HomeMy WebLinkAbout2008-119 Contract - Knife River Materials
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
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Contract made this ~.(,) day of May, 2008, between the City of
Ashland, ("City") and L TM, Inc. "(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid
issued by City for the East Main Street Railroad Crossing Project, Project Number 2005-015A.
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
representative, 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 & Payment: 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 $122,902.00
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 damages 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.
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6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
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, City 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 D.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
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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
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 of the 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 Prom 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 a QRF;
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.
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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.
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
servlces;
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 Obligation/Liability 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
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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
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 50% 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. Asshmment 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
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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.
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 Anoroval Reauired: Approval of the City of Ashland Council or Public Contracting
Officer is required before any work may begin under this contract.
CONTRACTOR
By: ~~L
Signature
CITY OF ASHLAND
By: ~.;!.~.~ 6ft.3/~
Lee Tuneberg
Finance Director
PrinlfEV!tevs
VICE PRESlDENTJGENERAL MANAGER
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By:
Its:
Address:
Coding:
(For City use only)
f2:t7. ~ & ~ "9 c;? ~/
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CERTIFICATIONS OF REPRESENT A TION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this fonn is its correct taxpayer ID (or the Contactor is waiting for the
number to be issued to it); and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup
withholding or (ii) it has not been notified by the 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) the IRS
has notified it that it is no longer subject to backup withholding.
Contractor further represents and warrants to the City that (a) it has the power and authority to
enter into and perfonn the work; and
(b) The Contract, when executed and delivered, shall be a valid and binding obligation of
Contractor enforceable in accordance with its tenns; and
( c) The work under the Contract shall be perfonned in accordance with the highest professional
standards; and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work.
Contractor also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, and is a corporation authorized to act on behalf of the entity designated above
and authorized to do business in Oregon or is an independent contractor as defined in the
contract documents, and has checked four or more of the following criteria:
(1) I carry out the labor or services at a location separate from my residence or in a
specific portion of my residence, set aside as the location of the business.
-L (2) Commercial advertising or business cards or a trade association membership are
purchased for the 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.
.-L (5) Labor or services are performed for two or more different persons within a period of
one year
~ (6) I assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liabily.iusJlrance relating to the labor or services to be provided.
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Contractor
Date
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Taxpayer ID
East Main St. RR Crossing
March 3. 2008
16
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LTM INC.
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 "extra work" for 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. Furthermore, 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 to 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 specifications.
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 for each and every item and
by the showing of other information 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.
East Main St. RR Crossing
March 3. 2008
4
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4. The undersigned agrees that the "Time of Completion" shall be as defined in the
specifications and that the bidder will complete the work within the number of consecutive
calendar days stated for each schedule after "Notice to Proceed" has been issued by the Owner.
Bidder furthermore agrees to pay as liquidated damages, for each calendar day
thereafter, the amounts shown in Subsection 00180.50 of the Special Provisions, for each day the
project remains incomplete.
5. The undersigned, as Bidder, acknowledges that addendum (addenda) numbered ~
through ~ have been received by the bidder and have been examined as part of the
contract documents.
6. The undersigned, as Bidder, acknowledges that provisions of ORS 279C.800 relating
to workers on public works to be paid not less than prevailing rate of wage shall be included in
the contract.
7. Instructions for First-Tier Subcontractors Disclosure. Bidders are required to disclose
information 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 "NONE" on the form.
THE CITY MAY REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE
FORM WITH THIS INFORMATION WITHIN FOUR HOURS OF BID CLOSING.
To determine disclosure requirements, the City recommends that you disclose subcontract
information for .any subcontractor as follows:
1) 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 award).
2) Provide the required disclosure information for any first-tier subcontractor whose
potential contract 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
award) are greater than or equal to: (i) 5% of the lowest contract price, but at least
$15,000, or (ii) $350,000 regardless of the percentage. Total all possible work for each
subcontractor in making this determination (e.g., if a subcontractor will provide $15,000
worth of services on the base bid and $40,000 on an additive alternate, then the potential
East Main St. RR Crossing
March 3. 2008
5
amount of subcontractor's services is $55,000. Assuming that $55,000 exceeds 50~ of the
. lowest contract price, provide the disclosure for both the $15,000 services and the
($40,000 services).
The disclosure should be submitted on the following form:
East Main St. RR Crossing
March 3. 2008
6
City of Ashland
FIRST-TIER SUBCONTRACTOR DISCLOSURE FORM
(As Required by ORS 279C.370 and OAR 137-049-360)
EAST MAIN STREET RAILROAD CROSSING
PROJECT 2005-015A
Bid Closing Date: April 1 0, 2008
I NAME OF SUBCONTRACTOR I I
CATEGORY OF WORK
II DOLLAR VALUE I
10
1.
2.
3
4
5
6
7
8
9
· Attach additional pages if needed.
East Main St. RR Crossing
March 3. 2008
7
BID SCHEDULE - REVISED 313112008
EAST MAIN STREET RAILROAD CROSSING
Project No. 2005-015A
APRIL 10, 2008
ITEM
NO. ITEM
10 Mobilization
20 Temporary Protection and Direction of Traffic
30 Temporary Signs
40 Flaggers
50 Erosion Control
60 Inlet Protection
70 Sediment Fence. Unsupported
80 Pollution Control Plan
90 Removal of Structures and Obstructions
100 Removal of Guardrail
110 Removal of Pipes
120 Removal of Curbs
130 Removal of Walks and Driveways
140 Removal of Inlets
150 General Excavation
160 12 Inch Subgrade Stabilization
170 Subgrade Geotextile
180 8 Inch Ductile Iron Pipe, 5 Ft. Depth, With Class B
Backfill
190 8 Inch Ductile Iron Pipe, 5 Ft. Depth, With Class E
Backfill
200 12 Inch Storm Sewer Pipe, 5 Ft. Depth
210 18 Inch Storm Sewer Pipe. 5 Fl Depth
220 Concrete Inlets, Type 2-1/2 A
230 Concrete Inlets, Type D
240 Concrete Inlets, Modified
250 Concrete Storm Sewer Manholes
260 Adjusting Boxes
East Main St. RR Crossing
March 3,2008
UNIT QUANTITY UNIT PRICE TOTAL
DO
Lump Sum All Lump Sum $ ~0lY)-
Lump Sum All Lump Sum $ 2.~ 000. ~
Sq. Ft. 224.0 $ ,,~ $ I, ~44.!!. III
Hour t40.~50 $ ~_ $~~o,cw
Lump Sum !f'. All Lump Sum $ 2.40.00 ~
Each ~ 5 $ 50 <<!!. $ Z SO .t.=!
Ft. 92.0 $.-J. 0..2.. $ C)z. .~
I . .__ C'.._ Alii I . .-- c.-.._ ~ ? rv"\ ~
L.UI l'tI VUI II L.UIII., VUI" ." a,-.-,-,-
Lump Sum
Lump Sum
Fl
Ft.
Sq. Yd.
Each
Cu. Yd.
Sq. Yd.
Sq. Yd.
Ft.
Ft.
Ft.
Ft.
Each
Each
Each
Each
Each
All. Lump Sum $ 5oo.~
All Lump Sum
10.0 $ ~ ~
135.0 $ g.~
37.0 $ 3O_o~
2 $ 300~
300.0 $ 2..(J.~
100.0 $ 30..~
535.0 $ _1. ~
$ z..oo.~
$ 9o.~
$~,OfO.~
$ It''O..~
$ "'oo.~
$ fD,patJ .o..!L
$ ~.OQ).!!!-
.
$ 5"35.C!!.
77.0 $ 15."!l $ '5.iiS.~
. till. 1l
50.0 $ ~D.~ $ 415Jb-='~
14.0 $ 70.D.E.. $ <1BO ~
120.0 $ ~.o.!. $ G,roa:>~
1 $ 1,50D~ $ L/~o~.2-
1 $.JIOOO.~ $ I,Oa).~
J ~o~ 00
2 $ ,OrJO.- $ LrQ(X).-
1 $ 3/ocx:::t~ $ ~".~
3 $ 30.~ $ ~O~
8
BID SCHEDULE - REVISED 3/31/2008
EAST MAIN STREET RAILROAD CROSSING
Project No. 2005-015A
APRIL 10, 2008
270 Connection To Existing Structures
280 Filling Abandoned Structures
290 Trench Resurfacing
300 Pedestrian Rail
310 Retaining Wall, Masonry
320 Aggregate Base
330 Level 3, 112 Inch Dense HMAC Mixture
340 Asphalt Walks
350 Curb and Gutter Concrete Curbs
360 Concrete Walks
370 Guardrail, Type 3
380 Guardrail End Pieces, Type B
390 Pavement Legend, Type B: Bicycle Lane Symbol
400 Pavement Line, Type A
410 Painted Permanent Pavement Striping
420 Remove and Reinstall Existing Signs
430 Pipe Sign Posts
440 Type 'W1" Signs In Place
450 Type "Y1" Signs In Place
460 Lawn Seeding
470 Rock Mulch
480 Removing and Rebuilding Fence
490 Temporary Chain Link Fence
500 Biofilter Bags
510 Construction Survey Work
Each
Each
Sq. Yd.
Lump Sum
Sq.Ft.
Ton
Ton
Sq. Yd.
Ft.
Sq.Ft.
Ft.
Each
Each
Sq.Ft.
Ft.
Lump Sum
Lump Sum
Sq.Ft.
Sq.Ft.
Sq. Yd.
Ton
Ft.
Ft.
Each
Lump Sum
1 $ 2~~ $ Z~~
2 $ 500~-!. $JIOao~
30.0 $ 3'3.~ $ q~. ~
All Lump Sum $ 3 000 .'!!..
.
102.0 $ 54 .().!! $ 6 soB.'!!
.
330.0 Lump Sum $ a. Z'5IJ.~
135.0 $ IOO.~ $J~;SOO.~
15.0 $ 35.~ $.A~S.~
176.0 $ 2./). ~ $ 3 520.'!!!.
1,065.0 $-A.~ $ 4,Z"D~
19.0 $ 12..0.~ $ t..z.P.:O.~
.
2 $ ~7S.~ $ I, 1'50.~
1 $.A50..~ $~50.~
255.0 $ '2..~ $ 3,o"o.~
380.0 $ 3.~ $~
All Lump Sum $ Z ~O. 4t.,!.
All Lump Sum $ Z,000.~
10.0 $~ $ 2Jo.~
32.0 $ l. \.~ $ fJ,12..~
16.0 $ 1-S.~ $.AOO.~
9.0 $ 060. o~ $ -A 50 ..!!-
15.0 $ \5.gt $ 'lZS.~
24.0 $-lO.~ $ Z40.~
6 $ lb.'!9 $ 3tJ,.~
All Lump Sum $ 3,500. ~
TOTAL OF BID ITEMS $ J 2.0 907- · ~
TOTAL OF BID ITEMS (IN WORDS) $ OtJe. \.\v....012..E..O ~ \'lJF;;;:-jJ,\{ tWO
Tl\DU'PPo-,vO, f'J, \.JEZ. ~\JAJO~FZl:> ~
T 'N d NO/, b() Do \...\...A. ~ 5>
East Main St. RR Crossing
March 3, 2008
9
The City reserves the right to reject any and all bids, waive formalities, or accept any bid which
appears to serve the best interests of the City in accordance with ORS 279C.395.
The foregoing prices shall include all labor, materials, equipment, overhead, profit,
insurance, and all other incidental expenses to cover the finished work of the several kinds called
for. The total of all bid items is to be shown in both words and figures. In case of discrepancy,
the amount shown in words will govern.
Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the
fennal contract attached within 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 for 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.
Additionally, upon written notice of the acceptance of the bid, Bidder shall enter into
agreement with Central Oregon & Pacific Railroad (CORP), which is included below, to work in
the right-of-way owned by CORP, within ten days.
The Bidder is XX or is not
a resident Bidder as defined in ORS 279A.120.
LTM, INCORPORATED
Firm Name of Bidder
k~
Signature of BIdder
STEVEN M. Lavs
Printed Name of Bidder
VICE PRESIDENT & GENERAL MANAGER.
Official Title.
OREGON
State of Incorporation
56603
CCB Number
Dated this
EIGHTH
day of APRIL
2008.
Name of Bidder
Address
LTM, INCORPORATED
PO Box 1145 MEDFORD OR 97501
Telephone No.
541-770-2960
East Main St. RR Crossing
March 3. 2008
10
111'-
lERf'ORMANCEBOND
The undersignedL TM, Incorporated dba Knife River Materials an MDU Resources Company. as
principal, further referred to in this bond as Contractor ~ and Liberty Mutual Insurance * J as
surety~ fiuther referred to in this bond as Surety, are jointly and severally bound unto City of
Ashland, as oblig~ further refarecl to in this bond as. City,. in the Sum of One Hundred Twenty
Two Thousand Nine Hundred Two and no/l00ths*************
Dollars ($ 122,902.00********************************* ).
* Company and Travelers Casualty and Surety Company of America
Contractor and City have entered into a written contract dated
-' for the following project: East Main Street Railroad Crossin2.. Protect No. 2005-01 SA. This
contract is further refemd to in this bond as 1he Contract and is iDCQrporated into this bond by
this reference.
The conditions of this bond are:
1. If Contlactof 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 thrQugh 279C.385, then tms o'?ligatioD is
null aod 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
shan promptly remedy the default, perfonn all of Contractor's obligations under
the contract in accordance with its terms and conditions and ~y to City all
damages that are due under the Contract.
3. This bond is subject to ~laims under ORS 279C.380 through 179C.390.
4. This obligation jointly and severally binds Contrador and Surety and their
respective heirs, executors, administrators, successors.
s. Surety waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpaymeilt of the bond premiwn shall not invalidate this bond.
east Main Sl RR CIoaint
Marth 3. 2008
12
7. The bond number and the name, address, and telephone number of the agent
authorized to receive notices concerning this bond arc as follows.
Bond Number: Liberty Mutual- Bond #190-018-310 - Travelers Casualty - Bond #104968459
Bond Agent: United Risk Solutions, Ine.
Address: P. O. Box 936
Medford, Oil 97501
Telephone:
(541) 245-1111'
SIGNED this
29th
day of
May
2008.
(Corporate Seal)
L TM, Incorporated dba Knife Iliver Materials
CONTRACTOR: an MDU Ilesources Company
~y. ~tf~
Title: VICE PRESID9ITAi~I=QJI UANAGFR .
Legal Address: P. O.1Jox 1145
Medford, Oil 97501
., Attest: -1......9 ~~ ~ ra: Secret 1OEt1RASIEUR
~ 0Ip0 ar:y. SOR DIR. OF ADMIN/FINANCE
Liberty Mutual Insurance Company and ASSISTANT SECRETARY
SURETY~velers cas.ualty and surety;om any of America
B~t-.l~~ h
Title: Patricia C. Boyd, Attorney-in- ac
-
WITNESS:
. WITNESS: .
~~
Legal Address: 2854 Highway 55 Suite 250, Eagan, MN 55121
385 Washington Street, St.. Paul, MN 55102
Attest: N/A
Corporate SecretarY
East M8in Sl RR Cmsslng
J.Wd'l 3. 2008
13
fA YMENI BOND
The undersisnecl L TM, Incorporated dba Knife River Materials an MDU Resources Company 11 as principal,
further referred to in this bond as Co~r, and Liberty Mutual Insurance Company and * · as suretYt fwther
referred to in this bond u Surety. are jointly and severally bound unto City of Ashland, as obligte, further referred
to in this bond as City, in the sum of One H,.ndred Twenty Two Thousand Nine Hundred Two*******
Dollars ($ 122,902.00************~******************************'* .
* Travelers Casualty and Surety Company of America
Contractor and City have entered into a written contract dated · for the following
project: East Main Slreet Railroad Crossiug Projed No. iOO5-01 SA. This contract is fiu1her referred 10 in Ibis bond
as the Contract and.,is incorporated into this bond by this refrRllce.
Tbe conditions of this boDd me:
1. If ContJaCtOr faithfully perfonns the ContraCt within the time prescribed by the Contract, and prompdy
makes payment to all claimants, as defined in ORS 279C.600 through 279C.620. then this obligation is
null and void; otherwise it shan ranain in full fcne and effect.
2. If Contractor is declared by City to be in default UDder the ContraCt. the Surety sball promptlY remedy the
default, perform all of Contractclr's obligatiODS UDder the contraet in accordance with its tennS and
conditions and pay to CitY all damages that are due under the Contract.
3. This bond is subject to claims under OilS 219C.600 through 279C.620.
4. This obligation jointly and severally binds ContrKtor and Surety and their respective heirs.
executOIS, administrators, successors.
s. SuretY waives notice ofmodific:ation of the ContraCt or extension oftbe Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
7. The bond number aDd the IllIIDC, aMnss, and 1depbone number of the agent authorized to
receive notices concerning this bond are as follows.
14
EIS1 MIin St. M QoMing
~ So 2008
-----.JI- T
Bond Number: Liberty Mutual- Bond #190-018-310 - Travelers Casualty - Bond #104968459
Bond Agent: United Risk Solutions, Ine.
Address: P. O. Box 936
Medford, OR 97501
Telephone:
SIGNED this
(541) 245-1111
29th
day of
May
2008.
(Corporate Seal)
L TM,Incorporated dba Knife River Materials
CONrRACI'OR: an MUU Resources Company
By. k~~
TItle. STEVE LOV .
.. 'JI8[ PRCSIBIlfI"J6[NDW. MANAG[R
Legal Address: P. O. Box 1145
WITNESS:
Attest:
Medford, OR 97501
~,>Q ~~~=-
:, - Cosporate SecretaI)'
WITNESS:
~~
(eor;att Se$
i6!I:1RASIEUR
SOR DIR. OF ADMINIFINANCE
Liberty Mutual Insurance Company and ASSISTANT SECRETARY
SVRETY. ravelers Casual and Sure Com an of America
B .
Title: Patricia C. Boyd, AttorneY-IB- act
LepJ Address: 2854 Highway 55 Suite 250, Ea2an, MN 55121
385 Washin2ton Street, S1. Paul, MN 55102
Attest: Nt A
ColpOl'lte Secretary
East MaIn Sf. Nt CnJsIIng
UIreh 3. 2008
15
1920102
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
PATRICIA C. BOYD, JACKIE ANDERBERG, DANABRINkI..EV,ALL OF THE CITY OF MEDFORD, STATE OF OREGON ..
................................. ..... ............ ....... ................... ..... ........... ......n....n........ .......100........ ..... ..... ... ........ ... ..... .........................
.............
................... .................... ..... ............... ................... ........................o...u...... .... ........... .................... . ...... .................................
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, each individually if there be more than oneOc:uned, its true and lawful attorney-in-fact to make, execute, seal, acknoWledge and deliver, for and on its
behalf a.. s sure. ty a.nd a..s its act and........11...e.. e........d, a..n.lv........8....n..d aU un.d.e....rt...8..k... ings, bonds, reco...........9. nl..'zanc.e.s.afl...d oth. 6.
r. s.u...r ety obligation....S............i.n.... ....the penal sum not exceeding
FIFTY MILLION AND00I100****tr********,*n** ......... ....... .... ... ....DOLLARS ($ 50.000.000.00*****u ... ) each, and the
execution of such undertakings, bonetS, recognizancesaod{)ther surety obligations, in pursuance Qfthese pres~mts,shall be as binding upon the
Company as if they had been duly signed by the presidentandattested by the secretary Qfthe Companyin their ownproper persons.
That this power is made and executedpursi)ant to and by authorityofthefolloWing By-Iawc:md AuthorlzatiQl1:
ARTICLE Xlii - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the ComJlany and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 30th day of March ,
2006
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
ByC4/J.. U~
Garnet W. Elliott, Assistant Secretary
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LIBERTY MUTUAL INSURANCE COMPANY
On this ~ day of March , .2.Q.QP- , before me, a Notary Public, personally came Garnet W Elliott. to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
power of Attorney and affixed the corporate seal of Uberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
F.'
~J;;::~~:'H.~ "d> ~. unto subsc,ibed my name0f<Jfjixectmy notarial seal at pIyn101J\11t.1eetin~,PennSylvania, on the day and year
~ J>~' ~<~<<v ...............COMMO.. .f'>4We................Ak...~.. <l.~ VlVANIA...... .......... 6>........................................... , /)+-71
OF r_""",*,_- By ~ ~
CERTIFICATE ~~ ~S~ Te"'sa Pastella, Notary Public
I, the undersigned, Assistant cretaryofUberty Mutual Insurance company,d()herebyc~rtify thatlheoriginalpo~"of attorney of which the foregoing
is a full. true and correct copy, is in full force and effect on th~dateofthis..certificate; and 1 do further certify JnaUpe officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman orlhe presidenttoappoirttattorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this
Mav , 2008 .
29th
day of
" TRAVELERS
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
215720
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 1 7 4 4 4 4 8
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Jackie Anderberg, Patricia C. Boyd, Dana Brinkley, and Nicole Russell
of the City of Medford , State of Oregon , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or penpittedin any aCtions pfQCeedings allowed by law.
16th
IN WITNE~~lrHEREOF, the Comp~b~ave caused this ins~llttobe s~~ned and te~~t;.corporate seals to be hereto affixed, this
day of ,.
Farmington Casualty CQIJ"tPilpy
Fidelity and Guaranty In.surance CQritpany
Fidelity and Guaranty InsuraPce Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
@)
State of Connecticut
City of Hartford ss.
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
16th July 2007
On this the day of ' before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-8-06 Printed in U.S.A.
'<<\~ e. j~
'- Marie C. Tetreault, Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
---oTr.-.------
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmlngton Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, S1. Paul Fire and Marine Insurance Company,
S1. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors. at anr ti.me may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insuranc~ C9mpany~ S1. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and SUf~~.,<;:op1panr'BfAmeri~l;l,.~nd United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Po'"":~(.:~K~ti(j~~y;;~~~~ted by. s~id'Companies, which is in full force and effect and has not been
~~. ~
IN TESTIMONY WHEREOF, I have hereunto set my hand
29th d f
ay 0
May
08
,20
@
To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
fv1I\RSI CERTlfICATE..OF....INSURANCE CERTIFICATE NUMBER
CHI-001208954-14
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
333 South 7th Street, Suite 1600 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Minneapolis, MN 55402-2400 AFFORDED BY THE POUCIES DESCRIBED HEREIN.
Attn: contract.reviewCSS@marsh.com COMPANIES AFFORDING COVERAGE
I -~
I
I COMPANY
J43750-L TM-GA WX-08-09 2033 2037 i A LIBERTY MUTUAL FIRE INS. CO.
I
f---- i --
INSURED I COMPANY
L TM I NCORPORA TED I B ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LTD.
PO BOX 1145 r
MEDFORD, OR 97591 COMPANY
C LIBERTY INSURANCE CORPORATION
COMPANY
D
COVERAGES Thi$.eertiflCate.SLlp4!"~des.arld.replaces.any..previolJsly..j$Sued.certificate..for.the..policy..period..fl()ted...peloW.
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED_
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLlCIES_ AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DDfYY) DATE (MM/DDfYY)
A GENERAL UABlLlTY TB2641 005097-048 01/01/08 01/01/09 GENERAL AGGREGATE 1$ 2,000,000
r---l COMMERCIAL GENERAL LIABILITY I --
X PRODUCTS - COM PlOP AGG 1$ 2,000,000
82 ~J CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY 1$ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
- --
X PER PROJECT FIRE DAMAGE (Anyone fire) $ 500,000
r-
~GGREGA TE MED EXP (Anv one oerson) $ 10,000
A AUTOMOBILE L1ABIUTY AS2 641 005097-058 01/01/08 01/01/09 $ 1,000,000
I--- COMBINED SINGLE LIMIT
X ANY AUTO
I---
ALL OWNED AUTOS BODILY INJURY $
-- (Per person)
- SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY $
I--- (Per accident)
X NON-OWNED AUTOS
e--
I--- -- PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
I--- << .<..
ANY AUTO OTHER THAN AUTO ONLY: <::::: .......::.::..:..................<< ......
e- $
EACH ACCIDENT --
r---
AGGREGATE $
B EXCESS LIABILITY X0259A1A08 01/01/08 01/01/09 EACH OCCURRENCE $ 5,000,000
~ UMBRELLA FORM AGGREGATE $ 5,000,000
X I OTHER THAN UMBRELLA FORM $
C WORKERS COMPENSATION AND IWC7-641-oo5097-028 (Guar. Cost) 01/01/08 01/01/09 I WC STATU- I I OJ~- t................................................:::...::.....:................
EMPLOYERS' LIABILITY X TORY LIMITS
C WA7-64D-005097-018 (AOS) 01/01/08 01/01/09 EL EACH ACCIDENT $ 1,000,000
C THE PROPRIETOR! ~ INCL IWC7-641-005097-038 (OR,WI) 01/01/08 01/01/09 EL DISEASE-POLICY LIMIT 1$ 1,000,000
PARTNERS/EXECUTIVE I I EXCL 'Includes "Stop-Gap" I EL DISEASE-EACH EMPLOYEE I $ 1,000,000
OFFICERS ARE:
I OTHER
WORKERS COMPENSATION IS
EXCLUDED FROM ADDITIONAL
INSURED WORDING
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESlSPECIAL ITEMS
RE: E. MAIN STREET RAILROAD CROSSING, PROJECT NO. 2005-15A, KNIFE RIVER JOB #1681107. CITY OF ASHLAND IS INCLUDED AS
ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY TO ANY INSURANCE
MAINTAINED BY THE ADD'L INSD. WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE ADDITIONAL INSURED.
.::::.::.:.:.: ...::.:.:.:....:..:>:{ < <::: ......:.::.:.....................................................::.. ...............................................................:
:..:::: ...... .. ...... . . :::::: :<.::::~:".:?:-':":":::<.:. :::::::::::::::: :::<. .....::::::.::.:..>
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WIll E~ MAil --30 DAYS WRITTEN NOTICE TO THE
CITY OF ASHLAND CERTIFICATE HOLDER NAMED HEREIN,
ATTN: JIM OLSON, PUBLIC WORKS DIRECTOR
20 E. MAl N STRE ET E
ASHLAND, OR 97520
AUTHORIZED REPRESENTATIVE -.ca.../l
Marsh USA Inc. ~ ,e~ ~~
BY: Mary Radaszewski
I> .......--{< VAUD AS OF:06/02/08
1::::< :: :.:::.::::.:.: ::::. <:: f.A1YI1(~IO~r
THIS ENDORSEMENT CHANGES TIIE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS... AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMI\iffiRCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who is An Insured is amended to
include as an insured any person or organization
for whom you are penorming operations when
you and such person or organization have agreed
in writing in a contract or agreement that such
person or org311ization be added as an additional
insured on your policy. Such person or
organization is an additional insured only with
respect to liability arising out of your ongoing
operations performed for that insured. A
Person's or organization's status as an insured
under this endorsement ends when your
operations for that insured are completed
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
2. Exclusion
This insurance does not apply to:
a. 'c.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:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; and
(2) Supervisory, inspection, architectural or
engineering activities
CG203310 01
b. 'c.Bodily Injury" or "property damage" occurring after:
(1) All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behaH of the additional insured(s) at the
site of the covered operations has been
completed
Page 1 of2
(2) That portion of "your worku out of
which the injury or damage arises has
been put to its intended use by any
person or organization other than
another contractor or subcontractor
engaged in perfonning operations for a
principal as a part of the same proj eet.
This endorsement is executed by the
Liberty Mutual Fire Ins. Co.
Premium $
Effective Date 01101/08
Expiration Date
01101109
For attachment to Policy No. TB2-641-005097-048
CG20331001
Page 2 of2
TillS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schedule
Name of Person or Organization
Any person or Organization where required by written contract.
Location And Description of Completed Operations
Additional Premium:
(If no entry appears above, infonnation required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
Section II - Who is An fusured is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work" at the location designated and
described in the schedule of this endorsement performed for that insured and included in the "product-
completed operations hazard".
This endorsement is executed by the
Liberty Mutual Fire Ins~ Co~
Premium $
Effective Date 01101/08
Expiration Date
01101109
For attachment to Policy No. TB2-641-005097-048
CG 20 37 10 01
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la-"- C'."..:.i). . ;_;;.j'.~';'
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CITY RECORDER
CITY Of
ASHLAND I
20 E MAIN ST. '
ASHLAND, OR 97520
(541) 488-5300
Page 1 / 1
~"TE
6/27/2008
I \
PO NOM$ER
08353
VENDOR: 013200
KNIFE RIVER MATERIALS, LTM (DBA)
PO BOX 1145
MEDFORD, OR 97501
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net 10th of Month
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Jim Olson
Confirming? No
THIS IS A REVISED PURCHASE ORDER
East Main Railroad CrossinQ Improvements
122,902.00
BID
Contract start date: OS/20/2008
Contract completion date: 07/30/2008
Project No. 2005-15A
Insurance reQuired/On file
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL.
122 02.00
0.00
0.00
122,902.00
.......".,.... i '.,' -s Jm ...'..,..'..,'. I'.,'.,., ..,. ... .' .~CQ()I.II'at"ijtQ~ ", '.~ ,'.',.!', ., '. ,. , ',~
. '.".,.... '>:.i
E 260.08.12.00.70420C E 200515.1 20 104 466.70
E 260.08.35.00.70420C E 200515.1 20 1 8.435.30
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