HomeMy WebLinkAboutEwing Company - Wastewater Filter Building "A" CraneMeridian City Council Meeting Agenda January 9, 2018 – Page 86 of 475
Meridian City Council Meeting Agenda January 9, 2018 – Page 87 of 475
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
WRRF TERTIARY F]LTER BUILDING A CRANE
PBOJECT # 10595.B
INTRODUCTION
Whereas, the City has a need for services involving Crane lnstallation; and
WHEREAS, the Contractor is specially trained, experienced and competent
to pertorm and has agreed to provide such services;
NOW, THEREFORE, in consideration ol the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
'1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt ol 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 ol 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
Jiles, 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 lor any purposes whatsoever and to authorize others to do so. lf 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 royaltyJree,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereol, 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 Iederal'
state and city laws, ordinances, regulations and resolutions. The contractor
represents and wariants that it will perform its work in accordance with generally
WRRF TEBTIARY FILTER BLDG A CRANE page 1 of 13
Project 10595.8
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 9th day of
January, 20.18, and entered into by and between the City ol [\/eridian, a municipal
corporation organized under the laws of the State ol ldaho, hereinalter referred to as
'CITY', 33 East Broadway Avenue, Meridian, ldaho 83642, and The Ewino Company. lnc.,
hereinafter referred to as "CONTRACTOR", whose business address is 1500 Eldorado,
Ste. 4. Boise. lD 83704 and whose Public Works Contractor License # is PWC-C-12003.
1. Scope of Work:
Meridian City Council Meeting Agenda January 9, 2018 – Page 88 of 475
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in elfect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor underthis Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule oI
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 ol $O4831.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of lees earned and costs incurred lor
services provided during the billing period, which the City will pay wilhin 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 ol this Agreement
to consideration in the form of overtime, health insurance benelits, retirement
benefits, paid holidays or other paid leaves ol absence ol 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 def ault in the perlormance of this Agreement or materially
breach any ol its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
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Project 10595.8
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Meridian City Council Meeting Agenda January 9, 2018 – Page 89 of 475
3.3 Should City fail to pay Contractor all or any part ol the compensation set lorth
in Exhibit B ol this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement i{ the lailure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 90 (ninety) calendar days
from Notice to Proceed. This pro.ject shall be considered Substantially Complete
when the Owner has lull and unrestricted use and benefit of the facilities, both from
an operational and safety standpoint, and only minor incidentalwork, corrections or
repairs remain lorthe physical completion of the total contract. Contractorshall be
liable to the City lor any delay beyond this time period in the amount of $250.00
(two hundred lifty 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 120 (one hundred
twenty) 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 $250.00
(two hundred fifty 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
^/ilestones
listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.1 lf , through any cause, CONTRACTOR, its oJficers, employees, or agents lails
to lulf ill 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 al 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.
ln the event ol any termination of this Agreement, all finished or unlinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
WRRF TERTIARY FILTER BLDG A CRANE page 3 of '13
Project 10595.B
Meridian City Council Meeting Agenda January 9, 2018 – Page 90 of 475
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 thrs agreement and shall not relieve CONTRACTOR oI
its liability to the CITY for damages.
6. lndependent Contractor:
6.1 ln 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 ol 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 ol 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 ol
Contractor in f ulf illment o1 this Agreement. lf 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 ol ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only lurnish employees who are competent and skilled for work
under this contract. lf, in the opinion of the City, an employee ol 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 lrom all
work under this contract.
9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, olficers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or iniury to persons or property
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Project 10595.8
Meridian City Council Meeting Agenda January 9, 2018 – Page 91 of 475
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, olficers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees CONTRA CTOR shall maintain. and soecificallv
aqrees that it will maintain , throuqhout the term ol thrs Affeement, liabilitv
tnsu rance in which the CITY shall be named an addit ional insured rn the minimum
amounts as follow: General Liabil ity One Ii/illion Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars (91 ,000,000) per
incident or occurrence and Workers' Compensation lnsurance, 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 lrom , or in connection with the
performance of this Agreement by the Contractor or Contractor's olficers, 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
lnsurance, 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 perlormance of it's
obligations under this Agreement. ln 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 lt/eridian City Accounting, 33 East Broadway Avenue,
Ivleridian, ldaho 83642.
9.2 lnsurance is to be placed with an ldaho admitted insurerwith 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 lnsurance
coverage shall be primary insurance regarding the City's elected officers, oflicials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected oificers, oflicials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
WRRF TERTIARY FILTER BLDG A CRANE
Project 10595.8
page 5 ol l3
Meridian City Council Meeting Agenda January 9, 2018 – Page 92 of 475
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 lor subcontractors shall be subject to all ol the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability o{ the
Contractor and Contractor's agents, representatives, employees orsubcontractors.
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 detault under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City ol 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% ol the contract price issued by surety licensed to do business in
the State of ldaho with a Best's rating ol no less than A-. ln the event that the
contract is subsequently terminated lor lailure to perlorm, the contractor and/or
surety will be liable and assessed for any and all costs for the re-procurement o{ the
contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years f rom 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 ol Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
WRRF TERTIARY FILTER BLDG A CRANE
Project 10595.8
page6of13
Meridian City Council Meeting Agenda January 9, 2018 – Page 93 of 475
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. ltems
purchased by the City and used by a contraclor 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 StormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City ol
Meridian Conslruction Stormwater lvlanagement Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: htto://www.meridiancitv.oro/envi ronmental.aspx?id= 1 361 8.
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 lorm
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance ol the project.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City lor fees, lines, 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 ol this Agreement.
17. Reports and lnformation:
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 inlormation as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
page7of13WFIRF TERTIAHY FILTER BLDG A CRANE
Project 10595.8
Meridian City Council Meeting Agenda January 9, 2018 – Page 94 of 475
18. Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY {or 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 lrom 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:
ln performing the work herein, Contractor agrees to comply with the provisions o1
Title Vl and Vll 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. ln perlorming the Work required herein,
CONTRACTOR shall not unlaMully 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 ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninetyJive percent (95%) bona fide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice f rom its attorney's or the opportunity to seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court ol competent lurisdiction. This provision shall be deemed to be a separate
WRRF TERTIARY FILTER BLDG A CRANE page I of 13
Projecl 10595.8
Meridian City Council Meeting Agenda January 9, 2018 – Page 95 of 475
contract between the parties and shall survive any default, termination or forfeiture
ol this Agreement.
24. ConslructionandSeverability:
lf any part of this Agreemenl is held to be invalid or unenlorceable, such holding will
not alfect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable ol completion.
25. Waiver of Default:
Waiver ol delault 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 modilication 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 proiect
management software. The Pro.lect 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 Managerwill
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 Commissron.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting f inal inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made il cleanup has not been performed.
WHRF TERTIARY FILTER BLDG A CRANE
Project 10595.8
page 9 of '13
Meridian City Council Meeting Agenda January 9, 2018 – Page 96 of 475
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 The Ewing Company, Inc.
Purchasing Manager Attn: John Ewing
33 E Broadway Ave 1500 Eldorado, Ste. 4
Meridian, ID 83642 Boise, ID 83704
208-489-0417 Phone: 208-377-1500
Email: bids@ewingcompany.com
Idaho Public Works License # PWC -C-12003
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN
THE EWING COMPANY, INC.
BY: V"IVI Al l401uu
JOHNA/ EWIN , President
Dated: j q1 2o` K Dated: 2 � /Y V V
WRRF TERTIARY FILTER BLDG A CRANE page 10 of 13
Project 10595.13
Approved by Council
Attest:
C.JAY OLE IT ERK
q/�)O19
Purchasing AAI>ProVal
BY:
KEITHPurch ing Manager
,
Dated:: ' Z16
Project Manager
Jared Hale
TED
Ci1V u(
w
E IDIgN�..
\& SEAL
Depadt ent Ap r v
BY:
WARREN STEWA T, City Engineer
Dated:: / Z3 Z ► r,�
WRRF TERTIARY FILTER BLDG A CRANE page 11 of 13
Project 10595.13
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-l816-10595.8 ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid
Package # PW-1816-10595.8, are by this reference made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Plans - WRRF Tertiary Filter Crane Design by tt/ountain
Waterworks dated November 2017 1s pasesl
Special Provisions and/or Technical Specifications by
lr/ountain Waterworks dated May 2016 1zo pagesl
WRRF TERTIARY FILTER BLDG A CRANE
Protect 10595.8
page 12 of 13
Meridian City Council Meeting Agenda January 9, 2018 – Page 99 of 475
A
Exhibit B
MILESTONE / PAYMENTSCHEDULE
Total and complete compensation for this Agreement shall not exceed
$64,381 .00.
Milestone 1 Substantial Completion 90 Days lrom Notice to Proceed
Milestone 2 Final Completion 1 20 Days f rom Notice to Proceed
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WRRF Tertiary Filter Building A Crane per IFB PW-1816-10595.8
NOT TO EXCEED CONTRACT TOTAL $6!138L00
Conlract is a not to exceed amounl. Line item pricing below will be used lor invoice verilication and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities of each ilem ol work in accordance with the contract documents.
Item No.Description Quantity Unil Unil Price
7 Provide & lnstall Building Crane 1 L5 s64,381.00
WRRF TERTIARY FILTER BLDG A CRANE
Project 10595.8
page 13 of 13
MILESTONE DATES/SCHEDULE
PRICING SCHEDULE
Contract Pricing Schedule
Meridian City Council Meeting Agenda January 9, 2018 – Page 100 of 475
E IDIAN BID RESULTS
DUE DATE & TIME: December 1 2O'17 2:3OBID NAME: WRRF TE RTIARY FILTER BUILDING A CRANE
BID NUMBER: PW-1816'10 595.8
VENDOR
!
.9
oop -o BIO AMOUNT
t ",\-f [r)^I!.Opened by:
Attest:
/'-\ -'-')Grn.- Yl*yC
11,scb--[r..1aaOt -
/.4, 43 I/1)TE eutnt-IIIIIII
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
IIIIIIIIIIIIIIII
IIIIIIIII
IDAHO
Meridian City Council Meeting Agenda January 9, 2018 – Page 101 of 475
City Of l4eridian
Detaifed statement of Revenues and Expenditures - Rev and Exp Repolt - Keith
50 - EntrrPliae l.und
3590 - tlw Conatruction Plojectg
From 10 / 1/2 017 Through 9/30/2018
94400
10349
10595
0 ,00
99,999 .96
0 .00
(2,958 .',7 5)
0. 00
8,900.00
0. 00
2t958.',75
99 | 999.96
18, 900 . 00 )
13.133 .52
Capital OutLay
Capital - Equipnent
WWTP Generator Loaclbanks
Tertiary Eilter Buifding
Crane
Tertiary Eilter Buildj.ng A
Crane
Carryforwar:d
Total Capital Out.Lay
Budget with Current Year
Actual
Budget
Remaining
Percent of
Budget
Remaining
0.00*
100.009
0.009
100.009
10595.d
Carr. . .
5 941.25 lal 192-23 94.t8*
TOTAL EXPENDITURES 113 ?33.48 5,941-25 94.l8 jt
Date: 1/3/13 0 5:21:04 PM
113,133.48
10'7 ,192.23
Meridian City Council Meeting Agenda January 9, 2018 – Page 102 of 475
ETRAKiT
lnspections
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ACTI!'E Tne Ewing Co., lnc.
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1-10G955-304f, 1090 E Ud.nm. Sl, SuiL l5O M.ndi.n lD 33612
IiOME I CONIACT
@
PWC-C-12003 00@1, 00@2, 00003
Fees $4,840.00
Rcgbtralion l:
Expiro:
Sub-Typ€:
st tu!:
Cell:
tuger:
(208) 37G1481
PWC,C.12003
7fi412017
781t2014
PUELIC WORKS
UNIIMITED
ACTIVE
The Ewing Co., lnc.
(20E) 377-1s00
BLDI4OMOOO6 BUILDING ACTIVE
.:l Pernn(r)
https://web.dbs.idaho.gov/etrakit3/Custom/ldaho_publicWorksSearchRslts.aspx U3t20t8
xom I s.tup.nAc.6u rL.r'n @l
Meridian City Council Meeting Agenda January 9, 2018 – Page 103 of 475
IDSOS Viewing Business Entity Page I of3
IDAHO SECRETARY OF STATE
Viewing Business Entity
Lawerence Denney, Secretary of State
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I Get a certificate of existence for EWING CO.. INC. (THE) ]
I Monitor EWING CO.. INC. (THE) business filinos ]
EWrNG CO., rNC. (THE)
15OO EL DORADO STE 4
BOISE, ID 83704
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDING 08 Oct 1982
State of Originr IDAHO
Date of 08 Oct 1982
Origination/Authorization :
Current Registered Agentr JOHN R EWING
15OO EL DORADO
BOISE. ID 83704
Organizational ID / Filing C52205
N umber:
Number of Authorized Stock 5000
Shares:
Date of Last Annual Report: 26 Oct 2OL7
Annual Report Due: Oct 2018
Original Filing:
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Filed O8 Oct 1982 INCORPORATION View Imaoe (PDF format)
FF
Amendments:
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Annual Reports:
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Amendment Filed 05 Sep
t979
Amendment Filed 13 Dec
2012
Amendment Filed 05 Feb
2013
OTHER.
R/A
ARTICLES
RESTATEMENT
ARTICLES
RESTATEM ENT
Report for year 2Ol7 ANNUAL REPORT
Report for year 2016 ANNUAL REPORT
Report for year 2015 ANNUAL REPORT
Report for year 2014 ANNUAL REPORT
Report for year 2013 ANNUAL REPORT
11312018hftps://www. accessidaho.org/public/sos/corp/C52206.html
Meridian City Council Meeting Agenda January 9, 2018 – Page 104 of 475
Surety
2028 Halls Mill Road, PO Box 1650
Whitehouse Station, NJ 08889-1650
Federal Insurance Company
AIA Document A3l2rN- 2OlO Performance Bond
Any singular reference to Confi-actor, Suery, Owner or otler party shall be considered plunl where applicable.
COMRASIOR SURETY (Name on d Pincipal pldce ofBusiness):
(Name,legal status and address): Federal Insurance Company
The Ewing Company, lnc. 2O2B Hall,s Mill Road
1500 Eldorado, Suite 4 Whitehouse Station, NJ O8BB9
Boise, lO 83704
OWNER
(Name,legal status and aildress):
City ol Meridian
33 E. Broadway Ave.
Meridian, lD 83642
CONSTRUCNON CONTRACT
gxlg; January 9, 2018
Amount: $64,831 .00 Sixty Four Thousand Eight Hundred Thirty One Dollars and 00i 100
Description (Nome and l,ocation): WFIFIF Tertiary Filter Building A Crane, 3401 N Ten Mile Bd, Meridian, ldaho
- Proiect No. 10595.8
BOND
Date(NotearlierthanConstructionContractDate): January 9, 201 8
Amount: $64,831 .00 Sixty Four Thousand Eight Hundred Thirty One Dollars and 00/100
MoCilications to this Bond: f,l None tr See page 4
CONTRACTORS AS PRINCIPAL
Company:(Corporate Seal)
The EYring Compan Federal Insurance
Signature:Signature:
Name and Titlezl I /ea7 Attomey-in-Fact Name
SURETY
Company:
Brenda J. Sm
(FOR IM'ORMA?ION ONLY - Name, Address and Telephone)
AGEMoTBROIGR:
Paynewest lnsurance, lnc.
960 Broadway Avenue, Suite 100
Boise, lD 83706
208-424-2900
OWNER'S RPRESENIATM (Atchitect, Enginer or other wO):
Printed in qnperotionwith thc Amedcanltustitute oJ Architects (NA) W Chuth- The languoge in thit doctment confontls to the longuoEe uscd in
AIADo$mcntAil2 -mlo.
Fom l5{2{5,'}Pm Gs. ,Vl6)
h\x
EHL'EIEI o + 908.903.3485
F + 908.903.3656
Bond No. 82041234
Signed and Sealed this gth dayof January,20'18
(Any ailditional signatures aryear on the last We of this Perfonnance Bond.)
IMeridian City Council Meeting Agenda January 9, 2018 – Page 105 of 475
Meridian City Council Meeting Agenda January 9, 2018 – Page 106 of 475
L The Contractor and the Suety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance ofthe Construction Contract, which is incorporated
herein byreference.
2 lfthe Contractor performs the Constmction Contract, the Surety and the Contractor shall have no obligation
under this Bond, except when applicable to participate in a conference as provided in Section3.
3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall
arise after:
J the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate rvhether the Owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance. If the owner does not request a
conference, the Suety may, within flve (5) business days after receipt ofthe Owner's notice, request such
a conference. Ifthe Surety timely requests a conference, the Owner shail attend. Unless the Owner agrees
otherwise, any conference requested under this Section 3.1shall be held within ten (10)business days ofthe
Surety's receipt ofthe Owner's notice. If the Owner, the Contractor and the Surety agxee, the Contractor
shall be allowed a reasonable time to perform the Construction Contract, but such an agleement shall not
lvaive the Owner's right, if any, subsequently to declare a Contractor Default;
2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Suretyi
and
3 the Owner has a$eed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4. Failure on the part ofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute
a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its
obligations, except to the extent the Surety demonstrates actual prejudice.
5. When the Owner has satisfied the conditions ofSection 3, the Surety shall promptly and at the Surety's expense
take one ofthe following actions:
5J Arrange for the Contractor, with consent ofthe Orvner, to perform and complete the Construction Contrac!
52 Undertake to perform and complete the Consauction Contract itself, through its agents or independent
contractors;
53 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion ofthe Construction Contract, arrange for a contract to be prepared for execution
by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,
and pay to the Owner the amount ofdamages as described in Section 7 in excess ofthe Balance ofthe Contract
Price incurred by the Owner as a result ofConEactor Default; or
5.4 Waive its right to perf'orm and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1After investigation, determinethe amount forwhich it maybe liable tothe Ownerand, as soon as practicable
after tlle amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and noti$, the Own€r, citing the reasons for denial,
6. Ifthe Surety does notproceed as provided in Section 5lvith reasonable promptness, the Suretyshall be deemed
to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the
Surety demanding that the Surety perForm its obligations under this Bond, and the Orvner shall be entitled to
enforce any remedy available to the Owner. Ifthe Surety proceeds as provided in Section 5.4, and the Owner
refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Ovrrner
shail be entitled to enforce any remedy available to the Owner.
Printed in cooperotioflwith the Aneri.an lrlstitute ofArchitecls (AIA) W Chubb. The language in this docllment confofins to the language usedin
AIA Doeunent Ail2 N - 2O1O.
2Fom ,S2-O571-FED (Rev. u^6)Meridian City Council Meeting Agenda January 9, 2018 – Page 107 of 475
7. Ifthe Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Suety to the Owner shall not
be greater than those ofthe Contractor under the Construction Contract, and the responsibilities of the Owner to
the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to commitrnent
by the Ou.ner to pay the Balance of the Contract Price, the Suety Is obligated, without duplication, for
I the responsibilities ofthe Contractor for correction ofdefective workandcompletionofthe Constructioncontract;
2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting
from the actions or failure to act ofthe Surety under Section 5; and
3 liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of the Contractor.
8. Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis Bond.
9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to
the Construction Contract, and the Balance ofthe Contract Price shall not be reduced or set offon account
ofany such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other
than the Owner or its heirs, executors, administrators successors and assigns.
1O. The surety hereby waives notice ofany change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
lL Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction
in the location in which the work or part of the work is located and shall be instituted within two years after
a declaration of Contractor Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If
the provisions of this Paragxaph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in thejurisdiction ofthe suit shall be applicable.
12 Notice to t}re Surety, &e Olvner or the Contractor shall be mailed or delivered to the address shown on the
page on which their sig-nature appears.
lil. When this Bond has been furnished to comply with a statutory or other legal requirement in the location
where the construction u/as to be performed, any provision in this Bond conllicting with said statutory or legal
requtement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal
requirements shall be deemed incorporated herein. When so fumished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
14. DEFINITIONS
14,1 Balance of the Contract Price: The total amount payable by the O*,ner to the Contractor under the Constr:uction
Contractafterall properadjustrnents havebeen made, includingallowance tothe Contractorofanyamounts received or
to be received bythe Ownerin settlementofirsurance or otherclaims for damages to which the Contractor is entitle4
reduced by all valid and proper payments made to or on behalfofthe Contractor under the Construction Contract.
l42construction Contract: The agreement between the Owner and the Contractor identified on the cover
page, including all Contract Documents and changes made to the agreement and the Contract Documents.
l4.3contractor Defaultr Faiiure of the Contractor, rvhich has not been remedied nor waived, to perform or
otherwise to comply with the term of the Consrucdon Contract.
t4,40wler Def;ault: Failure of the Owner, which has not beea remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material
terms of the CorEtruction Coau?ct.
14.5. Contract Documents: AII the documents that comprise the agreement between the Owner and Conffactor.
15. If this Bond is issued for an agreement between a Contmctor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Printed il cooperation $,ith the Americqn lrctitute ofArchitects WA) b! Chubb. The language inthlt document cotfonns to the language used in
AIA Doc'unett 4312 nt - 2O1O,
3Form 1tu2-0573-FED (Rev. 11116)Meridian City Council Meeting Agenda January 9, 2018 – Page 108 of 475
16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additionai sippratures ofadded parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:t*,rparate Seat)
SURETY
Company:
Federal Insurance Company
{,Corpor{1te Seal)
Signature;_
Name and Titler
Address:
Name and Title:
Address:
Printed in coopa'ation with the Afiericafi Institute oJ Architects (AIA) by chubb. The lan*tage in this dodtmefit conlortus to the language Laed in
AIA Doanneit A312 N - 2O1O.
,1rotnr t5 02-0573-FED (Aer 11116)Meridian City Council Meeting Agenda January 9, 2018 – Page 109 of 475
EHLJEIEI
AIA Document A3l2r'!\r- 2OlO Payment Bond
SuIety
2O2B Halls MiltRoad, PO Box t65O
whitehouse station, NJ 08889'1650
Federal Insurance Company
o + 908.903.3485
F + 908.903.3656
Bond No. 82041234
CONTRACTOR
(Name,legal status and address):
The Ewing Company, lnc.
'1500 Eldorado, Suite 4
Boise, lD 83704
OWNER
(Name,legal status anil atldras):
City of Meridian
33 E. Broadway Ave.
Meridian, lD 83&12
CONSTRUCTION CONTRAST
Date: January 9, 2018
Amount: $64,831.00
Description (Nam e and lacatio
ldaho - Proiecl No. 10595.8
BOND
COT.MRACTORS AS PRINCIPAL
Company:
The Ewing Company, |rc.
Date (Not earlier than Con5,ruction Contact
Date): January 9, 2018
Amount: $&,831 .00 Sixty Four Thousand Eight Hundred Thirty One Dollars and 00/100
Modifications to this Bondr El None
SURETY
(Name, legal status antl principal place of bwiness):
Federal Insurance Company
2028 Hall's Mill Road
Whitehouse Station, NJ 08889
Sixty Four Thousand Eight Hundred Thirty One Dollars and 00/100
n): WRRF Tertiary Filter Building A Crane, 3401 N Ten Mile Rd, Meridian,
tl See Page 4
(Corporate Seal)
SURETY
Company:
Federal Insurance
SeaI)
Signature:
/z/;4,.{/"-*,Signature:6;7*fName and Title:
Signed and Sealed this gth dayof January' 2018
(Any additional signatures appear on the last page of this Petformance Bond,)
J
(FOR INFORII4A?ION ONLY - Name, Address and Telephone)
AGENT or BROKER:
PayneWest lnsurance, lnc.
960 Broadway Avenue, Suite 100
Boise, lD 83706
208-424-2900
OWNER'S REPRESEI{TATM (Archited, Engineer or other Wny)
Printed in c@peration 1,ith the American Institute of Architects (AIN by Chubb. The language in this doeament anforms to ,he lqnguoge used in AU
Doarrnent 4312fl - mlo.
Fofin
'S2O',+FED
(R€v. UIO I
[]\
Any singular reference to Contractor, Surety, owner or other party shall be considered plural where applicable.
Attomey-in-Fact
Meridian City Council Meeting Agenda January 9, 2018 – Page 110 of 475
)
Meridian City Council Meeting Agenda January 9, 2018 – Page 111 of 475
L 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 ofthe Construction Contract, which is incorporated herein by reference, subject to the following
terms.
2 Ifthe Contractor promptly makes payment ofall sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance oftle Construction Contract, then the Surety
and the Contractor shall have no obligation under ttris Bond.
& Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Suety (at the address described in
Section 13) ofclaims, demands, Iiens orsuits againstthe Owner or the Ovynefs property by any person or entity
seeking papnent for labor, materials or equipment furnished for me in the performance of the Construction
Contract and tendered defense ofsuch daims, demands,liens orsuits to the Contractor and the Surety.
4, when the Owner has satisfied the conditions in Section3, the Suretyshall promptlyand atthe Surety's expense
defend, indemniff and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
5, The Surety's obligations to a Claimant under this Bond shall arise after the following:
5.1 Claimants, who do not have a direct contract with the Contractor,
,1 have furnished a written notice of non-payment to the Contractor, stating with substantial accurary the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (9O) days after having last performed
Iabor or last furnished materials or equipment included in the Claim; and
,2 have sent a Claim to the Surety (at the address described in Section 13).
52 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section 13).
6 lfa notice ofnon-payment required by Section 5.I.1 is given by &e O\Dner to the Contractol that is suflicient
to satis$/ a Claimant's obligation to furnish a written notice ofnon-payment under Section5.1.1.
7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the followingactions:
7J Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
72 Pay or arrange for payment of any undisputed amounts.
73 The Suety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute
a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts forwhich the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge
its obligations under Section 7.1 or Section 7.2, the Surety shall indemniff the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sr rms found to be due and owing the Claimant.
& The Suety's total obligation shall not exceed the amouDt ofthis Bond, plus the amount ofreasonable attomey's
fees provided under Section 7.3, and the amountofthis Bond shall be credited for any pay,rnents made in good
faith by the Surety.
I Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance ofthe Constuction Contract and to satisft claims, if any, under any construction performance
bond. By the Contractor furnishing and the Oumer accepting this Bond, they agree that all funds earned by
the Contractor in the performance ofthe Construction Contract are dedicated to satis$/ obligations ofthe
Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion
of the work.
Printed. in cooperation vith the Americdn Institute of Archltects (AW by chubb. Thelonguage in this docllment @nfornl6 to rhelsnguage used in
AIADoctme All2rf,.2o1o.
form lso2-ot+FED (Rev.lll16) 2Meridian City Council Meeting Agenda January 9, 2018 – Page 112 of 475
10. The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor that are
unrelatedto the Construction Contract. The Owner shall notbe liable for the payment ofanycosts orexpenses
ofany Claimant under this Bond, and shall have under this Bond no obligations to make payments to, or give
notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.
11 The Surety hereby waives notice ofany change, including changes oftime, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
IZ No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the srate in which the project that is subject of the Construction Contract is located or after
the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.t.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were fumished by anyone under the Construction Contract, whichever of(l) or (2) first occurs. If
the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in thejurisdiction of the suit shall be applicable.
I3 Notice and Claims to the Suety, the o$'ner or the Contractor shall be mailed or delivered to the address shown
on t}Ie page which their signature appears. Actual receipt of notice or Claims, however accomplished, shall
be sufiicient compliance as ofthe date received.
14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location
where the construction was to be performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein, When so furnished, the intent is that this Bond shall
be consrued as a starutory bond and not as a common law bond.
lS Upon request by any person or entity appearing to be a potential beneliciary ofthis Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16. DEFINTTIONS
16.1 Claim, A qritten statement by the Claimant including at aminimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3a copy ofthe agreement or purchase order pursuant to which labor, materials or equipment was furnished
for use in the performance ofthe Construction Contractj
.4a brief description ofthe labor, materials or equipment furnished;
.sthe date on which the Claimant last performed labor or last furnished materials or equipment for use in the
performance of the Construction Contract;
.6the total amount earned by the Claimant for labor, materials or equipment furnished as ofthe date of the
Claim;
.7 the total amount of previous payments received by the Claimanu and,
.8fhe total aEount due and unpaid to the Claimant for labor, materials or equipment firnished as of the date
of the Claim.
f62 Claimana An individual or entity having a direct contact with the Contractor or with a subcontractor of &e
Contractor to furnish labor, materials, or equipment for use in the performance ofthe Construction Contract.
The term Claimant also includes anyindividual orentitythathas rightfullyasserted a claim under an applicable
mechanic's lien or similar statute against the real property upon which the Project is located, The intent of
this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of
water, gas power, light, heat, oil gasoline, telephone service or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work of the Contractor
Printed in coowration with the American Institute ofArchtects (NA) by Chubb. The language in thls document confoflns to the lon&&ge wed in
AIA Doatmmt A312N - 2O1O,
3Folrn lso2-o5.74.FED (Rev. 11116)Meridian City Council Meeting Agenda January 9, 2018 – Page 113 of 475
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,
lG3construction Conhact: The agreement between the Owner and the Contractor identified on the cover
page, includingall Contract Documents and all changes made to the agreement and the Contract Documents.
16.4owner Default: Failure of the Owner, which has neither been remedied nor waived., to pay the Conhactor
as required under the Construction Contract or to perform and complete or comply with the other material
terms of the Construction Contract,
165 Contract Documents. All the documents that comprise the agreement between tle Owner and Contractor,
17. Ifthis Bond is issued for an agteement between a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
1& MODIFICATIONS TO THIS BOND ARE AS FOLLO\trS:
1&1 "Claim notices for FEDERAL INSURANCE COMPAI.Iy must be sent to the following address: Chubb, PO Box 2191,
Chesapeake, Virginia 3327, Attention: Surety SupportTeam."
(Space is provided below for additional signatures ofadded parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:(Corporate Seal)
SURETY
Company:
Federal Insurance Company
(CorqrateSeal)
Signature:Signature:
Name and Title:
Address:
Name and Title:
Address:
l\lnted in c@perationvih the Anerican In$inrte of Architect (AIA) W chubb. mebnguage in this dcme'nt confonns to thelanguage usedin
AIA Doctment A3I 2 N. 2O1O.
Eormls424r+FEDG€v.lVtO 4Meridian City Council Meeting Agenda January 9, 2018 – Page 114 of 475
EHUEIEI'
Power of Attorney
Federal Insurance Company I Vigilant lnsurance Company I Pacific Indemnity Company
l(now AU by Those PrEsdrts, That FEDEITAJ. INSURANCE COMPANY, an lndlana colporatlo& VIGILANr INSURAiICE COMPAT{Y, a N€w York .lrporalloq and PACIFIC
INDIMNITY COMPAtly, a Ws<onstn corpoEdon, do each hereby constltute and appolnt Brenda J. Smith
am€ ing or alterlig the same, end consenB lo drc bodlGcadon or allaration of any iBsEum€nt r€ferred to h sald bon& or obllSatlons.
SurEty Bood Numbec 82041214
Obli8.e: City of Meridian
In wlhess wtcreof, r.Id FEDERAL II{SIrRANCE COMPANY, VlCltiiIT INSURANCE COMPANy, rtrd PACITIC IiIDEMNITy COMPANY have each execuled ard attested lhese
p.esents and affixed thelr corporate seals on thls 6.! d.y of Januory, 2017.
Suurr.-\n. eh-l.orcf
Dawn M. Chhrot. Assistant Se.reaary Stephen M. Harc./, Vice Presldenl
STATS OF NEW JERSEY
countyofHunt rdon ss
On tNs 6lr dey of lanu.ry 2017 before me, a ot ry Publlc of Iew J€6ry, peEonally cam6 Dawn IL Chloms to me lsrown to be Asltt n! S€srtary of FEDEML TNSUMNCE
COXPANY, VIGILANT INSUR NCECOMPANY, and PACIFIC II{DEMNITY COMPAIIy, lhe companl.s whlct o.eorled thc for.goln8 Pow.! ofAtrlmey, and ih! sald D.irn l,L Chtorot
belng by me duly swonr dld depose and say th:l she 15 Asslstant S€ffetary of FEDERAI INSURANCE COMPANY, VlGlLAlfi INSURA CE COMPANY, and PACIFIC INDEMNIIY
CoMPANY and knors the corponte reals lhereof, that the seab amx€d to the foregorng Power of Attomey ar€ Eud corporate s".ls and were therEto affxed by euthority of sald
thereio subic'ibed by authodty ofsald Companl6 and ln depooenCs prorence,
Notarial Seal XATBERN€J. ADEIT F
NOT RY A,iatE AF dEW *,68
Ito 23165
c.in6a6r, €prB rry 16 2oi,
CERTIBCAT]ON
Resolutlom adopted by the Bo.rds of DlrectoB of FEDEML II{SUR.ANCE COMPANy, VIGILANT INSUR,qNCE COMPAI,IY, and PACIFIC INDEMNITY CoMPANY or August 30, 2016:
.ot r€d lato In th. onlln.ry co!r$ olt{5ln.s. (.ad a'wriB.n Comn tn.!q:
(1) Eadr of rh. (lt&E a tle I'r6ldert .nd .h. Vl.. Prilld€ln o, thecompaykt.r.by rutho.Led nr a\e.!te!.ywrut r CoDmhEDt for.slonb.hlrorthcobpar, uld€rthc
s..l oftb. Comp.ny o! oth..wl.c,
toti..ndtth.t,ld.6bnLeth.dzdnydt tmr o(por.lt Fw[tcd fa ln !16 ?.nonl wn!.i +polrtm€clrs ir.h dornr?-la.6cL
C3) E:.h .1$. ahdlmn, th. H&nr .nd th. Vlo. Hd.nB ol $e Conp.ryrr n.r.V.!tltorh!4 tor.don bdEllordEc.mp&y,to.ppolDr lnurltht rny p.En t,l .tt 0.r-16.
E ! of t!. OohF y {It &l prlr ad.dttorlqr !o ile.lt, 6! 3d e b.Mdth. Coh!.ny, s.d.r tt. s.al o{tir Co !{o, or orba*is!, nldr Wrl&.. ConhltdlEri of rh.
Cosp.ny.s n? D..9.dn dh.ad!* ff.DDolDnn.llt t hldr A.dfqtlor my h. by a.llml lype ord.s5 of rqlt|Eln Colllnllrn nE or br.p.clfcrdon of o.r or nort piBtlcsbi
WrltEn CooBlt!tra|*
wtttsdd.!.OoLwi{.tQ.cifi6do Eq t! hy t4r.l lFn daof t{rttrln ColrrDltn r r o! ty ryecifiqdG o{d c ttDB F.deb.littltt6 CdihlEl.nrs
(9 tIE 4@rr of et.ffar c(.4[!fF!s.*.orr!r .rrt llt&r.ir CoftdMt or.r?o<eft 6 d&t&r F.dat to ltrtr 8.6.&,3d tlr s.d of dtt Comrdy, net be !fi!€rt !t
facaln eotr$drWrlt!.aC.Er{tn.rtorwrltt n:pgolrt!.oto.d.1.8:{or
Comlary, lln sltt R.solutlon drll lotllrdlorot!.rerb.It (r tf..r.i$. ol.ny iac! poe,.rorlurhortty otb.ryb. eji(|lygrrir.d or i{d.A'
cErdfy that
0) the foregoh8 Resol'rtloB adopted by the Board of Dlrs.tors of the Companles €I€ tiu€, con€ct aod ln firll io(e and eflcct,
0l) the Compedes 3re duly llctosed and aulhorlzed to t .nsaG sllrely buslne.s ln Ell 50 of the Unlted States of Am.ri.a and the Dbtrlct of Columbh end ar€
aulhodzrd by the US, Treasry D€parhreiq ,unher Fcdcr.l and Vlgllaot are llcensed ln the US. VIrSln blads, snd Fcd.r.l ls llcensed ln Guen! Pu.ri, Rlco,
aDd €ech of the Provhes o, Canada cxccpt Pdnce Etward Island; and
0ll) the fortgolog Pow€r ofAttom€y ls uue,.orIEd snd h full force and eftecL
Clv€n undcrrnyhand and s.als ofsald Compantcs atwhltrhooJc Srauorl IJ, tftrs January 9,2{)1lt.
@ffi@ Dawn M. Chloros, trjslsDanr
lrs oFA clAl!L VEBTFY lBE AlrtflEmtoTY OF TfltS S0ND O& N0I1F1 US coMIACrUSAnEVENT
903-36569ol- 3493
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Fom l$10.02258- U GEN coNSEM (r€.r. 12.16)
OUurutn.A$.fom(
Meridian City Council Meeting Agenda January 9, 2018 – Page 115 of 475
Meridian City Council Meeting Agenda January 9, 2018 – Page 116 of 475