Loading...
HomeMy WebLinkAbout2000-073 Contract - Applied Power EXHIBIT 'D' CITY OF ASHLAND CONTRACT FOR THE DESIGN AND CONSTRUCTION OF FOUR (4) ROOF MOUNTED, GRID CONNECTED PHOTOVOLTAIC SYSTEMS Contract made on the date specified below in Recital A between the City and Contractor as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: (541) 552 2061 FAX: (541) 488-5311 Contractor: Applied Power Corporation 1210 Homann Dr. S.E. Lacey, Washinton 98503 Telephone:360 438 2110 FAX:360 438 2115 Date of this agreement: 4/20/2000 ¶B. Date of RFP: Proposal date: 4/11/2000 ¶ 4. Beginning date: 4/20/2000 Ending date: 7/15/2000 ¶ 5. Amount of performance bond: $289,112 ¶ 6.1. Contractor's representative: Micheal Daugherty ¶ 7. City's Contracting officer: Dick Wanderscheid ¶ 9. Contract amount: $ 289,112 B. City issued a request for proposals (RFP), on the date specified in Recital A above, for the design and construction of the of the Solar Pioneer Generating System. Contractor submitted a proposal in response to the RFP on the date specified in Recital A above. C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected Contractor to provide the services and construction covered by the RFP. City and Contractor agree as follows: 1. Contract Documents: This contract is made as a result of a Request for Proposals (RFP) issued by City on the date specified in Recital A. In the event of any inconsistencies in the terms of this contract, the RFP including its attachments, and the proposal, this contract shall take precedence over the RFP which shall take precedence over the proposal. PAGE 1-CONTRACT FOR SOLAR PROJECT 2. Scope of Services: 2.1. Contractor shall perform the services described in the RFP when requested to do so by City. The term "services" as used in this contract shall include all work that is performed in designing and constructing and warranty compliance and all reports, documents and other tangible items that are produced by Contractor for City pursuant to this contract. 2.2. Upon the request of the Contracting Officer, Contractor shall provide monthly progress reports on services performed for City. The report shall be delivered to the Contracting Officer not later than ten days after the close of each calendar month in which services are provided. 3. Quality of Service: 3.1. Contractor shall perform its services as an independent contractor in accordance with generally accepted standards in Contractor's profession or trade. Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all services performed by Contractor under this contract. Contractor shall, without additional compensation, correct or revise any error or deficiencies that are the result of Contractor's negligence. City's review, approval, acceptance of, or payment for, any of the services covered by this contract shall not be construed to operate as waiver of any rights under this contract or of any cause of action arising out of the performance of this contract. Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor's negligent performance of services. 3.2. Contractor shall perform the services as expeditiously as is consistent with professional skill and care. Upon request of City, the Contractor shall submit for the City's approval, a schedule for the performance of Contractor's services. The schedule shall include allowance for periods of time required for City's review and approval of the Contractor's services. The schedule approved by City shall become a part of this contract. 4. Term: The initial term of this contract shall begin and end on the dates specified in Recital A, unless sooner terminated as provided in this agreement. 5. Bond: Contractor shall, within five days after execution of the contract and prior to doing any construction under the contract, furnish bond to the City of Ashland in a form and with a surety satisfactory to City in the penal sum specified in Recital A, conditioned upon the faithful performance of this contract upon the part of the Contractor. 6. Assiqnment of Contractor's Personnel: 6.1. The services covered by this contract shall be rendered by, or under the supervision of the person named in Recital A, who shall act as Contractor's representative in all communications and transactions with City. PAGE 2-CONTRACT FOR SOLAR PROJECT> 6.2. Contractor will endeavor to honor reasonable specific requests of City with regard to assignment of Contractor's employees to perform services covered by this contract if the requests are consistent with sound business and professional practices. 7. Authority of Contractincl Officer: The Contracting Officer for this contract is named in Recital A. The Contracting Officer shall have the authority to act on behalf of City in the administration and interpretation of this contract. 8. Responsibilities of City: City will provide information, documents, materials and services that are within the possession or control of City and are required by Contractor for performance of the services. City shall cooperate fully with Contractor to achieve the objectives of this contract. 9. Payment: City shall pay Contractor for services performed by Contractor the sum stated in Recital A. Contractor shall submit invoices to City for Contractor's services upon completion of the project. City shall pay Contractor within 20 days after receipt and approval of the invoice and determination of substantial completion of the systems installations. 9.1. All payments during the construction phase of the project will be made at the times and in the manner provided in the contract documents. 10. Prevailinq Wacle Rates: The Contractor shall pay a fee equal to one-tenth of one percent of the construction portion price of this contract. The fee shall be paid on or before the first progress payment made for the construction portion or 60 days from the date work first begins on the construction portion, whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor and Industries Wage and Hour Division Prevailing Wage Unit 800 N.E. Oregon Street # 32 PORTLAND OR 97232 The Contractor shall fully comply with the provisions of ORS 279.348 through 279.365 pertaining to prevailing wage rates. 11. Compliance with Law: The provisions of this contract shall be construed in accordance with the laws of the State of Oregon. Contractor agrees that while providing services covered by this contract, Contractor will comply with all applicable state, federal and local laws, rules, regulations and ordinances including, but not limited to, the laws and rules cited in this paragraph. Any provision of this contract in conflict with applicable laws, rules, regulations or ordinances is void. 12. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. PAGE 3-CONTRACT FOR SOLAR PROJECT> 13. Records: Contractor shall keep proper books of account and other records pertaining to the services Contractor provides to City. The books and records shall be made available at a location reasonably accessible to City, who may inspect all such books and records, at reasonable times, to verify Contractor's compliance with this contract. City shall have the right to request an annual audit of Contractor's books and records by a certified public accountant chosen by City to determine Contractor's compliance with the terms of this contract. The cost of the audit shall be borne by City. 14. Default: A default shall occur under any of the following circumstances: 14.1. If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workers or equipment or with sufficient materials to insure the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work. 14.2. If the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a period of 48 hours, or shall make an assignment for the benefit of creditors. 14.3. If either party fails to perform any act or obligation required of that party by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the thirfy day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 14.4. Notwithstanding subparagraphs 14.1 through 14.3, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this agreement. 15. Remedies: If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 15.1. In addition to the rights and remedies to which the City may be entitled by law for the enforcement of its rights under this contract, City shall have full power and authority, without violating this contract, to take the prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may cause a contract for the completion of this contract according to its terms and provisions, or use such methods as required for the completion of the contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the contact, shall be deducted from any money due or which shall become due the Contractor. In case the expense so incurred by the City shall be less than the sum PAGE 4-CONTRACT FOR SOLAR PROJECTi which would have been payable under the contract if it had been completed by the Contractor, then the Contractor shall be entitled to receive the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have been payable under the contract, the Contractor and the surety shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. 15.2. Any litigation arising out of this contract shall be conducted in Circuit Court or District Court of the State of Oregon for Jackson County. 16. Termination without Cause: 16.1. In addition to the right to terminate this contract under paragraph 15, City shall have the right to terminate giving Contractor written notice sixty days }riot to the termination date. 16.2. In the event that City requests termination of services under thi subparagraph, Contractor reserves the right to complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation, to complete a report on the work performed to date of termination. 16.3. If this contract is terminated under this subparagraph, Contractor shall be paid for all fees earned and costs incurred prior to the termination date. Contractor shall not be entitled to compensated for lost profits. 17. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. Notices to City shall be addressed as indicated in Recital A and notices to Contractor shall be addressed as indicated in Recital A. 18. Assiqnment: City and Contractor and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party to this contract and to the partners, successors, administrators, assigns and legal representatives of such other party. Contractor shall not assign or subcontract Contractors rights or obligations under this contract without prior written consent of City. Except as stated in this subparagraph, nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Contractor. 19. City Benefits: This contract is not intended to entitle the principals or employees of Contractor to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this contract are vacation, holiday and sick leave, other leaves with pay, tenure, medical and dental coverage, life and disability insurance, overtime, social security, workers' compensation, unemployment compensation, or retirement benefits (except insofar as PAGE 5-CONTRACT FOR SOLAR PROJECT/ benefits are otherwise required by law if the Contractor is presently a member of the Public Employees Retirement System). 20. Severability: If any provision of this contract shall be held to be invalid or illegal, such invalidity or illegality shall not affect any other provisions of this contract, and this contract shall be construed as if such invalid or illegal provision had never been included in the contract. 21. Modification No modification of this contract shall be valid unless in writing and signed by the parties. 22. No Waiver: No term or provision of this contract shall be deemed waived and no breach excused, unless such waiver is written and signed by the party claimed to have made the waiver. Any waiver of a breach shall not constitute a waiver of any other different or subsequent breach. 23. Prior Aqreements: The contract documents constitute the entire, final and complete agreement of the parties pertaining to the services, and supersede and replace all prior and existing written or oral understandings except as otherwise continued in effect by the terms of this contract. Contractor By: ~2~,J_,;J Title: ~,~_ o""- Fed. ID# c/l CITY Title: '~,ZI.: BRyE..~I~ Date: BR~..Vly~..~.S TO FORM Date: Account #: (for City use only) PAGE 6-CONTRACT FOR SOLAR PROJECT> CONTRACTOK (Name and Address): Applied Power Corporation 1210 Homann Dr S.E. Lacey, WA 98503 AIA Document A312 Performance Bond 19S'03296374BCM Conforms with the American Institute of Architects, AiA Document A312. Any singular reference to Contzactor, Surety, Owner or other party shall bc considered plural where applicable. SURETY (Name and Principal Place of Bnsiness): Travelers Casualty & Surety Company of America 7600 East Orchard Rd0 Suite 330 Englewood, CO 80111 OWNER (Name and Address): City of Ashland 20 East Main St. Ashland, OR 97520 CONSTRUCTION CONTRACT Date: April 20 2000 Amount: $289,112.00 Description (Name and Location): Contract of the Design and COnstruction of Four(4) Roof Mounted, Gdd Connected Photovoltaic Systems BOND Date (Not earlier than Constzuction Contract Date): April 21 2000 Amount: $289,112.00 Modifications to this Bond: CONTRACTOR AS PP-J~CIPAL Company: Applied Power Corporation Signature: Name and Title: (Any additional signatures appear on page 2.) [] None [] See Page 2 (Corporate Seal) Company: Travelers Casualty ..&" rporatc Seal) Company of : ~-'- ylFt (FOR E~IFORMATION ONLY - Name, Address and OWNER'S REPRESE~ATIVE (ArJtitect, 'Engineer or other Telcplione)AGENTurBROKER: Higgins & RuMedge Ins party): P.O. Box 8567 Boise, Idaho 83707 208-343-7741 I The Contractor and the 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 Consmicfion Contract, the Surety and the Contractor shall have no obligation under this Bond, except to pRrticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Stnty's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not latsr than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. 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 Owners fight, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractors right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Cuntnct in accordance with the terms of the conWact with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Sm~ty shall promptly and at the Surcty's expense take one of the following actions: SURETY 5026 (6-92) S-1852/GEEF2/98 Page 1 of 2 4.1 ~range for the Contractor, with consent of the Owner, to perform ~ and complete the Consnuction Contract; or 4.2 Undertake to perform and complete the Construction Conh'act itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotieted proposals f~om qualified conlractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a cunu'act to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a quailfled surety equivalent to the bonds issued on the Construction Contract, and y to the Owner the amount of Contract Price incurred by the Owner resulting from the Conlracter's default; or 4.4 Waive its fight to perform and complete, arrange for completion, or obtain a new conu'actor 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 arnoont is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in pan and notify the Owner citing reasons therefor. 5 ~ the Surety does not proceed as provided in Pan ph 4 with reasonable prompmess, the Surety shall be deemed to be in ~ed~fa~t on this Bond fifteen days after recai t of an edditionai written notice fi'om the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be enti~ed to enforce any remedy available to the Owner. ff the Surety proceeds as ovided in Subparagraph 4.4, and the Owner refuses the payment tender the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any mnedy available to the Owner. 6 After the Owner has terminated the Contractufs right to complete the Construction Contract, and if the Su~ty elects to act under Sub graph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to ~e~raOv~n~er shall not be g~eter than those of the Contractor under the Consreaction Contract, and the responsibilitias of the Owner to the Surety shall not be of the Balance of the Contract Price to mitigation of costs and damages on the Consmxction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design pmfessinnai and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4~ and 8.3 Liquidated damages, or if no liquidated danusges are specified in the Construction Contract, actual damages caused by delayed performance or non-perfonrmnce of the Contractor. I The Surety shall not be liable to the Owner or others for obligations of the Conmwtor that are unrelated to the Construction Contract, and the Balance of the Conwaet 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 hairs, executors, administrators or successors. ~ The Surety hereby waives notice of any change, including changes of time, to the Construction Coninlet or to related subcontracts, purchase orders and other obligations. g 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 pan of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contraetor ceased working or within two years after the Surety refuses or fails to perform its 1 ob igafions under this Bond, whichever occurs firg. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defen, se in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the consWuetion was to be ermed, any provision in this Bond conflicting with said statutory or ~g~requi~Tnent deleted herefrom and visions conforming to such gaintory or other legal re ulRmant shall ~°deemed incorporated herein. The intent is that this Bo~ shall be construed as a statutory bond and not as a conon law bond. 12 DEFINITIONS 12.1 Balance of the Contraet Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper edjuswnents have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in seffiement of insurance or other claims for damages to which the Cuntractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreernant betwean the Owner and the Conwaetor identified on the signature page, including all Contract Docemants and changes thereto. 12.3 Contractor Default: Failure of the Conu'actor, which has neither ~ remedied nor waived, to perform or otherwise to comply with the terms of the Cons~'uetion Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Conwactor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 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: Signature: Signature: Name andTi~e: Name andTi~e: Address: Address: (Corporate Seal) S-1852/GEEF 2/98 Page 2 of 2 AIA Document A312 19S103296374BC M Payment Bond Conforms with the American Institute 0f Architects, AIA Document A3 12. Any singular reference to Contractor, Surety, Owner or oler party shall be considered plural where applicable. CONTRACTOR [Name and Address): SURETY [Name and Principal Place of Bnsiness): Applied Power Corporation Travelers Casualty &Surety Company of America 1210 Homann Dr. S.E. 7600 East Orchard Rd, Suite 330 Lacay, WA 98503 Englewood, CO 80111 OWNER [Name and Address): City of Ashland 20 East Main St. Ashland, OR 97520 CONSTRUCTION CONTRACT Date: April 20 2000 Amount: $289/112.00 Description [Namc and Location): Contract of the Design and COnstruction of Four(4) Roof Mounted, Grid Connected Photovoltaic Systems BOND Date( Not earlier than Construction Contract Date): April 21 2000 Amount: $289,112 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Applied Power Corporation Signature: Name and Tide: (Any additional signatures appear on page 2.) [] None [] See Page 2 SURETY (Corporate Seal) Company: Travelers Casualty &.~_(Corporate Seal) ZTZ~ of America (FOR INFOR/VIATION ONLY - Name, Addteas and or other Telephone) AGENT or BROKER: Higgins & Rutledge Ins P.O. Box 8567 Boise, Idaho 83707 208-343-7741 I The Contractor end the Story, 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. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.'[ Proweptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contnctor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such clalma, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. party): 3 With respect to Claimants, this obligation shall be null and void if the ConU'actor prompdy makes payment, directly or indirecdy, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.'[ Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) end sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: · '[ Have furnished written notice to the Contractor end sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equlpmant included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and SURETY 5026 (6-92) S-1853/GEEF2/98 Page 1 of 2 .2 · Have either received a rejection in whole or in part fi'om the ; Contractor, or not received within 30 days of furnishing the above notice any communication f~om the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paraffraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for chailenging any amounts that are disputed. 6.2 Pay or arrange for payment of eny undisputed amounts. 7 The Sumy's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be cm:lited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contnct shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Consmlctinn 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 Contnct are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 6 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 payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Consmlction Contract or to related subcontracts, purchase orden and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent judediction in the location in which the work or part of the work is located or after the expiration of one year ~om the date (1) on which the Claimant gave the notice required by Subparagraph 4. 1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or eqdipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) fu'st 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. t2 Notice to the Surety, the Owner or the Contractor shall be mailed or delive~d to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, sh]l be sufficient compliance as of the date received at the address shown ~ the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the consln~ction was to he 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 requiramant shall be deemed iacorpomted herein. The intent is that this Bond shall be conslrued as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly filmish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 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 die performance of the Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Conslraodon Coniract, architectural and engineering services required for performance of the work of the Contractor end the Contractors 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. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 16.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added pax~ins, other ann those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signatu~: Name and Title: Name and Title: Address: Address: (Corporate Seal) S-1853/GEEF 2/98 Page 2 of 2 TllAVELERS CASUAUrY AND SURETY COMPANY OF AMERICA TRAVELgRS CASUALTY AND SU~gTY COMPANY POWER OF A'VFORNEY AND CERTIFICATE OF AUTIIORITY OF A1TORNEY(S)-IN-FACT KNOW ALL PERSONS BY TItE~E PRESgNTS, TIIAT TRAV~ELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND 8UI~TY COMPANY and FARMINGTON CASUALTY COMPANY, corporations dnly orgaaized under lime laws of file Stale of Connecticut~ and Iraring their principal offices in ~e City of Hartford, Conely of Itafiford, Slate of Cmnmeclicnt, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized rimlet the laws of tile State of Illinois, and h0ving its principal omc~ in the City of Naperytile, County of DriPage, Slate of Illinois, (heretastier lime "Companlef') bath made, ~(:onstituted and appointed, and do by ~ese prosehis make, constitute and appoint: Bert Itigglns, Rodhey A. Higgins, Michael Z~ ~English, Gall A. Johnson or Staci L Jayo * * of Boise, ID, ~eir tree and lawrid A(torney(s)-in-Fact. with full power and authority Imeteby motiferred to sign, execnte and acknowledge, at ally place within rime United Stales, or, if ~e following line be filled in, within the area there designated the followlog instnnnenl(s): by his/liner solo signalare and act, aoy nod all boaHis, recognizances, conlracts of indemnity. and oiher writings obligalory in lime nabire of a bold, recognizance, or condiljonal nudeflaking and rely aid all cooscnts jameSdent Ilmerclo and to Idnd the Companies, thereby as fully and to the same extent Is if the same were signed by the duly authorized officers of the Companies, and all the acts of said ARorney(s)-in-Fact, pursuilnt Io the authority herein given, are Itrehy ratified and cmmfirmcd. This appoinlnicol is made nnder and by anffiorily of ~e following Slanding Resolutions of said Companies. whicl: Resolulions are now in fidl force and effect: VO'll..'l ): Tlml the Chairmall. the President. any Vice Chairman, ally Execulive ~Vice President. ally Senior Vice President, ally Vice Presidenl. rely Second Vice President. the Treasurer. any Assistant Treasulw'. Ihe Corporate beeFrilly or any Assistant Secretary may appoint Attomeys-in-t:ect alid Age,Is to act for mid oo behalf of Ihe coalpal~y slid may give such appointee ,uch anthertry as Isis or her cetti~cete of authority may prescribe to sign wilh the Company's lame and seal with the Company's seal bonds. recognizances, conlrects or indemnity. alid oilier writings obligalory in tile natore of a bond. recognizance. or conditional malerisking. alid any of said }fiicers"or the Board of Directors at ally thee may remove any stlch al)lR~iolee alld revoke Ihc power given him or her. VO*I'FA): 'l'lud Ihe Cltaimmn. tim President. any Vice Chaimlml. any Executive Vice President. any Senior Vice President or any Vice Preaidald may delegale all or any pad of the foregoing allthority to nile or marc officers or employees of tills Company. provided Ihat each stlch delegation is in writhiS nod a copy ihercof is filed in the office of the Secretary. VO'fFA): Thai any bond. recognizelice. canlaid of jademolly, or writhiS obligatory in lira nature of a bond, reco;lizance, or candiliooal uadcdaking shidl be valid and billdin[ span the ConqNmy wiles (a) siSned by qe Presideit. any Vice Chainnan. any Executive Vice President, any geetar Vice Presidald or ally Vice Presidesat. ally Sec~ld Vice President, the ~reasurer. any Asciitaut Treamtrer, the Corporate Secretary or ally Assislmll Secrclary alld duly ariesled and sosled with the Comlmny's seal by a Secretary or Assistant Secretary, or (b) duly axecored (under seal. ir required) by one or more Aliamaya-in-Fact and Agal:ts pursuaut to Ihe power iFcscribed in his or her certilicele or Iheir eertificeles of alnhnrity or hy one or marc Cainirony officers pursuant to a written delcgalion oraldhority. ' I'llis Power of Atlorney and Certificale of Authority is s!gned and sealed by facsimile under and by antitartly of lime following Sisriding Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY m.I TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resoh.ion is now in fnll force and effect: VeTEl): That tim signstore of cecil of the following off'leers: President. any Execntive Vice Presidesit. any Satdot Vice Presidnot. ally Vice I'rcsidenl. a,y Assislenl Vice heaidallt, any Secretary, any Assistam 8acretarL and the ~al of the Corallay stay be idfixed by facsimile Io any i~wcr of altonicy nr In any ccrtilicale relali,g thnrelo ,plxfioling Resident Vice PresidenL¶. Resideit Assistant Secretaries ,,rpo.-.~s only of cxecuting nnd allcsti,g IR~ods and taidcrtakings amid other wri~ngs ob gnlory ~ I :e tatore Ibereof. laid atly anon Imwcr of all n icy or certificate bearing such facsimile siFsature or Ih~imilc ~1 slmll ~ valid m~ bindbig u~o the Cmn~y and aoy such ~r so cxcculed and celti~l hy snch facsiofile si;talore and ~csintile scel shall be valid and binding nl~o the Crsu~ny io Ihe ~durc wiffi reset Io any Ixtad or underinking to which it is silhich~. SURETY COMPANY OF ILLINOIS have canseal Illis inslmnl~nt Io bc signed by Iheir Senior Vice President, and Ihcir corporalc seals Io bc hcrclo affixed Ihis 3rd day of Novci.ber, 1999. S*I'ATI'.' OF CONNECTICUT }88. llarlford COUN'I*Y OF I IARTFORI) TRAVI~LERS CASUALTY AND SURETY COMPANY OF AMERICA ~TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY TRAVSLERS CASUALTY AND SURETY COMPANY OF ILLINOIS Senior Vice President O. Ibis 3rd day of November, 1999 before mc petsoonlly came, ~EORGE W. I'IIOMPSON Io mc klmwo. who, being by me doly sworn, did de~ and say: Ihal halshe is Senior Vice Presiden ~of TRAVELERS CASUAL~ AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY :OMPANY, FARMINGTON CASUALTY COMPANY mid T~V~LERS C~UALTY AND SU~TY COMPANY OF ILLINOIS, Ihe ~ralions d~ri~d in and which ex~ul~ ~e n~ in~nn~M; Ilml ~ knows the ~ls of ~id ~mti~ ss; ~at Ihc s~ls ~x~ to Ihe lid i~mment are inch cosmic seals; arid Ihal halshe ex~uled Ihc ~qid inslnnnent on ~half o~ the ~mlions by auffiorily of hiker o~ce under Ihe Standing Resolulioos Iher~f. CERTIFICATE I, lilt n.dersigned. Assislanl Secrelary of TRAVELERS' CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY nard FARMINGTON CASUALTY COMPANY, slock corporalioos of Ihe Slnle of Con.edicoI, aod TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS. stock coqmoralion of dm Slalc of Illillois, DO HEREBY CERTIFY Ihat Ihe foregoing and allached Power of Allofllcy 811d Cerli~cale of Aulhorily reloaios io filll force and has nol been revoked; and fnrffiermorc, Ihal Ihe Slaoding Resololions of Ihe Boards of Direclors, as sol forlh in the Cerli~cal{~ of Anlhority, are oow in Force. Sigs~_.d Rod Sealed al Ihe tlome Oflice of the Company, in Ihe Ci APRIL , 2000. , of Hartford, Slale of Conneclicnl; Doled Illis 21 ST dry of Kori M. Johanson Assistant Secretary, Bond