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HomeMy WebLinkAbout2011-005 Contract - Knife River Materials . 'i -:.;......, :. , . Section 00505 Agreement CITY OF ASHLAND, OREGON PUBLIC IMPROVEMENT CONTRACT RUNWAY 12/30 REHABILITATION AND PAPI INSTALLATION AT ASHLAND MUNICIPAL AIRPORT Project No. AlP No. 3-41-0002-008 This Agreement and Contract is between the CITY OF ASHLAND, a municipal corporation of the State of Oregon (hereinafter referred to as "Owner") and Knife River Materials (hereinafter referred to as "Contractor"). The Owner's Project Manager for this Contract is Jim Olson Engineering Services Manager, City of Ashland Public Works Department WHEREAS, Owner caused to be prepared a certain bound Project Manual (including but not limited to bid forms, Contract Conditions, FAA General Provisions, Special Provisions, FAA Special Provisions, and Technical Provisions), Drawings, and Addenda No.----.L through No. 1 , (hereinafter referred to as "Contract Documents") for its project entitled "Runway 12/30 Rehabilitation and PAPI Installation at Ashland Municipal Airport; " and WHEREAS, Contractor did on the 1st day of July, 2010, file with Owner a bid to furnish equipment, labor, material, and appurtenances for construction of said project as set forth in the Contract Documents and agreed to accept as payment therefore the sums fully stated and set forth in the bid; and WHEREAS, the Contract Documents and bid fully and accurately set forth and describe the terms and conditions upon which the Contractor proposes to furnish said equipment, labor, material and appurtenances and perform said work, together with the manner and time of furnishing same; and NOW THEREFORE, for good and valuable consideration the parties mutually covenant and agree as follows: 1. Recitals, This recitals set forth above are true and correct and are incorporated herein by this reference. 2. Effective Date and Duration , This contract is effective on JANUARY 1. , 20U, or on such date at which every party has signed this contract, whichever is later. The work under this contract shall, unless otherwise terminated or extended, be completed on or before 60 calendar days following Contractor's receipt of the Notice to Proceed, unless extended by writing by the Owner. Ashland Municipal Airport Runway 12/30 Rehabilitation and P API Installation 00505-1 I ", . ';0- , . . Section 00505 Agreement 3. Statement of Work a. The work under this contract is for RUNWAY 12/30 REHABILITATION AND PAPI INSTALLATION. as is more fully described in the Contract Documents, incorporated herein and made a part hereof by this reference. The statement of work, including the delivery schedule for the work, is contained in the Contract Documents. Contractor acknowledges receipt of all Contract. Documents in existence at the date the Contract is signed and further acknowledges Contractor has read and fully understands the Contract Documents, and understands that in signing this Agreement contractor waives all rights to plead misunderstandings regarding the same. b. Contractor shall, at its own risk and expense, perform the work described in the Contract Documents and furnish all permits, labor, tools, machinery, materials, transportation, equipment and services of all kinds required for, necessary for, or reasonable incidental to, performance of the work, that is, the construction of this Project for the Owner, as shown in the Contract Documents. Contractor shall secure all Municipal, County, State, or Federal Permits or licenses including payment of permit fees, license fees and royalties necessary or incident to performance of the work on this contract. The risk of loss for such work shall not shift to the Owner until written acceptance of the work by the Owner. 4. Consideration a. Owner agrees to pay Contractor, at the times and in the manner provided in the Contract Documents, a sum not to exceed $ J, 2.0!>,t:lf.,'l. 00 for accomplishing the work required by this contract. including allowable expenses. This fixed sum cannot be modified except by Change Order approved in writing by Owner. b. Any progress payments to Contractor shall be made only in accordance with the schedule and requirements in the Standard Terms and Conditions for Public Improvement Contracts. c. Owner certifies that sufficient funds have been appropriated to make payments required by this contract during the current fiscal year. Payment for work performed after June 30 of any given year is subject to funds being appropriated by the City Council. If funds are not appropriated, the Owner may terminate this contract by notice to the Contractor. CONTRACTOR DATA, CERTIFICATION, AND SIGNATURE Business Name (please print): LTM. INCORPORATED DBA KNIFE RIVER MATERIALS Contact Name: KEVIN FRIEDEL. SENIOR ESTIMATOR Phone: 541-770-2960 Fax: 541-664-4567 Email kevin. friedel@kniferiver.com Address: B.O. BOX 1145 MEDFORD, OR 97501 CITY OF ASHLAND Business License # BTI.-002173 OREGON Construction Contractors Board #: 56603 Citizenship: Nonresident alien Yes X No Business Designation (check one): Individual _ Partnership ~ Corporation [Do Not Place Tax ID Numbers here] _ Sole Proprietorship _ Government/Nonprofit Ashland Municipal Airport Runway 12/30 Rehabilitation and P API Installation 00505-1 ,. , . . , . Section 00505 Agreement The above information must be provided prior to contract approval. Payment information will be reported to the Internal Revenue Service (IRS) under the name and taxpayer I.D. number provided separately. (See IRS 1099 for additional instructions regarding taxpayer ID numbers.) Information not matching IRS records could subject you to 31 percent backup withholding. I, the undersigned, understand that the "Standard Terms and Conditions For Public Improvement Contracts" (Exhibit A) together with all other Contract Documents as described above are an integral part of this contract and agree to perform the work described in the Contract Documents, in accordance with the terms and conditions of this Contract. I further understand the Owner is prohibited from entering into a contract when the contractor has neglected or refused to file any return, pay any tax, or properly contest a tax, pursuant to ORS 305.385; I hereby certify, under penalty of petjury and false swearing, that limy business am/is not in violation of any Oregon tax laws; I further certify that I am an independent contractor as defined in ORS 670.600. ~ Si Ide MITCH P. Date NOVEMBER 10, 2010 GENERAL MANA R N ICE TO CONTRACTOR: This contract does not bind the Owner of ASHLAND unless and until it has been executed by the Mayor after authorization by the Council at a public meeting. Approved: OWNER [City of Ashland] SIGNATURE M~tr~ ~<h' full conn:" nn~fl(Mbev 1, .010 , City Recorder or designee ~ Q.~ . .Fiu"u""~'b"''''M1-T~~ ~ Date Attest: I Date I/slt{ . Date Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPI Installation 00505-1 " . .' Section 00505 Agreement EXHIBIT A CITY OF ASHLAND STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS I. Contractor is Independent Contractor a. Contractor shall perform the work required by this contract as an independent contractor. Although the Owner reserves the right (i) to specifY the desired results; (ii) to determine (and modifY) the delivery schedule for the work to be performed; and (iii) to evaluate the quality of the completed performance, the Owner cannot and will not control the means or manner of the Contractor's performance. The Contractor is responsible for determining the appropriate means and manner of performing the work. b. The Contractor represents and warrants that Contractor (i) is not currently an employee of the federal government or the State of Oregon, and (ii) meets the specific independent contractor standards ofORS 670.600, as certified on the Independent Contractor Certification Statement attached as Exhibit D. c. Contractor will be responsible for any federal or state taxes applicable to any compensation or payment paid to Contractor under this contract. d. Contractor is not eligible for any federal Social Security, unemployment insurance, state Public Employees' Retirement System, or workers' compensation benefits from compensation or payments to Contractor under this contract. 2. Subcontracts and Assignment Contractor shall not subcontract any of the work required by this contract, or assign, sell, dispose of, or transfer any of its interest in this contract, nor delegate duties under the contract, either in whole or in part, without the prior written consent of the Owner. Such consent if provided shall not relieve the Contractor of any of the obligations under Ihe contract. Any assignee or transferee shall be considered the agent of the contractor and be bound to abide by all provisions of the contract. Contractor agrees that if subcontractors are employed in the performance of this contract, the Contractor and its subcontractors are subject to the requirements and sanction of ORS Chapter 656, Workers' Compensation. Use of Subcontractors, material suppliers or equipment suppliers shall in no way release Contractor from any obligations of contract with Owner. Contractor will provide in all subcontract agreements that the Subcontractor, material supplier and equipment supplier will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work, material or equipment. All Subcontracts are assignable to the Owner at Owner's option, in the event this agreement is tenninated for default ofContractoT. Contractor covenants and agrees to bind any and all subcontractors for performance of work under this Contract in the same manner Contractor is bound to Owner. 3. No Third Party Beneficiaries Owner and Contractor are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives or provides any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. 4. Successors in Interest The provisions of this contract shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and approved assigns, if any. 5. Cnntract Documents Ashland Municipal Airport Runway 12/30 Rehabilitation and P API Installation 00505-1 , . . Section 00505 Agreement The Contract Documents, which comprise the entire Contract between the Owner and Contractor, include all sections or parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Notice to Contractors - Invitation to Bid, Offer, First-Tier Subcontractors Disclosure Fonn, Surety Bond, Public Improvement Contract, Contract Standard Terms and Conditions and Exhibits thereto, Performance Bond, Payment Bond, Special Provisions, including FAA General and Special Provisions, Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevai/im! Wa<!e (BOLIi if aoo/icable AND anv other seoarate/v bound reference, Oregon 2002 Standard Specifications for Construction, the CITY of ASHLAND Public Facilities Construction Standards, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. 6. Contractor's Representations By executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has' given the Owner written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the Owner is acceptable to the Contractor, and the Contract Documents are generally sufficient to inaicate and convey understanding of terms and conditions for performing and furnishing the project work. 7. Drug Testing [ORS 279C.505(2)] a. Contractor shall certify to the Owner that it has a drug,testing program in place for all its employees that includes, at a minimum, the following: i. A written employee drug-testing policy, ii, Required drug testing for all new Subject Employees or alternatively, required testing of all Subject Employees every 12 months on a random selection basis, and iii. Required testing of a Subject Employee when the Contractor has reasonable cause to believe the Subject Employee is under the influence of drugs, b. A drug-testing program that meets the above requirements will be deemed a "Qualifying Employee Drug- testing Program," For the purposes of this section, an employee is a "Subject Employee" only if that employee will be working on the Public Improvement project job site. c. By executing and returning this contract the Contractor certifies, represents and warrants to the Owner that a Qualifying Employee Drug-testing Program is in place at the time of execution, will continue in full force and effect for the duration of this contract, and that Contractor will comply with the provisions of subsection d below. Further, the Owner's perfonnance obligation (which includes, without limitation, the Owner's obligation to make payment) is contingent on Contractors compliance with this representation and warranty. d. Contractor will require each subcontractor providing labor for the project to: i. Demonstrate to the Contractor that it has a Qualifying Employee Drug-testing Program for the subcontractor's Subject Employees, and represent and warrant to the Contractor that the Qualifying Employee Drug-testing Program is in place at the time of subcontract execution and will continue in full force and effect for the duration of the subcontract; or ii, Require that the subcontractor's Subject Employees participate in the Contractor's Qualifying Employee Drug-testing Program for the duration of the subcontract. 8. ,Notice to Proceed Written Notice to Proceed will be given by the Owner after the contract has been executed and the performance bond, payment bond, and all required insurance documents approved. Notice to proceed shall not be unreasonably Ashland Municipal Airport 00505-1 Runway 12/30 Rehabilitation and P API Installation :. Section 00505 Agreement delayed and shall generally occur within thirty (30) days of the contract date. Reasonable delay may be occasioned by the need to obtain necessary permits or easements or utility relocation. The Contractor shall commence the project work within fifteen (15) days of the date of the written Notice to Proceed. Contractor is not to commence work under the Contract prior to such written notice. 9. Suspension of the Work The Owner, and its authorized representatives, may suspend portions or all of the project work due to causes including, but not limited to: a. Failure of the Contractor to correct unsafe conditions; b. Failure of the Contractor to cany out any provision of the Contract; c. Failure of the Contractor to cany out orders; d. Conditions, in the opinion of the Owner, which are unsuitable for performing the project work; e. Allowance of time required to investigate differing site conditions; f. Any reason considered to be in the public interest. The contract time will not be extended, nor will the Contractor be entitled to any additional compensation if the work is suspended pursuant to subsections (a), (b) or (c). If the project work is suspended pursuant to subsection (I), the Contractor is enlitled to a reasonable extension of the contract time and reasonable compensation for all verified costs resulting from the suspension plus a reasonable allowance for overhead with respect to such costs. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. The foregoing provision concerning compensation in the event of a suspension of Work of this contract shall not apply if such suspension occurs as a result of the Contractor's violation of any Federal, State, or Local statutes, ordinances, rules or regulations, or as a result of any violation by the Contractor of the terms of this contract, including a determination by the Owner that the Contractor has not progressed satisfactorily with the Work in accordance with specifications. 10. Early Termination a. The Owner and the Contractor, by mutual written agreement, may terminate this Contract at any time. b. The Owner, on 30 days written notice to the Contractor, may terminate this Contract for any reason deemed appropriate in its sole discretion, C. The Owner may terminate this contract, in whole or in part, at any time for any reason considered by the Owner, in the exercise of its sole discretion, to be in the public interest. Th~ Owner will provide the Contractor, and the Contractor's surety, seven (7) days prior written notice of a termination for public convenience. d. Either the Owner or the Contractor may terminate this Contract in the event ofa breach of the Contract by the other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breach and of the party's intent to terminate. If the Party has not entirely cured the breach within 15 days of the notice, then the party giving the notice may terminate the Contract at any time thereafter by giving a written notice of termination. 11. Payment on Early Termination a. If this contract is terminated under 10(a)(b) or (c), the Owner shall pay the Contractor for work performed in accordance with the Contract prior to the termination date. Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPI Installation 00505-1 . Section 00505 Agreement b. If this contract is terminated under IO(d), by the Contractor due to a breach by the Owner, then the Owner shall pay the Contractor as provided in subsection (a) ofthis section. . c. If this contract is terminated under IO(d), by the Owner due to a breach by the Contractor, then the Owner shall pay the Contractor as provided in subsection (a) of this section, subject to set off of excess costs, as provided for in section 12, Remedies. 12. Remedies In the event of termination under 10 (d), by the Owner due to a breach by the Contractor, then the Owner may complete the work either itself, by agreement with another contractor, or by a combination thereof. In the event the cost of completing the work exceeds the remaining unpaid balance of the total compensation provided under this contract, then the Contractor shall pay to the Owner the amount of the reasonable excess. After notice of termination under paragraph 1O( c), the Contractor and the Contractor's surety shall provide the Owner with immediate and peaceful possession of the Project site and premises, and materials located on and off the Project site and premises for which the Contractor received progress payment. In no circumstances shall Contractor be entitled to lost profits due to termination. The remedies provided to the Owner under section 10 through 12 for a breach by the Contractor shall not be exclusive. The Owner also shall be entitled to any other equitable and legal remedies that are available, In the event of breach ofthis Contract by the Owner, then the Contractor's remedy shall be limited to termination of the Contract and receipt of payment as provided in section II (b). 13. Access to Records Contractor shall maintain and the Owner and its authorized representatives shall have access to all books, documents, papers and records of Contractor which relate to this contract for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for cost of copies is reimbursable by the Owner. 14. Ownership of Work All work products of the Contractor that result from this contract, including but not limited to background data, documentation and staff work that is preliminary to final reports, are the property of Owner. Draft documents and preliminary work submitted to the Owner for review and comment shall not be considered as owned, used or retained by the Owner until the final document is submitted. The Owner shall own all proprietary rights, including but not limited to copyrights, trade secrets, patents and all other intellectual or other property rights in and to such work products. Preexisting trade secrets of the Contractor shall be noted as such and shall not be considered as a work product of this contract. All such work products shall be considered "works made for hire" under the provisions of the United States Copyright Act and all other equivalent laws. Use of any work product of the Contractor by the Owner for any purpose other than the use intended by this contract is at the risk of the Owner. Use of any work product by Contractor is prohibited without the written consent of the Owner. All documents or other materials submitted to Owner by Contractor shall become the sole and exclusive property of Owner. Such materials are subject to Oregon Public Records laws.! 15. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.OIO(p), 279A.120, 279C.375, Ashland Municipal Airport 00505-1 Runway 12/30 Rehabilitation and P API Installation Section 00505 Agreement and 279C.3S0(4), (Award of Contract and Bond): ORS 279A.IIO (Prohibition on Discrimination in Subcontracting); ORS 279C.5S5 (Substitution fITst,tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.SOO to 279C.S70 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage): ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. 16. Registration with Construction Contractor's Board The Contractor, hereby certifies that the Contractor is licensed with the Construction Contractors Board in. accordance with ORS 701.035 to 701.055 and, further, that all subcontractors performing work as described in ORS 701.005(2) (Le., construction work) will be licensed with the Construction Contractors Board in accordance with ORS 701.035 to 701.055 before the subcontractors commence work under the contract. 17. Prevailing Wages/ BOLl Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.SOO through 279C.S70, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the public Notice, per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.S3S, each worker in each trade or occupation employed in the performance of the Contract either by Contractor, subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not less than the applicable state or federal prevailing rate of wage, whichever is higher. Copies of the current BOLl prevailing wage schedule and federal wage rate schedule arte attached hereto as Sections OOSIO andOOSI5. b. Conlractor shall be bound by and shall comply with ORS 279C.SOO to 279C.S70, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.S40. Pursuant to ORS 279C.S30(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOLl document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.S30(1)] Contractor shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.S25(1). [ORS 279C.S30(2)] Contractor and all subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by ORS 279C.S36 and shall cause all subcontractors to do the same prior to starting work on the project. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. c. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file, with the Owner and with the Wage and Hour Division, Bureau of Labor and Industries (BOLl), SOO NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements ofORS 279C.S45. . 18. Hours oCLabor /Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in anyone day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: Ashland Municipal Airport 00505-1 Runway 12/30 Rehabilitation and P API Installation . . ,. Section 00505 Agreement (a) (1) For all overtiine in excess of eight hours in anyone day or 40 hours in anyone week when the work week is five consecutive days, Monday through Friday; or (2) For all overtime in excess of 10 hours in anyone day or 40 hours in anyone week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed with the contractor within 90 days from the completion of the contract, providing the contractor has: (1) Caused a circular clearly printed in boldfaced 12-pointtype and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (e) At or before the commencement of work, the Contractor shall give notice in writing 'to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2)(5)] 19. Medical Care and Workers Compensation [ORS 279C.530] (1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co- partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the services. (2) Pursuant to ORS 279C.530(2), All employers including the that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required workers compensation coverage unless such employers are exempt under ORS 656.126. If Contractor hiores employees, he or she shall provide Owner with certification of Workers Compensation Insurance, with employer's liability not less than the statutorily required minimum. 20. Retainage The withholding of retainage by a contractor or subcontractor on public improvement contracts shall be in accordance with ORS 701.420 and 701.430. [279C.555] "Retainage" means the difference between the amount earned by a contractor on a public improvement contract and the amount paid on the contract by the City. [279C.550] Moneys retained by a contracting agency under ORS 279C.570 (7) shall either be: (a) retained in a fund by the City and paid to the contractor in accordance with ORS 279C.570; or (b) At the election of the contractor, paid to the contractor in accordance with the two options below: . The contractor may deposit bonds, securities, or other instruments with the City or in any bank or trust company to be held in lieu of the cash retainage for the benefit of the contracting agency. [n such event the City shall reduce the retainage in an amount equal to the value of the bonds, securities or instruments. and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Interest on the bonds or sec,!rities shall accrue to the contractor. {or} . [fthe contractor elects, the City shall deposit the retainage, as accumulated, in an interest-bearing account in a bank, savings bank, trust company or savings association for the benefit of the City. Earnings on the account shall accrue to the contractor. [fthe contracting agency incurs additional costs as a result of the exercise of the options in ORS 279C.560(1) or (5), the City may recover such costs from the contractor by reduction of the final payment. As work on the contract progresses, the contracting agency shall, upon demand, inform the contractor of all accrued costs. Bonds and Ashland Municipal Airport 00505-1 Runway 12/30 Rehabilitation and PAPllnstallation ,. . Section 00505 Agreement securities deposited or acquired in lieu of retainage, as permitted above, shall be of a character approved by the City Attorney and City Finance Director, including but not limited to: (a) Bills, certificates, notes or bonds of the United States. (b) Other obligations ofthe United States or its agencies. (c) Obligations of any corporation wholly owned by the federal government. (d) Indebtedness of the Federal National Mortgage Association. (e) General obligation Bond of the State of Oregon or a political subdivision thereof. Unless the City finds that accepting a bond or instrument poses an extraordinary risk that is not typically associated with such bond or instrument, the contractor may deposit a surety bond for all or any portion of the amount of funds retained, or to be retained, by the City in a form acceptable to the City. The bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retainage under ORS 279C.550 to 279C.570 and 279C.600 to 279C.625. The City shall reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the contractor in accordance with ORS 279C.570. Whenever a City accepts a surety bond from a contractor in lieu of retain age, the contractor shall accept like bonds from any subcontractor or supplier from which the contractor has retainage. The contractor shall then reduce the retainage in an amount equal to the value of the bond and pay the amount of the reduction to the subcontractor or supplier. [279C.560] 2 t. Progress Payments a. Payment for all work under the Contract will be made promptly by the City at the price or prices bid, and those prices shall include full compensation for all approved incidental work. b. Contractor shall make progress estimates of work performed in any calendar month and submit to the City for approval, before the fifth of the following month, or as mutually agreed between the Contractor and City. These. estimates shall include value of labor performed and materials incorporated in the work since commencing work under the Contract. Such estimates need not be made by strict measurements and may be approximate only, and shall be based upon the whole amount of money that will become due according to terms of the Contract when Project has been completed. The City may include in payments eighty five percent (85%) of the cost to Contractor of materials or equipment not yet incorporated in the Work but delivered and suitably stored at the site, or at some other location agreed upon in writing. Such a payment shall be conditioned upon submission by the Contractor of bills of sale or such other documentation satisfactory to the City Attorney to establish the City's title to such materials or equipment or otherwise protect the City's interest including applicable insurance and transportation to the site, and a statement from Contractor explaining why it is necessary to procure said equipment and/or materials. When such payments are made, the Contractor warrants and guarantees that the title to all materials and equipment covered by a progress payment, whether incorporated in the project or not, will pass to the City upon receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances, Notwithstanding the above, when the progress estimate indicates that the progress payment would be less than one thousand dollars ($1,000), no progress payment will be made for that estimate period, unless approved by the City. C. If the Contract price is determined, in whole or in part, on a Lump Sum basis, Contractor shall prepare an itemized cost breakdown relating thereto and have the City approve same before commencing work; progress estimates based on said itemized cost breakdown may be the basis for progress payments. Upon direction by the City, Contractor shall provide for revision of the costs breakdown to reflect the true costs of the work as it progresses. d. I f the Contract price is determined wholly on a unit basis, City may use unit prices bid in making progress estimates on the work. In case said unit prices do not, in the opinion of the City, truly represent actual relative costs of different parts of work, a percentage of the Unit Price may be used in making progress estimate adjustments. e. If the City receives written notice of any unsettled claims for damage or other costs due to Contractor's operations including, without limitation, claims from any City Department or other governmental agency, an amount equal to the claim may be withheld from the progress payments, final payments or retainage until such claim has been resolved to the satisfaction of City. Ashland Municipal Airport Runway 12/30 Rehabilitation and P API Installation 00505-1 ,. Section 00505 Agreement f. Progress payments will be made by City on a monthly basis within thirty (30) days from sign off by the Contractor of the progress payment or fifteen (IS) days after the payment is approved by City of work performed, whichever is the earlier date. Failure to pay progress payments within the timeframe set forth above will result in the imposition of interest as required by ORS 279C.S70(2)(3). Defective or improper invoices will be addressed as set forth in ORS 279C.S70(4)(S)(6). g. Payment will be issued by City for the amount of the approved estimate, less five percent (S%) retainage. Except as provided in paragraph 19 above and the applicable ORS Sections noted herein, such amount of retainago shall be withheld and retained by City until it is included in and paid 10 Contractor as part of the final payment ofthe Contract amount. Upon Substantial Completion of the work under the Contract which shall be understood to be not less than ninety-seven and one-half percent (97.5%) of the work, the City may, at its discretion, reduce the retained amount equivalent to not less than one hundred percent (100%) of the contract value or estimated value or estimated cost, whichever is greater, of the work remaining to be done. [279C.S70(7)] h. The City may decline to approve an application for payment and may withhold such approval if, in the City's opinion, and in good faith, the work has not progressed to the point indicated by the Contractor's submittal. The City may also decline to approve an application for payment or may reduce said payment or, because of subsequently discovered evidence or subsequent inspections, City may nullifY the whole or any part of any payment previously made to such extent as may be necessary in their opinion to protect the City from loss because of: (I) defective work not remedied, (2) third party claims filed or failure of the Contractor to make payments properly to . Subcontractors for labor, materials or equipment, unless Surety consents to such payment, (3) reasonable doubt that the work can be completed for the unpaid balance of the Contract sum, (4) damage to another contractor's work, (S) reasonable indication that the work will not be completed within the Contract time, (6) unsatisfactory prosecution of the work by the Contractor, (7) claims against the Contractor by the City, (8) failure to submit a construction schedule or failure to keep said construction schedule updated, or (9) exceeding work limits. When any or all ofthe criteria set forth above have been remedied satisfactorily to the City, payment shall be made for amounts withheld because of them. Withholding of progress payments or partial payments under the criteria set forth above shall not entitle the Contractor to interest on such withheld payments or partial payments, excpet as provided in ORS 279C.S70(9). i. If Contractor fails to complete the Project within the time limit fixed in the Contract or any extension, no further estimate may be accepted or progress or other payments allowed until the Project is completed, unless approved otherwise by City. Progress estimates are for the sole purpose of determining progress payments and are not to be relied on for any other purpose. A progress payment is not considered acceptance or approval of any work or materials or waiver of any defects therein. [ORS 279.570(2)]. 22. Final Estimate and Final Payment a. SUBSTANTIAL COMPLETION. Contractor shall notifY the City in writing when all or a portion of the work is considered substantially complete. If it appears to the City that the work is not substantially complete, the City shall not make an inspection. The City may make a general list of major work components remaining. If it appears that the work is substantially complete, the City shall, within fifteen (IS) days after receiving notice. make an inspection and either accept the work or notifY Contractor of work yet to be performed. If accepted, City shall prepare a Certificate of Substantial Completion, Exhibit F. Upon acceptance of the Certificate of Substantial Completion by both parties, the City shall be responsible for operation and maintenance of that part of the work described in the Certificate of Substantial Completion, subject to the warranty requirements and protection of the work and all other applicable terms of the contract documents. The date of substantial completion of all the work shall stop the accrual of liquidated damages, if applicable. b. FINAL COMPLETION. Contractor shall notifY the City in writing when work is 100% complete. If it appears to the City that the work is not 100% complete, the City shall not make a final inspection. The City may make a general list of major work components remaining. If it appears that the work is 100% complete, the City shall, within fifteen (IS) days after receiving notice, make a fmal inspection and either accept the work or notifY Contractor of work yet to be performed on the Contract. A Certificate of Final Completion shall not be prepared until all provisions of the Contract have been met, including but not limited to, the submission by the Contractor of a signed Certificate of Compliance, Exhibit G and executed "Release of Liens and Claims."(Exhibit H), Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPllnstall~tion 00505- I Section 00505 Agreement b. When the work is 100% complete, the City shall prepare a final pay estimate and Certificate of Final Completion accepting the work as of a certain date. The Contractor shall execute and return the final pay estimate and Certificate of Final Completion within five (5) working days of receipt. Unless otherwise provided as a Special Provision, when City accepts the Certificate of Final Completion, the date the Contractor signs the Certificate of Final Completion shall be the date the City accepts Ownership of the work and the start date of the warranty period. The contractor may substitute a Warranty Bond in replacement of the Perfonnance and Payment Bonds in accordance with Section 29. The City shall include in the final pay estimate an addition to the contract amount for any contract deduction from the contract amount for any liquidated damages and a deduction from the contract price in a fair and equitable amount for any damages to the City or for any costs incurred or likely to be incurred by the City due to Contractor's failure to meet any contract provision or specification other than timely completion. c. If the Contractor believes the quantities and amounts specified in the final pay estimate prepared by the City to be incorrect, Contractor shall submit to the City within five (5) working days of receipt of the City's final pay estimate, an itemized statement of any and all claims for additional compensation under the Contract which are based on differences in measurements or errors of computation. Any such claim not so submitted and supported by an itemized statement within said period is expressly waived and the City shall not be obligated to pay the same. d. The Contractor shall commence any suit or action to collect or enforce the claim or claims for any additional compensation arising from errors of computation in the final estimate within a period of one (I) year following the original mailing of the City's final estimate and Certificate of Final Completion to the Contractor's last known address as shown in the records of City. The City's issuance of a revised final estimate pursuant to this subsection does not alter the original final estimate date. If said suit, action or proceeding is not commenced in said one (I) year period, the final estimate and Certificate of Final Completion or revised final estimate and Certificate of Final Completion, if revisions are made, shall be conclusive with respect to. the amount earned by the Contractor, and the Contractor expressly waives any and all claims for compensation and any and all causes of suit or action for the enforcement thereof that Contractor might have had. e. Upon return of the fully executed Certificate of Final Completion from the Contractor, the City will submit the Certificate of Final Completion and final estimate to the City for approval. Upon approval and acceptance by the City, Contractor will be paid a total payment equal to the amount due under the Contract including retainage within thirty (30) days in accordance with ORS 279C.570. Failure to pay within 30 days shall implicate the inlerest on final payment! retainage requirements ofORS 279C.570(8). f. Monies earned by the Contractor are not due and payable until the procedures set forth in the contract documents for inspection, approval and acceptance of the work; for detennination of the work done and the amount due therefore; for the preparation of the final estimate and Certificate of Final Completion and processing the same for payment; for consideration of the Contractor's claim, or claims, if any; and for the preparing of a reVised final estimate and Certificate of Final Completion and processing same for payment all have been carried out. g. As a prerequisite to final payment, if Contractor is not domiciled in or registered to do business in the State of Oregon, the Contractor will provide City with evidence that the requirement of ORS 279A.120(3) has been satisfied. h. If City declares a default of the Contract, and Surety completes said Contract, all payments made after declaration of default and all retainage held by City shall be paid to Surety and not to Contractor in accordance with the tenns of the Contract. i. Acceptance by Contractor of final payment shall release City from any and all claims by Contractor whether known or unknown, arising out of and relating to the work. No payment, however, final or otherwise, shall operate to release Contractor or its Sureties from warranties or other obligations required in the perfonnance of the Contract. j. Disputes as to compensation resolved in favor of the contractor implicate the interest provisions of ORS 279.570(9). 23. Change Orders r Extra Work Ashland Municipal Airport Runway 12/30 Rehabilitation and P API Installation 00505-1 " Section 00505 Agreement The Contractor agrees to complete this Contract in accordance with the attached specifications and requirements, including any change. orders, A change order submitted by the Owner must be agreed upon by the Contractor and the Owner, and in the event of failure to so agree, the Owner may then proceed with any additional work in any manner the Owner may choose. A decision by the Owner to proceed to have work done by another party shall in no way relieve either the Contractor or Owner of this Contract and neither will such action be cause for collection of damages by either party to the contract, one from the other. Only the Owner Councilor designated Contracting Officer with delegated contracting authority can authorize extra (and/or changed) work and compensation. Such authorization must be in writing. The parties expressly recognize that City personnel are not authorized to order extra (and/or) changed work or to waive contract requirements or authorize additional compensation, Failure of the Contractor to secure Owner authorization for extra work shall constitute a waiver of any and all claims or rights to adjustment in the contract price or contract time due to such unauthorized extra work and thereafter Contractor shall be entitled to no compensation whatsoever for the performance of such work. Contractor further expressly waives any and all right or remedy by way of restitution and quantum meruit for any and all extra work performed by Contractor without express and prior authorization of the Owner. 24. Contractor/Subcontractor Payment Obligations a. The Contractor is required to include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing this contract: i. A payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days out of such amounts as are paid to the Contractor by the City under such contract; [279C.580(3)(a)] and ii. An interest penalty clause that obligates the Contractor, if payment is not made within 30 days after receipt of payment from the City, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph (a)(i) above. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty ifthe only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City or contractor when payment was due. The interest penalty shall be: A. For the period beginning on the day after the required payment date and ending on the date on which payment of the amount is due made; and B. Computed at the rate specified in ORS 279C.515(2). [279C.580(3)(b)] b. The Contractor is further required to include in each of its subcontracts, for the purpose of performance of such contract condition. a provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to the standards of section a. above in each of its subcontracts and to require each of its subcontractors to include such clauses, in their subcontracts with each lower-tier subcontractor or supplier. [279C.580(4)] c. The Contractor shall not request payment of any amount withheld or retained in accordance with ORS 279C.580(5) until such time as the Contractor has determined and certified to the City that the subcontractor is entitled to the payment of such amount. [279C.570(1)]. d. A dispute between the Contractor and a subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to subsections (3) and (4) ofORS 279C.580 does not constitute a dispute to which the City is a party. The City shall not be included as a party in any administrative or judicial proceeding involving such a dispute. [279C.580(2)1 e. The Contractor shall make payment promptly, as due, to all persons supplying to the Contractor labor or material for the performance of the work provided for in the contract. [ORS 279C.505(1)(a)] The Contractor shall pay all contributions or amounts due the Industrial Accident Fund and the State Unemployment Compensation Fund from the Contractor or Subcontractor incurred in the performance of the contract. [ORS 279C.505(I)(b)] The Contractor shall not permit any claim or lien to be filed or prosecuted against the City and shall be fully responsible Ashland Municipal Airport 00505-1 Runway 12/30 Rehabilitation and P API Installation ,. Section 00505 Agreement for any lien or claim filed against the City on account of any labor or material furnished. [ORS 279C.505(1)(c)] The Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. [ORS 279C.505(I)(d)] f. Pursuant to ORS 279C.515(I), if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the Contract as such claim becomes due, the proper officer(s) representing the City may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. g. Pursuant to ORS 279C.515(2), if the Contractor or a first-tier subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580 (4) and ending upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest charged to the contractor or first-tier subcontractor on the amount due shall equal three times the discount rate on 90-day commercial paper in effect at the Federal Reserve Bank in the Federal Reserve district that includes Oregon on the date that is 30 days after the date when payment was received from the contracting agency or from the contractor, but the rate of interest may not exceed 30 percent. The amount of interest may not be waived. h. Pursuant to ORS 279C.515(3), if the Contractor or a subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. i. Pursuant to ORS 279C.5 I 5(4), the payment ofa claim in the manner authorized in this section does not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. j. Living Wage Rates: If the amount of this contract is $18,703 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. 25. Inspection and Acceptance Inspection and acceptance of all work required under this contract shall be performed by the Owner. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 26. Liquidated Damages Owner and Contractor recognize that time is of the essence of this Contract and that Owner will suffer substantial financial loss if the project work is not completed within the timeframe specified in Section (I) of the Public Improvement Contract. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by Owner if the project work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner two thousand dollars per day ($2000.00/day) for each and every day thai elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre-estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the Owner's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the Ashland Municipal Airport 00505-1 Runway 12/30 Rehabilitation and P API Installation ,. " Section 00505 Agreement Owner or any of its rights under this contract. The Owner may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 27. Liability, Indemnity and Hold Harmless Contractor warrants that all its work will be performed in accordance with generally accepted practices and standards as well as the requirements of applicable federal, state, and local laws, it being understood that acceptance of Contractor's work by Owner shall not operate as a waiver or release. The Contractor shall hold harmless, indemnify, and defend Owner, its officers, agents, and employees from any and all liability, actions, claims, losses, damages or other costs of whatsoever nature, including attorney's fees and witness costs (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity arising from, during or in connection with the performance of the work, actions or failure to perform actions, and other activities of Contractor or its officers, employees, subcontractors or agents, under this contract, including the professional negligent acts, errors, or omissions of Contractor or its officers, employees, subcontractors, or agents except liability arising out of the sole gross negligence of the Owner and its employees. The Contractor shall assume all responsibility for the work and shall bear all losses and damages directly or indirectly resulting to the Contractor, to the Owner, to the Engineer, and to their officers, agents, and employees on account of (a) the character or performance of the work, (b) unforeseen difficulties, (c) accidents, or (d) any other cause whatsoever. The Contractor shall assume this responsibility even if (a) fault is the basis of the claim, and (b) any act, omission or conduct of the Owner connected with the Contract is a condition or contributory cause of the claim, loss, damage or injury. Contractor waives any and all statutory or common law rights of defense and indemnification by the Owner. Such indemnification shall also cover claims brought against Owner under state or federal workers compensation laws, Contractor shall also defend and indemnify Owner from all loss or damage that may result from Contractor's wrongful or unauthorized use of any patented article or process, If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. Any specific duty or liability imposed or assumed by the Contractor as may be otherwise set forth in the Contract documents shall not be construed as a limitation or restriction of the general liability or duty imposed upon the Contractor by this section. In the event any such action or claim is brought against the Owner, the Contractor shall, if the Owner so elects and upon tender by the Owner, defend the same at the Contractor's sole cost and expense, promptly satisfy any judgment adverse to the Owner or to the Owner and the Contractor jointly, and reimburse the Owner for any loss, cost, damage, or expense, including attorney fees, suffered or incurred by the Owner. 28. Insurance. The Contractor shall provide and maintain during the life of this Contract the insurance coverage as described iit EXHIBIT C and Special Provisions of the Contract Documents. All costs for such shall be borne by the Contractor and shall be included in the contract price. In case of the breach of any provision of this section, the Owner may elect to take out and maintain at the expense of the Contractor such insurance as the Owner may deem proper. The Owner may deduct the cost of such insurance from any monies that may be due or become due the Contractor under this Contract. Failure to maintain insurance as provided is also cause for immediate termination of the Contract. Contractor shall furnish Owner certificates of insurance acceptable to Owner prior to execution by the Owner and before Contractor or any subcontractor commences work under this Contract. The certificate shall show the name of the insurance carrier, coverage, type, amount (or limits), policy numbers, effective and expiration dates and a description of operations covered. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to Owner's acceptance. If requested, copies of insurance policies shall be provided to the Owner. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Approval of the insurance shall not relieve or decrease the liability of the Contractor hereunder. 29. Bonds I Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (I) Performance Bond and (2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of Ashland Municipal Airport 00505-1 Runway 12130 Rehabilitation and PAPI Installation Section 00505 Agreement all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 10% of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor, The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). 30. Two-Year Warranty a, In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner salisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warranty period. The one-year warranty period shall, with relation to such required repair, be extended one year from the dale of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 31. Nondiscrimination in Labor No person shall be subject to discrimination in the receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, marital status, age, sexual orientation or national origin. Contractor shall comply with provisions of Owner's Equal Opportunity Policy and comply with ORS Chapter 659 and ORS Chapter 659A relating to unlawful employment practices and' discrimination by employers against any employee or applicant for employment because of race, religion, color, sex, national, origin, marital status or age if the individual is 18 years of age or older. Particular reference is made to ORS 659A.030, which states that it is unlawful employment practice for any employer, because of the race, religion, color, sex, national origin, marital status or age if the individual is 18 years or older or because of the race, religion, color, sex, national origin or age of any other person with whom the individual associates, or because of a juvenile record that has been expunged pursuant to ORS 419A.260 and ORS 419A.262 of any individual, or to refuse to hire or employ or to bar or discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment. Any violation of this provision shall be considered a material violation of the Agreement and shall be grounds for cancellation, termination, or suspension in whole or in part. Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPI Installation 00505-1 Section 00505 Agreement 32. Construction Debris and Yard Waste Contractor shall salvage or recycle construction and demolition debris, iffeasible and cost effective. If the contract includes lawn and landscaping maintenance, Contractor shall compost or mulch yard waste material at an approved site, if feasible and cost effective. [ORS 279C.5IO] 33. Environmental Regulations Pursuant to ORS 279C.525(1), the following is a list of federal, state and local agencies which have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that may affect the performance of the contract. Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPI Installation 00505-1 Section 00505 Agreement Federal Al!encies: Agriculture, Department of Forest Service Soil Conservation Service Defense, Department of Army Corps of Engineers Energy, Department of Federal Energy Regulatory Commission Environmental Protection Agency Health and Human Services, Department of Housing and Urban Development, Department of Solar Energy and Energy Conservation Bank Interior, Department of Bureau of Land Management Bureau of Indian Affairs Bureau of Mines Bureau of Reclamation Geological Survey Minerals Management Service U.S. Fish and Wildlife Service Labor, Department of Mine Safety and Health Administration Occupational Safety and Health Administration Transportation, Department of Coast Guard Federal Highway Administration Water Resources Council Sanitary Districts Water Districts Fire Protection Districts Historical Preservation Commissions Planning Commissions State Al!encies: Administrative Services, Department of Agriculture, Department of Columbia River Gorge Commission Consumer & Business Services, Department of Oregon Occupational Safety & Health Division Energy, Department of Environmental Quality. Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission Parks and Recreation, Department of Soil and Water Conservation Commission State Engineer State Land Board (Lands, Division of State) Water Resources Department Local Aeencies: CITY of ASHLAND City Council City Councils County Courts County Commissioners of Jackson County, County Service Districts Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPI Installation 00505-1 Section 00505 Agreement If the Contractor awarded the project is delayed or must undertake additional work by reason of existing ordinances, rules or regulations of agencies not cited above or due to the enactment of new or the amendment of existing statutes, ordinances, rules or regulations relating to the prevention of environmental pollution and the preservation of natural resources occurring after the submission of the successful bid, the Owner may: (a) Tenninate the contract; (b) Complete the work itself; (c) Use non-Owner forces already under contract with the Owner; (d) Require that the underlying property owner be responsible for cleanup; ( e) Solicit bids for a new contractor to provide the necessary services; or (I) Issue the contractor a change order setting forth the additional work that must be undertaken. The solicitation documents make specific reference to known conditions at the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified above. If Contractor encounters a condition not referred to in the solicitation documents, not caused by the successful bidder and not discoverable by a reasonable pre-bid visual site inspection, and the condition requires compliance with the ordinances, rules or regulations enacted by the governmental entities identified above, the successful bidder shall immediately give notice of the condition to the contracting agency. Except in the case of an emergency and except as may otherwise be required by any environmental or natural resource ordinance, rule or regulation, the Contractor shall not commence work nor incur any additional job site costs in regard to the condition encountered and described in subsection (3) of this section without written direction from the contracting agency. Upon request by the Owner, the Contractor shall estimate the emergency or regulatory compliance costs as well as the anticipated delay and costs resulting from the encountered condition. This cost estimate shall be promptly delivered to the contracting agency for resolution. Within a reasonable period of time following delivery of an estimate of this section, the Owner may: (a) Tenninate the contract; (b) Complete the work itself; (c) Use non-Owner forces already under contract with the Owner; (d) Require that the underlying property owner be responsible for cleanup; (e) Solicit bids for a new contractor to provide the necessary services; or (I) Issue the contractor a change order setting forth the additional work that must be undertaken. If the Owner chooses to tenninate the contract under either subsection(a) of this section, the Contractor shall be entitled to all costs and expenses incurred to the date of termination) including overhead and reasonable profits, on the percentage of the work completed. The Owner shall have access to the contractor's bid documents when making the contracting agency's detennination of the additional compensation due to the contractor. If the contracting agency causes work to be done by another contractor under either subsection (c) or (e) above, the initial contractor may not be held liable for actions or omissions of the other contractor. The change order under either subsection (I) of this section shall include the appropriate extension of contract time and compensate the contractor for all additional costs) including overhead and reasonable profits) reasonably incurred as a result of complying with the applicable statutes, ordinances) rules or regulations. The Owner shall have access to the contractor's bid documents when making the contracting agency's determination of the additional compensation due to the contractor. Notwithstanding the above. the Owner has allocated all or a portion of the known environmental and natural resource risks to a Contractor by listing such environmental and natural resource risks with specifiOwner in the solicitation documents; and 34. Waiver The failure of the Owner to enforce any provision of this contract shall not constitute a waiver by the Owner of that or any other provision. Owner shall not be precluded or estopped by any measurement, estimate or certificate made either before or after completion and acceptance of work or payment therefore, from showing the true amount and character of work perfonned and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or incorrectly made) or that work or materials do not conform in fact to the Contract. Owner shall not be precluded or estopped, notwithstanding any such measurement, estimate or certificate, or payment in accordance therewith, from recovering from the Contractor and their Sureties such Ashland Municipal Airport 00505-1 Runway 12/30 Rehabilitation and P API Installation '. ,. Section 00505 Agreement damages as it may sustain by reason of their failure to comply with terms of the Contract, or from enforcing compliance with the Contract. Neither acceptance by Owner, or by any representative or agent of the Owner, of the whole or any part of the work, nor any extension of time, nor any possession taken by Owner, nor any payment for all or any part of the project, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other breach. 35. Errors The Contractor shall perform such additional work as may be necessary to correct errors in the work required under this contract without undue delays and without additional cost. 36. Governing Law The provisions ofthis contract shall be construed in accordance with the laws of the State of Oregon and ordinances of the CITY of ASHLAND, Oregon. Any action or suits involving any question arising under this contract must be brought in the appropriate court in Jackson County Oregon. If the claim must be brought in a federal forum, then it shall be brought and conducted in the United States District Court for the District of Oregon. 37. Severability If any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held invalid. 38. Attorney's Fees Ifa suit or action is filed to enforce any of the terms of this contract, the prevailing party shall be entitled to recover ITom the other party, in addition to costs and disbursements provided by statute, any sum which a court, including any appellate court. may adjudge reasonable as attorney's fees. Any mediation or arbitration costs shall be split equally between the parties.. 39. Business License The Contractor shall obtain a CITY of ASHLAND business license as required by Owner Ordinance prior to beginning work under this contract. The Contractor shall provide a business license number in the space provided in this contract. 40. Notices/Bills/Payments All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: Owner: CITY ADMINISTRATOR CITY of ASHLAND 20 East Main Street ASHLAND, OR 97520 541.552-2100 Contractor: Ashland Municipal Airport Runway 12/30 Rehabilitation and P API Installation 00505-1 Section 00505 Agreement and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 41. Contlict ofInterest Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would contlict in any manner or degree with the perfonnance of its services. The Contractor further covenants that in the perfonnance of this contract no person having any such interest shall be employed. 42. 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 WRIITEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. BY ITS SIGNATURE, CONTRACTOR ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDlTlONS. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K A TT ACHMENTS: EXHIBITS A-J STANDARD TERMS AND CONDITIONS FOR PUBLIC IMPROVEMENT CONTRACTS COMPLIANCE WITH APPLICABLE PUBLIC CONTRACT LAW INSURANCE REQUIREMENTS INDEPENDENT CONTRACTOR CERTIFICATION BONDS (pAYMENT AND PERFORMANCE) CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF COMPLIANCE RELEASE OF LIENS AND CLAIMS CERTIFICATE OF FINAL COMPLETION KNIFE RIVER MATERIALS BID SCHEDULE CONNECT OREGON III GRANT AGREEMENT Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPIlnstallation 00505-1 Section 00505 Agreement EXHIDIT B COMPLIANCE WITH APPLICABLE LAW PUBLIC IMPROVEMENT CONTRACT This exhibit contains the requirements for public contracting as set forth in ORS Chapter 279C.360 through and including 279C.SOO and is available through the City Engineering Department at 51 Winburn Way, Ashland Oregon or online at www.le!!.state.or.us/ors Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPllnstallation 00505-1 , Section 00505 Agreement EXHIBIT C PUBLIC IMPROVEMENT CONTRACT INSURANCE REQUIREMENTS To: Insurance Agent. Please provide Certificates of Insurance to the Project Manager. During the term of the contract, please provide Certificates of Insurance prior to each renewal. Insurance shall be without prejudice to coverage otherwise existing. During the term of this contract, Contractor shall maintain in force at its own expense all insurance noted below: Workers Compensation insurance in compliance with ORS 656.017. All employers, including Contractor and any subcontractors, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656. I 26. Contractor shall ensure that each of its subcontractors complies with these requirements. Commercial General Liability insurance on an occurrence basis, with a combined single limit of not less than. $ I ,000,000 or D $3,000,000 for each occurrence of bodily injury, personal injury and property damage. It shall include coverage for broad form contractual liability; broad form property damage; personal and advertising injury; owners and contractor protective; premises/operations; and products/completed operations. Coverage shall not exclude excavation, collapse, underground, or explosion hazards. Aggregate limits shall apply on a per-project basis. . Required by City P.M. D Not required by City By: (Mayor signature required) Mayor Commercial Automobile Liability insurance with a combined single limit, or the equivalent of not less than. $ I ,000,000 or D $3,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired and non-owned vehicles. "Symbol One" coverage shall be designated. . Required by City P.M. D Not required by City By: (Mayor signature required) Mayor o Builders Risk (Check here if required) insurance during construction to the extent of 100 percent of the value of the work for the benefit of the parties to the Contract as their interest may appear. Coverage shall also include: (I) formwork in place; (2) form lumber on site; (3) temporary structures; (4) equipment; and (5) supplies related to the work while at the site. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days written notice from the Contractor or its insurer(s) to the City. This notice provision shall be by endorsement physically attached to the certificate of insurance. Additional Insured. For general liability insurance and automobile liability insurance the City, and its agents, officers, and employees will be Additional Insureds, but only with respect to Ashland Municipal Airport Runway 12/30 Rehabilitation and P API Installation 00505- I . Section 00505 Agreement Contractor's services to be provided under this contract. This coverage shall be by endC!rsement physically attached to the certificate of insurance. The Contractor shall defend, indemnify, and hold hannless, the City and the City's officers, agents, and employees against any liability that may be imposed upon them by reason of the Contractor's or subcontractor's failure to provide workers' compensation and employers liability coverage. Certificates of Insurance. Contractor shall furnish insurance certificates acceptable to City prior to commencing work. The certificate will include the deductible or retention level and required endorsements. Insuring companies or entities are subject to City approval. If requested, copies of insurance policies shall be provided to the City. Contractor shall be responsible for all deductibles, self-insured retention's, and/or self-insurance. Ashland Municipal Airport Runway 12/30 Rehabilitation and PAP I Installation 00505-1 , Section 00505 Agreement EXHffilT D CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR Entity NOVEMBER 10, 2010 CORPORATION CERTIFICATI below, and certifY under penalty. erjUl~J.h it' LTM, INCORPORATED DBA KNIFE RIVER MATERIALS Date Independent Contractor Standards. As used in various provisions of ORS Chapters including but not limited to 316, 656, 657, and 701, an individual or business entity that performs labor or services for remuneration shall be considered to perform the labor or services as an "independent contractor" if the standards ofORS 670.600 are met. Contractor and Project Manager certifies that the Contractor meets the following standards: I. Contractor is free from direction and control over the means and manner of providing the labor or services, subject only to the specifications of the desired results. 2. Contractor is responsible for obtaining all assumed business registrations or professional occupation licenses required by state law or local ordinances. 3. Contractor furnishes the tools or equipment necessary for the contracted labor or services. 4. Contractor has the authority to hire and fire employees to perform the labor or services. 5. Payment to the Contractor is made upon completion of the performance or is made on the basis of a periodic retainer. 6. Contractor is registered under ORS chapter 70 I, if the Contractor provides labor or services for which such registration is required. 7. Contractor has filed federal and state income tax returns in the name of the business or a business Schedule C as part of the personal income tax return, for the previous year, for labor or services performed as an independent contractor in the previous year. 8. Contractor represent to the public that the labor or services are to be provided by an independently established business as four or more of the following circumstances exist. (Check four or more of the following:) X A. The labor or services are primarily carried out at a location that is separate from Contractors residence or is primarily carried out in a specific portion of Contractors residence, which is ~et aside as the location of the business. Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPllnstallation 00505-1 , Section 00505 Agreement ~ B. Commercial advertising or business cards are purchased for the business, or Contractor has a trade association membership. ~ C. Telephone listing is used for the business that is separate from the personal residence listing. Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPI Installation 00505-1 I' " Section 00505 Agreement ~ D. Labor or services are performed only pursuant to written contracts. --X- E. Labor or services are performed for two or more different persons within a period of one year. X F. Contractor assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. If any action is taken by a person or enforcement agency relating to Contractor's independent contractor status in connection with this contract, Contractor shall defend, hold harmless and indemnify the CITY of ASHLAND , its elected and appointed officials, employees, volunteers and agents from any such action, claim, judgment, fine, peualty, or order to pay. Contractor shall pay any additional costs incurred by the City in defending such action or incurred as a result of such action. This inde Ication is in addition t y indemnification otherwise in this agreement. NOVEMBER 10,2010 ontractor Signature Date' Project Manager Signature Date 'Ashland Municipal Airport Runway 12/30 Rehabilitation and PAPllnstallation 00505-1 . . E.~'~,T ~ Bidder: Section 00410 Revised Bid Schedules RUNWAY 12/30 REHABILITATION AND PAPI INSTALLATION AT ASHLAND MUNICIPAL ArRPORT LTM, IRCIlIIpOr8ted dba AlP NO. 3-41-0002-008 Knife RIw!r Matellals an MOO ........,......, <''''''I''"''' BASIC BID A: AIRPORT IMPROVEMENTS Tech. Approx. Item No. Provo Description Qty. Unit Unit Price Total Price A-I A-I05 Mobilization I LS 17,1./ i5'i<- :n.,/Ic,.r.: A-2 A-lID Constmction Survey I LS :2 e.=c""- Ze.,o<:>o- A-3 A-IOI FOD Prevention Coutrol I LS /6. (,1(Jr'J,f= . is DW.'" A-4 A-100 Operational Safety on Airports 1 LS "'- During Construction '7.<;,000 '2";,000- A-5 A-103 Contractor Quality Control 1 LS (.,00='" Coo 000- A-6 A-I02 Portable Runway Closllre Marker 2 SA li1 0.0.:;- ~r;.lQa.o- A-7 P-156 Gravel Construction Enlrance I EA 1 ",&.::I~ l':."",,- A-8 P-I56 Inlet Protection 5 EA \so"'" ,50- A-9 P-I56 Silt Contl'Ol Fellce 8,000 LF ,~ 1'-1. 00-0- A-IO P-156 Check Dam 10 EA '\.06'0 I 100- A-II P-152 Stripping 5.5 AC I S;;:oo'" 291':>0- A-12 D-701 6 Inch Comtgated HOPE Pipe 330 LF Is o~ "1.9""-0 A-13 0-705 6 Inch Petforated HOPE Underdrain 6,830 LF 1000 b~,3=- A-14 0-751 Catch Basin, Type G-2 6 EA \>5=0"" "1<:>00- A-IS P-152 Unclassified Excavation 3,330 CY 1'5~ 49 ""-;;0- A-16 P-152 Unsuitable Excavation 100 CY la 2!L J 000.0.... A-17 P-698 Stabilization Fabric 13,100 SY l~ 1-.:. 100- A-IS 0-709 Quarry ~alls 200 TN lio~ '3oz.oo- A-19 P-152 Im.Qorled Borrow 800 CY Ib~o 1'2 800. A-20 P-152 Subgrade Preparation 13.500 SY :y;.. \~ ZO 'Z.o;;."'- A-21 P-152 Subgrade Preparation - Additional 3,500 SY '2-se. Depth '10=- A-ll P-IOI Asphalt Surface Milling & Disposal 19,400 SY l~ \9 000- A-23 P-IOI Aspbalt Pavement Sawcutting 3,800 LF 0':; z, ~o;;o- A-24 P-IOI Asphalt Pavement Removal & 13,030 SY ?,~ Di~sal "IS IOO'S - A-25 P-154 Subbase Course 3,190 CY ~oQO 9S,"1=- A-26 P-209 Crushed Aggregate Top Course 1,575 CY '1.. CO '1'1. OZo;; - A-27 T-909 Under Pavement Herbicide 13,030 SY C)~ '2" 0,"- A-28 P-603 Bituminous Tack Coat 8 TN Ie!:. e.- A-29 P-401 Bituminous Surlace Course 6,500 TN Boca 5ZD.oO<:>- A-30 P-620 Pavement Marking 7,700 SF I~ 12., '1<><;0 - A-31 T-905 Topsoiline (Oblained On-Site) 1,000 CY 90:- 9000- A-32 T -902 Hydroseeding 5.5 AC ),'100. 10, ~so - I AsWand Municipal Airport Runway 12130 Rehabilitation and PAPI Inslallation 00410-1 Addendum I Tech. Approx. Item No. Provo Description Qly. Unit Unll Price Total Price A-33 L-W8 No 4 A WG, 600 Volt L-824 Cable, 1,200 LF )~ Installed in Conduit Vt-'10 - A-34 L-IIO Electrical Duct Bank, (I) 2" PYC, 70 LF 00 910- concrete encased I~- A-35 L-IIO Electrical Conduit (1) 2" Pye, direct 300 LF '3~ '1laO - buried A-36 1-115 Electrical Handhole [4 II x 3 II x 3 Yo 2 EA ).'l9~~ ft, H-25 wheel loading] 3,960- A-37 L-1I5 Existing Electrical Junction Stl'Uclure 4 EA \9S s9- Base Can]Lowered -=te,::,- A-38 L-115 Existing Electrical Junction Structure 33 EA \9'5 Q9.. [Base Can] Raised Ib/'i~ - A-39 L-115 Electrical Junction Box, L-867 6 EA '2"'0;; ~ I <Dc:; 1) - A-40 L-125 P API light sets with adjustable baffles 2 EA '0 -;'1 -Zoo- for each light box, new, Installed 11-,/<10- A-41 L-125 Y ASI removed 2 EA ""2,e>,s .Q t"1<> - A-42 L-125 Runway Edge Light removed, 33 EA 1- o. salvaged, installed 0- '1.,::'10 - A-43 L-125 L-867/L868 Basecan Spacer, new, 60 EA l~ installed GoO- A-44 L-125 L-867/1868 Basecan Extension, new, 30 EA l~ installed ~- A-45 L-125 Electrical Miscellaneous 1 LS "2,"'1-3<;:. 'Z,-=i-3<::> TOTAL DASIC BID A Ii l/;:; Cfl!li. Section 00410 Revised Bid Schedules ~~~ Ashland Municipal Airport Runway 12i30 Rehabilitation and PAP I Installation 00410-2 Addendum I , . E)C.... .~I r- tc: Misc. Contracts and Agreements No. 27017 GRANT AGREEMENT ConnectOregon III MULTIMODAL TRANSPORTATION FUND PROGRAM 2010 RURAL AIRPORT FUND Construction, Runway Overlay, Precision Approach Path Indicator (PAPI) Installation ( THIS GRANT PROGRAM AGREEMENT, hereinafter referred to as "Agreement" Is made and entered into by and between the STATE OF OREGON, acting by and through Its Department of Transportation, hereinafter referred to as "ODOT:' and the City of Ashland, acting by and through elected officials, hereinafter referred to as "Recipient," hereinafter individually referred to as the' "Party" and collectively referred to as the "Parties." . RECITALS 1. By the authority granted In Oregon Revised Statute (ORS) 190.110, 366.572, and 366.576, state agencies may enter into agreements with counties, cities, and units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agenls h~ve the authority to perform. 2. By the authority granted in ConnectOregon Partnership - Program Administration Agreement No. 26593, between the Oregon Department of Aviation and ODOT, inCorporated herein and by this reference made a part hereof, ODOT may enter into this Agreement for Ihe performance of work on Projects. 3. Pursuant to ORS 367.080 through 367.086, there is established the Multimodal Transportation Fund, separate and distinct from the General Fund, allowing for the issuance of lottery bonds for the purpose of financing grants and loans to fund Transportation Projects to public bodies and private entities that Involve air, marine, rail or public.transit. The Multimodal Transportation Fund Program is focused on improving the connections between air, rail, madne and transit modes of tran'sportatlon to reduce tran~portation cOsts to businesses, remove key bottlenecks, and increase connectivil)l_ . 4. Pursuant 10 Enrolled House Bill 2001, Sections 9 and 10, The Oregon State Legislature authorized the Oregon Transportation Commission to allocate five . percent of the net proceeds from the $'100,000,000 lottery bond sale for the biennium beginning July 1, 2009. Five percent of the net proceeds of the $100,000,000 sale of lottery bonds are allocated to Rural Airports' In Section 1'0(1) of Chapter 865, OL 2009. . RecipientlODOT Agreement No. 27017 5. The receipt and use of Multlmodal Transportation Fund~ and the execution of thIs Agreement by Recipient are subject to conditions imposed by ORS 367.080 through . 367.086 and Oregon Administrative Rule (OAR) Chapter 731 Division 35. 6. The Oregon Transportation Commission approved the projects to be funded under the Multimodal Transportation Fund Program at its August 2010 meeting. The OTC has set specific conditions on all approved projects and the. Inability to meet these OTC conditions may result in a loss of project funding. Final approval for the Project is subject to meeting all the OTC conditions as stated below. 7. Safety is of paramount concern to ODOT. ODOT encourages Recipients of Connectoregon grant funds to have safety as a high priority for all phases of work. DEFINITIONS 1. The Multlmodal Transportation Fund Program also known as 'ConnectOregon" as set forth in ORS 367.060 and OAR Ch. 731, Div. 35, is a legislatively authorizeQ lottery-bond-based initiative to invest in air, rail, public transit, and marine transportati~n projects in Oregon. 2. Recipient, as defined In OAR 731-035-0020(19), means an Applicant that enters into Agreement with.ODOT to receive funds from the Multimodal Transportation Fund. 3. Connectoregon Oversight Committee is to be composed of <A) Connectotegon Program Manager, (8) Oregon Department of Aviation Administrator (ODA), (C) ODOT Chief-of Staff, (D) ODOT Freight Mobility representative, (El ODOT Region representative, (F). ODOT Rail Division Administrator. and (G) a non-agency representative, appointed by ODOTs Connectoregon Program Ma(lager to address the ConnectOregon Program and Project specific issues. NOW THEREFORE, the premises being general as stated in the foregoIng Recitals, it is agreed by and between the Parties hereto as follows: . TERMS OF AGREEMENT 1. Under such authority, ODOT and Recipient agree that Recipient shall overlay Runway.12/30; install PAPI; replace existing visual approach Indicator System with new Precision. Approach Path Indicator System at the Ashland Municipal Airport, hereinafter referred to as "Project... The location of the Project is approximately as descrIbed in the application, which is altached hereto by reference and made a part hereof. The anticipated date of completion for this Project Is July 31,2011. RecipienUDDOT Agreement No. 27017 2. The Project cost is estimated at $1,858,000, whIch Is subject to change. The Connectoregon III grant f4nds are limited to $92,900 or five (5) percent of the total federal grant eligible Project costs, whichever is less.' Eligible costs for this Project will be reimbursed at five (5) percent until the $92.900 limit is reached. ODOT will reimburse Recipient for five (5) percent of the invoiced federal grant Project costs, which are approved and reimbursed by the Federal Aviation Administration (FAA), at FAA's proportional share, for grants received on or after July 1. 2009 and before July 1, 2011. if the Project is not completed in accordance with, or consistent with, the Application No. 2010-RA-061, and documents provided by the Recipient to ODOT prior to the execution of the Agreement, incorporated by reference into this Agreement. and this Agreement, as.they each may be amended, Recipient shall pay' back all of the Connectoregon III grant funds 10 ODOr. Any funds disbursed but not used for Ihe approved Project must be retumed to ODOT. 3. The term of this Agreement is effective on the date all required signatures are obtained and shall terminate five (5) years from the. date of execution unless extended by a fully executed amendment. This Agreement will expire and grant funds will be terminated and redistributed .by the Oregon Transportation Commission if this Project Agreement is not.executed within one-hundred-eighty (180) days of the Oregon Transportation Commission's grant award dale. RECIPIENT OBLIGATIONS 1. Recipient shali perform the work dllscribed in Terms of Agreement, Paragraph number 1 above. 2. Recipient shall comply with all requirements of ORS 367.080 through ORS 367.086 and Oregon Administrative Rule (OAR) Chapter 731, DivIsion 35. 3. Recipient shall submit to ODOTs Project Liaison for review and approval. monthly invoices for approved eligible costs. Recipient shall also submit monthly progress reports by lhe fil1;t Wednesday of each month. a. The invoice must adhere to generally accepted accounting principals and will . identify the Project, Agreement number, the Project start and end date, the invoice number or the account number or both, and will itemize all expenses as well as provide a detailed breakdown of funds expended to date and dollars remaining. . . b. The monthly progress report will be prepared using the, COnnElctoregon Rural Airports Monthly Progress Report (Form 734-2816) attached hereto by reference and made a part of this Agreement, and will be submitted to the ODOT Project Liaison and the ODOT Connectoregon Progn;lm Manager, the first Wednesday " Reclpient/ODOT Agreement No. 27017 of each month. The fillable form can be downloaded on-line at the following address: . htlp;/Iwww.oreQon.Qov/ODOTIHWY/LGS/online.shtml c. Key Milestones for this Project are: I. Project start date: il. Project completion date: April 30, 2011 July 31, 2011 d. If the Recipient anticipates the Project key milestones will be delayed by more than ninety (90) days from the key milestones shown above, Recipient shall submit a Request for Change Order (Form 734-2819) to the ODOT's Project Liaison as soon as Recipient becomes aware of any possible delay. The Request for Change Order must be submitted prior to the milestone completion date shown in paragraph 2cil above. The fiIIable form can be downloaded on-line at the following address: htlp:/Iwww.oreClon.Qov/ODOTIHWY/LGS/onllne.shtml. Any changes to the Project delivery schedule must be approved by the ConneclOregon Oversight Committee prior to execution of an amendment to this Agreement. The ConneclOregon Oversight Committee may choose to request review by the Oregon Transportation Commission. A Request for Change Order may be rejected at the discretion of the OverSight Committee. . e. Recipient understands that no changes to the Project scope will be allowed. f, Recipient's obligation to maintain and operate the Project will survive termination of this Agreement. 4. Recipient shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement; including, without limitation, the applicable provisions of ORS 279A, 279B and 279C. as applicable, incorporated herein by reference 'and made a part hereof. Without limiting the generality of the foregoing, Recipient expressly agrees to comply with (I) Title VI of Civil Rights 'Act of 1964; (ii) Title V and Section 504 of the Rehabilitation' Act of 1973; (Iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 5. Recipient shall. to the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, indemnify, defend., save, and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Oregon Department of Transportation, Its officers and employees from any and all claims, suits, or action of RecipienUODOT Agreement No. 27017 any nature arlsing out of activities of Recipient, its consultant, its contractor, its officers, subcontractors, agents, or employees under this Agreement. If Recipient is a local public agency, then Recipient's totalliabilily shall not exceed the tort claims limits providing In the Oregon Tort Claims Act, ORS 30.260 and 30.300 for 'local public bodies.' B. Notwithstanding the foregoing defense obligations in the paragraph above, neither Recipient nor any attorney engaged by Recipient shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the.plior written consent of the Oregon Attorney Generql. The State of Oregon may, at anytime at its election assume its own defense and settlement i[l the event that It determines that Recipient is pro~ibited from defending the State of Oregon, or that Recipient Is not adequately defending the State of Oregon's interests, or that an Important governmental principle is at issue or that it is In the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims It may have against Recipient If the State of Oregon elects to assume its own defeflse. 7. Recipient acknowledges and agrees that ODOT, the Oregon SecretaI)' of State's Office, the federal government, and their duly authorized representatives shall have access to the books, docUments, papers, and records of Recipient which are dlre\,lIy pertinent to this Agreement for the purpose of making audit, examination, excerpts, and tr:anscrlpts for a period of six (6) years alter final payment. Copies of applicable records will be made available upon request. Payment for costs of copies is reimbursable by the requesting Party. 8. If Recipient enters into a construction contract for performance. of work on. the !'roJect, thell Recipient will require Its Contractor to provide the following: a. Contractor shall indemnify,' defend and hold harmless ODOT from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any. nature whatsoever resulting from, arising out of, or relating to the activities of Contractor or its officers, employees, subcontractors, or agents under the resulting contract. b. COJitractor and recipient shall name ODOT as a third party beneficiary of the resulting contract. c. Commercial General Uabllity. Contractor shall obtain, at Contractor's expense, and keep in effect dUring the ierm of the resulting contract, Commercial General Uability Insurance covering bodily Injury, and property damage In a form and with coverages that are satisfactory to ODOT. This ,j ,( RecipienUODOT Agreement No. 27017 insurance will include personal and advertising injul)' liability. products and completed operations. Coverage may be written in combination with Automobile Liability Insurance (wit~ separate limits). Coverage will be written on an occurrence basis. If written in conjunction with Automobile Liability the combined single limit per occurrence wili not be less than $ 1,000;000 for each job site or location. Each annual aggregate limit will not be. Jess than $2,000,000. d. Automobile Liability. Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the resulting contract, Commercial Business Automobile Liability Insurance covering all owned, non-owned, or hired vehicles. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits). Combined single limit per occurrence will not be iess than $1,000,000. e. Additional Insured. The liability. insurance coverage, except Professional Liability, Errors and Omissions,. or Workers' Compensation, if included, required for performance of Ihe contract will include ODOT and its divisions, officers and employees as Additional Insured but only with respect to Contractor's activities to be performed under the resulting contract. Coverage wili be primal)' and non-contributol)' with any other Insurance and self- insural)ce. f. Notice of Cancellation or Change. There will be no cancellation, material change, potential exhaustion of aggregate limits Dr non-renewal of insurance coverage(s) without thirty (30) days Written notice from Contractor's' or its insurer(s) to ODOT. Any failure to comply with the reporting provisions of this clause will constitute a material breach .of contract and will be grounds for immediate termination of the resUlting contract. 9. Recipient, and its Contractors, shall work as independent contractors and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited 10, retirement contributions, workers' compensation, unemployment .taxes, and state and federal income tax wlthholdings. 10.AII employers, including Recipient, that employ subject workers in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Recipient shall ensure that each of its subcontractors complies with these requirements. ~ ReclpienllODOT Agreement No. 27017 11. Recipient shall, upon execution of this Agreement and as a condition to this Agreement, complete and file with the appropriate County' Clerk, Exhibit A, "Acknowledgment of ODOT Assistance" or the filing of a memorandum of this Agreement, Including Acknowledgment of ODOT Assistance. Recipient shall provid~ confirmation of this filing by fOlwarding to ODOT's ConnectOregon Program Manager a notarized copy of the recorded Exhibit A. By meMs of said acknowledgment of Recipient's financial obligations, the continued use of said property for public purposes, and the maintenance of the facility or service at a ievel consistent with normal depreciation'or demand or both is recognized and attached to the property as conditions. Any interest In said property by ODOT is proportional to the state participation In Project. While in default of conditions of this Agreement. Recipient will be ineligible to receive state funds from any ODOT -administered program for any project on a street. road or properly. The Acknowledgment of ODOT Assistance shall remain in place for the useful life of the Project. The useful life of the Project is defined as twenty (20) years: Reimbursement to ReCipient will not be made until a copy of the recorded Exhibit A has been forwarded to the ODOT. Project Liaison. 12.Recipient and ODOT's Project Liaison shall, upon completion of all on-site work for the Project, perform an on-site review. Once review is completed, the ODOT Project Liaison shall recommend acceptance of the Project by signing the Connectoregon Rural Airport "Recommendation 'of Acceptance" (Form 734-2817), which will be signed by the ODOT Project Liaison and Recipient and is hereby Incorporated by reference. The full text of the above referenced exhibit may be reviewed and downloaded at the following web address: htlp://www.oreQon.Qov/ODOT/HWY/LGS/online.shtml 13. Recipient shall, at its own expense: maintain and operate ihe Project upon completion and throughout the useful life of the .project at a minimum level that is consistent with normal depreciation or service demand or bot!). ODOT and Recipient agree that the useful life of this Project is defined as twenty (20) years. Recipient has, by submitling Its application for this ConnectOregon III grant, represented and certified to sufficient funds and to i~ ability to operate and maintain the' Project. ODOT may conduct periodic inspections following the execution of this Agreement to verify that Project is being properly maintained and continues to serve the . purpose for which Connectoregon III grant funds were provided. 14. Maintenance responsibilities and potential ODOt inspections of the Project shall sUlyive any termination of this Agreement. 15. Recipient certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf qf Recipient, . ReciplentlODOT Agreement No. 27017 under the direction or approval of its governing body, commission, board, officers, members, or representatives, and to legally bind Recipient and shall provide ODOT proof of such authority upon request. 16.Reclpient's Project Manager is Scott A. Fleury, 20 East Main St, Ashland, OR, 97520; 541-552-2416; fleurys@ashland.or.us, or assigned designee upon individual's absence. ODOT's Project Liaison and ODOT's ConnectOregon Program Manager shall be notified In writing of any contact information changes during the lerm of this Agreement. ODor OBLIGATIONS 1. Based upon the ConnectOregon III Rural Airport Program grant fund allocation ailowed, ODOr agrees to pay Recipient $92,900, or five (5) percent of Ihe total eligible Project costs, whichever Is less. Eligible costs for this Project will be reimbursed at five (5) percent until the $92,900 limit is reached. 2. ODOT shall, upon receipt of a monthly Invoice and updated monthly progress report on the Project schedule, review for approval and make payment to Recipient for approved eligible costs, 3. This Agreement is contingent upon issuance and sale of lottery bonds sufficient to fund this Project. The Agreement is effective and work may begin upon execution of this Agreement, but ODOT's obligation to make Project payments is contingent upon the issuance and ~ale of lottery bonds by the State Treasurer. - 4. ODOT shall monitor the Project for compliance and notify Recipient in writing if it appears Recipient is failing to comply with Multimodal Transportation Fund Program requirements as specified In ORS Chapter 367; OAR Chapter 731, Division 35, the terms of this Agreement, Recipient's application and documents provided by the Recipient 10 ODOT prior to the execution of the Agreement. 5. ODOr may impose sanctions against Recipient for failing to comply with the requirements governing the Mulllmodal Transportation Fund Program. Before imposing sanctlons, ODOT will send a notice tQ cure to Recipient if Recipient falls to comply with Program requirements. 'ODOT will allow fifteen (15) days from the date the notice to cure is sent for Recipient to respond and correct the deficiencies noted. Thefollowing circumstances may warrant sanctions: . a. Work on the approved Project has not been substantially initiated within six (6) months of the effective date of this Agreement or if qontinuous progress on the Project has not been maintained for six (6) months; . ReciplentlODOT Agreement No. 27017 b. State of OregQn statutory requirements have not been met; c. There is a significant deviation from the terms and conditions of this Ag'reement or representations of Recipient's application and documents provided by the Recipient to OOOT prior to the execution of the Agreement; d. Significant corrective actions have been found, to be necessary to protect the Integrity of the funds for the approved Project. and those corrective actions are not, or will not, be made within a reasonable time; e. Key Milestones shown in the Project schedule are delayed by more than ninety (90) days; f. Failure to submit monthly progress reports as required in Recipient Obligations, Paragraph number 2. 6. One or more of the following sanctions may be imposed If the circumstances listed above are not remedied within the time specified in the notice to cure: a. Revocation of an existing award; b. Withholding of unexpended funds; c. The return of unexpended funds'or repayment of expended funds; d. The barring of Recipient from applying for future assistance; or e. Other remedies that may be incorporated into this Agreement. 7. The remedies set forth In this Agreement are cumulative, are not exclusive, and are In addition to any other rIghts and remedies provided by law or under this Agreement. ' B. ODOT's Project Liaison and Recipient shall, upon completion of all on-site work for Project, perform an on-site review., Once review is completed, the ODOT Project Liaison shall recommend acceptance of the Project by signing the Connectoregon Recommendation of Acceptance (Form 734-2817), which will be signed by the ODOT Project Liaison and Recipient. Upon receipt of signatures by the Parties the ODOT Project Liaison shall forward the original signed copy to the ODOT Connectoregon Program Manager. , . r- 4: ~ .RecipienUODOT Agreement No. 27017 . 9. ODOrs ConnectOregon III Project liaison is Randl Kobernlk, Local Government Section, 355 Capitol St. NE, Salem, OR 97301-3871, 503.986.3734, randi.kobernik@odot.state.or.us, or assigned designee upon individual's absence. 10.0DOrs ConnectOregon III Program Manager is Carol Olsen, Local Government Section, 355 Capitol St. NE, Salem, OR 97301-3871~' 503.986.3327, caro/.a.o/sen@odot.state.or.us. or assigned designee upon individual's absence. G.ENERAL PROVISIONS 1. This Agreement may be terminated effective upon delivery of written notice to Recipient, or at such later date as may be established by ODOT under any of the following conditions: a: If Recipient fails to perform any of the provisions 6f this Agreement, or so fails' to pursue the work as to endanger performance of t.his Agreemeni' in accordance with ils terms, and within ten (10) days or such longer period as ODOT may authorize, after receipt of written notice from ODOT, fails to correct such failures. b. The Legislature fails 'to approve, reduces, eliminates or otherwise interferes with appropriations of state expenditure limitation to the extent that legal authority Is insufficient to enable ODOT, in ils reasonable discretion, to continue making payments under this Agreement. c. ODOT, the Department of Justice, or a court of competent jurisdiction determines that state law, rules, regulations, Qr guidelines are modified, changed, or interpreted in such a way ihat the acllvities described in Tenns of Agreement, Paragraph number one (1) are no longer allowable or no longer eligibleror funding proposed by this Agreement. , 2. ODOT may. impose one or more of the sanctions described under ODOT Obligations, Paragraph number six (6), without prior notice and without opportunity to cure, in the event ODOT determines: a. Statements, information, or representations in the ConnectOregon III 'application and .documents provided by the Recipient to ODOT prior to the execution of the Agreement for this Project were false, misleading, fraudulent or misrepresentations; or . b. There has been a change in circumstances so that information provided in ihe application and documents provided by the Recipient to ODOT prior to the execution of the Agreement, and relied upon in making the grant or loan, or .. " , ReciplenVODOT Agreement No. 27017 representations concerning considerations In the selection of this Project for Connectoregon III, pursuant to OAR 731-035-0060, are no longer true or accurate. 3. Recipient may terminate this Agreement effective upon delivery of written notice to ODOT under any of the following conditions: a. ODOT fails to make payments due under this Agreement, or b. ODOT fails to perlorm any of the provisions 01 this Agreement, or so fails to pursue the work as to endanger perlormance of this. Agreement In accordance with its terms, 'and within ten (10) days or such longer period as Recipient may authorize, after receipt of written notice from Recipient, fails to correct such failure. 4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. . 5. ODOT and Recipient are the only Parties to this Agreement and, as such, are the only Parties entitled to enforce Its terms. Nothing in this. Agreement gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to third persons unless such third persons are expressly identified by name and specifically described as inlended to. be beneficiaries of its terms. 6. ODOT and Recipient hereto agree that if any term or provision of this Agreement Is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or In conflict with. any law, the yalidity of the remaining terms and provisions will not be affected, and the rights and obligations of the Partie~ shall be construed and enforced as if the Agreement did not contain the particular term or proviSion held to be invalid. 7a.The laws of the State of Oregon (without giving effect to its conflicts of law principles gove~ all matters .arising out of or relating to this Agreement, including, without limitation,. its validity, Interpretation, construction, performance, and enfprcement. b.Any Party bringing a legal action or pro,ceeding against any other party arising out of or relating to this Agreement shall bring the iegal action or proceeding i'n the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such cowrt, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. c. Notwithstanding subsection (b), if a claim must be brought in a federal forum, then It must be brought and adjudicated solely and .exclusively within the United Slates .. ~~ ~ RecipienVODOT Agreement No. 27017 District Court for the District of Oregon. This section applies to a claim br.ought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon's sovereign immunity and is not consent by the State of Oregon to be sued in federal court, This section is also not a waiver by the State of Oregon of any form of immunity, Including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. B. This Agreement may be executed in several counterparts (facsimile or othelWise) ali of Which when taken together shall constitute one agreement binding on all Parties, notwithstanding thai all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 9. This Agreement, Project application and documents provided by the Recipient to ODOT prior to the execution of the Agreement, and attached exhibit constitute the entire agreement between the Parties on the subject mailer hereof. In the event of a conflict, the body of this Agreement and the attached Exhibit A will control over the Project application and documents provided by the Recipient to ODOT. TjJere are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver. consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of either Party to enforce any provision of this Agreement shall. nl~t cOnstitute a waiver by that Party of that or any other provision. THE PARTIES, by execution of this Agreement. hereby acknowledge that each Party has read this Agreement, understands it, and agrees to be bound by Its . terms and conditions. The Oregon Transportation Commission on December 2B, 200B, approved Delegation Order No.2, which. authorizes the Director to approve and execute agreements for day- lo-day operations. Day-to-day operations Include those activities rl'lquired to Implement the biennial budget approved by the Legislature, including activities to execute a project In the Statewide Transportation Improvement Program. c' a. ~ .' .. -....."-- '...-., -.-. ......---.-.--. ". __ "_"_~_" u _._...,. ._. .. --...... _~ "_~n'~ -. -.- ,. R\lliip" ~erfflr.;OQ;t ;A"' '" .. r NO 210t'l .~.-..'. 'i'fle: ":0'-, "'-n m, '''Ii'', tlil,'ciitrd, ii1G:O'h\lll, ',ils, sf 011. III iilf; A"'-Si 2b10 ,'ea,'W "", ,",@ive,'~', 'Iil, I.!.. . (ElgII lip, . . l.\l!l.l.." . . .!TI". ...l1j)ll.Pff.... . . .,.Ii ~ll(!g@rt!adn: III' .lj?ri!dl~jipflCi$tlbii,1ISt iliJd dil!lil.talijilrilil~~ IQ. lllp,O.lri!,(jl\)t '9 'll1ll iQ'rsg9!l,~p;Mn~httWrmliiijlOrtiitUiiUti'Biiiilr liltQ)PtijJSCNi~~;~~an . , ;OIlY \OF }~Sfti.ANQi 'jlfll!iiiPit -ling ~f~taQ'f{fj" .~.:~.~Y ..\ill!J'll!l 'itliQl!91i lIS lilOOlelfOlllClills. ... :ffil -- Q : . .;~:Ii$" ..JtqIJ' ... .~~~......:1~ ..' ~ fr.Yf;)'" c.:/.......,.~ .-7~:r By",. ,._--"L... :D~~~ .;" .c"'::OlQt~ i;~(K: ;,( ~. 'e' . .' ..... ./1!/!,/~c <..) ," ,,'t ,f.... ..' ,. . .. ,.y..~,.~ :~;;.._.. jl.;..#~ mr/$' .APPROVAL RECOMMENoe ".Ni:~9~P.~~tQ~ B}\ , '" __'._. :::.~ .... ..' '$.~~~~~!;y:_ "';~~--k' ~lr GlW.et~rneJlL e~OnMQlja9!!r - Ja.Y'~~ Odl\li,:,/e ,(11. ./.c>- (C'. -.. . Rij\iI"lEifj'''''' lieI' .. ., .. ",~~, ~;~:.~.., . ' ~PR~~; [;Q' -l.GfI,liQf,fIQiEliJ~ {)I!t.~ !:l- ~~~ -- tI~ 1r~... . .Bli': ".~. "..' . ~'.4:.. :>t',,,",, ~ljIi~~l::lIf!lOf: ~illtl1aiifA'JiJel.Y: l11a~ml} I.~ . n .. nit>;'''i;;~'''''''''; "'. .-,,, ,(if' '1> . :f, 'c". :'!:(.'~!~~JJl.WI.'-l. '. ""ihw; ~~ -(- 'I.' L -"..._ .".' _~.. - .'.97;521)' .. . .~fji , us; ~~l@!!d~W;_) S..O......c"'"t8-4 . . . ,~'" . Fi'_i'''' . . . !- ---~------IJ~,:.~~~~L-._.._------,-----------_.._--~-_.._..__~_..._~_ ~~~!;~~~[l" . , ~~iilf'. 'n. __..____.. 'IJ!I. . '. , ..u -'-"7-.""~'. "..'..,... h..~ ___. .,_.....__._~,...___, .. .....-........._.__..... n.. ..' __.h.______._.___.____ .. u__...___.__.__.___.._..._._..____..._ .____......__. . \ " -". ;.- RecipientJODOT Agreement No. 27017 EXHIBIT A Agreement Number: 27017 Ap'pJlcatlon Number: 2010-RA-061 Project Name: Construction, Runway Overlay, Precision Approach Path Indicator (PAPI) Installation After recording, return to: ACKNOWLEDGMENT OF STATE ASSISTANCE The property and assets under the jurisdiction of City of AShl,md, were improved with assistance from the State of Oregon, Department of Transportation under an agreement executed between City of Ashland, and the Oregon Department of Transportation (ODOT) dated . Such assistance was provided to City of Ashland, in reimbursement of costs associated with the Construction, Runway.Overlay, Precision Approach Path Indicator (PAPI) Installation. The use and disposition of said property is subject to the tenns of the above noted Agreement, copies of which may be obtained from the Director of ODOT. By: Title: State of Oregon) County of SUBSCRIBED and SWORN to before me this day of ,20_ NOTARY PUBLIC FOR OREGON My commission expires: '. Section 00505 Agreement PERFORMANCE BOND any AND Contractor and City have entered into 'a written contract dated' July 1, 2010 . far the folJowina Droiecl: Runwav 12/30 Rehabilitation and P API Installation at Ashland Municinal Airilorl. Thiscoittract is further referred to in this bond as the Coniractand is incamorated into this bOJid bv this reference The conditions of this bond are: 1. If ContractOr' faithlUllv,~oiins the,Cal'tt\lciiriaccoi'darice .withthe lllans. sDeCifications and conditions.of thecoDtracl wftbijj\tie titlteprcscriliedbv ,the Contract as reiJoired by ORS 279C; 380 thrOliilh279C:185.thejj'tbisoblil!iltiori'isnull and void: otherwise it shall remain in full force and efTccl. 2. IfContrattor is declared bv Cilvto.be h\di:fault under the Contract. the Suretv shall promptlv remed'tthedefault. Qerformall ,,{Contractor's obli2ations. under the contract in aecordaitce with its tel'ms ail.dcootditiOns81\d, Da'i to Ci(yall damaeesthat are due under the.Contract. . . 3. This bond is subiect to claims under ORS 279C.J80lhrou2h 279C.390. 4. This obli"ation iointlvnnd severally binds Contractor and Suretv andtheir respective heirs. executors. administrators. successors. 5, Suiety waives notice oftriodification of the. Contract or extension oftheContract time. 6. . Nonpavment of the borid oremiulJl shall ll"t inv~lldatethis bond. 7. The bond number andtbenamc,address..and:.t~\ephone number of the a2ent aothorized to r'eeeive notices concemin2 thiS bond are as follows. Bond Number: 190-023-169 AND 105415122 Bond Agent: \ IJnitprl Iljc;:1l ~nllltinn'" In'" Address: 2045 Cardinal Avenue,Suite 300 Medford, OR 97504 Telephone: 541-245-1111 SIGNED this 24th day of Septem ber 2010. Ashland Municipal Airport Runway 12/30 Rehabilitation and PAf'1 Instilllilt.ion 00505c I '. Section 00505 Agreement By: 'R' WITNESS: CONTRACTOR:. .l: (Cor]i{Jrate Seal) ,.' '- Title: Legal Addres~: P. O. Box 1145 Medford, OR 97501 Attc-~i: -1,.Q ~ . . . -- \) - Corporate Secretary Liberty Mutual Insurance Company AND SURETY: Trave rs Casualty and Surety ompany of America " ~ ':- '~', \ . . - '. ~ '.- ."' ~-~ ;::: .... . c ;,':-' ", .'..,,_ .....,1' . By: Title: Reida C. Robinson, Attorney-In-Fact Legal Address: 2854 Highway 55, Suite 250, Eagan, MN 55121. AND 385 Washington Street, MCI04B, St. Paul, MN 55102 Attest: Corporate. Secretary , - I '. . , ~. t ~ J ,,:)/ . : ." Ashland Municipal Airport Runway 12130 RcihabiHtstionand PAPI Installation 00505-1 Section 00505 Agreement PAYMENT BOND The undersi~ned L TM, Incorporated dba Knife River Materials . as DrinciDal. further referred 10 in this bond as Contractor and Liberty Mutual Insurance Company AND Travelers Casualty and Surety Company' .'as suretv:.further reibrred to in this' bond as Surely ar . 'n I and seve II u it .of A I nd I. rtJier refe t" d as Cil i the sum of 'One iIIion wo un re Eighty F,ve ousand Nine Hundred ixty Nine & 00/10 ' Dollars ($ '] 285.96900' ). 'Of America Contractor and City have entered into 'a. writti:n: contracrdated. July 1,2010 . for the foilowinR oroiect: Runwav 12/30 Rebabilitation and P API Installation at Ashland Municinal Almort. This contract is further referred to in Ihis bond as the Contract and is incoroorated into thisbondby'ihis reference. The conditions of this bond are: I. If Contractorfaithfullv oerfonnsthe Contract within the timeorescribed bv the Contract. and I'ronlDtlv makes Dilvrnent to all claimants.as.defined io ORS279C.600through.179C,620. then this obli~ation is null and void: otherwise ii shall rem'ain in full force and effect. 2. (fContractor is declared bv City to be in default under the Contract. the Surelv shall oronmtlv remedvthe default l'erfoil11 all.'1fConlrilcror'soblinations.tlnder ihc'contract in accordance wilh its terms and conditiolts and pav toOty alld'amaf:cs that ate due under the Contract. 3. This bond is sul1,iectlo claims under OM 279C.600 tbrough 279C.620 4. This oblieation iointlv and sevetally binds Contractor and Surety and their resDective heirs. executors..administrators. SlICCesSors. 5. Surety waives notice of modification of the Contract or extension ofthe Contract time. 6. Nonoavment ofthe bond premium shall not invalidate this bond. 7. The bond number and the name. address. and le/eohone number of the agent aurhorizcd 10 receive notices conceminl! this bond areas follows: Bond Number: 190-023-169 AND 105415]22 Bond Agent: United Risk Solutions. Inc. Address: 2045 Cardinal Avenue, Suite 300 M"'....rQrtf nD Q7.c;fl.<:t , Telephone: 541-245-1111 SIGNED this 24th day of Septem ber 2010. Ashland Municipal Airport Runway /2/30 Reluibilitationand. P AP/lnsta.lllition 00505-1 Section 00505 Agreement PA YMFNT 1I0NO I'ae. 2 I:IY: WITNESS: CONTRACTOR: '.' i "/.' (Corporate Seal) ." , Tiile: Legal Address: P. O. Box 1145 Medford, OR 97501 Attest:~.QQ~o., - ~ CotpOtateSecretary ....'..' . , , '" " " " """ r .V......"" ......._.,,-. . ":,<<,~,~,":, W1TNESS~ . 1ia;;:i:.inklev. Ae (Corporate Seal) SURETY: By: Liberty Mntnal Insurance Company AND Travelers Casualty and Surety Company of America ~:J/~_/ C.. tf(~ ".-/ Reida C. Robinson, Attorney-In-Fact Title: Legal Address; .2854 Highway 55, Suite 250, Eagan, MN 55121 AND 385 Washington Street, MC104B, SI. Paul, MN 55102 Attest; CorponiteSecretary :'jl ,; ,- .' J~ ( . ) - J , / Ashland MUnicipal Airport Runway 12/30 Rehabilitation and PAP/Installation 00505-1 : '-,' ~, 2592476 ..,' .,., ':",', .: -.' ,,:,,<,-~'. ' -. .... -. "..,-. . . - ,,~ THIS POWER OF ATTORNEY IS NOHilllD UNLESS ITlS PRINtED ON REDBACKGR OUND< . <-,"-'- . . . .... This-Power of Attorney Uml~,theacis:,9:fthosenained'her,ein'.::~ni:Uhey have no authorliy:to: ~Ind the 'conip~~y;exc~pt In the manner and'to : the extent hereln':stated.; """::-" " .. - ,_.' " - '=~" ': ': ' . ~ ~ -::-.: " '. " '.-:. - , '.-<:;> -'" -> ,liBERiY-:M'UtUALINSUR'ANCE CO-MPANY, ", _~ ,', '. - 'BOsTON,MASSACHUSETTs.: ,- . '. - . - - . :POWER OF'ATTORNEY> >....,-- ,,-,.-- -. Cij< 0' e., .,- '0. ~:3 By the fOIJ~Wing:'instrur;nent the -cl1airman or.the presi~e'nt has:authorized the officer or other.,o~itial named therein to appoint attorneys-in.fact: "'.!! .aC .:f! :a~ em '. '.-.... .. , ~ ~ That the BY-I~wandth~ Au,thorizati~:)fl~ s~t_fOM' abov~ are- true copies thereof and are now in funforc~ an~ E!ffect. ; ..'" .,> =- .,'" -:I _'0 !;'iii ,ge arC oS c'" ai':: COMMONWEAL THOF PENNSYLVANIA-, -'58 . g' e COUNTY OF MONTGOMERY' DI., t: - On this ~ day of June " ~ , before me, a Notary Public, personally came Gamet W Elliott, to me known, and acknowledged ~.5 that he is an Assistant Secretary of Uberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ....sf Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 0'" F1 :; ~ IN TESTIMONY WH ~ unto sul?spribed my name ~nd aff!x~d my notanal seal at PJyn:ao_ut~ ty1eeting, Pennsylvania, on the day and year =" first above written, ~ ~ON!'I~ (< -. -- - - . - '- ~ ! ~ ~~~\ -~ y:~ ~o:~:;~!:i;;;::"A,:,: ..By fii};;)::~ CERTIFICATE ~~~~_~. ::2 =~ff~=~:~~_~::er~sa :a;ia, Nota~ P:bliC! I, the undersigned, Assistan ecretary:pf\,iberty Mutuallnsifr~ri~__Comp,any;"do'hereby:certify thaflt!~.:Origjnal P9~~(9f-attomey of which the foregoing is a full, true and correct copy, is in fUlI_!o[ce.and effect on thedate:of-t~is..c~rtificate; and{d~ furth:er;!::_~rtify~f!iaphe)fficer or official who executed the said power of attorney is an AssistanfS~_cretaryspecially authori~'ed:qy..the?chairman or-thej::m~SjdeflP(fi:lppoint:attcimeys-in-fact as provided in Article XIII, Section 50f the By-laws of liberty Mutual Insurance Company. ' -.. - , :~' .;~' ' '- " ". -_.-- ~'" , KNOW ALL '.~PERSONS BY THESE 'PRESENTS:; T~:at..titje;1y~~'ut~~i ':'In:s~~a:~~~e~:cb~p~riy-:':(ih~':' ~compari}";), ;'a::Massachusetts stock insurance company; pursuant to and by authoritY of th~ By~lawand Autho~~~o~:her.ein~ft~r set f<?rth,,~doe~hereby name, constitute and appoint PATRICIA C: BOYD, JACKIE AN[)ER~ERG,DAN.A~Fli~ISLEY;REIDAC; ROBINSq~;~L.L OF THE CITY OF MEDFORD, ~~~~~..~:.::~.~~~~~.::::~::~:!::::::::;:~::::i;:~::'::::::::~:fX72~:~:::::;}:f:R:;:::::::::~~:L:::::i::~~~:::::::::~;::?:::::;:::::::::::::::::::::::::::::::::::::: " each individualty'-if' there be more~t~an one__Q~Q;Eid; its trU'e~a'ild: Ia,Wiul~attorriey-in~fact to':-.l"~e, e>;ec.'u!e, seal, ackno_w_I~_~ge. and deliver, for and on. its behalf as suretY and as its act.arid..-de.".d. j'.any,".a.riCJ. a.1I undert. a.k._ings; bonds, .r...c6g.n_i_zanc_es:~1l1d'other"s'urety obligation..S.-..i..n_.the penal sum not exceeding .: -FIFTYMILLlON:ANDOO/100*'*,~~**c**~~:*~*~***. . :":':~~':':;:_:--~ ' . ;,. :--::',:: ":'DOllJ\f.\S~($50.000.000.00***~*;-',--::': . _ ) each, and the : execution of such .undertakings,. borid_s;._r~~qtJn,iiances 'and,:other' surety obliQ~tions,'ln-:plirsuanc:e~ot:,these pres~nt~i-_~shaJl be as binding UpOI)' the Company as'.if they ~ad'b~8ri d,Uly sigii~q-tjy,:~e:presid8nt'a.Dd:~ttested by tra(~~?retary ~~_-.th~ qO!ll~Wj~_.in their ow:~::p_~per persons. ,.' . That;thls ~of~r\smade~nd exe~~e~~~~t~nt to and by ':~~~H~"ltheip~~;~g BY-Ia~~d AUtl,iIlJfj~f0~~;\ ,ARTICLE XIII' Execution of COfltractS: Section 5, Surety Bonds and Undertakings, . :Any officer of the Company authorized for that purpose in writing by the chainnan or the president,'and subject to such limitations as the ~:chainnanorthepresident may prescribe, shall appoint such attomeys-in.fact, as may be necessary ,to act in behalf of the Company to make, : exe.cute, seal, acknow,ledge .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 arid execution of any such instruments and to attach thereto the seal ~f.the'9l?mpany.. When so ~xec_uted such instruments shall be " as bmdi~g as if signed by the president and attested by the secretary. ,-:" ' LIBERTY MUTUAL INSURANCE COMPANY ,;.. '" '0 Ul Ul ., c 'iii :I .a '" c '" _c -0 ~1- ",Ill .,W EE Oe. :i~ -" 0.... ..-c .,c =='" OE D..", .!!o .co -.. -'" Oc ,i:'Gl :d -., ~.a .,0 .c.... _N E'I' ..N .-(') -00 50 ".- ~:f Pursuant to Article XIII, SectionS of the By-Laws, Garnet W. Elliott, AssistantSecretary 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 deliyer as surety any andall u,n~e~king~, b(:Jnds, recognizances and other surety obligations. ~ I~ WITNESS'WHEREOF,.lhis' Power bfAttorney ha~ been 'subscribed by an authorized 'officer 0; offj~ial of lheCompany ~nd the corporate seal of Liberty Mutual,lnsyran~e Company has b~et:l affixed ,thereto in Plymouth Meeting, Pennsylv?lniathis: 18th day of June 2009' . . . .,,'. , . , Bye 4 /V~ a;{'~ ~arnet W. EI.liott, Assistant Secretary . , , . . " . ,. This certificate and the a~ove power of a~or'n~y',may be signed by facsimile or ~echanically reproduced sig~ature~ under and by authority of the following vote of the board ofdirector~ 01..4iberty"Mutua! 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 attom~yjssued by the'company in connection with ~ur~tybonds, 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 24th '.!fr~' 2OlD. ~~~ day of POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY [S INVALID WITHOUT THE RED BORDER . '. ". ..... TRAVELERSJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney-In Fact No. 221448 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and ~urety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 315 2 4 3 3 KNOW ALL MEN BY THESE PRESENTS: That 81. Paul Fire and Marine Insurance Company, 51. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesola, thaI 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 Conne~ticut, that United States Fidelity and Guarar.ty Company is a corporation d\-lly 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, Nicole Russell, and Reida C. Robinson of the City of Mpcifnrci , State of Orpgon , 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 thei~~us!ness of.guarameeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted-in any,a<6tions or.proceedings allowed by law. . ~~'" ~ IV' ,\>~V ~~~ O~~ ~~<4~ ~~ IN WITNESS WHEREOF, the Com~anies have caused this instrumGt ~be sign1d~d thei;c~rate seals to be hereto affixed, this day of July ',2009.. i.~~: ~~ ~ ~ i..~)V 0~ ~~ .~~ Farmington Casualty Com~ny ....c'-Q.O $"''"\\ '\\' ~\'(\).- ~V Fidelity and GuarantylInsurance Company)~0 F'd I' d G '1 .~\ \'U' d '''' I I e Ity an u~ranty nsura..nce. n erwrlters, nc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company o ~ State of Connecticut City of Hartford ss. 29th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By, On this the 29th day of July 2009 , 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., 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 A,merica, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the pUrPoses.ther:.ein 'contained by signing on behalf of the corporations by himself as a duly authorized officer, In Witness Whereof, I hereunto set my hand and ~fficial seal. My Commission expires the 30th day of June, 2011. 58440-4-09 Printed in U,S.A. 'f(\w C. j~ '- Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 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 Farmington Casualty Comp-any~ Fidt:-Jlty and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, S1. 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 Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice fusident, 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 any time 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 appoip.ting Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory i~ 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., S1. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, S1. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Uniteg;f~tes. Fideli~and Guaranty Company do hereby certify that ~he above and foregoing is a true and correct copy of the Power of Attorney executed by said Compaiii%s~which,is i~f~ll forc~a1\tveffect and has not been revoked. J!..\.~- ~~ ~y ~~ O~ ~~ ~~ A~> ~ ~< ~~ ~:~ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the'seals ofsaid\<;~mpanies this 24tJ\- day of ,20 1 n. ~~".#~ - '\or.... = ~~O~~~i>~ @ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.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 L~rcoRD;J:lg:~:R.T'lf'lq~J;~',QEd~Ul~iUUI-r~'!NSVRANG E,';.:;<:':..':,,;!i:,)r:~;~1(~"DDNYJ'w PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh USA Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 333 South 7th Street, Suite 1600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Minneapolis, MN 55402-2400 AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AUn: contract.reviewCSS@marsh.com COMPANIES AFFORDING COVERAGE COMPANY A liberty Mutual Fire Ins CO COMPANY B Associated Electric & Gas Ins Services Ltd COMPANY C Liberty Mutual Insurance Company COMPANY o 'COVERAGES::"--: ",:};',;;'{;i.' ;';~~.Jhis_CertjfiCate_supersedes^ail(j':replaces:any:previol.Isly:issued_certlfieate.J.:, ",:; ,~ , ,'~ ' ':'.;":':"':,'<j,4~Q~~i.:f:"i?;;>-;s.~;':;:;i'i:; THIS 1$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. J43750-L TM-GAWX-10-11 2010 2037 2044 AI YES INSURED KNIFE RIVER MATERIALS PO BOX 1145 MEDFORD, OR 97501 co TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLlCY EXPIRATION LIMITS LTR DATE (MMlDDIYY) DATE (MMJDDIYY) A GENERAL LIABILITY TB2641 005097-040 01/01/10 01/01/11 GENERAL AGGREGATE $ 4,000,000 X COMMERCIAL GENERAL liABILITY PRODUCTS - COMP/OP AGG $ 4,000,000 INri I CLAIMS MADE [8] OCCUR PERSONAL & ADV INJURY $ 2,000,000 f-- OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 X PER PROJECT FIRE DAMAGE (Anyone fire) $ 500,000 r-iAGGREGATE MED EXP (Anv one person) $ 10,000 A AUTOMOBILE LIABILITY AS2 641 005097-050 01/01/10 01/01/11 COMBINED SINGLE LIMIT $ 2,000,000 I-- ~ ANY AUTO I-- ALL OWNED AUTOS BODtl Y INJURY $ (Per person) I-- SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraccidenl) I-- PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ I-- "', ',.;.... ","<. f-- ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY X0259A1A10 01/01/10 01101111 EACH OCCURRENCE $ 5,000,000 Fx=1 ~MBRELLA FORM AGGREGATE $ 5,000,000 X OTHER THAN UMBRELLA FORM $ C WORKERS COMPENSATION AND WC7-641-005097-020 (Guar. cost) 01/01/10 01/01111 X I TORHIMIT;; I I u~lt , '/"';. ;'>,','.l; EMPLOYERS' L1ABIUTY C WA7-640-005097-010 (AOS) 01/01/10 01/01111 EACH ACCIDENT $ 1.000.000 C THE PROPRIETOR! fKi :NCL WC7 -641-005097 -030 (OR,WI) 01/01/10 01/01111 DISEASE - POLICY LIMIT $ 1,000.000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL Includes "Stop-Gap" DISEASE - EACH EMPLOYEE $ 1,000.000 OTHER WORKERS COMPENSATION IS EXCLUDED FROM ADDITIONAL INSURED WOROING DESCRIPTION OF OPERATIONS/LOCATlONSNEHICL.ESISPECIAL ITEMS RE: ASHLAND MUNICiPAL AIRPORT, AlP 341-0002-009 RUNWAY 12/30 REHABILITATION AND PAPIINSTALLATION, KNIFE RIVER JOB#1601115 CITY OF ASHLAND AND THEIR OFFICERS, AGENTS ANO EMPLOYEES IS (ARE) INCLUDEO AS AN AOOITIONAL INSURED AS AGREED IN WRITING PRIOR TO A LOSS AS RESPECTS THE GENERAL LIABILITY. CG 2010 AND CG 2037 - ADDITIONAL INSURED GENERAL LIABILITY ENDORSEMENTS ATTACHED. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY TO ANY INSURANCE MAINTAINEO BY THE ADOITIONAL INSURED. WAIVER OF ~1;~:rlf}S~~~"~OLqEJ~, . "t:',:'. ~. ~Cf~(1:-6o~89~085~6~ ,:tii~:~>;f~tmi,&:~r:1i~;7.lh5I\Nr;:,E.,~~OI19,tf~;-.:;-;~'':''''~-/2''1~.. .,,'\;,. "::,.;~::;)yC-!J":r;-'f~i-,~E~\" ;llt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL ~ MAIL ~ DAYS WRlTrEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~~XilI~ ~~~ AUTHORIZED REPRESEHTATlVE of Marsh USA Inc. BY: Katey E. Jones CITY OF ASHLAND ATTN: SCOTT FLEURY 20 EAST MAIN STREET ASHLAND, OR 97520 Ac'6Fiti'25:-S-(1i~F-:- '", . -;":"~ :,. : . :'", ". :r;> i>~^ '<1/\- ~ ~ls..~ ---:;; --'~j'Ac'6R~ CqRPORATfoN1!iSS.' PRODUCER Marsh USA Inc. 333 South 7th Street, Suite 1600 Minneapolis, MN 55402-2400 Attn: contract.reviewCSS@marsh.com ~~:~---::~-~:~-- ~--:-I'DATE(;~J " ' < 'CHI-OO~~9.5085-02' 09/24/10 ,. .... COMPANIES AFFORDING COVERAGE A-D~mloNAlJNFORMATION-"";,<y - tf"':C ~~~,,; .', .., 'L." "'''''F.''' ", T ."". ':,c.'.:" .... .~ . ,..._._~^,_,.'mL._,._, J43750.L TM.GA WX-l 0.11 2010 2037 2044 AI COMPANY E COMPANY F YES COMPANY G COMPANY H INSURED KNIFE RIVER MATERIALS PO BOX 1145 MEDFORD, OR 97501 CONTINUED FROM DESCRIPTION SECTION: SUBROGATION APPLIES IN FAVOR OF THE ADDITIONAL INSURED, EXCESS LIABILITY APPLIES TO GENERAL LIABILITY, PRODUCTS AND COMPLETED OPERATIONS, AUTOMOBILE LIABILITY, AND EMPLOYERS LIABILITY, CE,R:J:IF,ICATJ~)iffi.Il~:,d':, :' CITY OF ASHLAND ATTN: SCOTT FLEURY 20 EAST MAIN STREET ASHLAND, OR 97520 ,_ ~'-;.(' :j;'i '. ~ , }~,' " '''k " '- AUTHORIZED REPRESENTATIVE of Msrtlh USA Inc. aY: Kaley E. Jones _w......-,._,.__..-,_---cc._ .. , .". ,:,',,,':'fpa ',', ~&~ THIS .ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Owner, Lessee. or Contractor for whom you have agreed in writing prior to a loss to provide liability insurance (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement) A. Section II - Who Is An Insured is amended to include as an insured the person or organi- zation shown in the Schedule, but only with re- spect to liability arising out of your ongoing op- erations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added : 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service. maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or CG 20 10 1001 . @ ISO Properties, Inc., 2000 Page 1 of 2 (2) That portion of "your work" 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 performing operations for a principal as a part of the same pro- ject. This endorsement Is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effective Date 01/0112010 For attachment to PoUcy No. Audit Basis Expiration Date 01/01/2011 T82-641-005097-040 Issued To Page 2 of 2 ~~M1 @ ISO Properties, Inc., 2000 ~;-~ PRESIDENJ' CG 20 10 10 01 [J ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 1 \\ f, " , ! I I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Thisemlorsement modifies insurance provideo under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ,Any Person Of Organization 101' whom you have agreed in writing prior to a loss to provide liability insurance. Location~And DEiscriplion of Completlld Opotallol'ls: Additional Premium: (If no enlry appears abovll. information required 10 complete this endorsement wilt be shown in the Declarations as applicable to this endorsement.) Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out 01 "your work" allhe location designated and described in tile schedule 01 this endOrsement performed for that insured and inclucted in the "products-completed operations hal- ard'. . Thi, endOfsemenl is executed by Ihe UBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ €f'ectlve Dale 01/0112010 'For au:achment to Po1fc:y No ' Audll Basis Expk..ioo Dat.; 01101/2011 T82'641-005097-040 Issued To ~~"f~141 .c/'- -;: 1-1qf ratSlr:+J\.-J CG 20 37 1001 '9 ISO Properties. !nc., 2000 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFtJLlY. BL...NKET j\DOn'IONAL INSURED "I1,is. cn(~(.r5.eme:nf ItlOdlf1es bl~ul~J.JU:e prQ\-idcd under ihe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECI10~ II. \"~HO IS .\N 1.'\!5URED i::; -amc-nded:o include itS :Ln IIJ5UI;ed ;\11Y pCl$On (1I' (lrgllflh.ltiou for whum you h:l\"e 'dgn:r.d iu writing tQ prQdd..: ID.luililY il~junll1ce. Bur: The in.mL'iinCe fil'fi\.jded h? thi'!,:;IIt1i'l'l(jnl(~n(: 1. :\pplies ouly to "Lodily injur:/' (>f "pmpc:n:y d;im:1ge" arisillg our of (::'i) "your \~")fk" Of. (h) premise;! 01 Olh<:. )l1(lperfy Q\\-'l1cd IJr 0.[ renred (Q you~ 2. :\pplit:.s on1r 10 (':o\-c.rage and 1nblimul1\ bilit$. .of m$umIlC<: [("ll.ured by Ihe writtl;;.1} ~gteCm~lIl. bur in 00 exem exceed;; either du~ scope of r,o\'cragc or rh{" haul:;' of iI1:>lIfJlrlCc pnjqd('l.l by ilii:;; pv}jc-y; <tud ~\, DOr$ fll)IOll)p[:' Ir) any PC[SQU Of Olg.Huzauuu [Dr ..,.cIUiJn you h:i\.c procured sep..l1;1tf. UJbiliry 11iSUllwcr; \l:hl1c 5lh:h IllSurance ;.:; itl t!ff~C(. reg-,!rdft'~$ (If ...dlcther (he scupe u( c,::w~t:lgr.: Or J.irr..irs of insurance oi this l)j)ucy exceed lhose uE .;uch Glher ins\ll':'loce. or whether $tlcl1 OIJlei- imurnnce is \"3iid ilnd ("olleccible, The f(Illou'lug pn:wj~iOI\::; :lbf) ,J;ppJr: 1. \'\lhcrc rhe app!ic;:lhlc wrjttefl.18rf'eJ~.I~rU I'ceJl.llic& the Inmn:d to p:;~vide uabiliry in.$ur'~lL:C on J pnm-;ur. (xce~, com:ingem. Or 211)' mlu:rl,13:-;s. this policy \\-111 Jppl}. solely (Ill thr, bfl~i5 rc:quire'd by 5uch \vntlcn 2grc~men( .and heIll ,'I. Other Insurance of SECTION TV or This pnJicy \\illllOr apply. ..:. \"'l'U.~re [he fLpplicaL!e wn",:.n agna:mcm d~~ HOT SpeCI~' 011 what lms15 the I1tbiuTY UI~\U"d.rl(l' wiD <tpp1r. the (ll t)vj~]~Jll::; of Item ~" Ot.her InS/.lHnet: o[SECTI()N IV of rilis polIcy will gnve:m.. 3. If .:Ioy nrh(":r additional inmred t'ndDf,5tJ1)tIH appLe~ to ,my pCl'SOtl or or.garlli:auon and YOll .3r<: nblJg.1li!:d lli\d~r a 'Jo'tirr;'::'1 agn.:f1mc.nr 10 prondc lIabilIty 1115Ur;Jl1(.f" (ITI il. pnrnary, ~ce-ss. ((lnu.ngcnt~ Or any OUICt uas;t for lh:ir auditiQnal insuH.:d, lIus poli..:r will :lPp1r :-:nlcly on rhe milS t~quiled hy such ..nith:u agrt.'l:1U{"ut .\ud Itell!. 4, Otbcr hl;5U1OlI1(('. QfSECTION IV ofuli) pouc)' will not apply. rt'g'al'dles~ ofwhethe.l jlH~ pt:r:;Qn {It Qtg,UlaatLOu ha$ ;w','iilahle-t'Jrher nll.u! 'and wllccubJc imr.l1"ilUce. If Lilt .IPplic:ahlc: wrifle,a ,lgrcemem d<)e~ fUll Specify (Jt1 wl1al 1m:;!:; rhr. liability lflHlfance.\nH apply. tbi' p-rfJ\'i::',i()lI~ vf hem 4, OfheJ Itl.5Ur.1IlCC of SECTION t\r (if thislxllicy ,\riJlgovem. 1l:U~ rn4'~$-:m=m 1! <:~.:~w:d b.~' (he L1t!-ER1Y -:.nrni;V" FIRf.: rN~:UJt,\'N(C C-i..JMP.1.NY Pfem~tlm S Effn:;ii.t'D:!t>::- (i1/01/2lHCI hI: ;mlthrn..'m t.) Polley r...'(.. ~o\ut:lir }h;;.is E:.:pi1n.b:lll O:Jlt' 0l/t]!/201t TH2.cj.; I ~j!05097.(I~1) h:::i.h:JT" ~"t!J11 ~;~ I'UE:,II)I:..-.:r l." 20 44 01 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Premium: INCL. Name of Person or Organ izatlon: Any person or organization for whom you perform work and have agreed in writing to obtain this agreement from us, but only ~ the contact is executed prior to the injury or damage occurring. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out or your operations of a covered auto done under contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. Policy No: AS2"641-00s097-OS0 Effective Date:' 01/01/2010 Expiration Date: 01/01/2011 Sales Office: 0465 Issued By: Liberty Mu tual Fire Insurance Company AX 12 10 02 05 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAIN$T OTHERS TO US 'This enaorsementmodillcs insurance provided under IIle following; COMMERCIAL GENERAL LlABIU1Y COVERAGE PART PRODUCTWCOMPLETED OPERA TIQNS LIABIUTYCOVER~GE PART SCHEDULE Naml1 pfPerson Or Organizatiofl: Any PerS01YOr Organization with whom you,have ,agreed in writing 10 waive any right 01 recovery prior to a,loss:. , - , Information renuired to complete this Schedule, if riot shoWn above. will be shown in llie Declaratioils. The following is added'!o Paragraph 8. Transfer Of Rights- Of Recovery AgalnsfOthers To Us of, Section IV -,Conditions: ' We waIVe any right of recovery we may haye against the,'pllrscinor organization shown In the Schedule above because of payments we make for injury or damage arising out of yoLlr ongoingopera\ions or 'yqurwork" done,un'der a conlract'wiih mat pers9n ororga~izaticin 'and included in the "products- completed operations hazard" This waiver applies only to the porson or organization shown in the Schedule above. ~llti:; cmh>f$i."O..:rlllJ. ~"XCUlltt!l:r Ill" l.i1:>t-rIY ,'.!lll:u.ll FlU" ht!;l'!.U'oL:l:C"HirJ;l.r~' jI'UlrlWll S I:li'i;ctg'.:O,itt: D1/fll/1.1)10 "t-:'''p'f.1;i'JO D:lfi.' (J I; IJi l:~O II ~ .I'H2-f1.J 1.t)()5-I.il)7-0~O ~:I')r ;ru;'lchml.'rn Ui i'nbcr Nll ;\lhlitlhsD; ls:slJ\.J'f.) ~~,LM1 ~ f/o/, HI~"';lI)j"H CG 2404 OS 09 @ Insurance Services Office, Inc..,200B Page 1 of 1 -.---,..... WORKERS COMPENSATION AND EMPLOYERS UABIUTY pOUCY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERs ENDORSEMENT We ha'-e the righlto ",em'or our paymenu fro<innyo,{e liable (or an injury covered by this POlity. We will not enlorce our right against the p"tson or organization named in the Schedule, (This agrecmcntapplies only 10 the e.tent Ihatl'OU perform work under a wrinen eOoltaet that rCCjWres you to obtain this agreement from us,) .. .. .. .... , nUs 'agrcemenl sholl nol operale directly or inm;.;ctly 10 bcndit an~' one not named. in the Sdtedu.le. nus enOOrsemall h.. not been approved and~s not apply in lhe stale DC PennsyMnia. SChedule .\ny Persoo or ~nmtiOn for whom you pe:rfor:m work wd have agreed in ".,;ling to obtain this agremlem from u. priollO 10", ~ ~l'nt U:.~ br,thc: oornpmy bdu\\.' Jt:~W1;l.tl.J bJ.' ~l.'htr'!o' in the bl~1O t.lJ'l~itt' illl' namt' Premium " Eff<<tiTeDm' 01/01/2010 ExprutionUalt' ~1/01/2011 "",,"',cbmmt tu PoIi<y No WA 7 ,64()..OO5097 .010 ~\udil_ o .lfHl'Jnl' t.nrru N.. INS~j~-\NC( COJ.8>,'\N'- D'~Bi~(),'Y Ml'H',\J. tlEUi lN$l'JlA.to6~Ji'c(:)l.fj>'\NY []] iJR'~.KI""INSUMNCE r.{laP'llR.-\ll(JN o I.M INSl'RANfJ3 (ORPOM.I,"nON o '~~~~~I:tR.'.-r UBF..RT'V INSt'JUN():: (01tJl(lll,.r1U IN IIlIUl-dTu 1&&6 ,we 0003 IJ (Ed. 4-84) (;':'n~'1il(hr 1983 NllrJOn;) c.~:n~..n (:ump,..'1ls:uitln 1~r.U1cl' t ,.j ~. .. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDlYYVY) A:Cc>.-RD 1212112010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT, If the certificate holder is an ADDITIONAL INSURED, the pOlicy(ies) must be endorsed. 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). PRODUCER CONTACT Marsh USA Inc. NAME: 333 South 7th Street, Suite 1600 PHONE I f~~ No': Minneapolis, MN 55402-2400 E-MAIL ADDRESS: Atln: oontract.revie'NCSS@marsh.com PRODUCER J4375l>l TM-GAWX- 11-12 2010 2037 2044 AI YES INSURERIS\ AFFORDING COVERAGE HAle. INSURED INSURER A : Uberty Mutual Fire Ins Co 23035 KNIFE RIVER MATERIALS INSURER 8 : Associated Electric & Gas Ins Services Ltd 3190004 POBOX 1145 MEDFORD, OR 97501 INSURER C : Uberty Mutual Insurance Company 23043 INSURER 0 : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER' CHI-OI)32677~ REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f~ TYPE OF INSURANCE I~~..D!- 1~'1.~R POLICY EFF I ....':?lICY EXP LIMITS POLICY NUMBER MMfDDIYYYY MlDD/YVVY A ~ENERAL LIABIlITY TB2641oo5097 -04 I 0110112011 0110112012 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY ~~~~I E T Ea ~~~~en""\ $ 500,000 I CLAIMS-MADE 0 OCCUR MED EXP 'AlI" one person\ $ 10,000 X PER PROJECT AGGREGATE PERSONAL & ADV INJURY $ 2.000,000 I-- - GENERAL AGGREGATE $ 4,000,000 ~'l AGG~EnE LIMIT APnS PER: PRODUCTS. COMP/OP AGG $ 4,000,000 POLICY ~~,Q; lOC $ A ~OMOB1lE LIABIlITY AS2 641 005097.{)51 0110112011 0110112012 COMBINED SINGLE liMIT $ 2,000,000 (Eaaccident) 2. ANY AUTO BODilY INJURY (Per person) $ - ALL OWNED AUTOS BODILY INJURY (Per accident) $ - SCHEDULED AUTOS PROPERTY DAMAGE ~ HIAED AUTOS (Per accldenl) $ X NON-OWNED AUTOS $ - $ B UMBRELLA LIAB H ~CCUR X0259A lAll 0110112011 0110112012 EACH OCCURRENCE $ 5,000,000 X EXCESS UAB CLAIMS-MADE AGGREGATE $ 5,000.000 - DEDUCTIBLE $ RETENTION $ $ C WOAKERS COMPENSATION WC7-641-OO5097-021 (Guar. cost) 0110112011 0110112012 X I T'X~.\'J ~lli~ I IOJ);i- AND EMPLOYERS' UABILITY YIN C ANY PAOPAIETORlPAATNERlEXECunVE 0 WA7-64J}-(1)5097-011 (AOS) 0110112011 0110112012 EL EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? NIA (MandatOI')' in NH) WC7-641-01)5097.{)31 (OR,WI) 0110112011 0110112012 E.L. DISEASE - EA EMPLOYE $ 1,000.000 g~~~ftir~ ~~PEAATIONS below 'Includes'Slop-Gap" E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCAl10NS I VEHICLES (Attach ACORD 101, Additional Remarks Sc:hlKlule. if more apace Is requirlKl) RE: ASHLAND MUNICIPAl AIRPORT, AlP 3-41-0002-009 RUNWAY 12130 REHABILITATION AND PAPIINSTALLATlON, KNIFE RIVER JOB #1601115 CITY OF ASHLAND AND THEIR OFFICERS, AGENTS AND EMPLOYEES IS (ARE) INCLUDED AS AN ADDITIONAL INSURED AS AGREED IN WRITING PRIOR TO A LOSS AS RESPECTS THE GENERAL LIABILITY. CG 2010AND CG2037 - ADDITIONAL INSURED GENERAL LIABILITY ENDORSEMENTS ATTACHED. COVERAGE IS PRJMARY AND NON-CONTRIBUTORY TO ANY INSURANCE MAINTAINED BY THE ADDITIONAl INSURED. WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE ADDlTIONAlINSURED. EXCESS LIABILITY APPLIES TO GENERAL LIABILITY, PRODUCTS AND COMPlETED OPERATIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF ASHlAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ATTN: SCOTT FLEURY ACCORDANCE WITH THE POLICY PROVISIONS, 20 EAST MAIN STREET ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. , Katey E. Jones ~\s..~ ACORD 25 (2009/09) @ 1988,2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INFORMATION CHI-0032<3771J&.{)5 DATE (MM/OOIYY) 1212112Q1O PRODUCER Marsh USA Inc, 333 South 7th Street. Suite 1600 Minneapolis, MN 55402-2400 Attn: oonlracl.reviewCSS@marsh.oom J4375().L TM-GAWX-II-12 2010 2037 2044 .AI YES INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER G: KNIFE RIVER MATERIALS ; -- PO BOX 1145 INSURER H MEDFORD. OR 97501 iNSURER I: INSURER J: TEXT CONTINUED FROM DESCRIPTION SECTION: AUTOMOBilE lIABILITY, AND EMPLOYERS LIABILITY. CERTIFICATE HOLDER CITY OF ASHlAND ATTN: SCOTT FLEURY 20 EAST MAIN STREET ASHlAND, OR 9752() AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Kaley E. Jones ~\s..~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF,INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTs/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, orthe number of days listed belovv, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) / Email Address Dr mailing address: Number Days Notice: Orllanlzatlonlsl: Per Schedule on file with the 90 com""nv All other terms and conditions of this policy remain unchanged. Policy No: AS2~ 1,005097-051 Issued By: Liberty Mulual Fire Insurance Company Effective Date: 01/01/2011 Expiration Date: 01/01/2012 Sales Office: 465 LA 99 224 0910 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF,INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTs/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A, If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) / Email Address or mailing address: Number Days Nollee: Ornanizatlon(s): Per Schedule on file with the 90 comoanv All other terms and conditions of this policy remain unchanged. Policy No: TB2-641,005097-Q41 Issued By: Uberty Mutual Fire Insurance Company Effective Date: 01/01/2011 Expiration Date: 01/01/2012 Sales Office: 465 LA 99 224 0910 Page 1 of 1 Policy Number: WC7-641-005097-031 Issued by: LIBERTY MUTUAL FIRE lNSURANCECOMPANY En'dorsement Effective Date: 01/01/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below. if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice 10 the first named insured. B, This advance email notification of a pending cancellation of coverage is intended as a courtesy only.' Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy, SCHEDULE Name of Other Person(s) / Emall Address or mailing address: Number Days Notice: Orllanlzationlsl: Per Schedule on file with the 90 company All other tenms and conditions of this policy remain unchanged. WM90 18 0910 Ed. 09/0112010 201O.LibertyMutual Group of Companies .AlI Rights Reserved Page 1 ofl Policy Number: We7 -641,005097 -031 Issued by, liBERTY MUTUAL FIRE INSURANCE COMPANY Endorsement Effective Date: at /01 /2011 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below. if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B, This advance email notification of a pending cancellation of, coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) / Emall Address or mailing address: Number Days Notice: Ornanlzationlsl: Per Schedule on file with the 90 company All other terms and conditions of this policy remain unchanged, WM 90 18 09 10 Ed.09/01/201O 2010 Liberty Mutual Group of Companies All Rights Reserved Page 1 of1 II WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to. recover our payments from anyone liable for an injury covered by this policy. We will not 'enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perfonm work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom you perform work and have agreed in writing to obtain this agreement from us prior to a loss. Issued by: Liberty Insurance Corporation For a<<acl1menl 10 Policy No WA7 -64D-Q05097-011 Effective Date 01/01/2011 Premium $ Issued 10: we 00 03 13 Ed. 411/1984 @ 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have !he right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against !he person or organization named in !he Schedule, (This agreement applies only to !he extent !hat you perform work under a written contract !hat requires you to obtain !his agreement from us,) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom you perform work and have agreed in writing to obtain !his agreement from us prior to a loss, . Issued by: liberty Insurance Corporation For attacl1ment to P olley No WA7 -64D-00509 7 -011 Effective Date 0110112011 Premium $ Issued to: WC000313 Ed, 4/1/1984 @ 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM .GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Premium: Ind. Name of Person or Organ lzalion: Any person or organization for whom you periorm work and have agreed in writing to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out or your operations of a covered auto done under contract with that person or organization, This waiver applies only to the person or organization shown in the Schedule above, Policy No: AS2,641,005097-051 Effective Date: 01/01/2011 Expiration Date: 01/01/2012 Sales. Office: 0465 Issued By: Liberty Mutual Fire Insurance Company AX 12 10 02 05 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the followin~: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you have agreed in writing prior to a loss to provide Liability Insurance . location And Description of Completed Operations: Additional Premium: . (If no entry appears above, information required to complete this endorsement will be shown in the DeclaraUons as applicable to this endorsement) Section II - Who Is An Insured 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 locaUon designated and described in the schedule of this endorsement performed for that insured and included in the "products,completed operations hazard" . This endorsement Is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effedlve Date 01/01/2011 For attachment to Policy No. AlJdt! Basls Expiration Date 01/0112012 TB2-641,OO509HJ41 Issued To CG 20 37 10 01 @ ISO Properties, Inc., 2000 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under- the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Owner, Lessee or Contractor from whom you have agreed in writing prior to a lose to provide liabilrty insurance (If no entry appears above, information required to complete this endorsement will be shown in the Declara, tions as. applicable to this endorsement) A. Section II - Who Is An Insured is amended to include as an insured the person or organi, zation shown in the Schedule, but only with re, spect to liability arising out of your ongoing op' erations performed for that insured. B, With respect to the insurance afforded to these additional insureds. the following exclusion is added: 2, Exclusions This insurance does not apply to "bodily in, jury" 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 perfonmed by or on behalf of the additional insured(s) at the srte of the covered operations has been completed; or CG 20 10 1001 @ ISO Properties, Inc., 2000 Page 1 01 2 . .. (2) That portion of "your work" 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 performing operations for a principal as a part of the same pro, ject. This endorsement is executed by the L1BERlY MUTUAl FIRE INSURANCE COMPANY Premium $ Effective Date 01/01/2011 For attachment to Policy No. Audit Basis Expiration Date 01/0112012 TB2-641,OO5097-o41 Issued To Page 2 of 2 @ ISO Properties. Inc., 2000 CG 2010 10 01 [J , ." . WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: My person or organization with whom you have agreed in writing to waive any right of recovery prior 10 a loss Information reauired to comolete this Schedule. if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us 01 Section IV - Cond I1l0ns: We waive any right 01 recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. This endOJ:Sement is execu.ted by the_ UBERTY :MU:ruALFIRB lNSURANCE COMPANY P.remium S EIf",tiveD.te 01/01/2011 EXp'"tionD.1f. 01/01/2012 ;POI attl.l:hment to.'PoticyNo. TB2-641-Q05097.041 Audit Bas1s Issued To CG 2404 0509 .@ Insurance Services Office. Inc., 2008 Page 1 of1 - . ~. . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFUll.Y, BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION TI - WHO IS AN INSURED is amended to include as an insiUed any person or organization for whom you have agreed in writing to provide liability insurance. But: The insurance provided by this amendment 1. Applies only to llbodily injury" or lIpropeIty damagell.arising out 0(-(3) Ilyour work" or (b) premises or other property owned by or rented to you; 2. Applies only to coverage and minimum limitS of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limitS of insurance provided by this policy; and 3. Does not apply to any person or organization for whom you have procltted separate liability insurance while such insurance is in effect, regardless of whether the scope of coverage Of limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid and collectible. The following provisions also apply: 1. Where the applicable written agreement requires the insured to provide -liability insurance on a primary, excess, contingent, or any other basis, this policy will apply solely on the basis required by such written agreement and Item 4.. Other InsiUance of SECTION IV of this policy will not apply. 2. Where the applicable written agreement does not specify on what basis the liability insiUance will apply, the . provisions of Item 4. Other InsiUance of SECTION IV of this policy will govern. 3. If any other additional insured endorsement applies to any person or organization and you ate obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis fot that additional insured, this policy will apply solely on the basis required by such written agreement and Item 4. Other InsiUance of SECTION IV of this policy will not apply, regardless of whether the person or organization has available other valid and collectible insurance. If the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions ofItem 4. OtherInsurance of SECTION IV of this policy will govern. This endorsement is el:ecllted by the UBER1Y MUTUAL FlRE INSURANCE COMPANY P!emitlm I Effective Date 01/01/2011 Fo! attachment to Po~cy No. AllditBasis ExpLutionD:ne 01/01/2012 TB2-641-005097-041 IsSlledTo LA 20 44 0107 .' ~ 0, ~~, CITY OF ASHLAND 20 E MAIN ST, ASHLAND. OR 97520 (541) 488-5300 VENDOR: 013200 KNIFE RIVER MATERIALS, LTM (DBA) PO BOX 1145 MEDFORD, OR 97501 FOB Point: Terms: Net 30 days Req. Del. Date: Speclallnst: CITY RECORDER Page 1/1 ;.21:':1iJDATE;1 fi?W~'i;'; 3~::~po~NuMBER1:::;.::, 1/4/2011 09960 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 Req. No.: Dep!.: . Contact: Scott Fleury Confirming? No ;:;:;_QuaniHv'i~~ ti:iUnTt;W E'H';~l~1*~=~~!~ll.~g:;1K~~~-:H~'~!>[~), }~~I~~~;;bescrIDHoll'; " '.:d:,' ,Jl.;:\i' t\,~l~_:__.;:~J.~{.~:: rr'.'~:;f>4~\:';,5r \;:~fliUn<H~~Hc;e:\m.;J :?::,~t}Ex~'ricei&' i;; AlP Construction Project Project No. AlP No. 3-41-0002-008 Runway 12/30 Rehabilitation and PAP I Installation at Ashland Municipal Airport Approved by City Council Sept 7,2010 COA Public Improvement Contract Effective: January 1, 2011 Insurance required/On file BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 1.285,969.00 1 285 969.00 0,00 0,00 1.285.969,00 ;!;iY~~cCiUnfiNumtlerj::-{~r;;; it;4fl~r_oj~~ct~NuiH~er0i:.Y:j h:;t<<tAmo~n't~~j;';'_~;_; " ~.\ -;Acc_o_unfiNiNnbeH?~' Jt":,'a~p'roJec't :Nu'mp~'r~'~;}:~,;:,; \~~_~\,i;YAmC;:Lin~qi~ E 41 0:08.24.00.70420 E 200862.120 1 285 969.00 ~ It2//. ~- ,1 /ir Aut orized Signature VENDOR COpy ~ CITY OF ASHLAND " A request for a Purchase Order REQUISITION FORM THIS REQUEST IS A: o Change Order(existing PO # Date of Request: I. Required Date of Delivery/Service: I I I Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name ~f.l\+=E l2.l~n IUI'-.rtelLlQ.L.S. ~.1). aD"'f.. 1\4.5 IME~ orz. . ,,\:1-50\ ~-~o- 2'1,"0 <;<11 - "<-'I - 4o;.~.. t:E"';'" 1=-tz..'EOE'L- SOLICITATION PROCESS Small Procurement o Sole Source lil Invitation to Bid 0 Less than $5.000 o Written findings attached (Copies on file) o Quotes (Optionai) o Quote or pronosal attached Coooeratlve Procurement 0 ReQuest for Prooosal o State of ORJWA contract (Copies on file) - Intermediate Procurement o Other govemment agency contract 0 Soeciall Exemot D (3) Written Quotes 0 Copy of contract attached 0 Written findings attached (Copies allached) 0 Quote or ProDosal attached 0 Contract # 0 Emeraencv 0 Written findings attached 0 Quote or ProDosal allached Description of SERVICES p..\p {tN:S="<-I'lC>''oo.! L.,....\~.- Total Cost [l] Per attached PROPOSAL Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Project Number ~~_,,_~_. ~_1: ,;.- - ~ "l)l; ~ t/1 If O' Per attached QUOTE Account Number~~~. ~~ ~~ .,=~. !~_""-~ 'Items and services must be charged to the appropriate account numbers for the tinanclals to reflect the actual expenditures accurately. By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon request. ,.,1"'00 Sf,"'''"' ~~ """],,,10'.. """ Sf,"",,", ro~.' III C ;3: FinanceIProce<!ureIAP\FormslReq 08-62 Reid Middleton CA Contract Updated on: 12/2712010