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1998-101 Agrmt - Slayden Construction
DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between City of Ashland, Oregon (hereinafter called OWNER) and Slayden Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Demolition of a primary clarifier, two aeration basins, anaerobic digester, secondary digester, chlorine contact basin, sludge drying beds, storage building and operations building; rehabilitation of existing headworks, influent pump station and two secondary clarifiers; installation of ultraviolet disinfection system equipment supplied by the Owner; and construction of wastewater treatment plant improvements including two Carrousel Ditches with integral splitter box, secondary clarifier, clarifier splitter structure, RAS/WAS pump station, plant drain pump station, miscellaneous vaults and yard structures, ultraviolet disinfection system, effluent pump station, plant water pump station, operations building, back-up power generator, yard piping, grading, paving, electrical power and control systems, instrumentation, and associated work necessary for repair and reconstruction of existing improvements affected by the Work, and all work necessary to render the facility complete and operational. Provisions and specifications contained within the Contract Documents are hereby specifically referred to and made part of this Agreement and shall have the same force and effect as though fully inserted herein. ARTICLE 2 - ENGINEER 2.01 The ENGINEER, Carollo Engineers, 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, unless otherwise modified in the Supplementary Conditions. July 30, 1998 00520-1 4411B10 G:\dawn\Garbage\00520.wpd ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestone Completion Dates, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 Interim Milestone Completion Dates for Portions of the Work, Substantial Completion and Final Completion of the Work A. Ultraviolet Disinfection System shall be substantially complete and ready for Owner's utilization within 175 days after the date of the issuance of the Notice to Proceed. B. Phase 1 of the Work shall be substantially complete and ready for Owner's partial utilization within 500 days after the date of the issuance of the Notice to Proceed. C. Phase 2 of the Work shall be substantially complete and ready for Owner's partial utilization within 700 days after the date of the issuance of the Notice to Proceed. D. The Work shall be Substantially Completed in accordance with paragraph 14.04 of the General Conditions within 800 days after the date of the issuance of the Notice to Proceed. E. The Work shall be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 860 days after the date of the issuance of the Notice to Proceed. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement, that Work under other contracts is dependent on the timely and satisfactory completion of the Work, and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize that it will be impracticable to determine actual damages which OWNER will sustain in the event of or by reason of the delay. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER the following amounts for each day that expires after the specified time in paragraph 3.02 for substantial completion of the individual phases of the Work until the Work associated with that phase 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 the following amounts for each day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. It is further agreed that the amount stipulated for liquidated damages per day of delay is a reasonable estimate of the damages that would be sustained by OWNER, and CONTRACTOR agrees to pay such liquidated damages as herein provided. In case the liquidated damages are not paid, CONTRACTOR agrees that OWNER may deduct the amount thereof from any money due or that may become due to CONTRACTOR by progress payments or otherwise under the Agreement, or if said amount is not sufficient, recover the total amount. July 30, 1998 00520-2 4411B10 G:\dawn\Garbage\OO520.wpd Portion of Work Ultraviolet Disinfection System Phase I of the Work Phase II of the Work Substantial Completion of all Work Completion of all Work $2,500 per day $2,000 per day $1,200 per day $1,000 per day $750 per day Liquidated Damages ARTICLE 4 - CONTRACT PRICE 4.01 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 paragraphs 4.01 .A, 4.01 .B, and 4.01 .C below: A. For completion of all Work, a Lump Sum of: Twelve million three hundred seventv-four thousand and no/100 Dollars (use words) $12,374,000.0 0 (figures) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. B. Add or Deduct Unit Prices Item 1: Removal of sludge from the secondary digester and disposal at a permitted, off- site location, in excess of a base quantity of 12,000 cubic feet of undiluted sludge. Total quantity of sludge removed by Contractor shall be determined by taking measurements before and after sludge is removed from within the structure and the add or deduct unit price specified below will be applied to any deviation from the base quantity. Add (or Deduct) $1.00 per cubic foot of sludge in excess of (or less than) the base quantity. Item 2: Removal of sludge from the sludge drying beds and disposal at a permitted, off- site location, in excess of a base quantity of 15,000 cubic feet of sludge. Total quantity of sludge removed by Contractor shall be determined by taking measurements before and after sludge is removed from within the drying beds and the add or deduct unit price specified below will be applied to any deviation from the base quantity. Add (or Deduct) $1.00 per cubic foot of sludge in excess of (or less than) the base quantity. Item 3: Removal of sludge from the anaerobic digester and disposal at a permitted, off- site location, in excess of a base quantity of 20,000 cubic feet of sludge. Total quantity of sludge removed by Contractor shall be determined by taking measurements before and after sludge is July 30, 1998 00520-3 4411B10 G:\dawn\Garbage\00520.wpd removed from within the structure and the add or deduct unit price specified below will be applied to any deviation from the base quantity. Add (or Deduct) $1.00 per cubic foot of sludge in excess of (or less than) the base quantity. Item 4: Removal of sludge from within the aeration basin and disposal at a permitted, off-site location in excess of, or less than, a base quantity of 7,500 cubic feet of sludge. Apply the different between the base quantity and the actual quantity. The add or deduct unit pdce of: $1.00 per cubic foot of sludge in excess of or less than the base quantity. C. The Bid Form is attached hereto as an exhibit. ARTICLE 5 - PAYMENT PROCEDURES 5.01 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. 5.02 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 before the 20th day of each month during performance of the Work as provided in paragraphs 5.02.A. 1 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions 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 90 percent of Work completed along with 90 percent of the cost of materials and equipment not incorporated in the Work (with the balance being retainage). Progress payments made to CONTRACTOR will be reduced by the aggregate of payments previously made and less such amounts as ENGINEER may determine that OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. a. If the total Work is at least 50 percent completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on account of Work subsequently completed, in which case the remaining progress payments prior to completion of the entire Work will be in an amount equal to 100 percent of the Work completed less the aggregate of payments previously made; and B. In lieu of retainage, provisions may be made as provided in ORS 279 for depositing with OWNER approved bonds or securities of value equal to the retainage. 5.03 Final Payment A. Upon final completion and acceptance of the Work, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER in accordance with paragraph 14.07 of the General Conditions. July 30, 1998 00520-4 4411B10 G:~dawn~Garbage\00520.wpd July 30, 1998 00520-5 4411 B10 G:\dawn\Garbage\00520.wpd ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 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 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. E. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 7 - PAYMENT OF LABORERS 7.01 The CONTRACTOR shall: A. Make payment promptly, as due, to all persons supplying to such CONTRACTOR labor or material for the prosecution of the work provided for this contract; B. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of this contract; C. Not permit any lien or claim to be filed or prosecuted against the OWNER on account of any labor or material furnished; and D. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 7.02 If the CONTRACTOR fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to it by any person in connection with this Agreement as such claim becomes due, the OWNER may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due the CONTRACTOR by reason of such Agreement. 7.03 The payment of a claim in this manner shall not relieve the CONTRACTOR or the CONTRACTOR's surety from obligation with respect to any unpaid claims. July 30, 1998 00520-6 4411B10 G:\dawn\Garbage~00520.wpd ARTICLE 8 - PAYMENT FOR MEDICAL CARE AND PROVIDING WORKERS' COMPENSATION 8.01 The CONTRACTOR shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such CONTRACTOR, of all sums which the CONTRACTOR agrees to pay for such services and all moneys and sums which the CONTRACTOR collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 8.02 The CONTRACTOR, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. ARTICLE 9 - PREVAILING RATE OF WAGE 9.01 The hourly rate of wage to be paid by any contractor or subcontractor to workers performing work under this Contract, shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality where such labor is performed as determined by the Commissioner of the Bureau of Labor and Industries. 9.02 The CONTRACTOR and subcontractor(s), if any, shall keep the prevailing wage rates for this project posted in a conspicuous and accessible place in or about the project. 9.03 The CONTRACTOR shall pay a fee equal to one-tenth of one percent (0.1 percent) of the price of this contract. The fee shall be paid on or before the first progress payment or 60 calendar days from the date work first began on the contract, whichever comes first. The fee is payable to the Bureau of Labor and Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 NE Oregon Street, #32 Portland, Oregon 97232 9.04 If the CONTRACTOR or subcontractor also provides for or contributes to a health and welfare plan or a pension plan, or both, for its employees on the project, it shall post notice describing such plans in a conspicuous and accessible place in or about the project. The notice shall contain information on how and where to make claims and where to obtain further information. 9.05 The CONTRACTOR and every subcontractor shall file certified statements with OWNER in writing in form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the CONTRACTOR or the subcontractor has employed upon such public work, and further certifying that no worker employed upon such public work has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in the contract, July 30, 1998 00520-7 4411B10 G:~dawn\Garbage\OO520.wpd which certificate and statement shall be verified by the oath of the CONTRACTOR or the CONTRACTOR's surety or subcontractor or subcontractor's surety that the CONTRACTOR or subcontractor has read such statement and certificate and knows the contents thereof and that the same is true to the CONTRACTOR or subcontractor's knowledge. The certified statements shall set out accurately and completely the payroll records for the prior week including the name and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. The certified statement shall be delivered or mailed by the CONTRACTOR or subcontractor to the OWNER. A true copy of the certified statements shall also be filed at the same time with the Commissioner of the Bureau of Labor and Industries. Certified statements shall be submitted as follows: A. For any project 90 days or less from the date of award of the contract to the date of completion of work under the contract, the statements shall be submitted once before the first payment and once before the final payment is made of any sum due on account of a contract for a public work. B. For any project exceeding 90 days from the date of award of the contract to the date of completion of work under the contract, the statements shall be submitted once before the first payment is made, at 90-day intervals thereafter, and once before final payment is made of any sum due on account of a contract for a public work. The CONTRACTOR or subcontractor shall preserve the certified statements for a period of three years from the date of completion of the contract. ARTICLE 10 - CONTRACTOR/SUBCONTRACTOR PAYMENT DISPUTES 10.01 The CONTRACTOR is required to include in each subcontract for property or services entered into by the CONTRACTOR and a subcontractor, including a material supplier, for the purpose of performing this construction contract: A. A payment clause that obligates the CONTRACTOR to pay the subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the CONTRACTOR by the public contracting agency under such contract; and B. An interest penalty clause that obligates the CONTRACTOR to pay to the subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a) of this subsection. 1. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and 2. Computed at the rate specified in ORS 279.435. 10.02 The CONTRACTOR is further required to include in each of its subcontracts, for the purpose of performance of such contract condition, a provision requiring the subcontractor to include a payment clause and an interest penalty clause conforming to the standards of this section and require each of its subcontractors to include such clauses in their subcontracts with each lower-tier subcontractor or supplier. July 30, 1998 00520-8 4411B10 G:\dawn\Garbage\00520.wpd 10.03 The CONTRACTOR shall not request payment of any amount withheld or retained in accordance with ORS 279.445(6) until such time as the CONTRACTOR has determined and certified to the OWNER that the subcontractor is entitled to the payment of such amount. 10.04 A dispute between the CONTRACTOR and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsection (4) or (5) of ORS 279.445 does not constitute a dispute to which the OWNER is a party. The OWNER shall not be included as a party in any administrative or judicial proceeding involving such a dispute. ARTICLE 11 - HOURS OF LABOR 11.01 No person shall be employed for more than eight hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the OWNER absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279.051, the laborer shall be paid at least time and a half pay for all overtime in excess of eight hours a day for work performed on Saturday and on any legal holiday specified in ORS 279.334. 11.02 Eight hours shall constitute a day's labor except in the case of employment by any CONTRACTOR of lead persons, security personnel and timekeepers paid on monthly rate. ARTICLE 12 - TIME LIMITATION ON CLAIM FOR OVERTIME 12.01 Any worker employed by the CONTRACTOR shall be foreclosed from the right to collect for any overtime under this contract unless a claim for payment is filed with the CONTRACTOR within 90 days from the completion of the contract, providing the CONTRACTOR has' A. Caused a circular clearly written and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place which is readily available and freely visible to any or all workers employed on the work, and B. Maintained such circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. ARTICLE 13 -COMPLIANCE WITH PUBLIC CONTRACTING LAWS 13.01 The provisions of ORS 279.435 and ORS 279.526 - 279.542 are incorporated by this reference as though fully set forth. ARTICLE 14 - CONTRACT DOCUMENTS 14.01 Contents A. The Contract Documents consist of the following: July 30, 1998 00520-9 4411B10 G:\dawn\Garbage\OO520.wpd 1. This Agreement; 2. Performance Bond; 3. Payment Bond; 4. General Conditions; 5. Supplementary Conditions; 6. Specifications as listed in the table of contents of the Project Manual; 7. Drawings consisting of a cover sheet bearing the title "City of Ashland Wastewater Treatment Plant Process Improvements Project" and sheets listed in the index of drawings; 8. Addenda (numbers 1 to 2, inclusive); 9. Exhibits to this Agreement (enumerated as follows): a. CONTRACTOR's Bid, Exhibit 1. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed; b. Written Amendments; c. Work Change Directives; d. Field Orders. B. There are no Contract Documents other than those listed above in this Article 14. C. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 15 - MISCELLANEOUS 15.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 15.02 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 July 30, 1998 00520-10 4411B10 G:\dawn~Garbage\00520.wpd 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. 15.03 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. 15.04 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. July 30, 1998 00520-11 4411B10 G :\d awn\G arbage\O0520.wpd IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on ~' 1 ~ '?"" ,1998 (which is the Effective Date of the Agreement). OWNER: City of Ashland Attest Address fo ivin notices' City Hall 20 East Main Street Ashland, Oregon 97520 Designated Representative: Name: Paula C. Brown, P.E. Title: Public Works Director/City Engineer Address: 20 East Main Street Ashland, Oregon 97520 Phone Number: (541) 488-5587 Facsimile Number: (541) 488-6006 CONTRACTOR: Slayden C~stru,'t'Lq~ Inc. Address for giving notices: P.O. Box 625 (500 Willamette Drive) Sta~on, Oregon 97383 License Number 45621 (Where applicable) Agent for se~ice of process: Todd Woodley Designated Representative: Name: Todd Woodley Title: Vice-President Address: 500 Willamette ~rive Sta~on, Oregon 97383 Phone Number: (503) 769-1969 Facsimile Number: (503) 769-4525 END OF DOCUMENT July 30, 1998 00520-12 4411B10 G :\d awn\G arbag e\00520.vepd ACORD. PRODUCER CERTIFICATE OF LIABILITY INSU a c- ,o DATE MM,DD , · ~r~· ' ~''SLAYD- 108/04/98 Anchor Insurance & Surety, Inc 1201 SW 12th Ave., Suite 500 Portland OR 97205-2030 FaxNo~ ~5_03 - 224 %9830 Philip O. Forker Phone No. 503-224-2500. INSURED Slayden Construction, P0 Box 625 Stayton OR 97383 Inc. COVERAGES CO LTR A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A National Fire Ins. of Hartford COMPANY B Transcontinental Insurance Co. COMPANY C Continental Casualty Co. COMPANY D SAIF Corporation THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE GENERAL LIABILITY X I COMMERCIAL GENERAL LIABILITY ~ CLAIMS MADE ~ i,~_--i OCCUR ' OWNER'S & CONTRACTOR'S PROT ! AU;OMOBILELIAB,.TY i ANY AUTO i ALL OWNED AUTOS ~ SCHEDtJLED AUTOS j HIRED AUTOS I NON-OWNED AUTOS i AqRAGE LIABILITY f ANY AUTO 1 EXCESS LIABILITY C UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY D THE PROPRIETOR/ ~ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER POLICY NUMBER 1073232415 1073238568 1073238571 POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) 06/04/98i 06/04/99 06/04/98 06/04/98 A430966 10/01/97 06/04/99 10/01/98 LIMITS GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP/OP AGG $ 2, 000, 000 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1, 000, 000 FIRE DAMAGE (Any one fire) $ 300, 000 MED EXP (Any one person) $ 10, 000 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY i $ (Per person) BODILY INJURY (Per accident~ I $ PROPERTY DAMAGE ! $ AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT $ ! AGGREGATE $ EACH OCCURRENCE $ 5, 000, 000 06/04/99 AGGREGATE $ 5, 000, 000 $ :WC STATU- i IOTH- X ITORY LIMITS I I ER :-EL EACH ACCIDENT $ 100, 000 EL DISEASE - POLICY LIMIT $ 500, 000 EL DISEASE- EA EMPLOYEEI $ 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT-PRIMARY ADDITIONAL INSUREDS ARE THE CITY OF ASHLAND, CAROLLO ENGINEERS AND THEIR RESPECTIVE CONSULTANTS, OFFICERS, DIRECTORS, PARTNERS EMPLOYEES AND AGENTS. WAIVER OF SUBROGATION ENDORSEMENTS APPLY. OVER EMPLOYERS LIABILITY LIMITS. CERTIFICATE HOLDER CANCELLATION ASHLA- 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ASHLAND 20 EAST MAIN ST. ASHLAND OR 97520 I I ACORD 25-s (1/95) EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS O_,~RL~=~ESENTATIVES. Philip © ACORD CORPORATION 1988 UMBRELLA APPLIES A . II P. II . INSURANCE BINDER DATE<. DD Y, 8-3-98 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SID~-F-~11S F~)RM. .... ~.O.E PRODUCER (A/C, No, Ext): (503) 224-2500 dOMPAN~ CO~O~E~TH INSU~CE CO ~ 980901 ~CHOR INS~CE & SU~, INC. ~c~w 1201 SW 12TH AVE SUITE 500 P~ ~ ~ ..... CODE: I SUB CODE: AGENCY CUSTOMER ID: INSURED SLAYDEN CONSTRUCTION, INC. CITY OF ASHLAND;CAROLLO ENGINEERS; THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY I PER EXPIRING POLICY #: DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY (Including Location) CITY OF ASHLAND WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT SUBCONTRACTORS OF EVERY TIER PO BOX 625, STAYTON, OR 97383 COVERAGES TYPE OFINSURANCE PROPERTY CAUSES OF LOSS ALL RISK BUILDERS RISK, BASIC BROAD SPEC AND ¥LOOD XBUILDERS RISK GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNER'~ & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AU1 OS NON-OWNED AUTOS RETRO DATE FOR CLAIMS MADE: COVERAGE/FORMS INCLUDING EARTHQUAKE ON SITE IN TRANSIT STQ~RED OFF_ SITE_ _ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES i iSCHEDULED VEHICLES COLLISION: : OTHER THAN COL: GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM i RETRO DATE FOR CLAIMS MADE: WORKER'S COMPENSATION AND EMPLOYER'S UABIUTY SPECIAL CONDmONS/ OTHER COVERAGES NAME & ADDRESS AMOUNT LIMITS DEDUCTIBLE CITY OF ASHLAND 20 EAST MAIN ST. ASHLAND OR $12,374,000.; 188:888:_ GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person} COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY N JURY (Per accident) PROPERTY DAMAGE MEDICAL PAYMENTS PERSONAL INJURY PROT UNINSURED MOTORIST ~ ACTUAL CAS? VAL_UE _ i STATED AMOUNT AUTO Q?LY - EA AC_CIDENT OTHER THAN AUTO ONLY: ~ACR A--CCIDENT- AGGREGATE EACH OCCURRENCE AGGREGA_TE SELF-INSURED RETENTION i $TATU_T2RY~LIM!T_S EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE ACORD 75-S (12/93) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE '® ACORD CORPORATION,.1993 - COINS % 100% * DEDUCTIBLES - $ 5,000. FOR ALL RISK PERILS 2% OF VALUE IN PLACE AT TIME OF LOSS, SUBJECT TO $25,000. MI~OR_EARTHQUAKE_AND~FLOOD iMORTGAGEE ~ i ADDITIONAL INSURED i LOSS PAYEE LOAN# 97520 Executed in Two (2) Original Counterparts Bond No. B2866416 CONSTRUCTION PERFORMANCE BOND Any singular reference to CONTRACTOR, Surety, OWNER or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): ,qlnyct~n ~nnntnmtinn Inn P C~ Rnx RPR Rtaytnn, f')r~.gnn g7RRR SURETY (Name and Principal Place of Business): R~.linnnn In.m ~rnnr. R CnrnDnny P (3 Rnx .RRRg Pnrtlnnd~ C)monn .q72PR OWNER (Name and Address): City nf A.~hlnnd 90 Fn.~t Mnin ,C, trRRt A.~hlnnd, OrRonn .q7R2~) CONSTRUCTION CONTRACT Date: Amount: ,$1 p/ 74,nnn nn Description (Name and Location): C,,ity nf AnhlnnH Wnnt~.wnt~.r Trp. ntmp. nt Plnnt BOND Prnn~.n.~ Imprnv~.m~.nt.q PrnjRnt Date (Not earlier than Construction Contract Date): Amount: $19,R74 00~ ~0 Modifications to this Bond Form' EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects. July 30, 1998 00612-1 4411B10 G :',WO~,441 lB 10\SPEC\00612~S PC CONTRACTOR AS ~¢I.I~NCIPAL Company: Slayden 6;onstruction, Inc. (Corp. S~-~ Signature: Name and Titl~ '7'~::~ SURETY Company:,,.Be~q~ Insurance Company SignatL~e: Name a~itle: Pame~.a S. At l:orrte¥-±rt-Facl; CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER for the performance of the Construction Contract, which is incorporated herein by reference. If the CONTRACTOR performs the Construction Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.a. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: The OWNER has notified the CONTRACTOR and the Surety at its address described in Paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in Subparagraph 3.a; and The OWNER has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the OWNER. 4. When the OWNER has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: a. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Construction Contract; or July 30, 1998 00612-2 4411B10 G :\WO\4411 B10\SPEC'~00612.SPC b. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the OWNER the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's Default; or d. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: (1) After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or (2) Deny liability in whole or in part and notify the OWNER citing reasons therefor. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in Subparagraph 4.d, and the OWNER refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. After the OWNER has terminated the CONTRACTOR's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.a, 4.b, or 4.c above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligation without duplication for: a. The responsibilities of the CONTRACTOR for correction of defective work and completion of the Construction Contract; Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the CONTRACTOR. July 30, 1998 00612-3 4411B10 G:\WO\4411B10\SPEC\OO612.SPC 10. 11. 12. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Definitions. Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Construction Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Construction Contract. Do Construction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all the Contract Documents and changes thereto. c. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract or to perform and complete or comply with the other terms thereof. July 30, 1998 00612-4 4411B10 G :',WO',4411 B10\SPEC\00612.SPC (FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT OR BROKER: OWNER'S REPRESENTATIVE: Phil Forker Anchor Insurance 1201 SW 12th Avenue, Suite 500 Portland, Oregon 97205 (503) 224-2500 Paula C. Brown, P.E. Public Works Director / City Engineer City Hall 20 East Main Street Ashland, Oregon 97520 (503) 488-5587 4411B10 July 30, 1998 00612-5 G:',WO\4411 B10\SPEC\00612.SPC Bond No. B2866416 CONSTRUCTION PAYMENT BOND Any singular reference to CONTRACTOR, Surety, OWNER or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): ,qlnydnn C, nnntnlntinn, Inn P 0 Rnx RPR &tnytnn, C)rnonn SURETY (Name and Principal Place of Business): Rplinnr.¢. Inmlrnnnp. ~nmpnny P 0 Rnx 5RR.q Pnrtlnnd, C)r~onn .q7P2R OWNER (Name and Address): c, ity nf Anhlnncl 2f'l Fnnt Mnin &tr~.p.t A.~hlnnd, C)r¢onn .q7.R90 CONSTRUCTION CONTRACT Date: ~/~¢~ Amount $1~2:R74~FI(~ nf) Description (Name and Location): C,,ity nf A.~hlnnci Wn.~t~.wnt~.r Tr~.ntm~.nt Plnnt BOND Prnnp. nn Imprnv~.m~.ntn Prnj~.nt Date (Not earlier than Construction Contract Date): Amount: $1 P,R74 f~Cl Fill Modifications to this Bond Form: EJCDC No. 1910-28A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects. July 30, 1998 G :',WO~,4411 B10\SPEC\00614.SPC.wpd 00614-1 4411B10 CONTRACTOR AS PRINCIPAL Company: Sla d~n Construction, Inc. "('~o rp. Seal) Signature: Name and Title: SURETY Signature: Name ad~LT~]'e: Pamela S. ~'razie~ Attorney-in-Fact CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: The CONTRACTOR and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the OWNER for the performance of the Construction Contract, which is incorporated herein by reference. If the CONTRACTOR performs the Construction Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.a. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after: The OWNER has notified the CONTRACTOR and the Surety at its address described in Paragraph 10 below, that the OWNER is considering declaring a CONTRACTOR Default and has requested and attempted to arrange a conference with the CONTRACTOR and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the OWNER's right, if any, subsequently to declare a CONTRACTOR Default; and The OWNER has declared a CONTRACTOR Default and formally terminated the CONTRACTOR's right to complete the contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after the CONTRACTOR and the Surety have received notice as provided in Subparagraph 3.a; and The OWNER has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the OWNER. 4. When the OWNER has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: a. Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Construction Contract; or July 30, 1998 G :',WO\4411 B10\SPEC\00614.SPC.wpd 00612-2 4411B10 b. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the OWNER the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's Default; or d. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: (1) After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or (2) Deny liability in whole or in part and notify the OWNER citing reasons therefor. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in Subparagraph 4.d, and the OWNER refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. After the OWNER has terminated the CONTRACT©R's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.a, 4.b, or 4.c above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligation without duplication for: a. The responsibilities of the CONTRACTOR for correction of defective work and completion of the Construction Contract; Additional legal, design professional and delay costs resulting from the CONTRACTOR's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the CONTRACTOR. July 30, 1998 G:\WO\4411B10\SPEC\00614.SPC.wpd 00612-3 4411B10 10. 11. 12. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the OWNER or its heirs, executors, administrators, or successors. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after CONTRACTOR Default or within two years after the CONTRACTOR ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Notice to the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Definitions. Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the Construction Contract after all proper adjustments have been made, including allowance to the CONTRACTOR of any amounts received or to be received by the OWNER in settlement of insurance or other claims for damages to which the CONTRACTOR is entitled, reduced by all valid and proper payments made to or on behalf of the CONTRACTOR under the Construction Contract. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all the Contract Documents and changes thereto. c. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract or to perform and complete or comply with the other terms thereof. July 30, 1998 G:,WO\4411B10\SPEC\OO614.SPC.wpd 00612-4 4411B10 (FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT OR BROKER: OWNER'S REPRESENTATIVE: Phil Forker Anchor Insurance 1201 SW 12th Avenue, Suite 500 Portland, Oregon 97205 (503) 224-2500 Paula C. Brown, P.E. Public Works Director / City Engineer City Hall 20 East Main Street Ashland, Oregon 97520 (503) 488-5587 July 30, 1998 00612-5 4411B10 G:\WO\4411B10\SPEC\00614,SPC.wpd RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Gloria Bruning, Vicki L. Nicholson, John D. Klump, K.C. Kraig, James P. Dooney, Kenneth L. deLooze, Philip Forker, Gene Dietzman, Pamela S. Frazier, of Portland, Oregon their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE Vii ~ EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the Prostalent, the Chairman of the Board, any Senior Vice President. any Vice Prnsiden! or Assistant Vice Prmideot or other off'w~r designareal by the Board of Directors shall have power a~d authority to (a) appoint Attorncy(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances. contracts of inclenmiry and other writings obligatory in the nature thereof, and (b) to remo~c any such Attorncy(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority. subject to the terms and limitations of the Power of Atternay issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings recogniza~'~es, cont~ucts of indemnity and other writings obligatory in ~he nature thereof. 3. A~torney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This Power of Attorney i~ signed and scaled by facsimile under and by authority of lhe following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacifk: Insurance Company and Reliar~ce National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated ns of March 31. 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may b~ affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding uport the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this April 30, 1998. STATE OF Washington } COUNTY OF King } ss, RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, April 30, 1998, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. Nbtary Public in and~r the State of Washington ' Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY 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 is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ~ ~" day of j~.. year Of~L.. CITY OF ASHLAND C ITY HALL ASHLAND, OREGON 97520 NO TICE OF TRANSMITTAL TO: GREG SCOLES JILL TURNER E~RBARA CHRISTENSEN BOB NELSON DATE: PROJECT: JOB NO.: SUBJECT: AUGUST 14, 1998 WWTP PROCESS IMPROVEMENTS CONTRACT DOCUMENTS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Greg - Find one copy of the executed contract between the City of Ashland and Slayden Construction. Jill - Find one copy of the executed contract between the City of Ashland and Slayden Construction. Barbara - Find on original copy of the executed contract between the City of Ashland and Slayden Construction. Bob- Find one copy of the insurance and bond documents for your file. ENCLOSED UNDERSEPARATE COVER REMARKS: COPIES TO: Department of Public Works By: Paula Brown Title: Public Works Director / City Engineer (G:dawn\NOT Jim.wpd) City of Ashland Dcpartment of Finance and Administrative Services Jill Turner, Director October 15, 1998 Slayden Construction, Inc P.(). Box 625 Stayton, Or 97383 City Hall 20 East main Street Ashland, Oregon 97520 Phone (541) 488-5300 Fax (541) 488-5311 OCT 1 9 1998 Slayden Const. Inc. To ,lames G. Gustin, l'his letter is in response to your request for interest on retainage held by the City of Ashland. The City will account for retainage withheld from payment to Slayden Construction separately, calculating interest on a monthly basis at the rate of return of the City's other liquid investments. A copy of this accounting will be provided monthly. Please confirm your agreement to this process with a signature and return a copy of the signed letter to the City of Ashland in the enclosed envelope. Thank you advance for your prompt attention to this matter. If you have any additional questions, please call me at 541-552-2007. Sincerely, Cindy Hanks Account Clerk Slayden Construction (Date)