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