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