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Home My WebLink About2007-119 Contract - Taylor SIte Development CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this /_~.j.!l day of:::r:.\e.. ,2007 between the City of Ashland, ("City") and Taylor Site Development, Inc. "(Contractor"). City and Contractor agree: 1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the North Main Pump Station. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract documents, which shall take precedence over the bid. This contract and attached exhibits constitute the entire agreement between the parties. No waiver, consent, or modification or change of terms of this contract shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this contract. Contractor, by signature of its authorized representative, hereby acknowledges that he/she has read this contract, understands it, and agrees to be bound by its terms and conditions. 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$367,375.00 conditioned upon the faithful payment and performance ofthis contract upon the part ofthe 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 ofthis 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: G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-06 Taylor Contract Document 607.doc p r 6.1 General Liability. 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. 6.2 Worker's Compensation. Worker's compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers. 6.3 Automobile Liability. Automobile liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. The City of Ashland, its officers, employees and agents shall be named as additional insureds on each required insurance policy. 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 coverage 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. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 7. Compliance with Law: 7.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530. 7.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209. 7.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status. 7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-06 Taylor Contract Document 6 07.doc federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 8. Default: A default shall occur under any of the following circumstances: 8.1 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. 8.2 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. 8.3 From any other cause whatsoever, shall not carryon the work in an acceptable manner. 8.4 Contractor commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; 8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that it required to perform the Services or to qualify as a QRF; 8.6 Contractor attempts to assign rights in, or delegate duties under the Contract. 9. 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. 10. Termination: 10.1 Mutual consent. This contract may be terminated at any time by mutual consent of both parties. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-06 Taylor Contract Document 6 07.doc 10.2 City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. 10.3 For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: a. If City funding from federal, state, county, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of servIces; b. If federal or state regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or c. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract for any reason denied, revoked, suspended, or not renewed. lOA For Default or Breach.. a. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. Ifthe party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. b. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. c. The rights and remedies of City provided in this subsection (lOA) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. 10.5 Ob1igation/Liabilitv of Parties: Termination or modification of this contract pursuant to subsections 10.1, 10.2, 10.3 and 1004 above shall be without prejudice to any obligations or liabilities or either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections 10.1, 10.2, 10.3 and 1004 of this section, Contractor shall immediately ceased all activities under this contract, unless expressly directed otherwise by City in notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-06 Taylor Contract Document 607.doc attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 12. 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. All Contractors and subcontractors working on a public works project must file a $30,000 "public works bond" with the Construction Contractor's Board. This bond is to be used exclusively for unpaid wages determined due by BOLL Some exemptions from this requirement are to provided for certified disadvantaged, minority, women or emerging small business enterprises. General Contractors must verify that subcontractors have filed a public works bond. 13. 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 Living Wage *- notice predominantly in areas where it will be seen by all employees. 14. Assignment and Subcontracts: Contractor shall not assign this contract withou.t 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. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-06 Taylor Contract Document 6 07.doc arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Prior Approval Required: Approval of the City of Ashland Councilor Public Contracting Officer is required before any work may begin under this contract. ::'':/i/f~ ~ Llf!- ~ /?"lark -ray/or Printed Name CITY OF ASHLAND By: ~~ Lee Tuneberg Finance Director Its: --;;;'1'/0'" 5;1<::.. Deveictf'Me",,'f; 1v1(. By: Department Head Date: ;Zq..lt.-t.+1 () 7 ,....... Coding: (For City use only) >i-? t'. CJ e..? 0 ~~-; \. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1i2004\04-06 Taylor Contract Document 6 07.doc From: W.R. Reed & Co. To: 15414886006 Page: 2/4 Date: 6/22/2007 11 :09: 13 AM -- ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP 10 J~ DATE (MMlDDIYYYY) TAYSI-1 06/22/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE W.R. Reed & Co. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4380 SW Macadam Ave., #300 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97239-6427 Phone: 503-223-1128 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER' A Continental Western Ins. Co. 10804 It'bURER B Taylor Site Develo~nt Inc INSURER C dba Taylor Construction PO Box 1132 INSURER 0 Medford OR 97501-0084 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 CLAIMS. '''' r;l'sRD POLICY NUMBER PD~~iMMlDDNY) Pgk!&Y(~~'b"~N LIMITS LTR lYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - L.lr'\IVV.JL A X X COMMERCIAL GENERAL LIABILITY CWP234989424 10/08/06 10/08/07 $ 100000 - o CLAIMS MAOE ~ OCCUR PREMISES lEa occurence) MEO ElP (Anyone person) $ 5000 - PERSONAL & AOV INJURY $ 1000000 - GENERAL AGGREGATE $2000000 - GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2000000 I n PRO- nLOC POLICY JECT ALrrOMOBILE LIABILITY COMBINEO SINGLE LIMIT - $ 1000000 A ~ ANY AUTO CWP234989424 10/08/06 10/08/07 lEa accldenl! ALL OWNED AUTOS BODIL Y INJURY f-- (Per person) $ SCHEDULEO AUTOS f..-.- ~ HIRED AUTOS BODIL Y INJURY IPer aCCident) $ X NON-OWNED AUTOS f-- PROPERTY DAMAGE $ (Per aCCldenl! GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONL Y AGC- $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MAOE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMI'Tui I IU~R EMPLOYERS' LIABILITY E LEACH AC CIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMF'LOYEE $ If yes, deSCribe under E L DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Ashland is an additional insured per fo:r:m CG3262 1005 attached. CERTIFICATE HOLDER CANCELLATION ASH6227 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, BLrr FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Ashland 20 l!: Main st Ashland OR 97520 @ ACORD CORPORATION 1988 ACORD 25 (2001108) From: W.R. Reed & Co. To: 15414886006 Page: 3/4 Date: 6/22/2007 11 :09: 13 AM ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 J~ DATE (MMlDDIYYYY) TAYS:I-l 06/22/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE W.R. Reed & Co. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 43S0 SW Macadam Ave., #300 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97239-6427 Phone:503-223-112S INSURERS AFFORDING COVERAGE NAIC# INSURED INSUF'ER i' Continental Western Ins. cO. 10S04 INSURER B Taylor Site Development :Inc INSUF'ER C dba Taylor Construction PO Box 1132 INSURER [, Medford OR 97501-00S4 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 CLAIMS. IfNSR = POLICY NUMBER PD~~ (MMlDDNYI I pgk~1r(~~,b~~N LIMITS LTR TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ 1000000 e-- A X X COMMERCIAL GENERAL LIABILITY CWP2349S9424 10/0S/06 10/0S/07 ~~~;s~~ '(E~"~~'C~~enGe) $ 100000 I CLAIMS MACE ~ OCCUR MED EXP (Anyone person) $ 5000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2000000 I nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT e-- $ 1000000 A ~ ANY AUTO CWP2349S9424 10/0S/06 10/0S/07 lEa accident! ALL OWNED AUTOS BODIL Y INJURy' e-- $ SCHEDULED AUTOS (Per person) f-- ~ HIRED AUTOS BO['IL Y INJURY $ ~ NON-OWNED AUTOS IPer aCCIdent) f-- PROPERTY DAMAGE $ (Per aCCIdent! GARAGE LIABILITY AUTO OI,L Y - EA ACCIDENT $ R AI,Y AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~~\ t:~"TUS I \UE'H- ER EMPLOYERS' LIABILITY E L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E L DISEASE - EA EMPLOYEE $ If yes. descnbe under EL ['ISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Thorton Engineering, :Inc. is an additional insured per fo:rm CG3262 1005 attached. CERTIFICATE HOLDER CANCELLATION TH06227 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 Thorton Engineering, :Inc. 1236 Disk Drive, Ste 1 Medford OR 97501 @ ACORD CORPORATION 1988 ACORD 25 (2001108) From: W.R. Reed & Co. To: 15414886006 Page: 4/4 Date: 6/22/200711:09:14 AM POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 32 63 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations: Information required to complete this Schedule. if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only to the extent that the liability for "bodily injury" or "prop- erty damage" is caused by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" . CG 32 63 10 05 @ ISO Properties, Inc., 2005 Page 1 of 1 o SAIF Corporation 6/15/2007 3:26:22 PM PAGE 1/001 Fax Server OREGON WORKERS' COMPENSATION CERTIFICATE OF INSURANCE a.I~~~, ilJ If1V)., ,")'i""Rr; ---CE1VI2D CERTIFICATE HOLDER: CITY OF ASHLAND 20 EAST MAIN STREET ASHLAND, OR 97520 ! ',/.../ City Of The policy of insurance listed below has been issued to the insured named below for the po i period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions (lnd conditions of such policy. l (i[f) POLICY NO. 497846 POLICY PERIOD 01/01/2007 TO 01/01/2008 BROK~R OF R~CORD: ISSUE DATE 06/15/2007 INSUR~D: TAYLOR SITE DEVELOPMENT INC 1501 SAGE RD STE B MEDFORD, OR 97501-1762 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Bodily Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend Or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE C~~ r--- (~I SAIF CORPORATION I 100 High St SE I Salem, OR 97312 I P: 800,285.8525 I www.saif.com Page 20 PAYMENT BOND The undersigned TAYLOR STTE DEVELOPMENT ~ ECIALIY , as principal, further referred to in this bond as Contractor, and ~Mgu~l\.ctlttll AM , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of THREE HUNDRED SIXTY SEVEN THOUSAND Dollars ($367.375.00------ ). THREE HUNDRED SEVENTY-FIVE AND NO/lOO'S Contractor and City have entered into a written contract dated -:::lu,^e \ 5 2,')0''1 , for the following project: North Main Pump Station. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract within the time prescribed by the Contract, and promptly makes payment to all claimants, as defined in ORS 279C.600 through 279C.620, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.600 through 279C.620. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment ofthe bond premium shall not invalidate this bond. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04_06 N Main Pump Station Bid 407.doc Page 21 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: 2064691 Bond Agent: PHOENIX SURETY AGENCY. INC. Address: 16703 SE MCGILLIVRAY BLVD. SUITE 185 VANCOUVER. WA 98683 Telephone: 360-892-5840 SIGNED this 13TH day of JUNE 2007. WITNESS: CONTRACTOR: By: PMENT. INC. (Corporate Seal) Legal Address: Attest: /501 --S.7<"' Rd_ ..5:..,,:h' 13 /Y7edli~rd 0..<.' 97501 ~l ~r- orporate Secretary (Corporate Seal) SPECIALTY INSURANCE COMPANY WITNESS: By: Title: BONN I E RIDDLE. ATTORNEY - IN - FACT Legal Address: (H10 RROADWAY AVF.. ~TTTTF. 420 BOISE. ID 83706 Attest: SEE ATTACHED P.O. A. Corporate Secretary G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-06 N Main Pump Station Bid 407.doc NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws ofthe State of Arizona and having its principal office in the City ofItasca, Illinois, each does hereby make, constitute and appoint: ROBERT LAGLER and BONNIE RIDDLE JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ~,,,\\\11111111111' ".'Io~ c'''u Tt f. 1/~ ~~f't)..........,.~~ $ .....{pV.POIl..'&.~~% .::::' ,,-, ~ ::, !.: SEAL " '" ~a:: :~~ %~\~ 1973 !/g~ ~ ~ .....JtAM~~..~.i' ~ ~+,(4i.......".~...I>.~ "41t11l~~ I~II~"\\"~~ By Steven P. Anderson, President & Chief Executive Officer of Washington Interoationallnsurance Company & Vice President of North American Specialty Insurance Company M.. UlnflJ" \ONA! ;~~I.... .......~~<Z '\ . ,~" i ~ I CORPORATE \ li. ~ ii\ SEAL jgg \~ .. MllllNA .... ~l %..~ ...~......-.... ).~~.....: ""t"'hl~"\\\'\\\"" ~~~-- By David M. Layman, Vice Presidl!'nt ofWaS'hington Intemationallnsurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 12th day of March , 20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 12th day of March , 20~, before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" SUSAN ANSEl NOIary f't.tlIC, Sl31e Q\ i!lill(i$ My Commissioo !;~pires 7)&12006 #;..~ I, James A. Carpenter ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. l /<J.-.<..4Lr-+--- / ~ 4vu-fZ- Susan Ansel, Notary Public IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 13Tltl1yof JUNE ,20~. ~~/3~ James A Carpenter, Vice President & ASSistant Secretary orWashinglon International Insurance Company & North American Specialty Insurance Company Page 18 PERFORMANCE BOND The undersigned TAYLOR SITE DEVELOPMENT. INC. , as principal, further referred to in this bond as Contr~ctor, and j9~ANtECIALTY , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of THREE HUNDRED SIXTY SEVEN THOUSAND Dollars($ 367,375.00------- ). THREE HUNDRED SEVENTY-FIVE AND NO/IOO'S Contractor and City have entered into a written contract dated :::C,,<=.. /5 2(..'>0"'" , for the following project: North Main Pump Station. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS 279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment of the bond premium shall not invalidate this bond. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-06 N Main Pump Station Bid 407.doc Page 19 7. The bond number and the name, address, and telephone number ofthe agent authorized to receive notices concerning this bond are as follows. Bond Number: 2064691 Bond Agent: PHOENIX SURETY AGENCY, INC. Address: 16703 SE MCGILLIVRAY BLVD. SUITE 185 VANCOUVER, WA 98683 Telephone: 360-892-5840 SIGNED this 13TH day of JUNE 2007. WITNESS: INC. (Corporate Seal) (Corporate Seal) Attest: WITNESS: COMPANY Title: BONNIE RIDDLE, ATTORNEY-IN-FACT Legal Address: 960 BROADWAY AVE. SUITE 420 _BOISE, ID 83706 Attest: SEE ATTACHED P.O.A. Corporate Secretary G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04-06 N Main Pump Station Bid 4 07.doc NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: ROBERT LAGLER and BONNIE RIDDLE JOINTL Y OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOL VED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any ofthem hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ~\,,,\\~~I~~/JIII,,, M. .-"' ~\~~'\D'NAlt/;'j,### ~~~~~Pcm:~~ $~v/~"'.>>"."".~:4~..~ ~~....(P ~"~% B - !.... \~; :;ocJ! SEAL ':'z;o~ y :ariCORPORATEi~; ~ a: L~ 1973 ~ m _~ Steven P. Anderson. President & Chief Executive Officer of Washington International Insurance Company & :: ~.\ S E · L It !: ~ ~ We '~ ~. (') _ Vice President of North American Specialty Insurance Company 'i. 'llI!t n. ""'" ... ~ "'~\.,. j,~"" 0 ~ ~ ~ ~ ARllONA .... ft 1 ~ ", .yAM~'~' :~ ~ ~ k. ". ,.." ~~ .: ~~.(~......"..~~~,.~ ~? .~ ~1f" .......... ,,~...... ~4'", ON. )..'r ~~~~..... #"" * \\....... 11"1I/11I1I\\\\\\~ By --, ~.~_.- ",,,,,,.,,..,,, David M. Layman, Vice President ofWaihington Intemationallnsurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 12th day of March ,20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 12th day of March , 20..QL, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" SUSAN ANSEl Notary f'lA:lIC. Slale Qi :lin\.is My Commission Expires 11SJ2008 ~. I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. // /:;j--<.-~-+- / I.- 4uu-fZ- Susan Ansel, Notary Public IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thi~3THday of JUNE , 20~.7 ~~/3~ James A Carpenter. Vice President & Assistant Secretary orWashmgton IntematlOnallnsurance Company & North American Specialty Insurance Compam Page 23 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of petjury, certifies that: (a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of petjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: ../ (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ...../ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. / (3) Telephone listing is used for the business separate from the personal residence listing. / (4) Labor or services are performed only pursuant to written contracts. /" (5) Labor or services are performed for two or more different persons within a period of one year. ../ (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liabilit insurance ring to the labor or services to be provided. (p-jj-1 Date G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2004\04_06 N Main Pump Station Bid 4 07.doc rA' CITY RECORDER'S COpy CITY OF ~ ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 Page 1 / 1 r --~ 07645 VENDOR: 001735 TAYLOR SITE DEVELOPMENT INC POBOX 1132 MEDFORD. OR 97501 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Depl: PUBLIC WORKS Contact: Paula Brown Confirming? No North Main Pump Station Replacement Proiect 367,375.00 Contract for Public Works Construction Date of aQreement: June 15. 2007 Insurance required/On file BILL TO: Account Payable 20 EAST MAIN ST 541-552-20'28 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL E 675.08.17.00.70420 E 675.08.38.00.70420 ~ VENDOR COpy CITYOF ASHLAND REQUISITION No. PW - FY 2006 Department PUBUC WORKS Vendor TAYLOR SITE DEVELOPMENT 1501 SAFE ROAD STE B MEDFORD OR 97501 Account No. 675.08.17.00.704200 675.08.38.00.704200 Date June 21, 2007 Requested Delivery Date Deliver To Via DAWN LAMB 75% (* Note: P..... oIIow _ximateIy lwo(2) wec:ks fur cIeIivay on iIans DOl 25% ~coried in-.d, IIIId _ximatelylwo (2) monIhs onprintirwjobs,) ASAP PAULA BROWN North Main Pump Station replacement project Use ofPun:bas' Office Unit Price Total Price PO No. S 367,375.00 Item No. Quantity UaiI Description TOTAL S S 367,375.00 Job No. Unit No. '--~~....._-_..~~ of" -,.-1IIId.. budptod / ~ Hcod or AIIIborized Penon Issued By Date Received By r.l' G:Pubwrb\eng\deptadmln\englneer\projectlO4-06 Taylor N Main Pump Requisition 6 07.xls