HomeMy WebLinkAbout2008-128 Contract - Batzer
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CITY OF ASHLAND
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
Contract made this g~<.. .. day of Aft', L~ between the City of
Ashland, ("City'') and~q",;,?:~:~'CJ.. "(Contractor'').
, . ,
City and Contractor agree:
1. Contracf DOcuments: This contract is made as a result of an -.AavertiSemen1: 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 detinedin the Advertisement for Bid and Contractor's bid, this COlltract shall take
precedence over tll,e 90ntract documents, which shall take precedence over th~_bid.This contract
and attached exhiblfieoDstitute the entire agreement between theparties.:~Nt+Waivet, 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. 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 & 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. Performanae and Pavment Bonds: Contractor shall, within five days after execution of
the contract and prior to doing any work under the contract, to the City of Ashland in a
form and with a surety satisfactory to City in the penal sum of.;,. .... . conditioned upon the faithful
payment and performance of this contract upon the part of the Contractor as required by ORS
279C.380.
5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
employees and 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, Contractors
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:
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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 contractors protective insurance and comprehensive
automobile liability including owned and non-owned automobiles. The liability under each policy
shall be a minimum of $1 ,000,000 per occurrence (combined single limit for bodily injury and
property damage-elaims)or $1,000,000 per occurrence for bodily injury and-$I-OO,oOO 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 Automoblle-Liability. Automobile liability insurance with a combined single limit,
or the equivalent, of 1l9t less than $1,000,000 for each accident for BodilyJqjury and Property
Damage,including-c{lverage for owned, hired or non-owned vehicles,:asappUcable.
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 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. ComDliance with Law:
7.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
regulations, rules and ordinances of federal, state, City and city governments with respect to the
services "including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and
279C.530.
7.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs work
under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in
anyone week, except for persons who are excluded or exempt from overtime pay under ORS
653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
7.3. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor has
workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured
employer, Contractor shall provide City with a certificate of insurance. If Contractor is a self-insured
employer, Contractor shall provide City with a certification from the Oregon Department of
Insurance and Finance as evidence of Contractors status.
7.4. Any claim, action, suit or proceeding (collectively, ''the claim") between the City-
(and/or any other or departmerifofthe 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. It: 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~ircumstances:
8.1If 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 of the project, or shall neglect or refuse to remove materials or perform anew
such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the
work.
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 againstthe 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 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 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 for thefunding-proposed for
payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by
CentraGter-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:fheuther party written notice of the breach andintenttoterminate~ 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 of the essence for Contractor's performance of each and every
obligation and duty under this contract. City by written notice to Contractor of default or
breach, may at any time terminate the whole or any part of this contract if Contractor fails
to provide services called for by this contract within the time specified herein or in any
extension thereof
c. The rights and remedies of City provided in this subsection (10.4) are not
exclusive and are in addition to any other rights and remedies provided-by law or under
this contract.
10.5 ObliszationlLiabilitv of Parties: Termination or modification of this contract
pursuant to subsections 10.1, 10.2, 10.3 and-l0.4 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 fmance 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. Prevailinll Walle 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. Livin2 Wa2e Rates: If the amount of this contract is $17,342.00 ot(inore, 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. Assi2l1ll1ent 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. Governinll 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 contlict of laws,
rules or doctrines. Any claim, action, suit or proceeding (coll~ively, "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 AITACHED EXlDBITS CONSTITUTE
THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF TInS 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 WRlTIEN, NOT
SPECIFIED HEREIN REGARDING TInS CONTRACT. CONTRACTOR, BY SIGNATURE OF
ITS AUlHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HElSHE HAS
READ TInS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS
TERMS AND-CONDITIONS.
16. Prior Aooroval Reauired: Approval of the City of Ashland Council or Public Contracting
Officer is required before any work may begin under this contract.
Russ Batzer
Printed Name
Its: President
Title
Batzer Inc.
Company Name
Address: 190 N Ross Ln
PO Box 4460
Medford, OR 97501
CITY OF ASHLAND
By: Lee~e~~rT,
Finance Director
REVIE~S TO CONTENT:
By: _;----
Deparbnent Head Date: t.{ /iJ~".J
REI
By: j
Legal Department .. --: -
Coding:
(For Cit;y use only)
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CITY OF ASHLAND
ASHLAND PARKS AND RECREATION
CONTRACT CHANGE ORDER NO. 1
PROJECT:---- Scenic Park Improvements
LOCATION: North Main & Scenic Drive, Ashland
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:
------ DATE: April 8, 2008
PROJECT NO.:
Item No. Description Quantity Unit Price Amount
#28 Concrete Planter Boxes $6,810 Deduct by $5,750
#30 Cal Pipe Retradable 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 aD provisions of the contract will
apply.
Recommended By:
Approved By:
Inspector:
/~ c~
Parks: Steve Gies
Date
Accepted By:
B~~_.
C ntractor .
~'&IUV. ~adW-
Date
ASHLAND PARKS AND RECREATION
340 S. Pioneer Street
Ashland. O18gOll97520
www.ashland.or.us
C:\[)oa"nen1s and Settings\dyssegs\Desktop\Change order for Scenic Park project.doc
Tel: 541-488-5340
Fax: 541-488-6006
TTY: 800-735-2900
r.,
03/17/2008 ION 13:08 FAl
Q 003/005
ADDENDUII NO~
REVISED BID SCHEDULE
SCENIC PARK IMPROVEMENTS
N01
DESCRIPTION
MobUIzation and Traffic Control
8
Bases
3141nich - 0 Aggregate SaM
; for
Unibck Eco stone Pavers en compacted
Aggregate Sase
10 for
WaI~ WalIA
11 for
'Wit I~ Wall B
12 for
WallnstaIIation. Wall C
13 for
WallnsfaIation. WeD D
14 for
WaD Installation, WaI E
15 Jot
~ Installation. WaD F
16 for
Wallris1aDa6on. WaD G
17 for
W@l1.~ Wall H
18 for .
WalllnstaDation. WaDI
19 for
DollarS
DollarS
Dt*n
DoIIQ
0018'8
8285
DoUars 11606
Dollars 2831
DoIIal'8
DoIIari
Dollars
DoDars
Dollars
Dollars
00Iar'$
DoUars
Dollars
NItJUNT
C!(';)
-
1
1 q---.---
Erosion Con1roI
_ 2 for
sit8 Work
~and GrubbIng
3 for
GenefII ~atIon and Grading
. 4 for
Wearing Surfaces.
Canci&ta CurbIUow StrIp and VIal(
5 for
ConcndB Steps 20 at 6 inches
e for D9Iars
Landscape steps 34 (8x8 presstn treated)
for - . Dolen
7
Par1Iand Ca1cndB 1300 PSI" inch ihick siIBwaIIcs
for DoIn
255
120
138
SF I $ 2>":> s
.1$ $
03/17/Z0~~ 11:UI '11
'II Y"~I ......
NO DBcNkiPl10N Q'N. '"" UtITPRICE AMOUNT
(FIGUAI!B)
Wallnlt~"\ ~ J DoIara $
20 for
. Planter W1IIIs. WaI K DoIars
21 far 6
WIt ~. Wall L DoIars
22 fat
~ Inatal4t1on WaI M
23 for DoIar5
WalInsIa~ WaI N
-24 - .for DoIacs
WalInstaIatlon WaI 0
25 for Dollars
Wall blStaldon WtD P
26 fer Dollars
curb and GuIer ConcreIe Curbs
%1 for DoIars 88
. .Ooncref&' PIner Boxes '?
28 for Dolats 132
MISCELLANEOUS
Hadoo BoIanf RBSO S2 % Inch 80IIrtJ
29 for eoa.ra
O!II PIpe ReCractabIe BoIIards LBMR4080
30 ... .. DoIMs 4
CollI l.Ighdng 159 s.tes stBpIiIBI Dollars
3 for 28
..... Base - 200 Amps ServIce DollarS
'32 for 1
Stonn Drahs -~ Sewer Pipe
S3 .fer DoIIsr$ 490
'SkWrn DreInI- 6 · Sewer Pipe Dolin
34 for 1EW1 LF
Metal Storm Draine
35 For. DolEn
we. DtaIns Dollars
as . For 3
Deer Fenc. WIth Gates
37 ,for Dollars 208 u=
BASE BID TOTAL $ 4'2~ ~
183--
)
Page 17 .
PERFORMANCE BOND
Bond No. 08867197
The undersigned Batzer Inc. , as principal,
further referred to in this bond as Contractor, and FideJJ.ty and Deposit * . as surety,
further referred to in this bond as Surety, are jointly and seveWII bo~d :mfYiot~dbas d d
obligee, furtberreferred to in this bond as City, in the sum om8}Y80-~~-!!____8__l__~..!!!!__!!!_
Dollars ($ 380 ,000. 00 h_k .
* 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 prescdbed by the
Contract, as required by ORS 279C. 380 through 279C38St then this obligation is
null and void; otherwise it sball 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.
S. Surety waives notice ofmoditication oftbe Contract or extension of the Contract
time.
6. Nonpayment of the bond premium shall not invalidate this bond.
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7.
Bond Number:
---Bernd Agent:
Address:
Telephone:
SIGNED this
WITNESS:
Page 18
The bond nwnber 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: ~
T:; ~r, President
Leg~Address: 190 -N. Ross Lane/pO Box 4460
;;ii-.' -~2.Sn1
A~~: _ - -
W' i - -- . - SecrelaI)CJ. Batzer
(Corporate Seal)
wrINESS:
SURETY:
By:
Fidelity and Deposit Company of Maryland
~:: -- 'i:::\.~\aA-
a A. Rin~eisen\ ATT - N-FACT
Pacific S te 116
(Corporate Seal)
-
Title:
Legal Address:
-
Attest:
Corporate Secretary
John Klump' AGENT/WITNESS TO SURETY
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(
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Page 19
PAYMENT BONQ .
Bond No. 08867197
The undersigned Batzer Inc. . 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 sevemllI bo.~to fi~i otAsh~ as d d
obligee, further referred to in this bond 88 City ,JpJh.e J$YXn Qdl8YY8o-_~____a_~I___~_!!!!__!!!-
Dollars ($ 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. 'Ibis contr.ct is further referred to in this
bond as the Contract and is in~tei into this bond by this reference..
The conditions of this bond are:
1. If Contractor faithfully performs the Contract within the tiDle prescribed by the Contract.
and promptly makes payment to all claimants, as defined ill 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 dec1ared 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 tenns and conditions and pay to City all damages that are due under
the Contract.
3. This bond is subject to claims Wlder ORS 279C.600 through 279C.620.
4. This obligation jointly and severally binds Contractor and Surety and their respective
heirs, executors, administrators, successors.
S. 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
Portland, OR 97205
Telephone:
503-224-2500
SIGNED this
9th
day of April
2008.
WITNESS:
(Corporate Seal)
CONTRACTOR: ~_
TI~:~~r, President
Legal Address: 190 N. ~oss Lane/PO Box 4460
A~e1~01
i rate Secretary J. Batzer
(
WITNESS:
(Corporate Seal)
SURETY:
By:
Title:
Legal Address:
Fidelity and Deposit Company of Maryland
:~7::. ~::\~~TL~
~
Attest:
Corporate Secretary
John Klump AGENT/WITNESS TO SURETY
(
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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 y nominate, constitute
and appoint John D. KLUMP, James P. noONEY, Gene-DIET a BRUNING, Vicki
MATHER, Philip O. FORKER, Tamara A. RINGEISEN on, EACH its true
and lawful agent and Attorney-in-Fact, to make, e~ 0 as surety, and as its act and
deed: any and all bonds and underta. ~- f (lertakings in pursuance of these
presents, shall be as binding u , ,intents and purposes, as if they had been duly
executed and ackno~ the CoqIany at its office in Baltimore, Md., in their own
proper persons. TIu~a issued on behalf of John D. KLUMP, James P. DooNEY, Gene
DmTZMAN, Karen~~, UNlNG, Vicki L. NICHOLSON, Philip O. FORKER, Tamara A. RINGEISEN,
dated August 23, 20~~
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 subscn"bed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January,
A.D. 2005.
ATIEST:
FIDELITY AND DEPOSIT COMPANY QF MARYLAND
Eric D. Barnes
By:
Assistant Secretary William J. Mills .-
'JtjiJ
1
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Vice President
State ofMaryIand } sS'
City of Baltimore .
On this 26th day of January, AD. 2005, before the subscn'ber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WIT..LIAM 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 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.
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Constance A. Dunn Notary Public
My Commission Expires: July 14, 2007
POA-F 180-7308
Page 21
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 (il) 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."
y (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.
~~~ 04/pe/09
Contracto Date
Batzer Inc.
G:\pub-wrks\eng\dept-admln\ENGINEER\PROJECT\Scenlc Park Development Bid Documem 2 OS.doc
Fam W-g
Request for Taxpayer
Identification Number and Certification
Give fonn to the
requester. Do not
send to the IRS.
Enter your TIN in the appropriate box. The TIN provided must match the name given on Une 1 to avoid
backup withholding. For indMduals, 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 TIN on page 3.
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 withholcfmg, 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 instructIonL 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 return. 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 IndMduaJ retirement
arrangement (IRA), and~, 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.
~: I =::~ ~1ei!~
General Instructions
SectIon references are to the Internal Revenue Code unless
otherwise noted.
N.
CD
! Business name, If different from above
c
o
JI
~I
-!s
Q.i
u
8.
(t)
!
T r Identification Number N
o exempt--
payee
Requester's name and address (optlonaJ)
I-Ii
or
Date ~
~-g-o'8
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 ndes 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 8 partner in a .
partnership conducting a trade or business in the United States,
provide Fonn 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 withhokflllg
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. 10231X Form W-9 (Rev. 10-2007)
Purpose of Fonn
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 Oncluding 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 fonn 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.
1
gl-' I
DESIGN
6.. -='1'__1
. BUILD
t"U t:JUA 440U
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 TYpe Copies Date No. Description
other 2 4/8/08 Contract
Other 1 Bonds
Other 1 Certifications of Representation
rHESE ARE TRANSMITTED as checked below:
r FOR BIDS DUE
r Approved as submitted
r Approved as noted
r Returned for corrections
r Other
r Prints Returned After Loan to Us
r Resubmit _ copies for approval
r Submit _ copies for distribution
r Return _ corrected prints
r For approval
~ For your use
r As requested
r For review and comment
Remarks: Insurance Certificates to follow under separate cover.
Copy To:
From: Carrie Bfr..G; INC)
Signature: C. .,).fY\
Rec'd By
Signature:
If enclosures are not as noted, kindly notify us at once.
Page 1 of 1
------nr--T -----
c\TY RECORDER
Page 1 1 1
Ashland Park Commission
,1l;)~1Ite;
6/5/2008
I It '~tiitl
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 002956
BATZERINC
PO BOX 4460
MEDFORD, OR 97501
SHIP TO:
FOB Point:
Tenns: net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: Park and Recreation
Contact: Don Robertson
Confinning? No
THIS IS A REVISED PURCHASE ORDER
Contract work at Scenic Park
Total contract is $380,000
The first $300K is to be paid by the
City w/Parks SDC funds. The $80,000 is
to be paid by Parks CIP.
80,000.00
BILL TO:
SUBTOTAL
TAX
FREIGHT
TOTAL
E 411.12.00.00.70400
80 000.00
_______~~~_ b;{z>~/
~
ASHLAND
PARKS
. RECREATION
a
Order
REQUISITION FORM
Date of Request: I
Required Date of DeliverylService: I
THIS REQUEST IS A:
D Change Order(existing PO #
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
Jet tJLf I r{\G
· ~. ~o~ ~
ML- =%l ;~~o =:so/
SOLICITATION PROCESS
Small Procurement
o Less than $5,000
o Quotes (Not required)
Sole Source
o Written findings attached
Invitation to Bid
(Copies on file)
Reauest for ProDO..1
(Copies on file)
SDlcIaII ExemDt
o Written findings attached
Emeraency
o Written findings attached
Intennedlate Procurement
o (3) Written Quotes
(Copies attached)
CooDll'8llve Procurement
o State of ORmA contract
o Other govemment agency contract
o Copy of contract attached
o Contract #
Description of SERVICES
COYlh tteA- ~OV(k tL~ seenl~PtLrt. lo-k-l tontv-uC1
l~ JJ "3//0/ 000 I --rn ~- ~(~+~30DK .~ to be. p(;J &. by
D Per attached PROPOSAL {h t. C ( ~ LD1 p (J.J' ~ SOLfWt tlS. 1h~
P"t f tAl ~ C-1
Item" Quantity Unit Description of MATERIALS
TobIl Cost
Unit Price
Total Cost
o Per attached QUOTE
Project Number ______ - ___
Account Number!.1l-1~-.o..P-.PP- _:f.c1oo \
* Items and selVices must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request. (J
Employee Signature: SupervlsorJDept. Head Signature: V,-- A----
-----G' F~\Pl'lv~:vtl1rA\4CJ\l=nnno\g_.1eIIl.u. f.._ _.;....... ...__
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