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AME Electric, INC PRV'S 14 & 18 Control Systems Upgrade Project #10746
CONTRACT FOR PUBLIC WORKS CONSTRUCTION PRV's 14 & 18 CONTROL SYSTEMS UPGRADE PROJECT # 10746 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this2_ tp day of June 2018, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and AME ELECTRIC, INC. , hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur St. Caldwell, ID 83605 and whose Public Works Contractor License # is C-11544 . INTRODUCTION Whereas, the City has a need for services involving PRV'S 14 & 18 CONTROL SYSTEMS UPGRADE; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor PRV'S 14 & 18 CONTROL SYSTEMS UPGRADE page 1 of 14 Project 10746 represents and war€rnts that it will perform its uork in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of thls Agreement and that are in effect at the tme 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 oplnlons prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no otherwananties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contra6tor at the City's request underthis Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Scfredule 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-Exoeed basis as proMded in Exhibit B 'Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $58.400.00. 2.2 The Conlractor shall provide the City with a monthly statement and supporting inraoices, as the work warants, of fees earned and costs incurred for services provided during the billing period, whlch the City will pay within 30 days of receipt of a conect invoice and approval bythe City. The Citywill not wifthold any Federal or State income tiaxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of thls 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, oompensation, salary, wages, or other type of remuneration for services rendered under this Agreement induding, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3.1 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 Sectlons 3.2, 3.3, and Seclion 4 below or unless some other method or time of terminauon is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breadr any of its provisions, City, at City's option, may terminate this Agreement by giving written notificatlon to Contractor. PRV'S 14 & 18 CONTROL SYSTEMS UPGRADE P.oject 1 0746 page 2 ot '14 3. Term: Meridian City Council Meeting Agenda June 26, 2018 – Page 56 of 246 3.3 Should Cityfail to pay Contractor all or any part of the compensation setforth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4, Liquidated Damages: Substantlal Completion shall be accomplished wifrin (60) sixty calendar da!,s from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unreshicted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, conections or repairs remain forthe physical completion of the total confact. Contractor shall be liable to the City for any delay beyond this time perlod ln the amount of $100.00 (one hundred dollars) per calendar day. Such payment shall be consfrued to be liquidated damages by the Contractor in lieu of any daim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have (75) seventy-five calendar days to complete the work as described herein. Contractor shall be liable to the Cfty for any delay beyond this time period in the amount of $100.00 (one hundred dollars) per calendar day. Sucfr payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5, Termination: 5.1 lf, through anycause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violat€s any of the covenants, agreements, or stipulatlons of this Agreement, falslfles any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any olher act of misconduct in the performance of this contract, or lf the Clty Council determines that termination of this Agreement ls in the best interest of CITY, the Cl'l-Y shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effectlve date trereof at least fifleen (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 of any termination of this Agreement, all flnlshed or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at he optlon of the CITY, become ib 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 ttre CITY by virtue of any breach of this PRV'S 14 & 18 CONTROL SYSTEMS UPGRADE Project 10746 page 3 of 14 Meridian City Council Meeting Agenda June 26, 2018 – Page 57 of 246 Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. Thls provision shall survive the termlnation of thls agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependentContractor: 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contrac{or, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contrador has no authority or responsibility to exercise any rights or power vested in the City and trerefore 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. 6.3 Conkactor shall determine the method, details and means of performing the work and services to b6 provided by Contrac{or under this Agreement. Contractor shall be responsible to Gityonlyforthe requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in futfillment of this Agreement. lf in the performance of this Agreement any third persons are €mployed by Contrac,tor, such persons shall be entirely and exclusively under the direction and supervision and oontrol of the Contractor. 7, Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 The Contractor shallonly furnish employees who are competent and skilled for work under this contract. lf, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is othenrise unsatisfactory, that employee shall be removed from all work under this contract. PRV'S 14 & 18 CONTROL SYSTEMS UPGRADE Prciect 10746 pago 4 of 14 6.2 Contractor, lts agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contradors and not as employees of the City. 8. Removal of Unsatisfactory Employees: Meridian City Council Meeting Agenda June 26, 2018 – Page 58 of 246 9. lndemnification and lnsurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and ifs elected officials, officers, employees, agents, and volunteers ftom and for any and all losses, claims, actions, judgments fordamages, or injuryto persons or property and losses and expenses and other costs including litigation costs and attomey's fees, arising out of, resulting ftom, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of C|TYor its employees. CONTRACTOR shall maintain. and soecificallv aorees that it will maintain. throuohout the term of this Aoreement. liabilitv insurance. in which tle CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident orocornence, Automobile Liability lnsurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the stafutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnifo 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 Clfi from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litgation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by fie Contractor or Contracto/s officers, employs, agents, representauves or subcontraclors and resulting in or attribulable to personal injury, death, or damage or destruction to tangible or intrangible property, including use of. CONTRACTOR shall provide Clry with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. 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 Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Bests rating of no less than A-. 9.3 Anydeduclibles, selfinsured retention, ornamed insureds must be dedared in writing and approved by the City. At the option of the City, efther: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contrac{or shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim adminlstration and defense expenses. 9.4 To lhe extent of the indemnity in this contract, Contracto/s lnsurance coverage shall be primary insurance regarding the City's elected oflicers, officials, employees and volunteers. Any insurance or self-insurance maintained bythe City PRYS 14 & 18 CONTROL SYSTEMS UPGRADE Proiect 10746 paos 5 of '14 Meridian City Council Meeting Agenda June 26, 2018 – Page 59 of 246 or the City's elected officers, officials, employees and volunteers shall be exoess of the Contractods insurance and shall not contribute with Contractor's insurance except as to the extent of Cih/s negligence. 9.5 The Contracto/s insurance shall apply separately to each insured against whom claim ls made or suit is brought, except wilh respect to the limits of the insure/s liability, 9.6 All insurance @verages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The llmits of lnsurance described herein shall not limit the liability of the Contractor and Contracto/s agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that he failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by lhe party so failing to perform. 11. Bonds: 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defeclive during a warranty inspection and subsequently corected will require an additional two (2) year warranty from the date of Cig's acceptance of the conected wort. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the PRVS 14 & 18 CONTROL SYSTEMS UPGRADE page 6 of 14 Proiecl i 0746 Payment and Performance Bonds are required on all Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof . Contractor is required to fumish faithful performance and payment bonds in the amount of 100% of the clntract price issued by surety licensed to do buslness in he State of ldaho with a Besfs rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or suretywill be liable and assessed for anyand all msts forthe re-procurement of the contact services. Meridian City Council Meeting Agenda June 26, 2018 – Page 60 of 246 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. The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certific€tes for items purchased and used by the City. ltems purchased by the City and used by a @ntractor 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. MeridianStormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: htto://www.meridiancitv.oro/envi ronmental.asox?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 mmpleted Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance ofthe project. 16. ACHD: Contractor shall be responsible for coordinating wilh the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17 . Reports and 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 information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every PRV'S 14 & ,I8 CONTROL SYSTEMS UPGRADE Project 1 0746 page 7 ol 14 14. Taxes: Meridian City Council Meeting Agenda June 26, 2018 – Page 61 of 246 other means of recording upon any tangible thingr any form of communication or representration including letters, words, pictures, sounds or synbols or any combinalion thereof. '18, Audits and lnspections: At any time during normal business hours and as often as the CITY may deem neoessary, there shall be made available to the Clry for examlnation all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such recotds, and to make audits of all contracts, invoices, matedals, payrolls, records of personnel, conditions of employment and other data relating to all mafters coverd by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in wfiole or in part under this Agreement shall be subject to mpyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and othenarise use, in lvhole or ln part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: 21. Contractor must comply with ldaho State Statute 44-1002 wtrictr states that the Contractor employ nlnety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: ln performing the work herein, Contractor agrees to comply with the provisions of 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 foremployment because of race, color, religion, sex, national orlgln, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employrnent or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handlcap. ln performlng the Work required herein, CONTRACTOR shall not unlaMully disoiminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religlon, sex, national origin or ancestry, age or disability. Employnent of Bona Fide ldaho Resldents: Each party wanants and represents that in executing this Agr€ement. lt has received independent legal advice from its attorney's orthe opportunity to seek such advice. PR\TS 14 & 18 CONTROL SYSTEMS UPGRADE Poi€c1107,16 page I of '14 Meridian City Council Meeting Agenda June 26, 2018 – Page 62 of 246 23, Aftorney Fees: Should any litlgation be commenced between the parties hereto conceming this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attomeys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall suMve any default, termination or forfeiture of this Agreement. lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of anyotherpart of thisAgreement so long as the remainder of the Agreement ls reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Walver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modifled as provlded above. 26, Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and allother agreements or understandings, oral of wriften, 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 lts rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to Cily of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve lhe pay request for prccessing. City of Meridian payment terms are Net 30 from the date City receives a corr€ct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of PR\TS 14 & 18 CONTROL SYSTEMS UPGRADE Proiect 'l 0746 page 9of 14 24. GonstructionandSeverability: Meridian City Council Meeting Agenda June 26, 2018 – Page 63 of 246 work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the wo*. Final payment will not be made if cleanup has not been performed. 30, Order of Precedence: The order or precedence shall be the contrac{ agreement, the lnvitation for Bid document then the winning bidders submitted bid document. 31, Compliance with Laws: ln performing the scope of 't iork required hereunder, CONTRACTOR shall comply with all applicable laws, ordinanoes, and oodes of Federal, State, and local govemments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, 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 othenvise stated in this agreement, shall be in writing and be deemed communlcated when mailed in the United States mail, certified, retum receipt requested, addressed as follows: ctw City of Merldlan Purchaslng Manager 33 E Broadway Ave Meridian, lD 83642 20e.489-0417 CONTRACTOR AME Eleotuio, lnc. Attn: Mike Tenhulzen 3621 Arthur St Caldwoll, lD 83605 Phone: 20&459{959 Email: mike@ameelckic.com ldaho Public Works Llcense #'l15rt4 34. 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. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. page 10 of 14PRV'S 14 & 18 CONTROL SYSTEMS UPGRADE Pojecl10746 Meridian City Council Meeting Agenda June 26, 2018 – Page 64 of 246 CITY OF MERIDIAN B AM YdeW RDMAYOR Dated: 6 z � & z Approved by Council: Attest: S C.JAY COLES, qJY CLERK Purchasing Approval i BY: KEITH W TSJPU'rcha—sanager Dated:: C� Project Manager Dean Stacey PRV S 14 & 18 CONTROL SYSTEMS UPGRADE Project 10746 AME ELECTRIC, INC. BY: ~/�, , /iw; I(— S TeK N )z ICI ----- Dated: City of w E IDIAN%- 4 �OAHO SEAL 4/ A BY: "V vLr v� / WARREN STEWART, City Engineer Dated:: c /I 1� page 11 of 14 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1843.10746 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-1843-1076, are by thls reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All condruction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meidian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Plans and Technical Specifications - PRV 14 Controls Upgrade by Bowen Collins & Associates dated 03/08/2018 ( l l pases) Plans and Technical Specifications - PRV 18 Controls Upgrade by Bowen Collins & Associates dated 03/08/2018 ('l l pag€s) PRYS 14 & 18 CONTROL SYSTEMS UPGRADE Pro.ieqt 'l 0746 pa€a 12 ot 14 Meridian City Council Meeting Agenda June 26, 2018 – Page 66 of 246 A. Exhibit B MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $58,400.00. Milestone 1 Substantial Completion 60 Days from Notice to Proceed Milestone 2 Final Completion 75 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentials as required for the PRV's 14 & 18 CONTROL SYSTEMS UPGRADE per IFB PW-1843-10746 NOT TO EXCEED CONTRACT TOTAL.. ...... $5SJ00-00 Total Bid Schedule ....$58,400.00 Contract ls a not to exceed amount. Line item pricing below wlll be used for invoice verification and any requested by city. The City will pay the contractor based on with the contract documents. addltlonal increases or dscreases in work of wark in aer:ardanaaactual quantities of each Item No.Descrlptlon Quantitv Unit Unit Price 1 M obilization/Demo bllization : Cosls associated with projed site Mobilizallon and Demobilization 1 LS $1,000.00 2 Removal of Existing PRV Control Panel, Conduit and Wirino 1 LS $500.00 3 PLC Coohd Panels: (DrawinEs E-06 thru E-10) 1 LS $17.100.00 4 Trenchlng/Boring, TBffic Contnol, site Restoration 1 LS $500.00 5 Panel Support Rack(s), Concrete pad(s), and Grou4ding 1 LS s4.000.00 6 Meter Panelboard and Breakers 1 LS $800.00 7 Elestrical Condult. Wire, Materials and lnstallation 1 LS $3,800.00I 1 Mobilization/Demoblllzation: Cosb associated with projed site Mobilization and Demobllization 1 LS $1,000.00 2 Removal of Existing PRV Control Panel, Condult, and Wiring 1 LS $500.00 3 PLC Contol Panels:1 LS $17,100.00 PRV'S 14 & 18 CONTROL SYSTEMS UPGRADE Project 10746 page 13 of 14 1 Meridian City Council Meeting Agenda June 26, 2018 – Page 67 of 246 (Drawings E-06 thru E-10) 4 Tronching/Borlng, Traffic Control, Sit3 Roslo6lion 1 LS $2,500.00 5 Panel Supporl Rack(s), Concrete pad(s), aM Grounding 'l LS $3,700.00 6 Meter Panelboard and Breakers 1 LS $500.00 7 Eeclrical Conduit, Wlre, Matorials afld lnstdlaion ,|LS $2,400.00 8 IestinE 1 LS $1,s00.00 r PRYS .I4 & 18 CONTROL SYSTEMS UPGRADE Project 1 0746 page 14 of 14 Meridian City Council Meeting Agenda June 26, 2018 – Page 68 of 246 a Bond No. IDC 44616 Performance Bond CONTRACTOR: (Name, legal snns ond address) AME Electric, lnc. 3621 Arthur St Caldwell, lD 83605 Document A3 12rM - 2010 OWNER: (Nanc, lcgal stons otd oddr*s) City of Meridian 33 East Broadway Ave., STE 106 Meridian, lD 83642 CONSTRUCTION CONTRACT Datc; June 11, 2018 Amounc $ 58,400.00 Description: (Nome and location) PRVS 14 & 18 CONTROL SYSTEMS UPGRADE BOND Date: June 11, 2018 (Nol eorlier thon Constnrction Contract Date) Amounu $ 58,400.00 Fifty Eight Thousand Four Hundred Dollars and 00/100 Modifications to thisBond: I Nonc ! Scc Scctioo 16 CONTRACTOR AS PRINCIPAL SURETY Conforms Mth The American lnstltute of Archltects AIA Document 312 SURETY: (Nane, legal sbns ond pincipl place of busircss) Merchants Bonding Company (Mutual) P.O. Box 14498 Des Moines, lA 50306 - 3498 Malllng Address for Notlces Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, lA 50306-3498 (Corporate Seal)Company: Merchants Com F,.l Z Sigrature: Name F and Title: AttorneY-in-Fact Thls document has Impodant legal consequences. Consullatlon wlh an atlorney ls oncouraged with roepocl to lB completlon or modlfca{on. Any shgular refererrce lo Contrador. Sur€ly, Ovrn€r or olher paiy sha[ be consldemd plwal where appllcable. (Coryorate Seol)C'ompmy: AME Electric, lnc.-) Signahre: Name and Titler trt;i(*-3 P"e,"-id ;r (Any additlonal si5ztaturu oppeor on the lad poge otthls Perfonnance Bond) 6OR INFOAIWIflON ONLY -Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: The Hartwell Corporation (Atphitect,Englneerorotherparg:) PO Box 400 Caldwell, lD 83605 208-459-1 678 A S-185ZAS U10 Fifty Eight Thousand Four Hundred Dollars and 00/100 Meridian City Council Meeting Agenda June 26, 2018 – Page 69 of 246 S I Thc Contlactor alld Sursty, joiDtly and scvcrally, bind thcmsclves, their hehs, cxccutoE, adminisLrotors, succ€slo6 ahd alsigrs to lhe Owner for tho perfonBr[ce ofthe Con$ruction Coou"sct utich is incorporEted hercin by rcfcrcnce, S 2lfthe Coutractor pcrforos the CoiFtruction ControcL lhc Surety ord thc Controctor shall have no obligatioo uudcr this Bond, exept whctr applicablc to lrorticipate in a conference as provided in Slction 3. $ 3 [ftherc is no Owner l)efault under lhe Constuctior Controct, th€ Surety's oblig6lion undcr lhis Bond stall. sc ater .'l the Owncr lirs providcs nolicc lo thc Conlraclor and thc Sudy lhst thc Owncr is considering dccl.dflg a Contmctor Def0ult. Such notice shull lndicote whether the Ovoer is requcsling a confetEnce omong the O\ rer, Conuactor aod Surety io discuss tlle Contractods pcrforoatrce. If0rc Ovincr docs not rcqucst ! conf.rcnce, the Suety may, wilhio lrvc (5) businass dnys after rcceipt of thc Oqmcr's rcticc, lequest such a conferctrce. Ifthe Surcty timcly rcquesls a conferencr, lhe Owner shall attcnd, Unless thc Olvncr agrees oth.rwisc, any confdeoce rcquesed urdcr this Scclioo 3.1 shall b€ held wilhin ten (10) business days ollhe Suret/s rcccipt ofthe Owne/s notlcc. Ifthe O\4er, the Coolracto! and the Surty a8tre, the Controctor shall be allonEd s rclsonlble time to pcrfoEr the Construction CoDtEct, but such afl 8grclmcnt shall tlot waive lhe Ovtiels righl, if.ny, sutsequcrtly to d€clare I Conliactor De&ulti.2 orc Ouacr declarcs 8 Coolractor Dcfault, tcrminatcs the Consuuctio! Cootact ald lodfies $e Surrty; and .3 tie O\wer has lgre.d to pay thc Bal$cc oflhe Contlact Pric. in .ccordance uitl the lerms oflhe Construction Contnct to lhe Surety or to a contractor selected io perform the Con$ruction Contract. S 4 Failurc oo lhc p8d ofthe Owner lo comply wilh the nod@ requirement in S.ction 3.1 Sall mt coistitute s failuro to comply with a condition pr€ccdcot !o lhc Surst),rs obllgations, or rclease the Surcty from its obligatioo3, erccpt to lhe ad€nt tie Sulty demonst ot€s actual prejudi@. S 5 Wheo the Owne! has sotisfed the conditioos of Sectioo 3, lhc Surcty shall promptly ond at tte Surcty'3 cxpense takr one oflhe following actlons: S 5.1 AIIaruc for the Coutraclor, wilh the clls€ot ofthe Ow,ler, to perform aod conplete thc Construction Contrsct; $ 5,2 Uudcrtakc to pofom 0od completc 6q Coostruclioo Contract itslli through its 6g.nts or indcFndcnt con(racto6; $ 5.3 Obtain bids or ncgotiated proposals from qualified contractors acq?table to thc Orvncr for a coDbact for pcrformance 8nd completion ofthe Conslruction Contrucl liangc fo. a contruct to be pr.paEd for exccution by thc Orvnq and a corltrsctor sclcctcd wifi the OwDels concunEncc, to b€ seclrcd with pcrforrraocr and payEcot boods cxecutcd by a qualilied surety equival€ot to thc boDds issued on the Cooslruction Contsact, and p1y to thc O$n€r the amounl ofdamagcs as dcscriM in Section 7 in o(ccss ofthe Balsncc ofthc Cbnkact hice incur€d by ii€ olvrler &! a result ofthe Con8acto. Default; or S 5.4 Waivc its .ight to pcrform and complete, ana[ge for completioo" or obtah a ncrv contlactor ond with .rasonable promptness und6 lhe cirqumstonccs: ,'l Aiier irv6tigation, dctcrmiog thc amount for which it may be liablo to thc Owner atr4 as soon as practicsblc aftcr th. flnount is dctcroincd, &akc paymcat to thc Oivtlgr; or .2 Deny liobility in whole or in part and oaify drc Owncr, citirlg drc |sasons for dcnial. 5 6 Ifthe Surcty does not proceed &5 Drovided h Section 5 with rcasomblc proEptoqs, thc Surcty shall be d.emed to bc in dcfault oo this Bood seveo dsys a0er rcclipt ofqo sdditiorul \Titlen nolice froE the Ovuer b thc Surety dcrnaDding that $e Surety perfotm iB obligatioos uDdet lhis Bond, and ore Ovner shall bc cntitlc{ to cnforcq any rsmedy availablc to the Owtrer. Ifdle Surcty procecds as pmvided in Section 5.4, snd thc O*acr rcfrscs thc paymcnt or the Surcty has denied liability, in lvhole or in patl' without fu hcr notlce thc Owrlcr shall bc eDtitled to enfotce any remedy avEilable to the Owner, s.1852,/AS U10 Meridian City Council Meeting Agenda June 26, 2018 – Page 71 of 246 $ 7 lftie Surety elecls !o aot uodet Section 5.1, 5,2 or 5.3, thcn the r€sponsibilitics ofthe Sulety to the Owncr slull not be grclt r than lltosc oftfic Cotltmcio. under lhe Conskuction Contracl, and the responsibilities ofthe Owner to the Surcty shall lot bc grcltcr Oan tlrccc gfthc Owncr undcr thc Construdion CootracL Subject to lhe commiment by lhe Owtrr to pay Oc Balare oflhc Coocact Pricg the Surety is obligated, wittrout duplication, for ,1 thc r$ponsibililies ofth€ Conkactor for conectib! ofdefcctive rvork and compledon ofthe Consbudlon C'ofltracti.2 addltioaal legal, desig! ptofessional and delay costs re.sulting from lhe CootloctoCs Delbulq {nd r€sulting Eom the actions or failurc to .ct ofdte Surety und.r Seclion 5; snd.3 .liquidatcd dafiagrq or ifDo liquidated dsmager alc spacified h tte coostruction Contract, octuat dom.ges clused by delayed p€rformance or soo-perforoancc of the Cootractor. S S lfthe Surcty clects to act under Scaion 5.1, 5.3 or 5.4, the Suret/s liabiliry is limited to the amount of this Bond. S l0 The Sulety herpby ldaives toticc ofany chaogq hcludirg chalgcs oftimc, to thc Consructlon Contrsct or to relakd subcootra$s, purrhas! orders and other obligatious. $ 1 'l Any proceeding, legol or equitoblq undcr this Bond may bc hrslitutcd in any cou ofcomp€tent judsdicliotr fu rie locaioo in s,hich the work or pan ofthc wod( is locatcd and shall be institutcd within two ycars aft.r a dccl$atlotr ofcootracto! Default or witbi! tv,ro ]!3rs oner fie conlractor ccascd \rorking or $'ithh hrro yeals aflcr thc Surcty rtfusB or failr to pcrforB is obligations undcr this Bond, whichcver occuts 6BL Ifthe provlslons ofthis Paragraph a.r€ void or prohibited by larv, dre minimum period of limitation available to sueties as ! defense in thejurirdiction of lhe suit shall bc appliGble. S 1 2 Noticc to tlc Sutcty, thc Orrncr or lhc Conlraclor shall bc moilcd or dclivqed to ahe addrcss shown on thc page on which thcir signoturc sppcaE. ! 0 Thc suEty shall notbe liablo to tho OwtBr or othe6 for obligations oflhe Contr0cto! ttst arc unrclstcd to 0rc Collgt uqtioo Co tract, and tho Balonc. oflhe Conkact Price shall not bc reduced or set offon ecsount ofany iuch ufirlatcd obllgltiofls. No rlghi ofactlon shall ac!ruc on this Bond to aay persoo or ortity other thar! thc owrcr or ilg hcirs, cxcsutoE, ldmiDistEtoB, successors ad assigns. S I 3 Whcn this Bond has been fumished to comply wit[ I stltutory or othcr legal requir€ment in the location wherc the const uction was to be pcrformed, rny provision in this Bond confliaint with said statutory or legal requirernent shail be deerned deleled hereftDm and provisioru confonning to srlch statutory or othe. legql rcquinment shall be de€med incorporstcd h€reh. Wheo so firnishcd, thc iotent is that 6is Bond shsll bc constucd os I stotutory bond and oot as a common loivbond, S 14 Delinltlons S 14.1 galanco of tho Contract Prlce. Thc lolal amouit payable by the Owrcr to th€ Cotrtracto! uader lhc Constructio! Conhad ancr all prcp.r adjusttnctb havc bccn madq iocluding allorvance lo lhe Codractor of .ny amouots rcceived or to be received by the Owner in setdeoent of i$urancc or othcr claims fo. daoages to whic[ lhe Contractor ls enritle4 rcduced by all valid ond propr payments madc ro or on b€halfofthe Conlractor ulder the Cons[uction Contract. $ 14.2 Constructlon Contfacl. 'lhe agrcuent betwren thc Orvncr snd Conhactor identilied on lhe cover poge, includinS all Contract DocumerlG 8nd changes made to the aBr€erne[t atd the Coolract Documenls, 5 14.3 Contractor Defaull Failur€ ofthe Conhsctor, rvhich has not bcm rqnedi€d or waivcd, to p.f,fonrl or othcnvisc to comply with o material term oftlE Colstsuctioo Contrsct. S 14.4 Owner Default Failure ofthe Orwgr, which has aot beea remedied or waive4 to pay the Contraclor as required under the Construction Cont sct or to perform snd complcte or comply with the other mslerisl terms ofthe ConsuuctioD Co[trscl S '14.5 Contract DocumenE. All the docllments that comprise th! agrcement bctqrccn the O$ner srd Confactor. $ 15 If this Bond is issued for an ogrcement between a Conhsctor otrd sub.$nkactor, lhe term Conractor in this Bood shstl bc dclmcd to bc SubconLacto. and the term Owner shnll be deemed to be Contrrtor. s-t85zAS B/10 Meridian City Council Meeting Agenda June 26, 2018 – Page 72 of 246 5 15 Modifications lo this bond arc as follows: (Spdce h wfid.d belo\t/for odditional signatutes dadded Nt,les, oth.r lhon thate Weaing on the cover Wge.) CONTRACTOR AS PRINCIPAL SUREry Compatry: (Cotpolat. Seal) gompily:(Cotpobte SeaA signaturc:signaturc: Nomc and Addrcss Name and Title: Address s-l85ZAS 8/10 Meridian City Council Meeting Agenda June 26, 2018 – Page 73 of 246 Bond No. IDC 44616 Payment Bond CONTRACTOR: (Nane, legal stans aad addr*s) AME Electric, lnc. 3621 Arthur St Caldwell, lD 83605 Signaturc: Namc aud Tittc; (Any addttlonal slgnatures appear on the last page o/this Paynent Bond) (FOR NFOR*IATION ONLY - Name, addrcss and telefitone) Document A3 12rM - 2010 Conforme wlth The American lnstitute of Architects AIA Document 312 SURETY: (Naote, legal status ottd principl place of businesg Merchants Bonding Company (Mutual) P.O. Box 14498 Des Moines, lA 50306 - 3498 Malllng Address for Notlces Merchants Bonding Company (Mutual) P.O. Box 14498, Des Moines, lA 50306-3498 OWNER: (Name, legal stans and addre*) City of Meridian 33 East Broadway Ave., STE 106 Meridian, lD 83642 CONSTRUCTION CONTRACTDate: June 11,2018 Amomt: $ 58,400.00 Fifty Eight Thousand Four Hundred Dollars and 00/100 Description: (Nante and location) PRVS 14 & 18 CONTROL SYSTEMS UPGRADE. BONDDuter June 11 , 2018 (Not earlier than Constntcfion Contmct Date) Amounr $ 58,400.00 Fifty Eight Thousand Four Hundred Dollars and 00/100 Modifieations to 0ris Bond: @ None ! See Section t8 CONTRAGTOR AS PRINCIPAL SUREWCompany: (Coryorote tieal) Compaly: AME Electric, lnc. Merchants This documont has important legal consequoncss. Consullatlon wlth an attomey ls encouraged with rospod lo lt6 completlon or modificau6n. Any slngular reference to Contraclor. Sumly, Orner or other party shall be consuered plural wher6 appllcable. (Corporate Scal) Signature: Namc Baughm and Tirlq Attorney-in-Fact OWNER'S REPRESENTATIVE: (Architact, Eaginaer or other party:) AGENT or BROKER: The Hartwell Corporation PO Box 400 Caldwell, lD 83605 208-459-1 678 $21,(9lAS 8110 Meridian City Council Meeting Agenda June 26, 2018 – Page 74 of 246 S I lhc Conlractor and Sffcty, jointly 6nd sctcrally, bind themselves, thcir hcin, cxccutors, udmbisullors, succcssoE and assigE to thc Oencr to pay for labor, materials and equipment fumished fff use in the perfonnsncc oflhe Consbuction Contr0ct, vhich is incorponted h€rein by Bf.rence, subjet{ to the followidg terms. 5 2If (he Confi-actor Fomptly mokes psyncat of.ll suBrs duc to Clsimaob, and dcfcnds, indennifies sDd hol& har! gis thc Owrcr from claims, demands, Iiens or suils by any penon or cnlity sceking paymcnt for labor, malcriab or cquipmcot fumishrd for usc in thc perfomDnce ofthc Construction Contr0cL thcn thc Surcty .nd fic Contiactor shall havc no oblig.tion under this Bond. S 3 IftheG is no Ownq Default undcr thc Construction Conlracl, thc Surrty's obligatioo to the Owncr nnde. this Bond shall srise aner fie O\uEr has promptly Dotificd thc Conlracto! a.d thc Surcty (at thc addrcss describ€d in Sedion 13) ofclaimr, dcmands, licas or suits against the Owtler o. the Owne/s propcdy by any pc6on or enlity seekiog psymeit for labor, materials or equipmeDt funished for use in thc pcrformancc ofthe Cooslruction Contract .nd tcndcrcd dcfsnsc of $uch clsimq dcmands, licDs or suils to thc Contructor ard thc Sur€ty. ! 4 when the Owner has sathlied the corditions in Section 3, the Surety shall promptly ,nd at the Surct/s expcnse dcfcnd, indcmni$ and hold harn css lhc Owner against ! duly tcnde..d olaim, demand, liert or suil S 5 Thc Surctys obligatioB to a Claimaot uoder this tsold sh0ll sdse nfler the follorving: S 6.'l Claima*s, who do not have a diEct conFrct with th. Cotrt actor,.1 have fumisled a writt€n notie ofnon-poymetf to the Contractor, ststirg tyith iub6tartial sccrlr€ry lhc amount clslmcd and lhc namc ofthc prrty to whom the matcrials wE{c, or equipmcnt was, fumishcd or supplicd or for rvhom thc labor vas dooe or performoq wilhin nindy (90) dsys ofter hrvilg last pef,formed labor or l&st fumlshcd matcrials or equipm€nt ilcluded io trc Clsimi ond' ,2 havs scnl a Claim lo thc Sutcty (at thc addrcss desoriM h Section l3). S 5.2 Claimoots, who arc cmployqd by or havc e dirrct contract uilh tbe Contsacto!, have seat a Claim to the Surety (at Ihe address de,scribed in S€ction l3). $ 6 Ifa notice of non-payment r€quircd by Scctiotr 5.1.1 is gircn by the Owner to the Contractor, that is sumcient to sotisfy a Chimont's obli8otion to furdsh a witten notlce ofnon-paymeht under Section 5.1,1. S 7 When a Claimaot has satislied the co[ditioN ofsectioos 5,1 or 5.2, whichcver is applicable, tie Surcty shall promptly md at thc Surcly's cxpense take the following actions: 5 7. 1 Send an aNw.r to the Claiman! lvilh a copy to the Ormer, within sixty (60) days after receipt of thc Claim, statilg thc amounls thst arc undisputed and the bosis for challenging any lmoutlts thal slc dbputad; ond $ ?.2 Pay or oronge for payment ofaoy mdisFrled aaouDts. S 7,3 Thc Surcty's lailur€ to dischlrgc its obligations undcr Section 7.1 or Section 7.2 shall not bc dccmcd to constitute a waiver ofdcfensc! the SuEty or Contraclor may have or ocquire as tro a Cloim, cxcept 8s to urdisputed srnounls for which thc Sulcty and Cl8imant bave r€act€d grcement, It however, 6e Surety fails to disdurge its obligations undcr Scction 7.1 or Scction 7'2' thc Surcty shall indeordfy tbc Claimant for the rctlmable at(omqFs fccs lhc Claimant iocurs thqrcaner to rccover ary surns found !o bc due ard owing to the Clsinant, S 9 Amounts owed by the OwDer to lhe Contsactor urdcr thc Constluction Co ract shall be used for the performance ofthc Constructiol Cootract o,ld to satisry daims, ifanyr undq 8ny oomlruction pcrformance bond. By the Cotrkador ftmishing 6nd th. Owner Ecccpting this Bond thcy ogrcc thrt 8ll funds caacd by thc Cortractor in the performance oft[e Coaslruction Conract ale dedicated to satisfr obligations ofde Conlractor and Surcty under this Bond, subjecl to the Ourcls priodty to use tlle funds for the complction ofthc work, , s-z't49/AS 8,/10 S q The Surety's total obligstion sh.ll not cxcccd lh€ arnounl ofthis Bon4 plus the amount ofrcsson0ble sttomey's fecs providcd undcr Sccliofl 73, and the amount ofthis Bood shall be qedited tor my paymrnts m0de in good fsith by lhc Surcty. Meridian City Council Meeting Agenda June 26, 2018 – Page 75 of 246 S I 0 Thc Surcty sh8ll lot bg lirblg to tbe Owner, ClaiEants or olhers fo! obli8alions ofthe Codrac.tor that llc urslated to tllc Coushu.tlon Co.rtmct, Thc Owner shall Dot be li.ble for the pqmeot ofaoy costs or cxpe,lsqr ofaoy Claiead udcr this Bond, and siall havc uoder this Boad no obligatio! to m[kc poymeots tq or give aotice on beholfot ClsiDs.lts or olierwise h6ve any obligatioDs to ClaiElnts under tttis Bond, S 11 The Surety herrby rvaives loticc ofatry chat€9, includiDg daryes of tiDg to the Construction Contract d to r€lated subcontracts, purchrso orders and olher obligatioos. $ 12 No suit or action sh0ll bc commcnccd by a Clai&art ood€r ttlr Botrd otler lh0n i! o court ofodopetentjurisdiction h the st te iD }ttigb the p!oj.c't tlut is lhc subjcct ofthc Co,lstrucdon Co raclls locatcd or 6fl.r ftc cxpiiatioo ofone yesr tom lhe dste (l) on ihich thc Clri6aot scot a Claim lo tlle Surcty pulsusnt to Scction 5.12 or 5r, or (2) oo sriich the lost labor or service w03 p€rfomed by snyore or thc Isst rtrstsrials or equiprent rlctc fumi5M by alyone under Oe Cottstrucdon CooEact, u,l chever of(l) or (2) Iirit occqrs,Ifthc povistoos ofthls Psragraph qa yoid or prohibited by lrw, lbe nldmulr period oflinitation available lo surelics as E defense h lh€ju.isdiclioo ofthc suit shall bo ryplicable, S 1 3 Notice aad Claims to tho Sutety, &e oryner or the Contraclo, sball bc oailcd or delivercd to thc addrc$ shovrtr on the page on which Iheh signature app€ars. Actual receipt ofno{ic€ or Claios, howwcr accomplisho( shall be suflicicnt corlpliance as ofthe date rrceived. $ 14 When this Bond bas bccn ftunishcd to comply wilh a ttairtory or olhe! lcg6l rcquircnent ir th6 location where the construotion was to be pcrformed, aoy provision io lhis Bond coofllctlog uith said it{hrtory or legal rcquireineot shall te deemed del€led her€&om ard provisioE coofolEing to such dahtory or othcr legal requtement shall be deenred incorporated herEin. \Ihcn so fumishc4 thc iltcot is that this Bond sholl be cooskucd as I stntutory bond and trot as a corollolr law bond. $ 15 Upon requcst by any lerson or sntity sppesrirg !o be a polentisl bcncfioilry ofthis Botr4 thc Cootractor and Oetr6 slull promptly finnistr a clpy ofdfs Ilold or shall pcnnit c copy to bc madc. S 16 Definillons S 16.1 Clalm. A uEitten staGment by tle Claimat including at a minimum: .1 fte namc of th! Claimant; .2 lhe flame ofthe person for whom lhc labor llas dong or matedals oI cquipmcnt fumishcd;.3 a copy oftbc agntmcnt or purhasc ordcr pursua to nhich labor, oat .ials or cquip[crt was fumishcd for use in tllc pcrfomtarce of thc Colstuction Corlracti.4 8 bdefd€rqiptioo ofthe labor, materials or equipmeot lirnisted; .5 thc dala or which Os Claimoot lost D€rfomcd labor or las( filEished msteriqls or equipmeDt for use h the perfonEece ofthe Constluction Cooltacq .6 the tohl amouot carocd by th€ Clalomt for Iabor, materials or rquipment furnished 6 ofdrc dste oflho Cleim; ,7 the tolal amount ofprcvious poymcnts recetvcd by thc Clalnant; aod .8 the btalonount due ond unpaid to the ClaiErd for labor, materials or cqulpmcnt fumlshed as ofthe dlt€ ofthe Cl6im. S 15.2 Claimant. A! individull o. entity havbg a dir€ct contract with the CoDhaclor or ryiti a rubcofltiactor ofthe Contraclor to fumish labor, hatdials or equipment for use in lhe perfonnaaca ofth€ Colstuciion Codract. Thc tem Clalnart also ilcludls .!y lndlvidual or cntity thrt hos lightirlly asserled a claim under an opplicablc occhanicb liea or similar ststut; agaiEt tbc rcal property upon rvhich the Prcject k located. ThE iDlEnt of0 s Bond sholl be to include without limitatioo in thc tcrms "ldor, materials or equipmetrt" th{t port ofwatcr, gas, ponar, ligftt, heat, oil, gasoline, telephone seivice or rrltal cquipocol used in the Co6tsuction cotrtacl schitecturdl and engine.dng services requted for lerforElelae ofth€ work ofthe Contractor and the Codractor's $rbcontractoB, and allother items fq Mich a mecb0nids licn may be aescned h thcjurisdlctioo vhcrc thc labor, matcrials or cquipmert wcr. fumishcd. S 16.3 Constructlon Contract, Th. agreement betweer orc Orvrter ond CorFaotor ideDtificd on &c cover page' itrcluding 0ll Codract Docuoe6ts asd all changes rD6de to the agr€€Dent ard lhe Conhact DocuocDts. s21 19/AS 8/1 0 Meridian City Council Meeting Agenda June 26, 2018 – Page 76 of 246 S 16.4 Owner Defaull. Failulc oftlE Oalrcr, which has dot been rcmcdd or waive4 to pay thc Contraclor as rcqulrcd ilndcr Oc Construcllon Contract or to pcrform atrd coEplete or comply witb dre otier molerial l,erms oflhc Conskuction Cont lct 5 I 6.5 Corlllact DocumenG, All the docuoeds that comprise the agrtcm.nt betwcen the Owner ard Contractor. S 17 lfthis Bord is issued for a! ag€emcd betweeo a Coobactor sod subcolkactor, lhe term Conhaclor in this Bond shall bc dccmcd to be Subcqtactor srd the term Owner shall be deemed to be Contmcto( $ 18 Modifications to this bord ere !s follows: (Space b yovlded bclov tot addtltondl tlgt oluet dsd<led Wriot, olhcr lhan lhote ag)earing on the cover Fge) CONTRACTOR AS PRINCIPAL SURETYCoopany: (CoryorateSeol) Co.npary:(Coryomtc S.al) Slgnatuc:Signaturc: Natne atd Titlel Addrqrs Natne and Titlc: Address 92149/AS 8/10 Meridian City Council Meeting Agenda June 26, 2018 – Page 77 of 246 MrncrmNTF\ BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Preser s, that iTERCHANTS BONDING COIVPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC., both being corporations ofthe State of lowa (herein collectively called the 'Companies") do hereby make, constitute and appoint, indavidually, DeRay Perry; Jordan S Smith; Karl F Baughman; Lynn Hawley; Raymond L Wolfe; Sally Perry; Spenc€r T l\4onk; Staci Matheson; Tina L Cooper; Todd R tvlary; Traci Mcclure; Zachary A Dehne their lrue and lawful Atlorney(s)-in-Fact, to sign its name as surely(ies) and to execute, seal and acknowledge any and all bonds, undertakings, conkacls and other writlen instrumenls in lhe nature thereof, on behalf of the Companies in theh business o, guaranleeing the fidelity ofpersons, guaranleeing lhe performance of contracls and executing or Ouaranleeing bonds and undedakings required or permitled in any aclions or proceedings allowed by law. This Power-of-Atlomey is granted and is signed and sealed by facsimile under and by authority of the following 8y-Laws adopted by lhe Board ol Direclors of lvlerchants Bonding Company ([4utual) on April 23. 2011 and amended August 14,2015 and adopted by lhe Board of Directors oI lvlerchantsNalional Bonding, lnc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assislant Secrelary or any Vice President shall have power and aulhorily to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic lransmission lo any Power of Attomey or Certifcalion lhereof authorizing the execulion and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signalure and sealwhen so used shallhave the same force and effect as though manually fixed." ln conneclion with obligations in favor of the Floida Departmenl ot Transportalion only, it is agreed that lhe power and aut hority hereby given to the Attomey-in-Fact includes any and all consents ,or the release of retained percenlages and/or fnal estimates on engineering and construclion conkacls required by the State of Florida Department of Transportalion. lt is tully understood lhat consenting lo the State ofFlorida Department of Transporlation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under ils bond. ln connection with obligations in favor ol lhe Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Facl cannot be modifed or revoked unless prior writlen personal notice of such inlent has been given lo lhe Commissioner- Deparlmenl of Highways of the Commonwealth of Kentucky at least thirty (30) days priorto lhe modifcation or revocation. ln \Mtness Whereof, the Companies have caused lhis instrumenl to be signed and sealed thas 5th day of April . 2017 ,$*,3I#i;.,. l'i-,'Y -"- ?'r'gl:<:-:.-o,.. 2003 ,..o.! srArEoFrowA 't::*':.i.,f COUNTY OF DALLAS ss. 't!Sto;otfeif.* " E;=i'.r':. 1933 ..e-.. '::1r*.rr.-1-.):' MERCHANTS BONDING COMPANY (MUTUAL) MERCHATS NATTONAL BONDTNG. rNC. 'y'3""'fu On lhis this sth day of April 2017 , before me appeared Larry Taylor, lo me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC.; and lhat the seals affxed to the foregoing instrumenl are the Corporate Seals of the Companies; and that the said instrumenl was signed and sealed in behalf of the Companies by authority oftheir respeclive Boards of Directors. fxl'ffi' AUCIA K. GRAII Commission Number 767430 li,ly Commission Expires April 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this inslrument) l, Wlliam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) ard MERCHANTS NATIONAL BONDING, lNC., do hereby certify that lhe above and foregoing is a lrue and conect copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full torc€ and etlecl and has not been amended or revoked. ln Witness Vvhereof, lhave hereunto set my hand and affixed the sealofhe Companies on this 11th day of June ,2018 Ot'^- K- e.J.-- ZZr.z.--,- 4Z*4 POA 0018 (3/17) f.},tti., €i'o'i 2oo3 ..':fi ir:. 1e3i 't*: jris'r1:1; 3, . .p:):' Secrctary Meridian City Council Meeting Agenda June 26, 2018 – Page 78 of 246 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD JWISE Zach Dehne 06/20/2018 AMEELEC-01 A Z89475 A Z89475 B UB8J245786 A Z89475 A Z89475 Prod/Comp Ops 1,000,000 1,000,000 1,000,000 0 5,000,000 5,000,000 5,000,000 3,000,000 1,000,000 3,000,000 10,000 500,000 1,000,000 1,000,000 X X X X X X X X A Z89475 01/01/2018 01/01/2019 01/01/2018 01/01/2019 01/01/2018 01/01/2019 01/01/2018 01/01/2019 01/01/2018 01/01/2019 01/01/2018 01/01/2019 City of Meridian and all elected officials, officers, employees, agents and volunteers are named additional insureds on a primary/non-contributory basis, waiver of subrogation applies, per forms CB7191 05/13, CB7242 05/13, CB7268 08/15, CA7214 10/98, CA7241 03/03 & WC000313. (provided). The Hartwell CorporationPO Box 400Caldwell, ID 83606 (208) 454-1114(208) 459-1678 City of Meridian 33 East Broadway Ave Suite 106 Meridian, ID 83642 AME Electric, Inc. 3621 Arthur Street Caldwell, ID 83605 Acuity Charter Oak Fire Insurance Co 14184 25615 X X zach@thehartwellcorp.com X X X Blanket Deductible 250,000 500 Rented Tools/Equip Rented Tools/Equip Meridian City Council Meeting Agenda June 26, 2018 – Page 79 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 80 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 81 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 82 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 83 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 84 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 85 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 86 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 87 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 88 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 89 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 90 of 246 Meridian City Council Meeting Agenda June 26, 2018 – Page 91 of 246