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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. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2007\07-02ELE Advanced Energy Systems Contract Docs 3 08.doc 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 ;9tJ d& ~ . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. \ . . . .. . " . '" .. .. . .. . . . 1(1; . . .. . .. . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E CI) - III >- CI) () 'i: - () CI) w ... 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OJ ~~~~~ s:s:s:s: g g g g s:-t-t-t-t::E-t-tS:-t ::E-t g lii lii lii lii ~ i lii g lii ~ ~ i ~ ~ ~ ~~~~~~~~~~~~~~~~~~~ aa~~~~~~~~~~a~~~aaa =CXlCXlCXlCXlCXl=CXlCXlCXlCXlCXl=CXlCXlCXlCXlCXl= -t-tS: C C 0 <1l <1l ::> Ul !ii ::l. S:, 01 ~'I !:!.! gl 01 5' en' ::T "U !il ::> - . - . . . . . .. - - . - . . . . .. . ' . -. . . . , . - . - . ,- .. . - - - - -. . . - ,_. - -. . . . -10) c5 f::"ICXl Wi + O~ co ',','1 ':" :.'J :: ~ "'1 --t- --.... ~ .~ .:::- ~'" 'i:> ;" p~[JO i) I\) o I\) --l 01 W~I ~O o CXl, ~ --l I\) ~ --., ~ s: vr- ~ iii . . t , , , , , , , , , , , , , ~ l' " !!. ~ ~ f! 8 8 D It . .. .. II . f!!) . . .. . . . . . . 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