HomeMy WebLinkAbout2008-016 PO - New Horizons Woodworks
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this ..2..~b- day of November, 2007, between the City of
Ashland, ("City") and New Horizons Woodworks, Inc. "(Contractor").
City and Contractor agree:
1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued
by City for the City Council Dais Remodel. Contractor was awarded the bid as the lowest responsible
bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined
in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract
documents, which shall take precedence over the bid. This contract and attached exhibits constitute
the entire agreement between the parties. No waiver, consent, or modification or change of terms of
this contract shall bind either party unless in writing and signed by both parties. Such waiver, consent,
modification or change, if made, shall be effective only in the specific instance and for the specific
purpose given. There are no understandings, agreements, or representations, oral or written, not
specified herein regarding this contract. Contractor, by signature of its authorized representative,
hereby acknowledges that he/she has read this contract, understands it, and agrees to be bound by its
terms and conditions.
2. Scope: Contractor shall begin and complete the project described in the contract documents
within the time prescribed in the contract documents. The following exceptions, alterations, or
modifications to the contract documents are incorporated into this contract:
3. Price & Payment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution of the
contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a form
and with a surety satisfactory to City in the penal sum of $29..379.00 conditioned upon the faithful
payment and performance of this contract upon the part of the Contractor as required by ORS
279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and ag~nts harmless from any and all losses, claims, actions, costs, expenses, judgments,
subrogations, or other damages resulting from injury to any person (including injury resulting in
death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or
incident to the performance of this contract by Contractor (including but not limited to, Contractor's
employees, agents, and others designated by Contractor to perform work or services attendant to this
contract.) Contractor shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and approximately caused by the
negligence of City.
6. Insurance: Contractor shall, at its own expense, at all times during the term of this
agreement, maintain in force:
6.1 General Liability. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this Contract, blanket contractual liability, products
and completed operations, owner's and contractor's protective insurance and comprehensive
automobile liability including owned and non-owned automobiles. The liability under each policy shall
be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property
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damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property
damage. Liability coverage shall be provided on an "occurrence" not "claims" basis.
6.2 Worker's Compensation. Worker's compensation insurance in compliance with ORS
656.017, which requires subject employers to provide Oregon workers' compensation coverage for all
their subject workers.
6.3 Automobile Liability. Automobile liability insurance with a combined single limit, or
the equivalent, of not less than $500,000 for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
The City of Ashland, its officers, employees and agents shall be named as additional insureds on each
required insurance policy. Contractor shall submit certificates of insurance acceptable to the City with
the signed contract prior to the commencement of any work under this agreement. These certificates
shall contain provision that coverage afforded under the policies can not be canceled and restrictive
modifications cannot be made until at least 30 days prior written notice has been given to City.
Insuring companies or entities are subject to the City's acceptance. Ifrequested, complete copies of
insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be
financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance.
7. ComDliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
regulations, rules and ordinances of federal, state, City and city governments with respect to the
services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and
279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work
under this contract shall be paid at . least time and a half pay for all overtime in excess of 40 hours in
anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010
to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS
656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has workers'
compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer,
Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured employer,
Contractor shall provide City with a certification from the Oregon Department of Insurance and
Finance as evidence of Contractor's status.
7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or
any other or department of the State of Oregon) and the Contractor that arises from or relates to this
contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson
County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall
be brought and conducted solely and exclusively within the United States District Court for the District
of Oregon filed in Jackson County, Oregon. Contractor, by signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this
section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh
Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction.
8. Default: A default shall occur under any of the following circumstances:
8.1Ifthe 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.
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II
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of
bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a
period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.
8.3 From any other cause whatsoever, shall not carry on the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license,
certificate or certification that it required to perform the Seniices or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by law
for the enforcement of its rights under this contract, City shall have full power and authority, without
violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any
or all of the materials and equipment on the ground that may be suitable and acceptable and may cause
a contract for the completion of this contract according to its terms and provisions, or use such
methods as required for the completion of the contract, in any acceptable manner. All costs and
charges incurred by the City together with the costs of completing the work under the contract, shall be
deducted from any money due or which shall become due the Contractor. In case the expense so
incurred by the City shall be less than the sum which would have been payable under the contract if it
had been completed by the Contractor, then the Contractor shall be entitled to received the difference
less any damages for delay to which the City may be entitled. In case such expense shall exceed the
sum which would have been payable under the contract, the Contractor and the surety shall be liable
and agree to and shall pay the City the amount of the excess with damages for delay of performance, if
any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual consent of
both parties.
10.2 City's Convenience. This contract may be terminated at any time by City upon 30
days' notice in writing and delivered by certified mail or in person.
10.3 For Cause. City may terminate or modify this contract, in whole or in part, effective
upon delivery of written notice to Contractor, or at such later date as may be established by City under
any of the following conditions:
a. If City funding from federal, state, county, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of services;
b. If federal or state regulations or guidelines are modified, changed or interpreted
in such a way that the services are no longer allowable or appropriate for purchase under
this contract or are no longer eligible for the funding proposed for payments authorized by
this contract; or
c. If any license or certificate required by law or regulation to be held by Contractor
to provide the services required by this contract for any reason denied, revoked, suspended,
or not renewed.
10.4 For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a breach of
the contract by the other. Prior to such termination the party seeking termination shall give
to the other party written notice of the breach and intent to terminate. 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 notice may authorize or require, then
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the contract may be terminated at any time thereafter by a written notice of termination by
the party giving notice.
b. Time is of the essence for Contractor's performance of each and every obligation
and duty under this contract. City by written notice to Contractor of default or breach, may
at any time terminate the whole or any part of this contract if Contractor fails to provide
services called for by this contract within the time specified.herein or in any extension
thereof.
c. The rights and remedies of City provided in this subsection (10.4) are not
exclusive and are in addition to any other rights and remedies provided by law or under this
contract.
10.5 Obligation/Liability of Parties: Termination or modification of this contract
pursuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any obligations or
liabilities or either party already accrued prior to such termination or modification. However, upon
receiving a notice of termination (regardless whether such notice is given pursuant to subsections 10.1,
10.2, 10.3 and 10.4 of this section, Contractor shall immediately ceased all activities under this
contract, unless expressly directed otherwise by City in notice of termination. Further, upon
termination, Contractor shall deliver to City all contract documents, information, works-in-progress
and other property that are or would be deliverables had the contract been completed. City shall pay
Contractor for work performed prior to the termination date if such work was performed in accordance
with the Contract.
11. Funds Available and Authorized: City'has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget.
Contractor understands and agrees that City's payment of amounts under this contract attributable to
work performed after the last day of the current fiscal year is contingent on City appropriations, or
other expenditure authority sufficient to allow City in the exercise of its reasonable administrative
discretion, to continue to make payments under this contract. In the event City has insufficient
appropriations, limitations or other expenditure authority, City may terminate this contract without
penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
12. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1
percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60
days from the date work first begins on the Contract, whichever comes first. The fee is payable to the
Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following
address:
Bureau of Labor & Industries
Wage & Hour Division Prevailing Wage Unit
800 N.E. Oregon Street #32
Portland OR 97232
The Contractor shall fully comply with the provisions of ORS 279C.800 through 279C.870 pertaining
to prevailing wage rates.
13. Living Wage Rates: If the amount of this contract is $17,342.00 or more, and Contractor is
not paying prevailing wage for the work, Contractor must comply with Chapter 3.12 of the Ashland
Municipal Code by paying a living wage, as defined in this chapter; to all employees performing work
under this contract and to any subcontractor who performs 50% or more of the work under this
contract. Contractor must post the attached Living Wage *- notice predominantly in areas where it will
be seen by all employees.
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14. Assignment and Subcontracts: Contractor shall not assign this contract without the written
consent of City. Any attempted 'assignment without written consent of City shall be void. Contractor
shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons
employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City. Contractor may not substitute any
, subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written
consent of the City, or by following the procedures of ORS 279C.585 and OAR 137-049-0360.
15. Governing Law: Jurisdiction: Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to
this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson
County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall
be brought and conducted solely and exclusively within the United States District Court for the District
of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this
section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh
Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction.
16. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER
PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,
CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE
SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT
SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF
ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS
READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS
AND CONDITIONS.
16. Prior Approval Reauired: Approval of the City of Ashland Councilor Public Contracting
Officer is required before any work may begin under this contract.
J#'I:;, ~
Printed Name
/l1-/t4d
CITY OF ASHLAND
By: /M.. cJL- . 6';r 00;, V
Lee Tuneberg
Finance Director
Its:
By:
Date:
l/t4{ O~
Coding:
(For City use only)
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5144827578
NEWHORIZNS
PAGE 02
PERFORMANCE BOND
The undersigned
New Horizons Woodworks Inc
t as principal, furth.er referred to in this
bond as Contractor, and. Developers Surety and Indemnity Co~pany
, as surety, further referred to in this bond as
Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond
as City, in the sum of -Iwenty nine thousand three hundred seventy nine dollars
Dollars ($
29,379.00
).
Contractor and City have eritered into a written contract dated November 20, 2007
. for the following project:
City Council Dais Remodel. This contract is further referred to in this bond as the Contract and is
incorporated into this bon.d by this reference.
The condition.s of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans,
specifications and conditions of the contract within the tim.e prescribed by the Contract,
as required by ORS 279C. 380 through 279C.385, then this obligation. is null and void;
otherwise it shall remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
-promptly remedy the default, perfonn all of Contractor's obligations under the contract
in accordance with its tenns and conditions and pay to City.all dam.ages that are due
under the Contract
3. This bond is subject to claims under ORS 279C.380 throu.gh 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and. th.eir respective
heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Con.tract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
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5144827578
NEWHORIZNS
PAGE E13
7. The bond number and the name, address. and telephone nwnber of the agent authorized
to receive notices concerning this bond are as follows.
Bond Number: 785077P
Bond Agent: Hart Insurance
Address: 3389 Crater Lake Hwy
Medford OR 97504
Telephone:
541-779-4232
SIGNED this
20th
day of November
2007 &
WITNESS:
(Cotporate Seal)
C.ONTRACTOR:
By:
Title:
Legal Address:
Ine
278 Helman Street
Ashland OR 97520
Attest:
~~~x WITNESS
WITNESS:
(Corporate Seal)
SUItE11f: Developers Surety and Indemnity Company
By: ~~1v-tm~
Title: At torney.5i'n-fact
Leg~Address: Five Centerpoint Ste 530
Lake Oswego OR 97035
Attest:
Corporate Secretary
G:\pub-Ylfks\eng\deptoaedmin\ENGINEER\PROJECT\2007\07-22 New HorIzons Contract Docs 11 07.doc
PC) \tV E ({ () F f\ l"('() RN E Y FO I{
DEVEL()PERS SURE'f'" AND INDEIVINll'\' COlV1PANY
INDEl\'lNITY COl\:lPAN\' OF Cl\LIFORNlf\
PO BOX 19725, IRVINE:. CA 92623 (949) 263-3300
KNO\V ALL MEN BY THESE PRESENTS. that ~xcept as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDI-::rv1NITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***John L. Fralich, Harry T. Mackin, Mark O'Hara, Terry Faulkner, C.B. Fralich, Michelle Ely, Tom Kaldunski,
Terry Friend, jointly or severally***
as their true and lawful Atlorney(s)-in-Fact. to make, execute. deliver and acknowledge, t(lr and on behalf of said corporations. as sureties. bonds, undertakings
and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper
to b~ done in connection therewith as each of said corporations could do. but res~rving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attorney(s)-in-Fact. pursuant to these presents. are hereby ratified and contirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COtv1PANY and INDEtv1NITY COf\1PANY OF CALIFORNIA, effective as of November 1.2000:
RESOLVED. that the Chainnan of the Board. the President and any Vice President of the corporation be. and that each of them hereby is. authorized to
execute Powers ofAltorney, qualifying the altorney(s) named in the Powers of Attomcy to execute, on behalfofthe corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney~
RESOLVED. FURTHER. that the signatures of such officers may be aftixed to any such Power of Attorney or to any certiticate relating thereto by
tacsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so atlixed and in
the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDErvlNITY COtv1PANY and INDEtvlNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December. 2005.
--_._--~
\
\
By:
David H. Rhodes. Executive Vice-President
By:
\Valter A. Crowell, Secretary
~~
,",........"
""~i AND ;""'"
.:.....~<<, ..............:t 0 ~""
/ '=> ..... ~ p 0 RAt ..... ~ '-=:,
: ~ ... v 0 ,.~ ... ~ ~
!~ f OCT. \~~
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\~\ 1936 /~j
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'''''' Q ............. ~~,....,...
""""" II~' """,,'"
STATE OF CALIFORNIA
COUNTY OF ORANGE
]
On December I. 2005 betore me, Gina L. Ganler, Notary Public (here insert name and title of the office"'), personally appeared David H. Rhodes and
Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/11cr/their authorized capacity(ies), and that by his/her/their signaturc(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted. executed the instnnnent.
Signature
~.~~
(SEAL)
~.~&&&_~&&~&~~~t~
). gbN~~.#G1~~~:S~ ~
~ . NOTARY PUBLIC CALIFORNIA ::J
~ ORANGE COUNTY ~
~ _"'Y~~~ !.~r; ~-~. ~J
................'r........................... ...................
WITNESS my hand and official seal.
CF:RTII'-'ICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEt\-1NITY COMPANY OF CALIFORNIA,
does hereby certity that the t(lregoing Power of Attonley remains in full force and has not been revoked, and furthermore, that the provisions of the rcsolutions of
the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. Califclmia. the Jo day of NtJ1.J(.m ~ . ~ 7
By
Albert Hillebrand, Assistant Secretary
ID-1380 (Rev. 12i(5)
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5144827578
NEWHORIZNS
PAGE 04
P A YMENf BOND
The undersigned New Horizons Woodworks Inc
~ as principal, further referred to in this
bondasCoDtractor,and Developers Surety and Indemnity Company
, as surety, furth.er referred to in this bond &$
Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond
as Cjty, in the sum of . Twenty nine thousand three hundred seventy nine dollars
Dollars ($ 29,379.00
).
Contractor and City have entered into a written contract dated November 20, 2007
, for the. following project:
City Council Dais Remodel. This contract is further referred to in this bOD.d as the Contract" and is
incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the time prescri.bed by the Contract,
and promptly makes payment to all claimants, as d.efined in ORS. 279C.600 through
279C.620, then. this obligation is null and void; othenvise it shall remain in full force &n.d
effect.
2. If Contractor is declared. by City to be in default under the Contract, the Surety shall
prom.ptlyremedy the default, perform all of Contractor's obligation.s under.the contract in
accordance with its term.S and conditions and pay to City all damages that are due under the
Contract.
3. This bond is subject to claims under ORS 2?9C.600 through 279C..620.
4. This obIigationjointJy and severally binds Contractor a.nd Surety an.d their respective heirs,
executors, administrators, successors.
5. Surety waives n.otlce of modification. of the Contract or extension oftb.e Contract time.
6. Nonpayment of the bond. premium shall not invalidate this bond.
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NEWHORIZNS
PAGE 05
7 · The bond number and the name, address, and telephone nwnber of the agent authori%ed to
receive noti.ces concerning this bond are as follows:
Bond Number:
785077P
Bond Agent:
Address:
Hart Insurance
3389 Crater Lake Hwy
Medford OR 97504
Telephone:
541-779-4232
SIGNED this
20th
day of
November
20n7 a
WITNESS:
(Corporate Seal)
CONTRACTOR:
By:
Title:
Legal Address:
rnc
278 Helman Street
Ashland OR 97520
Attest:
~~ileJtBM. WITNESS
WITNESS:
(Corporate Seal)
SURElY:
By:
Title:
Legal Address:
Developers Surety and Indemn~ty Company
~~~
Attorney-in-fact
Five Centerpoint Ste 530
Lake Oswego OR 97035
Attest:
Corporate Secretary
G:\pub-WJks\8ng\dept-admln\ENGINEER\PAOJECn2007\07-22 New HOrizons Contract Docs 11 07.doc
P() \V E ({ () F f\l'l,() RN E Y F() I{
DEVEL()PERS SURE'fV AND INDEIVINll'\' COIVIPANY
IN[)El\'lNITY C01\tlP~t\NY OF Cl\.LIFORNL-\
PO BOX 19725, IRVINE:, CA 92623 (949) 263-3300
KNO\V ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDE~1NITY
COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint:
***John L. Fralich, Harry T. Mackin, Mark O'Hara, Terry Faulkner, C.B. Fralich, Michelle Ely, Tom Kaldunski,
Terry Friend, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute. deliver and ackn()\vledge, f(lr and on behalf of said corporations. as sureties. bonds, undertakings
and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessalY. requisite or proper
to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revocation, and
all of the acts of said Attorney( s)-in-Fact. pursuant to these presents, are hereby ratified and contirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the t()lIowing resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEfv1NITY COfv1PANY and INDEfv1NITY CO~1PANY OF CALIFORNIA, effective as of November 1,2000:
RESOLVED. that the Chainnan of the Board. the President and any Vice President of the corporation be, and that each of them hereby is. authorized to
execute Powers ofAltorney, qualitying the altorney(s) named in thc Powers of Attonlcy to exccute. on behalfofthe corporations, bonds, undertakings and contracts
of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such
Power of Attorney~
RESOLVED, FURTHER, that the signatures of such otficers may be affixed to any such Power of Attorney or to any certiticate relating thereto by
facsimile, and any such Power of Attorney or certificatc bearing such facsimile signatures shall be valid and binding upon the corporation when so atlixed and in
the future with respect to any bond. undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEN1NITY COfv1PANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December. 2005.
---_.._-~
\
\
By:
David H. Rhodes, Executive Vice-Presidcnt
By:
\Valter A. Crowell, Secretary
~~
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STArE OF CALIFORNIA
COUNTY OF ORANGE
]
On December I. 2005 before me, Gina L. Ganler, Notary Public (here insert name and title of the officer.), personally appeared David H. Rhodes and
Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executcd the same in his,11cr/their authorizcd capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted. executed the instnll11ent.
Signature
~. ::;( ~
(SEAL)
~&i&&~&~&~&&~&~-J
~. g~':M~.#G1~~~:S~ ~
~ . NOTARY PUBUC CALIFORNIA :,:,
~ ORANGE COUNTY \\
~ _ - ..~..~~ ~_~r; ~.~~,~J
...... -or ..... ...... ..... ...... .... ..... ..... -.... ........... ..... ......
WITNESS my hand and official seal.
CERTIFICAT(4:
The undersigned. as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEt\.1NITY COMPANY OF CALIFORNIA,
does hereby cenify that the t(lregoing Power of Attonley remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of
the respective Boards of Directors of said corporations set forth in the Po\ver of Attonley. are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. CalifC)miaother:t)U day of /lJ~ 0 :LIrrJ 7
By ~I-
Albert Hillebrand, Assistant Secretary
ID-1380 (Rev. 12i(5)
16
ll-ZI-r~1 Ib:58 FROM-Barker Uerlings INS
5417571328
T-14~ P~~l/~~l F-359
CVOELEc.G1 LIST
ACORD,.. ~ERTIFICA TE OF LIABILITY INSURANCE I D4T& IMMIDDJYVYV)
11/27/2001
PRDoLJCm (541) 157..1321 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Barker-Uer1lngs Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
340 N W 5th Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
POBox 1378 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW..
Corvallis, OR 97339 INSURERS AFFORDING COVERAGE NAle ,
INIURID evo Electrical Systems. LLC ~ "- Hartford Casualty Insurance Company
1600 SW Westem Blvd., Suite 180 ~~R B: Twin City Fire Insurance Company
Corvallis, OR 97333- tNSUREA c: U S Specialty Insurance Company
INSURER D:
INSURER E:
COVBRAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IssueD TO lHE INSURfD NAMED ABOVE fOR 1l1f! POLIcY PERIOD INDICATED. NOTWIlliSTANDING
Nt( REQUIREMENT. TERM OR CONOII1<* Of ANY CONrRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 11-118 CERTIFICATE MAY BE ISSUED OR
MAY PfInAlN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL lttE TERMS. EXCWSIONS AND CONDITIONS Of SUCH
POLICIES. AGGREGATE LIMITS SHO\NN MAY HAVE BEEN REDUCEO BY PAID CLAIMS.
INS" ~~ POLleY NUM.. POLICY EFFlC11VI POLICY EXPIMllON LIMITS
lTR
~N.~ L.NU1'Y EACH OC~RENCE , 1,000,000
A X COMMERCIAl GetERAl LIA91LlrY fi2SBATL7259 7/512007 71512008 ~s~e~nce) , 300, OeM]
~ o CLAIMS ~ [!) OC~ 10,OGe)
MED EXP ,Any one Q~on) ,
- 1,000,000
PERSONAL & KJV INJURY ,
- 2,000,000
GEIEAAL AGGREG.A.TE .
- 2.000.000
GeNL AGGAEGA.~ 1.IMIT APPlIes PeA' PRODUCTS - Ca./PIOP AGG .
rxl PCl~CV n ~~ n Loe
AUTOMOBILE LIA8IJTV COMBINED SINGLE LIMiT 1,000,OO~
--- ,
A MY N.JfO 52SISA TL 7258 7/5/2007 71512008 eEl 8cCldeftl
-
- .au O'NI'ED AUTOS BOOIL Y IN~'f
.
S01e:OlUO AUTOS ,Per person)
-
X H.RED AUY05 800IL V IN.l.RY
- .
X NON-OWNeD AA'os (PfH' aooi der1t)
I---
- fIROPE~TY ~E $
(p.,. accident)
RUABLnY ALlTO ~ y ~ EA ACCIDENT .
Nf( AUTO OlH'A YHAN EAACC .
AJJtO OM.. Y: AGG .
EXCessIUNBRElLA LIMUTY EACH OCCLRRENCE . 1 t 000, oo~
A !J. OC~ 0 ClAIMS t.W)E 828BA TL 7259 71"2007 715/2008 AGGREGAlE , 1,000,000
$
~ OIDJCnae .
X RElENTION . 10,000 ,
WORK&RI COMP&NIAnoN AND X I ~'r's~~~ I IO~
B -'LDY'EIUr LIABILFTY 52WECNZ8065 7/512007 7/512008 $ 5OO,OO~
14H'Y PAoPAIEYORIPAR1'NERlEXECUTlVE E L. EACH ACC'DENT 5OO,OOtJ
QFFlce~e~ EXCLUDED? E.L. DISEASe - !A ~OVEe $
"YI6. descnbe lJnder E.L. DISEASE - pOLIcy LIMIT . 500,000
SPECIAL PROVISIONS below
OllER
C ~rof.sstonal Liability USD71141103 91112001 9/112008 1,D80.aol
DESCRPnON OF OPERATIONS I LOCATIONS I VlHlCLn I.XCW8tONI ~OEO BY ENDORSEMENT tlPEaAL PRO~
CERTIFICATE HOLDER
City of Ashland
Attn: Dawn lamb
20 E. Ma.n Street
Ashland, OR 97520...
CANCELLATION
IMOt.t.D AH"f OJ TM& ABOVE DElCRlBEO pOLlelR 81 CANCELLED BEFORE THE EXPlRAllON
DAl1! lltEREOF. THE IS.-.c; NSUAER WILL ENDEAVOR TO MAIL 3~ DAYS WRITTEN
N011CE TO DE C~ICAl1! HDLDm NAMED TO DE L&FT, BUT FAILURE TO DO SO SHALl
IMP OlE NO OBUGA11ON OR LlABI.RV OF ANt KIND UPON DtE MUJIIR. rTI AGENTS OR
AEPRESENTA11\IES.
AUTHORIZED REPRESENTA11VE ~
~~, ~-'~~.
ACORD 25 (2001108)
. ACORD CORPORATION 1888
SAIF Corporation
11/20/2007 2:02:36 PM
PAGE
1/001
Fax Server
ORI:GON WORKI:RS' COMPENSATION
CERTIFICATE OF INSURANCE
4~!~';!
C~RTIFICATE HOLD~R:
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND, OR 97520
The policy of insurance listed below has been issued to the insured named below for the policy
period indicated. The insurance afforded by the policy described herein is subject to all the terms,
exclusions and conditions of such policy.
POI lCY NO.
439280
POI lCY PFRlOI1
07/01/2007 TO 07/01/2008
l55UF nATF
11/20/2007
IN5URI!D:
NEW HORIZONrS WOODWORKS INC
278 HELMAN ST
ASHLAND, OR 97520-1136
BROKI!R OF RECORD:
LIMITS OF LIA8JLJTY:
Bodily Injury by Accident $500,000 each accident
Bodily Injury by Disease $500,000 each employee
Bodily Injury by Disease $500,000 policy limit
. DI!SCRIPTION Of OPI!RATIONS/LOCATIONS/SPECIAL ITEMS:
IMPORTANT:
The coverage described above is in effect as of the issue date of this certificate. It is subject to
change at any time in the future.
This certificate is issued as a matter of information only and confers no rights to the certificate
holder. This certificate does not amend, extend or alter the coverage afforded by the policies
CI bove.
AUTHORIZED REPRESENTATIVE
r---
~) SAIF CORPORATION 1400 High St SE I Salem, OR 97312 I P: 800.285.8525 I www.saif.com
CITY RECORDER
Page 1 / 1
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
2/4/2008
08089
VENDOR: 002403
NEW HORIZONS WOODWORKS
278 HELMAN STREET
ASHLAND, OR 97520
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Jim Olson
Confirming? No
Construction of the new Council dais
for the Council Chambers at 1175 E.
Main Street
29,500.00
Bid
Date of contract: 11/20/2007
Completion date: 02/01/2008
Insurance reQuired/On File
Bill TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
2 o.
0.00
0.00
29,500.00
.1M ~- .,~ _ Mr
A orized Signature
VENDOR Copy
CITY OF
A.SHLAND
REQUISITION
No. PW _ - FY 2008
Department PUBLIC WORKS
Vendor NEW HORIZONS WOODWORKS IN(
278 HELMAN STREET
ASHLAND OR 97520
Account No. 410.08.24.00.604100
Date November 16, 2007
Requested Delivery Date ASAP
Deliver To PAULA BROWN
Via DAWN LAMB
(* Note: Please allow approximately two(2) weeks for deliveay on items not
geoeraUy caried in stored, and approximately two (2) months on printing jobs.)
Item No Quantity
Unit
Description
Use of Purchasing Office ( )nly
Unit Price Total Price PO No
Construction of the new Council dais for the
council chambers at 1175 E Main Street
$ 29,500 00
f9p:~:"...... ....... ....
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Job No.
Unit No. I hereby certify that the above items are oecessary for the operation
of this department and are budgeted
Issued By
Date Received By
r"
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07 -22 New Horizons Req 11 07.xls
CITY OF
ASHLAND
PROJECT ACCOUNTING WORKSHEET
PROJECT NUMBER (YEAR XX)
PROJECT TITLE
PROJECT DESCRIPTION
Department
Project Manager
Department Head
BUDGET INFORMATION
Identify fiscal year I potential splits
Identify Funding Codes
and Funding Code names
DESIGN .100
Engineer Name
PO
COST
Change Orders
CONSTRUCTION .120
contractor name
PO
budget estimate
bid I contract total
changes
total
CONSTRUCTION .120
contractor name
PO
budget estimate
bid I contract total
changes
total
PERMIT COSTS (Building Dept) .170
budget estimate
final costs
200722 ~
tCOUNCIL CHAMBER DAIS CONSTRUCTION
Construction of a new desk for the Council Chambers to indude lap top computer stations and
updated electronic access.
PubHc Works - Engineering
Mike Morrison Jr.
Paula Brown
I FYOS
1410.08.24.00.604100
1
2
3
4
$
New Horizons Woodworks Inc.
$
$
29,379.00
29,379.00
$
Miscellaneous Costs:
~.l'
G:Pub-wrblengldept-adminlengineerlproJect/07-22 Pro] Acct WorksheetJds
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued
to it; and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding
or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that
it is no longer subject to backup withholding. Contractor further represents and warrants to City that
(a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed
and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its
terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional
standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor
also certifies under penalty of 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) I carry out the labor or services at a location separate from my residence or is in a specific
portion of my residence, set aside as the location of the business.
/ (2) Commercial advertising or business cards or a trade association membership are purchased
for the business.
/ (3) Telephone listing is used for the business separate from the personal residence listing.
/' (4) Labor or services are performed only pursuant to written contracts.
.,/
(5) Labor or services are performed for two or more different persons within a period of one
year.
/ (6) I assume financial responsibility for defective workmanship or for service not provided as
evidenced by the ownership of performance bonds, warranties, errors and omission insurance or
liability insurance relating to the labor or services to be provided.
NRw 4-r/~S IL~~ /1~tfl;1:r.
C9.3~; J'~ 5l?40{ Date
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-22 New Horizons Contract Docs 11 07.doc