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