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HomeMy WebLinkAbout2015-333 Contract - Canyon Industries i Contract for Reeder Gulch Hydroelectric Project CITY OF CONTRACTOR: )Canyon Industries, Inc. (Canyon Hydro) ASHLAND CONTACT: Brett Bauer 20 East Main Street Ashland, Oregon 97520 ADDRESS: 5500 Blue Heron Lane, PO Box 36 Telephone: 541/488-6002 Deming, WA 98244 Fax: 541/488-5311 TELEPHONE: 360-592-5552, FAX: 360-592-2235 DATE AGREEMENT PREPARED: November 13, 2015 EMAIL: turbines@canyonhydro.com BEGINNING DATE: November 17, 2015 COMPLETION DATE: April 29, 2015 COMPENSATION: Base bid $92,704.80, contingency $22,295.20, Total compensation not to exceed $115,000.00. Per cost proposal attached as Exhibit E. GOODS AND SERVICES TO BE PROVIDED: Reeder Gulch Hydroelectric Project - The Reeder Gulch unit will be restored to service as outlined and proposed by Canyon Industries alternate scope of work and timeline attached as Exhibit F and proposal contents attached as Exhibit G. All mechanical work associated with this project is the responsibility of the contractor. Site electrical/controls work will be the responsibility of the City. Exhibits E, F and G are submitted under separate cover as confidential trade secrets. Approved b the City Council on October 20, 2015. ADDITIONAL TERMS: The Contract Documents, which comprise the entire Contract between the City and Contractor, include ail sections or parts of the bid package however denominated, including all documents and plans attached or referenced therein, the Surety Bond, Contract for Reeder Gulch Hydroelectric Project, and Exhibits thereto, Performance and Payment Bonds shall be for the value of the project. Construction Drawings, Standard Drawings, and Contract Addendums, all attached hereto, and incorporated herein by this reference, together with the Prevailing Wage (BOLT) if applicable AND any other separately bound reference, Oregon 2015 Standard Specifications for Construction, and City of Ashland Addenda, incorporated herein by this reference. All exhibits, schedules and lists attached to the Contract Documents, or delivered pursuant to the Contract Documents, shall be deemed a part of the Contract Documents and incorporated herein, where applicable, as if fully set forth herein. In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise' specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified fo perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. a. Inspection and acceptance of all work required under this contract shall be performed by the City. The Contractor shall be advised of the acceptance or of any deficiencies in the deliverable items. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. One-Year Warranty. In addition to and not in lieu of any other warranties required under the Contract, Contractor shall make all necessary repairs and replacements to remedy, in a manner satisfactory to the City and at no cost to the City, any and all defects, breaks, or failures of the work occurring within one year following the date of completion due to faulty or inadequate materials or workmanship. Repair damage or disturbances to other improvements under, within, or adjacent to the work, whether or not caused by settling, washing, or slipping, when such damage or disturbance is caused, in whole or in part, from activities of the Contractor in performing its duties and obligations under this Contract when such defects or damage occur within the warrant period. The one-year warrant period Contract for Reeder Gulch Hydroelectric Project, November 18, 2015, Page 1 of 11 shall, with relation to such required repair, be extended one year from the date of completion of such repair. If Contractor, after written notice, fails within ten days to proceed to comply with the terms of this section, City may have the defects corrected, and the Contractor and Contractor's surety shall be liable for all expense incurred. In case of an emergency where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being given to Contractor and Contractor or Surety shall pay the cost of repairs. Failure of the City to act in case of an emergency shall not relieve Contractor or Surety from liability and payment of all such costs. 6. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. In addition, Contractor will abide by Compliance with Applicable Laws as provided in Exhibit C, attached and incorporated. 8. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. a. Given potential for work being defined as a "Public Works", ORS 279C.800(6)(a), Contractor will abide by compliance with Prevailing Wages/BOLT fee, Hours of Labor/Overtime limitation, and Medical Care and Workers Compensation, and Performance, Payment and Warranty Bonds/Notice of Bond Claims. See Exhibit D, attached and incorporated. 9. 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 proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. 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. C. 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: i. 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; ii. 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 iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. 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. If the 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 the 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. J. 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. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of 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 a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the 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 a Contractor for work performed prior to Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 2 of 11 the termination date if such work was performed in accordance with the Contract. f. City and Contractor recognize that time is of the essence of this Contract and that City will suffer substantial financial loss if the project work is not completed within the timeframe as specified above. City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution preceding the actual loss suffered by City if the project work is not completed on time. Accordingly, instead of requiring any such proof, City and Contractor agree that as liquidated damages.for delay (but not as a penalty) the Contractor shall pay the City Five Hundred Dollars per day ($500.00/day) for each and every day that elapses in excess of the contract time or the final adjusted contract time. This amount is a genuine pre- estimation of the damages expected because of a delay in the completion of this project. Any sums due as liquidated damages shall be deducted from any money due or which may become due to the Contractor under this Contract. Payment of liquidated damages shall not release the Contractor from obligations in respect to the fulfillment of the entire contract, nor shall the payment of such liquidated damages constitute a waiver of the City's right to collect any additional damages which may be sustained by failure of the Contractor to complete the work on time. Permitting the Contractor to continue and finish the project work or any part thereof after the contract time, or adjusted contract time, has expired shall in no way operate as a waiver on the part of the City or any of its rights under this contract. The City may in its discretion grant the Contractor an extension of time upon a showing made by the Contractor that the work has been unavoidably delayed by conditions beyond the control of the parties. 11. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 12. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 13. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 14. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract 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. 15. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 16. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 17. Insurance. Contractor shall at its own expense provide the following insurance: a. 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 b. General Liability insurance with a combined single limit, or the equivalent, of not less than, $2,000,000 for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. 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 financial) responsible for all pertinent deductibles, self-insured retentions and/or self- Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 3 of 11 insurance. 18. 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 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. 19. 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. 20. Nonappropriations Clause. 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 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. 21. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 22. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Further, by executing this contract, the Contractor hereby certifies that the representations made by the Contractor in the Contract Documents, including specifically the Offer, are true and correct and are incorporated herein by this reference. Contractor further certifies that Contractor has given the City written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing the project work. Contractor: City of Ashland r By By Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. VED AS TO FORM T dt. its omey Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 4 of 11 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 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, (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 perjury 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) 1 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) 1 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 liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 5 of 11 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) _ . , portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits tot the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more, ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 6 of 11 EXHIBIT C 1. Compliance with Applicable Law Contractor certifies and shall comply and require all Subcontractors to comply with all federal, state, and local laws and ordinances, including specifically City of Ashland and State of Oregon Public contracting laws and rules applicable to the work under this contract, including without limitation ORS Chapter 279A-C, 279C.500 through 279C.670, and specifically ORS 279A.120(3), 279C.515, 279C.520, 279C.530, 279C.830 and 279C.580 as set forth on Exhibit B, attached hereto and made a part hereof by this reference In addition, the provisions of ORS 279C.360, 279C.365(4), and 279C.370 (Bid Documents and Disclosure); ORS 279A.010(p), 279A.120, 279C.375, and 279C.380(4), (Award of Contract and Bond); ORS 279A.1 10 (Prohibition on Discrimination in Subcontracting); ORS 279C.585 (Substitution first-tier Subcontractor); ORS 279C.650 to 279C.670 (Termination); ORS 279C.520, 279C.540, 279C.545 (Hours); ORS 279C.800 to 279C.870 (Oregon Prevailing Wage Law), if applicable; ORS 279C.550 to 279C.565 (Retainage); ORS 279C.4570 (Payments); and ORS 279C.600 to 279C.625 (Bonds) ORS 279A.125 (Recyclable Products) are all incorporated into this contract by this reference as though set forth in full. Without limiting the foregoing, Contractor expressly agrees to comply with: (i) any requirements of the DAVIS BACON ACT (40 U.S.C. 3142 and applicable Davis Bacon Related Acts; (ii) Title VI of the Civil Rights Act of 1964; (iii) Section V of the Rehabilitation Act of 1973; (iv) the Americans with Disabilities Act of 1990, (v) ORS 659A.142, (vi) all regulations and administrative rules established pursuant to those laws; and (vii) all other applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations. In addition, Contractor expressly agrees to comply with all federal and state tax laws. A condition or clause required by law to be in this contract shall be considered included and incorporated into the Contract and made a part hereof by these references. Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 7 of 11 EXHIBIT D 1. Prevailing Wages/ BOLT Fee a. Contractor shall certify in the Contract and it shall be a condition of the bond, as provided in ORS 279C.800 through 279C.870, that in performing this Contract, Contractor will pay and cause to be paid not less than the prevailing rate of wages as of the date of the Public Notice, per hour, per day, and per week for and to each and every worker who may be employed in and about the performance of the Contract. In accordance with ORS 279C.838, each worker in each trade or occupation employed in the performance of the Contract either by Contractor , subcontractor or other person doing or contracting to do or contracting for the whole or any part of the work on the Contract shall be paid not ii n the a licable state or federal prevailing rate of wage, whichever is 0 Or can befound at the following websites: www.oregon.gov/boli. When both federal and state prevailing wages are required to be included in the contract specifications, the City shall also include in the specifications information showing which prevailing rate of wage is higher for workers in each trade or occupation in each locality, as determined by the Commissioner of the Bureau of Labor and Industries under ORS 279C.815 (2) (c). (see attached rate schedules) b. Contractor shall be bound by and shall fully comply with ORS 279C.800 to 279C.870, Oregon's Prevailing Wage Law. CONTRACTOR AGREES TO BE BOUND BY AND WILL COMPLY WITH PROVISIONS OF ORS 279C.840. Pursuant to ORS 279C.830(1), the existing prevailing rate of wage that may be paid to workers in each trade or occupation required, in the form of a BOLI document, is included in the contract and bid documents and made a part hereof by this reference. For public works for which the contract price is $50,000 or more, all workers shall be paid not less than such specified minimum hourly rate of wage. [ORS 279C.830(1)] C. The City of Ashland shall pay the fee to the Commissioner of the Bureau of Labor and Industries pursuant to the administrative rule of the commissioner and as provided in ORS 279C.825(1). The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, or as otherwise provided by administrative rule, whichever is the earliest date. The fee is payable to the Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland Oregon 97232. Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 8 of 11 d. Contractor and some subcontractors shall also file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000 as required by ORS 279C.836 and shall cause all subcontractors to do the same prior to starting work on the project. [ORS 279C.830(2)] The bond must provide that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. The bond must be a continuing obligation, and the surety's liability for the aggregate of claims that may be payable from the bond may not exceed the penal sum of the bond. The bond must remain in effect continuously until depleted by claims paid under this section, unless the surety sooner cancels the bond. Contractor shall verify that subcontractors have complied with this requirement prior to permitting the subcontractor to start work on the project. e. If the Contract is for a public work and the Contract price is $50,000 or more, Contractor shall supply and file, and require every Subcontractor to supply and file, with the City and with the Wage and Hour Division, Bureau of Labor and Industries (BOLT), 800 NE Oregon #32, Portland, Oregon 97232 a certified statement in writing that conforms to the requirements of ORS 279C.845. 2. Hours of Labor/Overtime limitation [ORS 279C.520] [ORS 279C.540] [ORS 279C.545] Pursuant to ORS 279C.520, no person may be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services, the employee shall be paid at least time and a half pay: (a) (1) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or (2) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and (b) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. (c) Collective bargaining and negotiated labor agreements may provide exceptions to the requirements of this section and from ORS 279C.520 and ORS 279C.540. (d) When labor is employed by the City through another as a contractor, any worker employed by the contractor shall be foreclosed from the right to collect for any overtime provided in ORS 279C.540 unless a claim for payment is filed Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 9 of 11 with the contractor within 90 days from the completion of the contract, providing the contractor has: (1) Caused a circular clearly printed in boldfaced 12-point type and containing a copy of this section to be posted in a prominent place alongside the door of the timekeeper's office or in a similar place that is readily available and freely visible to workers employed on the work. (2) Maintained the circular continuously posted from the inception to the completion of the contract on which workers are or have been employed. (e) At or before the commencement of work, the Contractor shall give notice in writing to employees or by posting, of the number of hours and days per week the employees may be required to work. [279C.520(2) (5)] 3. Medical Care and Workers Compensation [ORS 279C.530] (1) Pursuant to ORS 279C.530(1), Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages.of employees under any law, contract or agreement for the purpose of providing or paying for the services. (2) Pursuant to ORS 279C.530(2), All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. 4. Performance, Payment and Warranty Bonds / Notice of Bond Claims At the time of execution of the Contract, the Contractor shall furnish: (1) Performance Bond and (2) Payment Bond written by a corporate surety or other financial assurance in an amount equal to the amount of the Contract based upon the estimate of quantities or lump sum as set forth in the Contract and in accordance with ORS 279.380. The bonds shall be continuous in effect and shall remain in full force and effect until compliance with and fulfillment of all terms and provisions of the Contract, including the obligations of Sections 27 and 30, all applicable laws and the prompt payment of all persons supplying labor and/or material for prosecution of the work. The bond(s) or other financial assurance is subject to approval by the City. Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 10 of 11 Contractor shall furnish a separate warranty bond written by a corporate surety or other financial assurance, in an amount equal to 100 of the final amount of the contract. The City may permit the warranty amount to be included in the initial performance and payment bonds. The warranty bond or other financial assurance shall be in effect for a period of one year from the date of Final Completion. The City may require a separate warranty bond or financial assurance for any repairs done pursuant to the warranty obligation. Such separate warranty bond or financial assurance shall be for a period of one year from the date of completion of such repairs. The notice of claim on a bond required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 120 days after the day the person last provided labor or furnished materials or 120 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor at any place the contractor maintains an office or conducts business or at the residence of the contractor. Notwithstanding the above, if the claim is for a required contribution to a fund of any employee benefit plan, the notice required by ORS 279C.600 must be sent or delivered within 150 days after the employee last provided labor or materials. The notice of claim must be in writing substantially as set forth in ORS 279C.605(3)-(5). Contract for Reeder Gulch Hydroelectric Project, November 16, 2015, Page 11 of 11 L ;%W1 Hydro REEDER GULCH HYDROELECTRIC PROJECT COST PROPOSAL PREPARED FOR: THOMAS McBARTLETT III ELECTRIC DISTRIBUTION SUPERINTENDENT CITY OF ASHLAND 90 N. MOUNTAIN AVENUE ASHLAND, OREGON 97520 CANYON INDUSTRIES, INC. SEPTEMBER 2015 Canyon Hydro- the water power division of Canyon Industries, Inc. 5500 Blue Heron Lane P.O. Box 36 Deming WA 98244 360.592.5552 • Fax: 360.592.2235 • email: turbines@canyonhydro.com • www.canyonhydro.com TOWN OF ASHLAND Canyon REEDER GULCH PROPOSAL r ALTERNATE BID COST PROPOSAL Item cost Design/management $8,560.00 Mobilize $2,439.60 Travel to site $3,210.00 Remove nozzles $7,704.00 Ship to shop $2,782.00 Travel from site $3,210.00 Disassemble nozzles $3,252.80 Design rebuild $4,066.00 New external actuators $5,778.00 New needles $5,510.50 New needle shafts $2,755.25 New starbody $2,755.25 New position transducers $3,702.20 Fabricate revisions $4,066.00 Machine revisions $4,066.00 Assemble nozzles $3,252.80 Paint nozzles $1,626.40 Ship nozzles to site $2,782.00 Unload $0.00 Install new nozzles $7,704.00 Run hoses $0.00 Re-assemble deflector linkage $3,852.00 Confirm nozzle stroke $3,852.00 Calibrate nozzles with customer $0.00 Install turbine hood $0.00 Assist with commissioning $5,778.00 Note: items with $0 assigned will be accomplished but cost is included in other line items Total $92,704.80 Canyon Hydro General Provisions for Field Service Effective June 1, 2014 Field Service Rates Technician $1,400 per day Overtime/weekends $200 per hour Engineer or Executive $2,000 per day Overtime/weekends $285 per hour Transportation Personal or Corporate automobile mileage charged at $0.561mile. Air, rail, rental car, etc. will be charged at cost plus 15% processing charge. Lodging & Meals Charged at cost plus 15% processing charge. Travel Travel time will be billed at the straight time hourly rate Mondays through Fridays and at the weekend rate for Saturdays, Sundays, and Holidays. General Provisions Standby Time Any waiting time when the Representative is available to work, up to a maximum of eight (8) hours on any one working day, shall be regarded as time actually worked, even though the services are not actually utilized. The rate may not be prorated for partial days. Delays Canyon Industries, Inc. shall not be liable for delay in performance when such delay is occasioned by causes beyond its reasonable control, including but not limited to acts of God, acts of the customer, material shortages, transportation difficulties, flood, strikes,. epidemics, war (declared or undeclared), riot, etc. Emergency Work The minimum time off for a representative during any 24 hour period must be eight (8) consecutive hours. Terms of Payment A deposit equal to 50% of anticipated charges due upon request for a field representative. Payment for services and material will be due upon presentation of invoices. Rates subject to change without notice. Canyon Hydro- the water power division of Canyon industries, Inc. • 5500 Blue Heron Lane - P.O. Box 36 • Deming wA 98244 360.592-5552 • Fax: 360.592.2235 • ernail, turbines@canyonhydro,com • w+wm.canyonhydro.corn 4 ~w Canyon Hydro September 15, 2015 To Whom is may concern: Canyon Industries, Inc. will be bound by and shall fully comply with the State of Oregon's Bureau of Labor Industries,(BOLI), Prevailing Wage Law. Regards, Brett Bauer Vice President and Chief Engineer Canyon Industries, Inc. Canyon Hydro- the water power division of Canyon Industries, inc. 5500 Blue Heron Lane P.O. Box 36 Deming VVA 98244, 360.592-5552 • fax: 360,592,2235 • email: turbinesrJcanyonhydro.com • wwv,canyon hydro.corn EXHIBIT.C Certificate of Compliance Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0260(2)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the proposer in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: In compliance with ORS 279A.110(4), OAR 137-046-0210(2) and OAR 137-047-0260(2)(a)(E), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of proposer in this matter, and to the best of my knowledge the proposer has not discriminated and will not discriminate, in violation of ORS 279A.110(1), against a minority, women or emerging small business enterprise certified under ORS 200.055 or against a business enterprise that is owned or controlled by or that employs a disabled veteran as defined in ORS 408.225 in obtaining a required subcontract. Corporate Officer: By: s Signature Brett Bauer Print Name Vice President and Chief Engineer Title: Date: 9/15/15 RFP - Reeder Gulch Hydroelectric Project Page 18 of 28 Canyon H ydro REEDER GULCH HYDROELECTRIC PROJECT PROPOSAL PREPARED FOR: THOMAS McBARTLETT III ELECTRIC DISTRIBUTION SUPERINTENDENT CITY OF ASHLAND 90 N. MOUNTAIN AVENUE ASHLAND, OREGON 97520 CANYON INDUSTRIES, INC. SEPTEMBER 2015 Canyon Hydro- the water power division of Canyon Industries, Inc. 5500 Blue Heron Lane P.O. Box 36 Deming WA 98244 360.592.5552 • Fax: 360.592.2235 • email: turbines@canyonhydro.com • www.canyonhydro.com L((Olk~ Hydro Transmittal Letter/Cover Page September 15, 2015 Thomas McBartlett III Electric Distribution Superintendent City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Dear Mr. McBartlett III Thank you for the opportunity to propose solutions for your Reeder Gulch Hydroelectric Project. Canyon Hydro has been building high quality turbine systems in the Washington State for 39 years. From day one, we have remained committed to three guiding principles: 1. Efficiency: Efficiency has undergone continual refinement over the years, and we believe our turbines match or exceed the efficiency of any other turbine manufacturer. Our entire staff recognizes the critical nature of the hydraulic design resulting in the best possible performance. 2. Durability: We recognize that a turbine system must run continuously for years at a time. For this reason, we use only the highest quality alloys, bearings, and controls. 3. Customer Support: We have often been told that our customer support is the best in the business. We work closely with you throughout the process, and if an outage should occur, system recovery becomes our highest priority. We have had much experience refurbishing and maintaining Pelton turbines for projects similar to Reeder Gulch. Our experience in will be utilized to provide you with the best equipment and service available. Canyon Hydro has not only refurbished other manufacturer's internal nozzles, we design and manufacture our own giving us all the experience and resources necessary to accomplish this work in house. If selected by the City, I will be the main contact person. I visited the site for the mandatory visit and have been working on similar projects at Canyon Hydro for 21 years. We are pleased to offer a compliant bid as the RFP lays out, including the rebuilding of the nozzles and supply of the new HPU. Understanding the critical requirement of keeping the water pure, we offer an alternative proposal where the nozzle actuators are external of the nozzle body. This would require a little Canyon Hydro-- the water power division of Canyon Industries, Inc. • 5500 Blue Heron Lane • R0. Box 36 • Deming VVA 9824.4 360.592-5552 • Fax: 360.592.2235 • email: turbinPS@canyonhydro.com • www.canyonhyclro.com modification to the powerhouse floor under the lower nozzle, but would reduce the price and, more importantly, eliminate the possibility of any oil reaching the water supply. If you are interested in working with Canyon Hydro for this project, I would be pleased to arrange a meeting to discuss further. Please contact me if you have any questions. Best regards, Brett Bauer Canyon Hydro Page 2 Canyon Hydro Table of Contents SECTION 1: BUSINESS INFORMATION Exhibit B - Proposal Submission Form Canyon Statement of Qualifications Quality Assurance Manual Management Organization Key Personnel Subcontractors Qualifications/Responsibilities Standard Warranty References Exhibit E- Bond Capacity Exhibit C - Certificate of Compliance Exhibit D - Contract for Reeder Gulch Hydroelectric Project Addendum 1-3 SECTION 2: TECHNICAL INFORMATION r€Ah+bit. A -~EQpe-of-Work -J Reeder Gulch HPU Schematics Alternate Scope of Work Typical Section View of Nozzle w/ External Actuator Sketch of Reeder Gulch Turbine w/ External Actuators L Disassembly Plan Proposed Schedule for Completion Canyon Hydro- the water power division or Canyon Industries, Inc. + 5500 Blue Heron Lane + P.O. Box 36 • Deming bVA. 98244 360.592-5552 • Fax: 360,592,2235 • email; turhlnes@canyonhydro.com • wv)w.canyonhydro.com Canyon Hydro SECTION 1: SECTION 1: BUSINESS INFORMATION Exhibit B - Proposal Submission Form Canyon Statement of Qualifications Quality Assurance Manual Management Organization Key Personnel Subcontractors Qualifications/Responsibilities Standard Warranty References Exhibit E- Bond Capacity Exhibit C - Certificate of Compliance Exhibit D - Contract for Reeder Gulch Hydroelectric Project Addendum 1-3 Canyon Hydro- the water power division of Canyon Industries, Inc. • 5500 blue Heron Lane • RO. Box 36 Derning VVA 98244 360.592-5552 • Fax: 360,592:2235 • email: tur'olnes@canyonhydro.eorn • wwv,~.canyonhydro.corn EXHIBIT B Request for Proposals REEDER GULCH HYDROELECTRIC PROJECT (Hydraulic Conversion and Refurbishment Project) Proposals are due prior to 2:OOPM (PST), Thursday, September 17, 2015 Proposal Submission Form The undersigned proposer submits this proposal in response to the City's Request for Proposals (RFP) for the Reeder Gulch Hydroelectric Project (Hydraulic Conversion and Refurbishment Project), released on July 30, 2015. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the terms and conditions found in the attached contract and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. The proposer hereby acknowledges the requirement to carry or indicates the ability to obtain the insurance required in the contract. Indicate in the affirmative by initialing here: The proposer hereby acknowledges receipt of Addendum Nos. _,_,1 12 , 3 to this RFP. Name of Proposer: Canyon Industries, Inc. Business Address: 5500 Blue Heron Ln. Deming, WA 98244 Telephone Number: 360-592-5552 Fax Number: 360-592-2235 Email Address: brett.bauer@canyonhydro.com Authorized Signature: Printed/Typed Name: Brett Bauer Title: Vice President and Chief Engineer Date: 9/15/15 RFP - Reeder Gulch Hydroelectric Project Page 17 of 28 Canyon Hydro Statement of Qualifications Company Profile Canyon Industries, Inc. has been involved in the manufacture of hydroelectric systems since 1976. The company was incorporated under the laws of the State of Washington in 1982. All manufacturing facilities, offices and ownership are located in the United States, near Deming, Washington. The company currently employs about 40 full time employees and has two manufacturing centers: a 24,000 square foot fabrication facility in Deming, Washington, and a 5,000 square foot CNC Machining Center near Sumas, Washington. Canyon has extensive machining and fabrication capabilities, and handles all aspects of turbine construction except foundry castings. Castings are managed in three independent foundries, all of which have been trained by Canyon personnel to handle the unique casting requirements of hydraulic turbines. Canyon Industries has supplied turbines and other generating equipment for hydropower projects around the world. The company has earned a reputation for premium quality equipment, and for providing a very high level of customer support throughout project design, equipment manufacture, and ongoing operation. Pelton, Francis turbines and Crossflow turbines are designed and manufactured under the trade name "Canyon Hydro." Turbines are offered as independent units or as part of complete hydroelectric systems. Canyon Hydro turbines are designed for either "stand alone" operation, providing power to remote communities, or as "grid interface" systems, connecting directly to the local or national grid. Canyon customers include utility companies, private power developers, communities, and individual landowners. Canyon Industries is a family owned, profit sharing business with low employee turnover. The company emphasizes environmental responsibility through recycling programs and selective purchasing, and maintains its own onsite hydroelectric system delivering 30 kW of renewable energy. Canyon Industries' annual gross sales have averaged $10 million or less for the past few years. The company is current on all suppliers' accounts and carries no debt. All production and support equipment is owned without attachment by the company. Corporate occupied land and buildings are presently leased. Canyon Industries Inc. has no claims or lawsuits pending. Canyon Hydro- the water power division of Cariyor) Industries, Iric. + 5500 Blue Her°on Lame • P.O. Box 36 • Deming WA 98244 360.592-5552 • Fax: 360,592,2235 • eirrail: turbinesOcanyonhyriro.corr7 • w+n w-canyonhydro.carn Management Team Daniel A. New, President and CEO, founded Canyon Industries in 1976. Dan participates in turbine design, production procedures, sales, as well as company management and planning. Richard A. New, Vice President and co-owner, joined Canyon in 1978 and oversees all manufacturing and field service operations. Richard has extensive background in hydraulics and metallurgy, and has onsite experience with a wide array of hydroelectric projects. Brett W. Bauer, M.E., Vice President and Chief Engineer, joined the company in 1995. Brett works closely with Canyon customers and oversees all specification development, system design, and project management. Capabilities Canyon provides design and manufacture of new hydroelectric equipment, as well as repair and refurbishment of existing equipment. In addition to its fabrication and machining facilities in Deming, Washington, the company offers mobile machining and line boring services. Canyon is able to provide hydroelectric systems up to about 25MW, but most of the company's past systems have ranged between 50kW and 10MW. The company has provided repair services, including runner refurbishment, for systems up to 50MW. Machining Capacities Canyon Industries has the ability to machine large components, including full CNC machining. Capacities are as follows: • Horizontal Turning: Up to 1.2m diameter, 6.7m length • Vertical Turning: Up to 6.1 m diameter, 2.45m height • Horizontal Milling-Boring: Up to 11 m diameter, 4.9m height, 4.9m width • CNC Milling: Up to 11 m diameter, 4.9m width, 5+2 axis • Weight capacity: 25 tons Canyon Hydro Page 2 Canyon Hydro Canyon Industries, Inc. Management Organization Richard New PresidentI Daniel New Brett Bauer - Vice President and Chief Vo President Engineer Michael Simon Hansen Graves Engineer Engineer) Matt Michael Mu_eller_ Bannerman; Engineer _F Engineer Eric Loren Melander Sweitzer _ Vice President of Sales Vice President of Production i- Cary Probst Customer Service and Tech Support Canyon Hydro- the water power division of Canyon Industries, Inc. 5500 Blue Heron Lane P0. Box 36 Deming WA 9824+ 360.592-5552 • Fax: 360.5922235 • email: turbines@canyonhydro.com • %".AAJ w.canyonhydro.corn Canyon Hydro Key Personnel Canyon Hydro- the water power division of Canyon Industries, Inc. • 5500 Blue Heron Lane P.O. Box 36 Denning WA 98244 360.592-5552 • Fax: 360.592.2235 • email; turbines@canyoni-ydro.com • wivw.canyon hydro.com r RICHARD A. NEW Richard New is President and co-owner of Canyon Industries, Inc., and has been employed with the company since it was founded in 1976. Richard New oversees manufacturing and field services. He is actively involved with site assessment, as well as turbine installation and startup. Mr. New possesses a thorough understanding of hydroelectric turbine systems: their design, manufacture, and maintenance. He is also an expert in the field of modern fabrication techniques, including the casting and forging of special-purpose alloys, CNC machining, and component heat treating. Richard is a champion of the hydropower industry. He sponsored and directed the development of a website called whyhydropower.com, aimed at educating and shaping the opinions of the general public and government officials. He has also taught college courses in basic and advanced hydraulics. Mr. New has domestic and international experience in site assessment, installation and refurbishment of hydropower systems. Projects include: • Hystad, Canada • Cascade-CSU, Colorado • Falls Creek, Alaska • Cajon de Pena, Mexico • Southern Nevada Water Authority, Nevada • Upper Swift Creek, Wyoming • District of Lake Country, Canada • Tyson, Canada • GE, Big Creek #3, California • City of Santa Fe, New Mexico • Swalley Water District, Oregon • Combie North-Nevada Irrigation District, California • DeWitt Pipeline, Utah Canyon Hydro Page 2 BRETT W. BAUER Brett Bauer is Vice-President and Head of Engineering at Canyon Industries, Inc. He oversees the specification and design for all hydropower systems supplied by Canyon Industries, and actively manages projects as they move through production. He has been employed by Canyon Industries for more than twenty years. Mr. Bauer was trained as Mechanical Engineer and received a BSME from the University of Washington. He has been personally involved with the design of more than 50 hydro projects including new installations, turbine refurbishment, nozzle repair, and replacement runners. He is trained in Computer Aided Design, Computational Fluid Dynamics, Finite Element Analysis, and Project Management. Mr. Bauer has domestic and international experience in the design, installation and supervision of turbines projects, among them: • LaGrande Dam, Washington • South Sutton/Marion Creek, Canada • Malibu, Canada • La Esperanza, Honduras • Glen Lyon, Scotland • Southern Nevada Water Authority, Nevada • Upper Swift Creek, Wyoming • Tyson, Canada • Middle Creek-Dasque Cluster, Canada Canyon Hydro Page 4 MICHAEL R. HANSEN Michael Hansen is a Design, Manufacturing, and Quality Control Engineer at Canyon Industries, Inc. Formed in 1976, Canyon Industries is a manufacturer of Pelton turbines and small hydroelectric systems with a recent opening of a CNC division with involvement in the aerospace industry. Mr. Hansen was trained as Manufacturing Engineer and received a BS from Western Washington University. Mr. Hansen has been employed by Canyon Industries for five and a half years as a design and project engineer and currently has branched out as the quality control engineer and programmer in the CNC division. Michael Hansen has design experience on over 30 hydro projects including new turbine designs, turbine refurbishment, nozzle rebuilds, and replacement Pelton runners. He also has experience in Quality Control on 10 new construction turbine projects and 3 aerospace projects. He is trained in Computer Aided Design, Finite Element Analysis, Solid Modeling, CNC Programming, and Quality Control. Mr. Hansen has domestic and international experience in the design of turbines. Projects include: • Tolt Dam, Washington • Mumba Hydro, Africa • Afton Culinary, Wyoming • Cajon de Pena, Mexico • Inverinian, Scotland • Williams Fork Dam, Colorado • Upper & Lower Swift Creek, Wyoming • Ushmil Hydro, India • Tyson Creek, Canada • Rush Creek, California • Olivenhain MWD, California Canyon Hydro Page 6 Canyon Hydro, Subcontractor Canyon Hydro will design and test the hydraulic power unit. We propose to subcontract the manufacturing to Calkins Fluid Power. They have manufactured dozens of hydraulic power units for us since 1998 for use with our turbines that we manufacture. Calkins Fluid Power Inc., is a leading Pacific Northwest distributor of fluid power products. Located is Spokane, WA, Calkins offers an extensive hydraulic component line, with the choice of hydraulic, pneumatic and electro-hydraulic motion-control solutions in addition to integration. Canyon Hydro- the water power division of Canyon Industries, Inc. • 5500 Blue Heron Lane • P.O. Box 36 • Deming VVA 9824,14 360.592-5552 • Fax: 360.592.2235 • email: turbines©canyonhydro.com • vAvvv.canyonhydro.com Canyon Hydro Standard Warranty Seller warrants that as to fabrication and assemblies all material and equipment purchased by it and incorporated in or becoming a part of the work shall be new, unless otherwise directed in writing by the Buyer. Seller warrants that all material and equipment manufactured by it shall be free from injurious defect, latent or otherwise, and shall conform to the specifications provided, If within 18 months after Notification of Readiness to Ship any such material or equipment, or within one year after such material or equipment is placed in use or operation, whichever first occurs, Buyer (or Buyer's successor in interest) shall discover a defect or defects therein other than those resulting from either ordinary wear and tear, defects resulting from improper use thereof, and additions or alterations made by persons other than Seller, and shall notify Seller thereof, in writing, within such period, Seller will repair or replace such defective material or equipment or the defective portion or part thereof free of charge to Buyer (or Buyer's successor in interest) ExWorks Seller's plant, except for costs of removal and installation. Seller does not warrant or guarantee materials or equipment which it does not design, but will use its best efforts to obtain for Buyer such guarantees as requested by Buyer. Unless otherwise advised, in writing by Buyer, Seller shall incorporate in every purchase order to suppliers of material and equipment for Buyer, its customary warranty and guarantee requirements. Except as above specified, Seller will not be liable upon any guarantees or warranties, expressed or implied, statutory or by operation of law or otherwise, in any manner or form whatsoever, including but not limited to warranties of merchantability and/or fitness for purpose. Except as above specified, Seller will not be liable for any costs, expenses or damages whatsoever, including but not limited to loss of interest, earnings, profits or other special indirect or consequential damages. Canyon Hydro- the water power division of Canyon industries, Inc. • 5500 Blue Heron Lane • RO. Box 36 • Deming WA 98244 360.592-5552 • Fax: 360.592.2235 • email: turbines@canyonhydro.com • www.canyonhydro.com Canyon Hydro Runner Repair & Replacement Partial Reference List 1. 9 MW Inspect/Repair Internal Nozzle Actuators Pelton Turbine, Skookumchuck Hydro Plant Project, Skookumchuck Dam, LLC, Steve Mahr, Senior Sourcing Specialist, TransAlta - Centralia 913 Big Handford Road, Centralia, Washington 98531. Tel: 360-330-8140 Fax: 360-330-8191 C: 360-508-0009 2. 5 MW Nozzle Rebuild/Polish Pelton Runner, Falls Creek Project, Keith Fuller, Frontier Technology, PO Box 359, Eugene, Oregon 97440. Tel: 541-683-5200, Alt Tel: 541-484- 1716, Fax: 541-484-1716. 3. 7 MW Replacement Pelton runner, 3,400mm diameter, fully CNC machined: Southern California Edison Rush Creek, Mr. Bradley Wyatt. Email: Bradley.Wyatt(o)sce.com. 4. 27 MW 3,155mm Pelton Runner Refurbish: Energy Northwest, Mr. Jack Barnaby, P.O. Box 579 - MD 1040, Richland, WA 99532. Email iabarnabv(a)-energy-northwest.com 5. 7.5 MW Retrofit Pelton surplus Runners, 3,011 mm pitch diameter: PPL Montana, Mystic & Mystic#2 projects, Ms. Marla Parker, 301 Charlene St., Billings, MT 59101, Tel: 406-896- 4719, MKParker0DPPIweb.com 6. 63 MW Pelton Runner Repair, 2,350mm PD; Bradley Lake Project, Homer Electric Association, Ms. Tamara Fletcher, 3977 Lake Street, Homer, Alaska 99603, Tel: 907-235-3309 tfletcher(cDhomerelectric.com, 19 bucket runner. 7. 50 MW Francis Runner, Refurbish/Field Machine: GE Energy, Big Creek #3 Project, Fresno, CA, Michael Mann, 2120 Diamond Blvd, Ste 100, Concord, CA 94520, Tel: 925-602- 5914, Michael.mann(a-)_ge.com 8. 2.55 MW Pelton runner Replacement 1,855mm PD: Southern California Edison Bishop 2, Mr. Bradley Wyatt. Email: Brad ley.Wyatt(cr)sce.com, 20 bucket runner. 9. 2.35 MW Replacement Pelton Runner, 1,639mm PD: Southern California Edison Bishop 4. 10. 15 MW Pelton Runner repair, 1605mm PD: Pingston Project, Mr. Dave Keevil, Canadian Hydro, 500,1324-17th Avenue SW, Calgary, Alberta, Canada T2T 5S8, Tel: 403-269-9379, dave(a)canhydro.com, 20 bucket runner 11. 1.2M W Pelton Runner, 1,442mm PD, Needle Nozzle, Deflector- Replacement: Wallowa Falls Project, PacificCorp, Mr. Mark Borquist, 920 SW Sixth Avenue, Portland, Oregon 97204-1256, Tel: (503) 464-6294 12. 1.88 MW Replacement Runner and Nozzle Parts, 1,306mm PD: Phoenix Powerhouse Project, Pacific Gas & Electric, Ms Difa Shveyd, 245 Market Street, Room 1180B-N11D, San Francisco, California 94105, Tel: 415-973-3687, DXS5Ca.pge.com, 20 bucket runner. 13. 12 MW Pelton Refurbish Turbine/Generator/Nozzle, Install Controls/Governing System; Weld build/grind 10MW Pelton runner (1,100 mm PD): Hydrowest Guatemala, Pasabien project, Mr. Eduardo Barrientos, ebarrientos@hydrowest.com.gt, 22 bucket runner. 14. 2.0 MW Pelton runner, Weld build and grind, 1,109mm PD: Middle Fork Irrigation, Oregon, Mr. Craig DeHart, Tel: 541- 352-6468 15. Pelton Runner,1,096mm PD: Waimea-Mauka Project, Pacific Hydroelectric Co, Inc., Mr. John Wehrheim, PO Box 1200, Kilauea, Hawaii 96754-1200, Tel: 808-828-6115, Lwehreheim(o)pacific-hydro.org Carryon Hydro- the water power division of Canyon Induslries, Inc. • 5500 Blue Heron Lane • P.O. Box 36 • Deming WA 98244 360,592-5552 , Fax: 360.592.2235 • ernail: turbines0canyonhyclro,com • vv+rA ,u)nyonhydro.com 16. 6.45 MW Pelton. Replace (40) 518mm-wide Pelton Buckets: Electron Powerhouse Project, Puget Sound Energy, Mr. Ed Cassady, PO Box 97034, Bellevue, Washington 98009, Tel: 425-462-3293, ed.cassadvCcOse.com, (2) 18-bucket runners 17. 5 MW Pelton Replacement Runner: Cove Hydro/Snow Mountain Project, Mr. Phil Osloond, Ida West Energy, PO Box 7867, Boise, Idaho, 83702, Tel: 208-395-8930 18. 4 MW Pelton Runner (863mm PD), Needle Nozzle, Deflector, Hydraulics - Restoration: Upper Boulder Project, Garkane Power Association, 1802 South 175 East, Suite 125, Kanab, Utah, 84741, Tel: 435-644-5026 Canyon Hydro Page 2 u RANCE INC. September 15, 2015 Brett Bauer Canyon Industries. Inc. dba Canyon Hydro 5500 Blue Heron Lane Deming, WA 98244 Re: Bond Capacity Ashland, Oregon Project Dear Brett: Canyon Industries, Inc. enjoys an excellent long tern relationship with your surety, Travelers Casualty and Surety Company of America. Your bonding capacity is up to $10,000,000 on individual projects and $20,000,000 aggregate. Any final approval is subject to review of contract documents. Let me know if you have any questions. Since? J L. Green Attorney-in-Fact. Travelers 9016 E. Indiana, Suite A Spokane Valley, WA 99212 -(509)456-2649-Fax(509)456-3432 PERFORMANCE BOND end lac.: 1 t1539%i£i CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Canyon Industries, Inc. Travelers Casualty and Surety Company of America 5500 Blue Heron Lane 707 W. Main St., Suite 300 Deming, WA 98244 Spokane, WA 99201 OWNER: City of Ashland 20 East Main Street Ashland, OR 97520 CONSTRUCTION CONTRACT Date: Amount: $92,704.80 Description: (Name and location) Reeder Gulch Hydroelectric Project BONA Date: December 1, 2015 Amount: $92,704.80 Modifications to this Bond: ?C None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Travelers Casu d Surety Company of America Company:Canyon Industries, Inc. (corporate seal) Company: z7:- I'natil.PY': Signature: Name 771 and Title; Name and Title: ioh n, Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Inland Insurance, Inc. (Architect, Engineer or other party:) 9016 E. Indiana, Suite A Spokane Valley, WA 99212 509-456-2648 § 1 Thee Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 1 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety sball promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 51 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § B If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act ofhe Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shalt be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Constriction Contract- § 142 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terns of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCFAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Coinpany executing this bond vouches that this document conforms to American Institute of Architects Document ,U12,2010 edition POWER OF A'T'TORNEY x "ELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 228037 Certificate No. 0 0 6 3 6 4 6 5 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty 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 are corporations duly organized under the laws of the State of Connecticut, 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 James P. Dinneen, John L. Green, Cathy Sue Smith, LouAnn Jensen, and Toby Hawkins of the City of Spokane , State of_ Washington 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, roc:ognizances, 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 WITNTSS WHEREOF, the Companies have caused this instmmnient to be signed and their corporate seals to be hereto affixed, this 14th day of _ May _ 2015 - Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company ?~Cy~ApSVA~r~ 4iFe g O`T~MTG9 J~'14~MSyt N.SY A.yp unu~vs YMb ~ at 9 8 r 0 1 ~]7 - `0 l i t i n s FiARrWRD, tMRir4tD, ;t e~ g `cr~s > Its aq. c o'.SEA/ca ~q~ SEJLL1a°\ o~w+ /g i c~wa J e~ 1898 5~,., r8_, zs . a+ < } AtN State of Connecticut Bi t City of llartford ss. 2 ~rrrt i_- i2a rnor b 1m~si e On this the 14th day of May 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty- Insurance Underwriters, Inc., 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. Jeri Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. *t~G # 4~taric C. Tsr rar.?t, Nutarv I nblic 58440-8-12 Printed in U.S.A. PAYMENT BONY Pond loo 106390808 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) Canyon Industries, Inc. Travelers Casualty and Surety Company of America 5500 Blue Heron Lane 707 W. Main St., Suite 300 Deming, WA 98244 Spokane, WA 99201 OWNER: City of Ashland 20 East Main Street Ashland, OR 97520 CONSTRUCTION CONTRACT Date: Amount: $92,704.80 Description: (Name and location) Reeder Gulch Hydroelectric Project BOND Date: December 1, 2015 Amount $92,704.80 Modifications to this Bond: None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Travelers Casual nd urety Company of America Company: Canyon Industries, Inc. (Corporate Seal} Company: (Corpo Seal) Signature: Signature: Name and Title: Name and Title: Jo omey-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR iNFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Inland Insurance, Inc. (Architect, Engineer or other party.) 9016 E. Indiana, Suite A Spokane Valley, WA 99212 509-456-2648 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2410 edition 1 furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 8 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to fitmish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 73 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under section 7.1 or section 7.G shat] not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement li; however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf o(, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2o1o edition 2 § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date on which the Claimant seat a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shal I be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly tirm9sh a copy of this Bond or shall permit a copy to be made. § 16 Deiinkions § 16.1 Claims. A written statement by the Claimant including at a minimum: .1 the name of the Claimant, .2 the name of the person for whom the labor was done, or materials or equipment furnished; 3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was fwrnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount tamed by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as ofthe date ofthe Claim. § 161 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fumish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of wafter, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 adinon 3 § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 4 POWER OF ATTORNEY i V J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 228437 Certificate No. 0 0 6 3 6 4 6 5 2 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty 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 are corporations duly organized under the laws of the State of Connecticut, 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 James P. Dinneen, John L. Green, Cathy Sue Smith, LouAnn Jensen, and Toby Hawkins of the City of _~ROkane _ Statc of WaS~lirigtOn _ 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, rmognizances, 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 pemtitted in any actions or proce:er irgs allowed by taw. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _ 14th day of _ May 2015 , . Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty I-uranct Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company z: c K IM NS ~,TY Ak ~Gyy~p8.p4q~A~ ~ G4 C~\pi^'-S4y JP~,~.... `Nyy J1~ sw°~Ta sUtT't,~b brS ~U l1 1~ } F~•~^ - *z ~f_ It ~,rNATF~~ ~ •~p09ATf _C~; i W.fl1FI)RD, ° ~t~.~ ~pW~ t ; 1977 1951 ~;st at. roe g$A.L,'a~3 °0"°`$ rasa r f ~ J' 1 State of Connecticut By: City of Hartford ss. kaheat i-.a::F~y, e~.L r ~~ice y~,dent On this the _ 14th day of May i 2015 before me personally appeared Robert I.. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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. ~,TlT In Witness Whereof, I hereunto set my hand and official seal. WA 'r~att,t,•~~ 2016. My Commission expires the 30th day of June, prJ9U4 ,c 58440-8-12 Printed in U.S.A. OP ID: DJ 2015 Y) A`COR~ CERTIFICATE OF LIABILITY INSURANCE 1 D1/24/ 11/24 /2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME' _ Inland Insurance Inc. PHONE FAX 9016 E Indiana Ave., Suite A JAIC, No, Ext):_ (A/C, No): Spokane Valley, WA 99212 E-MAIL John L Green ADDRESS: PRODUCER CUSTOMER ID p: CANYO-2 INSURER(S) AFFORDING COVERAGE NAIC tt INSURED Canyon Industries, Inc. INSURER A: Depositors Insurance Company 42587 dba Canyon Hydro INSURER B : AIG Specialty Insurance Co 26883 PO Box 36 Deming, WA 98244 INSURER C:AGCS Marine Ins Co 22837 INSURER D Riverport Insurance Co 36684 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: COA-15 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR. ADDL LTR TYPE OF INSURANCE INSR SUER'- POLICY EFF ' POLICY EXP WVD POLICY NUMBER MMIDDJYYYY MM/DO/YYYY LIMITS GENERAL LIABILITY EACH GccuRRelvice $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY X X EG 13579318-4 11/2312015 11/23/2016 DAMAGE TO RENTED PREMISES (Ea occurrence` _ $ 300>00 CLAIMS-MADE X OCCUR MED EXP (Any one person) S 25,000 X Incl Pollution PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GFN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPiOP AGO S 2,000,00 POLICY , X PRO- LOC AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT 5 1,000,00 A X Ea acc denu nNY AUTO ACP7554779901 11/23/2015 11/2312016 BODILY INJURY ;Per oersonj $ ALL O`.NNED AUTOS flODILY INJURY (Pei acc>oent} $ SCHEUUEf`.0 AUTOS PROPERTY DAMAGE $ HIRED AUTOS PER ACCIDENT; NON-OVINED AUTOS $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,00 X. EXCESS LIAB CLAIMS MADE $ 5,000,000 B X X EGU 13579377-4 11!23/2015 11/23/2016 AGGREGATE HBLF $ RETENTION $ S WORKERS COMPENSATION WC STATU- OTH- . AND EMPLOYERS LIABILITY YIN X ;TORY LIMITS ER B ANr PROPRIETOR,PARTr,ER/ERcCEI-NE EG 1 357931 8-4 WA STOP GAP 11/23/2015 11/23/2016 E L EACH ACCIDENT $ 1,000,00 GFFCERIMEMBER eXCLU~,EL1 D (Mandatory in NH) L __J NIA AKARP300008 AK 02/01/2015 02/01/2016 EL DISEASE EA EMPLOYEE S 1,000,00 if yes. describe under - DESCRIPTION OF OPERATIONS be:ov, E L DISEASE - POLICY LIMIT S 1,000,00 C Installation Fltr SML93026804 11/23/2015 11123/2016 Location 1,000,00 Ded: $5,000 Transit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Ashland Oregon and its elected officials, officers and employees are ranied additional insured status on any insurance policies required herein-but only with respect to Contractor's services to be provided under contract for: Reeder Gulch Hydroelectric Project. Coverage is rims and non-contribute with waiver of subro ation.Should an of the CERTIFICATE HOLDER CANCELLATION CITY035 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE - J- D,oceen:' oreemen: © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD j HOLDER CODE CITY035 CANYO-2 PAGE 2 j NOTEPAD. INSURED'S NAME Canyon Industries, Inc. OP ID: DJ Date 11/24/2015 ;above described policies be cancelled before expiration date thereof, 30 days notice will be provided / 10 days notice for non-payment of premium. I I t I I j ' I I I V l I I I j I I i I I ; 1 f BUSINESS AUTO AC0101A0308 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorse merit modifies insurance orovided under the following BUSINESS AUTO CCVERA.GF FORM, A NEWLY ACQUIRED OR FORMED ENTITIES hire or borrow in your business or you, per- The Named Insured shovin in the Declarations sonal affairs is amended to include any organization you D. SUPPLE I`lIENTARY PAYI,1ENTS - BAIL newly acquire or form, other than a partnership, BONDS joint venture, or limited liability company, and Paragraph A.2.a. (2) of Section it - LIABILI 7~ -y over vditch you maintain ownership or majority COVERAGE is revised as follows (more than 50%) interest; if there is no other similar insurance available to that organization (2J Up to $2.00 for cost of bail bonds (in Coverage under this provision is afforded until ciudiny bonds for related traffic law vio the 180 day after you acquire or form the or lations) required because of an "acci- ganization or the end of the policy period dent" we cover We do not have `,o whichever is later furnish these bonds B. TEMPORARY SUBSTITUTE AUTOS PHYS - E. SUPPLEMENTARY PAYMENTS LOSS OF EARNINGS CAL DAMAGE COVERAGE The foilowin is added to Paragraph A. 2.a (4j of Section 11 - L~AB4U'Y 9 paragraph C Certain COVERAGE is revised as foliovis. Trailers, Mobile Equipment Arid Temporary Sub- stitute Autos of SECTION I - COVERED (2) All reasonable expenses incurred by the 'in- AUTOS cured" at our request, including actual loss , of up If Physical Damage Coverage is provided by timeeaoffrnifrongs m work to $500 a day because of this Coverage Form, the fo,lowiny types of tork vehicles are also covered "autos" for °hysi- F FELLOW EMPLOYEE - OFFICERS, MANAGERS, cal Damage Coverage: MANAGERS, AND SUPERVISORS Any "auto" you not owr3 while used with Paragraph B S Fellow Cmployee of SECT ICNI ii the permission of its owner as a temporary LIABILITY COVERAGE is replaced by the foi- substitute for a covered "auto' you own that oviing is out of service because of its S. "Bodily injury" to any fellow "employee" of a. Breakdown, the "insured" arising out of and in the course b. Repair, of the fellow "employee's" employmen; or while performing duties related to the con- c Serv,cing, duct of your business This exclusion does d 'Loss or not apply to an "insured" who occupies a e_ Destruction position as an officer, manager, or supervi- so The coverage that applies is the same as t the coverage provided for the vehicle being O G PERSON OTHERS L EFFECTS AND PROPERTY OF replaced. ThERS EXTENSION C. EMPLOYE=ES AS INSUREDS - KIONOV,1NED Paragraph 8.6. Care, Custody or Controi of AUTOS SECTION II - LIABILITY COVERAGE does rr~ The following is added to paragraph A.1. Who is no' apply to "property da age" to pr°pe;ty, An Insured of SECTION II -Liability Coverage' other than your property, up to an amount not exceeding $250 in any one 'accident d Any "employee" of yours is an "insured' Coverage is excess ove any other valid and while using a covered "auto" you don't own, celiectible insurance AC 01 01A 03 08 ^ciudes copyrighted matectai °f Insurance Services Office, Inc Page e of 3 evil!; its permission ACP BA.PD75-0-3773`30; LKrAY 10333 iNSURED COPY r A.A3010.7CF3U1 0001 75 0050165 AC 01 01A 03 08 2 The fcllowing paragraph is added to Section 3) Security deposits not refunded by a A 4. Coverage Extensions of SECT:Cfd ,';i - lessor. PHYSICAL DAMAGE COVERAGE 4' Costs of extended warranties, c 'Ale wi!' pay up to $500 for your property Credit t ife insurance, Health, Acci that is lost or damaged as a result of a dent, e Disability insurance pur- c,overed "loss", without applying a de- chased with the lease, and ductibie. Coverage is excess over any other valid and collectible insurance. Carry-over balances :rorn previous leases ti. HIRED AUTO PHYSICAL DAMAGE 2 This coverage only applies to a "loss" which If covered "auto'' designation symbo`s ' or, 8 ap- is also covered under this policy for Com- ply to Liability Coverage and if at ieast one prehensive, Specified Causes of Loss, or auto" you own is covered by this policy for Collision coverage. Comprehensive, Specified Causes of Loss, or 3 Coverage does not apply to any unpaid Collision coverages, then the Physical Damage amount due on a loan for which the covered coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver, and ''auto" is not the sole collateral. pruvisioris in the Business Auto Coverage Form RENTAL REIMBURSEMENT COVERAGE applicable to aired Auto Physical Damage ap- 1 This coverage applies only to a covered ply. The deductible will be equal to the largest "auto" for which Physical Damage Coverage deductible applicable to any owned 'auto'' for is provided on this policy. that coverage. Any Comprehensive deductible 2 VVe v✓iil pay for rental reimbursement ex does not apply to fire or lightning penses incurred by you for the rental of an EXPANDED TOWING COVERAGE auto" because of "loss" to a covered "auto". We will pay up to. Payment applies in addition to the otherwise 1 $100 for a covered "auto" you awn of the applicahle. amount of each coverage you private passenger type or have on a covered "auto " No deductibles apply to this coverage 2. .x,250 for a covered "auto' you own that is 3 VVe will pay only for those expenses incurred not of the private passenger, type, during the policy period beginning 24 hours for towing and labor costs incurred each time after the "loss" and ending, regardless of the the covered ''auto" is disabled. However, the la- policy's expiration. with the lesser of the fcl- bor must be performed at the place of disable- lowing number of days: men' a. The number of days reasonably required This coverage applies only for an "auto" covered to repair or replace the covered "auto' If on this policy for Comprehensive or Specified "loss" is caused by theft, this number of Causes of Loss Coverage and Collision Cover- days is added to the number of days it ages takes to locate the covered "auto" and J. AUTO LOAN! OR LEASE COVERAGE return it to you. i. In the event of a total "loss" to a covered b The number of days shown in the Sched- .auto", we wifi pay any unpaid amount due ule on the loan or lease, including up to a maxi- 4 Our payment is limited to the lesser of the foi- mum of $500 fo. early termination fees or solving amounts penalties, for your covered ''auto" less. Necessary and actual expenses incurred a The amount paid under SECTION III - 2. $75 for any one day or for a maximum of PHYSICAL DAMAGE of this policy, and 30 days o A,nv: S This coveraoe does not apoly while there are 1; Overdue lease/loan pavments at the spare or reserve "autos' available to yo-) for time ofthe "loss' you,- operations. 2j Financial penalties imposed under a 6. If "loss" results from the total theft of a cov- lease for excessive use, abnormal ered °atito" of the private passenger type, wear and tear or high mileage, we will pay under this coverage only that amount of your renta reimbursement ex- Page 2 of 3 Includes copyrighted material of Insurance Services Office, +rc., AC 01 CIA 03 08 oMh i!s permission ACP BAPD75-0-0 7 390 1 LJOVb' 10333 INSURED CORY A(YJi)1C_i'J83* :33; 75 0050166 AC0101A0308 penses which is not aiready provided for trcle vveight of 20.000 pounds or less which under the PHYSICAL DAMAGE is a nev✓ vehicle, COVERAGF Coverage Extension In the event of a total "loss" to your new ve- Coverage does not apply to any covered hicle to which this coverage applies, we wiii "auto" for which ccverage is provided by en- pay a' your option dorsement form C.A9923 on this policy a. The verifiable new vehicle purchase pace you paid for your damaged vehicle, not L EXPANDED TRANSPORTATION EXPENSE including any insurance or warranties Paragraph A..4.a. of SECTION III - PHYSICAL purchased, DAMAGE is replaced by thri, following b If 't is available, the purchase price, as ` ,Je will pay up to $50 per day to a maximum of negotiated by us, of a new veh role of the 51000 for temporary transportation expense in- same make, model, and equipment or curried by you because of the total theft of a cov- the most similar model available, not in- ered "auto" of the private passenger types We chiding any furnishings, parts, or equip- will only pay for those covered "autos" for which nert not installed by the manufacturer you carry Comprehensive or Specified Causes or manufacturers dealership; or. of Loss Coverage. We will pay for temporary c. the market value of your damaged ve- transportation expenses incurred during the pe- hicle, not including any furnishings, riod beginning 48 hours after the theft and end- parts, or equipment not installed by the ing, regardless of the policy's expiration, when manufacturer or manufacturer's dealer- the covered "auto" is returned to us or we pay ship for its "loss" We will not pay for initiation or set up costs i,Vi. EXTRA EXPEivISE - STOi_EN AUTGS associated with loans or leases The following paragraph is added to Section In this endorsement, a new vehicle means A.4. of SECTION III PH- 'SiCAL DAMAGE an "auto' of which you are the original owner COVERAGE that has not been previously titled and which c We will pay for up to $5,000 for the expense you purchased less than 365 days before of returning a stolen covered "auto" to you the date of the ' loss". ULre will pay only for those covered 'autos" O. 9LAP `FC '7 IvVAIVLER')f- St BR-31G TfON for which you carry Comprehensive or the tollowing is added to paragraph 5 Transfer Specifies Causes of Loss Coverage Of Rights Of Recovery Against Others To Us of ill. nlEl/VifEIPtCLF REP=.ACEiVIEv1T CAST SFCTI )iq IV BUSINESS AUTO 1,~e toSiovvsng is added to paragraph r- Limit of CONDITlOtv5) Insurance of SECTION ld - lHYSICAL We waive any right of recovery we may have DAMAGE INSURANCE against any nersor or organization to the extent 4 The provisions of paragraphs 1 and ? do required of you by a written contract executed not apply to a covered "auto" of the private prior to any `accident° because of payments we passenger type or a vehicle w!th a gross ve- make fnr damages under 'his coverage form Ali terms ar:d conditions of this policy apply untess modified try this endo;sement. AC u 1 0!A 03 ~Ff I^ ciudescr ..f?y-ig,,te~, rr,atenai r1 ,tr5r,rance Se~vzes Office.ii~c Paae 3 vfs vvith ~ts oerm!ssicn ACPE3ARti750177390? _K1` V111 10333 !NSUHEDCOaY AM11owaoi 0 : 33? 75 005v167 COMMERCIAL AUTO AC 01 02WA 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. t USN ESE AUTO EXTEN NO NDORSEMENT- WASHNN G ON 'his endorsement modifies insurance provided under the following BUSINESS AJTO CCVEr• AGE FORfA %,101 OR CARRIE COVERAGE FORV A. CHANGES FOR TRAILERS AND FARM C. BLANKET ADDITIONAL INSURED EQUIPMENT Any person or organization which you have 1 Under the COVERED AUTOS Section. agreed to name as an additional insured in a the follwving are added to Paragraph C written; contract. eXeouted prior to an acci- Certain Trailers, Mobile Equipment and dent. ot'ner titan a contract for the lease Cr Temporary Substitute Autos' ~erltal of a vehicle is an "insured" for Liability 4 ?railers.1 designed to "r, toved by a Coverage. but only to the extent that person private passenger !ype "a'_1tn° or or omanizat;or; qualifies as an "risured.. pickup. ;)aflel truck of van if not used r;nder the VUho is Are Insured Provision con for business purposes, other than tamed in the LIABILITY COVERAGE farrrling ar ram;hing. SEC" ION of the Coverage Form S Firm vradons or fare; ;mplernents D. REPLACED EXCLUSIONS ,,Vhile be>ng tos~:ed by a covered 'au Ise rx,pec.ted or intended injury Exclusion to 11; the IA,E3IL!Th` COVERAGE SECTION is B. CHANGES FOR ADDITIONAL NEWLY replaced ov t`;e follo%ving ACQUIRED VEHICLES Expected or Intended Injury Paragraph B.2 of ti7e COVERED AUTOS "Bodily injt;ry or "property damage" miich is SECTION is replaced by the following- expected or intendea by the "insured". Th s 2 f Symbol(s) Tor 67 is entered next to exclusion applies ever if the resulting "bod1- a coverage in Item Tvvo of the Decla- iy injury" or "property damage rations, an "auto" you acquire vnl! be a is of a different kind, quality or, degree a covered "auto" for that coverage than initially expected or intended, Cr only if: b is sustained by a different person, entity. a. We already cover at least one real property, or persona! property than; auto" yc;u owr; for that coverage that initially expected nr i-,tended, or it replaces our -'auto" you pre- E. ADDITIONAL EXCLUSIONS VICUSIY 0V:')9J t, 'at i,ad thcit coV- eragF, ar:d The follor~Ving eXCIUS-ions' are added to the LIABILITY C VERAGF SECF+.'ON b_ You tell us .•vitl7in 30 days aftr~r you acquire it that you varlt us to Damage to Named insured's Property cover,, for hint coverage. Any claim or 'suit" for `property damage" by The most v✓e twiG pay for Pf.ys!C,! Darr- you or cn your t,en~~if against any other per- agc Coverayr; for loss under this Gov sort o~ ^,aittity t not !5 also a Named insured erage F;fe r s10~ is I:iC 0){~ P -idt`, Jade t iIS :OIGy Sribject to the largest deductible applica- Abuse or Molestation bl fo .:ny r,;u., `.:x tt at Coverage. AC 01 02WA 03 10 n; - ,a;, Page 1 of 4 ACP BAPD75-2-4779901 L BXW 12277 INSURED COPY AC0102011000 0001 75 0032909 AC 01 02WA 03 10 "Bodily injury' o; 'property damage' axis- b Resulting from food er drink furnished Mg out of with these services. a. The actual or threatened abuse or "Bodily injury" or 'property damage" resu:, mole5Aati~3r~ by anyone or any person, wg from the Landiing of corpses. while in the care, custody or contro F. MOTOR HOME CONTENTS COVERAGE of any insured or 1. For a covered "auto" tt,at is a motor home b file negligent the folioE%ing exclusions are added to tie Ernplaynlert P! IYSiCAL- CAIVtAGE COVERAGE 2; Investic tier,: SECION 3) Sr~penISion; Motor Home Contents -,pply to: 4) f-ieport1ng to the proper authori- This if isur an ca does rot r ties. Of failure to so report; or a "Loss' to t ne covered "autos" contents, xcept equipment usual to trucks or pr; 51 Retention, vat, passenger "autos' of a person for b ilCIm any "InSUred° is h ! nss" to TV antennas, CUAWtngS Or C;A- or ever was legally responsible and whose conduct v:ouid be excluded by banas_ Paragraph a. above n "Loss" to equipment designed to crsate added living facilities. Abuse means an act ;n;hich is committed %ith the intent to cause harm. However, these exclusions do not apply if Explosives %scelianeous Personal Property Coverage Is provided by endorsement to this policy 'Bodily injury" o' property damage" G ACCIDENTAL AIRBAG DISCHARGE caused by the explosion of explosives you rr`ake, sell or transport. COVERAGE Rolling Stores Under Paragrapi-I B 3.a of the PHYSICAL DAMAGE COVERAGE SECTION, the Wowing If r mvered xito is a rolling store, is added dily injury" or "property damage' resulting "Jlechan;cal breai<aov,rn _foe.> not include the ac- frorri the ha.ldlmg sc c, none itic of ;ruiy cideital disr_l,ar a of ar al~bag. item the ins,i:md make sell- or distri Mites if the injury or damage occurs after H. PHYSICAL DAMAGE LIMIT OF INSURANCE toe insured" W given up possession of Under PHYSICAL DANrAGE COVERAGE the item SECTION, Paragraph C. Limit of Insurance is Vhong Delivery of Liquid Products replaced by die Wowing, Bodily my ry` or ..property damage" re C Limit Of Insurance sulting from the delivery Cif any kgwd Into I. We most we ;wK play I'm °uw" in any, the wrong receptacle or to thP,. Wrong ad one accident is the lesser of. dress. or from the delivery of one liquid a. The actual cash value of the dam- for another, if the "bodily injury" or "prop- aged or stolen property as of the erty damage.. occurs afte7 the delivery time of the "loss". or i-a been crnpletcd b. The cost of repairing or rep(acmg Delivery C:Or1SI"lered CCrrpleted even if the damaged or stolen prooerty furthm sE r ve or Tairitcnaric l,N, or rr.ction. mpalr or rcplacern I: re- 2__ $1.C0 is the most we „vilt pay for 'loss any ow accident" to all electronic cncoined because of v:jrcrlc deiiver~, F_:u,ulment 'hat reproduces. eceives o, Professional Services "Bodily injury"_ Y Resulting fronts the pmvlding or ke fai;ure to provide a+l'y' RlF d,Cd of 0"n- -?r professions:'- senvh;hs Page 2 of 4 Two" „ M,r sw .s O'`: AC 01 02WA 03 10 ACP BAPD75-2-07 79901 LSiM 12277 INSURED COPY AC0102037000 0001 75 0032910 AC 01 02WA 03 10 t'ansmits audio. visuaor data signals I. GLASS REPAIR-WAIVER OF DEDUCTIBLE ~ryl~ich at tLu time of "loss', is. Under Paragraph D. Deductible of tha a. Permanently installed in of upon PHYSICAL DAMAGE COVERAGE SECTION, the covered "auto" in a hcusiny, the fofioaring is added opening er other location that is N deductible applies to glass damage if thr- net normally used by the "auto' glass is repaired rather than replaced. manufacturer for the installation J. AMENDED DUTIES IN EVENT OF ACCIDENT, of sacl-. equipment. CLAIM, SUIT. OR LOSS b Re ncv 1;P from o f err am ntly Tfre r(,gwrement in Loss Condition 2-a. Duties In r st~ilcc housing unit as dol The Event Of Accident, Claim. Suit Or Loss - of c abed in Paragraph 2 a, above f- RU &,NESS AUTO CONDITIONS SECTION or is an integral par, of that and the MOTOR CARRIER CONDITIONS equipment, or SECTION that vou must notify us of an acci c An integral pert of sich eqE u;p- Jew". claim', suit", or loss° applies only When rT18111L the accident`. "claim", suit", or "loss" is knows, 3 An adjustment for depreciation or;d to physical condition vvlll be made in de- You, if you are an irdividual terrrining actual czsh value in the A partner, if you are a partnership; event of total "loss". 3. An executive officer or the employee desig- 4. (he cost of repairing or replacing nated by you to give such notics it you are a may, corporation. o a Re based on an estimate which 4 A member, il you are a limited iiat;aity com- includes parts furnished by the par; y original equipment manufacturer K. UNINTENTIONAL FAILURE TO DISCLOSE or other sources inch-icing non- HAZARDS original equipment manufac%li ers and The BJSINESS AUTO CONDITIONS SECTION b Inclrade .a dede,ction for better- and MOhOR CARRIER GONDI T IONS r nt tl part o r arts that are S~_k lON B.2. are =;nlendpc by the o ddition of the iol!o`.ving normally subjeot to rr~i>air or m- I I aCr_'rilP{It durucq the USef fl life if V6G Jmritt?ntlon~.li;y fall to disclose any i azaru`; of the 'auto' such .as, but not ii- existing at the inception date of your policy we mited to tires and batteries. ,01 rot deny aaverr Lie under this Coverage Betterme ~t r-neans the difference Form because of such failure However, this between tyre actual Cash value of provision does not affect our right to ccA-ct addi- par? in?mediately before the tional premium or exercise cr.lr right of cancelia- css' and the cost to replace tiorl (-)r nonrerlewal that part vvrlh a new,, part L AUTOS HIRED OR RENTED BY EMPLOYEES we offr4r to pay the actual cash val- If nired or- rented `autos are covered 'actos" on ,.le of the damaged or stolen proper- tnis hnliry, the foilolving provisions apply. ty, vie w6ll value auto advertising A. Changes In Liability Coverage v?maps. paint customization, and Simi- ar business related advertising rood- The b;lcn7ing is added to the Who is An I;r sir'ed Provision n1 the LIABILITY `railol ' . addition to ale actual ~ t~(~Ti'~~ .ash v luf- of the pr(,);)-rty Auto ad- Iw~Jt-1AGL 5 0iN. vertisn.y °l,raps' pal- - custcrrization. .41-1 en ve v,,1 { u yours, is an `insured' r~1~'se and similar bU Wass related acvei tis opera+ng n `ruto" mired or rented under a in", rrlodiflcatlor,s will be valued at the c-on;ract of a J(PerTlent I!1 t!iat emp'oyee s' cost to repLice thcrrl Wi`.h at, dIUSt- rner?t grade for ~E f:1't 11ilOn 1i1C pla'ys~ca! :.ordlt-nn AC 01 02WA 03 10 Page 3 of 4 ACP BAPD75 2-4779901 LBXW 12271 INSURED COPY AC0102031000 0001 76 0032911 AC 01 02WA 03 10 name. V•.'Ith VOL.r perlflissi0!i. v,hile per- IVI. EMERGENCY LOCKOUT- PRIVATE forming duties related to the conduct of PASSENGER VEHICLES your business 4Ve >,vill reimburse you up to $50 for reasonable CS. Ch<a"IQeS Ira Catt2r7 ' v!"'CItI0i1S expense- InCUrrPo for the services of a looksrl-itli Paragraph S.b, of tyre Other Insurance to gain entry into your covered 'auto' of the pri- vate passenger type subject to these provisions Condition and Paragraph S.f. of the Other Insurance Condition, in the Motor t Your door key or key entry pad has been Carrier Coverage Form is replaced by the lost. stolen or locked in your covered 'auto- follcv~~inc and you are unable to enter such "auto", or cr Hired Auto Physic,`; fJamnge Cover 2 Your key or key' entry pad has been ;ost or age the fafloU;ir ; are .ee ,ed to be cow s',olen ar,d you I a e chal ced the lock to eyed "autos" yo-1 ovt-rl: prevent, an unauthorized entry, and 1- Any covered "auto' yn~,r !ea^;e, hire. Original copies of receipts for Services of a rent or borrcvd. alld locksrrith must be Drovicjed before reirn 2- Any covered "auto' hired or rented by bur9ement is payable. your "employee" tinder a contract it, N. LIBERALIZATION that individual "employee's" name, Paragraph 3of the Other Insurance Condrtion ir, with your perniissicn, vihile perform- the Business Autu Coverage Form is replaced by ina duties related to the Conduct of the following- if vie adopt any revision that would vour business broaden the coverage under this policy without additional premium within 60 days prior to or dur- Hever, any "auto" that is leased, hired. ir,g the policy period, the broadened coverage will rented or borrowed with a driver is not a immediately apply to this policy cowered "auto All terms and conditions of this policy apply unless modified by this endorsement- Page 4 of 4 , , :Ur - AC 01 02WA 03 10 ACP 8APD75-24779901 LBXNV 12271 INSURED COPY AC0102031000 0001 75 0032912 ENDORSEMENT NO. 11 This endorsement, effective 12:01 AM, November 23, 2011 Forms a part of Policy No, EG 13579318 Issued to: CANYON INDUSTRIES, INC. DBA CANYON HYDRO By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed as follows: SECTION IV - CONDITIONS, Paragraph 7. Transfer of Rights of Recovery Against Others to Us Applicable to Coverages A, B, C and E is amended by the addition of the following at the end of such subparagraph: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments vnc make under Coverage A, B, C and E for in;ury or damage arising out of your ongoing operations or your work done under a contract "ith 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 below. SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY WRI1 TEN CONTRACT All ether terms, conditions, and exclusions shall remain the same. 14 AUTHORIZED REPRESENTATIVE or countersignature (in states Mere applicable) 94283 (3/07) PAGE 1 OF 1 C13021 ENDORSEMENT NO. 5 This endorsement, effective 12:01 AJAh, November 23, 2011 Forms a pert of Policy No: EG 13513318 issued to: CANYON INDUSTRIES, INC DBA CANYON HYDRO By: CHAR TIS SPECIALTY INSURANCE COMPANY 1`'flS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDIT(ONA. iNSURFD VEIt1DORS_ENDORSEMEINT - PRIMARY AND NOill-COi'LTRIBU T'ORN' This endorsement modifies insurance provided inder the folioWng: COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SCHEDULE lisarne of Person(s) or Organization(s) (Vendor BLANKET INHERE REQUIRED BY WRITTEN CONTRACT Your Products; ALL PRODUCTS nF THE NAMED INSURED Solely as respects Coverages A, E 1, E-2 and E-3, if applicable. SECT"(ON 11 - WHO IS AN 114SURED is amended to include as an insured any person(s) or organization(s) (referred to herein as the "vendor") shown in the Schedule above, but only Wth respect to bodily injury, property damage, environmental damage, or emergency response costs arising out of your products shown in the Schedule above which are distributed or sold in the regular course of the vendor's business, subject to all of the terms and conditions of this Policy and the additional foiioWng exclusions, terms and conditions: The insurance afforded the vendor does not apply to: a. Bodily Injury, property damage, envircnmantsl damage, or emergency response costs for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the vendor voouid have in the absence of the contract or agreement; b- Any express warranty unauthorized by you; c. Ary physical or chemical c;;ange in your proeuct rrade intentionally by Ilia vendor; c. Repackaging, except Men unpacked solely for tie purpose of inspection, demonstration, testing, or the substitution of parts ender instructions from the manufacturer, and Dien repackaged in the original container; 03388 0109; PAGE 1 OF 2 C 1440 ENDORSEMENT RIO. 5 (Continued) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to mane in the usual course of business, in connection vJth the distribution or sale of your product; f. Demonstration, instaiiation, servicing or repair operations, except such operations performed at the vendor's premises in connection wth the sale of your product; U. Your product which, after distribution or sate by you, has been labeled or relabeled, or used as a container, part or Ingredient of any other thing or substance, by or for the, vendor; or h. Bodily injury, proparo,, damage, environmental damage or emergency response costs arising out of the sole negligence of the vendor for its ovui acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub paragraphs d. or f, above; or (2) Such inspections, adjustr-rents, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of your product. 2. This insurance does not apply to any products you have acquired from a vendor, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Solely vwtth respect to the coverage afforded to the vendor pursuant to this Endorsement, SECTION lV- CONDITIONS, paragraph 4. Other Insurance is deleted in its entirety and replaced with the following: 4. Other Insurance This insurance is primary and non-contributory, and our obligations are not affected by any other Insurance carried by such vendor vktother primary, excess, contingent, or on any other basis. All other terms, conditions and exclusions shall remain the same. f J'GV vJ!f~/J1K~ AUTHORIZED REPRESENT T AT!VF or countersignature (in states v~,fitere applicable) i03388 (I W9) { AGE 2UF Cif" FKI0ORSEJ"hEW'[ NO. 8 This endorsernsnt, effective 12:01 AM, November 23, 201i Forms a part of Policy iNc: EG 13579318 issued to: CANYON INDUSTRIES; INC DHA CANYON HYDRO By: CHARTIS SPECIALTY INSURANCE COMPANY THIS EtNDORSEMEN7 CHANGES THE POLICY. PLEASE= READ IT CAREFULLY. COVERAGES A B C AND E ADDITIONAL INSURED - MANAGER OR LESSOR OF PREMISES ENDORSEMENT, This endorsemert modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY ARID POLLUTION LEGAL. LIABILITY COVERAGE FORM SCHEDULE Designation of Premises (Part ;eased to You; BLANKET WHERE REQUIRED BY WRITTEN CONTRACT 2. Name of Manager or Lessor Bi ANKFr INHERE REQUIRED BY VN97TEN CONTRACT Solely as respects Coverages A, 13, C and E, SECTION If - WHO £S AN INSURED is amended to include as an insured the person cr organizat;on shown in the Schedule above but only vwth respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule above and subject to the following additional exclusions: This insurance does not apply to: 1. Anv occurrence which takes place after you cease to be a tenant in that premises. 2, Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor shown in the Schedule above. All other terms, conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 95165 (71071 PAGE 1 OF i C13129 ENDORSEMENT NO. 7 This endorsement, effective 12:01 AIl11, November 23, 2011 Forms 6 part of Policy No.: EG 13679318 Issued to: CANYON INDUSTRIES, INC, DBA CANYON HYDRO By, CHARTIS SPEC-IALTY INSURANCE COMPANY THIS ENDORSEMENT CHARGES THE POLICY. PLEASE READ fT CAREFULLY. COVERAGES A-i ARID ~ ADDITIONAL INSURED _ DESIGNATED PERSOW(S) OR ORGANIZATION(S) ENDORSEMENT This endorsement modifies insurance provided under the follov,ing: COMMERCIAL GENERAL LIABILITY ARID POLLUTIONf LEGAL LIABILITY COVERAGE FORM Solely as respects Coverages A, B and E, SECTION it - WHO IS AA! INSURED is amended to include as an insured ttre person(s) or organization(s) shown in the Schedule below, but only vuth respect to bodily injury, property damage, personal and advertising injury, environmental damage or emergency responsg costs caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your work; or S. In connection Wth your premises owned by or rented to you. SCHEDULE Narne of Additional Insured Person(s) or Organization (s): BLANKET WHERE REQUIRED BY WRITTEN CONTRACT Al otner terms, conditions, and exclusions shall remain the same. f~. ~ ~r~hf AUTHORIZED REPRESENTATIVE or countersignature (in states Mere applicable) 103366 (3/1PAGE 1 OF I 6034 ,;2 PERFORMANCE BOND Bond No.: 106390808 CONTRACTOR: SURETY: (Name, legal status and address) (.'Fame, legal status and principal place of business) Canyon Industries, Inc. Travelers Casualty and Surety Company of America 5500 Blue Heron Lane 707 W. Main St., Suite 300 Deming, WA 98244 Spokane, WA 99201 OWNER: City of Ashland 20 East Main Street Ashland, OR 97520 CONSTRUCTION CONTRACT Date: Amount: $92,704.80 Description: (Name and location) Reeder Gulch Hydroelectric Project BOND Date: December 1, 2015 Amount: $92,704.80 Modifications to this Bond: X = None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Travelers Casu nd Surety Company of America Company:Canyon Industries, Inc. (('orporate Seal) Company: (('or rate Seal) Signature: -~t * Signature: ~ Name and Title: Name and Title: Jo)een, Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Inland Insurance, Inc. (4rchitect, Engineer or other party:) 9016 E. Indiana, Suite A Spokane Valley, WA 99212 509-456-2648 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors aria assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's perfon-nance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the ;responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including chan;es of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below, far additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate .Seal) Company: (Corporate Seul) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .A► POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company C Attorney-In Fact No. 228037 Certificate No. 0 0 6 3 6 4 6 5 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty 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 t Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, 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 James P. Dinneen, John L. Green, Cathy Sue Smith, LouAnn Jensen, and Toby Hawkins i i Spokane Washington i of the City of State of their true and lawful Attorney(s)-in-Fact, i 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. t IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th day of May 2015 i Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GASU,1~ TYI ccF1PE 4 A,., 1 \T.K ••k j~tiNSU,q JP\.TY AND ~p6 uU9fJy 01 Y oPP R~r < t G r QO: y `J Z ; b gT i+ o ~i ° ' INCDRPORATED° rN z f«oaaoR~re:C1 coaeoaarF,m= 1 ;8 2 O 977 :0Z a HARTFORD, HARTFCMQi41Fp - NEC 1 S a ' 1951 ~•..SEAI ;o' SEA.Li3r ~ CONN. o YSCONN.r f~a~~ ~n 1896 ~ N, `%2s~ a 'a•N i io,'•. : da e d si ~y,, \yM1`- b y r T~ ,'~au`cE., ~1 ....,A.+' `;i =rte fir` bl ~Nd "Yt ,~nna~ .9' ARM State of Connecticut By: lzj City of Hartford ss. Robert L. Raney.. enior Vice President 1 On this the 14th day of May 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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 &Aik My Commission expires the 30th day of June, 2016. ~'0tl8L~G ~r Marie C. TCtreault. Notary Public 58440-8-12 Printed in U.S.A. 1 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., 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, 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 they 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 i- 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, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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 I S t day of December 2015 Kevin E. Hughes, Assistant Sec tary G ASL/,{( e~:.Lt~PE 4'p+a• :'Y tN5 q` ?LtY Aryp u^`yy 4 ~jY oppoq~ +44rr G, i ~'-7°;, '.9 J yJ S EtC ~ T O 4 P? ~e yr '1982' n , ~VCORPORATEQ ° m ' =i e:c+~ 3w: ~oReoaarF : c~ _ ~`3 Z O 19TI { s ' : m • ' F : n a HAHTFMFID, < AtIARTFORQ y e ~ D =d 1951 - 11t ipnf i i'• os CONN. nGONk. ~s96 5.... N~ a•A r o,l :ae y * '4 Fq.... To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.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. F t WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER PAYMENT BOND Bond No.: 106390808 CONTRACTOR: SURETY: (Name, legal status and address) (dame, legal status and principal place of business) Canyon Industries, Inc. Travelers Casualty and Surety Company of America 5500 Blue Heron Lane 707 W. Main St., Suite 300 Deming, WA 98244 Spokane, WA 99201 OWNER: City of Ashland 20 East Main Street Ashland, OR 97520 CONSTRUCTION CONTRACT Date: .Amount: $92,704.80 Description: ('dame and location) Reeder Gulch Hydroelectric Project BOND Date: December 1, 2015 Amount: $92,704.80 Modifications to this Bond: X None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Travelers Casualt nd urety Company of America Company: Canyon Industries, Inc. (Corporate Seal) Company: (Corpor Seal) Signature: Signature: 'Fame and Title: Name and Title: John r n, Attorney-in-Fact (Arty additional signatures appear on the last page of this Payment Bond.) (h-OR INFORA1.4 T10.,\' OA Y- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Inland Insurance, Inc. (Architect. Engineer or other party:) 9016 E. Indiana, Suite A Spokane Valley, WA 99212 509-456-2648 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfbnnance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3. the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5 .2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however. the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant: .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 4 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a POWER OF ATTORNEY T■ AVELE' `S J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. Certificate No. 0 0 6 3 6 4 6 5 2 2280'37 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty 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 are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duty 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 James P. Dinneen, John L. Green, Cathy Sue Smith, LouAnn Jensen, and Toby Hawkins of the City of Spokane State of Washington 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 undertaking>s required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th day of May 2015 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company 1111IIilllyl' . 1 ,Mrr'rw'rWrr.r.y1MYAV`!y ,4ITY _ GASU,I'r tiPE 4 ; O\*µ .INSG J90 1N .714 yJP'tY Aryls 1' Op,POlr 6 V tGOa°q'+ar~ G c~ 7p NPOR4 -.fin uP G9 Q O o Z ~.co 1>e.Z 3 RPORAT m a f'~ ti 3S ` b^ n o INCDfiPORAiED ° x}~+f z; Cc, ; W co F y ~ 'WAI IED 1982 O 1977 : ram cv ; ; HARTFORD a HARTFORD S' Cq CONN . $ 19.5 a i ~i SE(~IJ ~ SEAL. 3s N. o 6,"~'EJa %~2 C"a3~b'•., 'a~i ib'•. :aai ...,N{~ Vy d ~ 5(ii,prr ct \ 1S'~•~py~ °'1S .•~raf bbt ~NaDi l~ AMA°' State of Connecticut By: City of Hartford ss. Robert L. Raney, . enior Vice President On this the 14th day of May 2015 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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. 2016.~tiG # Maric C. Teheault. Notary Public W~ 58440-8-12 Printed in U.S.A. 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, an Fidelity Y P Y, Y and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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, 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 I? 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 s` 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. 1, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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 I S t day of December (1 5 Kevin E. Hughes, Assistant Sec tary ~-~~yy kM1M~M~9t4 PttY ANp W- P ~Fri, ~~F~ HMO ~ooP Af O y t Gyr _ 7 ~T: T, 3~' r-_ L G ~ 81CORPORATED z'=_ f~caROA~>Cr,3 ;W.'~OaPDRgT'~^ uP m .a~F~ 0 1982' ,19 HARTFORD Z ' a f ; f a , < HRRTFO :fy0._ •_,~S,a 1951 SE r1L io % SEAL:"t = CONN., o CONk.r~ 1896 4;! Yy+E."'ti~ ~ r~ s r a H si ti lS.......AN i v1 .4 ! Ddb +ai v~~a ( A "..:r s AIM" To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.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 OP ID: DJ A C7"R" DATE (MMtDD/YYYY) 111%~ CERTIFICATE OF LIABILITY INSURANCE 11124/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NE m Inland Insurance Inc. FAX---- 9016 PHONE - E Indiana Ave., Suite A _JAXc No, Ext): (A/C, No): Spokane Valley, WA 99212 E-MAIL John L Green ADDRESS: CUSTOMER CANYO-2 CUSTOMER ID INSURER(S) AFFORDING COVERAGE NAIC a INSURED Canyon Industries, Inc. INSURER A : Depositors Insurance Company 42587 dba Canyon Hydro INSURER B : AIG Specialty Insurance Co 26883 PO Box 36 Deming, WA 98244 INSURER C : AGCS Marine Ins Co 22837 - - INSURER D : Riverport Insurance Co 36684 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: COA-15 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS INSR - --ADDL SUBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLDCY EXP MM/DDlYYYY ! MM/DDJYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY X X 'EG 13579318-4 11/23/2015 11/23/2016 DAMAGE T~RENTED PREMISES (Ea occurrence) S _ 300,00 CLAMS-MADE X OCCUR MED EXP (Any one person; $ 25900 X Incl Pollution PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPiOP AGG $ 2,000,00 PRO 3 POLICY X LOC AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT $ 1,000,00 ACP7554779901 11123/2015 11/23/2016. `Ea acclderni A X ANY AUTO BODILY INJURY (Per perso) S ALL ObVNED AUTOS BODILY INJURY (Per acc cent) 3 SCHEDULED AUTOS _ PROPERTY DAMAGE S HIRED AUTOS iPER ACCIDENT) NON-OWNED AUTOS c 3 UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,00 X EXCESS LIAB - - - CLAIMS-MADE AGGREGATE S 5,000,000 B X X EGU 13579377-4 11/23/2015 11/23/2016,1 DEDUCTIBLE RETENTION S S WORKERS COMPENSATION WCSTATU- 01H- AN D EMPLOYERS' LIABILITY X TQRY LIMIT _S; ER B t-.NY PROPRIE OR/PARTNERrEY~CL/TIVE N, EG 13579318-4 WA STOP GAP 11/23/2015 11/23/2016 E L EACH ACCIDENT $ 1 ,000,000 iFF'CEP,IMEMBER EXCLUDED N/A D (Mandatory in NH) AKARP300008 AK 02/01/2015 02/01/2016 F L DISEASE - EA EMPLOYEE S 1,000,000 Eyes descr,be under DESCRIPTION OF OPERATIONS oelo,v E L DISEASE - POLICY LIMIT S 1,000,000 C Installation Fltr SML93026804 11123/2015 11/23/2016 Location 1,000,000 'Ded: $5,000 Transit 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Ashland Ore on and its elected officials, officers and employees are ranted a5ditional insured status on any insurance policies required hereintut only with respect to Contractor's services to be provided under contract for: Reeder Gulch Hydroelectric Project.Coverage is prima and non-contribute with waiver of subro ation.Should an of the CERTIFICATE HOLDER CANCELLATION CITY035 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ~Jfdf.•' r,~-'1'--•-. J.m D:n~een, Pteciarn; © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITY035 CANYO-2 PAGE 2 INSURED'S NAME Canyon Industries, Inc. OP ID: DJ Date 11/24(2015 labove described policies be cancelled before expiration date thereof, 30 j'days notice will be provided / 10 days notice for non-payment of premium. I 1 I i i ii f I I I 1 1 i 1 i I i I ; I f~ i i I i i I i 4 I BUSINESS AUTO AC0101A0308 THIS Ef~Qt~RSE l~E;i► ~ C~Ai~~G =S THE ?OUCY. PLEASE READ 1" CAREFULLY. ,lr ~f hfi t Y ~ Re I f' 1 .J, S S F R46 I c t This endorsement r•odifies insurance orovided urde;! the roi,av,,ing BUSINESS AUTO COVERAGE FOR1`r A. NEIVLY ACQUIRED OR FORINIED ENTITIES `-,ire or borrov/ in your business or your per- The Named insured shoVir', in the Declarations sonal affairs is amended to include any organization you D. SUPPLEMENTARY PAYMENTS - BAIL nevrly acquire cr form, other, than a partnership, BONDS joint venture, cr limited liability company, and Paragraph A.2-a. (2) of Section II - LIABIL7-Y over which you maintain ownership or majority COVERAGE is revised as follows- (more than 50%) interest, if there is no other similar insurance available to that organization (2) Up to $2,-0v for cost of bail bonds (in- Covera eunder this provision is afforded until eluding bonds for related traffic lavevlc- the 18J~ti day after you acquire or form the or- lotions} required because of an `'acci- ganization or the end of the policy period, dent" we cover We do not have to whichever is later. furnish these bands. B. TEMPORARY SUBSTITUTE AUTOS - PHYS E SUPPLEMENTARY PAYf~riEr~1TS - LOSS OF CAI_ DAMAGE COVERAGE EARNINGS The fol!ewing is added to paragraph C Certain Paragraph A 2.a (4; of Section II - LiABI~I TY Trailers, Mobile Equipment And Temporary Sub- COVERAGE is revised as follows stitute Autos of SECTION COVERED (2) Ali reasonable expenses incurred by the 'in- AUTO S* sured° at our request, including actual loss of earnings up to $500 a day because of If Physical Damage Coverage is provided by time off from work this Coverage corm, the foibvring types of vehicles are also covered "autos" for t'~hysi_ h- FELLOW EMPLOYEE - OFFICERS, cal Damage Coverage iVlANAGERS, AND SUPERVISORS Any "auto" you do not' uwtn while used with Paragraph B 5. Fellow Empfoyee of SECTION ?1 the permission of its owner as a temporary LIABt;lY COVERAGE is replaced by the 1101- substitute for a covered "auto' you own that lowing is out of service because of its, 5. "Bodily injury" to any fellow "employee" of a. E3reakdown, the "insured" arising out of and in the course h. Repair: of the fellcw "employee's' employment or while performing duties related to the con- c Serv,cing. duct of your business This exciusicr does d "Loss or not apply to an "insured" who occupies a e Cestruct on position as an officer, manager, or supervi- sor. he coverage that apples is the same as fl e coverage provides? for the vehicie being G PERSONAL EFFECTS AND PROPERTY OF replaced. OTHERS EXTENSION C. EMPLOYEES AS INSUREDS - I,fON0VVNFD Paragraph B.6. Care, Custody or Car:trol of AUTOS SF CT10N II LIABiL'TY COVERAGE does T he llowing is added to paragraph A.1. Who is not apply to "property carnage" to property, other than your property, up to a, amount An Insured of SECTION ii - Liability Coverage: not exceedin d Any "employee" of yours is an "insured,~ 9 x,250 in any one "accident". Cove-age is excess ove, any other valid and while using a covered ''auto" you don't oven, co lectible insurance AC 01 01A 03 08 ncludes copyrighted material of 'nsurance Services Office inc , Page i of 3 with its i.errnission ACP Br PD7549-d77°9J1 LKFV,1 111333 ih.."5URED COPY ACO1C3G3r-'8I1 0 3n, 75 t111fi01 fi5 AC 01 01A 03 08 2 The `allcwing paragraph is added to Section 3! Security deposits riot refu~zded by a A 4. coverage Extensions of SILCTION lessor. PHYSICAL DAMAGE COVE PAGE 4 Costs cf extended warranties. c V, le wi'i pay up to ssRD for yc;jr property Credit life insurance, Hea!ti;, Acci- that is lost or, damaged as a resit of a dent, cr Disability nsurance p;,r covered "loss vrithout appiy ng a de- chased vvith Ere lease, and ductible. ~Cloverage is excess over ary 5j Carr,;-aver valances from previous other valid and collectible insurance. leases. H. HIRED AUTO PHYSICAL DAl`viAGE 2 Ttiis coverage only applies to a "loss" vvhich if covered "auto" designation symbols 1 o" 6 ap_ is also covered under this policy for Co-T,- piv to Liability Coverage and if at least one prehensive, Specified Causes of Loss, or auto' yc.; own is covered by this policy fen Collision coverage. Cornprehens~ve, Specified Causes of Loss, or 3 Coverage does not apply to any unpaid Colksicn coverages, then the Physical Damage amount due on a loan for which the covered coverages provided are extended to "autos" you "auto" is not the sole collateral. lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form RENTAL REfttJIBURSEfihE~lT COVERAGE applicable to Hired Auto Physical Damage ap- ' This coverage applies only to a covered ply. The deductible will be equal to the largest "auto" for which Physical Damage Coverage deductible applicable to any owned "auto" for is prov ded on this policy. "nat coverage. Any Comprehensive deduct bie 2 VVe will pay for yental reimbursement ex does not apply to fire or lightning penses incurred by you for the rental of an i EXPANDED TOWING COVERAGE "auto" because of "loss" to a coverea "auto". We v.,iil pay up to. Payment applies in addition to the otherwise applicable amount of each coverage you 1 $10C for a covered "auto'" you own of the have an a covered "auto." No deductibles private passenger type or apply to this coveage ? X250 far a covered "auto" you own that is 3 V'Je will pay only for those expenses incurred not of the private passenger type, during the policy period beginning 24 hours for touring and labor costs incurred each time after the "loss" and ending, regardless of the the covered "auto" is disabled. However, the la- policy's expiration" with the lesser of the fcl- bor must be performed at the place of disable- lowing number of days: ment z The number of days reasonably required This coverage applies only for an "auto" covered to repair or replace the covered 'auto". If on this policy for Comprehensive or Specified "loss" is caused by theft, this number of Causes of Loss Coverage and Collision Cover- days is added to the number of days it ages takes to locate the covered "auto" and s. AUTO LOAN OR LEASE COVERAGE return it to you 1. In the event of a total "loss" to a covered b The number of days shown in the Sched- "auto", we will pay any unpaid amount due ule on the loan or lease, including up to a rraxi- -t Our payment is limited to the lesser of the foi- mum of $500 for early terrri,nation fees or iov,~;rg amounts penalties for your covered auto" less. Necessary and actual expenses incurred a The amount paid; under SECTION i i - 2. $75 for any one day or for a maximum of PHYSICAL DAMAGE of this policy, and 30 days b Any* 5 1h;s coverage does not apply while there are 1 nveroue lease/loan payments a` the spare or reserve "autos' available to you for tune --`the "IOss ycUr operatrcns. 2, Financial pe^alties imposed under a 6 if ' loss` results from the total theft of a cov- lease for excessive use, abnormal ered "auto" of the private passenger type, wear and tear or high mileage; we will pay under, this coverage only that amount of your recta; reimbursement ex- Page 2 of 3 includes copyrighted rnaterial cf lrsurance Services Office inc.: AC 01 GiA 03 08 H; fen its perrnjss~or~ ACP BAP075-0-477490` i.KFVv ',0333 INSURED COPY ACII G1C3083 G00 J5 0350166 AC 01 01A 03 OE penses which is 7ot already provided fut hide vveight of 20.000 pounds or less w,thict, under the PHYSICAL CAIVAGE is a nev., vehicle COVERAGE Co-erage Extensit n ,it the event of a total "loss" to your nev, ve- Coverage does not apply to any covered flicle to which this coverage applies, we wii "autc" for which coverage is provided by en- pay at your option dorsement form CA9923 on this policy a The venfiabre new vehicle purchase pr,~e you paid for your damaged vehicle. ^ot L EXPANDED TRANSPORTATION' EXPENSE including any insurance or tvarranties Paragraph A.d.a. of SECT+ON ill - PHYSICAL purchased, DAMAGE is replaced by the foilovvinc~ b If it is available, the purchase once as Ve will pay up to $50 per day to a rnaxirnurll of negotiated by us, of a neiv vehicle of the 51000 for temporary transportation expense same make, !riodei, and equipment or curred by you because of the total ?heft of a cov- the most sirn~ilar model available, not in- ered "auto" of the private passenger type Vlfe chid=^,g any furnishings, parts, or equip- will only pay for those covered "autns" for k%Oiich merit not installed by the manufacturer you carry Comprehensive or Specified Cailses or anufacfurers dea`ershipi or . of Loss Coverage. We viiil pay for temporary c. -1 he market value of your damaged ve- transportation expenses incurred during the pe- h!cle, riot including any furnishings, riod beginning 48 hours after the theft and end- parts, or equipment not installed by the ing• regardless of the poiicy's expiration. when manufacturer or manufacturer's dealer- the covered "auto'' is returned to is or ^.,e pay Ship. for its "loss" VVe will nct pay for initiation or set up costs fy. EXTRA E1tFENSE - STOLEN AUTOS associated viiiith icans or leases The following paragraph is added to Section In this endorsement, a new vehicle means A.4. of SECTION Ill - PHYSICAL DAMAGL an "auto" of which you are the original owner COVERAGE that has not been previously titled and whit c We will pay for up to $5,000 for the expense you purchased less than 365 days before of returning a stolen covered "aUto" to you the date of the "loss'". VVe will pay only for these covered 'autos' O P ~'`'~l~j-~ ~~'~;tt~E: ~ .~t S;s3►eOb~A'-Rt'~ivt for which yon! carry Comprehensive or The following is added to paragraph 5 Transfer Specified Causes of Loss Coverage of Rights Of Recovery Against Others To Us of N. NEW VEHICLE REPLACEMENT COST SECTION IV BUSINESS AUTO The following is added to CONDITIONS): g paragraph CLimit of insurance of SECTION lil - PHYSICAL We vraive any right of recover vwe may have DAMAGE INSURANCE: against ary person or organization to the extent 'T! -,,e provisions of paragraphs 1. and 2 do required of you by a written contract execLited not apply to a covered 'auto" oof the private prior to any accident' because of payments we assenat,r type or a make for r!amages under this co.eragc four. P -erricie with, a gross ve- Ali terms and conditions of this policy apply unless r-nodifEed by this endorsement. AC C : 01A 0s 08 InC41des cr fpvric t feel nater;ai of lrsi ranee Serv ces CfYice, wc Page 3 of ; vvit[H its pE r`n:ss IM A1CF BAGV75-0-477qc2041i t.K-EVY 10333 ':i''SURED CODY O.CY~`,G1~a3o B(?? 0„01 75 L35C76i COMMERCIAL AUTO AC 01 02WA 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. E USI'llN] E!13S U70 !i_, TEN, S ~0 EFiViENFT- ttr1fT0 r )li5 endorsement modifies insuranc=e prcvidPd unae` the follov -ing BUS NFSS AUTO CCJVEPAGE FORI~/l M To F' CARRIER C0VFRACE ;--;ARM A. CHANGES FOR TRAILERS AND FARM C. BLANKET ADDITIONAL INSURED EQUIPMENT Any per-on or organization which, you have _ Under the COVERED AUTOS Section. agreed to name as an additional insured in vhc follov,ing are added to Paragraph C Written contract. executed prior to an acci- Certain Trailers, ;Moblie F ;uipment and dent, ether than an a contract for the lease or Temporarv Substitute Autos, rental of a vehicle is an "insured" for Liability 4 Trailers" deserved to be toned by, " Coverage. but only to the extent that person private passenger type ut0' or a or organization ifies as an "insured" pickup, pl';nel truck or van if not usea lwcer the vvho Is An in wed Provision con for business pulposrs other than twined in tike LIABIi lTY COVERAGE far;,;irlg or ranching. SECTION of the Coverage Form Farm v,;aan. ; or farm, !mplemerlts D. REPLACED EXCLUSIONS W.1 i e U(.'!Ig tov-!ed by ~i covered • u- !he-, Ex, jectec or intended injury Exclusion to` r; tine i_ A,BIDJY COVERAGE SEC'I-ION is B. CHANGES FOR ADDITIONAL NEWLY repiacc ci lati/ file follo,Virrb, ACQUIRED VEHICLES Expected or Intended injury 2. Paragraph B.2 of the COVERED AUTOS "Bodily injury' or "property damage'whici; is SECTION is replaced by t,'~,e following- expected or intendec by th-e "i,scrred". Th s 2. ;f ' nn,ol(s) Tor 67 is entered next to ex.~lc;sion app;ies ever if the resulting hod!- a coverage in Item Two of the Decla iy in;r?r;y° or 'property damage r~;,tians an "auto" you acquire; be a Is of et dJferent kirk, quality or degree: covered ",jito • fee thai coverage th.,m inlt.ailV expected or intended, co crily ifs b is sustained by a different perso,,, entity, a b"~~e already cover at 'cast one rea? property. or personal property thar "auto y~)Li ckvr or that coverage th"it initially expected or knterded. cr it reo;aces Eli; ycu pre- E. ADDITIONAL EXCLUSIONS Prot;sty C~'v'rrlt?;i ti: t i' ~~;d tI!ciE Cc;`.:' ano Tf?e follov,.-ing exclusion-,,s are added to tie h You teil LIS ~,'.ithm 310 d vs ati;. LIABILITY COVERAGE SECTiQN ',✓ou ~ cq: jire it that y OLI VV,,i I CIS tO Damage to Named Insured's Property co vE'1 ii fUr t`ltit C04~~'raC7e. Ary „lait-i or. 'suit" for 'property cari'age° by }iL rl tike'i or -r, yot:r be cif gainst ar,!y .,.ii •~Je ~.~r l.I Pa, ~f ;••r 1'I-!y59~~i1 :J.:1'?l- ~ UtflC'" Pl- 41C)C t_QVCragC fG:' l:rlde'" tills i L` si r;' ~=1 entity .riot ;5 -ilse a, i~1=.fnBCi l;"SUr~ C erage F tens Cr l_it.r., U`1Ge,' nI l y/ subject to the-? Iat ciest cc-cftict'bI e cipDlica Abuse or Molestation biri'c r-„y for that Cc'vera . AC 01 02WA 03 10 c u; C.. LI:`- ; F H . 'C.- ('"r- ; , ; , Page 1 of 4 ACP BAPD75.2-4779R01 LBXVV 12271 INSURED COPY AC3102031ODD 080; 75 L0323o9 AC 01 02VVA 03 10 , Budi!y injury : "r rr~perty _ arr!aiye' a 15- b. Resulting from food or drink furnished ing out Of vath these services. a. Tne actual or tr tuatened abuse or "Bodily Injury" or"propoity damage' resu't- rt~aler by ar yonp or ai y person ing from the handling of corpses. M-Jle in the care ci. stody cr control F. I'VIOTOR HOME CONTENTS COVERAGE of any 4sui- or hit . Jr :"a coveted <'~Jtt7 tr1, IS a rrlOtOr home 'lie I,Eglictel-,, the foi:o~,'inr~ exclusions are addcd to 7.1 e LI,ioI:oyri1et-• PiIYS!CA`. DA1,1AGL COVERAGE 2 !nveshg4atior . S E C " 0 N : ;j Motor Home Contents ~it,pi^tVi.SlUtl; Reporting to ?gip proper autliori 41 inm rance does not apply W ties, or- failt,re to so report, cr a 'Lcss' to tic ccw,crcd "auto s" ccnterits, except equiprneia usu111 tu bucks ur psi 5) HetenVori, vat(. passe-,,ger a; _itos c f !1E rSUii t_Jr ~ hOn any 'InSJred° i5 b i oss' to TV «I,tennas, ,,7wr, nc;s or ca- or ever was legally responsible and whose conduct v,,rould be excluded by banas_ Paragraph a. above c Lass" to equipsient designed to create Abuse means a r act v, hick is committed added living facilities. -.tfith the ill-tei,.t to cai..se hared. Ho: lever, these exclusions do not apply if Pflisc{e'icaneous Personal Property Coverage Explosives is provided by cndorsemer;t to t`1is policy. "Bodily rn}ury- o,. "properly damage" G ACCIDENTAL AIRBAG DISCHARGE caused by the explosion of explosives COVERAGE you w.aKe, sell :)r transpn-t J-der Paragraph H 3.a of the PHYSIC AL Rolling Stores DAf~r.'lGE COVERAGE SECTION', the folio!-<<iny If c;o'r~~ red auto is a roiiincf store, is added By rQurv" or "prul erty J~irnage- resulting Mecha mcal breakdown does r?ot include t~ie ac- froM the ha,idlfnc,, use: o, condition of any cidental d!scharge of ai- airbag itpryi the "insured 17"-I KCS. `a( ik ar dlStCl Wes if tie injury or damage occurs after H. PHYSICAL DAMAGE LIMIT OF INSURANCE Vie Ansurea" h^s givenj ,p pnssess furl of Under iMYSICAL DANMACF COVERAGE trie Item. SECTION, Paragraph C. Limit of Insurance is Wrong Delivery of Liquid Products replaced by the fe 'revving: Bodily niury' cr "property winiage" re- C i_imit Of insurance suit ng trc.r-, tl-,E delivery of any liquid into 1 e most wc- -v, fo, IJt~Siii ;=3r!y the vnong receptacle or to V,e wrong ad- one "accident" is th!e esser of, dress. cr from Vie dp.!ivery of one ligjid The actu~a:: cash va'ue Of tla~ ~;;1 for -incther, if the "bodily injury' or "prop- aged or stoier; property a:; of the My damage' occurs after the delivery time of Hie ' loss", u° ,,as been .,urrif,, eeod b. The cost of repalmig ar replacing De hve is :;nn sidprY-d corrl,r,Ieted e~` it a y tf~e da=~ageG or st IerE prooery furtl,r'v f;er.,ice cr -uaintcna!ice ,vork, or r 2 ~7.000 .s the most vie a"tii' pay fcnr '~c,ss' cnnection, repair or repiacenn-a is I1 any OrIF' *cauCldel't t0 all ~=ICCt!"OniC cubed because of v1"on' convoy. F'qulpMe^1t that reF%mGIIGES. .'GC21VUs Or Professional Services "Bodily i,jary Resulting frofr i providing ci the er n..c%fes3ioria. cr F~ Page 2 of 4 njj , r , , r. ~aw- vvrr I- «,C', AC 01 02WA 03 10 ACP IBAPD75 2-177990'+ LBXVr 12271 taSJRED COPY ACO10200000 0001 i5 0032910 AC 01 02WA 03 10 Latisn-its audio, visual u; data signals I. GLASS REPAIR -WAIVER OF DEDUCTIBLE vvhicll at tit- time of "loss", is: U!idc- Paiagrap,1, ; D- Deductible of the n. Permanentiy instal~ed ire oa upor; 'HYSiGltL DA1~ACl` COl1ERAGc SECriON, the cnverec 'auto' ii1 a !-;orssing, tl-..e fof.ovti,inc. is added: openinea or other location that is No deductible applies to /,lass damage if th ✓ not normally used by the "auto glass repaired rather than replaced. rlaan.,fact_irc i for the installaticr) J. AMENDED DUTIES IN EVENT OF ACCIDENT, of SUCI e ~uipment. CLAIM, SUIT; OR LOSS L, Rer;!cv !,€e from a peirl,xiotit Iv he reamrer)lentin toss Condition 2.a Duties i!; ast=riieu hcusir<g ;nit as cc, he Even' Of Accicent, Claim, Su ,t Or Los:: - cf sc.,ibe-d 41 Pa.-agranh 2 a above t? c BO'v:NES~ AUTO) CONDITIONS SECT O'N or is an nltegrai part of that anG ' 1. I tie MC~10F CAS:3RlE CONDITIONS equipment, or SECTION that you must notify us of an 'acct c Air ntegr part of s,,cla equip 4Jerit'. "clairrl". 'suit', or "loss" applies only usher- rn1-1n t th!4 'accident". 'claim', 'suit", or -css' is known 3 Ai- adjr}str-cent for depreciation and tc) p'taysica; condition v,,ill he made in de- 1 You, if you are in individual terry nine actijai crash valtae in the , A partner, if you are a partnership, event of total "loss" 3. An executive officer or the employee desig- 4. The cost of repairing or replacing nated by you to give such notice if yo j are a may- corporation or a Be based on an Qstimate which 4 q rlaerTiber, if you are a limited iia:aility co.n1- includes parts furnished by tie pa'1}' original equipment mar)ufacttlre; or other source-5 including non- K. UNINTENTIONAL FAILURE TO DISCLOSE original cquiprlent manufactdr HAZARDS , I c:-s and T i e BiSiNLSS AUTO CO NDITIONS ScC_7lO'J L lnclude a dec!LsitrCn for better- and MC lOR CARpiIcR CONDITIONS SE` [I-lent fcr n pert cr parts that are he ,C~N~B.2. are c mender t?y t'ta_ addition of rIOUnally Slibfc rt to 1'epair or re- the f0?iCl,'d1119 tllacert??rlt dUrir' J fi':.E ~i cf,i; ilf ' if vot lI'1tE rltl0rlcilly fail to disc'iose anv Iiazaf of the "auto' such as, but not r- existing, at the inception date of your policy, v~~e waited to ties said batteries will not deny covar~3Le udder this Coverage Betterrr.er-;t rnearls the difference Lora because of such failure. However, this betvveeri the actual cash value of pr(-ViS!on does not affect our right to ccilect addi- ~z p;: r' irr;r~ediateiy `.efnre tl~e ti.~!1a1 premium or exercise otir right of canr:ella- "icss" Tina th oost to replace tion --r nonrer!e,r it that loart with a nevi part. L. AUTOS HIRED OR RENTED BY EMPLOYEFS If vve cffer tc pay the actual cash va!- f hired or rented "autos are covered "autos" o,- ue of the day^aged or stolen proper- t',is; p llicy, file fol!ovring provisions apply, ty. t',re v.. ill value auto advertising A_ Changes In Liability Coverage Wraps, paint, custornizatlor;, and sir7)r { n~~' l tar b'.~s~ness r"e_lated ~ dv( 01S)ingi Mod- The .c o,Ninc is added to the r o Is An sure~a Provision in t`-;e LIABILITY i`iC'°<;()r;, !n ~zuc.itron tL> t11e acua~;C;V L -,t-! E. SE CT1'~'N CriS,l J lUE 04 thf-i pry)Perty ku`o ad- vc-1i9"rl l paint castor-?i7a ion, i;'1 "4~r! h 0 Y c c i II'SUred' M yours is an ;l ` e a')Q sirnilar bLjs,n 'sS reiatpd aajvertls_ oinefat:rig %'I .UtU" "Aired o rer!ted under ing rnodificatiorIis k ;Il be valued at the t O.'? -1 t r,r agreerneil iri that 2rr1p10}~E ~ cost to replace thrrl with ar . djust- r1 ent '-,,-lade for , ?p;rcc`atior a:na o`)yscai r.;c!~ditlc,•-AC 01 02WA 03 10 _,c;,_ Page 3 of ACP BAPWf; -2-4779°01 LSXW 12271 INSURED COPY AC0102031000 0001 75 0032911 AC 01 02VVA 03 10 riame, with, your perrnissiofr, while per- M. EMIERGENCY LOCKOUT- PRIVATE forming duties related to the cot-duct of PASSENGER VEHICLES your business Vv'e ~~~,W reimburse you up to $50 for reasonable n{'= rigr?4 li; rie'"< Cor'Clticrs expense in Urren for il-,e serV Cf?s of a locksn-Wi Paragraph 54b. of the Other Insurance to, gain entry irto yoL.r covered "auto of t!'e pr;- Condition and Paragraph 51 of the vate passenger type subject to these provisiers" Other Insurance Ccriditiori in Vie Motor Ym-Ir door key cr key entry pad rias been Carder Coverage Fo;m is repUced by the lost, stolen or locked i7 your covered -auto' follcwing a,d you are unable to enter SUCn "auto" or Ci. f-lied' AI iG Ftiysica ~~lr`tia (over- C Your key or key entry pad nas been ost or age the !OiIQV'irtl arc CiFf'r'ie to t3 COV stolen :arid y'oG have chouiged Hie loci tC ailed uEltos yuj ova l3rf Ve.'?i d'.l liC'c?Uth^.~r)ZCG envy, a3C7 1 Ary covered "auto` yo:., ease. dire. 3 Cyr g r,4~1 copies of receipts for service 5 of rent or bona , anti locksw1h roust be prnvided before reim b:irserrent is payable. Any cowered "auto" hired or rented by your "employee" under a contract r- N. LIBERALIZATION thf-t irldiVidU ai 'en;ployee's" name, Paragraph U of the Other Insurance Condition it vAT your per mis sicn, while perforri - the Bi.;siness AL:tc Guvusrage Form is replaced by ino duties reNded to the conduct of the following if we adopt any revision that would your business broaden the coverage ur-.der this policy without additional premium within 60 days prior to or dur- i-EHnc;•~~,ied eve or r. borrowed vvitr, that ? a s driver ilensed,s not red n . Ing the policy period, be broadened coverage Q! .,cr,✓ered "auto". irrlmediateiy apply to this policy . All terms and conditions of this policy apply unless modified by this endorsement- c Page 4 of AC 01 02WA 03 10 ACP BAPD75-2.4779901 Laxtiv 12271 INISURED COPY AC0102031000 00011 75 0032912 ENDORS17 IENTi NO. 11 This endorsement, effective 12:01 AM, wovenih.-r 23, 2011 Forms a part of Policy No: EG 13579318 Issued to: CANYON INDUSTRIES, INC. DBA CANYON HYDRO By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRAi1SSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND POLLlf7'ION LEGAL LIABILITY COVERAGE FORM It is hereby agreed as follows: SECTION IV - CONDITIONS, Paragraph 7. Transfer of Rights of Recovery Against Others to Us Applicable to Coverages A, B, C and E is amended by the add:'tion of the fo!ioWr.g at the end of such subparagraph: We waive any right of recovery ws rr.ay have against the person or crganization shows in the Schedule below because of payments vx makc under Coverage A, B, C and for in ury or damage z,rising 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 vetiver applies only to tfie person or organization shown in the Schedule belovv. SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY WRfIJFN CONTRACT All other terms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE or counterslgnature tin states vAere applicable) 94283 (3107) PAGE 1 OF 1 C13021 ENDORSEMENT NO. 5 This endorsement, eff,ecilve 12:01 AM, November 23, 2011 Forrtis a Pat' of Policy NO: EG 13578318 Issued to. CA-14YON INDUSTRIES, INC. DBA CANYON HYDRO E,r: CHARTIS SPECIALY INSURANCE CDMPANY YH,IS Efir'.DORSEMLI 1 CIXMOGES THE POL IC". PLEASE REAL IT CARE FUL_Y. ;-OD1110NA~ NSURE-F) u'EWD RS_Eik_1dORSEhhEtVT_PRHOARYAND K0't!-C0f!V1TRIl3UTORY his endorsement modifies insurance provided tinder the folloWng: COMMERCIAL GENERAL LIASILI T Y AND POLLUTION L. GAL LIABILITY COVERAGE FOR(4 SCHEDULE wsme of Person(s) or Organization(s) (Vendor BI.ANKE7 WHERE REQUIRED BY WRITTEN CONTRACT Your Products: AL:. PRODUCTS OF THE NAMED INSURED Solely as respects Coverages A, E- 1, E-2 and F-3, if applicable, SECTION Ii - WHO IS AN INSURED is amended to include as an insured any person(s) or organizat;onfs) (referrod to herein as the "vendor") shown in the Schedule above, but only vvth respect to bodily Injury, property damage, env(ronmentel damegs, or emergency response costs arising out of your products shoe in the Schedule above vAich are distributed or sold in the regular course of the vendor's business, subject to all of the terrns and conditions of 0-is Policy and the additional foliovring exclusions, terms and conditions: The insurance afforded the vendor does not apply to: a. Bodily Injury, proper;,, damage, envirenrniantai damage, or smgrgen-cy response costs for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to Iiabi ity for damages that the vendor MUld have in the absence of the contract or agreement; b. Any express vrarranty unauthorized by you; c. Art physical or chemical c"ange in your product made ir.tentorraliy by tfie vendor; c. Repackaging, except ~e~1er, unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and titen repari:aged in tie origina; container, ';03388 ;10/39) PAGE " OF 2 C I44Ci' EINDORSEW6ENAT h!O. 5 (Continued) e. Any failure to mane such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally under-takes to make in the usua! courso of business, 'n connection vvth the distribution or sale of your product; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection wits the sale of your product; g. Your product which, after distribution or sale by you, has been labeled or relabeled, or used as a container, pa-t or ingredient of any ottrer thing or substance, by or for t ,,e vendor; or h. Bodily injury, property damage, env,ronmental csmage or errtsrgency response costs arising OL1t of the sole negligence of the vendor for its ovl acts or omissions or tiwse of its employees or anyone else acting on its behalf. Novmver, this exclL.sion does not apply to: (1) The exceptions contained in Sub-paragraphs d. or f. above; or Ill Such inspections, adjustrrients, tests or servicing es The vendor has agreed to make or normally undertakes to make in t+ie usual course of business, in connection Wth tfie distribution or sale of your product. 2. This insurance dries not apply to ary products you have acquired from a vardor, or any ingredient, part or containe±, entering into, accompanying or containing such products. r. Solely vVth respect to the coverage afforded to the vender pursuant to this Endorsement, SECTION iV- CONDITIONS, paragraph 4. Other Insurance is deleted in its entirety and replaced With the following: 4. Other Insurance This insurance is primary and non-contributory, and our obligations are not affected by any other Insurance carrled by such vendor Mether primary, excoss, contingent, or on any other basis AN other terms, conditions and' exclusions shall remain the same. All AUTHORIZED REPRESENTAT11W or countersignature (in states where app'icable) 103389 { 10/09) P AG E 2 OF 2 Cl"01 ~I:!~,~RvEi~nErtT Rio. s This endorsement, effective 12:01 AR/i, Nover,ber 23, 20' Forms a par`) of Policy Nc: EG 13579318 Issued to: CANYON INDUSTRIES; INC. DBA CANYON HYDRO By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CI- NLGFS t*f-€F ?O'[JC%', PLEASE READ iT CAREFULL,Y. COVERAGES A B C AND E ADDITIONAL INSURED - MANAGER OR LESSOR OF PREMISES E€ IIDOIgSEIVIFF~ T This endarsement modifies insurance provided under the folloWng: COMMERCIAL GENERAL LIABILITY AND PC3L~-UTION LEGAL LIABILITY COVERAGE FORith SCHEDULE Designation of Premises (Part Leased to You): BLANKET WHERE REQUIRED RY'A9tITTF1\1 CIONTRACT 2. vame of Manager or Lessor: 131.ANKET WHERE REQUIRED BY ltirr'~t- iTTEN CONTRACT Solely as respects Coverages A, 13, C and F, SECTIO€t° tI - WHO IS AN IWSURErD is amended to Include ss an insured the person cr organization shows in the Schedule above but only respect to liability arising out of the o/mership, maintenance or use of that part of the premises leased to you and shovti-n in the Schedule above and subject to the folloving additional exclusions: 1 his insurance does not apply to, 1. Any occurrence v%hich takes place after you cease to he a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor shown in the Schedule above. All other term, conditions and exciusicr,s shall remain the same. VL' AUTHORIZED REPRESENT TI o• countersignature (in states Wiere applicable) 95165 (7107) PAGE 1 OF C13112_9 FODORSEfailENT i!O, i This endorsement, effective 12:01 Mini, November 23, 2011 Forms a part of Policy No.: EG 13679318 Issued tc., CANYON INDUSTRIES, INC, DBA CANYON HYDRO By: CHARTIS SPECIALTY INSURANCE COMPANY THIS ENDORSE fdIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGES. A. BAND E ADDITIONAL INSURED - DESIGNATED PERSON(S) OR ORGANIZATION(S) EN_DQRSEMFA ` This endorsement modifes insurance provided under the follovAsng: COMiMERCIAL GENERAL LIABILITY AND FOLLUTIOM LEGAL LIABILITY COVERAGE FOR176 Solely as respects Coverages A, B and E, SECTION' II -WHO IS AN INSURED is amended to include as an insured tfie person(s) or organization(s) shown in the Schedule below, but only wit) respect to bodily injury, property, damage, personal srtd advertising injury, environmental damage or emergency responso costs caused in Moie or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your work; or B, In connection Wth your premises owned by or rented to you. SCHEDULE Nama of Additional Insured Person(s) or Organization(s): BLANKET MHERL REQUIRED BY WRITTEN CONTRACT Al other terms, conditions, and exclusions shall rernsin the same. AUTHORIZED REPRESENTATIVE or countersicna ire (in states Mere applicable), 303366 (9;`1) PAGE !OF i r'!6034 Page 1 / 1 CITY OF . ASHLAND DATE PO NUMBER 20 E MAIN F. 12/7/2015 13273 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 019932 SHIP TO: Ashland Electric Department CANYON HYDRO, CANYON INDUSTRIES INC DB/ (541) 488-5354 5500 BLUE HERON LANE 90 N MOUNTAIN DEMING, WA 98244 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Thomas McBartlett III Special Inst: Confirming? No Quanti Unit Description Unit Price Ext. Price Repairs and refurbishments at the 115,000.00 Reeder Hydro, Bid $92,704.80, Not to exceed $115,000.00 Contract for Reeder Gulch Hydroelectric Proiect Beginning date: November 17, 2015 Completion date: April 29, 2015 SUBTOTAL 115 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 115,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 690.11.18.00.70410 E 000466.999 115 000.00 Authnrized Sianature VENDOR COPY FORM#3 CITY OF ASHLAND REQUISITION Date of request: 12/4/15 Required date for delivery: Vendor Name CADynn Inriiictriac Address, City, State, Zip 5500 Rhie Nernn I ane nprnlnq WA 98244 Contact Name & Telephone Number Brett Bauer 360.592.5952 Fax Number 360 592 35 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement X❑ Request for Proposal (Copies on file) Cooperative Procurement Less than $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award 10/20/15 Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Repairs and refurbishments at Reeder Hydro. Bid of $92,704.80. Not to exceed $115,000 $115,000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $115,000 Project Number 466.999 Account Number 690.11.18.00.704100 Account Number _ _ _ _ _ • _ _ • Account Number _ _ _ - *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: lT Director Date Support -Yes /No By signing this requisition form, / certify that the City's public contracting requirements have been satisfied. ®'~~2 sue- Employee: Department Head t ;(Equal to -dr greater than $5,000) Department Manager/Supervisor: r " City Administrator: - (Equal to or greater than $25,000) dr r _ Funds appropriated for current fiscal year YES' / NO iZ !S Finance Director- (Equal to or greater than $5,000) Date Comments: Michael Ainsworth From: Mark Holden Sent: Tuesday, December 01, 2015 4:41 PM To: Dave Kanner; Lee Tuneberg Cc: Mary McClary; Michael Ainsworth; Dan Hendrix; Thomas McBartlett III Subject: Mark Holden Out of the Office 12/02/2015 thru 12/13/2015 - Transfer of signature authority I will be out of the office beginning Wednesday, December 2 thru Sunday, December 13, returning to the office on Monday, December 14, 2015. While out of town I am transferring my signature authority to Michael Ainsworth. Regards, Mark Holden, Director of Electric Utility and IT City of Ashland Email: holdenm@ashland.or.us Phone: 541.552.2314 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2314. Thank you. 1 CITY OF ASHLAND Council Communication October 20, 2015, Business Meeting Approval of a public contract exceeding $100,000 for repairs at Reeder Hydro FROM Mark Holden, Electric & IT Director, mark.holdeiira%ashland.or.us SUMMARY The City's intent is to award a contract for repairs, refurbishment and upgrades to the Reeder Gulch hydro electric generator. BACKGROUND AND POLICY IMPLICATIONS In December 2014, a trace amount of oil was found in the hydro plant effluent. Upon analysis the oil was determined to be coming from the hydro plant control valves. The hydro plant was taken off-line while solutions were developed. The recommended contract implements the solution. The sourcing method used to acquire these services is a formal Competitive Sealed Proposal (Request for Proposal). The City received 5 proposals from 4 proposers in response to this RFP. The proposals were evaluated and scored by a three person evaluation committee in accordance with the requirements and evaluation criteria established in the RFP. Upon completion of the evaluation process, Canyon Industries, Inc. was declared the highest ranked proposer. The evaluation summary is attached for your review. Section 2.50.080 Formal Processes - Competitive Sealed Bidding and Proposals Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and the Oregon Public Contracting Code: C. The Local Contract Review Board shall approve the award of all contracts for which the Ashland Municipal Code or the Oregon Public Contracting Code require formal competitive solicitations or formal competitive bids. Section 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; COUNCIL GOALS SUPPORTED N/A Page 1 of 2 ME CITY OF ASHLAND FISCAL IMPLICATIONS The contract is a maximum of one-hundred fifteen thousand dollars ($115,000). The cost is included in the current approved Electric Department budget. STAFF RECOMMENDATION AND REQUESTED ACTION Staff recommends the contract for repairs to Reeder Gulch hydroelectric generator be awarded to the highest ranked proposer, Canyon Industries Inc. SUGGESTED MOTION I move approval of a contract between Canyon Industries Inc. and the City of Ashland for repairs, refurbishment and upgrades to the Reeder Gulch hydro electric generator in the amount not to exceed one-hundred fifteen thousand dollars ($115,000). ATTACHMENTS Reeder Gulch Hydroelectric Project RFP evaluation summary. Page 2 of 2