HomeMy WebLinkAboutIndependent Contractor Services Agreement with Custom Electric for Well 15. Well 18 and Well 26 Control System UpgradesCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WELL 15, WELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES -
CONSTRUCTION
PROJECT # 10417.h
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 7th day of
July, 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 Custom Electric. Inc, hereinafter referred to
as "CONTRACTOR", whose business address is 104 E. Fairview Ave #102. Meridian, ID
83642 and whose Public Works Contractor License # is C -12614 -AAA -4.
INTRODUCTION
Whereas, the City has a need for services involving WELL 15, W ELL18 AND
JNTROL SYSTEM UPGRADES - CONSTRUCTION; and
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
Contract 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 Exhibit "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,
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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 Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not -To -Exceed amount of $127.870.00.
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 Exhibit A.
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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 Exhibit 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.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 45 (forty five) 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 $300.00
(three 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 60 (sixty) 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 $300.00 (three 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 in the Payment Schedule
for Substantial Completion.
5. Termination:
5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations underthis 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.
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5.2 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.
6. Independent Contractor:
6.1 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 Exhibit 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.
6.2 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.
6.3 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.
7. Sub -Contractors:
Contractor shall require that all of its sub -contractors be licensed per State of Idaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. If, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
9. Indemnification and Insurance:
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9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers 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 specifically
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 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.
9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating
of no less than A-.
9.3 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.
9.4 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
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the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 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.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. 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.
11. 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.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of Idaho. In the event that the contract is subsequently terminated for
failure to perform, the contractor and/or surety will be liable and assessed for any
and all costs for the re -procurement of the contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance perthe 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.
13. 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
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amendments which shall be executed with the same formalities as this Agreement.
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. Items
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. 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: httD://www.meridiancity.or(l/environmental.asr)x?id=13618.
16. 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.
17. Reports and Information:
17.1 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.
17.2 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.
18. 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 permit the CITY to audit, examine, and make excerpts or
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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.
19. 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.
20. Equal Employment Opportunity:
In performing the work herein, Contractor agrees to comply with the provisions of
Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. 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.
21. Employment of Bona Fide Idaho Residents:
Contractor must comply with Idaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide Idaho residents.
22. 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.
23. 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.
24. Construction and Severability:
If any part of this Agreement is held to be invalid or unenforceable, such holding will
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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.
25. 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.
26. 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.
27. 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 of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
In performing the scope of work required hereunder, CONTRACTOR shall comply
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with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32. 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.
33. 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 CUSTOM ELECTRIC, INC
Purchasing Manager Attn: Russell Steadman
33 E Broadway Ave 104 E. Fairview Ave., #102
Meridian, ID 83642 Meridian, ID 83642
208-489-0417 Phone: 208-855-0228
Email: Russel lCa)customelectricinc.net
Idaho Public Works License # C -12614 -AAA -4
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.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN
BY: C Cc r1 , R
U"La
Dated:—% 1�//
Approved by Council:.
city 0E
RK \Daxo
CUSTOM ELECTRIC, C
BY:
RUSSELL STEADMAN, Vice President
6 . u2 �? - .2 0/5
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Purchasin Apar v P
BY:
KEIT // S, Purchasing Manager
Dated:: �P .3Q / ®—
Project Manager
Clint Worthington
Department Ap i!oval
BY: a - - -1
WARREN STEWART, Engineering Manager
Dated:: (,t '
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EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW -15-10417.h
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW -15-10417.h, are by this reference made
a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the 2012 version of
the Idaho Standards for Public Works Construction (ISPWC), the 2013 City
of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
• PLANS NAME BY Bowen Collins & Associates, Inc
dated 4-27-2015 (35 pages)
SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by Bowen
Collins & Associates, Inc
PART 1 — GENERAL
1.1 SUMMARY
A. Section includes administrative and procedural requirements for unit prices.
1.2 DEFINITIONS
A. Unit price is an amount incorporated in the Agreement, applicable during the
duration of the Work as price per unit of measurement for materials, equipment,
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or services, or a portion of the Work, added to or deducted from the Contract Sum
by appropriate modification, if the scope of Work or estimated quantities of Work
required by the Contract Documents are increased or decreased.
1.3 PROCEDURES
A. Unit prices include all necessary material, plus cost for delivery, installation,
insurance, applicable taxes, overhead, and profit.
B. Owner reserves the right to reject Contractor's measurement of work -in-place
that involves use of established unit prices and to have this work measured, at
Owner's expense, by an independent surveyor acceptable to Contractor.
C. List of Unit Prices: A schedule of unit prices is included on the Bid Form.
Drawings referenced in the schedule contain requirements for materials
described under each unit price.
1.4 MEASUREMENT AND PAYMENT
A. This section defines the manner in which the Lump Sum Prices, Unit Prices,
and the Allowances listed in the Bid Schedule will be used to determine
measurement and payment for all Work.
Bid amounts will include all plant, equipment, tools materials, labor, service,
and all other items required to complete the Work included in the Agreement
unless specifically excluded by this section. Work required for which no
separate Bid item is identified will be considered as a subsidiary obligation of
the Contractor, and the cost therefore shall be included in the most
applicable Bid item.
C. Payment for all items of the Bid Schedule shall include all compensation to be
received by the Contractor for furnishing all tools, equipment, supplies,
and manufactured articles, and for all labor, operations, and incidentals
appurtenant to the items of Work being described, as necessary to
complete the various items of the Work all in accordance with the requirements
of the Contract Documents, including all appurtenances thereto, and including
but not limited to all costs of permits and cost of compliance with the regulations
of public agencies having jurisdiction, including Safety and Health
Requirements of the Utah Division of Industrial Safety and the Occupational
Safety and Health Administration of the U.S. Department of Labor (OSHA).
D. All costs shall be included in the prices named in the Bid Schedule for the
various items of Work. Except as otherwise provided herein, no separate
payment will be made for any item that is not specifically set forth in the Bid
Schedule.
E. All estimated quantities stipulated in the Bid or other Contract Documents are
approximate and are to be used only (a) as a basis for estimating the probable
cost of the Work and (b) for the purpose of comparing the Bids submitted for
the Work. The actual amounts of Work done and materials furnished
under unit price items may differ from the estimated quantities. The bass
of payment for work and materials will be the actual amount of work done and
materials furnished. Contractor agrees that he will make no claim for
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damages, anticipated profits, or otherwise on account of any difference
between the amounts of work actually performed and materials actually
furnished and the estimated amounts thereof.
1.5 LUMP SUM - MEASUREMENT AND PAYMENT
A. Lump Sum Bid Items
Bid Item No. 1 — Mobilization/Demobilization
a. No measurement will be made for this bid item
b. The sum allowed for Bid Item No. 1 as set forth in the Bid Form includes
all Work for and in connection with the construction contract in its entirety,
including but not limited to all costs associated with permit fees and other
related costs to ensure compliance with the Division of Building Safety.
c. Payment for Work under these Bid items will be based on the approved
breakdown of costs (Schedule of Values) for each scheduled activity and
the percentage of completion for each activity in accordance with the
Contract Documents and as approved by the Engineer.
d. Payment for mobilization —Mobilization, shall equal six percent (6.0%) of
the total lump sum bid price. The payment for mobilization is not in
addition to but is part of the lump sum price forthe Work. A separate activity
for mobilization shall be included in the Schedule of Values. This activity
shall include all principal items and all submittals as applicable. The
remaining lump sum, except as otherwise required by this Agreement, shall
be appropriately distributed among the remaining work activities that make
up the total lump sum price. No more than 25 percent of the payment for
mobilization will be paid until all submittals have been approved bythe
Engineer. 100 percent of the payment for mobilization will not be paid
until 30 percent of the total Contract amount is earned.
2. Bid Item No. 2 — Instrumentation
a. No measurement will be made for this bid item.
b. The sum allowed for Bid Item No. 2 asset forth in the Bid Form includes
all Work for and in connection with the construction contract in its entirety,
including but not limited to all costs associated with permit fees and other
related costs to ensure compliance with the Division of Building Safety.
c. Payment for Work under this Bid item will be based on the approved
breakdown of costs (Schedule of Values) for each scheduled activity
and the percentage of completion for each activity in accordance with the
Contract Documents and as approved by the Engineer.
3. Bid Item No. 6 — Testing
a. Measurement will be made during startup as described on Drawing 1-000
for this bid item.
b. The sum allowed for Bid Item No. 6 asset forth in the Bid Form includes
all Work for and in connection with the construction contract in its entirety,
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including but not limited to all costs associated with permit fees and other
related costs to ensure compliance with the Division of Building Safety.
c. Payment for Work under this Bid item will be based on the approved
breakdown of costs (Schedule of Values) for each scheduled activity
and the percentage of completion for each activity in accordance with the
Contract Documents and as approved by the Engineer.
4. Bid Item No. 7 — Other Miscellaneous
a. No measurement will be made for this bid item.
b. The sum allowed for Bid Item No. 7 asset forth in the Bid Form includes
all Work for and in connection with the construction contract in its entirety,
including but not limited to all costs associated with permit fees and other
related costs to ensure compliance with the Division of Building Safety.
c. Payment for Work under this Bid item will be based on the approved
breakdown of costs (Schedule of Values) for each scheduled activity
and the percentage of completion for each activity in accordance with the
Contract Documents and as approved by the Engineer.
1.6 UNIT PRICE — MEASUREMENT AND PAYMENT
A. Measurement and calculation of quantities for payment to be as indicated in
this section.
B. Unit prices or lump sum amounts to include full compensation forfurnishing all
labor, materials, products, tools, equipment, transportation, services and
incidentals; erection, application or installation of an item of the Work; overhead
and profit, and doing all work shown on the Drawings, defined in the
Specifications, and/or stipulated herein.
C. Payment covers the cost of incidental work which includes: quality control and
testing; temporary facilities; as -built drawings; removal and disposal of
waste materials; constructing needed temporary access to construction
areas; removal and replacement of landscape materials and irrigation
systems equal to or better than existing if damaged by the Contractor's
operations; temporary watering of landscape strips and landscaping while
irrigation facilities are being repaired; dust control; site cleanup; and all other
necessary work, to install the Work complete in place.
WELL 15, W ELL18 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 15 of 16
Project 10417.h
10
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$127,870.00.
Milestone 1 Substantial Completion 45 Days from Notice to Proceed
Milestone 2 Final Completion 60 Days from Notice to Proceed
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WELL 15, WELL18 AND WELL 26 - CONTROL SYSTEM UPGRADES - CONSTRUCTION per
IFB PW -15-10417.h
CONTRACT TOTAL ....................... $127.870.00
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.
Item No.
I Description
I QuantitV
I Unit
I Unit Price
1
Mobilization/Demobilization:
1
LS
$825.00
2
Instrumentation:
(Drawings 1-110, 1-210, & 1-310
1
LS
$43,050.00
3
PLC Control Panels:
(Drawings 1-120, 1-220, 1-320)
3
EA
$22.840.00
4
Power Monitor Panels:
6(Drawing 1-000 1 LS $2,900.00
Other Misc.:
7 Include all misc. work not mentioned herein. 1 LS 1 $3,500.00
WELL 15, WELL18 AND WELL 26 -CONTROL SYSTEM UPGRADES -CONSTRUCTION page 16 of 16
Project 10417.h
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Details - License Number: PWC -C-12614
Lis Info (Fees $Z950.001
Registration#: PWC -C-12614
Issue: 4/15/2015
Expire: 4/30/2016
Type: PUBLIC WORKS
Sub -Type: AAA
Status: ACTIVE
Company: Custom Electric, Inc.
Phone: (208) 855-0228
Cell: (208)941-6390
Pager:
Fax: (208)855-5041
Owner Name:
Page: 1 of 1 ;Next, ,Lasl,
the Orvision of building Safety.makes every enod to protluce and publish the most airzenl and accalate infonnalwu possible No rrartanGes, expressed or implled, are pmvM.d for the data'I"Ou ds use, or
its interpretation. Ulilaation of This erebsile indicates understanding and acceptance o(Ihis statement
1-800.9553044, 1090 E WaledovrerSt, Suite 150 Meridian ID 83642
HOME I CONTACT
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IDAHO SECRETARY OF STATE
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Viewing Business Entity
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Lawerence Denney, Secretary of State
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CUSTOM ELECTRIC, INC.
104 E. FAIRVIEW AVE. BOX 102
MERIDIAN, ID 83642
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDING 18 Dec 1995
State of Origin: IDAHO
Date of 18 Dec 1995
Origination/Authorization:
Current Registered Agent: RUSSELL STEADMAN
124 NW 10TH ST SUITE 104
MERIDIAN, ID 83642
Organizational ID / Filing C113026
Number:
Number of Authorized Stock 100000
Shares:
Date of Last Annual Report: 15 Oct 2014
Annual Report Due: Dec 2015
Original Filing:
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Annual Reports:
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s1. O� CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/OD
06/26/2001515
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 policy(ies) 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 ,��gp BN��-,
BALLENGER INSURANCE y+' lig
CEINa:
333���"'
P 0 BOX 450I +�,a n
J
NAMPA ID 83653 V U 2015
-
CONTACT BRENDA SCOTT
PHONE (20B) 466-8944 Fax (2OB) 465-0539
AC
aDoale :brenda(Pballengerin_surance. coal
INSURER(S) AFFORDING COVERAGE NAIC p
--
INSURER A:AUTO-OWNERS INSURANCE A +4-
1
[NRED IC:62226 °-'r- -
TOM ELECTRIC INC
BOX 102
IDIAN ID 83642INSURERS:
-
INSURER B:AUTO-OWNERS INSURANCE
INSURER C:AUTO-OWNERS INSURANCE
INSURERD:AUTO-OWNERS INSURANCE
INSURER F
COVERAGES CERTIFICATE NUMBER- RFVIRION NUMRFR-
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
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MMIDDNYYY)
POLICY EXP
(MMIDDIYYYYJ
LIMITS
A
GENERAL LIABILITY
57352562
05/11/201505/11/2016
EACH OCCURRENCE $ 1,000,000
X COMMERCIALGENERAL LIABILITY
CLAIMS -MADE OCCUR
/ /
/ /
/ /
/ /
DAMAGE TO RENTED 300,000
PREMISES Ea occurrence $
MED EXP (My one person) $ 10,000
PERSONAL B ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
/ /
/ /
PRODUCTS - COMPIOPAGG $ 2,000,000
POLICY PRO LOC
/ /
/ /
HRDANDNON-OWNED $ 1,000,000
B
AUTOMOBILE
LIABILITY
50-352582-00
05/11/201505/11/2016
COMBINEDSINGLESINGLE LIMIT 1,000,000
X
ANY AUTO
/ /
/ /
BODILY INJURY (Per person) $
1AUTOS
ALL OWNED SCHEDULED
AUTOS AUTOS
/ /
/ /
BODILY INJURY (Per accident) $
HIRED AUTOS NON-0WNED
/ /
/ /
PROPERTY DAMAGE $
Per accident
$
/ /
/ /
C
X
UMBRELLA LIAR
X
OCCUR
50-352582-01
05/11/201505/11/2016
EACH OCCURRENCE $ 1,000,000
EXCESS LIAB
CLAI:IiIADE
/ /
/ /
AGGREGATE $ 1,000,000
DED I I RETENTION
/ /
/ /
$
D
WORKERS COMPENSATION
57106919
06/01/201506/01/2016
WC STATU- OTH
TORY I IMITS PR
AND EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNEWEXECUTIVE�
OFFICERIMEMSER EXCLUDED?
(Mandatory In NH)
NIA
/ /
/ /
/ /
/ /
E.L. EACH ACCIDENT $ 1,000,000
E.L DISEASE - EA EMPLOYE $ 1,000 000
If yes, describe antler
DESCRIPTION OF OPERATIONS below
/ /
/ /
E.L. DISEASE -POLICY LIMIT $ 1,000 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CITY OF MERIDIAN PURCHASING DEPARTMENT
33 E BROADWAY AVE. STE. 106
MERIDIAN ID 83642 -
ACORD 25 (2010105)
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
INS 025(2010o5).01 The ACORD name and logo are registered marks of ACORD
JUN 3 0 2015
#1AIA Document A312TM . 2010FINAN E DEPT
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Custom Electric, Inc.
104 E Fairview Ave
Meridian, Idaho 83642
OWNER:
(Name, legal status and address)
City of Meridian
33 E Broadway Ave
Meridian, Idaho 83642
CONSTRUCTION CONTRACT
Date: 07/07/2015
Amount: $127,870.00
SURETY:
(Name, legal status and principal place
of business)
Indemnity Company of California
17771 Cowan Suite 100
Irvine, CA 92614
Description:
(Name and location) Well 15, Well 18 and Well 26- Control System Upgrades -
Construction
Project #10417.h
BOND
Date: 07/07/2015
(Not earlier than Construction Contract Date)
Amount: $127,870.00
Modifications to this Bond: ® None ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company
Custom Electric, Inc. Indemnity Company of
Signature: ` Signatu
�17Name r,.5 foA Sty— Name
and Title: U"'t P/4 e S; d i— #Per
and Titie.
(Any additional signatures appear on the lasi page of th
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Allied Bonding (Architect, Engineer or other party.)
5605 Overland Rd.
Boise, ID 83705
Phone (208) 345-4177
Fax (208) 384-1677
Seal)
Bond No. 491053P
This document has Important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, Into one form.
This is not a single combined
Performance and Payment Bond.
IntL ••m• um nasi,•--eunu. me AmenranlnsGtuteorArchaects. - aniu
§ 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.
§ 2 If the Contractor performs the Construction Contract, 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.
§ 3 If there is no Owner Default 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 the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall 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 Owner'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 Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Constmction Contract and notifies the Surety;
and
.3 the Owner has 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 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 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 Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified 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
§ 5.4 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 an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, 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.
Ink AIA Document A312--2070. The American Inafaute of Amhitects.
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the 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 of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this 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, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased 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 law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice 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.
§ 13 When 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 law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under 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 behalf of the 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 Contractor, 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 terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If 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 Contractor.
Inn. AIA Document Aat2^ —2010. The American Institute of AmhRects.
§ 16 Modifications to this bond are as follows:
None
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that
changes will not be obscured.
Init. AIA Document A072--2010. The American lnalauts of Amhhects.
4
%SAIA Document A312 TM .2010
Payment Bond
CONTRACTOR:
(Name, legal status and address)
Custom Electric, Inc.
104 E Fairview Ave
Meridian, Idaho 83642
OWNER:
(Name, legal status and address)
City of Meridian
33 E Broadway Ave
Meridian, Idaho 83642
CONSTRUCTION CONTRACT
Date: 07/07/2015
Amount: $127,870.00
SURETY:
(Name, legal status and principal place
of business)
Indemnity Company of California A
17771 Cowan Suite 100
Irvine, CA 92614
Description:
(Name and location) Well 15, Well 18 and Well 26- Control System Upgrades -
Construction
Project #10417.h
BOND
Date: 07/07/2015
(Not earlier than Construction Contract Date)
Amount: $127,870.00
Modifications to this Bond: ® None ❑ See Section 18
CONTRACTOR AS PRINCIPAL SURETY
JUN 3 0 2015
Bond No. 491053P
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to Its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
Company: (Corporate Seal) Company: (Corporate Seal)
Custom Electric,
In///c///.>> Indemnity Compa y of California
Signature: eSignamre ---
Name <5"r// St=-tdw-=' Name
and Title: U s Cc r'�^ d {— Kary A R' ter, Attorn -In-Fact
5. +--�- and Title: /
(Arty additional signatures appear on the last page of this Payment and)
(FOR INFORMATION ONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Allied Bonding (Architect, Engineer or otherparty.)
5605 Overland Rd.
Boise, ID 83705
Phone(208)345-4177
Fax (208) 384-1677
Init. AIA Document A312-- 2010. The Amedcan Institute of architects.
murs
5
§ 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 famished 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, indemnifies 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 furnished 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.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 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 substantial accuracy the
amount claimed and the name of the party to whom 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).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section S.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 after receipt of the Claim,
stating the amounts that are 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 shall 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 the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds 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.
InIL AIAnocumant A312^-2010. The American Institute ofAmhitects.
§ 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 Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5. 1.2 or 5.2, or (2) on which the last 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 of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
§ 14 When 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 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 pursuant to 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 Construction Contract;
.6 the total amount earned by the Claimant for 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
date 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 famish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
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 terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Construction Contract, architectural 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
furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
[nit. AIA Document A312"'-2010. The Amsdi n Institute of Architects.
§ 18.4 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.
§ 18.8 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If 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 Contractor.
§ 18 Modifications to this bond are as follows:
None
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that
changes will not be obscured.
Inst AIA Document A312-- 2010. The American lnetauM ofArchheets.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
***Karyl A. Richter, Janet K. Hoithaus, jointly or severally***
as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these
presents, are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015.
By:v AND /ry'9 PANY
Daniel Young, Senior Vice -President yJ,;+ogPORgtcFyZe, > O¢POR,9T 9
OCT. ••i -� a Z ? OCT. 5 F� T
10
-'02 11 W 1967
By: :.oma: 1936
Mark Landon, Vice -President `s"xq�-•.,, /pyy p,,: ,dD,€ eq/,�„a¢�PL�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On January 29 2015 before me, Lucille Raymond Notary Public
Date Hera Inmrt Name and Tun omae @ricer
personally appeared _... _. ...,Daniel Ypungand Mark Lansdon
Namals)a(signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in histher/their authorized
capacity(ies), and that by his/her/their signatme(s) on the instrument the perscri or the entity upon behalf of
LUCILLE RAYMOND which the person(s) acted, executed the instrument
Commisslon ar 208195
Notary Public • California i I cerfiy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Orange County n true and correct.
My Comm. Expires Oct 13, 2015
WITNESS my hand and official seal.
Place Notary Seal Above Signature
" �k�
Lucill V y ond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this day of \v ty ,90 .
N�� l
By: C
Cassie J. •mislaid, Assistant 6exptary
ID-1380(Rev01/15)