/2 LNCH ACP MIXTURE 'TON 2,444 21 00 744 LEVEL 3,3/8 LNCH ACP MA'TU-RE TON j 092 a 22 00744 CURB SEALING FOOT 3,283 . 23 00,744 6 INCH SIDE EDGE SEAL FOOT 970 24 00749 ! EXTRA FOR SPOT GRIND AND INLAY AREAS SQYD 312 f 25 0749 ASPHALT BERMS FOOT 3O F s 2018 Pavement Management Program–Pavement Rehabilitation 6 � S Due: May 1,2018–2:00 pm tri I <'wo.wT Una t'oet- TI-101 J ASPI-LALT DRIVEWAY CONNECTIONS A . D 26 00749 SLOPE PAVING SQFr 123 7 10 27 00',.59 1 CONCRETE CURBS.CURB AND GUTTER FOOT 93 S'sso 28 00-759 CONCRETE CURBS,ST-AINDARD CURB FOOT 1,044 1 62 610- 29 00759 CONCRETE CURBS,GRADE CORRECTION FOOT 379 60. 30 00.759 CONCRETE.DRnf-EWAYSS,REINFORCED sQFr 157 -759 1 CONCRETE 31 00, i 0 -i ISL�-\TDS. SQFT 1 145 00'r 32 CONCRETE W-kLv_'; -S ),Fr 6.015 (os.- S-dowtal T F1_R 1",1 A I k FILE 11 q I T R�9:xfA1C M F E M"A IND G UID A-NWC 5 D H V I CI-:S V,--qFf E TYPE IAR 33 00855 AfARKER-S F-A-CH 145 5% i 34 1 00855 I BI-DIRECTIONAL YELLOW TYPE 1AR ice'RKEI RS FACH 1 4314 'IS 95' 35 1 00855 BI-DI.RECTIO-NL-�LBT-LTETiPEL,'aIvLU-U<ERS EACH 17 '7 THERMOPLASTIC,EXTRUDED,SURFACE,NON- 1 36 00865 PROF1,314 , ILED FOOT 3 S, .1 - 37 00867 PAVEM EMF-\-T LEGEIND,TYPE B-HS:ARROWS 40 Z*,C= PAA-R-\IE--\--T LEGEND,T-I'PE B-HS:BICYCLE 04 38 0,3867 I T--kNE STENCIL EACH 28 39 00867 PAVEAf E-N- T BA-R,TYPE B-YIS. S FT 682 224 L V' BID To?rIAL iiL B M TOMNL 1N WO VIDS 2018 Pavement Program-Pavement Rehabilitation 7 Due: May 1,2018-2:00 pm I The Undersigned agrees,if awarded the Contract; to execute and deliver to the City of Tigard,within. torr (10) days after receiving the Contract forms,a satisfactory Performance bond and a satisfactory Payment Bond each in an amou_*rt equal to one hundred percent(100%) of the Contract sum,using the fortes provided by the City. 'Elie surety(ies) requested to issue- the Performance Bond and Payment Bond will be `Orf. The Undersigned hereby authorizes said surety(ies) company(ies) to disclose any irAoznwrad 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 widz 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 Perforce Bond and Payment Bond widlin ten (10) days after receiving the Contract forms, then the Bid Security may become the property of the City at the City's opdon;but if the Bid is not accepted within sixty(60) days of the tine,set for the opening of the Bids, or if the Undersigned execures and timely delivers said Agreement Form; Perforrrautce Bond,and Payment Bond,the Bid Security shall be returned.. T'he Undersigned certifies that (1) This Bid has been arrived at independeintly 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) 'Ihe contents of the Bid have not been. corttmurkated 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 Bidand w-ill not be communicated to such person prior to the official opening of the Bid. The Undersigned[N,HAS ISS NOT(click aplicabk skz&sj paid unemployment or income taxes in Oregon within the past 12 months and K ILkS[]IIAS NOT(cbccl ai.plicable stairs)a business aridness in Oregon. The Undersigned 15v:;. .HrIS El '-LA-S NOT (c,§eck- r-pPkcable status) complied with ally Afhrtrnanve Action Requirements included wi+lain the procurement docunnents. The Undersigned agrees, if awarded a Contract, to comply with the provisions of ORS 279C.800.through 279C.870 pertainng to&,.e payment of the prevailing rates of wage. The Undersigned's CCB registration number is II S 3 with. an expiration date of 611 4 . As a condition to submitting a Bid, a Contractor must be registered with the Oregon Construction Contractors Board in accordance witli O£ 701.035 to 701.055, and disclose the registration number. Failure to register and disclose the number will snake the Bid unresponsive and it will be rejected unless contrary to fedexal law. 'L Undersigned further certifies tht-,at Undersigned shall provide proof to the City}prior to the begin n ng 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 Contsa.ctors Board as required under Oregon Pl;TR lain. The successful Bidder hereby certifies that all subcontractors who will ptcrfoma construction work as described in ORB 701-005(2)were registered-with the Construction Cont actors Board in accordancewith ORS 701.035 to 701.0 55 at the time the subcontmctor(s)made a Bid to work under the Contract _.. ......................... ... 2018 Pavement Management Program—Pavement Rehabilitation_ 8 3 . ? Due: May 1,2018—2:00 pm The successful Bidder hereby certifies that,in accordance with the Worker's Compensation Law of the State of Oregon, its Worker's Compensation h suzance provider is 4A%�-' Lon, . , Policy No. and that Undersigned shall subi-nit Certificates of Insurance as required. Nax�e, of Company: —S-Z Comapany Address: Q,nj 0 11co, I artest that I have the authority to c=,.gait the iir-m.n=eu above 'to this Bid amount and ackno-wedge that the firm meets the gtaalifications necessary ra perform this Work as outlined in the Invit^tion to Bid. I undersurid that I gill be required to provide necessaxi,in.forr..mtior to verify thwt the flay,meets these qt#}` 't"cati ns z selected for the subsequent Contract. 1 Atho-s pSignature:Sinature: )A rz P ti ted Naraei'.Tide-, �e+��• d�ti i l.ec' f� �k Pa3mment in onnadar. V ME be reporters to the IRS under the rtarne and ederal ta_�payer E0 number provided abo,-e. Irifornzati.or,.riot=.r..atchir.,g iF a.eCords or not pro, d.ed to the Qry could subject the successtall Contractor to a mrenty eight percent(298°of backup ti?ithhol.d�r..g. 2018 Pavement Management Prograin—Pavement Rehabilitation 9 ._. Due: May 1,2018—2:00 pm AnAt:Hb„-N t C-kcE Nox—,mEDG-v.F- 4 t OF ADDENDA CITY c TfGARD 201:8 PAVE MN 7ML&NA EIg ENT PricGrum FAVET RINT RE"HAMUTATION I/WVE HAVE RECEIVED THE FOLLONVLNG ADDENDA: gone nwired write '-None Reeved" .. 3. 2. Date Tile Corporate Name 2018 Parer=.ient Management Program—Pavement Rehabilitation 10 Due: May 1,201.8—2:00 pni A`rAci MNL D-BIO C'V-P IFI A.T!ON Cin'or-TmArco- 2018 Y kv �V wr 1i' Amit Fd�mj\r"r! oc-rI t jq PAVES MI'ITTEHAB- t?1 ATTION Nor, �'`iHsc..rit- in-a ori C—.apse The Bidder agrees not to discriminate against any client,employee or 2gpplicant for employment or for services, because of race; color, religion, sem,, national origin, handicap or age with regard to, but not limited to, the following. emploanent upgrading, demotion or transfer; reauitrnent or remaitxnen.t adl erdsing; layoffs or termination;rates of pay or other forms of compensation;selection for ttaining;rendition of services. It is f-t:rther understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order or Bidder frons the City,unless a satisfactory shoving is invade that discriminato-q practices have terminated and that a recurrence of such acts is unl kelt'. a Agreed by: �VJ t:l N Firm Name: .. � �• fi . Kddress: &I NJ kAr 1 Officer's signature: J TS-pe or print officer's naive: � , � ��•:c� .�����:.e�� .................... .... 2018 Pav ernent Management Program—Pavement Rehabilitation 11 ( r Due: Nfay 1,2018—2:00 pm A T'iAC `ME,gT E-FRCS'-'`l<~IER SLBCO TIUCTOR DISCL©S'eME EoRm CIS of T?GApm 2018 EA'Eh<EIVTi`VLuwAGFm--mq-j PAL-EhtiEI.0 REHA1D I;A ON Ili#r: CII'2018-9500101, CLOSINI G Date: had=1.2 18 Time: 2:60� This form must be submitted at the location specified in the Advertisement for Bids on the advei1sed Bid closing date and within two working hours after the advertised Bid closing time. List beiow the name of each subcontractor that will be furnishing labor or will be f unishing labor and moteriits and that is required to be disclosed,the category of work that the subcontractor will bee performing and the dollar- value olLuvalue of the subcontract. Enter. "NONE"if there ase no subcontractors that need to be disclosed. ('ATl,k: C-H ADD IT):ON L SHEETS IF NEEDED), IkTAME D,0 LLAR CATEGORY OF WORK ice i0w, ✓ 8 v 3! i Failure to submit thLis form by the disclosure deadline will result in a nonresponsive Bid. A nonresponsive Bid will not be considered for gu=ard. For=sui;mir'leed by( idd-r n=1er: �•� �"���� '���: C.o t c€name: ` „t' Phone SC*-16 -4 C r 2018 Pavement Management Program-Pavement Rehabilitation 12 ; , Due: May 1.2018-2:00 pm IS—,Bim-Z cm.,yr, CIT.Y OF TME.A-R.D. krmrr!,Q,,KAGr.:zv:E.zn PRormma FAVELMMWT R;SFJ,511.,n.AT1Gr..T Wel S-2 Contractors,Inc. 2S 4T0&,C1;7j. N, RM,V,ci pi,-,6pzrj and Western Surety CompanyL,.___ Sou€h Dakota �arrc af Sun-tyr) Aut!-Ozized to Mansaa &uxew busintsa in the State of Oregpm, as "Surety," tcreby ickitly and sverAy bind ourse!ves,=resp&cdve h.-_r exewtomm,Fermiustmcov.,vuCcressors,gnd assigm to pry vmo In City of. SEW, ("C of Ten Percent of Total Amount Bid— A 00 1D*q1rS 1 0�?of Bid-- 'WIMRAM,the c—onditioa afffie ebtration.o fib boad it the,PdiicilShes-mbmitted a 11131id to&ic 0161�gcc in M,XQft W Obliz'&S S01iCjtFLtkt�fo:die Project ycle: :d s, ?€;'B I�r err:enc .gang: ea�aeriY e�r�gr�z �-p�-eta e:at a pan c-EdWs borldby reference,=dPzin4r_1 is-ccquircd to fi=)1ti Bid securitv in,an unciarr ecrualfir,reil ptr=r of the total,amowt Co`jh- e ad 1yu.-suarit&*the sC61-17tetion .NTOW.,TIIIFIEEIRMTORE,if dhe Bid submitted by Pffiicipal is 2cciopted,Ind if v,Contmc;t pm-swmt to,the Bid is ay.-arded w-Principl,ai-A if P&.cipal en-ta-,into P-nd execates sudi Coatmm-%ithki the tme specified in the uid &Curnewx W,4 delivers to oee it:gcv-xi=d sufficienc Performar= Bond and P; wxnz Sond roquL,ed by Of'eigree withm the time ffixcmd ba Chl;grx,clen ft oblugation ahaU be void,ozherzrlsa,k s)-aR mr-ab in'AW form and effect. If YN'T NN."ETNESS VVHEREGj":�,,%.vc hzvc caused,tla inst=nent to!:�e imrMted Ina our duly emphoEzed lei 1 1 st 2018 A av m P R1 I Ii?,Aj-. S-2 Contractors,!nc,._.1___.._ _qUip�My� Western Surety Compan, BYATI, ME -N-FACT T ami Jones Pt ted PSI re e Pi ted Nz-,= Aucst 1201 SW 12th Avenue,,4500 Addrem 7. Portland OR 97205 My 2018 Psvement N-lavagement P&704?ram-71F-.vcirxn14,k tuabilatation t§ w< g,ti Due: hff". 1,Z"I 9--1X pm Western Surety Company POWER 03F ATTORNTRYAPPONTING MIDWIDUAL,L TORNT .r-INT-FACT Know All NFL=By These Present%That.IXTS=_N SURETY CoiviPANY,a South Dakota corporation,is a duly organized and existing corporation having its princitaal o Tice in the City of Sioux;Falls,and State of South Dakota.and that it does by viriue of the signature and seal herein affixed hereby make,constitute and appoint Philp G, For ,er, Rai, 1VI Paiement, Vicki Mat-her, Gloria. Bruning, Richard W KoNvalsil, f1trent Olson, aI F`a. 1Dwney, Karen A Pierce, Jul Illetzmmi, ChristoghLer A Rebu>5 n, Gall of Portiand,OF„its true and lawful Attorney(s)-in-?pact wkh fall power and authority hereby conferred to sign,seal and execute for and on its behalf bones, undert^?ings and asherobiigatc;instunieuts of similar nature In Uin-it .mounts F and to bird it thereby as fully aed to the same extent as if such instruments were signed by a duly authorized odlicer of the corporation and all the acts of said Aitorney,pursuant to the authority hereby given,are hereby ratified and confirmed. 3liis Power-of Attoreey is made and executed pursuant to and by authority of the By-Uw punted on the reverse hereof,duly adopted,as iadicrted,by the shareholders of the corporation. Ii Witneam Wriercaf,?N-ESTEFN STURETY COXNIPA' f has caused these presents to be signed by ks 'rice President and its cotpo—am seal to lie hereto affixed on this 14th day of duly,2(}17. R SURETY VVESTE 0 c ?aul T.Bnfflat .Tice President State of Sour?Dakota ss Cou tty of hAinnehaha j On this 14ih day of July,2017, )efore me personally carne Paul T.i ruflat,to we known,who,hang by me duly svvorn,did depose and say: that he re'des is d.e City of Sioux Falis,State of South Dakota:tbai he is the Vice President of VVISTERN'SLTRM'COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the real affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to Iihe authority,afrd aclnowledges sr-rhe to be the act and deed of said corporation. IP4y commission expires il r klPSYPi122SC.� lune 23,2021 � sxm:a4Karx ,P[ ` f *a',n4ii�i.�.�eW:�m•,.�'k+deswr ,! f I Mohr,Notart?Public CE R1IT,1'A`i E I,L.Iverson,Assistant Secretary of ASTERN SURETY COMIPANY do hereb,+certify drat the Power of Attgmev hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereo,is still in force. I testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this ':R��. day ofAIR a'•tS' f<g Perm P4280-7-2012 L.Nelson,Assistant Secretary ATTACHMENT G—PUBLIC IMPROVEMENT CONTRACT PWR COVERED PROJECT CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION 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 S-2 Contractors,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 diis 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 Contractors services under this Agreement shall consist of the following: A. Construction of asphaltic concrete thin pavement overlays and normal pavement inlays and overlays B. Asphalt concrete removal(grinding) C. Applying sealant along pavement edges and joints D. Temporary signage,protection,and traffic control E. Striping and pavement marking F. Construction of concrete curbs ramps,islands and driveways G. Performance of additional and incidental work as called for by the specifications and plans. 2. Contract Documents This Contract shall become effective upon signature and issuance 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 One Million Two Hundred Thousand Sixty Three and No/100 Dollars ($1,200,063.30) 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 tennmate 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, clairns, 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 will 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 will 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 Emit 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: Crry OF TIGARo S-2 CONTRACTORS,LnT Attn: 1\tike McCarthy,P.E. Attn: William Shunn Address: 13125 SW Hall Boulevard Address: 6860 S Anderson Rd Tigard, Oregon 97223 Aurora OR 97002 Phone: 503-718-2462 Phone: 503-651-4000 Email: mikem@dgard-or.gov Email: krobitsc'i.!c s2cos..itE•stctc.rsLl c.cotn 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 flus 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 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 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. Complete Agreement This Agreement constitutes the entire Agreement between the parries. No waiver, consent,modification,or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. Approved by Tigard's Local Contract Review Board at their May 22,2018 business meeting. CITY OF TIGARD S-2 CONTRACTORS,INC Signature Signature M(I t4-A 0-L 11 e-- City Ma 4 a qe,-- w;W40%, S�-JAM /Ve Printed Name&Title J Printed Name&Title 6. Y•2,017 sl?Al+s Date Date ATTACHMENT J—OREGON PREVAILING WAGE RATES CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION May be downloaded from:htW://www.oregon.gov/boli/WHD/PWR/Pages/pwr state aspx 2018 Pavement Management Program—Pavement Rehabilitation 24 P Due: May 1,2018—2:00 pm ATTACHMENT H—PERFORMANCE BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION Bond Number: 30038492 Project Name: 2018 Pavement Management Program Western Surety Company (Surety#1) Bond Amount No. 1: $ 1,200,063.30 (Surety#2)* Bond Amount No.2:* $ *If using multole sureties Total Penal Sum of Bond: $ 1,200,063.30 We, Western Surety Company 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)One Million Two Hundred Thousand Sixty Three&301100---($1,200,063.30)Dollars (Provided, that we the Sureties bind ourselves in such sum "jointly and severally' as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety),and WHEREAS, the Principal has entered into a Contract with the City of Tigard,the plans, specifications, terms, and conditions of which are contained in the above-referenced project solicitation; WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard specifications, special provisions,schedule of performance,and schedule of Contract Prices,are made a part of this Performance Bond by reference,whether or not attached to the Contract(all hereafter called"Contract';and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements, plans, and specifications, and all authorized modifications of the Contract which increase the amount of the work, the amount of the Contract, or constitute an authorized extension of the time for performance,notice of any such modifications hereby being waived by the Surety: NOW,THEREFORE,THE CONDITION OF THIS BOND IS SUCH that if the Principal herein shall faithfully and truly observe and comply with the terms of the Contract and performs the Contract within the time prescribed by the Contract,then this obligation is null and void;otherwise it shall remain in full force and effect. If the Contractor is declared by City to be in default under the Contract, the surety shall promptly remedy the default, perform all of Contractor's obligations under the Contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. This obligation jointly and severally binds the Contractor and surety and their respected heirs,executors, administrators,and successors. Nonpayment of the bond premium shall not invalidate this bond nor shall the City of Tigard be obligated for the payment of any premiums. Said surety for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the Work to be performed thereunder, or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration,or addition to the terms of the Contract or to the Work or to the specifications. 2018 Pavement Management Program—Pavement Rehabilitation 20 1 P q c e Due: May 1,2018—2:00 pm ATTACHMENT I—PAYMENT BOND PUBLIC IMPROVEMENT CONTRACT CITY OF TIGARD 2018 PAVEMENT MANAGEMENT PROGRAM PAVEMENT REHABILITATION Bond Number:30038492 Project Name: 2018 Pavement Management Program Western Surety Company (Surety#1) Bond Amount No. 1: $ 1,200,063.30 (Surety#2)* Bond Amount No.2:* $ *If using multiple sureties Total Penal Sum of Bond: $ 1,200,063.30 We S-2 Contractors,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)One Million Two Hundred Thousand Sixty Three&30/100---($1,200,063.30)Dollars (Provided, that we the Sureties bind ourselves in such sum "jointly and severally" as well as "severally" only for the purpose of allowing a joint action or actions against any or all of us,and for all other purposed each Surety binds itself,jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety),and WHEREAS, the Principal has entered into a Contract with the City of Tigard,the plans, specifications, terms, and conditions of which are contained in above-referenced project solicitation; WHEREAS, the terms and conditions of the Contract, together with applicable plans, standard specifications, special provisions, schedule of performance, and schedule of Contract Prices, are made a part of this Payment bond by reference,whether or not attached to the Contract(all hereafter called"Contract';and WHEREAS, the Principal has agreed to perform the Contract in accordance with the terms, conditions, requirements,plans,and specifications,and schedule of Contract Prices which are set forth in the Contract and any attachments,and all authorized modifications of the Contract which increase the amount of the work,or the cost of the Contract,or constitute authorized extensions of time for performance of the Contract,notice of any such modifications hereby being waived by the Surety: NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH that if the Principal shall faithfully and truly observe and comply with the terms,conditions,and provisions of the Contract,in all respects, and shall well and truly and fully do and perform all matters and things to be performed under said Contract and any duly authorized modifications that are made,upon the terms set forth therein,and within the time prescribed therein, or as extended therein as provided in the Contract, with or without notice to the Sureties, and shall indemnify and save harmless the City of Tigard its officers,agents,and employees against any claim for direct or indirect damages of every kind and description that shall be suffered or claimed to be suffered in connection with or arising out of the performance of the Contract by the Contractor or its subcontractors,and shall promptly pay A 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 nor claim to be filed or prosecuted against the City on account of any labor or 2018 Pavement Management Program—Pavement Rehabilitation 22 '' a g e Due: May 1,2018—2:00 pm 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 1 2018 j�PRINC'IPIApL: S-2 Contractors,In : BY W thJ►'.---� Signature l�,1 A r1n ��1�Y1I► �V Printed Name&Title t "goo Attest F Nom. SUREJ Y; Western Surety Company (Add signatures for each surety if using mult ple bonds) O; rGo� BY ATTORNEY-IN-FACT: (Power-of-Attorney must accompany each surety bond) rc Gloria Bruning Nam A !` /V 1�l/ SignatuJe 1201 SW 12th Ave.,#500 Address Portland,OR 97205 City State Zip 503-224-2500 503-224-9830 Phone Fax 2018 Pavement Management Program—Pavement Rehabilitation 23 P s g c Due: May 1, 2018—2:00 pm Western Surety Company POWER OFATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Philip O Forker, Ray M Paiement, Vicki Mather, Gloria Bruning, Richard W Kowalski, Brent Olson, J Patrick Dooney, Karen A Pierce, Joel Dietzman, Christopher A Reburn, Gail A Price,Tami Jones,Individually of Portland,OR,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 14th day of July,2017. WESTERN SURETY COMPANY �p' -q rx _.,._..., p0 WZ,pPOgq 3 _��0 1�:D IF ai sZN DP,.;fi?x . 4aul T.Bruflat,Vice President State of South Dakota l Jr County of Minnehaha ss On this 14th day of July,2017,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expiresJ.MOHR ,oa�aarnarauauc June 23,2021 �xds°""'°"`°'"`�' J.Mohr,Notary Public CERTIFICATE I, L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation pn e on the reverse hereof's till in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of -0i WESTERN SURETY COMPANY =W 4 �ip. .Sfpb i? ��Tlf DPC 7:Y� 27 an r-Lz ryp L.Nelson,Assistant Secretary Form F4290-7-2012