HomeMy WebLinkAboutPublic Works Construction Agreement with Excelsior Construction for Well 14 Building and Site UpgradesCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION
PROJECT # 10486.A1
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 12th day of
April, 2016, 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 Excelsior Construction Company,
hereinafter referred to as "CONTRACTOR", whose business address is 3313 W. Cherry
Lane, #531, Meridian, ID 83642 and whose Public Works Contractor License # is C-
16062 -B-3-4.
INTRODUCTION
Whereas, the City has a need for services involving WELL 14 BUILDING AND
SITE 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
1. 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 $74,970.00.
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.
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.
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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:
The well shall be back on-line and running properly by May 20, 2016. Contractor
shall be liable to the City for any delay beyond this time period in the amount of
$500.00 (five hundred dollars) per calendar day. Such payment shall be construed
to be liquidated damages by the Contractor in lieu of any claim or damage because
of such delay and not be construed as a penalty.
Substantial Completion shall be accomplished within 80 (eighty) calendar days from
Notice to Proceed. This project shall be considered Substantially Complete when
the Owner has full and unrestricted use and benefit of the facilities, both from an
operational and safety standpoint, and only minor incidental work, corrections or
repairs remain for the physical completion of the total contract. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $500.00
(five hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) calendar
days to complete the work as described herein. Contractor shall be liable to the City
for any delay beyond this time period in the amount of $500.00 (five hundred
dollars) per calendar day. Such payment shall be construed to be liquidated
damages by the Contractor in lieu of any claim or damage because of such delay
and not be construed as a penalty. See Milestones listed 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 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
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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.
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.
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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
agrees that it will maintain, throuahout 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
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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 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
WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 6 of 13
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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: id=13616.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for review.
A completed Contractor Request to File Project N.O.T. with the EPA form shall be
provided to the City with the documents. These documents shall be retained,
reviewed and approved by the City prior to final acceptance of the project.
16. ACRD:
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
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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
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
WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 8 of 13
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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
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.
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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.
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 Excelsior Construction Company
Purchasing Manager Attn: Chris Waldram
33 E Broadway Ave 3313 W. Cherry Lane #531
Meridian, ID 83642 Meridian, ID 83642
208-489-0417 Phone: 208-850-3882
Email, chrispexcelsiorcon t.com
Idaho Public Works License # C -16062-B-3-4
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.
End of text. Signatures to follow on next page.
WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 10 of 13
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CITY OF MERIDIAN
BY:
TAMMY de D, MAYOR
Dated: �' \ 0 u,
Approved by Council:,
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Purchasing Approval
BY:
KEITH WATT8, Purch g Manager
Dated:: �f —71 l
Project Manager
Max Jensen
COMPANY
BY: 1 / ,`` ---- _
CHRIS WALDRAM, President
Dated:
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BY:
WARREN STEWART, Engineering Manager
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WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 11 of 13
Project 10486.A1
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW -1624-10486.A1
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW -1624-10486.A7, 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 — WELL 14 BUILDING AND SITE UPGRADES -
CONSTRUCTION by Civil Survey Consultants dated
February 2016
(5 pages)
• Special Provisions for Well 14 Building and Site
Upgrades, Project 10486 by Civil Survey Consultants
dated 1-15-2016 (24 pages)
WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 12 of 13
Project 10486.A1
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$74,970.00
WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 13 of 13
Project 10486.A1
'MILESTONE DATES/SGH�DULE
Milestone 1
Well back on line and running properly
May 20, 2016
Milestone 2
Substantial Completion
80 Days from Notice to Proceed
Milestone 3
Final Completion
90 Days from Notice to Proceed
RRICENG SCHEDULE ::.
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 14
BUILDING AND SITE UPGRADES - CONSTRUCTION per
IFB PW -1624-10486.A1
NOT TO EXCEED CONTRACT TOTAL .......................
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.
The City will pay the contractor based on
actual quantities of each item of work in accordance with the contract documents.
`. Confiract Pacing Schedule,
Item No.
Description
Quantity Unit
Unit Price
201.4.1.C.1
Removal of Obstructions
1 LS
$1,668
202.4.1.A.1.
Excavation (Plan Unit Quantity)
210 CY
$24
401.4.1.A.1.
12" PVC, AWWA C900, DR18
40 LF
$100
Water Main
402.4.1.A.1.
12" Gate Valve
1 EA
$2,641
801.4.1.6.1.
6" Minus UnCrushed Aggregate Base
251 TON
$12.50
802.4.1.B.1.
3/4" Minus Crushed Aggregate Base
65 TON
$41
810.4.1.A.1.
2-1/2" Thick Hot Plant Mix Pavement
41 TON
$100
1001.4.2.A.1.
Staging Area
1 EA
$2,500
1001.4.2.B.1.
Stabalized Construction Entrance
1 EA
$2,695
1003.4.1.G.1.
Straw Wattle
105 LF
$12
1006.4.1.C.1.
Inlet Protection
1 EA
$750
2010.4.1.A.1.
Mobilization
1 LS
$3,800
SP -1
Lawn Sod Restoration
217 SF
$5
SP -2
Connect Existing Water Service to New
2 EA
$3,275
Water Main
SP -3
Abandon Existing Water Main
1 LS
$2,085
SP -4
Remove Existing Piping from Building
1 LS
$3,100
SP -5
18" Wide Concrete Strip
163 LF
$27
SP -6
Permeable Pavers
200 SF
$31.61
SP -7
Skylights
4 EA
$1000
SP -8
Siding Improvements
1 LS
$13,170
WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 13 of 13
Project 10486.A1
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Bond# 2207178
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Excelsior Construction Company
3313 W. Cherry Lane #531
Meridian, ID 83642
OWNER (Name and Address):
City of Meridian
33 East Broadway Ave. Ste. 106
Meridian, ID, 83642
SURETY (Name and Principal Place of Business):
North American Specialty Insurance Company
650 Elm Street
Manchester, NH 03101
CONSTRUCTION CONTRACT
Date: April 12, 2016
Amount: $ 74,970.00
Description (Name and Location): Well 14 Building and Site Upgrades -Construction
BOND
Date (Not earlier than Construction Contract Date): April 12, 2016
Amount: $ 4,040.00
Modifications to this Bond: X None
CONTRACTOR C7YCIPAL SURETY
Compan : (Corporate Seal) Company:
Excelsior
Signature:
Name and
ny
(Any additional signatures appear on page 6)
North American S
Signature:
Name and
See Page 3
(Corporate Seal)
alty Insurance �Corppany`
ff
,laquiei1j, A1torneV-In-Fact
(FOR INFORMATION ONLY- Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
Post Insurance
P.O. Box 8447
Boise, ID 83707
N/A
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984
THIRD PRINTING - MARCH 1987
I The Contractor and the 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 to participate in conferences as provided
in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner5 has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the
Construction Contract. 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; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the
Construction Contract itself, through its agents or
through independent contractors; or
4.3 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 the 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 Paragraph 6 in
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractor's default;
or
4.4 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, tender payment therefore to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses the
payment tendered 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.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
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. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Contract;
6.2 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 Paragraph 4; and
6.3 Liquidated damages, or if not liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non-
performance of the Contractor.
7 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 or successors.
8 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.
9 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 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.
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984
THIRD PRINTING • MARCH 1987
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 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. The intent is that
this Bond shall be construed as a statutory bond and not
as a common law bond.
12 DEFINITIONS
12.1 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
(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:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984
THIRD PRINTING • MARCH 1987
THE AMERICAN INSTITUTE OF ARCHITECTS
R F C
2016
FINANCE )Rr
Bond# 2207178,
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Excelsior Construction Company
3313 W. Cherry Lane #531
Meridian, ID 83642
OWNER (Name and Address):
City of Meridian
33 East Broadway Ave. Ste. 106
Meridian, ID. 83642
SURETY (Name and Principal Place of Business):
North American Specialty Insurance Company
650 Elm Street
Manchester, NH 03101
CONSTRUCTION CONTRACT
Date: April 12, 2016
Amount: $74,970.00
Description (Name and Location): Well 14 Building and Site Upgrades -Construction
BOND
Date (Not earlier than Construction Contract Date): April 12, 2016
Amount: $4,040.00
Modifications to this Bond: ❑ None X See Page 6
CONTRACTOR S P NCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Excelsior Co stru I ompany North American Specialty Insurance Company
Signature: Signature:
Name and Titl . c ' i� � ./� ° 7 1� ( Name and Title: Mary J�quier , ttorney- �i-Fact
(Any additional signatures appear on page 6) -�
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
Post Insurance N/A
P.O. Box 8447
Boise, ID 83702
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4
THIRD PRINTING - MARCH 1987
1 The Contractor and the 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.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for
the payment for labor, materials or equipment furnished
for use in the performance of the Construction Contract,
provided the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits
and tendered defense of such claims, demands, liens
or suits to the Contractor and the Surety, and provided
there is no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made
under this Bond and enclosing a copy of the
previous written notice furnished to the
Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by the Surety.
8 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 the Surety under this
Bond, subject to the Owner's priority to use the funds for the
completion of the work.
9 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
payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
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 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, 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.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address
shown on the signature page.
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 requirements shall be
deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING - MARCH 1987
A312-1984
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 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 Contract. 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
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision:
When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting
documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable
period of time, but not more than 120 days, notify the Claimant of the amounts that are undisputed and
the basis for challenging any amounts that are disputed, including but not limited to, lack of
substantiating documentation to support the claim as to entitlement or amount, and the Surety shall,
within a reasonable time, but not more than 120 days, payor make arrangements for payment of any
undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations
under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not
be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver
of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have
the immediate right, without further notice, to bring suit against Surety to enforce any remedy available
to it under this Bond.
(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:
AIA uoGUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984
THIRD PRINTING - MARCH 1987
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
TERRY S. ROBB, WILLIAM F. POST,
and MARY JAQUIER
JOINTLY OR SEVERALLY
Its ttue and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 91h of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company 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 or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
011111 \AUTY jN 4���i
rir
`\�n„aWlao 0t br
y.G�PPORAT.G
—.
+;` Q�...•RPO" '1'S
d= : �,O RgT�,G '%
6L
q2F•:� %
`v?' SEAL : n c
By
Steven P. Anderson, Senior Vice President orwashingtou International Insurance Company
1r SEAL 't
Ej t—
µt',Z 1973 «rrn
&Senior Vice President or North American Specialty Insurance Company
isoi
_ 0t rrn g
•o
2,
"���p%9uytouicoxtnctaO\�
By
Michael A. Ito, Senior Vice rest art o as ington international hisit—r—ini—e—C—ompany
& Senior Vice Prest den t of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 22nd day of September 12015
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook SS:
On this 22nd day of September , 20 15 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito ,
Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance
Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
OFFICIAL SEAL
M KENNY
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 12(0412017
M. Kenny, Notary Public
I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 12 day of April 20 16
Jeffrey Goldberg, Vice President & Assistant Secretary of
Washington International Insurance Company & North American Specialty Insurance Company
A� �® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYYY)
F3/31/2016
THIS CERTIFICATE IS ISSUED ASA 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(
PRODUCER ilim"93 1111r" rA'DDREss:
Alyshia Gamble
Post Insurance Services, Inc. (208)336-5600
FAX �- ����
A/C Noxt: (A/C No):
(208)399-0651
2717 W. Bannock St. s� (� �) a amble@ ostins.com
g PP.O. Box 8447F@��r®�INSURER(S AFFORDING COVERAGE NAIC #
Boise ID 83707 6L -
:Auto Owners Insurance 4� lgggg
INSURED _
INSURERB:Owners Insurance CompanyfO -L' 32700
Excelsior Construction Company INsuRERc:Idaho State Insurance Fund 36129
2700
3313 W Cherry Lane #531 INSURER D:
Meridian ID 83642
INSURER F
COVERAf`FR f"CDTI CIn ATC \111 nAY
-- ""_"'-' •" -'-`
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO
KtVIJIUNNUMBER:
THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES
WITH RESPECT
TO
WHICH THIS
DESCRIBED HEREIN IS SUBJECT TO
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID
ALL
THE TERMS,
CLAIMS.
INSR ADDL SUBR
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP
MM/DDNYYY MM/DDtYYYY
LIMITS
X COMMERCIAL GENERAL LIABILITY
A CLAIMS ��
EACH OCCURRENCE
DAMAGE TO RENTED
$
1,000,000
-MADE L X OCCUR
PREMISES (Ea occurrence)
$
50,000
X 55373 X 57356519-15 8/25/2015 8/25/2016
MED EXP (Any one person)
$
5,000
PERSONAL&ADV INJURY
$
1,000,000
GENT AGGREGATE LIMIT APPLIES PER:
POLICY � PEC LOC *Separation
GENERAL AGGREGATE
$
2,000,000
of Insureds
PRODUCTS - COMP/OPAGG
$
2,000,000
OTHER: Page 16, Section 7
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$
1,000,000
B
ANY AUTO
BODILY INJURY (Per person)
$
--—
AOSCHEDULED
TOSS AUTOS
47-356-514-00AUU
8/25/2015
8/25/2016
BODILY INJURY (Per accident)
$
X
HIRED AUTOSNON-OWNED
JX AUTOS
PROPERTY DAMAGE
$
Per accident
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
$
DED RETENTION $
WORKERS COMPENSATION
H
$
AND EMPLOYERS' LIABILITY Y / N
X STIPEATUTE �R
ANY PROPRIETOR/PARTNER/EXECUTIVE
O FFEXCLUDED?
NIA
E.L. EACH ACCIDENT
$
100,000
C
datory in NH)ICER/MEMBER
(Man
E.L. DISEASE - EA EMPLOYE
$
100 000
de
If yes,scribe under
597024
7/1/2015
7/1/2016
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$
500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
f1PmTi M,`A- 11^2 -
IVIV
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS.
33 E Broadway Ave., Ste 106
Meridian, ID 83642 AUTHORIZED REPRESENTATIVE
yshia Gamble/AG aa�Q� -
V 7Udd-ZU14 ACUKIU CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
Agency Code 39-0011-00
Policy Number 104639-57356514
COMMERCIAL GENERAL LIABILITY
55373 (1-07)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM.
A, Under SECTION II - WHO IS AN INSURED, the
following is added:
A person or organization is an Additional Insured,
only with respect to liability arising out of "your
work' for that Additional Insured by or for you:
1. If required in a written contract or agreement;
or
2. If required by an oral contract or agreement
only if a Certificate of Insurance was issued
prior to the loss indicating that the person or
organization was an Additional Insured,
B. Under SECTION III - LIMITS OF INSURANCE, the
following is added:
The limits of liability for the Additional Insured are
those specified in the written contract or agree-
ment between the insured and the owner, lessee
or contractor or those specified in the Certificate
of Insurance, if an oral contract or agreement, not
to exceed the limits provided in this policy. These
limits are inclusive of and not in addition to the
limits of insurance shown in the Declarations.
C. SECTION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS, is amended as follows:
1. The following provision is added to 4. Other
Insurance:
This insurance is primary for the Additional
Insured, but only with respect to liability aris-
ing out of "your work" for that Additional In-
sured by or for you. Other insurance avail-
able to the Additional Insured will apply as
excess insurance and not contribute as pri-
mary insurance to the insurance provided by
this endorsement.
2. The following provision is added:
Other Additional Insured Coverage Issued By
Us
If this policy provides coverage for the same
loss to any Additional Insured specifically
shown as an Additional Insured in another
endorsement to this policy, our maximum limit
of insurance under this endorsement and any
other endorsement shall not exceed the limit
of insurance in the written contract or agree-
ment between the insured and the owner, les-
see or contractor, or the limits provided in this
policy, whichever is less. Our maximum limit
of insurance arising out of an "occurrence",
shall not exceed the limit of insurance shown
in the Declarations, regardless of the number
of insureds or Additional Insureds.
All other policy terms and conditions apply.
Includes copyrighted material of Insurance Services Office, Inc,, with its permission.
Copyright Insurance Services Office, Inc., 1984, 2003. Page 1 of 1
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The Division of Building Safety, makes every effort to produce and publish the most current and accurate Information possible. No warranties, expressed or implied, are provided for the data herein, Its use, or
its Interpretation. Utilization of this website indicates understanding and acceptance ofthis statement.
1-800-955-3044, 1090 E Watertower Sl, Suite 150 Meridian ID 83642
HOME I CONTACT
https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearchRslts.aspx 3/24/2016
[Fir 4 PYe�' Page: 1 of 1
Details - License Number:
PWC -C-16062
Lic Info Fees $1,120.00
Li. infol—
s
Registration M
PWC -C-16062
Issue:
1/6/2016
Expire:
12/31/2016
Type:
PUBLIC WORKS
Sub -Type:
B
Status:
ACTIVE
Company:
Excelsior Construction Company
Phone:
(208) 850-3882
Cell:
(208) 850-3882
Pager:
Fax:
(208) 965-8525
Owner Name:
Next; ;Last;
The Division of Building Safety, makes every effort to produce and publish the most current and accurate Information possible. No warranties, expressed or implied, are provided for the data herein, Its use, or
its Interpretation. Utilization of this website indicates understanding and acceptance ofthis statement.
1-800-955-3044, 1090 E Watertower Sl, Suite 150 Meridian ID 83642
HOME I CONTACT
https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearchRslts.aspx 3/24/2016
IDSOS Viewing Business Entity
Page 1 of 1
IDAHO SECRETARY OF STATE
J Viewing Business Entity
ter.
Lawerence Denney, Secretary of State
[ New Search) [ Back to Summary ]
[ Get a certificate of existence for EXCELSIOR CONSTRUCTION COMPANY ]
[ Monitor EXCELSIOR CONSTRUCTION COMPANY business filings ]
EXCELSIOR CONSTRUCTION COMPANY
3313 W. CHERRY LANE #531
MERIDIAN, ID 83642
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDING 04 ]an 2012
State of Origin: IDAHO
Date of 30 Dec 2011
Origination/Authorization:
Initial Registered Agent: CHRIS WALDRAM
4806 GOLDEN SPUR DR.
NAMPA, ID 83687
Organizational ID / Filing C193249
Number:
Number of Authorized Stock 25
Shares:
Date of Last Annual Report: 01 Nov 2015
Annual Report Due: Dec 2016
Filed 30 Dec 2011 INCORPORATION
Report for year 2015 ANNUAL REPORT
Report for year 2014 ANNUAL REPORT
Report for year 2013 ANNUAL REPORT
Report for year 2012 ANNUAL REPORT
Idaho Secretary of State's Main Page
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State of Idaho Home Page
Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov
https://www.accessidaho.org/public/sos/corp/C193249.html 3/24/2016
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