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HomeMy WebLinkAboutPublic Works Construction Contract with Pipeline Inspection for Sewer Manhole RetrofitsCONTRACT FOR PUBLIC WORKS CONSTRUCTION SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 PROJECT # 10565 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 11 `h day of August, 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 Pipeline Inspection Services, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 3023, Nampa, ID 83653 and whose Public Works Contractor License # is C -15828- B-4. INTRODUCTION Whereas, the City has a need for services involving SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015; 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, SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 1 of 15 Project 10565 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 underthis 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 C "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $62,500.00. 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. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 2 of 15 Project 10565 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 C 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: Upon receipt of a Notice to Proceed, the Contractor shall have until September 30, 2015 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 $100.00 (one 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. 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 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. 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. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 3 of 15 Project 10565 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 forwork 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: 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 SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 4 of 15 Project 10565 agrees that it will maintain, throughout the term of this Agreement liability insurance in which the CITY shall be named an additional insured in the 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 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 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. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 5 of 15 Project 10565 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 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. 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 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. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 6 of 15 Project 10565 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.ora/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 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 SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 7 of 15 Project 10565 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 orthe opportunityto 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 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 SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page S of 15 Project 10565 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 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. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 - page 9 of 15 Project 10565 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 Pipeline Inspection Services, Inc Purchasing Manager Attn: Scott Wendling 33 E Broadway Ave P O Box 3023 Meridian, ID 83642 Nampa, ID 83653 208-489-0417 Phone: 208-941-9424 Email: pipelineinspectionsCa)hotmail.com Idaho Public Works License #C -15828-B-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 PIPELINE INSPECTION SER .ICES, INC BY: - BY: TAMMY de D, MAYOR SCOTT WENDLING, Vice resident Dated:' �� %� Dated:_' ,f Approved by HOLMAN, C g ,r v( DIAN,„ "1,1'0 SEAL f pp Purchasing Approval y'`Ro,aE su" epar ent p o al BY: BY: KEIT A S, Pu ha g Manager W REN ST ART, Engineering Manager Dated:: // Dated:: Project Manager Emily Skoro SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 10 of 15 Project 10565 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID WW -15-10565 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # WW -15-10565, are by this reference made a part hereof. **Due to limited funding, this project will be awarded without Bid Item C (manhole structural repairs) and with the removal of 3 items from Bid Item B (CIPP. line point repairs — See attached Exhibit B for the specific items removed from project)** The FY 2015 Sewer Manhole Retrofits and Line Repair project includes structural repairs to manholes to eliminate infiltration, trenchless line point repairs, repair of protruding services, and structural repair and coating of manholes with excessive corrosion. The Contractor shall furnish all labor, materials, and equipment necessary for the entire completion of the project as outlined and shall construct the complete job in the best and most workmanlike manner. SPECIFICATIONS A. The Contractor will be required to pay for and obtain the necessary permits from Ada County Highway District (ACHD) to perform the required work within ACHD right-of-way. The Contractor will also be responsible for any traffic control necessary to complete the work in a safe manner within ACHD right-of-way. B. All work shall conform to the current Idaho Standards for Public Works Construction (ISPWC), Ada County Highway District (ACHD), City of Meridian Supplemental Specifications to the ISPWC, and the City of Meridian Construction Storm Water Management Program. C. The Contractor shall be required to submit to the Project Manager (Emily Skoro, CoM) a schedule of work during the preconstruction meeting and subsequent updated 2 week construction schedules throughout the entire project. All work will be limited to the manholes and line segments identified in the maps provided in the Invitation for Bid WW -15-10565. Anything beyond the work shown must first be approved by the Project Manager prior to beginning the additional work. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 11 of 15 Project 10565 D. The Contractor must notify the City's Collections System Manager (Tom Lee or Miguel Espjnola) with the job location when working in the City's Collections System. E. Contractor shall be willing to testify as an expert witness in the event of litigation. F. Contractor shall adhere to all safety regulations set forth by OSHA and any other safety means needed to safely perform the project. G. Contract shall notify Project Manager of any significant problems, abnormalities, additional repairs needed, etc. that may be encountered during or after the work was completed. H. The amount of work to be done under the contract and as noted in the Bid Schedule represents a maximum and is not to be taken as an expressed or implied statement that the actual amount of work will correspond. The right is reserved to increase, decrease, or to entirely eliminate certain items from the work. All structural repairs of pipe shall be cured in place pipe (CIPP) and all structural repairs of manholes shall use a polyurethane spray wall (250 mL thickness). Repairs to stop infiltration in pipe shall use chemical grout and all repairs to stop infiltration in manholes shall use chemical injection with Deneeff or an approved equal. The majority of the manhole repairs are damaged cones due to corrosion from hydrogen sulfide. Repairs include pressure washing and repairs of any infiltration/re-grouting of manhole base before coating manhole. Excavation is not required for these repairs. Prior to the commencement of construction, the Contractor will be required to do material submittals for approval for all proposed materials to be used in the repairs. All work to stop infiltration shall be conducted during the months of July through September. K. At the completion of each repair, the Contractor shall contact the City's Project Manager for inspection and approval of the visible repairs (manholes). For pipe line and protruding service repairs, a CCTV video documenting the completed repair must be submitted to the City's Project Manager. All CCTV work must be coded with Nassco PACP. L. The Contractor will submit completed work invoices to the City's Project Manager for processing. M. All submittals for approved equals and alternative materials must be approved by the City Engineer prior to bid opening. Current list of approved products to stop infiltration include; DENEEF: Dry Oakum (for use with grouts), AVANTI: AV - 202, AV -290 Fast- Set, AV- 330, AV -333, and AV -350. If an award is made for the add alternate, products will be reviewed at that time. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 12 of 15 Project 10565 N. It will be the Contractor's responsibility to make site visits to each manhole/line segment identified in the attached maps to determine the severity of the repair in order to accurately bid. O. Prior to the start of work, a preconstruction meeting will be held and shall be attended by the Contractor's Project Manager, its Superintendent, and its Subcontractors as the Contract deems appropriate. The purpose of the meeting is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The Contractor should be prepared to discuss tentative schedules, transmittals, processing applications for payments, maintaining record documentation, critical work sequencing, field decisions, and Change Orders. P. For manholes located in asphalt to restore to proper grade a maximum gap of 1/a" is allowed. If the gap is greater than Ya", a new collar will have to be installed. See City of Meridian Standard Drawings S8 and S9 included in the City of Meridian Supplemental Specifications to the ISPWC 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). SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 13 of 15 Project 10565 Exhibit B SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 14 of 15 Project 10565 Exhibit C MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $62,500.00. MILESTONE DATES/SCHEDULE _ Milestone 1 Final Completion September 30, 2015 PRICING SCHEDULE_ Contract includes furnishing all labor, materials, equipment,, and incidentals as required for the SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 per IFB WW -15-10565 and revised scope of work (Exhibit A and Exhibit B) CONTRACT TOTAL ....................... $62.500.00 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. Cgntract Pricing Schedule Item No. Description Qnty Unit Unit Price A. Repair manholes to stop infiltration, minor 18 Each $750.00 to moderate infiltration less than 3 m B. Trenchless CIPP line point repairs 14 Each $3,500.00 SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 15 of 15 Project 10565 N J D U) W w z z O a 0 'm sqn # Oil PUOS P16 POUBI w O a 2 eTRAKiT Page 1 of 1 Home I Setup on Account I Log In Conlractory Passw'ortl LOGIN ❑REMEMBER ME Forgot Password Permits Apply Public Works Search Search Again Download Resells Prbifable View Search Pay Fees SEMEN= MEMEM Licenses Pipeline Inspection Services Inc ribs Pip I PWC -C-15828 102310,02325,02955,0330003600,09960 4 i Search Trade Licenses -< - - -- - Search Public Wmmw Inspections Firs( IPrevi Page: i of 1 �Nexf; Last's Schedule - License Number: PWC -C-15828 - - — C Can ,Details Elevators 'Lic Info Fees $1,050.00 Search Elevators — Violations Registration#: PWC -C-15028 Search Shopping Cart Issue: 3/13/2015 Pay All Fees Expire: 3/31/2016 Contact Type: PUBLIC WORKS Contact as Sub -Type: B Status: ACTIVE Company: Pipeline Inspection Services Inc Side Pip Phone: (208)941-9424 Cell: (208) 941-9424 Pager. Fax: (208) 4654413 Owner Name: The Olei icor of Beight, Safety, makes every east to produce and publish the most cement and amens adearalion poss,ble. No w our ants" capreesed or implied, are provided for the data herein, its use, or its interpretation. Ufi cudent of this website indicates understanding and acceptance of this statement. 1-800-855-3044, 1990 E Waletower St. Suite 150 Mod rn to 83842 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_PublieWorksSearchRslts.aspx 7/8/2015 IDSOS Viewing Business Entity Page l of 2 wn�{p" IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for PIPELINE INSPECTION SERVICES INC ] [ Monitor PIPELINE INSPECTION SERVICES INC business filings ] PO BOX 3023 NAMPA,ID 83653 Type of Business: CORPORATION, GENERAL BUSINESS Status. GOODSTANDING State of Origin: IDAHO Date of 20 Jun 2003 Origination/Authorization: Initial Registered Agent: DARIN BARNES 4423 E. VICTORY ROAD NAMPA,ID 83686 Organizational ID / Filing C149711 Number: Number of Authorized Stock 1000000 Shares: Date of Last Annual Report: 26 Apr 2015 Annual Report Due: Jun 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 20 Jun 2003 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 04 Dec STOCK View Image (PDF format) View 2006 CHANGE Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C149711.html 7/8/2015 IDSOS Viewing Business Entity Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Page 2 of 2 View Imaqe (PDF format) View Image (TIFF format,) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(a)sos.idaho.gov http://www.accessidaho.org/publie/sos/corp/C14971 I.htm] 7/8/2015 Document A312TM —2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Pipeline Inspection Services, Inc. PO Box 3023 Nampa, ID 83653 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Avenue Ste. 108 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: July 8, 2015 67S201410 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company A 9450 Seward Road Fairfield, OH 45014 This document has Important legal consequences. Consultation with Mailing Address for Notices an attorney is encouraged with The Ohio Casualty Insurance Company respect to Its completion or Attention: Surety Claims Department modification. 1001 4th Avenue, Suite 1700 Any singular reference to Seattle, WA 98154 Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount: $ 92,950,00 Ninety-two Thousand Nine Hundred Fifty Dollars And Zero Cents Description: (Name and location) Sewer Manhole Retrofits and Line Repairs 2015 BOND Date: July 8, 2015 (Not earlier than Construction Contract Date) Amount: $ 92,950.00 Ninety-two Thousand Nine Hundred Fifty Dollars And Zero Cents Modifications to this Bond: Q None F-1 See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Sea!) Pipeline Inspection Services, Inc. Name 4)ir and Title: SURETY Company: (Corporate Seal) The Ohio Casualty Insurance Company i Signature: 1 �1 �, �}i.r'/ tta1`i' Name and Title: Mary Jaquler Attorney-lr rzc (Any additional signatures appear on the last page of tIris Performance Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENTorBROKER: Post Insurance Services, Inc. PO Box 8447 Boise, ID 83707 S•1852IAS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry:) NIA § 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. § 2Ifthe 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 Construction 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. § 6 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: § 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 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. S-1852IAS 8110 § 7 I 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. § 8Ifthe 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 acerae 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 he 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 damoges 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. S-1 852/AS 8110 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea!) Company: Signature: Name and Title: Address 8.15521AS 8110 Signature: Name and Title: Address (Corporate Sea!) Liberty Mut>txal. Document A312 TM -2010 Payment Bond Conforms with The American Institute of Architects AIA Document 312 CONTRACTOR: (Name, legal status and address) Pipeline Inspection Services, Inc. PO Box 3023 Nampa, ID 83653 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Avenue Ste. 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: July 8, 2015 675201410 SURETY: (Name, legal status and principal place ofbusiness) The Ohio Casualty Insurance Company A 9450 Seward Road Fairfield, OH 45014 Mailing Address for Notices The Ohio Casualty Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 Amount: S 92,950.00 Ninety-two Thousand Nine Hundred Fifty Dollars And Zero Cents Description: (Name and location) Sewer Manhole Retrofits and Line Repairs 2015 BOND Date: July 8, 2015 (Not earlier than Construction Contract Date) Amount: $ 92,950.00 Ninety-two Thousand Nine Hundred Fifty Dollars And Zero Cents Modifications to this Bond: ❑K None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Pipeline Inspection SrMvices, Inc. The Ohio Casualty Insurance Company and Title: U JCB Signature: f Name and Title: Mary Jaquler (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: Post Insurance Services, Inc. PO Box 8447 Boise, ID 83707 5-2149/AS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.•) N/A 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. bcA-&4: j § 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 furnished 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 furnished 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 duty 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 furnished 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). § 6.2 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 famish a written notice of non-payment under Section 5.1. t. § 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. 5.21491AS 8/10 § 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 my 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 Constmction 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 lost 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. § 16 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 famished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or lest 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 furnish 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. S•2149/AS 8110 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay die Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 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: (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: Signature: Name and Title: Name and Address Address S-2149/AS 8110 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON RED BACKGROUND. This Powerof Attomey limits the acts ofthose named herein, andthey have no authodty:to bind the Company except in the mannerand to the extent herein stated. - Certificate No. 961110a American Elre and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WeslAmerican Insurance Company . POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcanFire B Casualty Company and The Ohio Casually Insurance Company are. corporations duly organized under the laws of the State of New Hampshire, thalUberty Muluallnsurance Company is a corporation dulyorganized underthe laws of the State of Massachusefts,'and WestAmerican Insurance Company is a corporation duty organized under the laws of the Stale of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, consl'pute and appoint, -:Mary 4anuier"Terry S. Robb, Wiliam F. Post all of the city ofBoisestale of ID " each individually if there be more than one named, els true and lawful attomey-in-tact to make, execute, seal acknowledge and deliver, for: and oohs behalfas surety and as its act and deed, any and all uodedaking$, bonds, reicognizances and other surety obligations, in pursuance of these presents and shall be as bindingupon the Companies as if they have been duly signed by the president and arrested by the secretary of the Companies in their own` proper persons:' IN WITNESS WHEREOF, this PowerofAttomey.has been subscribed by an authorized officer or official ofthe_Companies and the:corporete seals of the Companies have been affixed .thereto this lath day of August 2014: American Fire and Casually Company The Ohio Casualty Insurance Company c f ! Liberty Mutual Insurance Company c ' West meriean"Insurance Company �. STATE OF PENNSYLVANIA as David M. Care,Assistent Secretary 'COUNTY OF.MONTGOMERY c wof On this 13th' :day of .August - 20144 before me,. personally appeared David M•. Carey,: who acknowledged himself to be this Assistant Secretary of American Fire and 0,= execute me foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a dulyauthorized officer c' IN WITNESS WHEREOF I have hereunto subk9bed myram <,and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above wriften. o wm' 3 /tel /(�co 'O t, "/' �H By:. ,U/f,LQet) ��', 0 1 Teresa Pastelia , Notary Public 20 0 .This PowerofAttomeyis made and executed piirsuanflom by authoriyofthe following By-laws andAahorizetions ofAmerican Fin: and Casualty Company, The Ohio Casualty Insurance - coo , -Company, Liberty Mutual Insurance Company, @rxl,V�§tAmejlcen Insurance Company which resolutions are now in full force and effect reading as follows: Or H,. ARTICLE IV -OFFICERS -Section V. Power ofAffomey.Any officer or other omCial of the Corporation authorized :for that purpose in writing by the Charman or the President, and subject Oc' ;? to such limitation as the Chairmen or the President may prescribe, shall appoint such aftomeys in -fact, as may be;necerearyto act in behalf of the Corporation to make, execute, met, .v. Oc E :acknowledge and detiveras surety any and all undertakings, recognizances and other suretyobigations. Such ehomeys-in:feci, su6jeato the limitations set forth inthairrespecive of attorney, shall have full to bind the Corporation, by their insimments to v�S ' y^ powers power signature and execution of any such and aitach thereto the seal of the Corporation, When so `executed, 0 such lnsbumenlsshafi be asbinding as ifstgned bythe President and aftested to bythe.Becretary.Anypowerotaulhodtygranted to any representable orattomeyin-fact under >'$ a a the prewslons o(this Blkle,mey ba revoked ata time by the Board, the Chairmen, lite Presidenlar by me officer officers granting such power orauthority t a A ARTICLE XIII—:Execution of Contacts — SECTION 5. Surety Bonds and Undertakings. Anyofficer of the Company authorized forthat purpose in vvdng by the chairman or the president, N E`�.... > ;and subject to such limitations as the chairman or the president may prescribe, shall appoint such altomeys-in-feel, as trey be necessary to act in behalf of the Compapyto make, execute, O p seal acknowledge and deMer as surety any and all undertakings, bands, recognizanoes and other surety obligations. Such aftommrnd act subject to the limitations set forth in their tip. Z � !respective powers of attomey,$6l have full powsito bind the Company by their signature and executionofany such Instruments and to attach thereto the seal ofthe_.Company. When so 0.•0' executed such Instruments shall be as binding as if signed by the president and attested by the secretary. turtificale of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Devi M. Carey, Assistant, •Secretary to appoint such affomeys-In• ~ --fact an may be. necessary toad an behalf of the Company to make, execute, seal, acknowledge: and deiver as surety any and all undertakings, bonds, recognizances and other surety -:obligations. ` Authorization -. By unanimous consent of the Company's Board, .of Directors, the Company consents that facsimileor mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon acediged copy of any power of attorney issued by the Company in connection with surety bends, shall be valid and binding upon tha Company with . the same force and effect as though manualyaffixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of Amedcan Fire end Casualty Company, The Ohio Casualty Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company do hereby cedify that the original powerof attorney of which the foregoing is s full, hue and correct copy of the Power of Attorney executed by said - ' Companies, Is in full force and effect and has not been revoked: — - IN,TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of mid Companies this 8- dayof JULY .2015.. By :Grego�� t Secretary `. lMa 12873 122013 137 of 150 A� R� CERTIFICATE OF LIABILITY INSURANCE 07/27 /2015 ) 7/z7/zols 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(iss) 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 CONTANAME: Alyshia Gamble Post Insurance Services, Inc. 2717 W. Bannock St. (HONEA/C, No Ex (208)336-5600 FAX No: (208)399-0651 EMAIL a amble@ OBtlna. COm ADDRESS: g P P.O. BOX 8447 Boise ID 83707 __-INSURER(S) AFFORDING COVERAGE NAIC# INSURER Rockhill Insurance C-- 20853 INSURED INSURERBAcuity, A Mutual Insurance CO. 14184 Pipeline Inspection Services, Inc. INSURERC:Idaho State Insurance Fund 36129 Mad River Development LLC INSURER D: PO BOX 3023 INSURER E: _ Nampa ID 83653 INSURER F: COVERAGES CEIR 11FICA l im NIIMRFR•2U1S-2016 REvtmnu nlnnsovo. 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. 'NSR LTR I TYPE OF INSURANCE ADDL SUBS POLICY NUMBER MMI -POLICY EFF MM/�OIYYrr LIMITS X COMMERCIAL GENERAL LIABILITY EA$ 2,000,000 A CLAIMS -MADE �X OCCUR MAGE TO KIENCE DAMAGE TO RENTED P $ 100,000 REMISES Ea occurrence MED EXP (Anyone person) $ 5,000 X CG 2010; RHIC 6048 X EWP003749-03 7/30/2015 7/30/2016 X RHIC 6058 PERSONAL &ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ PES C] LOC PRODUCTS - COMP/OP AGO $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acddenl $ 1,000,000 B X ANY AUTO BODILY INJURY (Per person)ALL S AUTOS �ED AUTOC�EDULEO K98411 7/30/2015 7/30/2016 BODILY INJURY (Per accident) $ NON-0WNED HIRED AUTOS AUTOS PROPERTYDAMAGE $ Per acc'dent X CA7214 $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1 000 000 B X EXCESS LIAR CLAIMS -MADE K98411 7/30/2015 7/30/2016 AGGREGATE $ 1 000 000 DED FFRLTEITIINI $ WORKERS COMPENSATION _ X OERH AND EMPLOYERS' LIABILITY YIN STATUTE E.L. EACH ACCIDENT $ 1, 000, 000 ANY PROPRIETOWPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA C (Mandatory In NH) 644597 4/1/2015 4/1/2016 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT S 1 000,000 DESCRIPTION OF OPERATIONS below A Transportation Pollution EWP003749-03 7/30/2015 7/30/2016 Aggregate Limit $ 1,000,000 A Professional Liability EWP003749-03 7/30/2015 7/30/2016 Aggregate Limit $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks schedule, may be attached if more space is required) RE: Sewer Manhole Retrofits and Line Repairs 2015 City of Meridian Purchasing Manager 33 E Broadway Ave 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 Gamble/AG 0_0' ©7988-2014ACORD CORPORATION. All darts reserved. AUUKU 25 (ZU14101) The ACORD name and logo are registered marks of ACORD INS02512014011 Pipeline Inspection Services, Inc. Policy #ENVP003749-03 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); Locations Of Covered Operations Any person or organization for whom you are per. In respect to any location where the named forming operations when you and such person or or- insured Is performing "your work". ganization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional in- sured on your policy. Infornatlon reQuired to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", ..property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds. the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: t. All work, Including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location or the covered operations has been completed: or 2. That portion of ..your work" out of which the Injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a prin- cipal as a part of the same project. CG 2010 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 D Pipeline Inspection Services, Inc. Policy #ENVP003749-03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY —If required by written contract or agreement. effected prior to the date your operations for that person or organization commenced and named below, such Insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self -Insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: I. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. RHIC 6048 (02/12) 'Includes copyrighted material of Insurance Services Office. Inc. Page 1 of 1 with its permission" Pipeline Inspection Services, Inc. Policy #ENVP003749-03 COMMERCIAL GENERAL LIABILITY CG 2037 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additionallnsured Persons) Location And Description Of Completed Opera. OrOr anlzallon s : tions tiny person or organ)%alton for whom you are per. orming operations when you and such person or -where required by written contract organization have agreed In writing In a contract or agreement, effected prior to the date your opera - tons for that person or organization commenced, that such person or organization be added as an addilionalinsured on your policy. Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organizatlon(s) shown In the Schedule, but only with respect to liability for "bodily injury.. or "property damagen caused, in whore or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and Included In the "products - completed operations h8%ard". CG 20 370704 @ ISO Properties, Inc., 2004 Page 1 oft 0 Pipeline Inspection Services, Inc. Policy #ENVP003749-03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request Is made prior to the date your operations for that person or organization commenced; and lo. A Certificate of Insurance evidencing that request has been Issued by your authorized Insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION- If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of "your work"' performed under a contract with that person or orgarization. All other terms and conditions remain unchanged. RHIC6MB (01/10) Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with Its permission Pipeline Inspection Services, Inc. Policy # K98411 ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN WRIT- TEN AGREEMENT WITH YOU • PRIMARY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM 1. Who Is an Insured under Section II - Liability Coverage is amended to include any person or or- ganization with whom you have agreed in writing in a contract or agreement that such person or or- ganization be added as an additional insured on your policy. Such persons or organizations are addi- tional insureds only with respect to liability arising CA -7214(10-98) out of operations performed for the additional in- sured by you. 2. The coverage provided by this endorsement will be primary and noncontributory with respect to any other coverage available to the additional insured. 3. The Limits of Insurance applicable to the addi- tional insured are those specified in the written con- tract or agreement or in the Declarations for this Coverage Form, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. ow sa ev m av ae 0 0 o m c c w rn O G o 0 o M M m Nvro U a fi H Pl N N G 04 T t N N a' m N N H � o u� t6 vro m N m m m a 6 N a r r r x a W N b v r m m bi W r' N o m r M m m S v a d m a a a10 W N ME H G o 0 0 0 0 0 N 3E O O O O v H o 0 0 0 a 211 w 0 G N Fi N 11 N N lP N 11 N � F a H N h N a C UU .Sro A H .Ni U Q 2 N o u�i n H a w o O q F