Loading...
HomeMy Public PortalAbout2020.10.08 Falvey Construction Contract Brown ParkTHIS AGREEMENT, is being made and entered into this A day of -e-20 200and between The Cit of McCall (hereinafter, "OWNER") and I e ° t L (hereinafter, "CONTRACTOR"): NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ,ARTICLE 1. "CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement betweenthe OWNER or City and the Contractor concerning the ' cork to be performed are this Contract as defined by the following: . Rid Documents titled, BROWN PARK SLOPE STABILIZATION IMPROVEMENTS 2. Standard general Conditions of the Construction Contract, 2017 ISPWC (Idaho Standards for Public Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive). 3. Rid Proposal (Section ) of the Contractor, dated 2020 to be physically attached to this Contract; . The Construction Plans (6 sheets; S. Agreement (Section ) . General Conditions (Section S) 7. Supplementary Conditions (Section 8. Technical Specifications (Section 7) 9. Special Provisions (Section R) 10. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract 1. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice of Award b. Notice to Proceed. c. Written Amendments. da Work Change Directives. . Change Orders, f. Substantial completion certification g. Final completion certification . Addenda issued prior to opening of bids. 13. - Public Works Contract Report for Idaho State Tax Commission a This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. The Work is generally described as follows: BROWN PARK SLOPE STABILIZATION IMPROVEMENTS. ARTICLE 3. PROJECT MANAGER and PROJECT ENGINEER 3.01 The City of McCall Parks & Recreation Director (Project Manager), is to act as the OWNER's representative and assume all duties and responsibilities, and have the rights and authority assigned to "OWNER" in the Contract Documents in connection with the completion of the "Work" in accordance with the Contract Documents and the General Conditions of the Idaho Standards for Public Works Construction (ISPWC). 3.02 The project has been designed by Horrocks Engineers and the project will be inspected by the City of McCall, which is to act as the OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to "Engineer" in the Contract Documents in connection with the completion of the "Work" in accordance with the Contract Documents and the General Conditions of the Idaho Standards for Public Works Construction (ISPWC). ARTICLE 4. CONTRACT TIMES/LIMITATIONS 4.01 Milestones Completion of the slope stabilization by November 20", 2020. 4.02 Substantial Completion The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. The project site will be available to the Contractor for project implementation on or around October 12, 2020 or when weather conditions permit, and only after approval of the Project Engineer. The work to be performed pursuant to this Contract shall be substantially complete within 30 working days after Notice to Proceed. The project will be considered "Substantially Complete" when all the slope stabilization improvements are complete, and the shoreline is open for public use. 4.03 Final Completion The work shall be finally complete and ready for final payment, in accordance with Paragraph 14.07 of the ISPWC General Conditions, within 10 working days of the date of Substantial Completion Certification. 21 BROWN PARK SLOPE STABILIZATION IMPROVEMENTS 4.04 Working Hours Work can be performed 5 days a week (Monday through Friday) for a period of 12 hours (7:00 am to 7:00 PM) per day. Adjustment of the contract time can be made in accordance with the provisions of the Contract Documents as directed by the Project Engineer, Public Works Director, or the OWNER. Requests to perform work outside of these hours should be submitted to the Resident Project Representative, for approval, at least 3 days in advance. 4.05 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraphs 4.01 and 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the ISPWC Section 100 General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1200.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete and in paragraph 4.03 for Final Completion until the Work has been approved as complete by the Engineer. ARTICLE S. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amount Of Three Hundred Eighty Six Thousand & One Hundred Twenty Five ($ 386,125.00) in current funds equal to the sum of the amounts determined pursuant to the CONTRACTOR's Bid Proposal contained in Bid Form, Article 5, Section III. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Contractor shall provide an example Application for Payment submittal to the Project Engineer at the start of the project for review and approval. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 30th day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously 22 BROWN PARK SLOPE STABILIZATION IMPROVEMENTS made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage): and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.8.5. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 5% per annum. ARTICLE 8. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer -employee relationship is established between the Contractor and the OWNER by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the OWNER for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 9. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE 10. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the Owner, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. 23 BROWN PARK SLOPE STABILIZATION IMPROVEMENTS ARTICLE 11. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Manager, and the OWNER. ARTICLE 12. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the OWNER. ARTICLE 13. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any,of'fHie5L'statutes or regulations by the Contractor shall be deemed material and shall subject the Contract& tp.tgijnation of this contract for cause. No pleas of misunderstanding or ignorance on the part oftht+Contractor will in any way serve to modify the provisions of this requirement. The Contractor anAiS surety slW%ndemnify and save harmless the OWNER and the City of McCall and its employees, age nt!F,.aad:rep&to4ives against any claim or liability arising from or based on the violation of any such laws;."c'pdes,dMiinances, or regulations, whether by himself, his employees, or his subcontractors. %�� ARTICLE 14. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 15. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. 24 BROWN PARK SLOPE STABILIZATION IMPROVEMENTS ARTICLE 16. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Falvey's LLC P.O. Box 710 McCall, ID 83638 Owner: City of McCall 216 E. Park Street McCall, Idaho 83638 IN WITNESS WHEREOF, said Contractor and the OWNER or City has caused this Contract to be executed on the day and year first above written. Contractor- Owner: by: Mathew Falvey, Owner 40 I ON Robert S.z4wMayor or. X, .§ 4 S CT:� -4- sieJo Walfber, City Cie Approved As To Form: William F. Nichols, City Attorney ACKNOWLEDGMENT On this day of 2020, before me, a Notary Public of the State of Idaho, personally appeared in his/her official capacity as known to me to be the person described in the above document and acknowledged to me he/she executed the same. SEAL Notary Public restding at My COMmission expires 25 BROWN PARK SLOPE &rABILIZATION IMPROVEMENTS ARTICLE 16. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Falvey's LLC P.O. Box 710 McCall, ID 83638 Owner: City of McCall 216 E. Park Street McCall, Idaho 83638 IN WITNESS WHEREOF, said Contractor and the OWNER or City has caused this Contract to be executed on the day and year first above written. Contractor: Owner: by: Mathew Falvey, Owner �*�����i,,Robert S. , Mayor -�' �AT ST: % Iw s l $3sieJo Walfher, City Cle Approved As T William F. Nichols, City Attorney ACKNOWLEDGMENT On this day of 2020, before me, a Notary Public of the State of Idaho, personally appeared I in his/her official capacity as , known to me to be the person described in the above document and acknowledged to me he/she executed the same. SEAL Notary Public residing at My Commission expires 25 BROWN PARK SLOPE STABILIZATION IMPROVEMENTS THIS PAGE LEFT BLANK INTENTIONALLY FOR DOUBLE SIDED COPYING. 26 BROWN PARK SLOPE STABILIZATION IMPROVEMENTS 3 BIDDERS PROPOSAL ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to the City of McCall. This bid is for the Project titled: BROWN PARK SLOPE STABILIZATION IMPROVEMENTS ARTICLE 2 — BIDDER'S INFORMATION 2.01 BIDDER's Name: rQ 1 v BIDDER'S Idaho Public Works Contractor License No.: Pwd -C—I 1p�l (p— -A 4 License Expiration Date: .4 —U—'-J I BIDDER's Business Address: P6. 3°y, -71 D fthe-&a{r (y e3039 BIDDER's Business Phone No.:_ 0f-fQ-j4—'?VoZ BIDDER'S FAX No.:k)JA BIDDER'S Email Address: ARTICLE 3 — BIDDER'S ACKNOWLEDGEMENTS This proposal is submitted as an offer by the undersigned to enter into contract with the City of McCall, McCall Idaho, hereinafter referred to as the "OWNER" for the BROWN PARK SLOPE STABILIZATION IMPROVEMENTS project, specified herein, and which construction documents are on file with the Public Works Department, 815 N. Samson Trail, McCall, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the OWNER to the terms and prices herein submitted. 1. All project specifications and drawings have been examined by the undersigned and their terms and conditions are hereby agreed to. The undersigned certifies that he/she has received or made himself/herself aware of any and all existing site conditions that may affect the proposed work. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds and insurance certificates, as required by the specifications, in the full amount of the contract price within the BROWN PARR SLOPE STABILIZATION IMPRO\ EMENTS time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the OWNER shall have the right to accept or reject any bid as the OWNER deems to be in their best interest. 7. The undersigned agrees to order all necessary equipment and materials within a period of three (3) days after Notice to Proceed has been issued by the OWNER. 8. The undersigned, as a BIDDER, acknowledges that Addenda Number through have been delivered to him/her and have been examined as part of the contract documents. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-10 of the Instruction to Bidders. 10. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of bids. The city has a set budget for this project that cannot be exceeded. Once bids are opened and the apparent low bidder is identified, the City reserves the right to eliminate or reduce any items they deem necessary to stay within budget. There will be no compensation to the Contractor for the elimination of items of work. The Contractor is advised to provide balanced bids for all items of work. ARTICLE 4 — BIDDERS'S CERTIFICATION 4.01 BIDDER certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. ARTICLE S — BASIS OF BID/BID SCHEDULE 5.01 BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Bid Item Item Description Spec Reference Quantity Unit Unit Price Total Amount 1 Removal of Obstructions 201.4.1.C.1 1 LS 2000•00 ; OOO. 00 2 Removal of Rock 201.4.1.D.1 400 SY 40,00 14006.00 3 Removal of Landscaping 201.4.1.D.2 250 SY 1 Z, 0,0 3000.00 BROWN PARK SLOPE STABILIZATION IMPROVEMENTS 9 Bid Item Item Description Spec Reference Quantity Unit Unit Price Total Amount 4 Removal of Gravel 201.4.1.D.3 1100 SY 4t O0 ! .q 00.00 5 Removal of Asphalt 201.4.1.D.4 200 SY Z0.00 4.0 p0. O0 6 Removal of Pipe 201.4.1.G.1 50 LF 10.00 00 7 Excavation 202.4.1.A.1 1800 CY 2S, a d f t' f o w 8 Unsuitable Material Excavation 202.4.5.A.1 SO CY f0,¢0560,0 1. 9 Dust Abatement Water 202.4.8.A.1 200 MG , .00 - 00.00 10 Loose Riprap Dso=15" 206.4.1.H.3A 700 CY Q46W,06 11 Loose Riprap D50=15" 206.4.1.H.3B 300 CY to(91-00 3Itgao.06 12 Stabilized Construction 1001.4.2.6.1 1 EA 00 �,t?O 0- 00 Entrance 13 Silt Fence 1003.4.1.C.1 510 LF 3.00 ��j 0.00 14 Fiber/Straw Wattles 1003.4.1.G.1 510 LF .4, 00 Q per. 00 1s Traffic Control Barricades, Type ID[) 1103.4.1.C.1 2 EA Do F, p pt?- D D 16 Traffic Control Barricades, Type III' 1103.4.1.C.2 2 EA 00.00 1,000 c� 17 Traffic Control 1103.4.1.).1 6 MH I ��' 0 0 Maintenance 18 Riprap/Erosion Control 2050.4.1.B.1 2000 SY �i, DO jQ000 Geotextile 19 Small Boulders - 30" - SP-lA 100 CY rJtoo .O BROWN PART. SLOPE STABILIZATION IMPROVEMENTS 10 Bid Item Item Description Spec Reference Quantity Unit Unit Price Total Amount 20 36m�all Boulders - 30" - SP-1B 200 CY �•d O I �� ADO UD 21 Medium Boulders - 36" - SP-2A 100 CY �j5.00 �500.00 48„ 22 Medium Boulders - 36" - SP-26 400 CY IO15oU �,� 000 OV 23 LLa0rge Boulders - 48" - SP-3A 200 CY 24 Large Boulders - 48" - SP-3B 550 CY 17.0.00 60 25 Landscape Repair SP-4 1100 SY i0 •oo 11000. 00 26 Decomposed Granite SP-5 200 SY Ejj-DO J a J ODD. cc Pathwa Y 27 Surveying SP-6 1 LS 46,00, ZSoO.OZ) Directed Survey 28 (Contingency SP-7 1 CA S000 5000.0D Allowance) 29 Temporary Fencing SP-8A 150 LF 6.06 7 6 O , O O (Chain Unk) 30 Temporary Fencing SP-86 500 LF 3. 00 1, 500.0� (Oranee Construction) 31 Turbidity Curtain SP-9 600 LF 2-0•00 IZ000.0D 32 Planting Soil SP-10 100 Cy 2�•00 4500.0z) 33 Mobilization 2010.4.1.A.1 1 LS 4400 xa g000•a0 r BID (Sum of Items 1 through 33) TOTAL (Amount) = 55 600.Qz) / BID TOTAL (Words): �� � �• % �' �!� BROWN PARE: SLOPE STABILIZATION IMPRO\ EMENTS 5.02 BIDDER will complete the Bid Alternate #1 Work in accordance with the Contract Documents for the following price(s): Bid Rem hem Description Spec Reference Quantity Unit Unit Price Total amount 1 Medium Boulders 36" — 48" SP-213 60 CY .ZOO.00� / �• .AD 2 Large Boulders 48" — 60 SP-3B 60 CY Ad0.00 l Zf CaG1G.A7 3 Reduction in Loose 2010.4.1.A.1 70 CY _75•o0 — 5 z Saco Riprap Dso = 15" BID (Sum of Items 1 through 3) TOTAL (Amount) = 1 "1 6 0 _V 0 Alt #1 BID TOTAL (Words): 5.02 BIDDER will complete the Bid Alternate #2 Work in accordance with the Contract Documents for the following price(s): Reim Rem Description Spec Reference Quantity Unit Unit Price Total Amount 1 Medium Boulders 36"— 48" SP-2B 30 CY ,ZDO.O D t. , wo • co 2 Large Boulders 48" — SP-313 30 CY di QQ •D0 QDD ,U 60„ 3 Reduction in Loose 2010.4.1.A.1 35 CY ....� Jr• GO —Zfv • O Riprap Dso = 15" BID (Sum of Items 1 through 3) TOTAL (Amount) Alt #2 BID TOTAL (Words)�—n4 "OaAa 1 Mom' BROWN PART: SLOPE STABILIZATION IMPRO\ EMENTS 12 ARTICLE 6 — BID SUBMITTAL 6.01 Submitted on "k . 20a0 6.02 This Bid is submitted by: An Individual Name (typed or printed): By: (individual's signature) Doing Business As: A Partnership Partnership Name: By: (Signature of general partner— attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: Fe, IV[-Ld State of Incorporation: I efo-� O Type (General Businvs, Professional, Service, Limited Liability): L4-C By: — attach evidence otAthority to sign) t` Name (typed or printed): Gi%t� ( V Title: (CORPORATE SEAL) Attest: BROWN PART: SLOPE STABILIZATION IMPROVEMENTS 13 A Joint Venture Title: Title: Name of Joint Venture: First Joint Venture Name: (SEAL) By: (Signature of first joint venture partner — attach evidence of authority to sign) Name (typed or printed): Second Joint Venture Name: (SEAL) By: (Signature of second joint venture partner — attach evidence of authority to sign) Name (typed or printed): (Each joint venture must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above. BROWN PART: SLOPE STABILIZATION IMPROVEMENTS 14 UAKOL, *AMM1,T1111[C1*1;M1J .14(olk1k I J_T4q is], 0 Per Idaho Code, 67-2310, BIDDER shall include in his or her Bid the names and address, and Idaho Public Works Contractor License Number of the Subcontractors who shall, in the event the Bidder secures the Contract, subcontract for plumbing, heating and air-conditioning work, and electrical work under the general Contract. Because no plumbing, heating and air conditioning work is required for this project, such subcontractors shall not be listed. In addition to subcontractors for electrical work, provide the names and addresses of the additional subcontractors, suppliers, individuals or entities called for in the Instruction to Bidders (include Idaho Public Works Contractor License Numbers for any subcontractors) Additional Subcontractor Name and Address Additional Subcontractor Name and Address 010e Additional Subcontractor Name and Address 4 It, Public Works License Number Public Works License Number Public Works License Number BROWN PARK SLOPE STABILIZATION IMPROVEMENTS 15 ARTICLE 8 — NON -COLLUSION AFFIDAVIT BROWN PARK SLOPE STABILIZATION IMPROVEMENTS McCall, Idaho CONTRACTOR'S NON -COLLUSION AFFIDAVIT STATE OF IDAHO Valley County /j4 A4-he'&'P a I"�-�'Sl being first duly sworn, deposes and says that he/she is tom' of rA(VGttiiJ k4A� the party making the foregoing bid; that such bid is not d in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any bidder, nor to fix any overhead, profit, or cost element of such bid price, nor that of any other bidder, nor secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true, and, further, that said bidder has not, directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any individual, except such person or persons as have a partnership or other financial interest with aid bidder in is general business. Signed. Title: I �T Subscribed and sworn to before me this ( G day o40L 20 �v •�•N•••••� `mil •u,RY •`':yam % A Notary Public for ON . _ Residing at: �1••._OF___.••�� My Commission Expires: .. 3 BROWN PARE, SLOPE STABILIZATION IMPROI'EMENTS 16 ARTICLE 9 - BID BOND 1. BIDDER (Name and Address): Falveys LLC PO Box 710 McCall, ID 83638 2. SURETY (Name and Address of Principal Place of Business): The Ohio Casualty Insurance Company 175 Berkeley Street Boston, MA 02116 City of McCall 3. OWNER (Name and Address): 216 E. Park Street McCall, ID 83638 4. BID: Bid Due Date: September 15, 2020 Description (project name and location): Brown Park Slope Stabilization Improvements Project McCall, Idaho S. BOND Bond Number: N/A Date: September 10, 2020 Penal Sum: Five Percent of Bid Amount $ 5.0% of Bid Amount (Words) (Amount) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. 6. BIDDER Falve 's LLC Bidder's Name and porate By: Signet re - - /'0" Print Name Title Attest: Signature Title SURETY TASOMCMWAyWoKinsurance Company (Seal) d Cor ore a Seal By. Signature Jennifer Grenrood Print Name Attomey-in-Fad Title BROWN PARK SLOPE STABILIZATION IMPROVEMENTS 17 Attest: Signature Ellie Peck, Witness Title Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to In writing by OWNER) the executed Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1.OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by OWNER, or 3.3.OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. S. Surety waives notice of and any and all defenses based on or arising out of anytime extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suitor action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. B. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, BROWN PARK SLOPE STABILIZATION IMPROVEMENTS Is commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal. BROWN PARK SLOPE STABILIZATION IMPROVEMENTS 19 9 w m u This Power of Attorney Nmb the acts of tine named herein. and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company l i 111 c1 i The Ohio Casualty Insurance Company Certilicale No. 8203150 - 9621582 West American Insurance Company .tsi<r ry POWER OF ATTORNEY KNOWN ALL PERSONS By THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly oWized under the laws of the State of New Htmpshwe, that Liberty MAW h rasure Company a s corporation duty crWized under the taws of the State of Massachusetts. and Wass American Insurance Company is a aorporaborr duty orpaw under the tarns d the State of Indiana (herein odec** caned the lCompariesl paumit to and by authority herein set Iath, does Hereby name. constt►te and appoint lcunliliy efrrhuaut I the (lock, Kuryl A Richter, Artarnii Stokvvuker an of the city of I klixc state of t U each ndividualy I there be more than one named, is tue and lawful a8arney rn fact to make, execute, cued and deliver. for and on its behaN as exsety l un as its ad and deed, any and adertakings, horods, r000gnizances and other surety d*galias, vn pursuance d presents and preand snob be as tw*9 upon the Companies as it they have been duly sgned by the presiders and attested by the secretary of the Companies in thew own proper persons IN WITt1ESS WHEREOF, the pow of Attorney has bast subscribed by an authorized officer or oMcIW of pre Companies and tie corporate tads of (the Calipames have been afted anaretofh's ?uch divot i:cbrcauy 2020 Liberty Ambit Insurance Company stemR�- tr INN a� pasty The Ohio Casualty Insurance Company West A encxn insurance Company : 1912 1919 ' 1991 4 0 David M. Caraw Asmomt SarrAtary PENNSYLVAMA of MONTWKRY On Iris _uxih day of l Owtur . 2020 before me personally appeared David M. Carey, who adurovdadgod himsel b be the Assistant Secretary of Liberty Mutrai Companyrif DW Cai uSG C&ia pang. err AiWARIxwicarr Insurance Company. and that he. as such, being authorized so to do, execute the tareWmV instrument for too irrerain contained by aigrwg on betreH of tie corporalions by himself as a duty authorized offcer. IN wiTNESS WHEREOF, i have hereutlo subsaibsd my name and affixed my notarial seal at Karp of PruLsswa PainsylvanrQ on the day and year fret above maim COMMONwFALTH UM PgNWVLVAMA Mi;rai w.r iA�an M,.o.iygl Ai,tl Ap,'wreY t'.•rAY By: Any tiwwwerw f 4AI.al Mtl, h : tl : W 7. i uuwiM INylltyhAF1A`.t4MN.r11A µAAwla c4i v cc This Power of Atlorraey is made and executed pursuant to and by aulrodty of the following By4em cued AuMonzatorre or The Ohio Ca AJ* hnwranae company. Liberty Muktai � c Insurance Companyand west American Insurance Company which resotuions we now in lull face and effect rearing as blows: o % ARTICLE IV - OFFICERS: Section 12. Pow of Atlomey. �� Airy dker a other dkkl ot the Corporation auti rized for that purpose in wrting by the Chairman or the President and subject to such finntabolu as Ire Chairman or the -a a Resident may prescribe, drel appoint such eilameys irrdad, as may be necessary to ad in behet of the Corporation to make, execute, sod, aaarowtedgs and delver as surety S o any and an undertakings, bonds. recognimices and other surety obigafians. Such attorneys-irgad, subied to the Nnkeions sal tath in their respective powers d attorney. sham m r have rum poster to bind the Corporation by It* sowlit a and execution of any such instruments and to atfaadu thereto the Beef of the Corporation When so exrecuted, such N inssrumerns sham be as bmft as I dyed by the President and attested to by the Secretary. Arry power or sufiority granted to any repreeatative or atkxnay4n4ed older the provrrions of ibis curiae may be revoked at any time by fre Board, the Chairman, t* President or by the officer or officers granting such power or autrority. co a ARTICLE XM - Execution of Contracts: SKgm 5. Suety Buda and Undertakings. Any officer of tie Company authorized for that purpose ii writing by the dhdmmri or the president and subject to such knitaiais as it* dhakmwh or the president may prescribe, e ehal appoint such ant meysmku-tact has may be necessary to ed in behaK of the Company to make. axearte. east, acknowledge and deliver as surety any orld at undertakaga. boards, recogriftn ss and ocher suety obigsions. Such a ttornoys-fn-fad subject to the WAS11cns ad bath in their respective powers of Womey. Shen have lost power to bid the Company by teir signature end exam" of any such Instruments and to attain Mereto the sad of the Company. When so executed such Ins4wnents shal be as bko ft as if sgnsd by to President and attested by Ire secretary. Confect of Omngnatlon - The President of to Company, OWN pursuant to the Syiavra of the Company. authorizes David M. Carey. Assistant Secretary to appoint such atomoys sr twct as may be cocoa" so act an behaft of the Company to make, ezecuts, scat admowledge and deliver as an" any and all undertakings, bonds, recogrrzances and other surety - obligiefioris Authorizataun - By u ammom consent of foe Company's board of Directom the Company consents than facsimile or mechanically reproduced signabire a any assistant secretary of dire Company, wherever appearing upon a peeled copy of any power of attorney issued by the Company in connection wits surely bonds, shall be valid and brAq upon the Company wiM the same terce and allied as 11xx* manually shred i Renee C. Llewellyn, pre andersigrhed, Assistant Secretary, The Ohio casualty ksurance Company, Liberty Minuet Insurance Company, and west American ksurarim Commpany do thereby c>arity slat On oripinai power of attorney d which the bregdng is a full. true and clxred copy of the Power of A16aney executed by said Comp ernes, is in U force and ellect and has not been revoked �J� IN TESTIMONY WHEREOF, i Have hereunto sat (q herd end affixed the seats d acid Cori fenies do is �X d se. ym-be r as > s 1912 a 1919 d 1991 O ~d�eh a,xn` s rAa� x�V►ys By: Renee C. Uowekyri, Assistani�etwy 1 . � M • � L MS 1_4h7J LUN, OCIC WAIC MIA Co-12M9 A4 fORR CERTIFICATE OF LIABILITY INSURANCE �,....-� DATE(MWDO ") F 5/26/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERnFICATE HOLDER. IMPORTANT: it the certificate holder Is an ADDITIONAL INSURED, the pollcy{Ns) must be endorsed. It SUBROGATION IS WANED, subject to the tens and conditions of the policy, certain policies may require an endorsement. A statenint on this certificate does not confer rights to the certificate holder In Hsu of such endorsement(s). PRODUCSR Western Community Ire Co PO Box 4 M Pocatello, ID 83205-4848 CONTACT PFOST DAR I N - AA PHOM 208-401-0 i 2 F MS-232.3W8 E M4A comrnewte@kMns.com WWR s AFFOROM OOVOMM Mws IbMERA: V"em Community Ins Co 39519 e11SURED III IIIIIIIQII1111II1loll III IIIIIIIIIIIIIIIIIIIIIIii POBOXIN MCCALL 1D 83638 INSURER : INMRC: INSURER 6: I P COVERAGES CERTIFICATE NUMBER: REVISION NUMBER -AFC THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JaL TYPE OF ROURANCE POLICY NUMSER MaRpyl UltUrs A oEMBAL LUMILITY CONA ERCIAL Ge* RAL UABII.ITY CLAIMS.MADE [--xl OCCUR Y N 8No841D2 6/21/20 6/21/21 EACH OCCURRENCE s 1,000,000 pqE s 100,000 MED EXP Wry ww S 10,000 PER22NALAAOYMNY 6 1,000,000 GENERAL AGGREGATE s 2.000.000 2!2 'L AGGREGATE UMT APPLIES PER: Ix POLICY LOC PRODUCTS - COMWIOP AGO $ 2,000,000 s AREDAR)T06 AUTOMOBILE LIASILRY ANY AUTO MUTONEWS' ANaON I N N 8NO84102 6/21/20 6/21/21 NffUW— Me s i O-0--0A 000 8001LY INAMY (Pre pwson) S 8001LYINMY(Psreoddsno S s UMRELLA LIAR EXC888L" OCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DED IONS s 1400KERS COMPENBAT001 AND BMN.DYVW LIAMOUTY Y r N ANY PROPRETpRIPARTNERIE(ECUnVE a OFFICERlMEMBEREXCLUDED? 11dandgwy In NH) OE9CRI wM TK7N8 below N ! A W STATU- OTH TORY (d ELL EACH ACCIDENT S EL DISEASE - EA MKOY s E.L 01SEASE - POLICY UMn S DESCRIPnM OF OPERATMM 1 LOCATIONS I VEHVAS (Altwh ACORD I81. Addhbnsl Remwh Schedule, R more spree Is required) Refer to IOCG 236(03/07) Exclusion of Coverage for Structures Built Outside of Designated Areas Endorsement - Copy attached. III I I I I I I I UI I III I I I I I I I I I 1 I I oil 1 I I 1 I I I I I I I I I I II I Ii CITY OF MCCALL BUILDING DEPARTMENT MCCALLPA10 83638 SHOULD ANY OF THE ABOVE DESCRIBEO POLICJE& BE CANCELLED ICE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROWSIONS. AUTHORIZED REPRESENTATIVE s=-^9//-0 RWKLI ZO (NT VRID) W 1840MIC ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID- _ LOC #: A O ADDITIONAL REMARKS SCHEDULE Page Of AGENCY Western Community Ins Co NAMEDINSURED FALVEYS LLC PO BOX 710 MCCALL ID 83638 POucraUMBER CARRIER NAIL CO EFFECTIVE DATE; THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: CITY OF MCCALL is listed as an CG 20 1 O (07/04) FORM TITLE: BUILDING DEPARTMENT additional insured per endorsements The ACORD name and logo are registered marks of ACORD ►_lil0[:f.T" "T,I --9014 o=Ac Ro CERTIFICATE OF LIABILITY INSURANCE 020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. tf the cartiflaft holder Is an ADDITIONAL INSURED, the poky(ies) must he endorsed. N SUBROGATION tS WAIVED, subject to the Mane and conditions of the policy. Certain policies may require an endorswenL A statement on this certificate does not confer rights to the aroficate holder in lieu of such endorsamert(s). PRODUCER 59 WCT Farm Insurance Brokerage CO Inc . 208-232-7914 PO Box 4848 E Pocatello, ID 83205-4848 INSURE AFFORDIN OIWpERA: PMURM Falveys LLC Falveys Earthworks PO Box 710 •IµIRER e : INSURER c : INSURER I); Idaho State Insurance Fund 36129 INSURER E t McCall, ID 83638 INSURER F MVFRAr:FA CFRTiN:ATF NIIYSLFR• RFVL%Mtd NI/MRFR- THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE POLICY NIMAI/RA1 LAWS GENERA. Likes" COMMERCNL GENERAL LOMITY CLASISiMDE ❑ OCCUR EACH OCCURRENCE S {jiEREN`TED p S MED EXP AI a 3 PERSONAL & ADY INJURY $ GENERAL AGGREGATE S oEIR AGGREGATE Lear APPLIES PER: OR116 POLICY LOCI PRODUCTS • COMP/OP AGO S S AUTOMOBILE LIABILITY A�K�YpAUTTO AUTOS Ep NAUTOS LEED HIREDAUTOS AUTOS SCHEDULED D ; Sooty INJURY 01w P w I, S LU BODILY ORY Mw ars3dw) S E S s IrIeReLLA Lw ExCESe Lw DEAR C 04IMS4 ADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENSIONS S D WORKERS COMMUMTNON AM EMPLOTOW LIABILITY ANY PROPRETdIRARTSIrd4EJ0ECU7NE Y 1 N ICIRWIMIER EKZLUCEW S Yak dtlaia Uwff T pw M 1 A 616985 07/01 /2020 07101/2021 x TA Tlf- EA EACH ACCIDENT S 100,000 E.L. DISEASE - EA EMPLOVEEI S 100,0w EL DISEASE . POLICY Leer I S 500,000 OEDCRWWM OF OPERATIONS A LOCATIONS A VEHICLES tAllaok ACORD101, AddMoad RMaMks ScNodioK E amra spoor ra alquead► CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of McCall ACCORDANCE WITH THE POLICY PROVISIONS. 216 E. Park St. AUTHOR@G REPRESENTATIVE McCall, ID 83638 ACORD 25120101081 01988.2010 ACORD CORPORATION. All rk*its reserved. The ACORD name and logo are registered marks of ACORD. Idaho'Tax Commission WH-5 Public Works Contract Report Sections S*4W4,A and $3-3"9), Idaho Code, require oil Public Mrks Contracts to be re;iorted to the Tait ComrMaslon. Tlas:/orm must be filed with the Ux Commission within 30 days after a contract is awarded. Contract awardad by'(DUWX hotly end address) Gonbract awarded to (eaibecWs r>grne *Ad address) fate of incorporation Fetlaral Employer I entificafionNumber (EIN) Date qual ed to do business in Idaho $usiners operates as Cf Sete proprietorship 0 Partnership C Corporaf'son 0 Lt_C Public Worxs connector ianae numbar Sol* Ompnetor"s Sociel.se rwmbw idallo aarealuse tax pemM number IdahowNibdiding tax pemA number Awanlin9 a0e+Ky Project number �M�ourttof c owad Description and lorAboin of work to be pattonmad Schedoled project start date: Completion date: 1f the foU Wing infQnrrW on.is not available at this tirna, please indicate elate it will be: MON Address Public works cw**c r number City, state. Zip 0 LLC ❑ Corporation Amount or subcontract 0 Sole eroorietorshIn 0 Partnanihio 1 S MIL-711a Er000tse os•+�ae Use the space below to report, major suppliers of materials and supplies; items removed from inventory; equipment purchased, tented, or teased for use in project; materials provided by government agency. Please indicate how sales or use tan was paid. Name £ederaF EIN Total value .r+ Address Matertais and equiWard.pwChasad and used city, state, ZIP ptwrie Ca Tax paid to supplier 0 Tax paid to slate' G No tax paid Name Federal EIN Totatvalue Address Materials and equlpmem purchased and used city, state, ZIP Phone C! Tax pant to supplier ❑Tau paid to state" fl Na tax paid Name Federal EIN Total value Address Materials and equipmentpuMhased and used city, Stow ZIP Phone ci Tax paid to supplier Q Tax paid to state' 0 No tax paid Name t Federal EiN Total value Address Materials and equipment purchased and used city, State. ZIP Phone D Tax paid to supplier O Tax paid to state O No talc paid " If tax was not paid to suppliers btitwas or will be reported as 'items subject to use tax" under your permit number, indicate period of return on which payment was orwill .be reported:. . if tax was paid to a state other than Idaho, name state next WOW value" bom(es) above. If tax isdue and has rill previously boon reported, attaeh.payment to this form. if you need more room, please photocopy this page. SIGN A ed ar�i8tum Print name hone numberto MERE File wMAfte Idaho State Tax.Commission, PO Box 36, Boise ID 83722-2210. For more information, call (208) 334-7618. Form W-9 Request for Taxpayer Give form to the (Rev. November2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name (as shown on your income tax return) d rn m C- Business name, if different from above c 0 q d C o Individual/Exempt box: ❑ Sole El Corporation ElPartnership ❑ Other ► __________________ from backup ❑ Check appropriate proprietor withholding Address (number, street, and apt. or suite no.) Requester's name and address (optional) •� c a� City, state, and ZIP code to List account numbers here (optional) m MIMI Taxpayer Identification Number (TIN) 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 TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 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. 1 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. 1 am a U.S. person (including a U.S. resident alien). 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 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 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 I Signature of Here U.S. person ► Date ► Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. 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. In 3 above, 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. For federal tax purposes, you are considered a person if you are• • An individual who is a citizen or resident of the United States, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 11-2005) Form W-9 (Rev. 11-2005) • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments (after December 31, 2002). This is called "backup withholding." Payments that may be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 instructions on page 4 for details), Page 2 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules regarding partnerships on page 1. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name" line. Limited liability company (LLC). If you are a single -member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Treasury regulations section 301.7701-3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. Check the appropriate box for your filing status (sole proprietor, corporation, etc.), then check the box for "Other" and enter "LLC" in the space provided. Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exempt From Backup Withholding If you are exempt, enter your name as described above and check the appropriate box for your status, then check the "Exempt from backup withholding" box in the line following the business name, sign and date the form. Form W-9 (Rev. 11-2005) Page 3 Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Exempt payees. Backup withholding is not required on any payments made to the following payees: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt recipients listed above, 1 through 15. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt recipients except for 9 Broker transactions Exempt recipients 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions Exempt recipients 1 through 5 and patronage dividends Payments over $600 required Generally, exempt recipients 2 to be reported and direct 1 through 7 sales over $5,000 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. z However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(f), even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees; and payments for services paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, �Iour TIN is your IRS individual taxpayer identification number TiN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -owner LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter your SSN (or EIN, if you have one). If the LLC is a corporation, partnership, etc., enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.socialsecurity.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS-4 from the IRS by visiting www.irs.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Writing "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8. Form W-9 (Rev. 11-2005) Page 4 Part II. Certification What Name and Number To Give the To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt recipients, see Exempt From Backup Withholding on page 2. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. Privacy Act Notice Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account account) or, if combined funds, the first individual on the account' 3. Custodian account of a minor The minor e (Uniform Gift to Minors Act) 4. a. The usual revocable The grantor -trustee' savings trust (grantor is also trustee) b. So-called trust account The actual owner' that is not a legal or valid trust under state law 5. Sole proprietorship or The owner' single -owner LLC For this type of account: Give name and EIN of: 6. Sole proprietorship or The owner a single -owner LLC 7. A valid trust, estate, or Legal entity ° pension trust 8. Corporate or LLC electing The corporation corporate status on Form 8832 9. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 10. Partnership or multi -member The partnership LLC 11. A broker or registered The broker or nominee nominee 12. Account with the Department The public entity of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. z Circle the minor's name and furnish the minor's SSN. J You must show your individual name and you may also enter your business or "DBA" name on the second name line. You may use either your SSN or EIN (if you have one). If you are a sole proprietor, IRS encourages you to use your SSN. List first and circle the name of the legal trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules regarding partnerships on page 1. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.