HomeMy WebLinkAboutPost Drilling, Inc - Well Drilling for Well #33 Project 100015.BTHIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 17'h day
of July, 20'18, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of ldaho, hereinafter referred to as
"C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Post Drillinq, lnc.,
hereinafter referred to as "CONTRACTOR', whose business address is PO Box 5BB.
Weiser lD 83672 and whose Public Works Contractor License # is 013426-CC-4.
INTRODUCTION
Whereas, the City has a need for services involving well drillinq; 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.
1.3 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
represents and warrants that it will perform its work in accordance with generally
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Project'10015.B
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
WELL 33 TEST WELL - CONSTRUCTION
PROJECT # 10001s.B
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. 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 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.
Meridian City Council Meeting Agenda July 17, 2018 – Page 183 of 367
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work perlormed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $344.990.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval bythe City. The Citywill notwithhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
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Project 10015.8
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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.
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3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 120 (one hundred twenty)
calendar days f rom Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $500.00 (tive hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu ot
any claim or damage because of such delay and not be construed as a penalty.
5. Termination:
5.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulf 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 at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the Clry may withhold any payments to
WELL 33 TEST WELL - CONSTRUCTION page 3 of 14
Project 10015.8
Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred
f ifty) calendar days to complete the work as described herein. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $500.00
(five hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
Meridian City Council Meeting Agenda July 17, 2018 – Page 185 of 367
CONTRACTOR for the purposes of set-otf until such time as the exact amount o,
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. 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 of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in f ulfillment of 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 of ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only 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 otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected off icials, off icers, employees, agents, and volunteers lrom and for any and
all losses, claims, actions, ludgments for damages, or injury to persons or property
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Project 10015.8
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and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain. and soecificallv
aorees tha it will maintain. throuohout the term of this Aoreement. liabilitvt
insurance. in which t he CITY shall be named an additional ins ured in the minimum
amou nts as follow : General Liability One Million Dollars ($1 ,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1 ,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 from , or in connection with the
performance of this Agreement by the Contractor or Contractor's otficers, 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 performance of it's
obligations under this Agreement. In the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
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.
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Project 10015.8
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9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
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, officials,
employees and volunteers. Any insurance or seltinsurance maintained by the City
or the City's elected officers, off icials, 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.
Meridian City Council Meeting Agenda July 17, 2018 – Page 187 of 367
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
'10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof , and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works 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 furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of ldaho with a Best's rating of no less than A-. ln the event that the
contract is subsequently terminated for failure to perform, the contractor and/or
surety will be liable and assessed for any and all costs for the re-procurement of the
contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years 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 of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
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Project '10015.8
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Meridian City Council Meeting Agenda July 17, 2018 – Page 188 of 367
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 contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. MeridianStormwaterSpecifications:
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and 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.
'I 7.2 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.
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Project 1001 5.8
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AII construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City ot
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http ://www.meridiancity.oro/environmental.aspx?id=1 36'l 8.
Meridian City Council Meeting Agenda July 17, 2018 – Page 189 of 367
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 for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use o, 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 otheMise 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 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 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 performing 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 ninety{ive percent (95%) bona fide ldaho residents.
22. Advice ol 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 of competent jurisdiction. This provision shall be deemed to be a separate
WELL 33 TEST WELL - CONSTRUCTION page 8 of 14
Projecl 10015.8
Meridian City Council Meeting Agenda July 17, 2018 – Page 190 of 367
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
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Proiect '100'15.8
page 9 of 14
Meridian City Council Meeting Agenda July 17, 2018 – Page 191 of 367
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
POST DRILLING, INC.
Purchasing Manager
Attn: Sherry Young
33 E Broadway Ave
PO Box 588
Meridian, ID 83642
Weiser, ID 83672
208-489-0417
Phone: 208-585-3411
Email: office@postdrilling.com
Idaho Public Works License #013426 -CC -4
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN POST DRILLING, INC.
r
BY: BY: ''
TAMMY de D, MAY
Dated: -7/ / / Al K
WELL 33 TEST WELL - CONSTRUCTION
Project 10015.6
Dated:
page 10 of 14
80. ED AU:Z Z GUST
—
Approved by Council:
�w
� p � 01y or
C.�VI E IDIAN*,--
IDAHO
Attest: r Z� SEAL
�v
C.JAY C LES, C T(CLER 2rFRotthe TRSPS01 4
Purchasing A proval
BY:
KEITH 14 #TTS, Purchasing Manager
Dated:: -7ZI 3 Z1,8
Project Manager
Garrick Nelson
WELL 33 TEST WELL - CONSTRUCTION
Project 10015.B
Department A/p/pr al
BY: G,
;� �,r
fl \-t)c 1K o t, -
Dated::
' Dated::
page 11 of 14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW.1845.10015.8
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvatataon to Bid Package # PW-1845-10015.B, 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 (SPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Proposed General Course of Events (1 of page)a
TECHNICAL SPECIFICATIONS by Hydrologic, lnc. dated
413012018 (22 of pases)
a
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Project 10015.8
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Meridian City Council Meeting Agenda July 17, 2018 – Page 194 of 367
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$344,990.00.
Milestone 1 Substantial Completion 120 Days from Notice to Proceed
Milestone 2 Final Completion 150 Days from Notice to Proceed
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
Well 22 Test Well Construction per IFB PW-1845-1001 5.B
NOT TO EXCEED CONTRACT TOTAL $3!14.990J0
is a not to exceed amounl. Line item pricing below will be used tor invoice vodlication and any
additional increases or decreases in work requested by city. The City will pay the conlractor based on
uantities of each item ot work in accordance with the contract documenls.
Contract
actual
Item No.Description Ouantity Unit Unit Price
1 MOBILIZATION 1 LS s3O,OOO
2
SURFACE SEAL, DRILLING, CASING,
ANNULAR SEAL, ANO TEMPORARY PILOT
BORE CASING
60 LF s18,000.00
3 93/4 -INCH DRILLING 1290 LF S12e,ooo.oo
s4s,4s0.001290 LF
5 2-INCH PVC WELL CASING 6570 LF s39,420.00
6 2-INCH PVC WELL SCREEN 240 LF S1,92o.oo
7 SAND FILTER 10 Cu.
Yard Slo,ooo.oo
8 CEMENT/BENTONITE GFIOUT SEAL Cu.
Yard s6,200.0o
I CE|\ilENT GROUT SEAL 2.5 Cu.
Yard s2,s00.00
10 40 Hour s14,000.00
11 24 Hour s8,400.00
12 OWNER REQUESTED SITE WORK without
RIG 24 Hour S6,ooo.oo
EROSION and SEDIMENT CONTROL PLAN and
IMPLEMENTATION 1 LS ss,000.00
15 DRILLING FLUID WEIGHTING AGENT 24,000 LB s14,4OO.OO
page 13 of 14
MILESTONE DATES/SCHEDULE
PRICING SCHEDULE
Contract Pricing Schedule
14 '157r -INCH REAMING
6.2
WELL OEVELOPMENT
OWNER REQUESTED SITE WORK with RIG
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Proiect 10015.8
Meridian City Council Meeting Agenda July 17, 2018 – Page 195 of 367
16 WEIGHTING AGENT
TBANSPORT/RESTOCK
24,000 LS
ss,000.oo
17 %"-MINUS GRAVEL BACKFILL 20 Cu.
Yard s10,000.00
WELL 33 TEST WELL . CONSTRUCTION
Project 10015.8
page 14 ol 14
Meridian City Council Meeting Agenda July 17, 2018 – Page 196 of 367
AC()t<Lf CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBERTlS/19COVERAGES REVISION NUMBER
7 / 9 /20].8
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS 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).
Post Insurance Services.
2717 W. Bannock St.
P. O. Box 8447
Boise ID
INSUREO
Post DrilliDg Inc.
PO Box 588
Inc.
43707
wei ser
fi!|[lcr u-ysnia eanrre
fJ3,n"i",.",, (208 ) 33 6-s60o
i-mEss. aganbleGpostins . com
INSURER(S) AFFOROING COVERAGE
rlsuRERA 4cuj.ty7 A Mutual Insurance
rNsuRER a:Idaho Stat€ Insuranc6 Fund
INSURER C:
INSURERD i
INSURERE:
INSI'RER F:
(203) 344-0651
Company 14184
36729
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED AELOW HAVE BEEN ISSUEO TO THE INSUREO NAMED AAOVE FOR THE POLICY PERIOD
INDICATEO NOTWTHSIANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W|TH RESPECT TO t^+lICH THIS
CERTIFICATE I/AY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUEJECT TO ALL THE TERIUS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LII\,IITS SHOWN IT,{AY HAVE BEEN REOUCED BY PAID CLAIi,ISINSR AOOI. SUBR POLICY EFF POLICY EXPLiR IYPE OF INSI RANCE rnio wvo pOLrCy NUMEER lMM/oo/yyyyt tMM/Do/yyyyt LIMITS
X COMMERCIAL GENERAL LIABILITY
CLA]MS.MAOE X OCCUR
x cG?301, cG719{
EACI] OCCURRENCE
DAMAGE TO RENTEO
PREMISES (Ea o@ir6nc.)
MEO EXP (A^y oe psson)
s 1, 000 ,000
250,000
10,000
1, 000 , 000
3, 000 , 000
3,000, 000
s
x41632 1/t/2OtA 1/t /2Ot9 s
GEN'L AGGREGATE LIMIT APPLIES PER
x porrcv X !l& x Loc
OTHER
PERSONAL A ADV INJURY
GENERAT AGGREGATE
PROOUCTS - COMP/OP AGG
$
$
$
AUIOMOAILE LIABILITY COMBINED SINGLE LIMII
BOOILY 1NJURY (Pd pers6)
S 1 , 000 ,000
S
SCHEOULEO
AUIOS
NON-OIlNEO
AUTOS
x47632 7/L/2OlA ?/1/2019 BOoTLY INJURY (Pe.acod€nl) $
x PROPERTY OAMAGE S
Und.nnsured motonsl Br sprd $1 , 000 ,000
UMBRELLA L|AB occuR
X EXCESSLIAA X CL TMS,MAOE
oEo X RETENToN $ o
EACH OCCURRENCE
AGGREGATE
s 2 , 000 ,000
2, 000 ,0005
x47632 1/)./2ata 1/t/20:.9 5
WORKERS COMPENSATION
ANO EM PLOYERS' LIABILITY
ANY PROPR EIOR/PARTNER/EXECUT VE
OFFCERfuIEMBER EXCLUOEO'
DESCRIPT ON OF OP€RATloNs belM
- PER - OTH.
^ STATUTE ^ ER
E L EACH ACCIOENT
-S
E L OISEASE . EA EMPLOYEE $
E L DISEASE - POLICY LIMIT $
11 000,000
1, 000 , 000
1,000,000
B 636813 1/1/207A 7 /t/2Oa9
OESCRIPIION OF OPERATIONS / LOCAIIONS / VEHIC LES IACORD 1ol. Addrion.l R.m.rt! Sch.dule, m.y b..lt..h.d rlmorc tp.c.l...qulr.d)Project: W€1l 33 Teset WeII - Construction
CERTIFICATE HOLDER CANCELLATION
(208) 8 87 -4 813
City of Meridian
33 E. Bloadway Ave.
Suite 106
Meridlan, ID A3642
SHOULO ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOIICE wlLL BE DELIVERED IN
ACCORDANCE wlTH THE POLICY PROVISIONS.
AUTHOR]ZEO REPRESENTATIVE
Alyshia Gamble/Al,
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014i 0,t )
lNS025 (2o1aoi l
The ACORD name and logo are registered marks of ACORD
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO OR ALTER TI.IE COVERAGE AFFOROEO BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER.
rD 83 6?2
ALL O!M!ED
AUIOS
X xrnEo aulos
X ca7214,ca7247
A b -Aa)1 t-.- -
hlMeridian City Council Meeting Agenda July 17, 2018 – Page 197 of 367
@
l'ost Iflsurance Services, Inc
P.O. Box 893
Mddian. ID. 83680
Swiss Re
Corporate Solutions
Bond # 2273552
This document has important legal
consequences Consultation wilh an
anorney is encouraged with respect to its
completion or modification
PERFORMANCE BOND
CONTRACTOR:
(Nane, lesal stat,l and address)
l'ost Drilling, lnc.
l'.O. Box 588
Weiser, Inc. 83672
OWNER:
ltane. legal statu: and addrcss)
Citv of Nleridim/l'urchasing DePt.
33 U Broadvay ]\ve Ste. 106
i{eridian,lD. 83642
CONSTRUCTION CONTRACT
Date.July 5,2018
411esn1. 534,1,990.00
Desaription:
(Nane and location)
well 33 Tcst well Construcoon
BOND
P61s; Jul,v 9, 2018
(Not ea ier than Construction Contracl Date)
dmsunll S344,990.00
Modifications to this Bond
SURETY:
North American Specialty lnsurance Company
1450 American Lane. Suite I100
Schaumburg, IL 60173
This documenl combines two separate
bonds, a Performance Bond and a Payment
Bond, into one form. This is not a single
combined Performance and Payment
Bond
CONTPACTOR AS PRINCIPAL (Corporate Seal)
Company: l'osr Dfllli,g' Idc'
-.Sign:lt..re:
Name gt{€ets!
*C'ri,r", V'cCe PeeS,oeN'i--
See Section 16
SURETY (Corporate Seal)
Company: North American Specialty lnsurance Company
one
Signature:
Name
and Title:
ary J aq
(Any additional signatures appear on lhe last page ofthis Performance Bond.)
(FOR INFOR\,'IATION ONLY Name, address and telephone)
AGENT or BROKER:OWNER'S REPRESENTATIVE
(Architect, Ehgheet or other pa r:)
N/r\
This Docunent conforns to the AIA Docunent A3l21Lt - 20t0
A+
tr
Any singular reference lo Contractor,
Surely, Owner or other party shall be
considered plural where applicable.
Meridian City Council Meeting Agenda July 17, 2018 – Page 198 of 367
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administmtors, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by
reference.
If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this bond, except when applicable to participate in a conference as provided in Section 3.
lfthere is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.l the Owner first provides notice to the Contractor and the Surery that the Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the
Owner, Contractor and Surety to disauss the Contractor's performance, If the Owner does not request a
conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a
conference. lf the Surety timely requests a conference, the Owner shall anend. Unless the Owner agrees
otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the
Surety's receipt ofthe OwneCs notice. If the Owner, the Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, ifany, subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4. Failure on the part 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 of Section 3, the Surety shall promptly and at the Surety's expense
take one ofthe following actions:
5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction
Contract;
5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors:
5.3 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 concurrgnce, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,
and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the
Contract Price inaurred by the Owner as a result ofthe Contractor Default; or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new oontractor and with
reasonable promptness under the circumstances:
.l After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notiry the Owner, citing the reasons for denial.
6. Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional wrinen notice fiom the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. lf the Surety proceeds as provided in Section 5.4, and the Owner refuses the
payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to
enforce any remedy available to the Owner.
2Thts Document conforns o the AIA Document A3l2^t- 2010
Meridian City Council Meeting Agenda July 17, 2018 – Page 200 of 367
1 lfthe Surety elects to act under Seation 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not
be greater than those ofthe Contractor under the Construction Contract, and the responsibilities ofthe Owner to the
Surety shall not be greater than those ofthe Owner under the Construction Contract. Subject to the commitment by
the Owner to pay the Balance ofthe Contract Price, the Surety is obligated, without duplication, for
.l the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal, design professional and delay costs resulting ftom the Contractor's Default, and resulting
from the actions or failure to act ofthe Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages
caused by delayed performance or non-performance ofthe 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 off on account ofany such
unrelated obligations. No right ofaction shall accrue on this Bond to any person or entity other than the Owner or
its heirs, executors, administators, successors and assigns.
10. The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
I I . 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 ofthe work is located and shall be instituted within two years after a declaration
ofContractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction ofthe suit shall be applicable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which their signature appears.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
14. Definitions
l4.l Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made, including allowance to the Contractor of
any amounts received or to be received by the Owner in settlement of insurance or other claims for damages
to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
14.2 Construction Cortract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or
otherwise to comply with a material term ofthe Construction Contraat.
14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms
of the Construction Contract.
14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
15. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Thi s Docune n t c o nfo.ms to the A I A D oc ume nt A 3 l 2^t 2 0 1 0
Meridian City Council Meeting Agenda July 17, 2018 – Page 201 of 367
16. Modifications to this bond are as follows
(Space is ptotided below for add ional signattes ofadded Wrties. other than those appeanngon the co|er page.)
CONTRACTOR AS PRTNCIPAL (Corporate Seal) SURETY
Company: Company:
Signature Signature
(Corporate Seal)
Name and Title
Address
Name and Title:
Address
This Document co{oms to the AIA DocumentASl2nt- 2010 1
Meridian City Council Meeting Agenda July 17, 2018 – Page 202 of 367
@ Swiss Re
Corporate Solutions
PAYMENT BOND
Bond # 2273552
SURETY:
North American Specialty lnsurance Company
1450 American Lane. Suite I 100
Schaumburg, IL 60173
This document has important legal
consequenc€s Consultation wlth an
anomey rs encourag€d with resp€ct lo
its complenon or modification
Any srngular reference lo Contmctor,
Surety, O\rner or other patty shall b€
consrdered plural where applicable.
This document combines two separate
bonds- a Performance Bond and a
Payment Bond, into one form. This is
not a single combined Performance
and Payment Bond.
SURETY (CorPotate Seal)
Company: North American Specialty lnsurance Company
Signature
Name }hn Jaqurcr
and Title. .\ttomc! ln'l'rcr
OWNER'S REPRESENTATIVE:
(Archltect. Engineer ot othet pa y:)
N/,\
CONTRACTOR:
(None.legal status and dddress)
l'ost I)rilling, Inc.
l'.O. Box 588
Weiscr. lnc. 83672
OWNER:
(Na e. legal status and oddrcss)
Oig of N{cndian/l'urchasing DePt.
33 ll Broxdwrv -\vc Ste. 106
iucridian.lD. 836'12
CONSTRUCTION CONTRACT
P36; J uly 5,2018
4,,'oun1. $344,990.00
Description:
(Nane and location)
Wcll33'l cst Wcll (lonstruction
BOND
Date : J ulr 9,2018
(Not earlier than Construction Contract Dote)
Amount. 53#,990 0t)
Modifications to this Bond [}Non" I See Section 18
CONTTTACTOR AS PRINCIPAL (Corporate Seal)
ComPanY: l'ost l)rilliog' Inc'.-\
: \:: --?- 1\
}J
-5gnarure:
Naie 5 d €.znl
ao<l l itle : ylur g ?a est o eat-l-
(Any additional signatures appear on the last Page of this Payment Bond.)
(FOR INFORMATION ONLY Name, address and telephone)
AGENT or BROKER:
l\,st Insurance Scrvices, Inc
l).O. Box 893
Nlcridian, ll). 83680
This Docunent conJonns ro the AIA Docunent A3 t2^t- 20t0 5
hY
Meridian City Council Meeting Agenda July 17, 2018 – Page 203 of 367
'
I . The contractor and surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms'
2. If the contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds
harmless the owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construetion Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
3. lfthere is no Owner Default under the Construation Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section
13) of claims, demands, liens or suits against the owner or the owner's property by any person or entity seeking
payment for labor, matedals or equipment fumished for use in the performance of the Construction Contract and
tendered defense ofsuch claims, demands, liens or suits to the Contractor and the Surety'
4. When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the owner against a 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,
.l have fumished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, fumished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last fumished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section l3).
5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section l3).
6. lf a notice of non-payment required by section 5.1 .I is given by the Owner to the Contractor, that is sufficient to
satis! a Claimant's obligation to fumish a wrinen notice ofnon-payment under Section 5.1 .l .
7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt ofthe Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
7.2 Pay or arrange for payment ofany undisputed amounts.
7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to
undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails
to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnifo the Claimant for the
reasonable attomey's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the
Claimant.
8. The Surety's total obligation shall not exceed the amount ofthis Bond, plus the amount ofreasonable attomey's fees
provided under Section 7.3, and the amount of this Bond shall be credited for any paymenls made in good faith by
the Surety.
9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, ifany, under any construction performance bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance
of the Construction Contraat are dedicated to satisry obligations of the Contractor and Surety under this Bond,
subject to the Owner's priority to use the funds for the completion ofthe work.
10. The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for the payment ofany costs or expenses ofany Claimant
under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of,
Claimants or otherwise have any obligations to Claimants under this Bond.
6This Docunent conlorns to the AIA Docunent A I I 2^t 20 I 0
Meridian City Council Meeting Agenda July 17, 2018 – Page 205 of 367
i 1 . The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orderc and other obligations.
12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction
in the state in which the project that is the subject of the Construction Contract is located or after the expiration of
one year from the date (1) on which the claimant sent a claim to the surety pursuant to section 5.1.2 or 5.2, or (2)
on which the last labor or service was performed by anyone or the last materials or equipment were furnished by
anyone under the construction contract, whichever of(l) or (2) first occurs. Ifthe provisions ofthis Paragraph are
void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
rhe suit shall be applicable.
13. Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on
the page on which their signature appears. Actual receipt of notice or claims, however accomplished, shall be
sufficient compliance as ofthe date received
14. When this Bond has been fumished to comply with a statulory 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 fumished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
15. upon rcquest by any person or entity appearing to be a potential beneficiary of this Bond, the contractor and owner
shall promptly fumish a copy ofthis Bond or shall permit a copy to be made.
16. Deliritions
l6.l Claim. A written statement by the Claimant including at a minimum:
.l the name ofthe Claimant;
.2 the name ofthe person for whom the labor was done, or materials or equipment fumished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
fumished for use in the performance ofthe Construction Contract;
.4 a briefdescription ofthe labor, materials or equipment fumished;
.5 the date on which the Claimant last performed labor or last fumished materials or equipment for use in
the performance ofthe Construction Contracti
.6 the total amount eamed by the Claimant for labor, materials or equipment fumished as ofthe date ofthe
Claim;
.7 the total amount ofprevious payments received by the Claimant: and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment fumished as of the
date ofthe Claim.
16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontraclor ofthe
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.
The term Claimant also includes any individual or entity that has rightfully asserted a claim under an
applicable mechanic's lien or similar statute against the real property upon which the Project is located. The
intent ofthis Bond shall be to include without limitation in the terms "labor, materials or equipment" that part
ofwater, gas, power, light, heat, oil, gasoline, telcphone service or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work ofthe Contractor and
the Contractor's subgontractors, and all other items for which a mechanic's lien may be assened in the
jurisdiction where the labor, materials or equipment were fumished.
16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Doauments and all changes made to the agreement and the Contract Documents.
16.4 Owner Default. Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms
of the Construction Contract.
16.5 Contract Documents. All the doauments that comprise the agreement between the Owner and Contractor.
Thi s Docume nt conforns to the A tA Docunent A 3 I 21t | 20 I 0 I
Meridian City Council Meeting Agenda July 17, 2018 – Page 206 of 367
17. lf this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
18. Modifications to this bond are as follows:
6pace is prowded below lot additional signatures of added porties, othet than those appearing on the coyer page-)
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
Address
(Corporate Seal) SURETY
Company:
Signature:
Name and Title:
Address:
This Document conforns to the AtA Document A 3 I 21tt 20 I 0 I
Meridian City Council Meeting Agenda July 17, 2018 – Page 207 of 367
SWISS RE CORPORATE SOLUTTONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty lnsurance Company, a corporat,on duly organized and existing under
laws ofthe State ofNew Hampshire, and having its principal office in the City ofOverland Park, Kansas, and Washingtoninternational Insurance
Company, a corporation organized and existing under the laws ofthe Srate ofNew Hampshire and having its principaioffice in the City ofOverland
Park. Kansas. each does hereby make, constitute and appoint:
TERRY S. ROBB, WILLIAM F, POST , ANd MARY JAQUIER
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its act and deed, bonds or other writinBs
obliSatory in the nature ofa bond on behallofeach ofsaid Companies! as suretyi on contracts ofsuretyship as are or may be required or permined by
law, regulation, contract or oth€rwise, provided that no bond or undertaking or contract or suretyship executed under thi; authority shall exceed the
amount ofl pIFTy MILLIoN ($50,000,000.00) DoLLARS
This Power of Attomey is granted and is signed by lacsimile under and by the authority ofthe following Resolutions adopted by the Boards of
Directors ofborh Nonh American SpecialD lnsuraDce Company and washington International Insurance Co-mpany at meetings duly called and held
on the 9'h of Mav 2012'
. -"RESOLV;D,
that any two ofthe Presidents, any Managing Dircctor, any Senior vice President, any vice president, any Assistant vice president-
the Secretary or any Assistant Secretary be, and each or any ofthem hereby is authorized to execute a Power ofAftomey qualifying the attorney named
in the given Power of Attomey to execute on behalf ofthe Company bonds, undertakings and all contracts ofsurety, and tirat each or any ofthem
hereby is authotized to attesl to the execution ofany such Power of Attomey and to attach therein the seal ofrhe Company; and it is
FURTHER RESOLVED, that th€ signature ofsuch officers and the seal ofthe Company may be affixed to any such power ofAttorney or to any
certificate relating thereto by lacsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall b€binding upon the Company when so aflixed and in the lulure with regard to any bond, underiaking or contract o=fsurety to which it is attached.,'
.":rit#riir4t2
:= gi sEAr- i 6 ?
2t7,,,,?,N
B]
sr.vcnP.Andciion,s.niorvi..Prcsidtnr orwlshirgron Inlcrnrionrt tnsurrn.c conprn!
& S€nior vi.. Prcsidenr ofNorlh Am$krn Specirtr,r Imurrncc Comprry
Bv
& S.niorVte PEsjd.ni ofNo'1h AnEi..nSp6i.lry tnsu,Tn.e Conp,ny
lN WITNESS WHEREOF, North American Specialty lnsurance Company and Washington International
omcial seals to be hereunto amxed, and these presents to be signed by their auihorized officsr51h;5 5TH 6xy
Insurance Company have cau
Of FEBRUARY
sed their
.2018.
North American Specialty lnsurance Company
Washington International lnsurance C(,mpany
State oflllinois
County ofCook
On this 5TH dav of FEBRUARY 20 | 8 , before me, a Notary Public personally appeared Steven p. Andercon , Senior Vice president ol.
Michael A. ltWashington International lDsurance Company and Senior Vice President ofNorth American Specialty lnsurance Company andSenior Vice President of washington International Insurance Company and senior vice president ofilorth Ameri"* sp"'"iuttyCompany, personally knourn to me. who being by me duly swom, ackno\rledged that they signed the above power oflittomeyacknowledged said instrument to be the voluntary act and deed ofiheir respective companies.
Insurance
as officers ofand
I, Jeflier Goldbere . the duly elected Assistant Secretarv ofNorth American Specialty Insurance Company and Washingtonlntemational Insurance company, do hereb)' certiry tlat ttre atove ana toregoing is a tlue and correct copy ofa power oiAttorney given by said No(hAmerican Specialty Insurance Company and washington Internationallnsuianci company, which is stiil in full lorce and etrect.
t\ -\
M } cnny, Nortrry Public
lN WITNESS WHEREOF, I have ser my hand and afllxed rhe seals of the Companies this Idayof July .20 18
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OTTICIAT 5TAI
Nohry P6lic . srilt Dl fii,n,nMi Coihnsion &pE
l.,frq coldbers, vrc. prcsidenr& Asssmr Sdr.iary otw.shinBro. lnrer@tional InsurM.. Conpm, & Nonh Aneri;e Sp& atr, lnsuro.c Conp y
SEAt
Meridian City Council Meeting Agenda July 17, 2018 – Page 208 of 367