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HomeMy WebLinkAboutContract Agreement with C&A Paving for Construction of Heroes ParkCONTRACT AGREEMENT Project: Heroes Park Contractor: C&A Paving Company Owner: CITY OF MERIDIAN, Ada County, Idaho, a Municipal Corporation WITNESSETH, That the parties hereto for the considerations hereinafter named, do mutually agree as follows: Statement of Work {Contractor Name} will furnish the labor, material and equipment for and perform the work desired herein for the consideration stipulated, and in compliance with State and City codes. Contract documents consist of the following: Contract Proposal Contract Agreement Acknowledgement Bid Bond Performance Bond Labor & Material Payment Bond Tax Affidavit Liability Insurance Workers' Compensation General Conditions Attached Drawings Special Specifications Amount of Contract SEG E,; ibicA .. (,,17- Exact amount due C&A Paving is the base bid plus any alternate added at the time of bid award or by subsequent.written change order. Time of Completion C&A Paving agrees to commence construction after receipt on an executed contract, and upon this commencement of work will complete the base bid items wit' tin 90 ealendem- aq N1aA4 3 ` 2. o o Contractor for Public Works to Pay or Secure Taxes - Agreement C&A Paving in consideration of securing the business of erection or construction of public work in this state, recognizing that the business in which he is engaged is of transitory character, and that in the pursuit thereof, his property used therein may be payable, agrees: 1) to pay promptlywhen due all taxes, (other than on real property), excises and license fees due the state, its subdivisions and municipal corporations therein, accrued or accruing the term of this contract, whether or not the same will be payable at the end of such term; 2) that if said taxes, excises and license fees are not payable at the end of said term, but liability for payment thereof exists, even though the same constitutes lien upon C&A Paving's property, to secure the same to the satisfaction of the respective officers charged with collection thereof; and 3) that, in the event of default in payment of securing of such taxes, excises and license fees, that City of Meridian may withhold from any payment due C&A Paving hereunder the estimated amount of such accrued and accruing taxes, excises, and license fees for the benefit of all taxing units to which said Contractor is liable. Report to State Tax Commission The completed WH -5 form will be submitted to the Idaho State Tax Commission, 700 W. State Street, Boise, ID 83702, and a copy to Boise City Aviation and Public Transportation Department, 3201 Airport Way, Boise, ID 83715 within 30 days of the notice of award or before the request for final payment, whichever occurs first. Final payment to {Contractor Name} cannot be made until the WH -5 form is cleared by the Idaho State Tax Commission. Acceptance and Final Payment Upon receipt of notice that the work is ready for final acceptance and inspection, the Owner's representative will make such inspection and when he finds the work acceptable and the contract fully performed he will have the Contractor issue a final payment request. IN WITNESS WHEREOF, the City and C&A Paving have executed this Agreement as of the date first above written. Contract Amount: $718,944.25 CITY OF MERIDIAN Approved By: de We pA6WLv 020KA klu1 . IL3L. C&A Paving C,lw�-1-05 \\0 %%I1111 Illll/lll/// %\\( ary Ada esident r TRAIL, ATTEST Citv Clerk % tb ° P• w�R , w �'IlUlr Ifill 00 APPROVED AS TO FORM AND CONTENT V1.1L- 10359 -AA -q CIro.zei- gH- 138ZO1 5 N 1 - Par & Recreation De artment Legal ACKNOWLEDGMENT State of Idaho) ss County of Ada) On this c day of � est- 2005, before me personally appeared Tammy de Weerd and William Berg, Jr, known fo me and known by me to be the Mayor and City Clerk of the City of Meridian who executed the above instrument, who, being by me first duly sworn, did depose and say that they respectively executed and attested the foregoing instrument on behalf of said municipal corporation for the use and purposes stated therein. (SEAL) State of Idaho) ss County of Ada) hK�r otary Public of Idaho siding at Meridian, Idaho ACKNOWLEDGMENT On this day of SSUIEMiti,2005, before me personally appeared Gary Adams, known to me and known by me to be the person who executed the above instrument, who, being by me first duly sworn, did depose and say that he is the President of C & A Paving Company and that he executed <ttii? .foregoing instrument on behalf of said firm for the use and. purposes stated therein.;" ;. m g Wjzr, Not Public of Ids Residing at Meridian, Idaho -jam' ,-- My Commission Expires j o� n-\.\ C)5 (SEAL) GENERAL CONDITIONS Definition 1. The City of Meridian, hereinafter referred to as the Owner, and its duly authorized representatives, and the Contractor are those mentioned as such in the Agreement. They are treated throughout the Contract Document as if each were of the singular number. 2. Wherever in this Contract the words Owner's representative are used, it will be understood as referring to the Owner. The Owner's representative will act on the Owner's behalf personally or through any assistants as authorized in writing by the Owner. 3. The term subcontractor as employed herein includes only those having a direct contract with the Contractor and it includes one who furnishes both material and labor, or labor only, but does not include one who merely furnishes material. Scope of Contract It is the intention of this contract to provide for construction in complete, thorough manner as called for by the General Conditions, and if attached, any special provisions, schedules, spec do or drawings to be made hereof and a part hereof and to the satisfaction and final aA he Owner. F. 0a&0&,uc. ��, ST/�rJctL� ��1Svrfi4r✓Ti i�.dTis� 6I3/05,. No sous r -%S POIL.r LAAcs Se CIV.S T o DA c%r- . Execution, Correlation and Intent of Documents (�' The Agreement will be signed in duplicate by officials of the City of Meridian and the Contractor, and is not a binding agreement or executable in any way until signed by both parties. If the total bid value exceeds $25,000, the Agreement is not binding until approved bythe Mayorand City Council. The Contractual Documents are complementary and what is called for by one will be as binding as if called for by all. In the case of conflict between plans and specifications, the specifications will govern. In any case of discrepancy, either in the figures, in the drawings or in the specifications, the matter will be promptly submitted via the Owner's representative to the Owner, who will promptly make a determination in writing. Any adjustment by the Contractor without this determination will be at his own risk and expense. e f. % B & c " A T_ ucwmat_ p, a -r- aF 7 -v -*i s Go N r&A<4- Design, Drawings and Instructions A. It is agreed that the Owner, through the Owner's Representative, will provide to the Contractor the plans and specifications which will address the requirements of the work to be performed under the Contract. It will be the Contractor's responsibility to carefully study and compare the plans and specifications versus field conditions and to immediately report to the Owner inconsistencies, errors or omissions discovered. All such drawings and instructions will be consistent with the contractual documents. In the cases of lump -sum contracts, plans and specifications which represent the work to be done will be furnished prior to the time of entering into the Contract. The Owner's representative, may during the life of the Contract, and in accordance with the paragraph entitled "Changes in Work" issue additional instructions, by means of drawings or otherwise, necessary to illustrate changes in the work, as unforeseen site conditions maywarrant. B. Unless otherwise provided in the Contractual Documents, the Owner's Representative will furnish the Contractor free of charge, 2 copies of drawings and specifications reasonably necessary for execution of the work. C. All designs, drawings, specifications and copies furnished by the Owner's Representative will not be reused on other work, and with the exception of the signed contract, sets are to be returned to them on request, at the completion of the work. All models are the property of the Owner. Verbal Agreements No verbal agreement or conversation with any officer, agent or employee of the Owner either before or after execution of this Contract will effect or modify any of the terms or obligations of this Contract. Materials, Appliances, Employees Unless otherwise stipulated, the Contractor will provide and pay for all materials, labor, water, dust control, tools, equipment, light, power, transportation and other facilities. The Contractor is responsible for the security of all materials, appliances and employees necessary for the execution and completion of the work. All materials will be of good quality. The Contractor will if required, furnish satisfactory evidence as to the kind and quality of materials. Superintendence The Contractor will assign to the project work during its progress, a competent project manager, representative of his authority, and any necessary assistance, all satisfactory to the Owner's representative. Changes in Work The Owner, without invalidating the Contract, may order additions to or deductions from the work; the contract sum adjusted accordingly. Any claim for extension of time caused thereby will be adjusted at the time of ordering such change. In giving instruction, the Owner will have authority to make minor changes in the work not involving extra costs, and not inconsistent with the purpose of the work. The City will further have authority to issue written change orders. No extra work or change will be made unless in pursuant of a written order, and no claim for an addition to the contract sum will be valid unless the additional work was properly authorized. Extension of Time All delays in the prosecution of the work are at the risk of the Contractor, but any delay caused by an act of the Owner will entitle the Contractor to a reasonable extension of time within which to complete the Contract. The extension will be determined by the Parks & Recreation Department Director or his duly assigned representative, whose decision will be final. The Contractorwill notify the Owner's representative within two days of any occurrence which in the Contractor's opinion entities them to an extension of time for completion. Such notice will be in writing. The Owner's representative will acknowledge in writing receipt of any such claim by the Contractor within 2 days of its receipt. Contractor Delays and Liquidated Damages Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the work the Contractor will pay to the Owner, or have withheld from monies due, the sum of $100, unless otherwise provided under "Special Provisions" if present. Execution of the Contract under these specifications will constitute agreement by the Owner and Contractor that $100 per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, and that such sum is liquidated damages and will not be construed as a penalty, and that such sum may be deducted from payments due the Contractor if such delay occurs. It is further agreed that in case the work called for under the Contract is not finished and completed in all parts and requirements within the number of calendar days specified, the Parks & Recreation Department representative will have the right to increase the number of calendar days or not, as he may deem best to serve the interest of the Owner, and if he decides to increase the said number of working days, he will further have the right to charge to the Contractor, and to deduct from the final payment for the work, all or any part, as he may deem proper, of the actual cost of design, engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that cost of final surveys and preparation of final estimate will not be included in such charges. The Contractor will be granted an extension of time and will not be assessed for liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time agreed for the completion of the project as a result of epidemics, quarantine restrictions, strikes, labor disputes, shortage of materials and freight embargoes, provided that the Contractor will notify the Parks & Recreation Department Representative in writing of the causes of delay within 5 days from the beginning of any such delay. The Parks & Recreation Department Project Manager will ascertain the facts and the extent of the delay, and his findings thereon will be final and conclusive. No extension of time will be granted for a delay caused by a shortage of materials unless the Contractor furnishes to the Parks & Recreation Department Project Manager documentary proof that he has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof in the form of supplementary progress schedules, that the inability to obtain such materials when originally planned, did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. Payments withheld Prior to Final Acceptance of Work The Owner may withhold, or in account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect themselves from loss of account of. • Defective work not remedied; • Claims filed or reasonable evidence indication public filing or claims by other parties against the Contractor; • Failure of the Contractor to make payments properly to all subcontractors or for material or labor; • Damage to another Contractor; • Waivers from subcontractors and material suppliers must be supplied to the Owner. When the above grounds are removed or the Contractor provides a surety bond satisfactory to the Owner which will protect the Owner in the amount withheld, payment will be made for amounts withheld because of them. Protection of Existing Utilities The Contractor will be furnished such drawings as the City has available and the Contractor will be obligated directly to the City and/or any utility company for any damage or interruption of service. It will be repaired or restored promptly by the involved utility and at the expense of the Contractor. Assignment The Contractor will not assign the Contract or sublet it as a whole or in part without the written consent of the Owner, nor will the Contractor assign any moneys due or to become due to them hereunder, without the previous written consent of the Owner. Assigning or subletting the Contract will not relieve the Contractor of his surety from any contract obligation. Public Works Contractor's License Requirement ID Code 6-2310 and 54-1902 The Contractor will, upon the space provided in the bid proposal provide the names and addresses, and the Idaho Public Works Contractor's license number of each subcontractor that the Contractor will utilize for the construction, alteration or repair of the public works here involved, as required by the provisions of Sections 67-2310 & 54-1902, Idaho Code. Failure to name subcontractor for plumbing, heating, air-conditioning and electrical as required by said Section 67-2310 will render any bid submitted by a general Contractor unresponsive and void. In addition a State Public Works License is required prior to the bid opening for all City Construction Contracts for amounts over $10,000.00, unless federally funded. Both Contractors and Subcontractors must have the appropriate Public Works License for the particular type of construction work involved as specified in State Code Section 54-1902. The prime contractor must perform at least 20% of the work under any City contract unless otherwise agreed to by the City. All provisions of the relevant State Code must be met in the project. On federally funded projects a State Public Works license is required by time of bid award and execution of any such contract. The Contractor agrees that he is as fully responsible to the City for the act and omissions of his subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by them. Nothing contained in the contractual documents will create any contractual relation between the subcontractor and the City. Bonds The Contractor will furnish bonds acceptable to the City, within 7 days after date of award, for a sum equal to 100% of the amount of the contract for a Performance, and Labor and Material Bonds. Such bonds are to be conditioned on the faithful performance of the work required by these specifications. These bonds will be from the same surety. Default, Termination and Forfeiture If the Owner is compelled to incur any expenses including reasonable attorney's fees in /instituting and prosecuting any action of proceeding by reason of any default of Contractor hereunder, the sum or sums so paid by Owner with all interest, costs and damages will be deemed to be additional costs hereunder and will be due from Contractor to Owner on the first day of the month following the incurring of such respective expenses. This provision will be deemed to be a separate contract between the Owner and the Contractor and will survive any default, termination or forfeiture of this Contract. Compliance with City Codes The Contractor agrees to comply with all specifications, the Meridian City Code and Ordinances, and statutes of the State of Idaho relating to such work and construction. In case of a dispute arising hereunder, the Meridian City Code will govern. In addition, each Contractor will certify complete compliance with all Idaho statutes with specific reference to the Public Works Contractors State License Law, Title 54, Chapter 19, Idaho Code, as amended, in connection with all work pertaining to all claims for payment under the terms of this contract. Notice of Amendment of Public Works Contractors License Act Title 54, Chapter 19, Idaho Code, as Amended The 37th Session of the Idaho Legislature passed and the Governor signed into law, effective March 27, 1963, House Bill 283 as amended, which amends Title 54, Chapter 19, Idaho Code, by adding a new section to the Public Works Contractors License Act, which reads as follows: 54-1904A - Within 30 days afterany public works Contractorwho is required to be licensed pursuant to this chapter has been awarded a contract for construction to be performed with the State of Idaho involving the expenditure of any public moneys, the contract awarding agency will file with the tax collector a signed statement showing the date on which such contract was made or awarded, the names and addresses of home offices of the contracting parties, including all subcontractors, the state of incorporation if the party is a corporation, the project number and a general description of the type and location of the work to be performed, the amount of the prime contract and all subcontracts, and all other relevant information which may be required on forms which may be prescribed by the tax collector. Every Contractor and subcontractor whose name appears on any such notice will be required to file income tax returns with the State Tax Collector and to pay all income taxes which may be due thereon pursuant to law of all years in which any public moneys were received by them in connection with any construction work which was performed within the State of Idaho. A failure to pay any income taxes which may be due thereon, in addition to all other penalties therefore as provided by law, will constitute a grounds for suspension or revocation of license as in this act provided. Payments and Billings The awarded Bidder will submit all invoices to: City of Meridian Parks & Recreation Department 11 W. Bower Street Meridian, Idaho 83642 Invoices through City Hall are processed weekly. The awarded Bidder can expect City Hall to issue and mail payment 30 - 45 days after receipt of invoice. Payments under City Contract Compensation for City projects is paid by City warrants against budgeted funds and issued in accordance with the contract documents. Inspection of Site Each bidder should visit the site of the proposed work and fully acquaint themselves with the existing conditions there relating to the construction and labor and should fully inform themselves as to the facilities involved, the difficulties and the restrictions attending the performance of the Contract. The City will be justified in rejecting any claim based on facts regarding which should have been on notice as a result thereof Termination by the Owner If the Contractor is adjudged as bankrupt, or if makes a general assignment for the benefit of this insolvency, or if he persistentlyor repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, labor, or persistently disregards laws, ordinances, or the instructions of the Owner's representative and the Owner, or otherwise be in substantial violation of any provision of the Contract, then the Owner may without prejudice to any right or remedy and after giving the Contractor and his Surety 7 days written notice, terminate the employment of the Contractor and take possession of the site and all materials, provided for the completion of the project, and may finish the work by whatever method he may deem expedient. In such cases the Contractorwill not be entitled to receive any further payment until work is finished. If the unpaid balance of the contract price will exceed the expense of finishing the work, including compensation for additional administrative services, such excess will be paid to the Contractor. If such expense will exceed such unpaid balance, the Contractor and/or his surety will pay the difference to the Owner. Waiver of Liens It is agreed that no lien will be at any time be filed against the premises upon which the work is performed, or any part thereof, by Contractor or any of his subcontractors or other person employed by or furnishing labor, services, equipment or materials to Contractor or any of his subcontractors for, in or about the performance of the work. This clause will be inserted in all of the Contractor's or any of his subcontractor's purchase orders and material agreements. Liability for Equipment, Property and Site The Contractor will at all times protect the Owner's equipment, property, surface areas such as soil, turf, and pavement, from any and all damage that may result from operation and/or negligence. Indemnification and Insurance The Contractor will provide (from insurance companies acceptable to the City) the insurance coverage designated hereinafter and pay all costs. The Idaho Tort Claims Act sets a limit of $500,000 as a minimum requirement for liability coverage. The Contractor will also provide (from insurance companies acceptable to the City) Builder's Risk coverage in an amount equal to the value of the project. The Contractor will pay all costs. Any insurance policy, or certificate of insurance, will name the City as a named insured where appropriate, and such insurance policy or certificate of insurance will be kept and maintained in full force and effect at all times during the term or life of this contract. The insurance policy or certificate of insurance must be filed with Purchasing prior to commencing work under this contract and no insurer will cancel the policy or policies or certificate of insurance without first giving 30 days written notice thereof to Contractor and City, but the Contractor may, at any time, substitute a policy or policies or certificate of insurance of a qualified insurance company or companies of equal coverage for the policy or policies or certificate then on file with the Department. The Contractor will indemnify and save and hold harmless the City of Meridian from and for any losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by the Contractor, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. In addition, the Contractor will maintain, and specifically agrees that it will maintain, throughout the term of the Agreement, liability insurance in which the City of Meridian will be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance will not be deemed a limitation of the covenants to indemnify and save and hold harmless the City of Meridian and if the City of Meridian becomes liable for an amount in excess of the insurance limits, herein provided, the Contractor covenants and agrees to indemnify and save and hold harmless the City of Meridian from and for all such losses, claims, actions, or judgments for damages or liability to person or property. The Contractor will provide the City of Meridian with a Certificate of Insurance or other proof of insurance evidencing the Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City of Meridian, Idaho. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the Contractor will immediately submit proof of compliance with the changed limits. Workers' Compensation Insurance The Contractor will have and maintain during the life of this contract, the statutory Workers' Compensation, regardless of any number of employees or lack thereof, for all those including themselves to be engaged in work on the project under this contract, and, in case any such work is sublet, the Contractor will require the subcontractor to provide Workers' Compensation Insurance for themselves and any/all the latter's employees to be engaged in such work. Proof of insurance must be provided to Owner prior to the start of work. Any "Stop Work Order" Any "Stop Work Order" given to Contractor will cause all physical work to stop and a complete cessation of all expenditures, ordering of materials, etc., on the part of the Contractor and/or his assigns. Guarantee The Contractorwill guarantee all materials and workmanship from defect for a period of no less than 1 year from the date of acceptance by the Owner. Any defective work will be replaced or corrected to the Owner's satisfaction at no additional cost to the Owner. All of this correction or replacement work will be guaranteed for a minimum of 1 year from the date of reinstallation. Price Guarantee The price will be guaranteed for a minimum of 90 days. Taxes The original and completed WH -5 form will be sent directly to the Idaho State Tax Commission, 700 W. State Street, Boise, ID 83702, and a copy to City of Meridian Parks & Recreation Department within 30 days of contract award. The Contractor's Affidavit Concerning Taxes will be completed and delivered to the City of Meridian Clerks Office when contracts are signed. Public Agency Bid prices will be made available to other "Public Agencies", including agencies of the State of Idaho, as defined in Section 67-2327 of the Idaho Code. "Public Agency' is defined as any city or political subdivision of the State of Idaho, including, but not limited to counties, school districts, highway districts, port authorities, instruments of counties, cities, or any political subdivision created under the laws of the State of Idaho. It will be the responsibility of the Public Agency to independently contract with the vendor and/or comply with any other applicable provisions of Idaho Code governing public contracts. ATTACHMENTS �Xtac�BtTY �. AA IA� keri31"11;� M 4015 S. Banner Street • Boise, Idaho 83709-5511 (208) 362-4244 Fax (208) 362-4190 "E --V, ,f hi v Proposal & Contract To: Stanley Consultants, Inc. Estimate: 7810 1940 South Bonito Way Project: Heroes Park Date: July 21, 2005 Suite 14D Meridian, ID Name: Doug Brooks Meridian, ID Phone: 288.0573 Item Fax: 288.0574 Number Work Description Estimate Unit Unit Price Quantity Description Price Totals 1 Mobilization includes: payment 8 performance bond 1 Lump Sum $14,444.00 $14,444.00 2 Vertical Curb & Gutter 6134 LF 514.00 $85,876.00 includes aggregate import, 8 preparation 3 Concrete Sidewalk 4716 SF $3.00 $14,148.00includes aggregate import , Bpreparation 4 8" PVC Sewer ServiCe-includes test & inspection 350 5 8" PVC Water Service -includes test & inspection LF 1370 $38.00 $13,300.00 6 Strom Water Swales-ponds #1 & #2 LF 536.50 $50,005.00 includes: top soil & hydro seeding / Ten Mile borrow ditch 1 Lump Sum $54,335.00 $54,335.00 scope 7 Irrigation Pond includes: pump station, wet well & aerator 1 Lump Sum $102,033.00 $102,033.00 pump to be rated @ 500 gallons per minute per specifications 6 Traffic Control includes: AC,10 permit, stabilized construction entrance 1 Lump Sum $4,005.00 $4,005.00 traffic control on Ten Mile for borrow ditch dust control, mobile rotary vacuum sweeping, d.i. protection 9 Asphalt Roadway 14587 SF $2.05 $29,903.35 section includes: 12' pit run, I"3/4" road mix, 2.5"A/C pavement 10 Asphalt Pathways 14201 SF $2.00 $28,402.00 section includes: 8' pit run, 4" 3/4" road mix, 2.5"A/C pavement 11 Parking Lot includes: excavate to design grade elevations, 124552 SF $1,25 $155,690.00 section includes: 12" pit run, 4" 3/4" road mix, graded for paving 12 10' Concrete Jersey Barriers 12 Each $175.00 $2,100.00 delivered & installed 13 Irrigation Pond includes: final 23530 SF $0.45 $10,588.50 shape /line grading 8 compaction 14 Irrigation Pond includes: 4" to 6"sand bedding, 40 mill pond liner, mfrafr fabric 1 - Lump Sum $47,655.00 $47,655.00 native fR dirt material cap, 5' wide cobble border Parking Lot Paving 15 2.5" Asphalt Paving 124552 SF $0.70 587,186.40 Storm Drain 16 12" SDR -35 120 LF $15.75 $1,690.00 17 1,000 Gallon Sand & Grease Traps 5 Each 1a PCC Channel $2,785.00 $13,925.00 19 12" End Section w/Rip Rap 12 LF $57.75 $693.00 20 Type III Concrete Drop Inlets 2 Each 5997.50 51,995.00 2 Each $385.00 $770.00 Special Notes: 1) This estimate is based on plans provided by Stanley Consultants dated 613!05. Quantities are based from the original bid schedule. 2) Permits, engineering, staking, material testing (if required) is not included. AUG 0 1 2005 City Of Meridian. City Clerk Office Total: $718,944.25 All material and work is guaranteed to be as specified. Plans and specifications are a part of this proposal. All agreements and warranties expressed or implied are only as attached in written form. Any alterations or deviations from project specifications involving extra costs, or any additional quantities, will become an additional charge over and above attached specifications. This contract covers only the work noted above. It does not include unforeseen problems or other work items. C & A Paving Co. is not responsible for damage, costs, or impact caused by or to any hidden or unknown items. Alterations, changes, additional work, unforeseen impacts, or deviations from this contract specifications will become an additional charge, due and payable. Any required sub -grade repa m, which are discovered will be charged at time and materials. C & A Paving Co. is not responsible for existing base or design problems. C & A Paving Co. cannot be responsible for drainage or water ponding on slopes of less than 1.0% or where grade is dictated by surrounding area. Patching can plug water drainage and c:an thus create ponding. This is a unit price contract. The contract amount is based on estimated quantities. Actual payment will be on final quantities completed. All agreements and/or warrarties, either expressed or implied, are only in written form, This is a fully integrated contract. \e\``�t t t 1 i I I 1 I I I I i, r 1, / // This agreement is binding upon heirs, assignors, and successors in interest. \ As a proposal, the prices quoted are good for ten (10) days from the date noted at the top of the proposal oF /moi 'Full payment is due and payable on completion of work. Progress payments will be made if completed in stages. Interest will be charged at 1.5% per month / � or 18% A.P.R. for delayed payments. All expenses C & A Paving Co. incurs in the collection of money due will be reimbursed to C & A Paving Co. incurs t.IGYDfl/a [� i reimbursed to C & A Paving Co. including attorney and consultant fees. Retention not to exceed that withheld by owner. Full payment upon completion of above work. /1 p (/� b7G ��/ate _ Price is based on nothing preventing C & A Paving Co. from full production. No standbyis included in rice. C & A Paving Co. CUs r e IS - Name Chris Sheppard X` Sign re DNto fill / CONTRACTOR'S AFFIDAVIT CONCERNING TAXES STATE 0FZS�liftkU ) COUNTY OFb-A Pursuant to the Idaho Code, Title 63, Chapter 15, I, the above signed, being duly sworn, depose and certify that all taxes, excises and license fees due to taxing units in the State of Idaho, for which I or my property is liable then due or delinquent, have been paid, or secured to the satisfaction of the respective taxing units. 1NG 6mpAt� {Contractor Name} 4015 S. b N�A t a" (Address) �o 'z.s3- % )�-) ocI (City and State) (Signature Subscribed and sworn to before me the 1 (.9 day ofSePTI-Misib , 20D-�—. — -VW\'t V- at�,� - (Nota Republic) hl�' Civ tl-\y _ IZ NAD (Address) (City and State) Commission Expires: 10 �a-�45 NOTE: This form or a reasonable facsimile is to be completed and delivered to the City of Meridian Clerks Office when contracts are signed. AIA Document A312 Performance Bond Bond No.: B8876405 Any singular reference to Contractor, Surety Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): C & A Paving Company, Inc. 4015 South Banner Street Boise, Idaho 83709 OWNER (Name and Address): City of Meridian Parks and Recreation Department 11 West Bower Street Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: Amount: Seven Hundred Eighteen ($718,944.00) Description (Name and Location): SURETY (Name and Principal Place of Business): Cincinnati Insurance Company P.O. Box 145496 Cincinnati, Ohio 45250-5496 Thousand Nine Hundred Forty -Four no/100 Dollars Heroes Park Date (Not earlier than Construction Contract Date): September 15, 2005 Amount: Seven Hundred Eighteen Thousand Nine Hundred Forty -Four no/100 Dollars ($718,944.00) Modifications to this Bond: None CONTRACTOR AS PRINCIPAL SURETY: C & A Paving Company, Inc. Cincinnati Insurance Company (Corporate Seal) (Corporate Seal) e Signatu:h "" Signature: Name anc! tie. Name and Title: Tina Coleman (Any additional signatures appear on page 2.) Attorney -In -Fact 1=OR INFORMATION ONLY -- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): MorCtOn and Company 12639 W. Explorer Drive, Suite 200 Boise, Idaho 83713 (208-321-9300) c�a��lnsuranc eo �j CORPORATE 3 r SEAL eLt'flc�-a ®� OHIO 1 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, SURETY 5026 (6-92) 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 Owner 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 and 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 therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. SURETY 5026 (6-92) 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 no 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. 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 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 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 by the Owner in settlement of insurance or other claims for damages to MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: «Bond Mod ifications» 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 Company: (Corporate Seal) Signature: Name and Title: SURETY 5026 (6-92) SURETY Company: Signature: Name and Title: (Corporate Seal) THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Harvey Knoll; Allan Ranstrom; Tina Coleman and/or Kim Ward Of Boise, Idaho its true and lawful Attome s -m-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Twenty—Five Million and No/100 Dollars ($25,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President this 28th day of April, 1999. o'�Inap�e'c v fARPORATE 3 THECVINFINNATI INSURANCE COMPANY SEAL OHIO G STATE OF OHIOss: Senior Vice President COUNTY OF BUTLER ) On this 28th day of April, 1999, before me came the above-named Senior Vice President of THE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument CINCINNATI INSURANCE is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. t1",;;A L qT g4 r x t84� ' TZ MARK J. LLER, Attorney at Law s NOTARY PUBLIC -STATE OF OHIO MY commission has no 4 ��wea4����,. date. Section 147.03 O.R.C.iration I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. tl 110 We,r my hand and seal temterCOM8%at Fairfield, Ohio. h day of P , Assistant Secretary AIA Document A312 Payment Bond Bond No.: B8876405 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): C & A Paving Company, Inc. 4015 South Banner Street Boise, Idaho 83709 OWNER (Name and Address): City of Meridian Parks and Recreation Department 11 West Bower Street Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: SURETY (Name and Principal Place of Business): Cincinnati Insurance Company P.O. Box 145496 Cincinnati, Ohio 45250-5496 Amount: Seven Hundred Eighteen Thousand Nine Hundred Forty -Four no/100 Dollars ($718,944.00) Description (Name and Location): Heroes Park BOND Date (Not earlier than Construction Contract Date): September 15, 2005 Amount: Seven Hundred Eighteen Thousand Nine Hundred Forty -Four no/100 Dollars ($718,944.00) Modifications to this Bond: None C45RA CO CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) C & A Paving omp y, Inc. Cincinnati Insur ce Comp �X�,, Signaturq � Signature:='rii.c�t Name an Title: Name and Title: Tina Coleman additional signatures appear on page 4.) Attorney -In -Fact FOR INFORMATION ONLY -- Name, Address and Telephone) ArSENT cr BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Msareton, and Company 126339 W. Explorer Drive, Suite 200 Boise, Idaho 83713 208-345-5310 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. SURETY 5026 (6-92) 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 Printed in U.S.A 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 rnade 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 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. SURETY 5026 (6-92) 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 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. 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 Printed in U.S.A 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 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None 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. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: SURETY 5026 (6-92) Printed in U.S.A TECHNICAL SPECIFICATIONS