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HomeMy WebLinkAbout2006-114 Contract - R&G Excavating CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this -13..ft! day of JU..A'l.( , :1()O~ , between the City of Ashland, ("City") and ---1i i (~ {""", r ab4 ~ ( '" c. "(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 Raw Water Pipeline/ Penstock Project 03-16. Contractor was awarded the ~id 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. Performance and Payment Bonds: Contractor shall, within five days after execution of the contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of /2, 7.5:l 49().00 conditioned upon the faithful payment and performance of this contract upon the part of the Contractor as required by ORS 279C.380. 5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and approximately caused by the negligence of City. 6. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any work under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2003\03-16 RG Contract Docs 6 06.doc 7. Default: A default shall occur under any of the following circumstances: 7.1 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. 1.2 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. 1.3 From any other cause whatsoever, shall not carryon the work in an acceptable manner. 8. Remedies: In addition to the rights and remedies to which the City may be entitled by law for the enforcement of its rights under this contract, City shall have full power and authority, without violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may cause a contract for the completion of this contract according to its terms and provisions, or use such methods as required for the completion of the contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the contract, shall be deducted from any money due or which shall become due the Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the contract if it had been completed by the Contractor, then the Contractor shall be entitled to received the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have been payable under the contract, the Contractor and the surety shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. 9. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor & Industries Wage & Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland OR 97232 The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining to prevailing wage rates. 10. Living Wage Rates: If the amount of this contract is $15,964 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 notice predominantly in areas where it will be seen by all employees. The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining to prevailing wage rates. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2003\03-16 RG Contract Docs 6 06.doc 11. Assignment and Subcontracts: Contractor shall not assign this contract without the written consent of City. Any attempted assignment without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. Contractor may not substitute any subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written consent of the City, or by following the procedures ofORS 279C.585 and OAR 137-049-0360. CONTRACTOR By: f2L aLt Signature J)J ;1;1Ju- Printed Name /fhfI? CIT By: Its: By: Date: J..&.Jc.t.^, 4t By: Legal 1-J/-06 Department Head Coding: , 74. (18 ,I!>. g() . '04-- zoo (For City use only) "10 . q~. ,'.01. 7Q1200 "4-'/0 (~vt7't.Y) ;31, Y. (~(1C) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2003\03-16 RG Contract Docs 6 06_doc Bond No. 104730528 ".---. SECTION 00610 FAITHFUL PERFORMANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS, THAT, WHEREAS, the City of Ashland, Oregon, hereinafter designated the "Owner," has, on June 6 , 20~, awarded to R & G Excavating, Tne , hereinafter designated as the "Principal," a contract for the construction to the City of Ashland Raw Water Pipeline/Penstock, and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contracts: NOW, THEREFORE, WE, the Principal, and Travelers Casual ty and Surety Company of America as Surety, are held and firmly bound unto the Owner the penal sum of Two Mi 11 ion Seven Hundred Thirty-two Thousand Four Hundred and Ninety dollars ($ 2 , 732 , 490 . 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. --.. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is -brought on this bond, will pay to the Owner such reasonable attorneys' fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair or replacements or totally protect the said Owner from loss or damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. P:\25435 City of Ashland. Main Feeder Raw Water Pipeline\Specifications'.90 Pct Raw Water Pipeline _Penstock'Div O\OO61O.doc: 3'30/06 00610-1 And the said Surety, for value received, hereby stipulates and agrees that no change, ~, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. IN WlTNESS WHEREOF, the above bounden parties have executed this instrument under their seals this 19th day of June , 20 06 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. R & G Excavating, Inc. Principal (Seal) ru~ SignatureforPrincipal Gary Zellner President Title of Signatory Travelers Casualty and Surety Company of America (St-.al) Attorney-In-Fact Title of Signatory **END OF SECTION** r-'-- 00610-2 P:125435 City of Ashland. Main Feeder Raw Water PipeJine\Specitications\90 Pct Raw Water PipeJine_Penstock\Div 0\OO61O.doc; 3/30/06 Bond No. 104730528 SECTION 00620 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT, \VHEREAS, the City of Ashland, Oregon, hereinafter designated the "Owner," has, on June 6 , 20~, awarded to R & G Excavating, Inc. hereinafter designated as the "Principal," a contract for the construction to the City of Ashland Raw Water Pipeline/Penstock, and WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: ~ NOW, THEREFORE, WE, the Principal, and Travelers Casual ty and Surety Company of America as Surety, are held and firmly bound unto the Owner the penal sum of Two Million Seven Hundred Thirty-two Thousand Four Hundred and Ninety dollars ($ 2 , 732 , 490 . 00 ) l~wful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance ofthe work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of all applicable laws, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorneys' fees to the Owner as shall be fixed by the court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under applicable laws, so as to give a right of action to them or their assigns in any suit brought upon this bond. ,,--... P:125435 Cily of Ashland, Main Feeder Raw Waler Pipeline\Specificalions'9o. Pel Raw Waler Pipeline_Pensloek\Div o.\OO62o..doc; 3,30.'0.6 00620-1 And the said Surety, for value received, hereby stipulates and agrees that no change, ---. extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this 19th day of June , 20 0 6 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. R & G Excavating, Inc. Principal (Seal) ag .8c/t. Signature for Principal Gary Zellner President Travelers Casualty and Surety Company of America Surety Title (Seal) .-----.... Jennie Randall Title Attorney-In-Fact **END OF SECTION** ~. 00620-2 P:'i25435 City of Ashland, Main Feeder Raw Water Pipeline\Speciftcationsl90 Pct Raw Water Pipeline ]enstock\Div 0\OO620.doc; 3/30/06 POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~S'TPAUL ~ TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 214456 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 0 12 6 9 4 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lynn Miller, Laurel Hammack, and Jennie Randall of the City of Lake Oswego , State of Oregon , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WIT~~~'fr~EREOF, the Com~5rJ6s have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of ,. 17th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company €> State of Connecticut City of Hartford ss. St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: 17th February 2006 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2006. 58440-9-05 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 Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance €ompany, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of. America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at 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 appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ~ day of Ju ~ , 21Jlp Kori M. Johans @) To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY WARNiNG: THIS POWER OF ATTORNEY is INVALID WITHOUT THE RED BORDER IIJJiSTPAUL ~ TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 2]4456 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 0 12 6 9 4 7 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lynn Miller, Laurel Hammack, and Jennie Randall of the City of Lake Oswego , State of Oregon , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Comp'anies have caused this instrument to be signed and their corporate seals to be hereto affixed, this d f February ~006 ~o ,. 17th Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company o ~ State of Connecticut City of Hartford ss. St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: . 17th February 2006 On thIS the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2006. 58440-9-05 Printed in U.SA '<<\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 BORDE '! This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc" Seaboard Surety Company, SI. Paul Fire and Marine Insurance Cbmpany, St, Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at 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, ifrequired) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is- attacned. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sur~ty Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney exeCuted by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this /~ day of lJUN t& ,20 _' Kori M. Johans ~ ~~ @ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID 1~ DATE (MMlDDIYYYY) R&GEX-l 06/20/06 PRo6UcER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOfl ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hays Companies of Oreqon HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5285 SW Meadows Rei, '451 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Portland OR 97035 Phone: 503-624-4750 Fax: 503-624-4751 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: 'fransportation IDaurance Co. INSURER B: American Casualty Company R&G Excavatinq, Inc. INSURER c: 39300 Mont~omery Drive INSURER D: Scio OR 97 74 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY 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 CLAlMS. NSR[ POLICY NUMBER ~~1~ RATION LIMITS LTR TYPE OF INSURANCE DATE"IMMIDDIYYl ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY TCP2083996732 10/01/05 10/01/06 PREMISES (Ea occurence) $ 100,000 :=J CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 5,000 f-- PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPropAGG $ 2,000,000 h POLICY n ~~8r n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 f-- $ B X ~ ANY ALITO BUA2083997248 10/01/05 10/01/06 (Ea accident) ALL OWNED ALITOS BODILY INJURY f-- $ SCHEDULED ALITOS (per person) f-- f--- HIRED ALITOS BODILY INJURY (per accident) $ NON-OWNED ALITOS f-- f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ALITO ONLY - EA ACCIDENT $ R ANY ALITO OTHER THAN EAACC $ ALITO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCllBLE $ RETENTION $ $ WORKl!RS COMPENSATION AND ITORYLlMm3 I rcmr- EMPLOYERS' LIMIILITY EL EACH ACCIDENT $ ANY PROPRIIiT~RTNERlEXECunVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ ~~CI~tp~~';:~NS bekm EL DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: The Raw Waterline/Penstock Replacement Project 03-16 - City of Ashland. The City of Ashland, its Officers, Employees, Aqents and The Construction Manaqer, The Desiqn Enqineer and their officers, principals, aqents , subcontractors and employees are added as additional insured as their interest may appear in the above project. Waiver of Subroqation applies. CERTIFICATE HOLDER CANCELLATION Ci ty of Ashland Department of Public Works 51 Winburn Way Ashland OR 97520 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR -', G-17957 -G (Ed. 01101) C'NA IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODilY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCT8-COMPlETED OPERATIONS HAZARD". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE N8I1I8 of Person or Organization: Designated Project: (Coverage under this endoraemMt is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to 2. The Limits of Insurance applicable to the include as an insured any person or organization, additional insured are those specified in the inclUding any person or organization shown in the written contract or written agreement or in the schedule above, (called additional insured) whom you Declarations of this policy, whichever is less. are required to add as an additional insured on this These Limits of Insurance are inclusive of, and not policy under a written contract or written agreement; in addition to, the Limits of Insurance shown in the but the written contract or written agreement must be: Declarations. 1. Currently in effect or becoming effective during the 3. The coverage provided to the additional insured term of this policy; and by this endorsement and paragraph f. of the definition of "insured contracr under 2. Executed prior to the "bodily injury," "property DEFINITIONS (Section V) do not apply to "bodily damage," or "personal and advertising injury". injury" or "property damage" arising out of the B. The insurance provided to the additional insured is "products-completed operations hazard" unless limited as follows: required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" arising out of the "products-completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. G-17957-G (Ed. 01101) Page 1 of 2 ;, b. 5 years from the completion of "your work" on the project which is the subject of the written contract or written agreement, whichever is less. 4. The insurance provided to the additional insured does not apply to "bodily injury,. "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: 8. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV - COMMERCIAL GENERAL UABIUTY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: I I - - -- == IiiiIIIlIIIil !!!!!!!! - == - iiiii IiiiIIIlIIIil - - - iiiiiiiiiii - G-17957 -G (Ed. 01101) G-17957 -G (Ed. 01101) (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suir under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2 POLICY NUMBER: TCP2083996732 COMMERCIAL GENERAL LIABILITY 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Re: The Raw Waterline/Penstock Replacement Project 03-16 - City of Ashland. The City of Ashland, its Officers, Employees, Agents and The Construction Manager, The Design Engineer and their officers, principals, agents, subcontractors and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) 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 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. CG 24041093 @ Insurance Services Office, Inc., 1992 ,~, CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 l-'oiTV r"'i'f'"f'.C_ __.' ~:R'S COpy \..n I . nCV - . 811-/2006 1 I Page 1 /1 06974 VENDOR: 009545 R & G EXCAVATING INC 39300 MONTGOMERY DRIVE SCIO, OR 97374 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speclallnst: Req. No.: Depl: PUBLIC WORKS Contact: Paula Brown Confirming? No THIS IS A REVISED PURCHASE ORDER Raw Waterline Construction Proiect Project mana!:ler: Pieter Smeenk Brown & Caldwell performed en!:lineerin!:l. BID Contract: June 23,2006 Start Date: June 8, 2006 Completion Date: December 2006 Insurance required/On file 2,732,490.00 Processed chan!:le order 10/23/2006 Chan!:led percenta!:les char!:led to each account number BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL E 670.08.15.00.70420 E 670.08.36.00.70420 ~-L-~__~/Z> ~ Auth zedSlgnatun( VENDOR COPY I- r CITY OF ASHLAND REQUISITION No. PW - FY 2007 Department PUBLIC WORKS Vendor R&G EXCAVATING INC. 39300 MONTGOMERY DRIVE SCIO OR 97374 Account No. 670.08.15.00.704200 670.08.36.00.704200 Date October 18,2006 Requested Delivery Date Deliver To Dawn Lamb Via Paula Brown 64% (. Note: Please allow approximately two(2) weeks for delivOl)' on item. not 36% pnerally caried in stored, and approximllely two (2) month. on printing job..) ASAP eo~~ .. Item No. Quantity Unit Description Use of Purchasin Office Only Unit Price Total Price PO No. Raw Waterline Construction Project Pieter Smeenk project manager Brown & Caldwell performed engineering $ 2,732,490.00 TOTAL S 2,732,490.00 Job No. Unit No. I hereby certify that the above item. are nece.sary for the operation of this department and are budgeted ~ / Department Head or Authorized Penon Issued By Date Received By r., ~ t? 6J! '1 iJ G:Pub-wrkslengldept-admin/engineer/prOjectlG:\pub-wrkSlengldept_adminIENGINEER\PROJECT\2003\03-16 RG Requisition Rev 10 06.xls PROJECT ACCOUNTING WORKSHEET PROJECT NUMBER (YEAR XX) PROJECT TITLE PROJECT DESCRIPTION Department Project Manager Department Head BUDGET INFORMAll0N Identify fiscal year I potential splits Identify Funding Codes and Funding Code names Budgeted Amount Per CIP 2003161 C IT Y 0 F ASHLAND I RAW WATERLINE REPLACEMENT Replacement of the raw waterline from Reeder Reservoir to the Water Treatment Plant Engineering is combined with project 03-15 Main Feeder Line Replacement Public Works - Water Supply Pieter Smeenk Paula Brown IFY07 670.08.15.00.704200 - 64% 670.08.36.00.704200 - 36% Water Su & Water SDC Su $2,500,000 (see 03.15) DESIGN .100 Engineer Name Brown & Caldwell PO COST Change Orders 1 2 3 CONSTRUCll0N .120 contractor name PO bid I contract total changes total CONSTRUCll0N MANAGEMENT .150 engineer name PO budget estimate bid I contract total changes total PERMIT COSTS (Building Dept) .170 budget estimate final costs I Construction I Inspection 1,748,793.60 $ 983,696.40 $ 139,767.04 78,618.96 SURVEY Terrasurvey $ 4617 29,000.00 $ 29,000.00 $ 4826 $ 218,386.00 Change Order #4 to 03-15 $ 218,386.00 rj.' R&G Excavating Pending $ $ 2,732,490.00 2,732,490.00 Brown & Caldwell G:Pub-wrXsleng/dept-adminlengineer/projectlO3-16 Proj Acct Worksheet.xls Miscellaneous Costs: Larry Helenius - SCADA System Galli Group Economy Plumbing Fed Ex Mail Tribune Daily Tidings Daily Joumal of Commerce DHS Review USFS Permit USDA Permit Marquess & Associates DSL Permitting Landscaping Qwest Phone Service DEQ Plan Review Electric Department TOAL PROJECT: Cost to Date: $ $ 670.00 670.00 Original Contract: $ $ $ $ 2,761,490.00 11,250.00 10,000.00 10,000.00 Briggs power line G:Pub-wrllsleng/dept-admln/engineer/projectlO3-16 proj Acct Worksheet.xls '" r Page 1 / 1 ,~, CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 DATE 8/1 /2006 PO NUMBER 06974 VENDOR: 009545 R & G EXCAVATING INC 39300 MONTGOMERY DRIVE SCIO, OR 97374 SHIP TO: Ashland Public Works (541 ) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? No Quantitv Unit Description Unit Price Ext. Price Raw Waterline Construction Project 2,732,490.00 Project manaqer: Pieter Smeenk Brown & Caldwell performed enqineerinq. BID Contract: June 23, 2006 Start Date: June 8, 2006 Completion Date: December 2006 Insurance required/On file . SUBTOTAL 2 732 490.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 2,732,490.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420( 200316.120 2.049.367.50 E 670.08.36.00.70420( 200316.120 683,122.50 N- ~rized ~~tSe VENDOR COpy CITY OF ASHLAND REQUISITION No. PW - FY 2007 Department PUBLIC WORKS Vendor R&GEXCAVATINGINC. 39300 MONTGOMERY DRIVE SCIO OR 97374 Account No. 670.08.15.00.704200 670.08.36.00.704200 Date July 3 I, 2006 Requested Delivery Date Deliver To Dawn Lamb Via Paula Brown ASAP 750/0 (* Note: Please allow approximately two(2) weeks for delivery on items not 250/0 generally caned 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. Raw Waterline Construction Project Pieter Smeenk project manager Brown & Caldwell performed engineering $ 2,732,490.00 TOTAL $ 2,732,490.00 for Karl; BID /RFP / EXEMPT: Bid Contract Start Date: June 8, 2006 Contract Completion Date: Dec-06 In on file: I YES I NO Pr 200316.120 Job No. Unit No. I hereby certify that the above items 8re necessary for the operation of this department and are budgeted Department Head or Authorized Person Db Received By rA' G:Pub-wrks/eng/dept-admin/engineer/projectlG:\pub-wrks\engldept-adminIENGINEERIPROJ ECT\2003103-16 RG Requisition 6 06.xls