HomeMy WebLinkAbout2008-058 Contract - Batzer Inc
Page 22
Contract made this
Ashland, ("City") and
CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
g~
1$~tZ/ ~C-
,
day of Apr-"'l UJb~ between the City of
"( 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 Scenic Park Site Improvements. 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 & Pavment: City shall pay Contractor amounts earned under the contract. All
payments will be made at the times and in the manner provided in the contract documents.
4. Performance and Payment Bonds: Contractor shall, within five days after execution of
the contract and prior to doing any work under the contract, fure.ish b~nds to the City of Ashland in a
form and with a surety satisfactory to City in the penal sum of 3!0, otnJ conditioned upon the faithful
,
payment and performance ofthis contract upon the part ofthe Contractor as required by ORS
279C.380.
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 ofthis 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 ofthis
agreement, maintain in force:
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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$l,OOO,OOO per occurrence (combined single limit for bodily injury and
property damage claims) or $1,000,000 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 of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
regulations, rules and ordinances of federal, state, City and city governments with respect to the
services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and
279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work
under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in
anyone week, except for persons who are excluded or exempt from overtime pay under ORS
653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has
workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured
employer, Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured
employer, Contractor shall provide City with a certification from the Oregon Department of
Insurance and Finance as evidence of Contractor's status.
7.4. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department of the State of Oregon) and the Contractor that arises from or relates
to this contract shall be brought and conducted solely and exclusively within the Circuit Court of
Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum,
then it shall be brought and conducted solely and exclusively within the United States District Court
for the District of Oregon filed in Jackson County, Oregon. Contractor, by signature herein of its
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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.lIfthe 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 ofthe
work.
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act
of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied
for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.
8.3 From any other cause whatsoever, shall not carry on the work in an acceptable
manner.
8.4 Contractor commits any material breach or default of any covenant, warranty,
certification, or obligation it owes under the Contract;
8.5 Contractor loses its QRF status pursuant to the QRF Rules or loses any license,
certificate or certification that it required to perform the 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 ofthe 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 ofthe excess with damages for
delay of performance, if any.
10. Termination:
10.1 Mutual consent. This contract may be terminated at any time by mutual consent
of both parties.
10.2 City's Convenience. This contract may be terminated at any time by City upon
30 days' notice in writing and delivered by certified mail or in person.
10.3 For Cause. City may terminate or modify this contract, in whole or in part,
effective upon delivery of written notice to Contractor, or at such later date as may be established by
City under any of the following conditions:
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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.
lOA 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 the contract may be terminated at any time thereafter by a written notice of
termination by the party giving notice.
b. Time is ofthe 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 ofthis 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 (lOA) are not
exclusive and are in addition to any other rights and remedies provided by law or under
this contract.
10.5 Obligation/Liabilitv of Parties: Termination or modification of this contract
pursuant to subsections 10.1, 10.2, 10.3 and lOA 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 oftermination (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 ofthis 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.
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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 ofORS 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.
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 of laws,
rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City
(and/or any other or department ofthe 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 A IT ACHED EXHIBITS CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER
PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,
CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE
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SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT
SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF
ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS
READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND CONDITIONS.
16. Prior Approval Required: Approval of the City of Ashland Councilor Public Contracting
Officer is required before any work may begin under this contract.
CONTRA~.
By:
,
gnature
CITY OF ASHLAND
By: ~~
Lee Tuneberg '\
Finance Director
Russ Batzer
Printed Name
Its:
President
Title
REVIEWE S TO CONTENT:
By:
Department Head Date:
Batzer Inc.
Company Name
Address: 190 N Ross Ln
PO Box 4460
Medford, OR 97501
REVIE
I
By: t
Legal Department
Coding:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\Scenic Park Development Bid Document 2 OB.doc
CITY OF ASHLAND
ASHLAND PARKS AND RECREATION
CONTRACT CHANGE ORDER NO. 1
PROJECT: Scenic Park Improvements DATE: April 8, 2008
LOCATION: North Main & Scenic Drive, Ashland PROJECT NO.:
CONTRACTOR: Batzer, Inc.
You are requested to perform the following described work upon receipt of an approved copy of this
document or as described by the Park Superintendent:
Item No. Description Quantity Unit Price Amount
#28 Concrete Planter Boxes $6,810 Deduct by $5,750
#30 Cal Pipe Retractable Bollards $10,273 Deduct by $6,460
#37 Deer Fence with Gates $43,326 Deduct by $36,973
Total this Change Order
Previous Change Order
Revised Contract Total
($49,183)
$380,000
The time provided for completion of this contract is increased by no calendar days. This
document shall become an amendment to the contract and all provisions of the contract will
apply.
Recommended By:
Approved By:
Inspector:
~~ JL-
Parks: Steve Gies
Date
Accepted By:
B~~
C -iitractor - - -. .
~ '&iUN-. p,~~ad-et\J-
Date
ASHLAND PARKS AND RECREATION
340 S. Pioneer Street
Ashland. Oregon 97520
www.ashland.or.us
C:\Documents and Settings\dyssegs\Desktop\Change order for Scenic Park project. doc
Tel: 541-488-5340
Fax: 541-488-6006
TTY: 800-735-2900
r61
03/17/2008 ION 13:08 FAX
~003/005
ADDENDUM NO.3
REVISED BID SCHEDULE
SCENIC PARK IMPROVEMENTS
J40i
I
DESCRIPTION
MobUIzatIon and Traffic Control
Mobilization n~
1 for """""'..
erosion Control
2 for Dollars
Site Work
ae.ing and Grubbing
3 for DoIIanl
Gen&ra1 ExcaYatIon and GracIlng
4 for ~rs
Wearing Surfaces
Conaeta CurbIUow strip and Wak
5 fOr DoBara
Concrete Steps 20 at 6 inches
6 for DoIIaI'$
Landscape steps 34 (6x8 pressure treated)
7 for . DoIars
PortJand CoooreIe 3300 PSI . inch thick sfdBwalks
8 for Dollars
Bases
qry. I UNIT j1JNlT PRICE AMOUNT
I (FIGURES)
1 LSI$/~A7 $ "-<.Ii 7~
I $ ~L::.I~-$ _~ ~ J t\ !!3!..
1 LS I 1
1 LS I $ ~ t?r) $ "=<f?rJ9.
1 LS I $ ~Ia::"$ o,77.r-~"
255 LFl$l~~~ 4~o ~
120 ~\::~:"~~~ ~ ,(
138 LF ! .;;.--
SFI$S~$ ~ ..."" eo
9285 5 a FI'T"
314 Irieh - 0 Aggregate B$e Dollars 11606 I $ 23<;> S 77 <7(~~
9 for SFI -
UniJock Eco stone Pavers on compacted l ..J
Aggregate Sase SF\${~ $ 20 A. -;;.- CC
10 for DoIIats 2831 -.-
. -Z 2 [, ~~l'~
Walln$taIIatIOn, WaR A 1$- $
11 ~ Dollars i L 1'1 .q
Wai Installation. W$II 8 i 0((,., r.l ~
12 for DoI1ars i Scj'(P-zo $
WaD Installation. Wall C I $3'~F;1 $ 2., - AI'
13 for Dollars ( ~ y~ l -- t-
WaD Installation, waJI D Dollars i $- ._~- $ CJ..r\ At'to. eel
14 for
WaD Installation, Wal E i $20Mc\~ ~ 7n 4 ~n. <<:;
15 for Dollars ''1" - J
~ Installation, Wall F Dollars 1$"701' $ -r07ls:>~i--
16 for
Walln'sfallation, Wan G i $ t~,~P; '" 1 ~~~!-
17 for OoIIars
~1.~WalIH Dollars I $A~tO $ A t9'D~ ~
18 for
! ....
WaD InstaUatlon. Wall I DoDars I$BI<)~ $ ~l_~~~
19 for
03/17/200& ION 13:0& FAX
NO DESCRIPTION
WaD Installation, ~ J Dollars
20 for
. Plantei' WaIs. WaI K
21 for DoIars
WaI 1nstaUation. wen L
22 for 00Iars
WaI Installation WaR M
23 for DoRars
Wd4 InstaDation WaI N
24 for Oolars
. Wallnstallatlon WaR 0
25 for Dollars
, WaIIlnstalatJon wan p
26 for Dollars
CUtb and Gutter Concrete Curbs
27 for OoRars
.Concre1a Planter Boxes
28 for DoDars
MISCELLANEOUS
~OO(/o.os
QTY. I UNrT I =
1$
I
AMOUNT
88
132
'?
Hadco Bollard RB30 32 * Inch BoIlarcI
29 for Dollars
cal Pipe Retraetable Bollards lBMR4080
30 for . . Dollars
Cole l\ghtlng 159 Series StepIltes
31 for Dollars 28
.. Meter Base - 200 Amps ServIce
'32 for ~
Storm Drains - 4W Sewer Pipe
~ .b ~ ~
. . "storm DrN1s - 6 . Sewer Pip&
34 for Dollars 1eo" LF
Metal Storm Drains
35 For Dolars 11
:Nea Drains
3G . Far Dollars 3 CA
Deer Fence With Gates
37 for Dollars 208 u=
BASE BID TOTAL $
42~) 183~
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PERFORMANCE BOND
Bond No. 08867197
The undersigned Batzer Inc. ~ as principal~
further referred to in this bond as Contractor~ and Fidelity and Deposit * . as surety,
further referred to in this bond as Surety~ are jointly and seve:I1~JIx bo~d ~to fitrio:{&shlfRduas d
obligee, further referred to in this bond as City, in the sum ofNg7160-~~_E~____~--~---~-~~!!_-~~~
Dollars ($ 380.000.00 ).
* Company of Maryland
Contractor and City have entered into a written contract dated April 8 2008 .
for the following project: Scenic Park Site Improvements. This contract is further referred to in this
bond as the Contract and is incorporated into this bond by this reference.
The conditions of this bond are:
1. If Contractor faithfully performs the Contract in accordance with the plans,
specifications and conditions of the contract within the time prescribed by the
Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is
null and void; otherwise it shall remain in full force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the
contract in accordance with its terms and conditions and pay to City all damages that
are due under the Contract.
3. This bond is subject to claims under ORS 279C.380 through 279C.390.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5. Surety waives notice of modification of the Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECnScenlc Park Development Bid Document 2 OB.doc
7.
Bond Number:
Bond Agent:
Address:
Telephone:
SIGNED this
WITNESS:
Page 18
The bond number and the name, address, and telephone number of the agent
authorized to receive notices concerning this bond are as follows.
08867197
John Klump. Anchor Insurance & Surety. Inc.
1201 SW 12th Avenue Suite 500
Portland. OR 97205
503-224-2500
9th
day of April
2008.
CONTRACTOR:
By:
Title:
Legal Address:
(Corporate Seal)
WITNESS:
Ba~
iss Ba zer, President
190 N. Ross Lane/pO Box 4460
~==O]
Attest: w' ia orate Secreta1j{J. Batzer
SURETY:
B:
(Corporate Seal)
Fidelity and Deposit Company of Maryland
-
Title: Tamara
Legal Address: 13500
Attest:
Corporate Secretary
John Klump AGENT/WITNESS TO SURETY
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PAYMENT BOND
Bond No. 08867197
The undersigned Batz.er rne. , as principal,
further referred to in this bond as Contractor, and Fidelity and Deposit * . as surety,
further referred to in this bond as Surety, are jointly and sev~lf bound unto Citviof Ash1andL8S d d
I' . tho b d C' . h ee .Hundrea E': gbty TIiousan an
ob Igee, further referred to In IS on as Ity, In t e sum 0 0 1 uO---------------------------
Dollars ($ 380.000.00 ). * Company of Maryland
Contractor and City have entered into a written contract dated April 8 2008 ,
for the following project: Scenic Park Site Improvements. This contract is further referred to in this
bond as the Contract and is incorpora.tOO into this bond by this reference;
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the time prescribed by the Contract,
and promptly makes payment to all claimants, as defined in ORS 279C.600 through
279C.620, then this obligation is null and void; otherwise it shall remain in full force and
effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly remedy the default, perform all of Contractor's obligations under the contract in
accordance with its terms and conditions and pay to City all damages that are due under
the Contract.
3. This bond is subject to claims under ORS 279C,600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
5. Surety waives notice ofmodiflcation of the Contract or extension of the Contract time.
6. Nonpayment of the bond premium shall not invalidate this bond.
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7. The bond number and the name, address, and telephone number of the agent authorized
to receive notices concerning this bond are as follows:
Bond Number:
Bond Agent:
Address:
Telephone:
SIGNED this
WITNESS:
(Corporate Seal)
WITNESS:
(Co11)orate Seal)
08867197
John Klump, Anchor Insurance & Surety, Inc.
1201 SW 12th Avenue Suite 500
Portland, OR 97205
503-224-2500
9th
day of April
2008.
CONTRACTOR: B~__
T:~: ~~;-, President
Legal Address: 190 N. "Ross Lane/pO Box 4460
Medf d OR
Attest:
SURETY:
By:
Title:
Legal Address:
Attest:
Fidelity and Deposit Company of Maryland
!:~~. ::.~~~TJ.-
116
Corporate Secretary
John Klump AGENT/WITNESS TO SURETY
G:\pub-wrks\eng\dept-admln\ENGINEER\PROJECnScenic Park Development Bid Document 2 OS.doc
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, . are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date e, Ods by nominate, constitute
and appoint John D. KLUMP, James P. DOONEY, Gene DlETZM ~E a BRUNING, Vicki
MATHER, Philip O. FORKER, Tamara A. RINGEISEN , a. " gon, EACH its true
and lawful agent and Attorney-in-Fact, to make, exe " ' . er~ as surety, and as its act and
deed: any and all bonds and underta . no f tl ndertakings in pursuance of these
presents, shall be as bin~ing u , as ~a intents and purposes, as if they had been duly
executed and ackno~ ill~la the Company at its office in Baltimore, Md., in their own
proper persons. ThiU11 0 a issued on behalf of John D. KLUMP, James P. DOONEY, Gene
DIETZMAN, Karenh~, . RUNING, Vicki L. NICHOLSON, Philip O. FORKER, Tamara A. RINGEISEN,
dated August 23, 20~~\.J'0
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January,
A.D. 2005.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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Eric D. Barnes
By:
Assistant Secretary
William J. Mills
Vice President
State of Maryland } sS'
City of Baltimore .
On this 26th day of January, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
\.,\\,\III"II,~
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Constance A. Dunn Notary Public
My Commission Expires: July 14,2007
POA-F 180-7308
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
r~produced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever aopearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding llpon the Company with the same force and effect as though manually affixed."
TN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this
9th
day of April
2008
~o--l~:< flt/vt~6
Assistant Secretary
Page 21
CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
( a) The number shown on this form is its correct taxpayer ill (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 defmed in the contract
documents, and has checked four or more of the following criteria:
V (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.
V (2) Commercial advertising or business cards or a trade association membership are
purchased for the business.'
V (3) Telephone listing is used for the business separate from the personal residence listing.
~ (4) Labor or services are performed only pursuant to written contracts.
y' (5) Labor or services are performed for two or more different persons within a period of one
year.
V' (6) I assume fmancial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or
liability insurance relating to the labor or services to be provided.
~ WILLIAM D. JESCHKE 04/08/09
OFFIC!ft Date
Inc.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECl\Scenic Park Development Bid Document 2 OB.doc
Form W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
Check appropriate box: 0 Individual/Sole proprietor Corporation 0 Partnership
o Limited liability company. Enter the tax classification (D=disregarded entity. C=corporation, P=partnership) ~ _. _ _ _ . _
o Other (see instructions) ~
Address (number, street, and apt. or suite no.)
o
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Business name, if different from above
7501
IN
o Exempt
payee
Requester's name and address (optionaQ
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
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
your employer identification number (EIN). If you do not have a number, see How to get a TfN 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 must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax retum. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign
Here
Signature of
U.S. person ~
General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Purpose of Form
A person who is required to file an information retum 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 ~
Lj-g-o'g
Definition of a U.S. person. For federal 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,
Form W-9 (Rev. 10-2007)
Cat. No. 10231X