HomeMy WebLinkAbout2008-011 Contract - Johnny Cat
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this ~O-lN\.day of J~ 1t('1
("City") and Johnny Cat, Inc. "(Contractor .
, 2008, between the City of Ashland,
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the Interstate 5 Sanitary Sewer Construction. Contractor was awarded the bid
as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract,
the contract documents defined in the Advertisement for Bid and Contractor's bid, this contract
shall take precedence over the contract documents, which shall take precedence over the bid.
This contract and attached exhibits constitute the entire agreement between the parties. No
waiver, consent, or modification or change of terms of this contract 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 the specific instance and for the specific purpose given. There are no
understandings, agreements, or representations, oral or written, not specified herein regarding
this contract. Contractor, by signature of its authorized represent~tive, hereby acknowledges that
he/she has read this contract, understands it, and agrees to be bound by its terms and conditions.
2. Scope: Contractor shall begin and complete the project described in the contract
documents within the time prescribed in the contract documents. The following exceptions,
alterations, or modifications to the contract documents are incorporated into this contract:
3. Price & Pavrnent: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution
of the contract and prior to doing any work under the contract, furnish bonds to the City of
Ashland in a form and with a surety satisfactory to City in the penal sum of $87,406.00
conditioned upon the faithful payment and performance of this contract upon the part of the
Contractor as required by ORS 279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other daniages resulting from injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature
arising out of or incident to the performance of this contract by Contractor (including but not
limited to, Contractor's employees, agents, and others designated by Contractor to perform work
or services attendant to this contract.) Contractor shall not be held responsible for any losses,
expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and
approximately caused by the negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-15 Johnny Cat Construction Contract 1 OB.doc
6.1 General Liability. A comprehensive general liability policy including coverage
for contractual liability for obligations assumed under this Contract, blanket contractual liability,
products and completed operations, owner's and contractor's protective insurance and
comprehensive automobile liability including owned and non-owned automobiles. The liability
under each policy shall be a minimum of $1 ,000,000 per occurrence (combined single limit for
bodily injury and property damage claims) or $1,000,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage. Liability coverage shall be provided on an
"occurrence" not "claims" basis.
6.2 Worker's Compensation. Worker's compensation insurance in compliance with
ORS 656.017, which requires subject employers to provide Oregon workers' compensation
coverage for all their subject workers.
6.3 Automobile Liability. Automobile liability insurance with a combined single
limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and
Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
The City of Ashland, its officers, employees and agents shall be named as additional insureds on
each required insurance policy. Contractor shall submit certificates of insurance acceptable to the
City with the signed contract prior to the commencement of any work under this agreement.
These certificates shall contain provision that coverage afforded under the policies can not be
canceled and restrictive modifications cannot be made until at least 30 days prior written notice
has been given to City. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the
City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured
retentions and/or self-insurance.
7. Compliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State
of Oregon. Contractor shall promptly observe and comply with all present and future laws,
orders, regulations, rules and ordinances of federal, state, Cily and city governments with respect
to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520
and 279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs
work under this contract shall be paid at least time and a half pay for all overtime in excess of 40
hours in anyone week, except for persons who are excluded or exempt from overtime pay under
ORS 653.010 to 653.261 or under 29 V.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor
has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier
insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a
self-insured employer, Contractor shall provide City with a certification from the Oregon
Department of Insurance and Finance as evidence of Contractor's status.
7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or
relates to this contract shall be brought and conducted solely and exclusively within the Circuit
Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a
federal forum, then it shall be brought and conducted solely and exclusively within the United
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-15 Johnny Cat Construction Contract 1 OB.doc
States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by
signature herein of its authorized representative, hereby consents to the in personam jurisdiction
of said courts. In no event shall this section be construed as a waiver by City of any form of
defense or immunity, based on the Eleventh Amendment to the United States Constitution, or
otherwise, from any claim or from the jurisdiction.
8. Default: A default shall occur under any of the following circumstances:
8.1 If the Contractor fails to begin the work under contract within the time specified,
or fails to perform the work with sufficient workers or equipment or with sufficient materials to
insure the prompt completion of the project, or shall neglect or refuse to remove materials or
perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the
prosecution otthe work.
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any
act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor
unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of
creditors.
8.3 From any other cause whatsoever, shall not carry on the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any
license, certificate or certification that it required to perform the Services or to qualify as aQRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and
appropriate or use any or all of the materials and equipment on the ground that may be suitable
and acceptable and may cause a contract for the completion of this contract according to its terms
and provisions, or use such methods as required for the completion of the contract, in any
acceptable manner. All costs and charges incurred by the City together with the costs of
completing the work under the contract, shall be deducted from any money due or which shall
become due the Contractor. In case the expense so incurred by the City shall be less than the
sum which would have been payable under the contract if it had been completed by the
Contractor, then the Contractor shall be entitled to received the difference less any damages for
delay to which the City may be entitled. In case such expense shall exceed the sum which would
have been payable under the contract, the Contractor and the surety shall be liable and agree to
and shall pay the City the amount of the excess with damages for delay of performance, if any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual
consent of both parties.
10.2 City's Convenience. This contract may be terminated at any time by City
upon 30 days' notice in writing and delivered by certified mail or in person.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-15 Johnny Cat Construction Contract 1 OB.doc
10.3 For Cause. City may terminate or modify this contract, in whole or in part,
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:
a. If City funding from federal, state, county, or other sources is not obtained
and continued at levels sufficient to allow for the purchase of the indicated quantity of
servIces;
b. 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 contract or are no longer eligible for the funding proposed for
payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by
Contractor to provide the services required by this contract for any reason denied,
revoked, suspended, or not renewed.
10.4 For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a
breach of the contract by the other. Prior to such termination the party seeking
termination shall give to the other party written notice of the breach and intent to
terminate. If the party committing the breach has not entirely cured the breach within
15 days of the date of the notice, or within such other period as the party giving notice
may authorize or require, then the contract may be terminated at any time thereafter
by a written notice of termination by the party giving notice.
b. Time is of the essence for Contractor's performance of each and every
obligation and duty under this contract. City by written notice to Contractor of
default or breach, may at any time terminate the whole or any part of this contract if
Contractor fails to provide services called for by this contract within the time
specified herein or in any extension thereof.
c. The rights and remedies of City provided in this subsection (10.4) are not
exclusive and are in addition to any other rights and remedies provided by law or
under this contract.
10.5 Obli~ationlLiability of Parties: Termination or modification of this
contract pursuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any
obligations or liabilities or either party already accrued prior to such termination or modification.
However, upon receiving a notice of termination (regardless whether such notice is given
pursuant to subsections 10.1, 10.2, 10.3 and 10.4 of this section, Contractor shall immediately
ceased all activities under this contract, unless expressly directed otherwise by City in notice of
termination. Further, upon termination, Contractor shall deliver to City all contract documents,
information, works-in-progress and other property that are or would be deliverables had the
contract been completed. City shall pay Contractor for work performed prior to the termination
date if such work was performed in accordance with the Contract.
11. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year
budget. Contractor understands and agrees that City's payment of amounts under this contract
attributable to work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its
reasonable administrative discretion, to continue to make payments under this contract. In the
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-15 Johnny Cat Construction Contract 1 OB.doc
event City has insufficient appropriations, limitations or other expenditure authority, City may
terminate this contract without penalty or liability to City, effective upon the delivery of written
notice to Contractor, with no further liability to Contractor.
12. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent
(0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress
payment or 60 days from the date work first begins on the Contract, whichever comes first. The
fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to
the Bureau at the following address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870
pertaining to prevailing wage rates.
13. Living Wage Rates: If the amount of this contract is $17,342.00 or more, and
Contractor is not paying prevailing wage for the work, Contractor must comply with Chapter
3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all
employees performing work under this contract and to any subcontractor who performs 500/0 or
more of the work under this contract. Contractor must post the attached Living Wage - notice
predominantly in areas where it will be seen by all employees.
14. Assignment and Subcontracts: Contractor shall not assign this contract without the
written consent of City. Any attempted assignment without written consent of City shall be void.
Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors
and of all persons employed by them, and the approval by City of any assignment or subcontract
shall not create any contractual relation between the assignee or subcontractor and City.
Contractor may not substitute any subcontractors from the submitted list of First-Tier
Subcontractor Disclosure Form without written consent of the City, or by following the
procedures ofORS 279C.585 and OAR 137-049-0360.
15. Governing Law: Jurisdiction: Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of
laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim")
between the City (and/or any other or department of the State of Oregon) and the Contractor that
arises from or relates to this contract shall be brought and conducted solely and exclusively
within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must
be brought in a federal forum, then it shall be brought and conducted solely and exclusively
within the United States District Court for the District of Oregon filed in Jackson County,
Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to
the -in personam jurisdiction of said courts. In no event shall this section be construed as a
waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the
United States Constitution, or otherwise, from any claim or from the jurisdiction.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07 -15 Johnny Cat Construction Contract 1 08.doc
16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER,
CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT 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 THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL
OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT,
AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
16. Prior Approval Reauired: Approval of the City of Ashland Councilor Public Contracting
Officer is required before any work may begin under this contract.
II~c;'d
:~NT
,: .. Signature
tB 6"(J,/ T LA- r:J.k ~
.... ..' rin. ted Name
'.
Its:, -----
~,.
REVIEWED AS FO
BY!) - ,
Le.altepartment
CITY OF ASHLAND
By: ~..:h.. ~
Lee T~eb~g cr
Finance Director z-O ~ J//
te:
~1r/() r-"
,REVIEWED AS TO CONTENT:
By: ~~ ~
mes H. Olson Date:
epartment Head I / '3:C>! G6
Coding:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-15 Johnny Cat Construction Contract 1 08.doc
PROPOSAL
Mayor & City Council
Ashland, Oregon
The undersigned bidder declares that the bidder has received, read and understood all bid
documents; received, read and understood all addenda; the bidder has taken no exceptions other than
those clearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees)
for retaining a replacement bidder if the. undersigned bidder is awarded the contract but refuses to
sign the contract; the bidder has examined the plans and specifications, has visited the site, and made
such investigation as is necessary to determine the character of the materials and conditions to be
encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of
Ashland, Oregon for the construction of the proposed improvement in a form of contract contained
in the bid documents, will provide the necessary equipment, materials, tools, apparatus, and labor, in
accordance with the plans and specifications on file at the City Engineering Office, Ashland,
Oregon, under the following conditions:
1. It is understood that all the work will be performed under a lump sum or unit price basis
and that for the lump sum or unit price all services, materials, labor, equipment, and all work
necessary to complete the project in accordance with the plans and specifications shall be furnished
for the said lump sum or unit price named. It is understood that the quantities stated in connection
with the price schedule for the contract are approximate only and payment shall be made at the unit
prices named for the actual quantities incorporated in the completed work. If there shall be an
increase in the amount of work covered by the lump sum price, it shall be computed on a basis of
Uextra work" tor which an increase in payment will have been earned and if there be a decrease in
the lump sum payment, it shall be made only as a result of negotiation between the undersigned and
the Owner. Furthennore, it is understood that any estimate with respect to time, materials,
equipment, or service which may appear on the plans or in the specifications is for the sole purpose
of assisting the undersigned in checking the undersigned's own independent calculations and that at
no time shall the undersigned attempt ~o hold the Owner, the Engineer, or any other person, firm or
corporation responsible for any errors or omissions that may appear in any estimate.
2. The undersigned will furnish the bonds required by the specifications and comply with
all the laws of the Federal Government, State of Oregon, and the City of Ashland which are pertinent
to construction contracts of this nature even though such laws or municipal ordinances may not have
been quoted or referred to in these specitications.
3. All items for the contract for which forms are provided in the bid documents have been
completed in full by the showing of a lump sum price or prices tor each and every item and by the
showing of other infonnation indicated by the proposal form. The undersigned submits the unit
prices set forth as those at which the bidder will perform the work involved. . The extensions in the
column headed ""Total" are made up for the sole purpose of facilitating comparison of bids and if
there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern.
G: pub-wrks\eng\dept.admin\ENGINEER\PROJECT\2007\07.15 1.5 Sewer Construction Bid Document 12 07.doc
4. The undersigned agrees that the ""Time ofCompletionH shall be as defined in the
specitications and that the bidder \viIl complete the work \vithin the number of consecutive calendar
days stated for each schedule after ""Notice to Proceed'. has been issued by th~ O\\'ner.
Bidder furthermore agrees to pay as liquidated damages, for each calendar day thereafter,
the amounts sho\vn in Subsection 00180.50 of the Special Provisions, for each day the project
remains incomplete.
5. The .undersigned, as bidder, acknowledges that addenda(s) numbered -L through 2-
llave been received by the bidder and have been examined as part of the contract documents.
6. If the proposed bid price will exceed $50,000.00 the undersigned, as bidder"
acknowledges that provisions ofORS 279C.800 - 279C.870 relating to workers on public works to
be paid not less than prevailing rate of wage shall be included in the contract, or in the alternative, if
the project is to be funded with federal funds and is subject to the Davis-Bacon Act (40 V.S.C.
~276a) bidder agrees to comply with the Davis-Bacon Act requirements.
7. Instructions tor First-Tier Subcontractors Disclosure. Bidders are required to disclose
infonnation about certain first-tier subcontractors (those subcontractors contracting directly with the
bidder) when the contract price exceeds $75,000 (see ORS 279C.370). Specifically, when the
contract amount of a first-tier subcontractor is greater than or equal to: (i) 5% of the project bid, but
at least $15,000, or (ii) $350,000 regardless of the percentage, you must disclose the following
information about that subcontract within two working hours of bid closing:
7.1 The subcontractor's name and address;
7.2 The subcontractor's Construction Contractor Board registration number, if one is
required, and;
7.3 The subcontract dollar value.
If you will not be using any subcontractors that are subject to the above disclosure requirements, you
are required to indicate hNONE" on the form.
).
THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE
FORM WITH THIS INFORMATION WITHIN TWO HOURS OF BID CLOSING.
To detemline disclosure requirements, the. City recommends that you disclose subcontract
information for any subcontractor as follows:
I ) Determine the lowest possible contract price. That price will be the base bid amount less all
alternate deductive bid amounts (exclusive of any options that can only be exercised after
contract a\vard).
.2) Provide the required discl()sure intormation for any first-tier subcontractor \\'hose p()tential
~ontract services (i.e., subcontractor's base bid amount plus all alternate additive bid
amounts" exclusive of any options that can only be exercised after contract a\vard) are greater
than ()r equal to: (i) 5~/O of the lo\vest contract price, but at least $15,OO(), or (ii) $350~OOO
regardless of the percentage. Total all possible work for each subcontractor in tnaking this
determination (e.g... if a subcontractor \vilI provide $15,000 \vorth of services on the base bid
and $40"OO() on an additive alternate, then the potential alnount of subcontractor's services is
$55,~. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the
disclosure tor both the $15,000 services and the ($40,000 services).
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-15 1-5 Sewer Construction Bid Document 12 07.doc
rOJec o. .
UNIT I
NO DESCRIPTION CTY. UNIT PRICE AMOUNT I
(FIGURES) j
Mobilization and Traffic Control
Mobilization tf)r) cc
1 for Dollars Lump Sum $11. {)t!:Jo - $ [(I 000 - i
I
v Temporary Work Zone Traffic Control, Complete (1-5) I 0' · 00
2 for Dollars Lump Sum $q.;o- $ Cf;[D -
Erosion Control & Sediment Control (')C1J ~
3 for Dollars Lump Sum $t8Cb--$ ,Ben -
Pollution Control Plan 0f0 ~
4 for Dollars Lump Sum $ l::b~ l SD-
Roadwork
Removal of Structures and Obstructions ()tt) c~
5 for Dollars Lump Sum $l~$ l ~o-
I , ,
Clearing and Grubbing ex:; ~
6 for Dollars Lum~ Sum . $/f~-$ l J ~CO -
"
Tree Removal f!N:1 eX)
7 for Dollars 2 EA $Z~$ 50D__
_.. -
General Excavation $ q~ $ 2~L2.. ~
8 for Dollars 275 Cy
-- ... I ..t:'cC
Subgrade Geotextile . $ OB::. $ ~ "--
9 for Dollars 1075 SY
Utilities
16 Inch Ductile Iron Sanitary Sewer Pipe $~Z:S;: $ 2~ 9f.:l ~
10 for Dollars 287 IF
~
48 Inch Concrete Sanitary Sewer Manhole $'hcc~ $ ~c
11 for Dollars 1 EA 4 ~Ob -
I
Connect to Existing Sanitary Sewer Manhole $(/,,~ $ C)(.)
12 for Dollars 1 EA I, C: 5t- .--
Bypass Pumping Sanitary Sewer Manhole DJ' cC
13 for Dollars Lump Sum $4--ao- $ 4- oeD --
I Access Road
BID SCHEDULE
INTERSTATE 5 SANITARY SEWER CONSTRUCTION
P · t N 2007 15
I Precast Footings Installation Only
14 ! for Dollars
18 Inch Precast Prestressed Slabs Installation Only
i 15 I for Dollars
r-l
I ! Structure Excavation
! I
I 16 I for Dollars
Lum Sum
$15.>oce. $ I, 5:;ZJ~
DO elt!J
~h(jo$ ? (,00 -
I ;;, ~
~ ' ~
$1.500 $ ~ r5 00
Lurn Sum
Lurn
G:\,pub-wrks\eng\dept-admin,ENGINEER\PROJECT\2007\07 -15 1-5 Sewer Construction Bid Document 12 07.doc
NO
DESCRIPTION
Bridge Work .
Structural Steel Plate, Furnish and Install
17 for Dollars
Pressure Treated Rail, Furnish and Install
18 for Dollars
Bases
%" -0 Aggregate Base
19 for Dollars
Right-of-Way Development and Control
UNIT
QTY. UNIT PRICE
(FIGURES)
AMOUNT
$C .~ $ (:, ::;eo ~
/ cd / 00
$,2 03J$ Z 050 --
~
$(4--5- $ f
~
""}o -
Seedling Trees, Deciduous Bare Root
20 for Dollars 12 EA
14 Foot Single Gate
21 for Dollars EA
Removing and Rebuilding Fence
22 for Dollars 136 LF
BASE BID TOTAL
t:P
$ 180 - $ 2 Z-ZU -
I... ..
00
$Bsc- $
(X:)
Z/ ~ $ Z
eo
B::b-
5~~
<i~~
ah(? C'3 J.-> oe e
--- > L(~
eA!,(lD~ 1/../ T"T4G
6
c.oJ!..1l.. 411/7. 87, ~,tJD
)v
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECr\2007\07 -15 1-5 Sewer Construction Bid Document 12 07.doc
The City reserves the right to reject any and all bids, \vaive fonnalities.. or accept any bid \vhich
appears to serve the best interests of the City in accordance \vith ORS 2798.100.
The foregoing prices shall include all labor, materials, equipment, overhead" profit, insurance, and
all other incidental expense~ to cover the tinished work of the several kinds called for. Unit prices
are to be shown in both \vords and figures. In case of discrepancy, the amounts shown in words will
govern.
Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract
attached \vithin ten days, deliver surety bond or bonds as required, and deliver required proof of
insurance. The bid security attached in the sum of five percent of the total price tor the bid or
combination of bids is to become the property of the Owner in the event the contract and bond are
not executed within the time above set forth as liquidated damages for the delay and additional
expense to the Owner caused thereby.
The Bidder is ~ or is not
a resident Bidder as defined in ORS 279A.120.
JcM^,N-( <A~ \^'C-
Finn Name of Bid er
i ature 0 idder
~J~~
rinted ~ame ofBid~__
r_~,.~ -!
~tle -
_o~ OrJ
State of In orporatlon
II \ 04--~
CCB Number
Dated this
day of' ~N 1/4 ~ '1" 2008.
Name of Bidder If/c:...-.
Address ~<9 ?awPtRL~ J>.
~4eri~. ;I L C;1-~3CJ
Tdephone No. 17{-1. m 9. 44 9 f
G:"'pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07 -15 1-5 Sewer Construction Sid Document 12 07.doc
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN
INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED.
This is to Certify that
Libe~
Northwest~
Member of Uberty ~lutllal Group
JOHNNY CAT, INC.
PO BOX 89
JACKSONVILLE OR 97530-0089
11.1..1...1.1.1...11.11...11...11...1..1.1.1..1..1.1.1....1.11
Liberty Centre
650 NE Holladay Street
PO Box 4555
Portland, OR 97208-4555
Tel: 503 239 5800
\N\N\N.libertynorthwest.com
is, at the date of the certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies)
is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other
document with respect to which this certificate may be issued.
TYPE OF POLICY
EXPIRATION
DATE
POLICY NUMBER
LIMITS OF LIABILITY
ua 6'g:~~~~TION
COVERAGE AFFORDED UNDER W.C. lAW
OF FOllOWING STATES:
OR
COVERAGE AFFORDED UNDER W.C. lAW
OF FOllOWING STATES:
1/01/2009 WC4-1NC-0 15519
EMPLOYERS LIABILITY LIMITS
EMPLOYERS LIABILITY LIMITS
Each Accident
$500 ,000 Each Accident
$ 5 0 0 , 000 Disease - policy limit
$ 5 0 0 , 0 0 0 Disease - each employee
Disease - policy limit
Disease - each employee
MARITIME COVERAGE - FOllOWING STATES:
LIMIT OF L1AB. - MARITIME COVERAGE
GENERAL LIABILITY
General Aggregate
Owner's and Contractors
Protective
Personal & Advertising Injury
Each Occurrence
Fire Damage (Anyone fire)
Medical Expense (Anyone person)
$
$
$
$
$
$
D Commercial General
Liability (Occurrence)
D
Products Comp/Ops Aggregate
AUTOMOBilE LIABILITY
D Any Auto
D All ONned Autos
D Scheduled Autos
D Hired Autos
D Non-owned Autos
D Garage Liability
CSl
Bodily Injury (Per Person)
Bodily Injury (Per Accident)
Property Damage
$
$
$
$
lOCA TION(S) OF OPERATIONS & JOB # (IF APPLICABLE)
DESCRIPTION OF OPERATIONS
1-5 EAGLE MILL
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, OR
REPRESENTATIVES.
MAILED TO:
CITY OF ASHLAND & ODAT
JAMES OLSEN-ENGINEERING
20 E MAIN ST
ASHLAND OR 97520-1850
11.1..1...1.1.1..11.111......111..1..1.1.11.1.111.11.11..1.111
?~C~
AUTHORIZED REPRESENT IVE
EFS at 1/2Q/2008
DATE ISSUED
MEDFORD
OFFICE
CERTIFA
Sl'Al'l: OF OREGON
STATIJTORY PUBIJIC W(lRKS B(lNI)
Surety bond #: 741 085C
CC.B # (if applicable): 111043
We~ Johnny Cat, Inc. , as pr.inci.pal, and
Indemnity CamDanv of california , a corporation qualified ~tnd authorized to do
business 11l the Stat.e of Oregon, as sur~ty, an~ helli and firmly bound unto the State of f)y-egon for th~ use and benefit of the Oregon
-Bureau of-Labor and lndusn-ies (BOLl) in the sum of [hirty thousand dollars ($30!)OOO) lawful money of the United States of :\melica
to be pald ~H; provlded 10 ORS chaptel' 279C, as amended by Oregon l~\vs 2005~ (:hapter 360, for which payment well and truly to be
111ade, we biud ours~l\"es~ our heirs, personal representatives, SUccessors and assigns., jointly and severally~ tirnlly by this agr~t~nlent.
\\7}-{EREAS, the abovc-nalncd principal ~'ishcs to be eligible to \vork on public works projcct(s) 5Ul:jcct to the provisions of ORS chapter
279C.. as a1llcndcd by Orcgol1 Laws 2005., chapter 360., and is~ thcrcforc~ rClIWrcd to obtain and tile a statutory public works bond ill
th~ penal ~"llm of$30,O()() with good and suftlL:ient sur~ty as requireJ pursuant to the I'royisi{)n~ of section 2, chapt~r 360, On~gon IAlWS
2005, condi tloncd as hereill St-t forth.
NOW, THEREF()RE, the conditions of the foregoing obligations are that jf said principal ,,,~i[h regard Lo all \vork dnne by the principal
as a contracLor 01" subconiracLor 011 public \\'orks project(s)., shall pay all claln15 ordered by BOLl against Lhe principallo w(1rkers
pcrionnrn.g labor upon public \.vorks projects tor unpr'lid ~'agcs dctClnlincd to be due,! in accordance \.vith ORS chapter 27lJC") as alllcndcd
by Oregon L.a\v~ 20U5.. chapter 360~ and OAR Chapter H391 then thi~ obligation shall be void~ othcrVli~L: to rCluain in full force and eftect.
This bond is ft)r the exclusive PUll_"Jose of paynlcl,t of \vage claims ordet'cd by Bt1Ll to '\\~orkers pert(llming labor upon public \vo1'ks
projects in accordance \\ith ORS chapter 2i9C~ as al11ended by Oreg'on L,aws 2005, chapter 360.
This bond shall be one continuing obligation, and the liability of Lhe sw'ety for the 'lggregat.e of any and all claims whicb nUlY arise
hereunder shall in no event exceed the aJ.uount OfUIC penalty of this bond.
This bond shall becoIllt: ~ffectiv~ 011 th~ uatt: it 15 ~x~cut~<.1 by both the p1it\cipal ant! surety and shall contirluou.sly r~Jnain ill eff~ct until
depleted by c.JalmH llaid under ORS chapter 279C, as amended by Oregon Laws 2005, chapler 360, unless the Hurety soonel' cancels [he
bond. This bOl1d may be cal1(~elled by the SllrelY a'1d the sUTety be relieved of further 1 iabil1 ty for \vork pe1f(lmled 011 contracts clltL~.ed
after cancellation by giving 30 days' '''Tittel111otice 10 dle principal, the COl1.."iuuction C011tractors Board, and BOLL Cancellation 5hall
not lil1Ut tbe responsibility of the surety for the paylnenl of clainlS o.-t.leJ:ed by BOLl relating to '....ork prefocnled dU1ing the ,\\'otk period
of a contlact entered into before cancellation of this bond.
TN \\1TNESS \\TJ.IEREOF~ th~ principal clnt! surt;ty ~XCi:utc: this Clb,rfCCmCltt. Tht; suri:ty fully authorizes its n:pri:st:ntativcs in tht= Stat;:
of Oregon [0 t":'JHer into this obligation.
SIGNED~ Sf.J\LEIJ .l\.NI) .DI\TEIJ [his 22ND
day of March
~ 20 06
Surety by:
Principal by:
Indemnity Company of California
(~()nipf.lny .:'~/atll(;'
(Seal)
Sig;Hailln:
Attornev-In- Fact
Tillt? (e.g. AtluJ'ney-in-}t.lL't)
:.:::::::~:.~I::;:.~I.::~.:~:::::.~:t~~:~: ::::::1t\~:::::::::::~:I_~.~e~::!H!S~,m:::.fl~::.::
. .'.:;:::::::::<:>::POrJL)x:=:=1.414b<<:::;:::;::> >:\\:;>><:::\:::: ::: <::::::;:::: .
'''' '^^ ^,!::'!;;m::'.~.i:.i..4~.~:.:).' ,^'
..... :.:.:.:.:.:~.:.: .:.;:;:;;:;:;:;:;:;:;:;:;:;::;:;:;:;;:;.::; ::~~:~~~:l:::::::::~:~tt:.:::::::::j\J~:~f::'::::::~I~':::~::~'.:;'::':::_t:~:::16:tijr:\~a:B.~1::.:::~@:~~
fldd,'es .\~
Jacksonville. OR 97530
("'ity
Stille
Zip
LIMTTED PO\VI:R OF ATTORNEY 'FOR
DEv"ELOPERS SUR'ET\l l\ND TNDEl\tNIT\Y COMPA'N\Y
INDEMNrr\:F (~O^,1P.L<\NY OF" C..~Llf"ORNl.~
PO BOX 19725.. IRVINE, CA 92623 (94'J) 263-3300
KNO\V ALL i\iEN BY Tf-IE~E PRESENT~~ that LXCr-pt a~ ~xprc:o;:-\ly l1mi(~d., DE.VEL()PEI~S. ~URETY AND INDEl\'fNfTY COMPANY and )KDE~,{NIT"f
COMr_,\NY OF C,ALIFORNL\.. uo ~ac.b :ieva:rally.. but nOljfJ1DtLy. bt:n:by LnakC'l w1Uititu1~ and appoint: KRISTEN SHERMAN
AUTHORITY LIMITED TO: BOND NUMBER 741085C
BOND AMOUNT $30,000.00
~ 1.11C lru~ and lo:".vful J\ltO&'r11:y(~)-ir,-,Fact. lo rnul<~: execute, deliver and nc'knowh.:dge~ lar and on bdlnlr or~ajd "':ofpomLiotl5 as ~un.:tics, bonds, undertakings and
i:untrcll:.r.'; t,f sllrety~hip gi\'ing al)d grmtting unr,n ~ilid Atr,nml.,y\~)-irt-FCli~l full power ilnd muhority to do :lnd tt) p~ffn!ln ~ve"y aer net'.t:~~ary, reqllj:':'lt~~ or f'r[)p~~r t,'1
b~ d0l1t: ill COIJUectloll then:vdth as each of :i.aid corporations couJd do. but reserving to ea~h of said corpuratioo:i iull power of substltUUOll anti n:vOl:,;:u.iVll. anti all
or Lhc acls 01' said ALtorncy{s)-in-Facl, pUl'suanllo lh~c prc!JcIlLs, arc hereby ra.t.i Ikd and cOlli.rmcd.
Thl!; Power of AtlOrll~)' is granted and i; :;ig.ned by facsinliLe lmtier and by authurity IJf th~ follo\\~il1g ft::;olu1iml~ ad.opt~d by the re~pec.ti\'e Board of Direi:torl!i of
nFVFT.Opr.RS SlJRF.TY AND TNTlr.Ml\.7(V C01\fPANY anli TNDF1\fNTTV CO"\tfPANY or CAfJPORN1A. cfl_:ctivc as of~ovcrnbcr 1, 200U:
RESOLV ED. thi\t thaz Chilit'JrulIl uf tilt: Board, Ult: Prt:~itl~nt and illl)' Vim= _Pn~~ili~t of th~ ~;orpuriltiDn b;:;? arid tll.\t cmdl of tht:ln ht::l'~by i:.:., clutbori2t:ti to
cXt:cute POW~lS of.Attouley'l qual(1)'j,ng the attol'J'Jey{s) l1amed in the PO\\'ttS of .~tl(Jllley to ~xe'-l1te. 011 behalf oftlle COJ~)(IJ'ati(J.ns. boud.i. WUk11ak.illgS and C011t1a(;.ts
or hurclyshlp; ilnd lhallhc SCCTCtUl)' or any /\bslslnnt SccrCLary of the corporations hc,. and each of l.hcnl hereby 1~. authorized to allchl (he cxccuLlon 0:' any such
Pn\V~t of ,A.tti'l11U:-Y;
RESOL'VEf)1 FURTHER, that th;;,: signatures of s\.ach oITIGi~~I'S may b~ an"j,,;,;d to llny ~Lldl POW;;':I" or Aa()rn~"Y 01' LO uny c~.,ti rical;,; rdUling th~rdo by
fdc~lmi1{., alld ~'1y ~-ut:h Plnver ;)f Att0111CY llT cc:rdfkate h-:aritlg ~uch fu.~similt: ~lgllann'e~ ~han he valid and hillding upon rhe cmpOratll)Tl ....vhcn ~fl ;lffi:x~d lind in
the futun.:: \vith 1'~5pt;;d to tlny brJl1l1, unde(t(\khlg or ljOutnH:t of 6Ul~ty8bip to whidl it.is attcldll;lL
IN \tV1TNESS ~'llEREOF" DEVELOPERS StJRETY ..'\ND lNDE1v1NITY CO!\.1PANY ~md TNDEI'\'fN1T'l C~)1\{P,'\NY OF CALIFORNIA huvc severally cuu~cd
the~t; pn.-:~nr,,;;, Lo b~ ~jgtlt:LI. by tlH:lrrt;:-:;pt:t~tivt: E:xef:urivt: VIL:C Pn::-:;illetlt and .l(tt:~tcJ. by [heir rt::-;rH:d1'''::: S:::,,:retary [hi::, l,:,r day of Dcl:t:mher, '2005,
By: ________________________________________________________________________________________________________________
\Valler Ao LI-/JWelJ, Sc::crclary
,"111"11. .,"
~...,'\"~ "N D i.1'~,,~,~
~....~ ~ "......,...01.... ...! ,,~.,~
$~ .......Q'"-~ O~;I... ~ ~
i~ l (.j ~~\~\
= ~ : OCT. : --< :.
5 ~ ! 10 !" ~
\ ~ \. 1 936 i~ j
":."\ ~...... lOW"" ........~"O ~~
~.,#,~O ..,..........,.,... .....~.....'~
'.I4'II'f.U,,'t!: Rl"ll'~'~'
COlJ"""NTY OF ORANGE
]
STATE OF CALIFORNIA
On 1)L:L:L:111bL:J' 1, 1110~: l,,~f()rL: nlC, Gilla 1., Ganler, NotaJy Public (hi.:ll:: insc11 UaR1L: aUti titlL: ofthL: offJ~L:r), pL:fsonally appL:an:tt Davitt H, RJ1(K.ks and
Walt;:l A. Clo\'.:dl. p;:rsouaHy knOWL1 to lUt: tOf proved to file OIl the basis of satisfactory t:VitlC:Ll~~) to b~ tht: petlion(:i) wnos\: 113L'l'l3:(S) is/ar\: subs;;ril.J\:d to the within
instJ1JJl1J:1lt aud :U:kl1o'wLatgcd to lDt: that. h;:;!sb.i::;1hcy executed the: sa.ne ill .l1islh\::!"tl1eil' auth(lrizelt ~apacity{it..'S)., a.lllt that. by his/h;:;l'ilhcir 5ignatun:(s) on th~ LnSUUnlalt
tbe p~l'son{ s)~ or th~ ~nf.iry upou bt;;half of \'lohkh th~ person{ s) act~d. eXt:cuted th~ .i::.1StJ.-Ul11~L1r.,
Siguat!
(SE1-\L)
CI!~RTl}'] C.ATE
Th~ unJ~r~lgn~~ U~ A~~l~tunt S~L-r~tmy, i-rfDEVEL()PERS SURETY AND rKDETvfNIT)' C01\fPANY and rNDEft.lN[TY COl\fPANY (If CALIFORNLA.,
dOt:;; 111::reby i:~rti1=Y tb.al the fOl't::going P<.tw.:r of Att()lUCY l'cLnail1s in full fori:e and. has 110t betn r~()kt:t.I, ant! furtht:rmore. that tha:: provj~iol1s of tilt: resolutions of
the r\~~pcdi\'c Roards orOircclors orsaid corpDrallonb ~cL lonh in the Po\\'cr or AUurtICY, a.rc in lot'ec as orlhc di:lL~ ofthi:s l'crlilicalc.
Thi; Ccrtifit.:afe i~ exc!.:utei.lin th~ City oflt'vi.n~. CCllifornia~ the22ND day cf March
2006
Ry
Albert lIillcbl"o.nd, AssislIlnl SccrcUll'Y
In- 13~ I (Rev, I :2/05)
FEB-01-2008 08:26 From:
To: 5414886006
P.1/1
CERTIFIC.A TTONS OF REPRESENTATION
Contractor, under penalty of perj ury, certifies that: ~ """"-l ~ l [ ,../<:.--
(a) The nunlber shown on this forlll is its correct taxpayer TO (<'IT is waiting for the nunlber t() be issued
to it; and ~ ~ - \ (B tf q 2-
~7""'fT t:J ~
(b) Conlractor is not subjet.1 to backup withholding because (i) it is exempt from backup withholding
or (il) it has not been notified by thc Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (iii) lhe IRS has notified it that
it is no longer subject to backup withholding. Contraclc)r further represents and warrants l() City that
(a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed
&lId delivered, shall be a valid WId binding obligation llf Contractor enforceable in accordance with its
terms, and
(c) Ihc work under the Contract shall be performed in accordance with tile high~'it professional
standards, and
(d) Contractor is qualifiedt professionally competent and duly licensed tt"} perform the work. Contractor
also certifies under penalty of pe1jury lhat its bu.~in.ess is not in violation of any Oregon tax laws, and it
is a corporation authorized to act on behalf of the entity designated above. and authorized to do
business in OregOJl or is all independent contractor as defmed in the contract dOCW11ents, and has
checked four or more of the following criteria:
-A- (1) I c~ out the la~r or services a! a l~tion ~arate from my residence or is in a specific
p6rtion of my rcsldcllCC, set 89lde as tlle locatlO!l of the bUSIness.
V (2) Commercial advertising or business cards or a tradc assot.-iation membership are purchased
~business.
~ (3) Telephone listing is used. for the business separate from the personal residence listing.
~ (4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services arc performed for two or more different persons within a period of one
I (6) I assume financial responsibility for defective worlanansllip or for sLTVice not provided as
idcnccd by the ownership of pcrfonnancc bond~, warrdnties, errors and onlissioll insurance or
)tability insurance relating to the labor or services to be provided.
/-;2~-tJ f
, Date
G:\pub-wrb\ens'dc:pt-admin\ENGINEER\PROJECT\2007\07-1 S Johhny Cat Contract Dnc.4i I OS.doc
Bond Number: 58646747
Page 18
PERFORMANCE BOND
Th d · ed. Johnny Cat Inc, PO Box 89, Jacksonville, OR 97530
e un erslgn , as principal,
further referred to in this bond as Contractor, and Western Surety Company , as surety,
further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as
obligee, further referred to in this bond as City, in the sum of Eighty Seven Thousand Four Hundred Six
Dollars ($ 87,406.00 ).
Contractor and City have entered into a written contract dated January 25, 2008 ,
tor the following project: Interstate 5 Sanitary Sewer Construction. This contract is further referred
to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans,
specifications and conditions of the contract within the time prescribed by the
Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is
null and void; otherwise it shall remain in full force and effect.
2. If 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.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-15 1.5 Sewer Construction Bid Document 12 07.doc
Page 19
7. The bond number and the name, address, and telephone number of the agent
authorized to receive notices concerning this bond are as follows.
Bond Number: 58646747
Bond Agent: Barbara Pinkham, JBL&K Risk Services, LLC
Address: 707 Murphy Road
Medford, OR 97504
Telephone:
541-772-1111
SIGNED this
28th
day of January
2008.
WITNESS:
(Corporate Seal)
CONTRACTOR:
By:
Ti tie:
Legal Address:
:Jacksonville, OR 97530
Attest:
Corporate Secretary
WITNESS:
(Corporate Seal)
SURETY :
By:
Title:
Legal Address:
Western Surety Company
-::>>L.;~ ~
Susan Wilson
Attorney-in-fact
707 Murphy Road
r
G:\pub-wrks\eng\dep\-admin\ENGtNEER\PROJECn2007\07..15 1-5 Sewer Construction Bid Document 12 07.doc
Bond Number: 58646747
Page 20
PAYMENT BOND
Johnny Cat Inc, PO box 89, Jacksonville, OR 97530
The undersigned .. as principal,
further reterred to in this bond as Contractor, and Western Surety Company , as surety,
further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as
obligee, further referred to in this bond as City, in the sum of Eighty Seven Thousand Four Hundred Six
Dollars ($ 87,406.00 ).
Contractor and City have entered into a written contract dated January 25, 2008 ,
for the following project: Interstate 5 Sanitary Sewer Construction. This contract is further referred
to in this bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the time prescribed by the Contract,
and promptly makes payment to all claimants, as defined in ORS 279C.600 through
279C.620, then this obligation is null and void; otherwise it shall remain in full force and
effect.
2. If 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.
3. This bond is subject to claims under ORS 279C.600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors., administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
G:\pub-wrks\eng\depl-admin\ENGI NEE R\PROJE CT\200 7\07 .15 1-5 Sewer Consb'uction Bid Document 12 07.doc
Page 21
7. The bond number and the name, address, and telephone number of the agent authorized
to receive notices concerning this bond are as follows:
Bond Number:
58646747
Bond Agent:
Address:
Barbara Pinkham, JBL&K Risk Services, LLC
707 Murphy Road
Medford, OR 97504
Telephone:
541-772-1111
day of January
2008.
SIGNED this 28th
Attest:
WITNESS:
(Corporate Seal)
CONTRACTOR:
By:
Title:
Legal Address:
WITNESS:
(Corporate Seal)
SURETY: Western Surety Company
By: 5~" k~ Susan Wilson
Title: Attorney-in-fact
Legal Address: 707 Murphy Road
dford, OR 97504
G:\pub-wrks\eng\dept-adm in\ENGINE E R\PROJEC1\200 7\07 -15 ).5 Sewer Construction Bid Document 12 07.doc
Western Surety Company
POWER OF ATTORNEY 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 Fans, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
James R Cox, Barbara Pinkham, Phyllis Hite, Susan Wilson, Individually
of Medford, OR, its true and lawful Attorney(s)-in-Fact with fun 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 Senior Vice President and its corporate seal to
be hereto affixed on this 11 th day of May, 2007.
~\"""...,~
~+'~~~!:~.!.!" ~~'~
$~T"., ... 0",
!~/o..'OIl~;\\\
1=\<1 tftj=;
$,\\ ~~ A" /~i
\ .rn:.~. ....:...'1",
',~*
WESTERN SURETY COMPANY
~if~niorVice President
State of South Dakota
County of Minnehaha
} ss
On this 11th day of May, 2007, 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 Fans, State of South Dakota; that he is the Senior 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.
November 30, 2012
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL ~
I I
:~NOTARY PUBLIC~:
I SOUTH DAKOTA~I
I I
+~~~~~~~~~~~~~~~~~~~~~~~+
~
~ryPUbliC
My commission expires
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 printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
nlY name and affixed the seal of the said corporation this 28th day of ,-Tanuarv 2008
WESTERN SURETY COMPANY
g.
~~
L. Nelson, Assistant Secretary
Form F4280-09-06
ACORDm
PRODUCER (541) 772-1111 FAX:
JBL&K Insurance Agency
707 Murphy Rd
(541)772-3785
CERTIFICATE OF LIABILITY INSURANCE I ~iT2kMi'2g/08Y)
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.
Medford
INSURED
Johnny Cat, Inc.
PO Box 89
OR 97504
INSURERS AFFORDING COVERAGE
INSURER A: North Pacific Insurance
INSURER B: Indemni ty Company of CA
NAIC #
23892
INSURER c:
Jacksonville
INSURER D:
INSURER E:
OR 97530
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDIl10N 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 CONDIl10NS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~:: ~~~~ TYPE OF INSURANCE POLICY NUMBER Pt?}~~1~~~gg/RV:= ~~I.fJ(~t.t~C;~tgN LIMITS
A
GENERAL LIABILITY
f---
X COMMERCIAL GENERAL LIABILITY
=~ CLAIMS MADE ~ OCCUR C02165696
3/5/2007
3/5/2008
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES lEa occurrence)
MED EXP (Anyone person)
$
$
$
$
$
PRODUCTS - COMP/OP AGG $
PERSONAL & ADV INJURY
GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER:
----, r::-1 PRO- n
I POLICY I X I JECT LOC
AUTOMOBILE LIABILITY
-
...!.. ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
A
3/5/2007
3/5/2008
BODILY INJURY
(Per person)
C02~6!5696
ALL OVVN~U AU I 0::>
SCHEDULED AUTOS
HIRED AUTOS
BODILY INJURY
(Per accident)
NON-O\t\1NED AUTOS
PROPERTY DAMAG E
(Per accident)
A
GARAGE LIABILITY
R ANY AUTO
EXCESS/UMBRELLA LIABILITY
~ OCCUR D CLAIMS MADE C02165696
AUTO ONLY - EA ACCIDENT $
OTHER THAN
AUTO ONLY:
EA ACC $
$
$
$
$
$
AGG
3/5/2007
3/5/2008
EACH OCCURRENCE
AGGREGATE
B
R DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER BOLl BOND
PREVAILING WAGE BOND
$
I \NC STATU- I IOlRH-
JKY IMI ti 1::.1
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
3/22/2008
3/22/2007
741085C
1,000,000
100,000
5,000
1,000,000
2,000,000
2,000,000
1,000,000
2,000,000
2,000,000
$
30,000
DESCRIPTION OF OPERA TIONS/LOCA TIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: 1-5 Sanitary Sewer Construction Project No. 2007-15. Certificate holder included as additional insured per
attached endorsement LGL40320705 where required by contract. Subject to policy terms, conditions and exclusions.
CERTIFICA TE HOLDER
CANCELLATION
City of Ashland and ODOT, its officers,
employees and agents.
James Olsen - Engineering
20 East Main street
Ashland, OR 97520
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Kimberly
~7~
/
ACORD 25 (2001/08)
INS025 (0108).08a
~
@ ACORD CORPORATION 1988
Page 1 of 2
IMPORT ANT
If the certificate holder is an ADDITIONAL INSURED: the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement( s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract betvveen the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
INS025 (0108).08a
Page 2 of 2
BLANKET ADDITIONAL INSUREDS - CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. A. Section II - Who Is An Insured is amended to include as an insured the following:
1. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement that such person or organization be
added as an additional insured on your policy. Such person or organization is an additional insured
only with respect to liability caused in whole or in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf;
In the performance of your ongoing operations performed for that additional insured. A person's or
organization's status as an insured under this endorsement ends when your operations for that
add itional insu red are completed.
2. Any person or organization from whom you lease a premises when you and such person or
organization have agreed in writing in a contract or agreement that such person or organization be
added as an additional insured on your policy. Such person or organization is an insured only with
respect to liability caused in whole or in part by your ownership, maintenance, or use of that part of
the premises leased to you by such person or organization. A person's or organization's status as
an insured under this endorsement ends when their contract or agreement with you for such leased
premises ends.
3. The architects, engineers or surveyors, while not engaged by you, that are contractually required to
be added as an additional insured to your policy, but only with respect to liability caused in whole or
in part by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf;
In the performance of your ongoing operations performed by you or on your behalf.
B. With respect to the insurance afforded these additional insureds, the following additional exclusions
apply:
1. The insurance afforded under Paragraph 1.A.i. and 1.A.3. of this endorsement does not apply to:
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of,
or the failure to render, any professional architectural, engineering or surveying services, including:
A. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders, drawings, designs or specifications: and
B. Supervisory, inspection, architectural or engineering activities.
2. The insurance afforded under Paragraph 1.A.2. of this endorsement does not apply:
A. To any "occurrence" which takes place after you cease to be a tenant in that premises;
B. To structural alterations, new construction or demolition operations performed by or on behalf of
the person or organization from whom you lease the premises.
LGL 40 32 07 05
Contains ISO copyrighted material, with its permission
Copyright, Insurance Services Office, Inc., 2004
C 841 00
CITY RECORDER
Page 1 / 1
CITY Of
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
2fl/2008
08106
VENDOR: 001768
JOHNNY CAT
POBOX 89
670 POWDERHORN DRIVE
JACKSONVillE, OR 97530
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
Req. No.:.
Dept.: PUBLIC WORKS
Contact: Jim Olson
Confirming? No
1-5 Sanitary Sewer Construction Proiect
Connection to the 1-5 port of entry
facilities
87,406.00
Bid
Date of aQreement: January 30, 2008
BeQinninQ date: February 1 , 2008
Completion date: April 30, 2008
Insurance reQuired/On File
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
E 675.08.17.00.70410
E 675.08.38.00.70410
~ ~ArlSla~Z: f>
VENDOR COpy
CITY OF
ASHLAND
REQUISITION
No. PW - FY 2008
Department Public Works
Vendor JOHNNY CAT INCORPORATED
PO BOX 891 / 670 POWDER HORN R
JACKSONVILLE OR 97530
Account No. 675.08.17.00.704100
675.08.38.00.704100
Date February 7,2008
Requested Delivery Date ASAP
Deliver To JAMES OLSON
Via DAWN LAMB
25% (* Note: Please allow approximately two(2) weeks for delivery on items DOt
75%
generally caried in stored, and approximately two (2) months on printing jobs.)
1-5 Sanitary Sewer Construction Project
Connection to the 1-5 port of entry facilities
Use of Purchasing Office C >nly
Unit Price Total Price PO No
$87,406 00
Item No Quantity
Unit Description
for'K.ari:'
~ltllJ~'l:~;~~: ~ID
OP~~:~~t,iOate:.......". . ..:............l~R~~:
..rOi~~I%;~~l!~i{~;
:emj~;:Ng;., '.1,I~At~,,:\
Job No.
Unit No.
I hereby certify that the above items are necessary for the operation
of this department and are budgeted
Issued By
Date
Received By
,.,
G:\pub-wrks\eng\dept-admin\ENGI NEER\PROJ ECn2007\07 -15 Johnny Cat 15 Sewer Req 01 08.xls