The URL can be used to link to this page

Home My WebLink About2004-223 Contract - LTM Inc CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ~ day of ~-~P~~, 2004, between the City of Ashland, ("City") and LTM Inc. "(Contractor"). City and Contractor agree: 1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the 2004 Street Improvement Project No. 04-05. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract documents, which shall take precedence over the bid. 2. Scope: Contractor shall begin and complete the project described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations, or modifications to the contract documents are incorporated into this contract: 3. Price & Payment: City shall pay Contractor amounts earned under the contract. All payments will be made at the times and in the manner provided in the contract documents. 4. Bond: Contractor shall, within five days after execution of the contract and prior to doing any work under the contract, furnish bond to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of $472,728.90 conditioned upon the fakhful performance of this contract upon the part of the Contractor. o Default: A default shall occur under any of the following circumstances: 5.1 If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workers or equipment or with sufficient materials to insure the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work. 5.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors. 5.3 From any other cause whatsoever, shall not carry on the work in an acceptable manner. 6. Remedies: In addition to the rights and remedies to which the City may be entitled by law for the enforcement of its rights under this contract, City shall have full power and authority, without violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that Engineering Tel: 541/488-5347 20 E. Main Street Fax: 541-/488-6006 Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.or, us G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC'l~2004\04-05 LTM Acceptance Contract Bond Ltr 9 04.doc may be suitable and acceptable and may cause a contract for the completion of this Contract according to its terms and provisions, or use such methods as required for the completion of the contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the contract, shall be deducted from any money due or which shall become due the Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the contract if it had been completed by the Contractor, then the Contractor shall be entitled to received the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have been payable under the contract, the Contractor and the surety shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one, percent (0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor & Industries Wage & Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland OR 97232 8. Living Wage Rates: If the amount of this contract is $15,000 or more, Consultant is required to 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 service work under this contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees. The Contractor shall fully comply with the provisions of ORS 279.348 through 279.365 pertaining tt?.l~J~ajling wage rates. ~ ~ u~rs ~ncorpora~l CONTRACTOR Its: DAVID A. MIDTLYNG 'v'iu~ Fr~ideni of Contracting CITY O~LA~ By: Gino Grimaldi City Administrator REVIEWED AS TO CONTENT: Department Head Date: Coding: (For City use only) Engineering Tel: 541/488-5347 20 E. Main Street Fax: 541-/488-6006 Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.or.us G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC-1-~.004\04-05 LTM Acceptance Contract Bond Ltr 9 04.doc Page 8 PROPOSAL Mayor & City Council Ashland, Oregon The undersigned bidder declares that the bidder has received, read and understood all bid documents; received, read and understood all addenda; the bidder has taken no exceptions other than those clearly stated in this proposal; the bidder will be liable for increased costs (and attorney fees) for retaining a replacement bidder if the undersighed bidder is awarded the contract but refuses to sign the contract; the bidder has examined the plans and specifications, has visited the site, and made such investigation as is necessary to determine the character of the materials and conditions to be encountered in the work and that if this Proposal is accepted, the bidder will contract with the City of Ashland, Oregon for the construction of the proposed improvement in a form of contract contained in the bid documents, will provide the necessary equipment, materials, tools, apparatus, amd labor, in accordance with the plans and specifications on file at the City Engineering Office, Ashland, Oregon, under the following conditions: 1. It is understood that all the work will be performed under a lump sum or unit price basis and that for the lump sum or unit price all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the plans and specifications shall tlc furnished for the said lump sum or unit price named. It is understood that the quantities stated in connection with the price schedule for the contract are approximate only and payment shall be made at the unit prices named for the actual quantities incorporated in the completed work. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Owner. Furthermore, it is understood that any estimate with respect to time,, materials, equipment, or service which may appear on the plans or in the specifications is for the sole purpose of assisting the undersigned in checking the nndersigned's own independent calculations and that at no time shall the undersigned attempt to hold the Owner, the Engineer, or any other pen;on, firm or corporation responsible for any errors or omissions that may appear in any estimate. 2. The undersigned will furnish the bonds required by the specifications and comply with all the laws of the Federal Government, State of Oregon, and the City of Ashland which are pertinent 'to construction contracts of this nature even though such laws or municipal ordinances may not have been quoted or referred to in these specifications. 3. All items for the contract for which forms are provided in the bid documents have been completed in full by the showing of a lump sum price or prices for each and every item and by the showing of other information indicated by the proposal form. The undersigned submits the unit prices set forth as those at which the bidder will perform the work involved. The extensions in the column headed "Total" are made up for the sole purpose of facilitating comparison of bids and if there are any discrepancies between the unit prices and the totals shown, the unit prices shall govern. S:\04-1131\04-05BidDoc. doc dated 8.4.04 Pags 10 $55,000. Assuming that $55,000 exceeds 5% of the lowest contract price, provide the disclosure for both the $15,000 services and the ($40,000 services). The disclosure should be submitted on the following form: S:\04-1131\04-05BidDoc.doc dated 8,4.04 Page 12 The City reServes the fight to reject any and all bids, waive formalities, or accept any bid which appears to serve the best interests of the City. The foregoing prices shall include all labor, materials, equipment, overhead, profit, insurance, and all other incidental expenses to cover the finished work of the several kinds called for. Unit prices are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract attached within ten days and deliver surety bond or bonds as required. The bid security attached in the sum of five percent of the total price for the bid or combination of bids is to become 'the property of the Owner in the event the contract and bond are not executed within the time above set forth as liquidated damages for the delay and additional expense to the Owner caused thereby. The Bidder is x or is not resident Bidder as defined in O.R.S. 279.029. LIM, INCOIlPORATED Firm Name of Bidder Signature of Bidder DAVID A. ~I21~TI,lq~IG Printed Name of Bidder VICE PRESIDENI, CONTRACTING Official Title ORECd3H State of Incorporation 56603 CCB Number Dated this Name of Bidder Address 315T day of AUGUST 2004. L~I4, INCORPORATED P.O. BOX 1145 NEDFORD, OR 97501 541-770-2960 Telephone No. S:\04-1131\04-05BidDoc.doc dated 8.4.04 13. 14. 15. 16. 17. 18. 19. 20. 21. 00350 GEOSYNTHETIC INSTALLATION Subgrade Geotextile 235 SY $ 0 ~Z~'O Oo II ,,,-.~ ~. ~' ?/7/oo 00445 SANITARY, STORM, CULVERT, SIPHON AND IRRIGATION PIPE 12 inch HDPE Storm Pipe with Class "B" Backfill, 5' depth 16 ~F $ qH~ * Fo*'~ ~ro,~. Connect 12" HDPE Storm Pipe to Manhole 18 inch HDPE Storm Pipe with Class "B" Backfill,' 5' depth 0 Connect 18" HDPE Storm Pipe to Existing 18" PVC Storm Drain 1 LS $ ~OO ?..o $ 00470 MANHOLES, CATCH BASINS, & INLETS Concrete Inlets, Type RD 372 2 EA $ ~',~0~'A $ g,~l~x_~ 00641 AGGREGATE, SUBBASE, BASE, AND SHOULDERS 3/4"-0 Aggregate Base for Street, Curb and Gutter 26 CY $ 4"-0 Aggregate Base for Street, Curb and Gutter 80 CY $ Z q °2 3/4"-0 Aggregate Base for Sidewalks and Ramps 10 CY $ I[~~'~ 00744 HOT MIX ASPHALT CONCRETE (HMAC) PAVEMENT 22. Level 2, 1/2 Inch Dense HMAC Mixture 35 TON $ q ~ '--~ $ N '"~'0' 00749 MISCELLANEOUS ASPHALT CONCRETE STRUCTURE 23. Extra for Ramp 50 SF $ to~-* $ 71~r 00759 MISCELLANEOUS PORTLAND CEMENT CONCRETE STRUCTURE 24. Monolithic Curb and Gutter 248 LF $ 25. Concrete 'Ramps (3) with Tactile Warnings 280 SF $ ~'-~ $ ffefl¼% 26. Concrete Sidewalks 9~8 SF $ ~ ~2 $ 'T,.,.,o O, IIo.,--..,, ~. '"'"~0~, 26A. Concrete Driveways 200 SF * 3°''''~ $ TJ~-~ ~. ~ D.Iio,-, $ ---- ° 10. 11. 12. BID SCHEDULE - ADDENDUM 1 HERSEY STREET IMPROVEMENTS 2004 STREET IMPROVEMENT PROJECT 04-05 CITY OF ASHLAND, OREGON SECTION QUANTITY UNIT UNIT. PRICE UNIT PRICE TOTAL (FIGURE) (WORDS) AMOUNT 00210 MOBILIZATION Mobilization 1 LS 00225 WORK ZONE TRAFFIC CONTROL Temporary Traffic Control 1 LS $-- 00280 EROSION AND 'SEDIMENT CONTROL Furnish and Install Erosion and Sedimem Controls 1' LS $ 3(20"-'~ 00310 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Removal of Retaining Wall Removal of Sidewalks, with 5 LF Sawcuts 2 sY $ lqO°~ Removal of AC Paving, with 780 LF Sawcuts 30 SY $ ,~ O~--~ 04 \o, cu o Removal of Curb Ramp Removal of Streetlight Removal of Curb Return, with 1 Sawcut $ 00320 CLEARING AND GRUBBING Clearing and Grabbing 00330 EARTHWORK General Excavation (Cut, Approximately 200 cy), Bidder to estimate quantity and base his LS on bidder's estimate General Excavation (Fill, Approximately 35 cy), Bidder to estimate quantity and base his LS on bidder's estimate 778 LF $ ~ ?~ / , Co, 9.2 ,-1 27. ¸28. 29. 30. Concrete Ramps (3) with Tactile Warnings 235 SF * ~ ~ Concrete Sidewalks 2175 SF $ 2,'~2 Concrete Thickened Edge Under Sidewalk 189 LF $ ~ Concrete Driveways 740 SF $ 00850 PAVEMENT MARKINGS FOR LEGENDS 31. Pavement Legend, BicYCle Lane Symbols 2 EA $ 32. Pavement Legend, Bicycle Lane Arrows 00861 PAINTED PERMANENT PAVEMENT STRIPING 33. White, 8" Solid, Bicycle Lane Stripe 1 LS $ I Oo -" 34. 35. 36, . 37. 00940 SIGNS Relocate Existing Signs 4 EA $ '01050 FENCES Remove and Rebuild Chain Link Fence 110 LF $ l " Remove and Rebuild Picket Fence 02920 HIGHWAY ILLUMINATION AND TRAFFIC SIGNAL MATERIALS Furnish and Install Streetlight per CD60a in Bid Documents '%,_ oe,,o~$ TL,--.L. .. __ LS $ O. I L.,,.-..J $ HERSEY STREET, SUBTOTAL: $ ~ aa., % ! 0 -L~ 12. 13. 14. 151 16. 17. 18. 19. 20. 21. 12 inch I-IDPE Storm Pipe with Class "B" Backfill, 5' depth 151 LF $ q 0~.~ $ 12 inch RCP, with Class "E" Backfill, 5' depth 12 inch RCP, with Class "B" Backfill, 5' depth 11 LF $ cl (3 00470 MANHOLES, CATCH BASINS, & INLETS Concrete Inlets, Type RD 372 4 EA Concrete Storm Sewer Manhole Concrete Inlets, Type CG-2, and Connect to Existing 24" Storm Drain $ ooc -- Concrete Inlet, Type RD372, and Connect to Existing 24" CMP at Station 15+67.14 1 EA $ It ooo°~ $ O~,~ ,~,-~ts.J~ 00490 WORK ON EXISTING SEWERS AND STRUCTURES AdjUSt SSMH Rim to Grade 1 LS $ g'l $ It ooo. Connect 12" SD to Existing Curb Inlet Remove SSMH Concentric Cone, Replace with Eccentric Cone 00641 AGGREGATE, SUBBASE, BASE, AND SHOULDERS 22. 3/4"-0 Aggregate Base for Street, Curb and Gutte~ Driveways, and Bus Slab 23. 4"'0 Aggregate Base for Street, Curb and Gutter 940 CY $ d 00744 HOT MIX ASPHALT CONCRETE 0tMAC) PAVEMENT 24. Level 2, 1/2 Inch Dense ItMAC Mixture 465 TON $ 00759 MISCELLANEous PORTLAND CEMENT CONCRETE STRUCTURE 25. Monolithic Curb and Gutter 2276 LF $ 26. Concrete Driveways 27. Concrete Bus Slab .. 10. 11. 12. BID SCHEDULE - ADDENDUM 1 EAST MAIN STREET IMPROVEMENTS 2004 STREET IMPROVEMENT PROJECT 04-05 CITY OF ASHLAND, OREGON , UNIT PRICE UNIT PRICE TOTAL SECT~,ON QUANTITY UNIT (FIGURE) (WORDS) AMOUNT 00210 MOBILIZATION Mobilization 00225 WORK ZONE TRAFFIC CONTROL Temporary Traffic Control 00280 EROSION AND SEDIMENT CONTROL Furnish and Install Erosion and Sediment Controls 1 LS $ 'lO0 00310 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Removal of AC Paving 4060 SY $ Removal of Concrete Alley Approach and Curb over New Trench / 00330 E~THWO~ General Excavation (Cut, Approx~ately 1400 cy), Bidder to est~ate qu~ti~ ~d b~e his LS on bidder's 1 LS. $ 2{.,OOO~ $~~0.~~~ ~ 00350 GEOSYNTHETIC ~STALLATION Sub~ade Geotextile ~ ~ 4060 SY $ 'O~ $ ~' & ~o~ $ 00445 SANITARY, STORM, CULVERT, SIPHON AND IRRIGATION PIPE 8 inch Sanitary Sewer Pipe with Class ."B" Backfill, 10' depth $ 00-- Connect 8" SS to Existing 6" SS 18 inch HDPE Storm Pipe with Class "B" Backfill, 5' depth_..._ $ I,oqS°--~ Connect 18" HDPE Storm Pipe to Existing 18" PVC Storm Drain 00470 MANHOLES, CATCH BASINS, & INLETS Concrete Sanitary Sewer Manholes 3 EA $ '~,1 0o~-- BID SUMMARY ADDENDUM 1 TOLMAN CREEK ROAD, SUBTOTAL: HERSEY STREET, SUBTOTAL: EAST MAIN STREET, sUBTOTAL: WALKER AVENUE, SUBTOTAL: PROJECT 04-05 TOTAL BID: PERFORMANCE & PAYMENT BOND The undersigned LTM, INCORPORATED , as principal, further xefe. rred to in this bond as Contractor, aud LIBERTY l~JTUAL iNSURANCE COMPANY AND TRAVELERS*, ms surety, furthest referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, ill the su~n of FOUR HUNDRED SEVENTY TWO THOUSAND SEVEN HUNDRED ** Dollars ($472,728.90'******* ). *CASUALTY AND SURETY COMPANY OF AMERICA ** TWENTY EIGHT AND 90/100THS Contrae~r and City have entexed into a written contract dated , for the following project: 2004 Street Imnrovement Pro~_'ect No. 04_:05. ThSs contract is further referred to in tlfis bond ~s the Contract and is incorporated into tkis bond by this xeference. The conditions of this bond are: H Contractor faithfiflly performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in O].~S 279.526 through 279.542, then thSs obligation is null and void; otherwise it sbsll remain in full foxce and effect If Contractor is declared by City to be in defaUlt under the Contract, the Surety shall promptly remedy the default, perform ~.11 of Contractor's obligations under the conlxact in accordance with its terms and conditions and pay to City all damages thai ~re due under the Contract. 3. This bond is subject to claixns under ORS 279.526 through 279.542. This obligation jointly and severally binds Contractor aud Surety and thek respective heixs, executors, administrators, successors. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. Engln~finlt Tel: 541/48~-5347 2D E. Main Street Fa)c 54t-/48S-6006 A~htand. Oregon 97520 TTY: ~00/735-2900 ve~v.a~biand.or.u$ G:~oub-wrks~ng~e~admln~NGlNEER'~ROJEC'D.2004~-05 LTM Acceptance COntl-2C~ Bo~d Lb' 9 04.doc The bond number and the name, address, and Ielephone number of the agent authorized to receive notices.concerning th/s bond axe as follows. Bond Number: Bond Agent 905-042-565 (LIBERTY MUTUAL) - 10435,.3570 (TRAVELERS CASUALTS~..~ KPD INSURANCE, INC. Adckess: P. O. BOX 936 MEDFORD, OR 97501 Telephone: _(541) 245-1111 /(800)..299-5889 SIGNED this 16TH day of SEPTEMBER 2004. WITNESS: (Corgbrate Seal) WITNESS: (Corporate Seal) CONTRACTOR: LTM, INC_..ORPORATED By: ~'~ FT'- Title: DA~NG Vice' President of Contracting Legal Address: P. O. BOX 1145 Attest: MEDFORD, OR 97501 '~ __ Corporate Secretary nm~x¥ mJxu~ n~StmA~C~ COMPANY n~ro T~WI~S CAS~JAI~T~ Am) Stra~T¥ COm'~N~ 0~* SUlZE~mc ,A a Title: PATRICIA C. BOYD, ATTO--~IN-FACT 450 PLYMOUTH ROAD, :~ UITE 401I Le~oal Ad.ess: PLYMOUTH MEETING~PA 19462-1644 8.Y~85 WASHINGTON STREET, ST. pAUL, 1V1]~l 55102 Attest: N/A Corporate See~emry Engineering Tel-.' 541/488-5347 20 E. Melll Street Fax: 541-/48~-60D6 A~hland, Oregon 97520 TTY: 800/735-2~00 ~Www.a.ahland.or.u$ G:~pu~w~x.n~g~dapt-adm~n~ENGINEER~PROJEGT~2004~4-05 LTM ~u:cepta~e Contrac[ Bond Ur 9 04,doc THIS FOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. ] 089324 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, Constitute and aPpoint MARGIE JOHNSON, ANNETTE J. CAN'I'U, PATRICIA C. BOYD, LINDA SHADDON, JERRY D' BALDING, JACKIE ANDERBERG, DANA BRINKLEY, ALL OF THE C1'1'¥ OF SPRINGFIELD, STATE OF OREGON .............................................................................................................................................................. , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed anvand aft undertakinc~s bonds, recognizances and othe_r_su_r_et_v _obli_ga~ti,.?,n,~.,n the penal sum not exceeding FIFTY MILLION AND *************************** DOLLARS ($ ~U,UUU,O'~JU.UU ) each, and the execution of such -- undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been -- duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the fol~owing By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in- fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Timothy C. Mull,y, an official of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. All Powers of Attorney attested to or executed by Timothy C. Mulloy in his capacity as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of this Authorization, including without limitation Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual insurance Company, are hereby rati[ied and approved. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 12th day of August 2002 LIBERTY MUTUALINSURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS Timot~ C. Mulley~ssista~t Secr(~ary ~ On this 12th dayof August 2002... before me. a Notary Public. personally came Timothy C. Mull,y, to me known, and acknowledged that he is an official of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. -- IN TESTIMONY WHEREOF, I ha~e~.hbreunto subscribec~ my name anc~ affixect my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~ . CERTIFICATE t, the undersigned, Assista~,~'emCe~aryofi.l~dt~rty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect ~O'[hi~ 0~of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of 1he following vote of the board of directors of Liberty Mutual ~nsurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this ].(~'~_h. day of ~E~[D'~.~__..I'Qb~' ~. 00z~ ~ X. Hee, Assistant Secreta~ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CAS~UALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City o£ Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Patricia C. Boyd, Jackie Anderberg, Dana Brinkley, Nichole Russell, of Mcdford, Oregon, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companie:~, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bends, recognizances, contracts of indemnity, and other whtings 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. VOTED: 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 l_hat each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: 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 thc Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) CERTIFICATE NUMBER: MARS H EVIDENCE OF PROPERTY INSURANCE i i CHI-00 208697-0 THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMATION ONLY AND CoNFERs NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED HEREIN. PRODUCER Marsh USA Inc. 333 South 7th Street, Suite 1600 Minneapolis, MN 55402-2400 J43750--BR30- INSURED LTM INCORPORATED P.O. BOX 1145 MEDFORD, OR 97501 COMPANY ZURICH AMERICAN INSURANCE CO. LOAN NUMBER , POUCY NUMBER !MCP 3704500-02 EFFECTIVE DATE (MM/DD/YY) IEXPIRATION DATE (MM/DD/YY) ICONT. UNTIL , ! TERMINATED 01/01/04 i 01/01/05 , IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION / DESCRIPTION RE: CITY OF ASHLAND 2004 STREET IMPROVEMENT PROJECT NO. 04-05 LTM #04371 WITH A CONTRACT AMOUNT OF $472,728.90 COVERAGE INFORMATION Thiscertiflcate supersedes and replaces any previOUSly issued cerflflca~ for the policy period noted below. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WiTH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGES / PERILS / FORMS AMOUNT OF INSUF~.NCE ($) DEDUCTIBLE "All Risk" Blanket Real and Personal Property per Policy Form Boiler and Machinery Limit Leased/Rented Contractor's Equipment Builder's Risk/Installation (See Attached) *Deductibles apply to all coverages except: Earthquake, Flood and Windstorm, which have higher deductibles. Business Income, Rental Income and Extra Expense are subject to a 72 hour deductible any one occurrence. 25,000,000 15,000,000 1,000,000 *25,000 *25,000 *25,000 REMARKS (Including Special COnditions) CANCELLATION SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 45 DAYS WRI']q'EN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES OR THE ISSUER OF THIS CERTIFICATE. CERTIFICATE HOLDER NAME AND ADDRESS NATURE OF INTEREST CITY OF ASHLAND : 1 ADDITIONAL INSURED ATTN: JIM OLSON '_.~ ? MORTGAGEE : 20 EAST MAIN STREET ASHLAND, OR 97520 i LOSS PAYEE (OTHEI~I) MARSH USA INC. BY Jean Stephanie iMM3 (3/02) VALID AS OF: 09/20/04 ADDITIONAL INFORMATION PRODUCER Marsh USA inc. 333 South 7th Street, Suite 1600 Minneapolis, MN 55402-2400 J43750--BR30- INSURED LTM INCORPORATED P.O. BOX 1145 MEDFORD, OR 97501 CHI-001208697-01 COMPANIES AFFORDING COVERAGE COMPANY E COMPANY F COMPANY G COMPANY H DATE (MM/DD/YY) 09/20/04 BUILDERS RISK COVERAGE DURING COURSE OF CONSTRUCTION SUBJECT TO POLICY TERMS AND CONDITIONS. Any one Building, Structure or Project -- $10,000,000 Limit (Deductible $25,000) except, Transmission and Distribution Lines Work -- $2,500,000 (Deductible $25,000) Paving, Decking of Bridges -- $10,000,000 Limit (Deductible $25,000) Flood - $100,000 except for High Hazard: $500,000 Building, $500,000 Contents and 15 Day Waiting Period for Time Element Earth Movement - Limit: $50,000,000 - 2.5% Deductible subject to a minimum of $100,000 California Earth Movement - Limit: $10,000,000 - 5% Deductible subject to a minimum $250,000 CERTIFICATE HOLDER CITY OF ASHLAND ATTN: JIM OLSON 20 EAST MAIN STREET ASHLAND, OR 97520 MARSH USA INC. BY Jean Stephanie Parle M A R S H CERTIFICATE OF INSURANCE!CE.T,F,CATE NUMBER CHI-001208954-01 PRODUCER THIS cERTI'FIcATE IS ISSUED AS A MATTER OF' INFORMA'rlON ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 333 South 7th Street, Suite 1600 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Minneapolis, MN 55402-2400 · AFFORDED BY THE POECIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE . OOMPANY J43750-LTM-GAX-90 ' ~ ZURICH AMERICAN INS. CO. INSURED ':]' COMPANY LTM INCORPORATED , n,.:. ~' B AEGIS PO BOX 1145 MEDFORD, OR 97501 ,' COMPANY C LIBERTY MUTUAL FIRE INSURANCE! COMPANY .. COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the pOlicy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLiCiES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO I T,,- .... NvURANC. POUCY NUMBER UMITS ......... POUCY EFFECTIVE 1POUCY EXPIRATIONI LTR DATE{M~,',,'DDP'~.') ~ DATE(MM,/DD/YY) I A GENERAL EABIUTY GLO2978839-04 01/01/04 01/01/05 GENERAL AGGREGATE $ 2,000,000 X~ COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP/DP AGO $ 21000,000 I C ,MS MADE IXl occur PERSONAL ADV, ,JURY $ 1,ooo,ooo OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCF $ 1,000,000 X ~ER P_F~OJF_C~TL~ _ .. FIRE DAMAGE (Any ()ne fire) $ 1,000,000 ~,GGREGATE MED EXP (Any one i~.=rson) $ 10,000 A AUTOMOBILE LIABIETY _ BAP2978840-04 01/01/04 01/01/05 COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO TAP3374182-04 01/01/04 01/01/05 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY · X NON_OWNED AUTOS (Per accident) X Physical Damage PROPERTY DAMAGE $ GARAGE UABIUTY AUTO ONLY. EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGOREGATE $ / EXCESS UABIUTY X0259A1A04 01/01/04 01/01/05 EACH oC~URREN~C E . _iS B 5,000,000 ~ UMBRELLA FORM 'Claims-First-Made Excess Policy' AGGREGATE I~ 5,000,000 X I OTHE~ THAN UMBRELLA FL~RM 'Retrc Date 11/0!/86' $ C WORKERS COMPENSATION ANDEMPLOYERS, UABlUTY WC2-641-005097-024 01/01/04 01/01/05 "' I TORYLIMITS ]_~'~ C WA2-64D-005097-014 01/01/04 01/01/05 EL EACH ACCIDENt' $ 1,000,000 C THE PROPRIETOR/ ~ ~NCL WC2-641-005097-034 01/01/04 01/01/05 EL DISEASE-POLICY UMIT { - ~,000,000 PARTNERS/EXECUTIVE OFF~CERSARE: EXCL Includes "Stop-Gap" EL D~SEASE-EACH EMPLOYEE $ 1,000,000 OTHER WORKERS COMPENSATION IS EXCLUDED FROM ADDITIONAL INSURED WORDING DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: CITY OF ASHLAND 2004 STREET IMPROVEMENT PROJECT NO. 04-05 (LTM #04371). CITY OF ASHLAND, ITS EMPLOYEES AND ASSIGNS ARE INCLUDED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE INSURER AFFORDING COVERAGE WILL E~ MAIL 4.~ DAYS WRITTEN NOTICE TO THE CITY OF ASHLAND CERTIFICATE HOLDER NAMED HEREIN, ATTN: JIM OLSON ASHLAND, OR 97520 ~~x,~a~ccxxxxxxxxxxxxxx MARSH USA INC, BY: Jan D. Sutton MM1(3i02) VALID AS OF: 09/20/04 Y 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 / 10i15/2004 I Page 1 05473 VENDOR: 000100 LTM INC P O BOX 1145 MEDFORD, OR 97501 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net 10th of Month Req. Del. Date: Special Inst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown - Street Confirming? Yes 2004 Street Improvement Project 496 330.00 Tolman Creek Widening Walker Avenue Turn Lane Public Works Contract Dated: October 5, 2004 5UBTOT~ 496,330.00 BILL TO: Account Payable T~ 0.00 20 EAST MAIN ST FREI6HT 0.00 541-552-2028 TOT~ 496,330.00 ASHLAND, OR 97520 E 260.08.12.00.704200 357,357.60 E 260.08.34.00.704200 138,972.40 I Aut h ori~z~...~$ ignat u re VENDOR COPY PROJECT ACCOUNTING WORKSHEET C. ITY OF -ASHLAND PROJECT NUMBER (YEAR XX) PROJECT TITLE PROJECT DESCRIPTION Department Project Manager Department Head BUDGET INFORMATION Identify fiscal year / potential splits Identify Funding Codes and Funding Code names DESIGN Engineer Name PO COST .t00 200405 I 12004 Street Improvement Project I Four street construction projects: Tolman Creek Widening, E. Main Street reconstruction, Walker Avenue turn ane, Hersey Street widening. Public Works En~ineerin~l Jim Olson Paula Brown ITM I En~]ineerin~l J Construction 260.08.12.00.704200 $ 260.08.34.00.704200 $ 710.08.11.00.604100 $ 710.08.23.00.604130 $ Ma~uess &Associa~slnc. 5075 $ 56,400.00 28,000.00 8,400.00 10,000.00 10,000.00 $357,330.00 139,000.00 56,400.00 $496,330.00 CONSTRUCTION .t 20 contractor name PO budget estimate bid / contract total Contingency changes total CONSTRUCTION MANAGEMENT engineername PO budgetestimate bid/contract total changes total .150 PERMIT COSTS (Building Dept) budget estimate final costs .170 LTM Inc. pending $ $ 456,000.00 472,728.90 5% G:Pub-wrkslengldept-adminlenglprojectl2004104-05 Proj Acct Worksheet10 04.xls CITY OF -AS H LAN D REQUISITION No. PW - FY 2005 Department Public Works Vendor LTM INCORPORATED PO BOX 1145 MEDFORD OR 97501 Account No. 260.08.12.00.704200 260.08.34.00.704200 Date October 4, 2004 Requested Delivery Date Deliver To JIM OLSON Via ASAP 72% (* Note: Please allow approximately two(2) weeks for delivery on items not 28% generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. 2004 STREET IMPROVEMENT PROJECT Tolman Creek Widening East Main Reconstruction Walker Avenue Turn Lane Hersey Street Widening TOTAL $472,728.90 Contingency 5% $ 23,601.10 /''~'' $496,330.00 for Karl: BID /RFp /EXERT: C~ntraCt Start Da~e: Oct°ber 5, 2004 contract completion Date: I' s I , project N°: 04'05 Job No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted ~Dep~ment Head or Authorized Person Issued By Date Received By G:Pub-wrkslengldept-adminlengineerlprojectJ2004104-05 L.TM Requisition 10 04.xls