HomeMy WebLinkAbout2008-072 Contract - Batzer
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CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this --.1?lj) day of ~'( ~ between the City of
Ashland, C'City") and 'B~e;.:.' ;~c..; "(Contractor").
"- ,
City and Contractor agree:
I. ContraaDOOUments: This contract is made as a remlfcif8ilAavemsement 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 defindditt the Advertisement for Bid and Contractor's bid, this CdtttfaCt shall take
pl'eCC!dence overt!J:~~ntract documents~which shall take precedence overthe.~id. This contract
and attached .eXhiblfs1 eoJiStitutethe.entire agreement between tbe"pames. cCNa!tiiver,' 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 aclaiowledges that he/she has read this contract, understands
it, and agrees to be bound by its terms and conditions.
2. Scone: 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. Perfonnance and PaYment Bonds: Contractor shall, within five days after execution of
the contract and prior to doing any work under the contract, ~ ~ds to the City of Ashland in a
fonn and with a surety satisfactory to City in the penal sum of,~lffl:i" conditioned upon the faithful
payment and perfonnance of this contract upon the part of the Contractor as required by ORS
279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and agents hannless from any:and all losses, claims, actions, costs, expenses, judgments,
subrogations, or other damages resulting fiom 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 perfonnance of this contract by Contractor (including but not limited to, Contractor's
employees, agents, and others designated .by Contractor to perfonn 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 tenn of this
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$I,OOO,OOO per occurrence (combined single limit for bodily injury and
property damage-claims)-or $1,000,000 per occurrence for bOdily injury and-$l-OO,OOO per
occurrence for property damage. Liability coverage shall be provided on an "occurrence" not
"claims" basis.
6;2. - -W-orlt~r~-:-C-ompensation. Worker' s compensation~~ce-in-eoIDpliance with
ORS 656.017, which~equires subjectemployers to provide Oregon work~rs'.;compensation coverage
for all their subject workers.
6.3 An~o...obileLiability. Automobile liability insurance with a.combinedsblgle limit,
or the equivalept, QL~9t less than ,$1;000,000 for elaCh accidellt. .fQrj3Q4ilyJqjury and Property
Damage,-includi!lg-~J;ageJor owned, hired or non-owned vchi~les,.{~74lpplj;~~.,.
The City of Ashland, its officers, employees and agents shall be named as additional insureds on
each required ~ce policy. Contractor shall submit certificates of insurance ~table 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 bas 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, ContractQr 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 of the 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-completioll of the project, or shall neglect or refuse to-removematerials or perfonn anew
such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the
work.
8.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act
ofbankruptcy'arin$olvency, or allow any final judgment to stand against'theContractor unsatisfied
for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.
manner.
8.3 From any other cause whatsoever, shall not carry on the work in an acceptable
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 perfonn 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 tenns 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 perfonnance, if any.
10. Tennination:
10.1 Mutual consent. This contract may be tenninated at any time by mutual consent
of both parties.
10.2 City's Convenience. This contract may be tenninated 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 tenninate 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 forthe.funding-proposed for
payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by
. n -Gentraeter-to-provide.the services required by this contractfer-any-reasen-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~;Otherparty written notice ofthebreachandmtentto~;.Iftheparty
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 of the essence for Contractor's performance ofeach and every
obligation and duty under this contract. -City by written notice to Contractor of default or
breach, may at any time terminate the whole or any part of this contract if Contractor fails
to provide services called for by this contract within the time specified herein or in any
extension thereof.
c. The rights and remedies of City provided in this subsection (10.4) are not )
exclusive and are in addition to any other rights and remedies provided by law or under
this contract.
10.5 ObligationlLiabilitv of Parties: Termination or modification of this contract
pmsuant to subsections 10.1, 10.2, 10.3 and 10.4 above shall be without prejudice to any obligations
or liabilities or either party already accrued prior to such termination or modification. However,
upon receiving a notice of termination (regardless whether such notice is given pursuant to
subsections 10.1, 10.2, 10.3 and 10.4 of this section, Contractor shall immediately ceased all
activities under this contract, unless expressly directed otherwise by City in notice of termination.
Further, upon termination, Contractor shall deliver to City all contract documents, information,
works-in-progress and other property that are or would be deliverables had the contract been
completed. City shall pay Contractor for work performed prior to the termination date if such work
was performed in accordance with the Contract.
11. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget.
Contractor understands and agrees that City's payment of amounts under this contract attributable to
work performed after the last day of the current fiscal year is contingent on City appropriations, or
other expenditure authority sufficient to allow City in the exercise of its reasonable administrative
discretion, to continue to make payments under this contract. In the event City has insufficient
appropriations, limitations or other expenditure authority, City may terminate this contract without
penalty or liability to City, effective upon the delivery of written notice to Contractor, with no
further liability to Contractor.
)
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12. Prevailin2 Wasz:e 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. . LiViiisz Wasz:e Rates: If the amount of this contract is $17,342.00 ot'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 perfonns 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. Assi2l1lD.ent 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 Fonn without
written consent of the City, or by following the procedures ofORS 279C.585 and OAR 137-049-
0360. .
15. Governin2 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 fonn 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: TIllS CONTRACT AND AITACHED EXHIBITS CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT.
MODIFICATION OR CHANGE OF TERMS OF TIllS CONTRACT SHALL BIND EI1HER
PARTY UNLESS IN WRITING AND SIGNED BY BOrn PARTIES. SUCH WAIVER,
CONSENT, MODIFICA nON OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE
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SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. lHERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITI'EN, NOT
SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF
ITS AUlHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HFJSHE HAS
READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND-CONDmONS. ____n_
16. Prior ADDroval Reauired: Approval of the City of Ashland Council or Public Contracting
Officer is required before any work may begin under this contract. .
:~~-
CITY OF ASHLAND
By: ~ X'-..~ d'
~.. T\u.1e-1Jerg:::'c::i',,;j.',,; ? ')
Finance DirectOr :':~ ..
Russ Batzer
Printed Name
REVIE{p; ro. C,..ONTENT, .' :
By: r--
Departnlent Head Date: lfItL16J
REVIE~
By:
Legal Department " . ': . ',., .' ..
Coding:
)
Its: President
Title
Batzer Inc.
Company Name
Address: 190 N Ross Ln
PO Box 4460
Medford. OR 97501
(For City use only)
)
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CITY OF ASHLAND
ASHLAND PARKS AND RECREATION
CONTRACT CHANGE ORDER NO. 1
PROJECl:--u. Scenic Park Improvements
LOCATION: North Main & Scenic Orive, Ashland
CONTRACTOR:- Batzer, Inc.
You are requested to perfonn the following described work upon receipt of an approved copy of this
document or as described by the Park Superintendent: ..
--- DATE: April 8, 2008
PROJECT NO.:
Item No. _
Description
Qua'ltity
Unit Price ... . ...
#28
#30
#37
Concrete Planter Boxes
Cal Pipe ~etractable Bollards
Deer Fence with Gat8$
$6,810
$10,273
$43,326
Amount
Deduct by $5,750
Deduct by $6 460
Deduct by $36 973
($49,183)
Total this Change Order
Previous Change Order
Revised Contract Total
..,
$380,000
The time provided for completion of this contract is increased.~ no calendar days. This
document shall become an amendment to the contract and ~n provisions of the contract will
apply.
Recommended By:
Inspector:
/~c~
Parks: Steve Gies
Date
Approved By:
I{- j.. r
Date
Accepted By:
B~~
C ntractor .
~ '&lu.v, ~a&et\)-
Date
ASHlAND PARKS AND RECREATION
340 S. Pioneer street
Ashland, Oregon 97520
....ashllnd.or.us
Tel: 541-48U340
Fax: 541~
TIY: 800-735-ml
~.~-
03/17/2008 ION 13:08 FAX
~003/005
ADDENO'UII NO.3
REVISED BID SCHEDULE
SCENIC PARK IMPROVEMENTS
)
tIC) ~ q1'Y. i UtIT ~l fWIJU(r
..._....... .,
....-.. ---
llIobUlzatlon and Traffic Control
1 f!:l.r.---- -- DollarS 1 LS $ 1-:1 _ .043' $ - -J'~A 2~
Erus10n Control , _lil\l ~ il ~~l~~
2 tot DollarS 1 18
Slt8Work
-, .<..
Cltin_UI1C:\ ~ DaIar8 T I.'~;,;, $ '.':i: lr?r-:12
3 for I.S ; ~ rA")
GenefII ExcMtIon and GracIlng $~-,a: ~{ZlD~1-
4 for DoIQ 1 La
Wearing SUrfaee$
eancn... ec.wow SIrfp and Wak DoIn u= I $ 12;~ ~~..~..4~
5 far 2SS .--.-..-,
ConcndB steps 20 at 8 incheS ~ u=t SAo~ $ A............, ~
6 tor 120 ....-.-
lBldsIc8p6 Sf8pSI34 (8lCB presue tnIatIId) lJI\ $2i~ $ ~l~ ~..~.. ,
7 for - . DcIarS 138
Par1Iand Ca1cnd8 ~ PSI 4 inch thick eiiBwab _ $5~ $ 5a.~ 7::'7fD
8 for' . , ,.'.. DoID 8285 .
Bases
3141rich -OAggregata BaM 11608 s2~ . ?_f -,{~ g:,
8 for Dol.. IF
UnDock ~ stone Pavn en conlpected ! -oJ
~Ile Base .\$,!.L , 20^ ._~
10 for DollarS 2831 --
WaI~WalA $- $ ZZ -,,~'!
11 for DoIa1'S L"~
'Wiall~ Well B DoIIar8 $ -~(P'26 $ Orf to r.t. J ~
12 fer
WBIInsfaIaIion, W8I C '~l':';~ $ '2.. ( q 9;1
13 for DoIlD
WaI ~ W8II D Dollars $..... ......- $ e;"rl ~^ ~
14 for
WallnstBIaIJon, WalE $20~" ~ '7" A ...... ae
15 for. Dollars
~ InstaIatIon. WaD F Do1Iara '701' $ loiCo~~
16 for
WslIrisIaIIa6on. WaI G I'~ h t ~ C)3PJ'-
17 for 00Ilar$
W@I{~ WaD" Dol.. $A(" uS $ A (otC>~ ~
18 for
WallnstaIIatIon. WaR I l$ef,)~ $ e l ~(1) ~ (-
19 for DoDars
M<'
)
.
i
i
\
I
.
)
WaI~WalJ
20 far .
. Plamei'VhIs, WaI K
21 far =-
WaI~weaL
22 for
- J/J.tIIIW:aId:m WaI ...
23 fur
WelIrFtddion WaI N
- -24 _I)r
\Val Jrp::b1ptJon WaI 0
25 for
WaIIlnstalatlon WeD P
26 fur
CUtb 8nd Gutf.er ConCNlIa Curbs
%T for
. Concrete PInlr Boxes
28 for
MISCElLANEOUS
H8dco BoIIanf RBSO S2 ~ Inch 80IIanS
29 far. DaIIanI
C8I ~ RecractabIe BoIIards LBMR4080
3O.tr .. ~
Cola LIghdng 158 Sertes SlBpIteI
3 for Dolan
" .... Base -200 AmpI SQc:e
. 32 for . DoIIIn
8tonn Drans -4" Sewer Pp.
S3 .far. ~ <4SO
'Sbm DrPw-6. Sewer Pipe
34 for Dolin
Metal Storm Drains
35 Far DoIara
03/17/!OO~ _-olfu:oa FAl
NO
DElBCRIF"rION
Dobra
DoIars
DoIars
DoIars
DoIar5
Dollars
DaIIln
00Iars
DoIars
~ Dtains
as .~
Deer Fence WIIh G8tes
37 tar
PolIn 3
~Oo(/G05
lHTPRIOE
QTY. \HT (FIGUAIS)
*
'?
DcIars 208
BASE BID TOTAL $
..
4"2~ 183~
.)
Page 17
PERFORMANCR BONQ
Bond No. 08867197
The undersigned Batzer Inc. , as principal.
.-_n further referred to in this bond as Contractor, and Fi.dJl1ty. and Deposit * . as surety,
further referred to in this bond as Surety, are jointly and seveWl bo~d ~fYi ot~~as d d
obligee, further refened to in this bond as City, in the sum om8 f50-!!~!..--!8__l:..~!L!~_
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 tile contract within the time prescn'bed by the
Contract, as required by ORS 279C. 380 through 279C.38S, then this obligation is
null and void; otherwise it sbaU rCmain in fuU force and effect.
2. If Contractor is declared by City to be in default under the Contract, the Surety shall
promptly ~edy the de1iwIt, pcrfonn 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 ORB 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-wrfca1eng\dept-aclmln\ENGINEER\PROJEC1\ScenIc Perk ~ Bid Doaumert 2 08.d0c
~age 18
)
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 Nwnbcr:
. --'Bond Agent:
Address:
08867197
John Klump, Anchor Insurance &-Surety, Inc.
1201 SW 12th Avenue Suite 500
Portland, OR 97205
Telephone:
503-224-2500
SIGNED this
9th
day of April
2008.
(Corporate Seal)
CONTRACTOR:
1": ~~, President
Legal Address: 1 9 ON _ Ross Lane I PO 'Box 4460
WITNESS:
~~01
AlIosI: W. ~ -,.-- -=~. Batzer
( )
Title:
Legal Address:
--=>
WITNESS:
(Corporate Seal)
SURETY:
By:
-
r-
Attest:
Corporate Secretary
John Klump' AGENT/WITNESS TO SURETY
(
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Page 19
PAYMENTBO~
Bond No. 08867197
The undersigned Ba tzer Ine. . as principal,
further referred to in this bond as Contractor, and Fidelitv and Deposit * . as surety,
further referred to in this bond as Surety, are jointly and seve I bound tmfn CitYiof Amthmlll as d d
bl' furth C_..1 . tho bo d C' . th .Hun:drecf~j ~btv-~O\isan an
o 19ee, er re.lti41~ to m 18 D as Ity,m__-.-J!..IYm Q 0 _________&::_,____________
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 refo1Ted to in this
bond as the Contract and is in9Q1'p01'eJe4 into this bond by this reference;.
The conditions cifthis 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 obligatlonjointly 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.
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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:
08867197
John Klump, Anchor Insurance-& Surety, Inc.
1201 SW 12th Avenue Suite 500
POTtland, OR 97205
Telephone:
503-224-2500
SIGNED this
9th
day of April
2008.
WI1NESS:
(Corporate Seal)
CONTRACTOR: B~. .. _
By:.. . ..
TItle:~ ss Ba zer, President
Legal Address: 1 90 N. 'Ros sLane IpO Box 4460
.Attest:~~J. Batzer
( )
WITNESS:
(Corporate Seal)
SURETY:
By:
~
Title:
Legal Address:
Fidelity and Deposit Company of Maryland
~:::. ::::\~~1L'
~
Attest:
Corporate Secretary
John Klump AGENT/WITNESS TO SURETY
(
G:\pub-wrkslengldept-admln\ENGINEER\PROJECT\ScenIC PIl1t Development BId Document 2 OS.doc
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY TIIESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by WILUAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary,
in pursuance of authority granted by Article Vl, 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 y nominate, constitute
and appoint John D. KLUMP, James P. noONEY, Genei}IET a BRUNING, Vieki _____
MATHER, PhUip O. FORKER, Tamara A. RINGEISEN on, EACH its true
and lawful agent and Attorney-in-Fact, to make, e as surety, and as its act and
deed: any and all bonds and underta dertakings in pursuance of these
presents, shall be as binding u , intents and pUIposes, as if they had been duly
executed and ackno the Company at its office in Baltimore, Md, in their own
proper persons. a issued on behalf oCIohn D. KLUMP, James P. DOONEY, Gene
DmTZMAN, Karen~.~, UNlNG, Vicki L. NICHOLSON, Philip O. FORKER, Tamara A. RINGEISEN,
dated August 23, 2~~\JU
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 fon:e.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscnbed 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 9F MARYLAND
Eric D. Barnes
By:
Assistant Secretary William J. Mills
I
. /~-'f;J~
t
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State of Maryland }SS'
City of Baltimore .
On this 26th day of January, A.D. 2005, befote the subscnber, a Notary Public of the State of Maryland, duly
Ct\nnnl'isioned-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
descn"bed 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 deposetb. 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 subscn"bed 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.
Vice President
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Constance A. Dunn Notary Public
My Commission Expires: July 14, 2007
Page 21
CERTmCATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that:
(a) The number shown on this form isJ.tS-correct taxpayer In (or is waiting for the number to_bL_
issued to it; and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholdiItg .
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 (ill) 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:
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.
v' (4) Labor or services are performed only pursuant to written contracts.
~ (5) Labor or services are performed for two or more different persons within a period of one
year.
V" (6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or
liability insurance relating to the labor or services to be provided.
~QIl=::.w.~ 04(OB/Q9
Contracto Date
Batzer Inc.
G~\eng\dept-admln\ENGINEER\PROJECT\Scenlc p_ 0ewIIapmer( BId Documeri 2 OS.doc
Fam W-g
(Rev. October 2007)
~ fIItheT-.y
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N8ITIe (u lIhown an yo!r Income tu mum)
2;
Business _, If dlfJwenl from above
Request for Taxpayer
Identification Number and Certification
Enter your TIN in the appropriate box. The TIN prollided must match the name given on Une 1 to avoid
backup withholding. For InclMduals, 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 TlN ~n page 3.
Note. If the account Is in more than one name, see the chart on page " for guidelines on whose
nurmer to enter.
Certification
Under penalties of perjury, I certify that
1. The number shown on this fonn 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 notlflecl by the Internal
Revenue Service ORS) that I am subject to backup withholding as a result of a fa/lure to report all interest or dlvicIends, or (e) the IRS hIS
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 Instruotions. You must Cl'QSS out Item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have faBed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secur&d property, cancellation of debt, contributions to an Indlllidual retirement
arrangement ORAl, and generally, payments other than Interest and dividends, you are not required to sign the Certification. but you must
provide your COl'1'8Ct TlN. See the Instructions on page 4. .
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General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
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55
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List account Rlmberfs) '-e (optional)
er Identification Number N
Give tann to the
requester. Do not
send to the IRS.
o Exempt_
payee
Requester's name ancIlIddr-. (optional)
I~ii
or
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 8ssoclation 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 Mes tor parb1ershlps. Partnerships that conduct a
trade or business in the Unftecl 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 Unltecl States.
provide Fonn W-9 to the partnership to establish your ~.S.
status and avoid withholding on your share of partnership
income.
The person who gives Fonn W-9 to the partn~ip for
purposes of establishing its U.S. status and avoldang withholding
on Its allocable share of net Income from the partnership
conducting a 1racIe 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. 10231X Form W-9 ".1o-2l107)
Purpose of Fonn
A person who is required to file an Infonnation 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 Oncludlng a
resident alien), to provide your correct TIN to the person
requesting It (the request~ and, when applicable, to:
1. Certify that the TlN you are gMng 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 fonn other than Fonn W-9 to
request your TIN, you must use the requester's fann If It Is
substantially similar to this Fonn W-9.
I BATZE ~I
DESIGN. BUILD
Batzer Inc.
PO BOX 4460
MEDFORD, OR 97501
Ph : 541-773-7553
CCB.132902
Letter of Transmittal I
To: Steve Gies
ASHLAND PARKS AND RECREATION
340 S. PIONEER ST
ASHLAND, OR 97520
Transmittal #: 2
Date: 4/1512008
Job: 9216-08 ASHlAND SCENIC PARK
Ph: (541)552-2252 Fax: (541}488-5314
Subject: CONTRACT & BONDS
WE ARE SENDING YOU
r Shop drawings
r Copy of letter
r Attached
r Prints
r Change order
r Under separate cover via None the following items:
r Plans r Samples
r Specifications r Other
Document Twe Copies Date No. Description
other 2 4/8108 Contract
other 1 Bonds
Other 1 Certifications of Representation
rHESE ARE TRANSMITTED as checked below:
r For approval r Approved as submitted
J;;1 For your use r Approved as noted
r As requested r Returned for corrections
r For review and comment r Other
r FOR BIDS DUE r Prints Returned After Loan to Us
r Resubmit _ copies for approval
r Submit _ copies for distribution
r Return _ corrected prints
Remarks: Insurance Certificates to follow under separate cover.
Copy To;
From: Carrie B'1" ~
Signature: L..
Rec'd By
Signature:
--... .. ~......... .....
~...... 1 ^, 1
CITY RECORDER
Page 1 1 1
rA'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
.DA1I'E
6/5/2008
I I
. PO tIIlJMiiER
08321
VENDOR: 008014
BATZER, INC.
POBOX 4460
MEDFORD, OR 97501
SHIP TO: Ashland Parks
CIO 90 N. MOUNTAIN
(541) 488-5354
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date:
Speclallnst:
Req. No.:
Dept.: ADMINISTRATIVE SERVICES
Contact: Don Robertson
Conflnnlng? No
Contract work at Scenic Park
Total contract is $380,000
$300K is to be paid bv SDC's, the
remaininQ amount to be paid bV Parks
CIP.
300,000.00
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
0.00
0.00
300,000.00
---~ ~
/--./ 6.~%.~
CITY OF
ASHLAND
REQUISITION FORM
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: r f..i I~l () i I
Required Date of Delivery/Service: r
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS
Small Procurement Invitation to Bid
o Less than $5,000 (Copies on file)
o Quotes (Optional)
Intennedlate Procurement
o (3) Written Quotes
(Copies attached) 0 Copy of contract attached
o Contract #
Description of SERVICES
COyj~CLCt ~";or k cJ Seenl L P/.LfK
-t-tr-hJ (otl"fYblL+ l~ Ji3"tO/coO.. ,
}' 300 \(. I ~ +u be- pal J b'i 8Dc ~
o Per attached PROPOSAL -H'1 L. ("em U,It i VI C( m p (.( n -+- to
b<. pO-leL by w/<..s c.:J.P, ,
Item # Quantity Unit Description of MATERIALS
Unit Price
Total Cost
o Per attached QUOTE
Project Number ~~Dl)J:t J. j ~O
Account Number jJ~ -Q3.~ . QQ. -lQgloO
· Items and services must be charged to the appropriate account numbers for the financials to reDect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public tracting requirements,
and the documentation can be provided upon request.
Employee Signature:
SupervisorlDept. Head Signature:
;.. .,.. .~
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