HomeMy WebLinkAboutIndependent Contractor Services Agreement with Contractors Northwest for Well Treatement FacilitiesAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
WELL 19 TREATMENT FACILITY - CONSTRUCTION
PROJECT # 10418
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this
5th day of May, 2015, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Contractors Northwest,
Inc., hereinafter referred to as "CONTRACTOR", whose business address is P.O. Box
6300, Coeur d'Alene. ID 83816and whose Public Works Contractor License # is PWC -C-
10327.
INTRODUCTION
Whereas, the City has a need for services involving Well Treatment Facilities;
MIT,
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Agreement and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Attachment "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
WELL 19 TREATMENT FACILITY page 1 of 13
Project 10418
state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided
in Attachment B "Payment Schedule" attached hereto and by reference made a
part hereof for the Not -To -Exceed amount of $650.680.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Attachment A.
WELL 19 TREATMENT FACILITY page 2 of 13
Project 10418
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Attachment B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES
Substantial Completion shall be accomplished within 120 (one hundred twenty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $500.00 (five hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred
2W calendar days to complete the work as described herein. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $500.00
(five hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed below for
Substantial Completion.
4. Termination:
4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
WELL 19 TREATMENT FACILITY page 3 of 13
Project 10418
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Attachment A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. If in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
6. Indemnification and Insurance:
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and
for any and all losses, claims, actions, judgments for damages, or injury to persons
or property and losses and expenses and other costs including litigation costs and
attorney's fees, arising out of, resulting from, or in connection with the performance
of this Agreement by the CONTRACTOR, its servants, agents, officers,
employees, guests, and business invitees, and not caused by or arising out of the
tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and
minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per
incident or occurrence, Automobile Liability Insurance One Million Dollars
($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in
the statutory limits as required by law.. The limits of insurance shall not be deemed
WELL 19 TREATMENT FACILITY page 4 of 13
Project 10418
a limitation of the covenants to indemnify and save and hold harmless CITY; and if
CITY becomes liable for an amount in excess of the insurance limits, herein
provided, CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments for
damages or injury to persons or property and other costs, including litigation costs
and attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. In the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public Works
Improvement Projects per the ISPWC and the City of Meridian Supplemental
Specifications & Drawings to the ISPWC, which by this reference are made a part
hereof.
WELL 19 TREATMENT FACILITY page 5 of 13
Project 10418
8. Warranty: All construction and equipment provided under this agreement shall be
warranted for 2 years from the date of the City of Meridian acceptance per the
ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC
and any modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
9. Meridian Stormwater Specifications: All construction projects require either a
Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control
plan (ESCP) as specified in the City of Meridian Construction Stormwater
Management Program (CSWMP) manual. The CSWMP manual containing the
procedures and guidelines can be found at this address:
http://www.meridiancity.oro/environmental.aspx?id=13618.
10. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
City of Meridian Contractors Nothwest, Inc.
Purchasing Manager Attn: D. Dean Haagneson, CEO
33 E Broadway Ave P.O. Box 6300
Meridian, ID 83642 Coeur d'Alene, ID 83818
208-888-4433 Phone: 208-667-2456
Email: dean@contractorsnorthwest.com
Idaho Public Works License #PWC -C-10327
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
11. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorneys' fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to
be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
12. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of, and a default under, this Agreement by the party so failing to
perform.
13. Assignment: It is expressly agreed and understood by the parties hereto, that
CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any
WELL 19 TREATMENT FACILITY page 6 of 13
Project 10418
of its rights under this Agreement except upon the prior express written consent of
CITY.
14. Discrimination Prohibited: In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
15. Reports and Information:
15.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
15.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
16. Audits and Inspections: At any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY for
examination all of CONTRACTOR'S records with respect to all matters covered by
this Agreement. CONTRACTOR shall permitthe CITYto audit, examine, and make
excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
17. Publication, Reproduction and Use of Material: No material produced in whole
or in part under this Agreement shall be subject to copyright in the United States or
in any other country. The CITY shall have unrestricted authority to publish, disclose
and otherwise use, in whole or in part, any reports, data or other materials prepared
under this Agreement.
18. Compliance with Laws: In performing the scope of work required hereunder,
CONTRACTOR shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
19. ACHD: Contractor shall be responsible for coordinating with the City to obtain
appropriate ACHD permit(s) and will reimburse the City for fees, fines, or
penalties City incurs due to Contractor's violation of any ACHD policy. City shall
certify to ACHD that Contractor is authorized to obtain a Temporary Highway and
Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge
and agree that the scope of the agency granted by such certification is limited to,
and conterminous with, the term and scope of this Agreement.
WELL 19 TREATMENT FACILITY page 7 of 13
Project 10418
20. Changes: The CITY may, from time to time, request changes in the Scope of Work
to be performed hereunder. Such changes, including any increase or decrease in
the amount of CONTRACTOR'S compensation, which are mutually agreed upon by
and between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
21. Construction and Severability: If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other
part of this Agreement so long as the remainder of the Agreement is reasonably
capable of completion.
22. Waiver of Default: Waiver of default by either party to this Agreement shall not be
deemed to be waiver of any subsequent default. Waiver or breach of any provision
of this Agreement shall not be deemed to be a waiver of any other or subsequent
breach, and shall not be construed to be a modification of the terms of this
Agreement unless this Agreement is modified as provided above.
23. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from its attorney's or the
opportunity to seek such advice.
24. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
25. Order of Precedence: The order or precedence shall be the contract agreement,
the Invitation for Bid document, then the winning bidders submitted bid document.
26. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information
or documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The CITY will not accept the marking of an
entire document as exempt. In addition, the CITY will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the CITY against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
designate individual documents as exempt. The Contractor's failure to designate as
exempt any document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by any such
release.
27. Applicable Law: This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian.
WELL 19 TREATMENT FACILITY page 8 of 13
Project 10418
28. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN
ON"
Dated:
CC
Dated: Ap6I % W15
Approved by Council:Vu.M
1
4p ,,1RD AUC(i
Atte
s
CITY CLE
IDPIID
r
\sEni.
Purchasing Approvalr°.,,Id pf 5�4D art e It App al
BY: z� 4,r, BY:
KEITH'WATTS, Purchasing Manager WARIREN STEYVART, Engineering Mana
Dated::�5f �S Dated:: 15
Project Manager
Brent Blake
WELL 19 TREATMENT FACILITY page 9 of 13
Project 10418
Attachment A
SCOPE OF WORK
REFER TO INVITATION TO BID PW -15-10418
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW -15-10418, are by this reference made a
part hereof.
WELL 19 TREATMENT FACILITY page 10 of 13
Project 10418
Attachment B
WELL 19 TREATMENT FACILITY - CONSTRUCTION
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$650,680.00.
MILESTpNE DAT"CHFDU L
Milestone 1 Substantial Completion 120 one hundred twenty) days
Milestone 2 Final Completion 150 (one hundred fifty) days
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
above named projet per IFB PW -15-10418
CONTRACT TOTAL ....................... $650.680.00
CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE
VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY.
Bid Schodule:
Item
No. Description Quantity Unit Unit Price
1 Mobilization (5%) 1 LS $30,000.00
2 Construction Traffic Control 1 LS $989.00
3 Stormwater & Erosion Control 1 LS $1,380.00
4 Clearing and Grubbing (Including Pavement) 1170 SY $5.00
5 Plant New Tree 1 EA $288.00
6 Removal of Building (Demolition) 1 LS $9,125.00
7 Remove, Retain, and Reinstall Equipment 1 LS $1,800.00
8 Excavation 1 LS $13,900.00
9 Import Fill 133 CY $75,00
WELL 19 TREATMENT FACILITY page 11 of 13
Project 10418
10
Landscaping (incl. tree removal, new tree,
sprinkler system modifications, sod).
1
LS
$1,725.00
11
Cobble Landscape Rock
180
SY
$27.00
12
Drainage Sump
1
LS
$5,000.00
13
Sand Window Drainage Beds
i
LS
$5,000.00
14
Water Service Connection, 4"
1
EA
$1,500.00
15
10" Water Main
18
LF
$100.00
16
Connect New Main to Existing Water Main
1
LS
$2,500.00
17
Sanitary Sewer (AWWA C-900, DR 18)
63
LF
$50.00
18
New Manhole
1
LS
$2,500.00
19
Manhole Connection
1
LS
$2,500.00
20
Vertical Curb (No Gutter. Both Above and At-
Grade Curbing)
583
LF
$18.00
21
Misc. Concrete Slab (Sidewalk, Steps)
7
CY
$450.00
22
Plant Mix Pavement
690
SY
$40.00
23
Fence, 8' Ornamental Wrought Iron
385
LF
$80.00
24
Gate, 18' Rolling Gate
1
EA
$3,048.00
25
Gate, 3.5' Swing Gate
1
EA
$2,000.00
26
Modifications to Monitoring Well
1
LS
$1,750.00
27
Air Gap Box
1
LS
$1,500.00
28
Artesian Bypass Manhole Modifications
1
LS
$1,750.00
29
Permeable Pavers
1352
SF
$19.00
30
Process Piping and Equipment
1
LS
$21,000.00
31
Install Filter Equipment
1
LS
$8,320.000
WELL 19 TREATMENT FACILITY page 12 of 13
Project 10418
32
Building (incl. Roof, Gutters, Building Paint,
Bollards, Stairs, Handrails, etc.)
1
LS
$185,000.00
33
Building & Tank Foundations and Floor Slab
1
LS
$12,000.00
34
Electrical (Site, Building & Equipment)
1
LS
$84,256.00
35
Instrumentation and Control Equipment
1
LS
$15,000.00
36
HVAC Equipment
1
LS
$19,500.00
37
Plumbing
1
LS
$13,250.00
38
Fire Alarm and Sprinkler System
1
LS
$17,650.00
39
Startup and Commissioning
1
LS
$15,000.00
40
Use Tax (6% of Filter Equipment Package
$312,640)
1
LS
$18,758.40
Travel expenses, if applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
WELL 19 TREATMENT FACILITY page 13 of 13
Project 10418
y
I—
J
D
U)
W
w
ODOo00
O
v
v
0
0
CY
CN
OD
O
O
V
Cl)
OD
co
OD
NCo.
O
CO(.
O
LO
I-
LO
O
OD
LO
r
r
co
r-
Cfl
CA
H3
K3
CA
HJ
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
N
O
N
N
t'j
r
c
O
C
O
N
N
—
!)
O
Z
LUO
C
N
W
U
y
a
(Dc
a
dO
�
a
aCU
-m
0
L3:
1:WtgU
eTRAKiT
Home I Setup an Account I Log In COnIreGIOr V Passwgtl LOGIN ❑REMEMBERME Forgot Password
Permits
Apply
Search
Pay Fees
Licenses
Search Trade Licenses
Search Public Works
Inspections
schedule
Cancel
Elevators
Search Elevators
Violations
Search
Shopping Cart
Pay All Fees
Contact
Contact us
Public Works Search D Search Again Download Results Printable View
Contractors Northwest, Inc. PWC -C-10327 00001, 00003 1, 3 UNLIMITEI
Firs Prev, Page: 1 of 1 Nex Last
Details - License Number: PWC -C-10327
Registration p:
PWC -C-10327
Issue:
4/17/2015
Expire:
4/30/2016
Type:
PUBLIC WORKS
Sub -Type:
UNLIMITED
status:
ACTIVE
Company:
Contractors Northwest, Inc.
Phone:
(208)667-2456
Cell:
Pager:
Fax:
(208) 667-6388
Owner Name:
Page 1 of 1
The DiAsian of Building Safety, makes every effort to produce and Publish the most current and ar<urale Iofmmaiion possible. No warranties, expressed or implied, are provided for the data herein, its use, or
its Interpretation. Utilization of this websile Indicates understanding and acceptance of this statement.
1-800-95&3044,1090 E Mtedawar St, Suite 150 Mangan ID 83642
HOME I CONTACT
https://web.dbs.idaho.gov/etrakit3/Custom/Idaho PublieWorksSearchRslts.aspx 4/30/2015
IDSOS Viewing Business Entity
Page 1 of 2
IDAHO SECRETARY OF STATE
Viewing Business Entity
Lawerence Denney, Secretary of State
[ New Search ] [ Back to Summary ]
[ Get a certificate of existence for CONTRACTORS NORTHWEST INC. ]
[ Monitor CONTRACTORS NORTHWEST INC business filings ]
CONTRACTORS NORTHWEST INC.
BOX 6300
COEUR D'ALENE, ID 83816 1938
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDING 19 Mar 1976
State of Origin: WASHINGTON
Date of 19 Mar 1976
Origination/Authorization:
Current Registered Agent: D DEAN HAAGENSON
N 3731 RAMSEY RD
COEUR D'ALENE, ID 83815
Organizational ID / Filing C53098
Number:
Number of Authorized Stock
Shares:
Date of Last Annual Report: 10 Mar 2015
Annual Report Due: Mar 2016
Original Filing:
[ Help Me Print/View TIFF ]
Filed 19 Mar 1976 CERTIFICATE OF AUTHORITY
Amendments:
[ Help Me Print/View TIFF ]
Amendment Filed 19 Mar OTHER - APPT OF DA - WILLIAM W. NIXON,
1976 COEUR D'ALENE
Amendment Filed 16 Oct OTHER - CHG OF RA TO D. DEAN HAAGENSON
1980
Annual Reports:
Report for year 2015 ANNUAL REPORT
Report for year 2014 ANNUAL REPORT
Report for year 2013 ANNUAL REPORT
Report for year 2012 ANNUAL REPORT
Report for year 2011 ANNUAL REPORT
Report for year 2010 ANNUAL REPORT
Report for year 2009 ANNUAL REPORT
Report for year 2008 ANNUAL REPORT
http://www.accessidaho.org/public/sos/corp/C53098.html
[ Help Me Print/View TIFF ]
View Document Online
View Document Online
View Document Online
View Document Online
View Document Online
View Document Online
View Document Online
View Document Online
4/30/2015
TO: Keith Watts
FROM: Brent Blake
DATE: 5-5-2015
Mayor Tammy de Weerd
City Council Members:
Keith Bird Joe Borton
Luke Cavener Genesis Milam
Charlie Rountree David Zaremba
SUBJECT: Project Information Memo -Well 19 Treatment Facilities (Construction)
I. DEPARTMENT CONTACT PERSONS
Brent Blake, Project Manager 489-0340
Kyle Radek, Assistant City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
II. DESCRIPTION
A. Backgp4Lund
B. This project was initiated to continue the process of mitigating brown water in
the City's potable water system and improve water quality. Iron and Manganeso
must be removed from the supply water produced by Well #19 in order to
provide adequate chlorine residuals in the distribution system without
precipitation of these constituents which results in brown or black water
coloration. Although there are no known health threats from these elements,
they can cause staining on plumbing fixtures, laundry and cause unpleasant taste
and smell. The primary purpose and justification for this project is to improve
customer satisfaction by reducing water quality issues created by Iron and
Manganese precipitation in well water.
C. Proposed Project
This project consists of demolishing the current building/infrastructure and
constructing a new pumpin&eatment facility, building, and associated
infrastructure at the City's Well 419 site located at 3301 W. Niemann Drive (SW
corner of Tenmile and Ustick roads). The work will include constructing the
new treatment facility utilizing a combination of new and refurbished equipment
in order to minimize cost.
Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridlan, ID 83642
Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org
III. IMPACT
A. Strategic lm acct:
This project is aligned with the Public Works objective of being opportunistic in
planning for growth and infrastructure needs.
B. Service/Delivery Impact:
The Public Works Department, in a continuing effort to provide high quality
potable water to the citizens of Meridian, has identified Well #19 pumping
facilities as a priority water quality improvement project.
C. Fiscal Impact:
Project Costs
Construction Contract $650,680.00
Project Funding
Well 19 (3490-96119) $1,000,000.00
Approved for Council Agenda: G! z
ate
,aarau
4CC7KU CERTIFICATE OF LIABILITY INSURANCE DATaisi2o15 ~'
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 CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(tes) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
PRODUCER
Commercial Lines - (509) 358-3800
Wells Fargo Insurance Services USA, Inc. - CA Lic#:OD08408
601 West Main Street, Suite 1400
Spokane, WA 99201-0635
CONTACT KRISTY BREMER
NAMEtPNGNE
TY PE OF INSURANCE
, 509-358~3983 FAX
AC No:
1-866-510.9568
E- pglE krlsty.hremer@wellsfergo.com
MMILOIDYEFF
INSURERS AFFORDING COVERAGE
NAICN
INSURERA: Travelers Indemnity Company
25658 PIA-
1hINSURED
INSURED
Contractors Northwest Inc.
P.O. Box 6300
INSURER a :
Travelers Indemnity Co. of Connecticut
25682 pir
INSURER c: Travelers Properly Casualty Cc of America
25674 Ar
INSURCR n, Charter Oak Fire Insurance Co.
ggmu n . .
I Coeur d'Alene Idaho 83816 INSURER F
COVERAGFR CPRTICICATC IUUAAoco. RQQ75110 .,�...�,..., _...
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.
ILTR
TY PE OF INSURANCE
INsnADOL
B
POLICYNUMBER
MMILOIDYEFF
PMIDDY�
UNITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMSMpOE FRIOCCUR
X WA STOPGAP$1,000,000
X
X
C06E221461
06101/2014
06/01/2015
EACH OCCURRENCE $ 1,00D,000
PREMISE MISES E ENrEreen It 300,000
MED EXP (Any one person $ 10.Goo
PERSONAL A ADV INJURY $ 1,000,e00
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY ff]JECT LOC
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGO $ 2,000,000
S
OTHER:
I
B
AUTOMOBILE
LIABILITY$10-6E221461
06/01/2014
06/0112015
COMBINED SINGLELIMIT $ 1,000,000
%
ANY AUTO
BODILY INJURY (Par person) $
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY(Peraeddent) $
%
HIREDAUTOS % NON -OWNED
AUTOS
PROPERTY DAMAGE
Per eM $
$
D
X
UMBRELLAUAB
%
OCCUR
CUP6E221461
06/01/2014
06101/2015
EACH OCCURRENCE $ 5,000,000
EXCESS LIAR
CLAIMS -MADE
AGGREGATE $ 5,000,000
DEO I % I RETENTIONS 10,000
S
A
WORKERB COMPENSATION
AND EMPLOYERS'LIABILITY yIN
ANY PROPRIETORIPARTNERMXECUTIVE
OFFICERIMEMBER EXCLUDED?
NIA
CO6E221461
WA STOP GAP/EMPLOYERS
06/01/2014
06/01/2015
PER OTH-
STA TE %ER
E.L EACH ACCIDENT $ I,000,000
E.L. DISEASE - EA EMPLOYE S 1,000.000
(Mandatary in NH)
Iryyeeaa describe antler
DE SCRIPTION OF OPERATIONS below
LIABILITY ONLY
EJ- DISEASE -POLICY LIMIT $ 1,000,000
D
BLANKET BUILDERS RISK
X
A0-BE53LL RISKEXCLUDING
QUAKE & FLOOD
6/01/2014
6/01/2015
$2.000,000 MAXIMUM LIMB
31.000. DEDUCTIBLE
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be amahed If more space la requbadl
CG D2 46 OB 05,CG D3 16 11 11 AS RESPECTS WELL 19 TREATMENT FACILITY - PROJECT #10418
PRIMARY/NON-CONTRIBUTORY ADDITIONAL INSURED STATUS AND WAIVER OF SUBROGATION IF REQUIRED BY WRITTEN CONTRACT TO
THE CITY OF MERIDIAN ITS ELECTED OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS AS GRANTED BY THE ACTUAL POLICY FORMS
ATTACHED TO THE CERTIFICATE.
CITY OF MERIDIAN
PURCHASING DEPT
33 EAST BROADWAY, SUITE 106
MERIDIAN ID 83642
The ACORD name and logo are registered marks
AGORO 25 (2014101)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD CORPORATION.
C06E221461
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modlnes Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1, WHO IS AN INSURED — (Section II) Is amended
to Include any person or organization that you
agree In a "written contract requiring Insurance"
to Include as an additional Insured on this Cover-
age Part, but:
e) Only with respect to liability for "bodily Injury',
"property damage" or "personal Injury'; and
b) if, and only to the extent that, the Injury or
damage Is caused by acts or omisslons of
you or your subcontractor In the performance
of your work" to which the "written contract
requiring Insurance" applies, The person or
organization does not quality as an additional
Insured with respect to the independent acts
or omisslons of such person or organization.
2. The Insurance provided to the additional Insured
by this endorsement Is limited as follows:
a) In the event that the Limits of Insurance of
this Coverage Part shown In the Declarations
exceed the limits of liability required by the
"written contract requiring Insurance", the In-
surance provided to the additional Insured
shall be limited to the limits of liability re-
quired by that "written contract requiring In-
surance". This endorsement shell not In-
crease the limits of Insurance described in
Section III—Limits Of Insurance.
b) The Insurance provided to the additional In-
sured does not apply to "bodily Injury", "prop-
erty damage" or "personal Injury" arising out
of the rendering of, or failure to render, any
veying services, Including:
I. The preparing, approving, or falling to
prepare or approve, maps, shop draw -
Ings, opinions, reports, surveys, geld or-
ders or change orders, or the preparing,
approving, or falling to prepare or ap-
prove, drawings and specifications,, and
II. Supervisory, Inspection, architectural or
engineering activities.
c) The Insurance provided to the additional in-
sured does not apply to "bodily Injury" or
"property damage" caused by "your work"
and Included In the "products -completed op-
erations hazard" unless the "written contract
requiring Insurance" specifically requires you
to provide such coverage for that additional
Insured, and then the Insurance provided to
the addltlonel Insured applies only to such
"bodily Injury" or "property damage" that oc-
curs before the end of the period of time for
which the "wdtten contract requiring Insur-
ance" requires you to provide such coverage
or the end of the policy period, whichever Is
earlier.
3. The Insurance provided to the additional Insured
by this endorsement Is excess over any valid and
collectible "other insurance", whether primary,
excess, contingent or on any other basis, that Is
available to the additional Insured for a loss we
cover under this endorsement, However, If the
"written contract requiring Insurance" specifically
requires that this Insurance apply on a primary
basis or a primary and non-contdbutory bests,
this Insurance Is primary to "other Insurence"
available to the additional Insured which covers
that person or organization as a named Insured
for such loss, and we will not share with that
"otherinsurence". But the insurance provided to
the additional Insured by this endorsement still Is
excess over any valid and collectible "otherin-
surance", whether primary, excess, contingent or
on any other basis, that Is available to the add[ -
an additional Insured under such "other Insur-
ance",
4. As a condition of coverage provided to the
additional Insured by this endorsement
e) The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an offense which may result In a
claim. To the extent possible, such notice
should Include:
CG 02 46 OB 05 ® 2005 The St. Paul Travelers Companies, Inc.
Page 1 of 2
COMMERCIAL GENERAL LIABILITY
I. How, when and where the "occurrence"
or offense took place;
11. The names and addresses of any Injured
persons and witnesses; and
Ill. The nature and location of any Injury or
damage arising out of the "occurrence" or
offense.
b) If a claim is made or "suit" Is brought against
the additional Insured, the additional Insured
must:
1. Immediately record the specifics of the
claim or "suit" and the date received; and
11. Notify us as soon as practicable.
The additional Insured must see to It that we
receive written notice or the claim or "suit" as
soon as practicable.
c) The additional Insured must Immediately
send us copies of all legal papers received In
connection with the claim or "sult", cooperate
with us In the Investigation or settlement of
the claim or defense against the "suil and
otherwise comply with all policy conditions.
d) The additional Insured must tender the de-
fense and Indemnity of any claim or "suit" to
Page 2 of 2
any provider of "other Insurance" which would
cover the additional insured for a loss we
cover under this endorsement. However, this
condition does not effect whether the Insur-
ance provided to the additional Insured by
this endorsement Is primary to "other insur-
ance" available to the additional Insured
which covers that person or organization as a
named Insured as described In paragraph 3.
above.
S. The following definition Is added to SECTION V.
—DEFINITIONS:
"Written contract requiring Insurance" means
that pad of any written contract or agreement
under which you are required to Include a
person or organization as an additional In-
sured on this Coverage Part, provided that
the "bodily Injury" and "property damage" oc-
curs and the "personal Injury" is caused by an
offense committed;
a. After the signing and execution of the
contract or agreement by you;
b. While that part of the contract or
agreement Is In effect; and
c. Before the end of the policy period
0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS XTEND ENDORSEMENT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any
Injury, damage or medical expenses described in any of the provlslons'of this endorsement may be excluded or
limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage Is excluded or limited by such an endorsement. The following listing Is a general cover-
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what Is and is not covered.
A. Aircraft Chartered With Pilot
B. Damage To Premises Rented To You
C. Increased Supplementary Payments
D. Incidental Medical Malpractice
E. Who Is An Insured — Newly Acquired Or Formed
Organizations
F. Who Is An Insured — Broadened Named Insured
— Unnamed Subsidiaries
G. Blanket Additional Insured — Owners, Managers
Or Lessors Of Premises
PROVISIONS
A. AIRCRAFT CHARTERED WITH PILOT
The following Is added to Exclusion g., Aircraft,
Auto Or Watercraft, In Paragraph 2. of SECTION
1 — COVERAGES — COVERAGE A BODILY IN-
JURY AND PROPERTY DAMAGE LIABILITY:
This exclusion does not apply to an aircraft that
Is:
(a) Chartered with a pilot to any Insured;
(b) Not owned by any Insured; and
(c) Not being used to carry any person or prop-
erty for a charge.
B. DAMAGE TO PREMISES RENTED TO YOU
1. The first paragraph of the exceptions In Ex-
clusion J., Damage To Property, in Para-
graph 2, of SECTION I — COVERAGES —
COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY Is deleted.
2. The following replaces the last paragraph of
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A. BODILY
CG D3 16 11 11
H. Blanket Additional Insured — Lessors Of Leased
Equipment
I. Blanket Additional insured — Stales Or Political
Subdivisions — Permits
J. Knowledge And Notice Of Occurrence Or Offense
K. Unintentional Omission
L. Blanket Waiver Of Subrogation
M. Amended Bodily Injury Definition
N. Contractual Liability — Railroads
INJURY AND PROPERTY DAMAGE LI-
ABILITY:
Exclusions c. and g. through n. do not apply
to "premises damage". Exclusion f.(1)(a)
does not apply to "premises damage" caused
by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explosion,
or lightning; or
e. Water;
unless Exclusion I. of Section I — Coverage A
— Bodily Injury And Properly Damage Liability
Is replaced by another endorsement to this
Coverage Part that has Exclusion — All Pollu-
tion Injury Or Damage or Total Pollution Ex-
clusion In Its title.
A separate limit of Insurance applies to
"premises damage" as described In Para-
graph 6. of SECTION III — LIMITS OF IN-
SURANCE.
02011 The Travelers Indemnity Company. All rights reserved.
Page 1 of 6
COMMERCIAL GENERAL LIABILITY
3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS
TION III— LIMITS OF INSURANCE:
1.
The following replaces Paragraph 1.b. of
Subject to 5. above, the Damage To Prem-
SUPPLEMENTARY PAYMENTS —.COVER -
lass Rented To You Limit Is the most we will
AGES A AND B of SECTION I — COVER -
pay under Coverage A for damages because
AGE:
of "premises damage" to any one premises.
b. Up to $2,600 for the cost of ball bonds
The Damage To Premises Rented To You
required because of accidents or traffic
Limit will apply to all "property damage"
law violations arising out of the use of any
proximately caused by the same "occur-
vehicle to which the Bodily Injury Liability
rence", whether such damage results from:
Coverage applies. We do not have to fur -
fire; explosion; lightning; smoke resulting from
nlsh these bonds.
such fire, explosion, or lightning; or water; or
2,
The following replaces Paragraph t.d, of
any combination of any of these causes.
SUPPLEMENTARY PAYMENTS — COVER -
The Damage To Premises Rented To You
AGES A AND B of SECTION I — COVER -
Limit will be:
AGES:
a. The amount shown for the Damage To
d. All reasonable expenses Incurred by the
Premises Rented To You Limit on the
Insured at our request to assist us In the
Declarations of this Coverage Part; or
Investigation or defense of the claim or
b. $300,000 If no amount Is shown for the
"suit", including actual loss of earnings up
Damage To Premises Rented To You
to $500 a day because of time off from
Limit on the Declarations of this Coverage
work.
Part.
D. INCIDENTAL MEDICAL MALPRACTICE
4. The following replaces Paragraph a. of the
1.
The following is added to the definition of "oc-
definition of "Insured contract" In the DEFINI.
cumene" in the DEFINITIONS Section:
TIONS Section:
'Occurrence' also means an act or omission
a. A contract for a lease of premises. How-
committed In providing or falling to provide
ever, that portion of the contract for a
'Incidental medical services", first aid or
lease of premises that Indemnifies any
"Good Samaritan services" to a person.
person or organization for "premises
damage" Is not an "Insured contract";
2.
The following is added to Paragraph 2.a.(1) of
SECTION 11— WHO IS AN INSURED:
5. The following is added to the DEFINITIONS
Paragraph (1)(d) above does not apply to
Section:
"bodily Injury" arising out of providing or fall -
"Premises damage" means "property dam-
Ing to provide:
age" to:
(i) "Incidental medical services" any of
a. Any premises while rented to you or tem-
your 'employees' who is a nurse precti-
porarily occupied by you with permission
tioner, registered nurse, licensed practical
of the owner; or
nurse, nurse assistant, emergency medi-
b. The contents of any premises while such
cal technician or paramedic; or
premises is rented to you, If you rent such
(II) First aid or "Good Samaritan services" by
premises for a period of seven or fewer
any of your "employees" or "volunteer
consecutive days.
workers", other than an employed or vol -
6. The following replaces Paragraph 4.b.(1)(b)
unteer doctor. Any such "employees" or
of SECTION IV — COMMERCIAL GENERAL
"volunteer workers" providing or failing to
LIABILITY CONDITIONS:
provide first aid or "Good Samaritan ser -
(b) That Is insurance for "premises damage";
vices" during their work hours for you will
or
be deemed to be acting within the scope
7. Paragraph 4.b.(1)(c) of SECTION IV —
of their employment by you or performing
COMMERCIAL GENERAL LIABILITY CON.
duties related to the conduct of your busl-
DITIONS Is deleted.
ness.
Page 2 of 6
02011 The Travelers Indemnlly Company. All rights reserved.
CO D3 16 11 11
3. The following Is added to Paragraph S. of
SECTION III —LIMITS OF INSURANCE:
For the purposes of determining the applica-
ble Each Occurrence Limit, all related acts or
omissions committed in providing or falling to
provide "Incidental medical services", first aid
or "Good Samaritan services" to any one per-
son will be deemed to be one "occurrence".
4. The following exclusion is added to Para-
graph 2., Exclusions, of SECTION I — COV-
ERAGES — COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the willful violation of a penal statute or
ordinance relating to the sale of pharmaceuti-
cals committed by, or with the knowledge or
consent of, the Insured.
5. The following Is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
Instruction, or the related furnishing of
food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
"Good Samaritan services" means any emer-
gency medical services for which no compen-
sation is demanded or received.
6. The following Is added to Paragraph 4.b., Ex-
cess Insurance, of SECTION IV — COM-
MERCIAL GENERAL LIABILITY CONDI-
TIONS:
The insurance is excess over any valid and
collectible other Insurance available to the in-
sured, whether primary, excess, contingent or
on any other basis, that Is available to any of
your "employees" or "volunteer workers" for
"bodily injury" that arises out of providing or
failing to provide "incidental medical ser-
vices", first aid or "Good Samaritan services"
to any person to the extent not subject to
Paragraph 2.a.(1) of Section II — Who Is An
Insured.
E. WHO IS AN INSURED — NEWLY ACQUIRED
OR FORMED ORGANIZATIONS
The following replaces Paragraph 4. of SECTION
11— WHO IS AN INSURED:
COMMERCIAL GENERAL LIABILITY
4. Any organization you newly acquire or form,
other than a partnership, joint venture or lim-
ited liability company, of which you are the
sole owner or In which you maintain the ma-
jority ownership Interest, will qualify as a
Named Insured if there Is no other insurance
which provides similar coverage to that or-
ganizatlon. However:
a. Coverage under this provision Is afforded
only:
(1) Until the 180th day after you acquire or
form the organization or the and of the
policy period, whichever Is earlier, If you
do not report such organization In writing
to us within 180 days after you acquire or
form It; or
(2) Until the end of the policy period, when
that date Is later than 180 days after you
acquire or form such organization, If you
report such organization In writing to us
within 180 days after you acquire or form
It, and we agree In writing that It will con-
llnue to be a Named Insured until the end
of the policy period;
b. Coverage A does not apply to "bodily Injury'
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal in-
jury" or "advertising Injury" arising out of an
offense committed before you acquired or
formed the organization.
F. WHO IS AN INSURED — BROADENED NAMED
INSURED — UNNAMED SUBSIDIARIES
The following is added to SECTION 11— WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership,
joint venture or limited [[ability company, that Is
not shown as a Named Insured In the Declara-
tions Is a Named Insured If you maintain an own-
ership Interest of more than 50% in such subsidi-
ary on the first day of the policy period.
No such subsidiary Is an insured for "bodily injury"
or "property damage" that occurred, or "personal
Injury' or "advertising Injury" caused by an of-
fense committed after the date, if any, during the
policy period, that you no longer maintain an
ownership Interest of more than 50% In such sub-
sidlary.
CG D3 16 11111 02011 The Travelers Indemnity Company. All rights reserved.
Page 3 of 6
COMMERCIAL GENERAL PABILITY
G. BLANKET ADDITIONAL INSURED — OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS
MANAGERS OR LESSORS OF PREMISES
OF LEASED EQUIPMENT
The following Is added to SECTION 11— WHO IS
The following Is added to SECTION 11— WHO IS
AN INSURED:
AN INSURED:
Any person or organization that Is a premises
Any person or organization that Is an equipment
owner, manager or lessor and that you have
lessor and that you have agreed In a written con -
agreed In a written contract or agreement to In-
tract or agreement to Include as an Insured on
clude as an additional Insured on this Coverage
this Coverage Part Is an Insured, but only with re -
Part is an Insured, but only with respect to liability
spact to liability for "bodilyinjury", 0". "property dam -
for "bodily Injury", "properly damage", "personal
age", „personal Injuryor"advertisingInjury" that:inJury"
or "advertising Injury" that:
a. Is "bodily Injury" or "property damage" that
a. Is "bodily Injury" or "property damage" that
"personal "advertising
occurs, or Is "personal Injury' or "advertising
occurs, or Is Injury' or
Injury" caused by an offense that Is commit -
Injury" caused by an offense that Is commit-
ted, subsequent to the execution of that con -
led, subsequent to the execution of that con-
tract or agreement; and
tract or agreement; and
b. Arises out of the ownership, maintenance or
b. Is caused, In whole or in part, by your acts or
omissions In the maintenance, operation or
use of that part of any premises leased to
use of equipment leased to you by such
you.
equipment lessor.
The Insurance provided to such premises owner,
The Insurance provided to such equipment lessor
manager or lessor is subject to the following pro-
is subject to the following provisions:
visions:
a. The limits of Insurance provided to such
a. The limits of insurance provided to such
equipment lessor will be the minimum limits
premises owner, manager or lessor will be
which you agreed to provide In the written
the minimum limits which you agreed to pro-
contract or agreement, or the limits shown on
vide In the written contract or agreement, or
the Declarations, whichever are less.
the limits shown on the Declarations, which-
ever are less.
b, The Insurance provided to such equipmqnt
b. The Insurance provided to such promises
lessor does not apply to any "bodily Injury" or
'property damage" that occurs, 'personal
owner, manager or lessor does not apply to:
Injuryor "advertising Injury" caused by an of -
(1) Any "bodily injury" or "property damage"
fense that Is committed, after the equipment
that occurs, or "personal injury" or "adver-
lease expires.
Using Injury" caused by an offense that Is
c. The Insurance provided to such equipment
committed, after you cease to be a tenant
lessor is excess over any valid and collectible
In that premises; or
other Insurance available to such equipment
(2) Structural alterations, new construction or
lessor, whether primary, excess, contingent
demolition operations performed by or on
or on any other basis, unless you have
behalf of such premises owner, lessor or
agreed In the written contract or agreement
manager.
that this Insurance must be primary to, or
c. The Insurance provided to such premises
non-contributory with, such other Insurance,
owner, manager or lessor Is excess over any
In which case this Insurance will be primary
valid and collectible other Insurance available
to, and non-contributory with, such other In-
to such premises owner, manager or lessor,
surance.
whether primary, excess, contingent or on
I. BLANKET ADDITIONAL INSURED — STATES
any other basis, unless you have agreed In
OR POLITICAL SUBDIVISIONS—PERMITS
the written contract or agreement that this in-
be to,
The following is added to SECTION 11— WHO IS
surance must primary or non-
AN INSURED:
contributory With, such other Insurance, In
which case this Insurance will be primary to,
Any state or political subdivision that has issued a
and non-contrlbutory with, such other Insur-
permit In connection with operations performed by
ance.
you or on your behalf and that you are required
Page 4 of 6 ® 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 1111
COMMERCIAL GENERAL LIABILITY
by any ordinance, law or building code to Include (it) A manager of any limited liability
as an additional Insured on this Coverage Part is company; or
an Insured, but only with respect to liability for (Ili) An executive officer or director of
"bodily injury", "property damage", "personal in- any other organization;
jury" or "advertising injury" arising out of such op- that Is your partner, joint venture
erations.
member or manager; or
The insurance provided to such state or political
subdivision does not apply to:
a. Any "bodily Injury," "property damage," "per.
sonal Injury" or "advertising Injury" arising out
of operations performed for that state or po-
IRical subdivision; or
b. Any "bodily Injury" or "property damage" in-
cluded in the "products -completed operations
hazard".
J. KNOWLEDGE AND NOTICE OF OCCUR-
RENCE OR OFFENSE
The following is added to Paragraph 2., Duties In
The Event of Occurrence, Offense, Claim or
Suit, of SECTION IV — COMMERCIAL GEN.
ERAL LIABILITY CONDITIONS:
e. The following provisions apply to Paragraph
a. above, but only for the purposes of the In-
surance provided under this Coverage Part to
you or any Insured listed In Paragraph 1. or 2.
of Section 11— Who Is An Insured:
(1) Notice to us of such "occurrence" or of-
fense must be given as soon as practica-
ble only after the "occurrence" or offense
Is known by you (if you are an Individual),
any of your partners or members who Is
an Individual (If you are a partnership or
joint venture), any of your managers who
Is an individual (If you are a limited liability
company), any of your' 'executive offi-
cers" or directors (If you are an organiza-
tion other than a partnership, joint venture
or limited liability company) or any "em-
ployee" authorized by you to give notice
of an "occurrence" or offense.
(b) Any "employee" authorized by such
partnership, joint venture, limited li-
ability company or other organization
to give notice of an "occurrence" or
offense.
(3) Notice to us of such "occurrence" or of an
offense will be deemed to be given as
soon as practicable If It Is given in good
faith as soon as practicable to your work-
ers' compensation Insurer. This applies
only If you subsequently give notice to us
of the "occurrence" or offense as soon as
practicable after any of the persons de-
scribed in Paragraphs e. (1) or (2) above
discovers that the "occurrence" or offense
may result In sums to which the Insurance
provided under this Coverage Pert may
apply.
However, If this Coverage Part Includes an en-
dorsement that provides limited coverage for
"bodily Injury" or "property damage" or pollution
costs arising out of a discharge, release or es-
cape of "pollutants" which contains a requirement
that the discharge, release or escape of "pollut-
ants" must be reported to us within a specific
number of days after Its abrupt commencement,
this Paragraph e. does not affect that require-
ment.
K. UNINTENTIONAL OMISSION
(2) If you are a partnership, joint venture or
limited liability company, and none of your
partners, joint venture members or man-
agers are Individuals, notice to us of such
"occurrence" or offense must be given as
soon as practicable only after the "occur-
rence" or offense is known by: L.
(a) Any individual who Is:
(1) A partner or member of any part-
nership or joint venture;
The following Is added to Paragraph 6., Repre-
sentations, of SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS:
The unintentional omission of, or unintentional
error in, any Information provided by you which
we relied upon In Issuing this policy will not preju-
dice your rights under this insurance. However,
this provision does not affect our right to collect
additional premium or to exercise our rights of
cancellation or nonrenewal In accordance with
applicable Insurance laws or regulations,
BLANKET WAIVER OF SUBROGATION
The following Is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL LI-
ABILITY CONDITIONS:
CG D3 16 111111 0 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6
r
COMMERCIAL GENERAL LIABILITY
If the Insured has agreed In a contract or agree- 3. "Bodily Injury" means bodily Injury, mental
ment to waive that Insured's right of recovery anguish, mental Injury, shock, fright, disability,
against any person or organization, we waive our humiliation, sickness or disease sustained by
right of recovery against such person or organiza- a person, Including death resulting from any
tion, but only for payments we make because of: of these at any time.
a. 'Bodily Injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS
curs; or 1. The following replaces Paragraph c. of the
b. "Personal Injury" or "advertising Injury" definition of 'Insured contract" In the DEFINI-
caused by an offense that Is committed; TIONS Section:
subsequent to the execution of that contract or c. Any easement or license agreement;
agreement. 2. Paragraph f.(1) of the definition of "Insured
M. AMENDED BODILY INJURY DEFINITION contract" In the DEFINITIONS Section Is de -
The following replaces the definition of "bodily leted,
Injury" In the DEFINITIONS Section:
Page 6 of 6 02011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11
s,!: J! a CERTIFICATE OF LIABILITY INSURANCE
1T
D04/1
TYPE OF INSURANCE
04/1012015
012015
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, EVEND 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 CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
HAM E:CTJay-Pelton
PH NE 20 2-2 AX No
o AIL 'a elton idahosif.or
INBURERe AFFORDING COVERAGE NAIC0
MED EV (Any one person) $
INBURERA:
INSURED
INSURERS:
Contractors Northwest Inc
INSURER C:
DBA CNI NW INC
me Idaho State Insurance Fund 36129
PO Box 6300
:Leu
INSURER E
Coeur D Alene, ID 8381&1938
INSURER F:
COVERAGES CERTIFICATE NUMBER: 35 REVISION MB R'
Is
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.
ILTR NBR
TYPE OF INSURANCE
ADDL
S
POUCYNUMBER
POLI TEFF
POLICYEMWDDNYVYL XPLIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS-MAOE El OCCUR
EACH OCCURRENCE $
PREMISES E acw nca$
MED EV (Any one person) $
PERSONAL S ADV INJURY S
GENERAL AGGREGATE S
GEN'L AGGREGATE
POLICY
LIMIT APPLIES PER
PRO -LOC
JFCT
PRODUCTS•COMP/OP AGO S
$
AUTOMOBILE
LIABILITY
ANY AUTO
AUTOSNEO AU'ros LEfI
HIRED AUTOSAUTOSWNED
COM INE03 IT
EeevJds 1
BODILY INJURY (Par person)ALL S
BODILY INJURY (Per accident) $
PROpat�PE dTY AMAGE S
S
UMBRELLA LIAR
EXCESS LIAR
H
OCCUR
CLAIMS -ME
EACH OCCURRENCE $
AGGREGATE E
DED
RETENnON
S
D
WORKERS COMPENSATION IN
AND EMPLOYERS' LIABILITYTORY
ANY OFFICERIMEMBERREXC EXCLUDED? ECUTIVE Y❑
(Mandatory In NH)
It describe describe under
DESCRIPTION OF OPERATIONS Wow
MIA
523027
04101/2015
04/01/2016
X WC STATU• X orH- Increased EL
LIMIT
E.L. EACH ACCIDENT S 500,000
E.L. DISEASE -EA EMPLOYE $ 500,000
E.L. DISEASE -POLICY LIMB I S 500,000
DESCRIPTION OF OPERATIONS / LOCATIONS IVEHICLES (Aeach ACORD 101, Additional Remade Schedule, Ifmom space la required)
Well 19 Treatment Facility Construction
25
City of Meridian
Attn: Finance
33 E Broadway Ave Ste 106
Meridian, ID 83642
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
®1988-2010
The ACORO name and logo are registered marks of ACORD
reserved.
Bond No. 23029004
Document A312TM - 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR:
(Name, legal stahts and address)
Contractors Northwest, Inc.
R O. Box 6300
Coeur d'Alene, ID 83816-1938
OWNER:
(Mame, legal slants and address)
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
CONSTRUCTION CONTRACT
Date: April 9, 2015
Amount: $650,680.00
SURETY:
(Name legal starts and principal place of business)
Liberty Mutual Insurance Company
1001 4th Ave Suite 1700
Seattle, WA 98154
Mailing Address for Notices
1001 4th Ave Suite 1700
Seattle, WA 98154
This document has Important legal
consequences. Consultation with
an attorney Is encouraged with
respect to its completion or
modifrca96n.
Any singular reference to
Contractor, Surety, Owner or
other party shall he considered
plural where applicable.
Six Hundred Fifty Thousand Six Hundred Eighty Dollars and 001100
Description:
(None and location)
Well 19 Treatment Facility - Constuction, Project #10418
BOND
Dute: April 29, 2015
Not earlier than Construction Contract Date)
Amount: $650,680.00 Six Hundred Fifty Thousand Six Hundred Eighty Dollars and 001100
Modifications to this Bond:xl None ❑ See Section t8
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal) cx�
Contractor orthwest, In Liberty Mutu Insurance CompanySignatu Signature: us r=
Name Dr D 6 N HAAGE SOi Nva thy tlrley
and Title: CEO L/ and Tide: Attorney -in -Fact
(Any additional signatures appear on fire las! page of this Payment Bond.)
(FOR INFORbIATIONONLY —Aliens, addims and telephone)
AGENT or BROKER:
Wells Fargo Insurance Services USA, Inc.
601 W. Main, Suite 1400
Spokane, WA 99201
509-358-3800
S-21491AS 8110
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other parry:)
V1
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment fbmished for use in the performance of the Construction Contract, which Is incorporated herein by reference,
subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indomniites and holds harmless the Owner from claims,
demands, liens or suits by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the
Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond.
§ 3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety (at the address described In Section 13) of claims, demands, liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the
Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold
harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 6 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 6.1 Claimants, who do not have a direct contract with the Contractor,
.1 have famished a written notice of non payment to the Contractor, stating with substandrl accuracy the amount claimed and the
name of the party to wham the materials were, or equipment was, furnished or supplied or for whom the labor was done or
performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included In the Claim;
and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 8.2 Claimants, who aro employed by or have a direct contract with the Contractor, have sent a Clain to the Surety (at the address described in
Section 13).
§ 6 If a notice ofnon•payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's oblignlion
to funUsh a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's
expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days ufter receipt of the Claim, staling the amounts that am
undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7,2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement,
If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shell indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of We Construction Contract
and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Band, they agree
that all Ponds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work.
5-21401AS 8110
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no
obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surely hereby waives notice of any change, including changes of time, to the Construction Contractor to related subcontracts, purchase
orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other then in a court of competent jurisdiction In the stale in which the
project that is the subject of the Construction Contractls located or after the expiration of one year from the date (1) on *hlch the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the lost labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void
or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears. Actual receipt ofnodco or Claims, however accomplished, shall be sufficient compliance as of the date received.
§ 14 When this Bond hes been fitmished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with sold statutory or legal requirement shall be deemed deleted herefiom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the Intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly famish a
copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursoenfto which labor, materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Concoction Contract;
.6 the total amount earned by the Claimant fir labor, materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the dale of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract. Tho term Claimant also includes any Individual or entity that has
rightfully asserted a claim under an applicable mechanic's Ben or similar statute against the real property upon which the Project is located. The intent
of this Bond shall be to include without limitation in the terns "labor, materials or equipment" that part of water, gas, power, light, heal, oil, gasoline,
telephone service or rental equipment used in the Construction Cootrect, architecture[ and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the Jurisdiction where the
labor, materials or equipment were firmished.
§ 16.3 Construction Contract, The agreement between the Owner and Contractor identified on the cover poge, Including all Contract Documents
and all changes made to the agreement and the Contract Documents.
5.2149/AS 8110
§ 16.4 Owner Default, Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 16.6 Contract Documents. All the documents that comprise bre agreement between the Owner and Contractor,
§ 171f this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Conlruclor.
§ 18 Modifications to this bund are us follows:
(Space k provided below for additional slgnalures ofadded parties, other than (hare appearing on the cowr'page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Capoate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S•21491AS 8110
This power of Attorney limina the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Not
valid for mortgage, note, loan, letter of credit bank deposit, currency rate, Interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call
SIM32.8240 between 9:00 em and 4,30 pm EST on any business day.
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: Thal American Fire B Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws
of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the Slate of Masuechusells, and West American Insurance
Company Is e corporation duty organized wader the laws of IN State of Indiana (herein collectively called the'Companleay, pursuant to and by authority herein set forth, does hereby
following
Principal Name: Contractors Northwest, Inc.
Obligee Name: City of Meridian
Surety Bond Number: 23029004 Bond Amount See Band Form
IN WITNESS WHEREOF, [his Power of ANomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been allied
thamtothisi8h_dayofNovember 2013.
INSUq �tw INSU NlusugA American Fire and Casualty Company
ar Rq 5° �° ° Rr Sy y The Ohio Casualty Insurance Company
(Oc)oc)
�`%"oreLiberty Mutual Insurance Company
9tz� ' -b, 19191991 >Was mmericcaannlInsurance Company
'ACN,/'r-" T?WHrHgT2>; rAb1ANp Y -isy:
} } } David ;Carey, Assistant Secretary
STATE OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 180 day of Novernber 2013. before me personally appeared David M. Corey, who acknowledged himself to be the Assistant Secrelary at American Fire and Casually Company,
Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Ineumnos Company, and that he, as such, being authorized an to do, execute the foregoing
Insbumen[ forthe purposes therein contained by signing on behalfol the corporations by himself as a duty authorized officer.
I ham hemuntosubscribed my name and affixed my nalodal seal at Plymouth Meeting, Pennsylvania, on Ore day and year first above wd0en.
�Q, o�ao21�lnd
COMMONWEALTH OF PENNSYLVANIA
ti oNotarial SealTeresa Paalells, Notary PubllcBY:
PlymouthTvp., Montgomery County Teresa Paslells, otary Public
MyCommlsslonExptres March 20,2017
Aln Member Penmylvenle Assorla lon of Ndn a.
This Power of Allo executed pursuant to and by authority of the to owing By-laws and Authorizations of American Fire and Casually Company, The Ohio Casualty
Insurance Company, Liberty Mutual Insurance Company, and WaslAmedcan Insurance Compamywhlch resoNlons am now M fug force ande0ad reading as follows:
ARTICLE N— OFFICERS — Sectlon 12. Power of Atlomey. Any ol5oer or otherofficial of the Corpomtlon authorized for that purpose In writing by the Chairman or the President and
subject to such Imitation as the Chalmran or the President may prescribe, Shell appoint such aaomeysdmfac, as may be necessary to act In behalf of the Corporation to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bolds, rscognlzznces and other surely obligations. Such aBomeys-indecl, subled to the limitations set forth In their
respective powers of attorney, shall have full power to bind the Corporation by their signature and exemdloh of any such Instruments and to attach therato the seal of the Corporation.
When so executed, such Inahumanth shell be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or allomay.
Wool under the provisions of this aNcle may be revoked at any time by the Board, the Chairman, the President or by the officer orofficers granting such power or auONrity.
ARTICLE XIII — Execution of Contracts — SECTION 5. Surety ponds and UndedeNrlgs. Any officer of the Company eulhodard for that purpose in wrlling by the chairman or the
president and sub)acl to such fimtiegons as the chairman or the president may prescribe, shag appoint such allomeys-In-fact, as may be necessary to act In behalf of the Company to
make, execute,seal, acknowledge and deliver as surety any and all undertakings,bonds, recognlzareces and othersuetyobtigations. Such affomeys-In-lacsubled to the limitations set
forth In their respective powers of allomsy, shell have full power to Nnd the Company by their signature and execution of any such Instruments and lo attach thereto Ole seal of the
Company. When so executed such Instruments shall be as binding es uslgned by the president and attested by the secretary.
Certificate of Designation —The President of the Company, acting pursuant to the Byiaws of the Company, autlmdaes David M. Carey, Assistant Secretary to appoint such atiomeys-
In-lad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and ati undertakings, bonds, recognhanoes and other
surety obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of
the Company, wherever appearing upon a cortlfied copy of any power of attorney Issued by the Company In connection with surety bonds, shall be valid and binding upon the Company
with the Same fume and effect as though manually affixed. - i
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fite and Casualty Company,. The Ohlo,Cesually Insurance Company, Liberty Mutual Insurance
Company, and West American Insurance Company do hereby eerily that the adgthal power of attorney orwhhh the'fonigolny Is a MI, Into and oned copy of the Power of Niamey
executed by said Companies, Is In full farce and afiecland has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals ofsaid Companies this 29th dayol April 2015
eq'pN�`As4� Jp�1N5Ugq Jµt �Nab�'4 JxLINSCUflgA,r �ii�^
1906 i o 1912 ,e dm 1919 1991 = Y GregoryW. DavenporLAsslstanlSedelary
yrI-x, MAM1 p�Cx mij ACMw'�T= y'1 �'HAMT= 3 rNbIAN� T
Bond No, 23029004
Document A312TM -2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR:
(Marne, legal stains and address)
Contractors Northwest, Inc.
P. O. Box 6300
Coeur d'Alene, ID 83816-1938
OWNER:
(Mance, legal sralas and address)
City of Meridian
33 East Broadway Avenue
Meridian, ID 83642
CONSTRUCTION CONTRACT
Date: April 9, 2015
Amount: S 650,680.00
SURETY:
(Marne, legal stapes and principal place ofbrrsiness)
Liberty Mutual Insurance Company
1001 4th Ave Suite 1700
Seattle, WA 98154
Melling Address for Notices
1001 4th Ave Suite 1700
Seattle, WA 98154
This document has Important legal
consequences. Consullatlon with
an attorney Is encouraged with
respect to Its completion or
modigca8on.
Any singular reference to
Con(ractor, Surely, Owner or
other party shall be considered
plural where applicable.
Six Hundred Fifty Thousand Six Hundred Eighty Dollars and 00/100
Description:
(Maine and location)
Well 19 Treatment Facility - Constuction, Project #10418
BOND
Date: April 29, 2015
(Not earlier than Consinecrlon Canton! Date)
Amount: 5650,680.00 Six Hundred Fifty Thousand Six Hundred Eighty Dollars and 00/100
Modifications to this Bond: 0 None [] Sec Scotian 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Contractors Northwest, Y�Z. Liberty Mul al Insurance Company
Name D
and Title:
and Title:
(Any additional signatures appear on the last page of this Performance Bond)
(FOR JNFO&VA770NOft P —Name. address and telephone)
AGENT or BROKER:
Wells Fargo Insurance Services USA, Inc.
601 W. Main, Suite 1400
Spokane, WA 99201
509-358-3800
S-18621AS 6110
OWNER'S REPRESENTATIVE:
(Architect, Engineer or ollrer parry:)
a
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein by reference.
§ 21f the Contractor performs the Construction Commel, the Surety and the Contractor shall have no obligation under this Bond, except when
applicable to participate in a conference as provided in Section 3.
§ 3Ifthem is no OwnerDafault under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such
notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss die
Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt or
the Owner's notice, request such a wnference. If the Surety timely requests a conference, the Ownershall attend. Unless the Owner
agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt
of the Owne's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner hes agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shell not constitute a failure to comply with a condidon
precedent to the Surety's obligations, or release the Surely from its obligations, except to the extent die Surety demonstrates actual prejudice.
§ 6 When the Owner hus satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions:
§ 6.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 6.2 Undertake to perform and complete the Construction Contract itself, through its agents or Independent contractors;
§ 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Ownees concurrence, to be
secured with performance and payment bonds executed by a qualifhed surety equivalent to the bonds Issued on the Construction Contract, and pay to
the Owner the amount of damages as described In Section 7 in excess of the Balance of the Contract Price Incurred by the Owner as a result of the
Contractor Default; or
§ 6.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, make payment to the Owner, or
.2 Deny liability In whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be In default on this Bond
seven days after receipt of on additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond, and the Ownersholl be entitled to enforce any remedy available to the Owner. If die Surely proceeds as provided In Section 5A, and the
Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
5-1852/AS 8/10
§ 71f the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to Ilia Owner shall not be greater than those of the
Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without
duplication, for
.1 the responsibilities of the Contractor for correction ofdefeellve work and completion of the Construction Contract;
.2 additional legal, design professional and delay costs resulting &am the Contraelues Default, and resulting from the actions or
fallure to act of tie Surety under Section 5; and
.3 .liquidated damages, or if no liquidated damages are specified In the Construction Contract, actual damages caused by delayed
perfbrrnance or non-performance of the Contactor.
§ 81f the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to ilia amount of Ibis Bond.
§ 9 The Surely shall not be liable to the Owner or others for obligations of the Contractor that aro unrchildd to the Construction Contract, and the
Balance or the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on Otis
Bond to any person or entity other than the Owner or Its heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, Including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 11 Any proceeding, legul or equitable, under this Bond may be Instituted in any court of competent jurisdiction In the location in which die work or
part of the work Is located and shall be Instituted within two years after a decloraOon of Contractor Default or wlddn two years after die Contractor
coaled working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the
provisions of this Paragraph are void or prohibited by lase, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§ 13 Men this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common Insv'bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to die Contractor trader the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
Insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalrorthe
Contractor under the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contactor, which has not been remedied or waived, to perform or otherwise to comply with a material
term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terns of the Construction Contract.
§ 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 16 If this Bond Is Issued for an agreement between a Contractor and subcontractor, the term Contractor In this Bond shell be deemed to be
Subcontractor and the tern Owner sboll be deemed to be Contraator.
$4S82/AS alto
§ 16 Modifications to this bond are as follows:
(Space Is provided below for additional signatures ofaddad parties, older than those appearing on the coverpoge.)
CONTRACTOR AS PRINCIPAL.
SURETY
Company: (Corporate Seal)
Company: (Co)porate Seal)
Signature:
Signature:
Nome and Title:
Name and Title:
Address
Address
S-16521AS 8110