Attachment F Sample Construction Contract.pdf

CITY OF REDMOND CONTRACT NUMBER: 2021-57

CONTRACTOR: PAGE 1

CITY OF REDMOND CONSTRUCTION SERVICES CONTRACT

CONTRACT NO. 2021-57, Project: SC2101

This Contract is between The City of Redmond (City) and ___________ (Contractor). The parties agree as follows:

Effective Date and Termination Date. The effective date of this Contract shall be September 14, 2021, or the date on which each party has signed this Contract, whichever is later. Unless earlier terminated or extended as provided in the Contract Documents, the termination date shall be December 31, 2021.

Statement of Work. Contractor shall perform the Work described in Exhibit 1.

Payment for Work. City agrees to pay Contractor up to $________ in accordance with the Contract Documents.

Contract Documents. The Contract Documents include this cover page, the Contract and its Exhibits as listed in the chart below, the documents identified in Section 1.1 below and all other items referenced in the definition of “Contract Documents” and as defined in the General Conditions.

FORM DOCUMENT PAGES

Exhibit 1 Bid/Bid Documents

C Independent Contractor Certification 1 D Resident Bidder Statement 1 E State Law Compliance Statements 1 F First Tier Subcontractor Disclosure Form 1 G Proposal 3 H Non-Collusion Affidavit 1 I Prevailing Wage Compliance Statement 1 J Contractor’s Experience Questionnaire 2 K Contractor’s Equipment Listing 1 L Drug Testing Policy Statement 1

Exhibit 2 Insurance & Bond Requirements 2 Exhibit 2A Certification Statement for Corporation or Independent Contractor 1 Exhibit 2B Workers’ Compensation Certification 1 Exhibit 3A Payment Bond 2 Exhibit 3B Performance Bond 2

CONTRACTOR DATA

Contractor Mailing Address (remit of payment and notices):

Construction Contractors Board license #: ___________

Is Contractor a nonresident alien? Yes No

Federal Tax ID# or Social Security #: __________________

A Federal tax ID number or Social Security number is required to be provided by the Contractor and shall be used for the administration of state, federal and local tax laws. Payment information shall be reported to the Internal Revenue Service under the name and Federal tax ID number or, if none, the Social Security number provided above.

Note: Contractor must sign all applicable Exhibits.

INSURANCE/BOND DOCUMENTS REVIEWED ________ _________

SAMPLE

CITY OF REDMOND CONTRACT NUMBER:2021-57

CONTRACTOR: PAGE 2

CITY OF REDMOND CONSTRUCTION SERVICES CONTRACT

CONTRACT NO. 2021-57, SC2101

This Agreement is made as of September 14, 2021, by and between the CITY OF REDMOND, a municipal corporation of the state of Oregon, hereinafter referred to as “CITY”, and _______________, a corporation, hereinafter referred to as “CONTRACTOR”. Contractor desires to provide services for the Senior Center Solar Panel Project, and the CITY desires to obtain such services from the Contractor. Except as otherwise provided in this CONTRACT, the Scope of Services are to be completed by December 31, 2021.

The signing of this Agreement by CITY and CONTRACTOR authorizes Contractor to carry out and complete the services as described below and in accordance with the City’s Notice to Proceed. CONTRACTOR in consideration of the sum to be paid by the CITY and of the covenants and agreements contained in the Contract Documents, agrees to perform all the Work and furnish all the materials, tools, labor, and all appliances, machinery and appurtenances for the Senior Center Solar Panel Project to the extent of the proposal made by the CONTRACTOR and agreed to by the CITY, all in full compliance with the Contract Documents.

1. SCOPE OF WORK:

The contractor will provide materials and services relating to the Senior Center Solar Panel Project, on at 325 NW Dogwood Ave, in the City of Redmond, Oregon, here and after referred to as “WORKSITE”.

1.1 INCORPORATED DOCUMENTS. The signed copy of the PROPOSAL, the BID BOND, the fully executed PERFORMANCE BOND and PAYMENT BOND, CERTIFICATES OF INSURANCE, PREVAILING WAGE RATES, the current City of Redmond Public Works STANDARDS AND SPECIFICATIONS, the GENERAL CONDITIONS and any SUPPLEMENTARY CONDITIONS, DESIGN STANDARDS and SPECIFICATIONS, the PLANS, ADDENDA and CHANGE ORDERS are by reference incorporated into this Agreement as if the same were fully set forth herein and are mutually cooperative there-with. Contractor shall coordinate services, progress reports and this Agreement through the following authorized City Employee:

2. PAYMENT:

In consideration of the faithful performance of the Work, as set forth in the Contract Documents, the CITY agrees to pay to the CONTRACTOR ____________________________, as that figure may adjusted in accordance with the General Conditions Section E and its subsections.

3. TERM:

Contractor shall commence the Work to be performed within one week of issuance of the Notice to Proceed and shall complete the Work on or before December 31, 2021, as herein incorporated.

4. CONTRACT DOCUMENTS:

In the event of a conflict between or among terms in the Contract Documents, the following order of precedence shall prevail: (a) Change Orders and any other written and signed amendment to the Contract; (b) the Agreement; (b) the Exhibits to the Agreement; (c) the invitation to bid or request for proposal; (d) the proposal and/or bid documents including the current City of Redmond Standards and Specifications. Nothing in this Contract shall be considered as an acceptance of the terms of a proposal if the terms of the proposal conflict or are otherwise incompatible with the express terms contained in this Contract and Attachments or in the City’s request for bids or proposals.

5. INSURANCE/BONDS:

Requirements are detailed in Exhibit 2. If Contractor at any time during the Contract Term should fail to secure or maintain insurance or bonds required in Exhibit 2, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and may deduct the cost of such insurance, plus a ten percent (10%) administrative fee or shall otherwise be compensated by the Contractor for the costs of the insurance premiums plus ten percent at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

6. TERMINATION: The parties may terminate this Contract as follows:

6.1 At any time by mutual written consent of both parties.

6.2 City may, at its sole discretion, terminate the Contract for its convenience, in whole or in part, upon thirty (30) days’ notice, in writing and delivered by certified mail or in person.

6.2.1 If City terminates the Contract for its convenience, City will pay Contractor for completed Work in accordance with the Contract Documents prior to the effective date of termination, however City is not required to pay Contractor for loss of anticipated profits or revenues or other economic loss arising out of or related to City’s termination.

CITY OF REDMOND CONTRACT NUMBER:

CONTRACTOR: PAGE 3

6.3 City may terminate the Contract, effective upon delivery of written notice to the Contractor, or at such later date as may be established by the City under any of the following conditions:

6.3.1 City funding is not obtained or continued at levels sufficient to pay for Contractor’s Work. The Contract may be modified to accommodate a reduction in funds.

6.3.2 If federal, state or City regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Contract or are no longer eligible for the funding proposed for payments authorized by this Contract.

6.3.3 If any license or certificate required by law, regulation or this Contract, including insurance, to be held by the Contractor to provide the services required by this Contract is for any reason denied, revoked, or not renewed.

6.3.4 Any termination of this Agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination.

6.3.5 The City by written notice of default (including breach of contract) to the Contractor may terminate the whole or any part of this Contract:

6.3.5.1 If the Contractor fails to provide services called for by this Agreement within the time specified or any extension of the Contract, or

6.3.5.2 If the Contractor fails to perform any of the other provisions of this Contract, or so fails to pursue the Work as to endanger performance of this Contract in accordance with its terms, and alter receipt of written notice from the City, fails to correct such failures within 10 days or such longer period as the City may authorize.

6.3.5.3 Contractor is subject to periodic criminal background investigations by City and, if such investigations disclose criminal activity not disclosed by Contractor, such non-disclosure shall constitute a material breach of this Contract.

6.4 Contractor may terminate this Agreement upon 30 days’ written notice to City if City fails to pay Contractor pursuant to the terms of this Agreement and City fails to cure within 30 business days after receipt of Contractor’s notice, or such longer period of cure as Contractor may specify in the notice.

6.5 If the City terminates this Contract and a court, arbitrator or other body with jurisdiction to consider the City’s termination determines that the termination was unlawful or improper, the City’s termination, to the maximum extent permitted by law, will be treated as a termination for the City’s convenience in accordance with Section 6.2 of this Agreement.

7. GOVERNING LAW/JURISDICTION:

This Contract is executed in Redmond, Oregon. This Contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, “Claim”) between City and Contractor that arises from or relates to this Contract shall be brought and conducted solely and exclusively within the Circuit Court of Deschutes County for the State of Oregon; provided, however, if a Claim shall be brought in federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. Any trial arising out of or related to this Contract will be presented to the court without a jury. CONTRACTOR, BY

EXECUTION OF THIS CONTRACT, HEREBY CONSENTS TO THE PERSONAL JURISDICTION OF SAID

COURTS.

8. INDEMNIFICATION HOLD HARMLESS:

Contractor and the City Mutually agree to indemnify the other party and its officers, directors, agents and employees from and against all claims, suits, actions, losses, damages, liabilities, costs, and expenses to the proportionate extent resulting from or arising out of the negligent acts, errors or omissions of the other party, its officer, employees, contractors, or agents under this Contract. Neither party shall be liable to the other for any incidental or consequential damages arising out of or related to this contract. Neither party shall be liable for any damages of any sort arising solely from ta lawful termination of this contract or any part hereof in accordance with its terms.

9. SUBROGATION WAIVER:

Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide commercial general and automotive liability insurance, Contractor shall look solely to its own insurance for recovery.

Contractor hereby grants to City on behalf of any insurer providing commercial general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance.

10. FORCE MAJEURE:

Neither party to this Contract shall be liable to the other party for delays in performing the Work or for the direct or indirect cost resulting from such delays that may result from strikes, riots, war, acts of governmental

CITY OF REDMOND CONTRACT NUMBER:

CONTRACTOR: PAGE 4

authorities, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party.

11. NOTICE:

Any notices required under this Contract shall be effective when received at the following addresses:

City: 411 SW 9th Street Contractor: _____________________ Redmond, OR 97756 _____________________

12. REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES:

Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.

IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed the day and year first above written.

CONTRACTOR CITY OF REDMOND

By: By: Keith Witcosky, City Manager

ATTEST: ______________________

City Recorder – Kelly Morse

EXHIBIT 2 – INSURANCE CONTRACT NO. 2021-

CONTRACTOR:

Project Name: Senior Center Solar Panel Project

EXHIBIT 2

CITY OF REDMOND

INSURANCE AND BOND REQUIREMENTS

CONTRACT NO. 2021-

Insurance assigned: JL The Contractor shall at all times maintain, in force, at Contractor’s expense, each insurance noted below. Insurance coverage must apply on a primary and non-contributory basis. All insurance policies, except Professional Liability, shall be written on an occurrence basis and be in effect for the term of this contract. Policies written on a “claims made” basis must be approved and authorized by the City of Redmond.

Workers Compensation insurance in compliance with ORS 656.017, requiring Contractor and all subcontractors to provide workers’ compensation coverage for all subject workers, or provide certification of exempt status. Employers' Liability Insurance with coverage limits of not less than $500,000 must be included.

Professional Liability insurance with an occurrence combined single limit of not less than:

Per Occurrence limit Annual Aggregate limit $500,000 $500,000

$1,000,000 $1,000,000 $2,000,000 $2,000,000 Professional Liability insurance covers damages caused by error, omission, or negligent acts related to professional services provided under this Contract. The policy must provide extended reporting period coverage, sometimes referred to as “tail coverage” for claims made within two years after this contract is completed.

Required by City Not required by City

Commercial General Liability insurance with a combined single limit of not less than:

Per Occurrence limit Annual Aggregate limit $1,000,000 $1,000,000 X $2,000,000 $2,000,000 $3,000,000 X $4,000,000 ___$4,000,000 ___$5,000,000 (projects with value from 2 million to 5 million)

Commercial General Liability insurance includes coverage for personal injury, bodily injury, advertising injury, property damage, premises, operations, products, contractor’s pollution, completed operations and contractual damages. By separate endorsement, the policy shall name The City of Redmond, its agents, directors, officers, employees and volunteers as an additional insured. The additional insured endorsement shall not include declarations that reduce any per occurrence or aggregate insurance limit. The contractor shall provide additional coverage based on any outstanding claim(s) made against policy limits to ensure that minimum insurance limits required by the City are maintained. Construction contracts may include aggregate limits that apply on a “per location” or “per project” basis.

Required by City Not required by City Per Location or Project required

Automobile Liability insurance with a combined single limit of not less than:

Per Occurrence $500,000 X $1,000,000 $2,000,000 Automobile Liability insurance includes coverage for bodily injury and property damage resulting from operation of a motor vehicle. Commercial Automobile Liability Insurance shall provide coverage for any motor vehicle (symbol 1 on some insurance certificates) driven by or on behalf of Contractor during the course of providing services under this contract. Commercial Automobile Liability is required for contractors that own business vehicles registered to the business. Examples include:

plumbers, electricians or construction contractors. An Example of an acceptable personal automobile policy is a contractor who is a sole proprietor that does not own vehicles registered to the business.

Required by City Not required by City

Additional Requirements: Contractor shall pay all deductibles and retentions. A cross-liability clause or separation of insured's condition must be included in all commercial general liability policies required by this Contract. Contractor’s insurance coverage will be primary in the event of loss. Contractor’s insurance must provide a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance.

Certificate of Insurance Required: Contractor shall furnish a current Certificate of Insurance to the City with the signed Contract. The Certificate shall provide that there shall be no cancellation, termination, material change, or reduction of limits of the insurance coverage without at least 30 days written notice from the Contractor’s insurer to the City. The Certificate shall also state the deductible or, if applicable, the self-insured retention level.

No contract shall be effective until the required certificates have been received and approved by the City of Redmond. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the City of Redmond 10 days prior to coverage expiration.

For commercial general liability coverage, the Certificate shall also provide, by policy endorsement, that The City of Redmond, its agents, directors, officers, employees and volunteers are additional insureds with respect to Contractor’s services provided under this Contract. The endorsement must provide primary and non-contributory coverage. All endorsements must be in a format acceptable to The City of Redmond.

Insurance Carrier Acceptability: Insurance coverage provided to the City of Redmond by the contractor will be in an acceptable form and underwritten by an insurance company deemed acceptable by the City of Redmond. The City of Redmond reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. The City of Redmond has the sole authority and discretion to determine the acceptability of an insurance carrier's financial rating and the form of policies and endorsements.

If requested, complete copies of the contractor’s insurance policies shall be provided to the City.

All bonds will be in a format acceptable to the City and be provided by a company authorized to do business in Oregon.

PUBLIC WORKS BOND – 279C.836 requires that all independent contractors working on qualifying public works projects, with a total project cost that exceeds $100,000 must obtain and file with the Construction Contractors Board (CCB) a public works bond with a corporate surety authorized to do business in Oregon for the amount of $30,000 before starting work on a contract or subcontract for a public works project.

PUBLIC WORKS BOND

Required by City

BID BOND- 5% of total bid.

Required by City

PERFORMANCE BOND- In the amount of the awarded contract.

Required by City

PAYMENT BOND - In the amount of the awarded contract.

Required by City

BUILDERS RISK (COURSE OF CONSTRUCTION) – Insurance covering materials, supplies, soft costs, in transit and storage prior to City accepting the building. City will have the option of purchasing or assigning the purchase to the contractor. In either case, all insurance deductibles will be assumed by the contractor.

Purchased by City ($10,000 deductible) Purchased by Contractor N/A

Contractor Signature _______________________________ Date _____________

EXHIBIT 2A

CITY OF REDMOND

CERTIFICATION STATEMENT FOR CORPORATION OR INDEPENDENT CONTRACTOR

NOTE: Contractor Shall Complete A or B in addition to C below:

A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY OR A PARTNERSHIP.

I certify under penalty of perjury that Contractor is a [check one]:

Corporation Limited Liability Company Partnership authorized to do business in the State of Oregon.

Signature Title Date

B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR.

Contractor certifies under penalty of perjury that the following statements are true:

1. If Contractor performed labor or services as an independent Contractor last year, Contractor filed federal and state income tax returns last year in the name of the business (or filed a Schedule C in the name of the business as part of a personal income tax return), and

2. Contractor represents to the public that the labor or services Contractor provides are provided by an independently established business registered with the State of Oregon, and

3. All of the statements checked below are true.

NOTE: Check all that apply. You shall check at least four (4) - to establish that you are an Independent Contractor.

____ A. The labor or services I perform is primarily carried out at a location that is separate from my residence or is primarily carried out in a specific portion of my residence that is set aside as the location of the business.

____ B. I purchase commercial advertising or I have business cards for my business, or I am a member of a trade association.

____ C. My business telephone listing is separate from my personal residence telephone listing.

____ D. I perform labor or services only under written contracts.

____ E. Each year I perform labor or services for at least two different persons or entities.

____ F. I assume financial responsibility for defective workmanship or for service not provided by purchasing performance bonds, errors and omission insurance or liability insurance, or providing warranties relating to the labor or services I provide.

Contractor Signature Date

C. Representation and Warranties.

Contractor certifies under penalty of perjury that the following statements are true to the best of Contractor’s knowledge:

1. Contractor has the power and authority to enter into and perform this Contract;

2. This Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms;

3. The services under this Contract shall be performed in manner consistent with and in accordance with the professional standards of the industry and in a timely manner using the schedule, materials, plans and specifications approved by City; and

4. Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the services.

5. To the best of Contractor's knowledge, Contractor is not in violation of any tax laws described in ORS 305.380(4),

6. Contractor understands that Contractor is responsible for any federal or state taxes applicable to any consideration and payments paid to Contractor under this Contract; and

7. Contractor has not discriminated against minority, women or small business enterprises in obtaining any required subcontracts.

Contractor Signature Date

EXHIBIT 2B

CITY OF REDMOND

WORKER’S COMPENSATION FORM

Workers’ Compensation Coverage Contractor provides Workers’ Compensation coverage for employees performing under this contract as provided under ORS Chapter 656. Insurer: __________________________ Policy #: ________________________

Contractor Printed Name: _______________________ Contractor Signature: __________________________________

Contractor Title Date

Workers’ Compensation Exemption

If contractor is exempt from obtaining Workers’ Compensation insurance for the following reason (check the appropriate box):

SOLE PROPRIETOR

• Contractor is a sole proprietor, and

• Contractor has no employees, and

• Contractor shall not hire employees to perform this contract.

CORPORATION - FOR PROFIT

• Contractor’s business is incorporated, and

• All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and

• The officers and directors shall perform all work. Contractor shall not hire other employees to perform this contract.

CORPORATION - NONPROFIT

• Contractor’s business is incorporated as a nonprofit corporation, and

• Contractor has no employees; all work is performed by volunteers, and

• Contractor shall not hire employees to perform this contract.

PARTNERSHIP

• Contractor is a partnership, and

• Contractor has no employees, and

• All work shall be performed by the partners; Contractor shall not hire employees to perform this contract, and

• Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.

LIMITED LIABILITY COMPANY

• Contractor is a limited liability company, and

• Contractor has no employees, and

• All work shall be performed by the members; Contractor shall not hire employees to perform this contract, and

• If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.

*NOTE: Under OAR436-50-050 a shareholder has a “substantial ownership” interest if the shareholder owns 10% of the corporation or, if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders.

**NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work.

The requirements for this exemption are complicated.

Contractor Printed Name Contractor Signature

Contractor Title Date

EXHIBIT 3A – PAMENT BOND

(NOTE: CONTRACTOR MUST USE THIS FORM, NOT A

SURETY COMPANY FORM. MUST BE ACCOMPAINED

BY A POWER OF ATTORNEY FOR THE SURETY’S

OFFICER AUTHORIZED TO SIGN)

KNOW BY ALL MEN BY THESE PRESENTS:

We the undersigned as PRINCIPAL (hereinafter called CONTRACTOR), and a corporation organized and existing under and by virtue of the laws of the state of duly authorized to do surety business in the state of Oregon and named on the current list of approved surety companies acceptable on federal bonds and conforming with the underwriting limitations as published in the Authorized Insurance List in the State of Oregon published by the Office of the Insurance Commissioner and which carries an "A" rating and is of the appropriate class for the bond amount as determined by Best's Rating System, as SURETY, hereby hold and firmly bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, to pay to CITY OF REDMOND as OBLIGEE (hereinafter called CITY OF REDMOND), the amount of _________________________________ ___________________, in lawful money of the United States of America.

WHEREAS, the CONTRACTOR entered into a contract with CITY OF REDMOND dated September 14, 2021, which Contract is hereunto annexed and made a part hereof, for accomplishment of the all contract terms for the project described as follows: SENIOR CENTER SOLAR PANEL

PROJECT.

NOW, THEREFORE, the condition of this obligation is such that if the CONTRACTOR shall promptly, truly and faithfully perform all the undertakings, covenants, terms, conditions, and agreements of the aforesaid contract and having performed its obligations thereunder and promptly make payments to all persons, firms, subcontractors, corporations and/or others furnishing materials for or performing labor in the prosecution of the Work provided for in the aforesaid contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Whenever CONTRACTOR shall be declared by CITY OF REDMOND to be in default under the Contract Documents for the project described herein, the SURETY shall promptly remedy the default by completing the project in accordance with the Contract Documents and the project Specifications with a contractor approved by the CITY OF REDMOND.

SURETY, for value received, further stipulates and agrees that all changes, extensions of time, alterations, or additions to the terms of the Contract or Specifications for the above described contract are within the scope of the SURETY's undertaking on this bond, and SURETY hereby waives notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. Any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications shall automatically increase the obligation of the Surety hereunder in a like amount, provided that such increase shall not exceed twenty-five percent (25%) of the original amount of the obligation without the consent of the Surety.

This obligation shall continue to bind the PRINCIPAL and SURETY, notwithstanding successive payments made hereunder, until the full amount of the obligation is exhausted.

SURETY shall indemnify, defend, and protect the CITY OF REDMOND against any claim of direct or indirect loss resulting from the failure of the CONTRACTOR (or any of the employees, subcontractors, or lower tier subcontractors of the CONTRACTOR) to faithfully perform the terms of the contract.

No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY OF REDMOND or its heirs, executors, administrators, successors or assigns.

If more than one SURETY is on this bond, each SURETY hereby agrees that it is jointly and severally liable for obligations on this bond.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of _______________, 2021.

SURETY CONTRACTOR

By: By*:

Title: Title:

Street Address Street Address

City State ZIP City State ZIP

Phone Number Phone Number

* Must be signed by president or vice-president of Contractor

EXHIBIT 3B - PERFORMANCE BOND

(NOTE: CONTRACTOR MUST USE THIS FORM, NOT A

SURETY COMPANY FORM. MUST BE ACCOMPAINED

BY A POWER OF ATTORNEY FOR THE SURETY’S

OFFICER AUTHORIZED TO SIGN)

We the undersigned as PRINCIPAL (hereinafter called CONTRACTOR), and a corporation organized and existing under and by virtue of the laws of the state of duly authorized to do surety business in the state of Oregon and named on the current list of approved surety companies acceptable on federal bonds and conforming with the underwriting limitations as published in the Authorized Insurance List in the State of Oregon published by the Office of the Insurance Commissioner and which carries an "A" rating and is of the appropriate class for the bond amount as determined by Best's Rating System, as SURETY, hereby hold and firmly bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, to pay to CITY OF REDMOND as OBLIGEE (hereinafter called CITY OF REDMOND), the amount of __________________________________ ________________in lawful money of the United States of America.

WHEREAS, the CONTRACTOR entered into a contract with CITY OF REDMOND dated April 15, 2021, which Contract is hereunto annexed and made a part hereof, for accomplishment of the all contract terms for the project described as follows: SENIOR CENTER SOLAR PANEL PROJECT.

THEREFORE, the condition of this obligation is such that if the CONTRACTOR shall promptly, truly and faithfully perform all the undertakings, covenants, terms, conditions, and agreements of the aforesaid contract and having performed its obligations thereunder, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

Whenever CONTRACTOR shall be declared by CITY OF REDMOND to be in default under the Contract Documents for the project described herein, the SURETY may promptly remedy the default by completing the project in accordance with the Contract Documents and the project Specifications with a contractor approved by the CITY OF REDMOND. SURETY, for value received, further stipulates and agrees that all changes, extensions of time, alterations, or additions to the terms of the Contract or Specifications for the above described contract are within the scope of the SURETY's undertaking on this bond, and SURETY hereby waives notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications.

Any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications shall automatically increase the obligation of the Surety hereunder in a like amount, provided that such increase shall not exceed twenty-five percent (25%) of the original amount of the obligation without the consent of the Surety.

This obligation shall continue to bind the PRINCIPAL and SURETY, notwithstanding successive payments made hereunder, until the full amount of the obligation is exhausted.

SURETY shall indemnify, defend, and protect the CITY OF REDMOND against any claim of direct or indirect loss resulting from the failure of the CONTRACTOR (or any of the employees, subcontractors, or lower tier subcontractors of the CONTRACTOR) to faithfully perform the terms of the contract.

No right of action shall accrue on this bond to or for the use of any person or corporation other than CITY OF REDMOND or its heirs, executors, administrators, successors or assigns.

If more than one SURETY is on this bond, each SURETY hereby agrees that it is jointly and severally liable for obligations on this bond.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of _______________, 2021.

SURETY CONTRACTOR

By: By*:

Title: Title:

Street Address Street Address

City State ZIP City State ZIP

Phone Number Phone Number

* Must be signed by president or vice-president of Contractor