HomeMy WebLinkAbout2008-051 Contract - Advanced Energy Systems
AfS
Advanced Energy Systems
65 Centennial Loop
Eugene, Oregon 97401
Phone- 54 I -683-2345
Fax-541-683-2040
www.aesrenew.com
March 18, 2008
City of Ashland
Dick Wanderscheid
.20 E. Main St.
Ashland, Oregon 97520
RE:
Contract documents
Dear Dick,
Please see enclosed documents relating to the Solar Electric System for the City of
Ashland. I have enclosed copies of the BOLl documents as well. Please feel free to
contact me if you have any further questions or concerns.
Regards,
Daisy LaPoma for
David Parker
Advanced Energy Systems
daisy@aesrenew.com
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this Is day of Mdl'c I"
("City") and IIJII(lf1r-etl Eller, y Sysl~,..s
(
:)()d& , between the City of Ashland,
"(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 Photovoltaic Grid System Installation. 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. Payment Bond: Contractor shall, within five days after execution of the contract and prior
to doing any work under the contract, furnish a payment bond to the City of Ashland in a form and
with a surety satisfactory to City in an amount equal to the full contract price and solely for the
protection of claimants under ORS 279C.600.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments,
subrogations, or other damages resulting from injury to any person (including injury resulting in
death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of or
incident to the performance 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
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1i2007\07-02ELE Advanced Energy Systems Contract Docs 3 08.doc
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 $1,000,000 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. Compliance with Law:
7.1. This contract will be governed by and construed in accordance with laws ofthe 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 ofthe following circumstances:
8.1 If the Contractor fails to begin the work under contract within the time specified, or fails
to perform the work with sufficient workers or equipment or with sufficient materials to insure the
prompt completion ofthe 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.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-02ELE Advanced Energy Systems Contract Docs 3 08.doc
8.2 If the Contractor shall become insolvent or declared bankrupt, or comrhit 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 Services or to qualify as a QRF;
8.6 Contractor attempts to assign rights in, or delegate duties under the Contract.
9. Remedies: In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and authority,
without violating this contract, to take prosecution of the work from the Contractor, and appropriate or
use any or all of the materials and equipment on the ground that may be suitable and acceptable and
may cause a contract for the completion of this contract according to its terms and provisions, or use
such methods as required for the completion of the contract, in any acceptable manner. All costs and
charges incurred by the City together with the costs of completing the work under the contract, shall be
deducted from any money due or which shall become due the Contractor. In case the expense so
incurred by the City shall be less than the sum which would have been payable under the contract if it
had been completed by the Contractor, then the Contractor shall be entitled to received the difference
less any damages for delay to which the City may be entitled. In case such expense shall exceed the
sum which would have been payable under the contract, the Contractor and the surety shall be liable
and agree to and shall pay the City the amount of the excess with damages for delay of performance, if
any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual consent of
both parties.
10.2 Citv'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 ofthe 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
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1I2007\07-02ELE Advanced Energy Systems Contract Docs 3 08.doc
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 (1004) 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 1004 above shall be without prejudice to any obligations or
liabilities or either party already accrued prior to such termination or modification. However, upon
receiving a notice of termination (regardless whether such notice is given pursuant to subsections 10.1,
10.2, 10.3 and lOA 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 ofORS 279C.585 and OAR 137-049-0360.
15. Governing Law~ Jurisdiction~ Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict oflaws,
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
P ARTY 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.
Prior Approval Required: Approval of the City of Ashland Councilor Public Contracting
quired before any work may begin under this contract.
OJ, Uu CITY OF ASHLAND
~ Signature By: ~~.
/J' D h. Finance Director
.11'1(;/1 nUll er
Printed Name
Pre>;I'l,d
Title
REVIEWE~AS TO CONTENT:
By: va
Departm~t Head Date: .
REVIEWED AS TO FORM:
By: \ 1v
Legal Depart
CaNT
By:
Its:
Address:
rlJI/II/(ed 8fJer~y Sysfen,s.
Company Name
~!:J- (-e"ifl'!I1I(/
~"1ffl) (jR 97tf() I
L
Date5# or.
Coding:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-02ELE Advanced Energy Systems Contract Docs 3 08.doc
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AJ:S
ADVANCED
ENERGY
SYSTEMS
65 Centennial loop
Eugene OR; 97401
Office 541-683-2345
Fax 541-683-2040
CCB# 160523
www.aesrenew.com
Option A: 63.5 KW SolarW orld Solar Electric System
(Installed Flush on the South Facing Roof)
A 63.5 KW PV power system, including SolarWorld solar modules, a custom flush rack system, a
60 KW DCI AC inverter, live monitoring with web page, an energy meter and all necessary conduit,
wire, fuses and disconnects for a NEC compliant system. Permit, BETC, and utility paperwork
included.
MOBILIZATION & LABOR
PV SYSTEM DESIGN
PHOTO VOL T AlC ARRAY MATERIALS
INVERTERS
STRUCTURAL MATERIALS
BALANCE OF SYSTEM COMPONENTS
PROJECT SCHEDULE TOTAL
$79,560
$15,470
$278,910
$34,030
$23,820
$10.210
$442,000
Annual Energy Savings = 82,200 kWh
SYSTEM PTC = 55,516 (Module PTC (162.7) * Weighted Inverter Efficiency (.94) * #Modules
(363))
System saves an equivalent of2,200 tons of C02 ,6,500 trees planted, or 223,100 gallons of
gasoline.
Major System Components I Materials:
(363) SolarWorld 175 Mono-Crystalline Modules
(1) UniRac Flush Rack System,
(1) Solectria 60 KW Inverter
(1) Fat Spaniel Live Web Based Monitoring
(1) Utility Grade Meter
(1) B.O.S.
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AfS
ADV ANCED
ENERGY
SYSTEMS
65 Centennial Loop
Eugene OR, 97401
Office 541-683-2345
Fax 541-683-2040
CCB# 160523
www.aesrenew.com
~ Option A: 63.5 KW Solar Electric System
[] Option B: 80.4 KW Solar Electric System
[] Option C: 80.85 KW Solar Electric System
[] Option D: 97.2 KW Solar Electric System
Submitted by:
rp~ll ~
Accepted by:
Jult /;;/JAI
~
David Parker
Advanced Energy Systems
Dick Wanderscheid
City of Ashland
Confidentiality Notice: This document is for the sole use of the intended recipient(s) and may contain confidential and
privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended
recipient, please contact the sender, and destroy all copies of the original document.
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PROPOSAL SCHEDULE
PHOTOVOL TAlC GRID SYSTEM
Project No. 2007-02ELE
NO
h 3.r-8i--kW System - Proposal Schedule A
I
i QTY.
AMOUNT
DESCRIPTION
UNIT PRICE I
(FIGURES) !
Mobilization
1
Mobilization and Labor. si~-4-
for,s(<#(,.,J-y )):""( ~"...A r:"dw"ir..l Dortars
$ -, ,,\, S<.oO. OD
Technical
2
PVSystemDesign .. . st'<1~tI
forFlf+t~'" Th."'-~ Pewr \\...,,~r,~ Dollars
$ lSf L\ 70.0D
PV System Components
3
\O,L\O ,00
!
1$
$
4
5
2..3, 82.0 .00
"',,:_';-.'.'0',.,;
15 of 29
G:\pub-wrks\eng\dept.admin\ENGINEER\PROJECT\2007\07-02ELE Photovoltaic Panel Install RFP 11 07.doc
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.
i (3) Telephone listing is used for the business separate from the personal residence listing.
Y; (4) Labor or services are performed only pursuant to written contracts.
'f.. (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
liab' y insur~ relating to the labor or services to be provided.
co::~ ~ d!13!Oct
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECl\2007\07-02ELE Advanced Energy Systems Contract Docs 3 08.doc
Form W-g
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Rev. October 2007)
Department of the Treasury
Int...nal Revenue S....1ce
Name (as shown on your income tax return)
flJWJ1ce~
G'17 et'j 7
,,; i
~i
~ i Business name, if different from above
c :
o '
<Dill
a.S
.i.';-,..
.. u
o 2
~~
D:~
l;:
'u i City, state, and ZIP code
8. i T'.. O~n
(/I i Cor -~
~ i List account nurnber(s) here (optional)
Wi
..
~Y5.ft'1?f5 LtC
, ------------/--------
Check appropriate box: [] Individual/Sole proprietor [] Corporation [] Partnership
~ Limited liability company. Enter the tax classification (D;disregarded entity, C;corporation, P;partnership) .. . '..
[] Other (SoJa ilStl1JCMns) ...
Address (number, street, and apt. or suite no.)
uS c~"t~"",i / UJo
o Exempt
payee
t!7VO/
Requester's name and address (optional)
01(
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid [ ty I
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is _:~:::_::~j:____:::J~~________________________
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have filed 0 report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acq isiti or abandon ent f secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generall ,pa ents other an' tere and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See t e ins uctitms on ag 4.
Sign
Here
Signature of
U.S. person ~
General Instruction
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income from
a U.S. trade or business is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
Date ~
3
6r
Definition of a U.S. person. For feder tax purposes, you are
considered a U.S. person if you are:
. An individual who is a U.S. citizen or U.S. resident alien,
. A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
. An estate (other than a foreign estate), or
. A domestic trust (as defined in Regulations section
301 .7701-7).
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S. person that is a partner in a
partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
. The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231 X
Form W-9 (Rev. 10-2007)
U'\I-'UU-VVJ~\"'115\U"'lJl.-auuuuu.....l'1VU"LiLJ"-1..l J"-VJ.""'A"..-.l \.t.VVI \V/-V4LLL r\.uvallv"-'U .....11'-'15)' ""'Y,:,I."-'....3 '-'vl1ua....... .uv,,-,.3 J vu.uv,",
Mar 03 08 09:57a AES
~J-S
-
ADVANCED
ENERGY
~ SYSTEMS
FAX
Date: ) /.,/Og
Time: J 0 ~ 00 aN'
To: J'Il~1 JV1 c- Lt~J i__
Fax Number: t:) I{ I 's') 2.. 1. 4 ~ G
From: 1~~f4~ TIre~ Advanced Energy Systems
# Pages: t1
(;odoo;...." pog.)
Re: boV\J.
Message: --r- k
I t.1 ""^ ~!J
(
5415170790
p.1
65 Centennial Loop
Eugene, OR 97405
541-683-2345
541-683-2040 FAX
CCB# 160523
Mar 03 08 09:58a
AES
5415170790
p.2
..---
/'
Ward Insurance Agency, Inc.
POBox 10167
Eugene, OR 91440
Phone: (541)681-1117
Fax: (541)342-8280
Ward Insurance Agency, Inc.
Business MEMO
To:
From:
RE Customer:
Policy No.:
Subject:
Date:
Dais y
Catherine L Gomes
Advanced Energy Systems LLC
785513C
State of Oregon Statutory Public Works Bond - BOLl
2/28/2008
Dear Daisy:
Enclosed please find the original and copy of the State of Oregon BOLl bond in the amount of
$30,000.00 you ordered today. The premium for the bond is $600.00 (our invoice enclosed).
Please have the original bond signed and forward it onto the State of Oregon, Construction
Contractors Board, PO Box 14140, Salem OR 973095052. Retain the enclosed copy of the bond
for your records.
Thank you so much for your assistance in this matter. Weare pleased to have been of service in
this matter and trust you will find everything in order. After your review of the enclosed you
should have any questions, please do not hesitate to contact me.
. ames
cathyg@wardinsurance.net
Bond Department
Enclosures
Mar 03 08 09:58a
AES
5415170790
p,3
STATE OF OREGON
STATUTORY PUBLIC WORKS BOND
Surety bond #: 785513C
CCB # (if applicable): 160523
We, Ad'lanced Energy S)'$tems LLC , as principal, and
De'lelopers Surety and Indemnity Company , a cOIporation qualified and authorized to do
business in the State of Oregon, as surety, are held and fmnly bound unto the State of Oregon for the use and benefit of the Oregon
Bureau of Labor and Industries (BOLl) in the sum of thirty thOllSand dollars ($30,000) lawful money of the United States of America
to be paid as provided in ORS chapter 279C, as amended by Oregon Laws 2005. chapter 360, for which payment well and truly to be
made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by this agreement
WHEREAS, the above-named principal wishes to be eligible to work on public works project(s) subject to the pro"isions of ORS chapter
279C, as amended by Oregon Laws 2005, cbapter 360, and is, therefore, required to obtain and file a statutory public works bond in
the penal sum of S30,OOO with good and sufficient surety as required pursuant to the provisions of section 2, chapter 360, Oregon Laws
2005, conditioned as herein set forth.
NOW, TIIEREFORE, the conditions of the foregoing obligations are that if said principal with regard to all work done by the principal
as a contractor or subcontractor on public works project(s), shall pay all claims ordered by BOLl against the principal to workers
performing labor upon publi.c works projects for unpaid wages determined to be due, in accordance \vith ORS chapter 279C, as amended
by Oregon Laws 2005. chapter 360, and OAR. Chapter 839, then this obligation shall be void; otherwise to remain in full force and effect.
This bond is for the exclusive purpose of payment of wage claims ordered by BOLl to workers performing labor upon public works
projects in accordance with ORS chapter 279C. as amended by Oregon Laws 2005, chapter 360.
This bond shall be one continuing obligation, and the liability of the surety for the IIggregate of any and all claims which may arise
hereunder shall in no event exceed the amount of the penalty of this bond.
This bond shall become effective on the date it is executed by both the principal and surety and shall continuously remain in effect until
depleted by claims paid underORS chapter 279C, as amended by Oregon Laws 2005, chapter 360, unless the surety soonercanceJs the
bond. This bond may be cancelled by the surety and the surety be relieved of further liability for work performed on contracts entered
after c~enation by giving 30 days' written notice to the principal, the Construction Contractors Board, and BOLL Cancellation shall
not limit the responsibility of the surety for the payment of claims ordered by BOLI relating to work preformed during the work period
of a contract entered into before cancellation of this bond.
IN WITNESS 'W'HEREOF, the principal and surety execute this agJ'eement. The surety fully authorizes its representatives in the State
of Oregon to enter into this obligation.
SIGNED, SEALED AND DATED this 28
day of February
.20 08
Surety by:
Principal by: A<j'lanced Energy Systems lLC
Name
Catherine l. Gomes, Attorney-in-Fact
Title (e.g. Altorney-in-Fact)
Title
SEND BOND TO: .
co, D5tr~"ct, ion co"'~,, u.,'~~C, ~i'5Ro"ar,' ,dj'
PO Bo~14140 ';':-:.;'~' "'~:-.
Salem, OR 973~-:.5.OSt-" ~', .
Tel bone: 503)';3-7;a...:4(t21~-~' ':'
65 Centennial loop
Addre.r~
Eugene OR 97401
City
Stale
Zip
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond #785615P
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Advanced Energy Systems LLC
65 Centennial Loop
Eugene OR 97401
SURETY (Name and Principal Place of Business):
Developers Surety and Indemnity Company
Five Centerpointe Suite 530
Lake Oswego OR 97035
OWNER (Name and Address):
City of Ashland
20 E Main Street
Ashland OR 97520
CONSTRUCTION CONTRACT
Date: March 18, 2008
Amount: Four Hundred Forty Two Thousand and No/100--------------------------------($442,000.00)--
Description (Name and Location): Photovoltaic Grid System Installation / Project Number #07-02ELE
90 North Mountain Avenue, Ashland OR 97520
BOND
Date (Not earlier than Construction Contract Datef7'1arch 18, 2008
Amount: Four Hundred Forty Two Thousand and No/100---------------------------------($442,000.00)--
Modifications to this Bond: D None ~ See Page 6
CONTRACT
Company:
Advanced
(Any additional signatures appear on page 6)
(FOR INFORMA nON ONL Y - Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect. Engineer or other
AGENT or BROKER: Ward Insurance Agency Inc party: City of Ashland
PO Box 10167 Dick Wanderscheid-Agency Representative
Eugene OR 97440 20 E Main Street
(541) 687-1117 Ashland OR 97520
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 19~t:J.).1~~ 5357
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW" WASHINGTON, D.C 20006 A312.1984 4
THIRD PRINTING. MARCH 1987
1. The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly 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 Contractor
and the Surety (at the address described in Paragraph
12) of any claims, demands, liens or suits and tendered
defense of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no
Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment, directly
or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under
this Bond until:
4.1 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) and
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:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last
performed labor or last furnished materials or
equipment 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
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from 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 Paragraph 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 the
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
challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond. they agree
that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations
of the Contractor and the Surety under this Bond, subject to
the Owner's priority to use the funds for the completion of the
work.
9 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 Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from 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 equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as
a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature
page. Actual receipt of notice by Surety, the Owner or the
Contractor, however accomplished, shall be sufficient
compliance as of the date received at the address shown on
the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312.1984
5
Bond shall be construed 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 furnish 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 the performance of the Contract. The intent
of this Bond shall be to include without limitation in the
terms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental equipment used
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
'oIIhere 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.
15.3 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.
Paragraph 6 is deleted in its entirety and the following is substituted in its place:
6. Once the Claimant satisfies the conditions of Section 4 and provides the Surety with all supporting documentation and any
proof of claim requested, the Surety, within a reasonable period of time, shall notify the Claimant of the amounts it does not
dispute and the bases for any amounts it does dispute. These bases may include, but are not limited to, inadequate
documentation supporting the amount of or entitlement to the claim. The Surety within a reasonable period of time, shall payor
arrange to pay any undisputed amount. The fallure of the Surety to timely discharge its obligations under this paragraph or to
dispute or identify any specific defense to part or all of a claim shall not in any way be deemed 1) an admission of liability by the
Surety; 2) a waiver of any of the Surety's or Contractors defenses; or 3) a waiver of any other right or basis the Surety or
Contractor may have to dispute some or all of the daim. The Claimant shall have the immediate right, without further notice, to
bring suit against the Surety to enforce any remedy available under this Bond.
This bond is subject to claims under ORS 279C.600 through 279C.620.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AiA DOCUMENT A312. PERFORMANCE BONO AND P"YMENT BOND. DECEMBER 1984 ED. . "IA illl
THE AMERICAN INSTlTUTE: OF ARCHITECTS, 1735 NEW YORK "VE., NW" WASHINGTON, D.C. 20006
A312.1984 6
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that.as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint:
***Robert A. Harvey, Catherine L. Gomes, Paul A. Jensen, Margaret A. Hargett, Larry C. Buck, Steven J.
Hanson, Peggy Huffman, jointly or severally***
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on beha~ of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, 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 Attomey(s)-in-Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attomey 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 COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attomey, qualifying the attomey(s) named in the Powers of Attomey to execute, on behalf of the 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 affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed 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 INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008.
BY:~V~
Stephen T. Pate, Senior Vice President
"','..........14',#1;
....... 'i AHD ~ .....
h,t"~~ ~;'~-;O"~4~~\
C1)6J, ~o 1'(4' .~"
od OCT. t'-:\
:f! 10 :ni
\~\ 1936 ~il
"'~'.... .l..lP'
"", "1~".../OW" ,..t ~ol,;,t~
~#, (I ".............. .~ ~.,.
~##ll#'ff't!..'."'t>..-<iJ
State of California
County of Orange
On
January 1 st. 2008
Date
before me,
Christopher J. Roach, Notary Public
Here Insert Name and Title of the Officer
personally appeared
Stephen T. Pate and Charles L. Day
Name(s) of Signer(s)
who 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 hislher/their authorized
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 instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney 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 Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, the 18 day of Mar c h ,2 0 0 8
~&:::::;~- ./
,;" Albert Hillebrand, Assistant ecretary
1D-1380(Wet)(Rev.07/07)
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond #785615P
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Advanced Energy Systems LLC
65 Centennial Loop
Eugene OR 97401
SURETY (Name and Principal Place of Business):
Developers Surety and Indemnity Company
Five Centerpointe Suite 530
Lake Oswego OR 97035
OWNER (Name and Address):
City of Ashland
20 E Main Street
Ashland OR 97520
CONSTRUCTION CONTRACT
Date: March 18, 2008
Amount: Four Hundred Forty Two Thousand and No/100--------------------------------($442,OOO.00)--
Description (Name and Location): Photovoltaic Grid System Installation I Project Number #07-02ELE
90 North Mountain Avenue, Ashland OR 97520
BOND
Date (Not earlier than Construction Contract Datef.1arch 18, 2008
Amount: Four Hundred Forty Two Thousand and No/100---------------------------------($442,OOO.00)--
Modifications to this Bond: D None ~ See Page 6
CONTRAC R AS PRINCIPAL
Company: ~ (Corporate Seal)
Advance E ergy Syst l' L7f .
Signature: ~L ~
Name and tle: ~.9G)..JL
(Any additional signatures appear on page 6)
)
.~.-,/
(FOR INFORMA T/ON ONL Y - Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other
AGENT or BROKER: Ward Insurance Agency Inc party: City of Ashland
PO Box 10167 Dick Wanderscheid-Agency Representative
Eugene OR 97440 20 E Main Street
(541) 687-1117 Ashland OR 97520
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 19~t~J).1~~ 5357
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006 A312.1984 4
THIRD PRINTING. MARCH 1987
1. The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
succe~sors 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:
2.1 Promptly 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 Contractor
and the Surety (at the address described in Paragraph
12) of any claims, demands, liens or suits and tendered
defense of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no
Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment, directly
or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under
this Bond until:
4.1 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) and
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:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last
performed labor or last furnished materials or
equipment 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
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from 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 Paragraph 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 the
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
challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations
of the Contractor and the Surety under this Bond, subject to
the Owner's priority to use the funds for the completion of the
work.
9 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 Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (I) 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 equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as
a defense In the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature
page. Actual receipt of notice by Surety, the Owner or the
Contractor, however accomplished, shall be sufficient
compliance as of the date received at the address shown on
the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such
AlA DOCUMENT A312. PERFORMANCE BOND ANO PAYMENT BONO. OECEMBER 1984 ED.. AlAI!>
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, O.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
5
Bond shall be construed 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 Conb'actor shall
promptly furnish 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
conb'act with the Contractor or with a subconb'actor of
the Contractor to furnish labor, materials or equipment
for use In the performance of the Contract. The intent
of this Bond shall be to include without limitation in the
terms 'labor, materials or equipment' that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental equipment used
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
15.3 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.
Paragraph 6 is deleted in its entirety and the following is substituted in its place:
6. Once the Claimant satisfies the conditions of Section 4 and provides the Surety with all supporting documentation and any
proof of claim requested. the Surety, within a reasonable period of time, shall notify the Claimant of the amounts it does not
dispute and the bases for any amounts it does dispute. These bases may include, but are not limited to, inadequate
documentation supporting the amount of or entitlement to the claim. The Surety within a reasonable period of time, shall payor
arrange to pay any undisputed amount. The fallure of the Surety to timely discharge its obligations under this paragraph or to
dispute or identify any specific defense to part or all of a claim shall not in any way be deemed 1) an admission of lIablllty by the
Surety; 2) a waiver of any of the Surety's or Contractor's defenses; or 3) a waiver of any other right or basis the Surety or
Contractor may have to dispute some or all of the daim. The Claimant shall have the immediate right, without further notice, to
bring suit against the Surety to enforce any remedy available under this Bond.
This bond is subject to claims under ORS 279C.600 through 279C.620.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
Ai" DOCUMENT A312. PERFORMANCE BONO AND PAYMENT BONO. DECEMBER 1984 ED.. AIA4l>
THE AMERICAN INSTI'TUTE OF ARCHITECTS, 1735 NEW 'fORK AVE., NW.. WASHINGTON. D.C. 20006
A312.1984
6
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL MEN BY THESE PRESENTS, that.as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do
each, hereby make, constitute and appoint:
***Robert A. Harvey, Catherine L. Gomes, Paul A. Jensen, Margaret A. Hargett, Larry C. Buck, Steven J.
Hanson, Peggy Huffman, jointly or severally***
as their true and lawful Attorney(s}-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attomey{s}-in-Fact full power and authority to do and to perform every act necessary, 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 confirmed.
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 COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 200S.
RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of
Attomey, qualifying the attomey(s} named in the Powers of Attomey to execute, on behalf of the 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 affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed 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 INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective Vice President and attested by their respective Assistant Secretary this January 1st, 200S.
BY:~V~
Stephen T. Pate, Senior Vice President
~",,""'f;lfll.
"':\'i ~O ,7:""
"~q.~ .................4)"""10"'.
I',:s .t'" ~,o~.., "'",~ "
I .. t <lO {f. .~..
II:I OCT. t~\
=:\ 10 :ni
\~\ 1936 III
'1..'~;.....,ow ~ ./~'O'I
'$o".I..,,().........~.. .'t-.'
""'#;1-1; * ...,.",~"
it""tn'u,."~
State of California
County of Orange
On
Janual'{ 1 sl. 20.0S
Date
before me,
Christopher J. Roach, Notal'{ Public
Here Insert Name and Titie of the Officer
personally appeared
Stephen T. Pate and Charles L. Day
Name{s} of Signer{s}
who 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/her/their authorized
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 instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS mYha~
Signature ~~
Ch' er J. Roach
CERTIFICATE
The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify
that the foregoing Power of Attorney 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 Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, Califomia, the 18 day of Mar c h, 2 OO!3
,,~~- ./
/' Albert Hillebrand, Assistant ecretary
1D-13S0{Wet)(Rev.07/07}
BUREAU OF LABOR AND INDUSTRIES
PREVAILING WAGE RATE UNIT
800 N.E. OREGON ST., #32
PORTLAND,OR 97232
PHONE: (503) 731-4709
FAX: (503) 731-4606
PUBLIC WORK CONTRACT FEE INFORMATION FORM
(For use by contractors in complying with ORS 279.357)
CONTRACTORS: Please complete and mail this form to BOLl at the above address, along with the appropriate
fee (l/lOth of 1% of the contract price.) payable to BOLl. The minimum fee is $100; the maximum fee is
$5,000.00. Without the following completed information, the bureau may be unable to properly credit you for
payment received.
BUSINESS NAME (DBA): AnV ANCED ENERGY SYSTEMS CCB#: 160523
MAILING AnDRESS:65 CENTENNIAL LOOP. EUGENE OR 97401 PHONE: ( 541) 683-2345
PROJECT NAME: PHOTOVOLTAIC GRID SYSTEM INSTALLATION
PROJECT NUMBER: 07-02ELE PROJECT LOCATION: ASHLAND. JACKSON COUNTY
AGENCY AWARDING CONTRACT: CITY OF ASHLAND
AGENCY CONTACT PERSON: DICK WANDERSCHEID
PHONE: (541) 488-5357
FEBRUARY 19. 2008
CONTRACT AMOUNT: $442.000.00 DATE AWARDED:
DATE WORK BEGAN: 5ftlo~
*Contract amount X .001
(Please duplicate this form for future use)
WH-39 (Rev. 10/99)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECTI2007\07-OELE BOLl WH-39.doc
BUREAU OF LABOR AND INDUSTRIES
NOTICE OF AWARD OF PUBLIC WORKS CONTRA T
(For use by Public Agencies in Complying with ORS 279.363
NOTE: Effective January 1,2002, ORS 279.363 was amended to require that public contracting agencies mclude with
h' ~
t IS orm a copy of the disclosure of first-tier subcontractors submitted pursuant to ORS 279.027.
1. CONTRACTING AGENCY INFORMATION
Agency Name City of Ashland Agency Number 494
Address 20 E. Main Street
City, State, Zip Ashland OR 97520
Agency Representative Dick Wanderscheid Phone 541/488-5357
2. CONTRACT INFORMATION
Project Name Photovoltaic Grid System Installation Project Number 07-02ELE
Project Manager Name Dick Wanderscheid FAX Number 541/552-2061
Phone Number 541/488-5357
Project Location (Street(s), City, State) 90 North Mountain Avenue, Ashland OR 97520
Project County Jackson Contract Amount $442,000.00
Source of Funds (i.e., 100% Federal Funds, 50/50 FederaVState, 100% Local, etc.) 100% Grant
If this project is federally funded and subject to the Davis-Bacon Act, do not submit this form to the Oregon Bureau
of Labor and Industries. If federal funds are involved, but the project is subject to the Oregon Prevailing Wage Rate
Law, please specify,
Date Contract Specifications First Advertised for Bid November 30, 2007
Date Contract Awarded February 19, 2008 Date Work Expected to Begin April 1 , 2008
Date First Progress Payment Due May 2008 Expected Date of Completion July 31, 2008
3. PRIME CONTRACTOR INFORMATION
Name
Address
City, State, Zip
Advanced Energy Systems
65 Centennial Loop
Eugene OR 97401
Phone 541/683-2345
Construction Contractors Board Registration Number 160523
Name of Bonding Company
Address
Agent NameIPhone
Bond Number
o Copy of first-tier subcontractors attached (see
Signature of person completing form
Printed name {)~VI~ ft1I''fI-er
.flLr
Date
'3~/;;;).,-01l
THIS FORM WILL BE RETURNED TO THE CONTRACTING AGENCY FOR CORRECTION AND RESUBMITT AL IF INCOMPLETE.
WH-81 (Rev. 1/02)
Prevailing Wage Rate Unit
Wage and Hour Division, Room 1160
Bureau of Labor and Industries
800 N.E. Oregon Street, #32
Portland, OR 97232
Telephone: (503) 731-4723
FAX: (503) 731-4606
RETURN THIS COMPLETED FORM TO:
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-02 AES BOll WH-81.doc
CITY RECORDER
Page 1 / 1
~A'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
DATE
4/4/2008
PO NUMBER
08200
VENDOR: 013126
ADVANCED ENERGY SYSTEMS
65 CENTENNIAL LOOP
EUGENE, OR 97401
SHIP TO: Ashland Electric Department
(541) 488-5354
90 N MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: ELECTRIC
Contact: Dick Wanderscheid
Confirming? No
Quantity Unit Description Unit Price Ext. Price
Solar Electric System 442,000.00
Request for Proposal
Contract for Public Works Construction
Date of aQreement: 03/13/2008
BeQinninQ date: 04/04/2008
Completion date: 07/31/2008
SUBTOTAL 442 000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 442,000.00
ASHLAND. OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 690.11.06.00.61 012~ E 000136.120 442 000.00
-'
~/
/A< ~dSi~t~~
VENDOR COPY
A request for a Purchase Order
REQUISITION FORM
CITY Of
ASHLAND
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request:
Required Date of Delivery/Service:
Vendor Name
Address
City, state, Zip
Telephone Number
Fax Number
Contact Name
SOUCITAnON PROCl!S.
Small Procurement
o Less than $5,000
o Quotes (Not required)
Sole Source
o Written findings attached
Invitation to Bid
(Copies on file)
Intermediate Procurement
o (3) Written Quotes
(Copies attached)
Coooeratlve Procurement
o State of ORIWA contract
o Other government agency contract
o Copy of contract attached
o Contract #
ReaulSt fQr ProDOIal
(Copies on file)
Soeclall ExernDt
o Written findings attached
Elllef'llency
o Written findings attached
a..crlptIon of _RVlCU
~ E~ 57~~
o Per attached PROPOSAL
Item # Quantity Unit
....rlptIon of IlATI!RIAUI
Unit Price
Total Cost
Project Num~t! ~~!!~.:! :z.o
o Per attached QUOTE
Account Number~JE'. i( ~.~g ~!.P_~:;-
· Items and services must be charged to the appropriate account numbers for the financia/s to reflact the actual expenditures accurately.
By signing this requisition form, / certify that the information provided above meets the City of Ash/and public contracting requirements,
and the documenIaIion can be provided upon mquesl. ~ jJ / ~
Employee Signature: Supervisor/Dept. Head Signature
G: Flnance\Procedure\APlForms\8_Requlsition form revtsed.doc
Updated on: 7/1312005