HomeMy WebLinkAbout2000-228 Agrmt - TAP Intertie AGREEMENT FOR
TALENT - ASHLAND - PHOENIX WATER INTERTIE PIPELINE
AND WATER SYSTEM IMPROVEMENTS
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
FUNDING AGENCY EDITION
THIS AGREEMENT is by and between The Cities of Talent, Ashland and Phoenix (hereinafter called OWNER) and
James W. Fowler Co. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE I - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally
described as follows:
The WORK includes the furnishing and installation of approximately 28,835 LF of 24-inch diameter water transmission pipe
within Oregon State Highway 99 from the city of Medford south to the City of Talent, the construction of a Regional Booster
Pump Station, the construction of two 1.0 million gallon reinforced concrete storage reservoirs located in the Cities of Talent
and Phoenix, the furnishing and installation of approximately 3,770 LF of 16-diameter and 1,255 LF of 12-inch diameter
water transmission pipe for the City of Phoenix, the furnishing and installation of 5,706 LF of 16inch diameter water
transmission pipe for the City of Talent, and existing booster pump station modification for the Cities &Phoenix and Talent.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Cities of Talent, Ashland and Phoenix: TALENT - ASHLAND - PHOENIX, WATER INTERTIE PIPELINE
AND WATER SYSTEM IMPROVEMENTS
EJCDC No. 1910-8-A- 1-PA (1997 Edition)
Copyright ® 1997, NSPE
00500 1
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by MONTGOMERY WATSON who is hereinafter called ENGINEER and who is
to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract
Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4. 02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within500 days after the date when the Contract Times commence to
run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance
with paragraph 14. 07 of the General Conditions within 500 days after the date when the Contract Times commence to
4. 03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the time(s) specified in paragraph4.02 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNERand
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay
OWNER $2000 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion
until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or
fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $1000 for each day that expires after the time specified in paragraph4.02 for
completion and readiness for final payment until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an
amount in current funds equal to the sum of the amounts determined pursuant to the prices for all Work, at the prices
stated in CONTRACTOR's Bid, per the attached Section 00300 - BID FORMS.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's
Applications for Payment on or about the 20TM day of each month, during performance of the Work, as provided in
00500 2
Paragraphs 6.02.A. I and 6.02.A.2 below. All such payments will be measured by the schedule of values established in
paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed)
or, in the event there is no schedule of values, as provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage
indicated below but, in each case, less the aggregate of payments previously made and less such amounts as
ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General
Conditions:
a. 95% of Work completed (with the balance being retainage); and
b. 95 % of cost of materials and equipment not incorporated in the Work but delivered and suitably
stored in a location and maimer agreed to in writing and pursuant to paragraph 14.02.A. I of the General
Conditions (with the balance being retained).
2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to
CONTRACTOR to 95 % of the Work completed, less such amounts as ENGINEER shall determine in accordance
with paragraph 14.02.B.5 of the General Conditions.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General
Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said
paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 4
% per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at
or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as
provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental
Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of
the General Conditions.
00500 3
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences,
and procedures of construction, if any, expressly required by the Contract Documents to be employed by
CONTRACTOR, and safety precautions and programs incident thereto.
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or
data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance
with the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site
that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is
acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documeots consist of the following:
2.
3.
4.
5.
6.
7.
10.
This Agreement (pages 005001 to 005007 inclusive);
Performance Bond;
Payment Bond;
Conditions of the Contract (pages 007001-1 to 00800-7 inclusive);
General Requirements (pages 01010-1 to 01700-2 inclusive);
Technical Specifications as listed in the table of contents of the Project Manual;
Drawings consisting of a cover sheet and sheets numbered Gl through I4, inclusive, with each sheet
bearing the following general title: Rogue Valley Council of Governments Talent- Ashland - Phoenix,
Water Intertie Pipeline and Water System Improvements, Volume 2 - Drawings.
Addenda (numbers 1 to 6, inclusive);
Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed;
b. CONTRACTOR's Bid;
c. Documentation submitted by CONTRACTOR prior to Notice of Award
The following which may be delivered or issued on or after the Effective Date of the Agreement and
are not attached hereto
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
00500 4
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.04 of
the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10. 02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another
party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys
that may become due and moneys that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to
the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements,
and obligations contained in the Contract Documents.
10. 04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER
and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
10. 05 Other Provisions
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed eight copies of this Agreement. One counterpart
each has been delivered to OVv~qER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf.
This Agreement will be effective on, - (which is the Effective Date of the Agreement). (This Agreement shall not be
effective unless and until concurred in by AGENCY's (Rural Development) designated representative.)
00500 5
Attest
License No.
Agent for service of process:
Address for giving notices:
(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign,)
Designated Representative:
Title:_
Address: ~'.r~
Phone: ~-
Facsimile: ~-
OWNER(s): Cities of Talent, Phoenix and Ashland
lent ·
Marian Telerski, Mayor Date
Adclress for givLng notices:
ei ~ ~
Larr~ Pardt~i, Mayor bate
Address for giving notices:
RUS Bulletin 1780-14
Page 7
14. Certificate of (~er's Attorney.
a~d acting legal representative
of the City of Talent
he'ke~6y certify as follows
· the duly authorized
, do
I have examined the attached contract(s) and performance and
payment bo~d(s) and the manner of execution thereof, and I am of the
opinion that each of the aforesaid agreements are adequate and have has
been duly executed by the proper parties thereto acting through their
duly authorized representatives; that said representatives have full
power and authority to execute said agreements o~ behalf of the
respective parties named thereon; and that the foregoing agreements
constitute vali~ and legally binding obligations upon the parties
executing the saree in accordance with ter~, conditions~ a~d provisions
thereof.
NOTE: Delete phrase "performance and payment bonds" when not
applicable.
RUS Bulletin 1780-14
Page 7
14. Certificate of Ow~er'~ Attorney.
I, the undersigned, _~
and acting legal representative
of ~h~ C~v of Ashland
he~y certify as follows
the duly authorized
I have examined the attached contract(s) and performance and
payment bond(s) and the man,er of execution thereo~, and I am of the
opinion that each of the aforesaid agreements are adequate and have has
been duly eaeou~ed by the proper parties thereto acting through their
duly authorized representatives; tha~ said representatives have full
power and authority to execute said agreements o~ behalf of the
respective parties name~ thereon; and that the foregoing agreements
constitute valid and legally binding obligations upon the parties
executing the same in accordance with te~, conditions, a~d provisions
thereof.
NOTE: Dele=e phrase "performance and payment bonds" when not
applicable.
RUB Bulletin 1780-14
Page 7
14. Certificate of Owner's Attorney.
I, the undersigned,
and acting legal representative
of__.the City of Phoenix
hereby certify as follows
· the duly authorized
· do
I have examined the attached contract(s) and performance and
payment bond(s) and the manner of execution thereof, and I am o~ the
opinion that each of the aforesaid agreements are adequate and have has
been duly executed by the proper parties thereto acting through their
duly authorized representatives; that said representatives bare full
power and authority to execute said agreements on behalf of the
resp¢=tive parties named thereon; and that the foregoing agreements
constitute vali~ and legally binding obligations upon the parties
executing the same in accordance with terms, conditions, and provisions
thereof.
NOTE: Delete phrase "performance and paymen= bonds" when not
applicable.
RUS Bulleti~ 1780-14
~age 8
15. RUS Concurmence.
~ lender or insurer of funds to defray the costs of this contract,
and without liability for any payments thereunder, the Rural Utilities
Service (BUS) hereby c~ncurs in the award of thi~ CONTRACT to
U.S. Department of Agriculture
Rural Utilities Service
This CONTRACT shall not be e~fective unless and until concurred in
by the State Pmogram Official of the Rural Utilities Service. U.S.
Department of Agriculture Or a delegated representative.
CONSTRUCTION PERFORMANCE AND PAYMENT BOND
KNOW ALL BY THESE PRESENTS, That we, James W. Fowler Co.
Bond 400 KC 6511
I 12775 Westview Drive, Dallas, OR 97338
(called Principal), as Principal, and
corporation of
St. Paul Fire and Marine Insurance Company
, a Minnesota
385 Washington Street, St. Paul, MN 55102
as Surety, are held and fLrmly bound unto The Cities of Talent, Ashland, and Phoenix
(called Surety),
(called Obligee) in the sum of
Eight Million Nine Hundred Sixty Eight Thousand Eight Hundred Seventeen and 00/100
Dollars ($ 8,968,817.00 ) for the payment whereof Principal and Surety bind themselves, their legal representa-
fives, successors and assigns jointly and severally, fLrmly by these presents.
WHEREAS, Principal has entered into a written Contract dated October 27 , 2000
with Obligee for TALENT - ASHLAND - PHOENIX WATER INTERTIE PIPELINE AND
WATER SYSTEM IMPROVEMENTS
a copy of which Contract is hereto annexed and made a part hereof as fully as if set forth herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall faithfully perform such Contract
and pay all persons who have furnished labor or material for use in or about the improvement and shall indemnify and save harmless
Obligee from all costs and damage by reason of Principal's default or failure so to do, then this obligation shall be null and void;
otherwise it shall remain in full force and effect. Surety hereby waives notice of any alteration, extension or forbearance as to any of
the terms of the Contract other than the terms of payment thereunder, made or extended by Obligee or Principal.
NO RIGHT OF ACTION shall accrue upon or by reason hereof to, or for the use or benefit of, anyone other than the Obligee herein
named.
NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced
within two (2) years following the date on which Principal ceased work on said Contract.
Signed and sealed this 31st
day of October
~x J ~'~'~ Principal
J '~t.M'aul Pi~ an ~_~ '.ne Insurance Company
~NNNt x~ ~,.. Surety
Jen~ ne,~n~n-Fa;t -
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Conrpany
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney No. 21910 Certificate
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
thc laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively ~llled dw "Companies"), and that the Companies do
hereby make. constitute and appoint
Richard W. Kowalski, Jennifer Keene, Gall A. Flyan and Charlene Eason
Portland Oregon
of the City of State , their true and lawlBI ABorney(s)-in-FacE
each in lheir separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings.
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance pi contracts and executing or guaranteeing bonds and undertakings restflged
IN WITNESS WHEREOF
Seaboard Surety Company
St. Paul Fire and
State of Maryland
City of Baltimore
On this 7t'h da3 of July
any actions or proceedings allowed by law.
7th day of July .2000
: Dinted States F~debty and Guaranty Company
· Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Iht'.
MICHAEL R. MCKIBBEN. Assistant Secretary
2000 . before me, the undersigned ollicer, personally appeared John F. Phinney and
Michael R. McKibbem who acknowledged themselves to be thc Vice President and Assistant Secretary. respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United Stales Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc.; and that the seals affixed to the Ii)regoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so lo do, executed the foregoing instrument for the purposes therein contained by signing the names oJ the
corporations by lhemselvcs as duly authorized officers.
In Witness Whereof, 1 hereunto set my hand and oJficial seal.
My Commission expires the 13th day o/July. 2002
REBECCA EASLEY ONOKALA. Notary Public
,~6203 Rev. 11-99 Printed in U.S.A.
Thi~ Power of Allorney is granted under anti by the authority ol the following resolufion~ adopted by the Boards of Directors of Seaboard Surety Company, St. Patti
File and Marine Insurance Compan3,, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Gmnant~ Insurance Company~ and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in Edl force and
effect, reading as
RESOLVED, that itl connection with the fidelity and surety insurance buquless of the Company, all bonds, undertakings, contract~ and other instrument~ relafing
to said business may be signed, executed, and acknowledged by person~ or entities appointed as Attorney(s) in Fact purquant to a Power of Atlorney iqsued in
accordam c with these resolutions. Said Power(s) ol Attorney lot and on behalf ol thc Company may and shah bc cxecuted in the name and on behalf of the
Company, either by the Chairman, or the President. or any Vice President. or an Assiqant Vice President. jointly with thc Secretary or an Assistant Secrelal%
undel thei~ respective designations. The signature ol such officels may be engraved, printed or lithographed. The signature of each of the fi)regoing officers and
thc seal ol the Company may be at fixed by facsimile 1o uny Power ol Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undetlakings and other wrdings obligato~ in the nature thereof, and subject to any limitations set forth therein, any
such Power of Attorne3, or ccrt~ficatc bearing such hcs~milc ~ignaturc or fac~inulc seaI shall be valid and binding upon the Company, and any such power st)
exet.uted and cemfied b3 such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached: and
RESOLVED FURTHER, that Attorney(s)-in-Fact shall have tile power and authord3u and, in any case. subject to the terms and limitatiomx of the Power
Attorney issued/hem, lo execute and deliver on behalf ol the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obhgatory m thc nature thcrcol, and any such instrument cxccutcd by such A/totncy(s) in Fact shall be as binding upon the Company as if signed by an
Execufive Officer and settled and attested to by the Secretary of the Company.
I. Michael R McKibben, Assistant Secretar3 of Seaboard Surer3, Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company.
St. Paul Merculy Insurance Company, Unded States Fidelity and Guaranly Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Undcrwrdcrs. lnc do hcrcby ccrtd},, lhat Ibc above and Ioregoing ~s a true and correcl copy ol Ihe Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked
IN TESTIMONY WHEREOF, 1 hereunto set my [land thl~ 31st day ot OCTOBER 2000
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 attd ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the bond to which the power is attached.
~t Dy: MARSH CONSTRUCTTON 503-227-5717; 11/04/00 2:35PM;Jeti~ox #114;Page 2/3
....~ . ~ ......~...,..,.:........:., ..:,...,, ~R~IEICA~E,OE:INSU.RANCE, ..~ ....... ,.. . ~,,~ ..... ~ ~
COMPANIES AFFORDING COVERAGE
Jerrf W Y~s~kf (5~) 748-~69 A ~VE~ER5 INOE~I~ ~ ILL.
Ja~ W, F~ler C~, ~ ~VELERS IN~NCE CO
~ ~x 489
Dallas, ~ 9733~ co~Y
C ~IF C~TI~
)TW1THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Off OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY
ISSUED OR MAy PERTAIN, THE INSURANCE AFFORDED !ay THE POLIC(E$ DE$CRICED HEREIN I$ SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS
OF SUCH ~LICtES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~ ~ C~47K70~' 1213~ I~ 12/31100 G~L ~m~T~'" e 2.000. 000
-~ ..... I ~'"~ ~"~ F~°~u" ¥~-~ ~,~u,~ , ]. o00. o00
OWN~'S & CONT~CTQ~'~
~ per p~oct Aggteg. ~ ~P ~ ~ ........ ~0,000
~oM~ u~m~ OT81067~51~GOL99 ] ]2133199 12131/00
" ~ow~o*uras [ ..... 1,00~:000
~ ~x~ ~m~r 0UP678~5228 JP/31/99 12/3~/00 E~HOCCUn~;NC; * 10.000.000
..-~_ ~aRELLA FORM
~[o~' u~s~ ~O ' L INSURED ~DI~ Eu e~CH ~clo~m ~00,000
-- ~E ~OPR~ETOfl/ ~'"' ~CL ~ES ~T APPL f TO ~u ~s,~sE- ~u~Y~ 500.000
omc~,s ~,~= ~xc~ THJ5 POLICY
~ ~llder's R~s~ [~0~7 ]~/~5/00 ~ ]J/]5/O~ $8.9~.8]7 Limft; rS.000 Deduct.
- 6a~let~ Veluo per ~currence, 5p~lal Form,
Fo~ Excluding Earth~v~n~ ~ Fled
~: TAL~NT-AS~NO-P~NIX ~Q ]NTERT]E PIPELINE A~ ~TER 5Y$TEH
~ROVE~NTS. A~ITIO~L ]NSURED5: THE CITIES ~ TALE~, ASH~, AND
~ENIX & ~NT~RY
~ESPECT5 ~E~TI~5 OF THE ~ED ]NS~ED.
.' ,r.fl rlr ICA I £ I it3LULH ~ ......... .. ,..,
Rcgue Va liep Co~ncf7 of
Goverrments
Attn: Pa~ Foley
P O. Box 3pp~
Central Point, OR 97502
OR REPRESENTATIVES.
, ~t 0.Y: MARSH CONSTRUCT[ON 503-227-5717; 11/04/00 2:35PMj.J~tJC~X #114;Page 3/3
Mar~lt IJSA Inc.
I I I S.W. Columbia, Soil= 500
I~nnland, Or~Gon ~1720 I
503 Z~ §~00 F~x:503-227-57]?
INSURANCE BINDER
Date: November 03,2000
For:
James W Fowler Company
City of Talant
-- City of Ashland
City of Phoenix
Montgomery Watson Americas, Inc.
_ Sub and Sub-subcontractors of every tier. as their interests
may appear
12775 Westview Drive
Dallas, Oregon 97338
BINDER # 0099907ZA
Effective: November 15, 2000
t2:01 am
_ Special Form Coverage - Risks of Direct Physical loss to covered property subject to policy exclusions
and limitations. No coverage for earthmovement or flood. Completed value form.
Automatic Coverage Extensions:
$ 25,000 Debris Removal
$ 25,000 Pollutant cleanup and removal
$100,000 Accounts Re(;eivable
$ 25,000 Valuable Papers
$ 25,000 Trees, Shrubs or Plants
- - $ 5.000 Fire Department Service
$ 50,000 Rigging
$ 50.000 Testing
$ 25,000 Service Work
$ 25,000 Contract Penalty
$ 25,000 EDP
$ 25,000 Expediting Expense
-- RATE BA. SlS: $0.123 per $100 of completed value
It is agreed that insurance contracts and premium agreements subsequently issued shall conform to this binder.
._~ Accepted for: LibertyMutualUnderwriter~,lnc. Assigned Policy #: !M_2_0_9_1~
SignalUte Of A.[llodzed Unclerwd[er is on file al our office am:l evidences uftderstanding and agreemenl of tills d~cumen[ and all attachme~l.s
THIS IS EVIDENCE OF NEW COVERAGE
COVERAGE: Builders Risk
LIMIT: $8,968,817 Al Ar~y One Construction Site
$ 100,000 Sub-Limit: At any temporary storage location
$ 250,000 Sub-Limit: Transit
~3,96~,817 Any one loss for all coverage% combine~
$5,000 per oc,~urrence
LMU39232
DEDUCTIBLE:
FORM:
SPECIAL
CONDITIONS:
Policy Expiration: No~omber 15,2001 12:01 am
Binder Expiration: February 15, 2001 12:01 ;am
Annual Premium: $11,032.00
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 003562
JAMES W FOWLER COMPANY
P O BOX 489
12775 WESTVIEW DRIVE
DALLAS, OR 97338
FOB Point:
Terms: Net
Req. Del. Date: 12/1/00
Special Inst:
PAGE 1 ! 1
: ~0 NUMBER
SH~P TO: Ashland Public Works (541) 488-5587
27-1/2 N MAIN STREET
ASHLAND, OR 97520
Req, No.:
Bept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
Quantity Unit Description · · Unit,Price '- .. Ext. Price
BLANKET PURCHASE ORDER
28,835 FT of 24" line from Medford to Ta
portions of the project.
SUBTOTAL 1,101,500.0~'
BILL TO: ~ccount Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 1,101,500.00
ASHLAND, OR 97520
. AccountNumber Amount ,. . . Account Number. · Amount
E 670.08.15.00.704200 275,375.00
E 670.08.36.00.704200 826,125.00
Au~ori~eo :5~gnature VENDOR COPY
CITY OF ASHLAND
REQUISITION
No. PW253A - 2001
Department PW - Water
Vendor James W. Fowler Co.
PO Box 489
Dallas OR 97338
670.08.15.00.704200 - 25%
Account No.
670.08.36.00.704200 - 75%
Date December 18, 2000
Requested Delivery Date now
Deliver To Paula Brown
Via PAULA BROWN
(* Note: Please allow approximately two(2) weeks for delivery on items not
generally tailed in stored, and approximately i~vo (2) months on printing jobs.)
I
Item No. Quantity Unit Description I Use of Purchasing Office Only
Unit Price Total Price PO No.
1 1 I Construction of TAP Line
28,835 FT of 24" line from Nedford to Talent $ X, lOl,500.O0
Contract attached
Based upon a percentage of the regional
)ortions of the project
Job No. Unit No.
I hereby certi~, that the above items are necessary for the operation
of this department and are budgeted
./ D~eepartment Head °r Auth°rlzed Pers°n
Issued By
Date
Received By
19.39%
398000
4132243
880000
5410243
Ashland's Flow Based %
1049046.1 Ashland's cost
52452.306 plus 5% contingency
1101498.4