HomeMy WebLinkAboutU.S. Water Services, Inc. Well 28 Water Treatment EquipementReceived.!l
July.31.'201811
U.S. Water,S€Mce5,.lnc.!l
AGREEMENT FOR THE SUPPLY OF
WELL 28 WATER TREATMENT FILTER EQUIPMENT
PROJECT #10641.8
THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made
this 24th day of Julv, 2018, and entered inlo by and between the City of lvleridian, 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 U.S.
Water Services, lnc., hereinafter referred to as "SUPPLIER", whose business address is
ADDRESS.
INTRODUCTION
WHEREAS, the SUPPLIER is specially trained, experienced and
competent to provide and has agreed to provide such equipment;
NOW, THEREFORE, in consideration o, the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Equipment / Supply Specifications & Requirements:
1.1 SUPPLIER shall supply the equipment, supplies and services to the
City upon execution of this Agreement and receipt of the City's written
notice to proceed, all items, and comply in all respects, as specified in the
Request for Proposals titled "Well 28 Water Treatment Equipment" and
suppliers proposal dated 6- 1 2-1 8, which by this reference are incorporated
herein, together with all addendums issued.
1.2 The SUPPLIER shall provide all equipment and services under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions and the UCC. The SUppLIER represents and warrants that itwill perform its work in accordance with generally accepted industry
standards and practices for the profession or professions that are used inperformance of this Agreement and that are in effect at the time of
performance of this Agreement.
Whereas, the City has a need for WELL WATER FILTRATION
EQUIPMENT ;and
Meridian City Council Meeting Agenda August 14, 2018 – Page 131 of 198
2. Consideration
2.1 The SUPPLIER shall be compensated on a Fixed Price basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof, for the Not-To-Exceed amount of
$460,062.00.
2.2 The SUPPLIER shall provide the City with a detailed invoice upon
delivery of all equipment and supplies, which the City will pay within 30
days of receipt ol a correct invoice and approval by the City Proiect
Manager. The City will not withhold any Federal or State income taxes or
Social Security Tax from any payment made by City to SUPPLIER under
the terms and conditions of this Agreement. Payment of all taxes and
other assessments on such sums is the sole responsibility of SUPPLIER.
2.3 Except as expressly provided in this Agreement, SUPPLIER 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,
SUPPLIER shall not be entitled by virtue of this Agreement to
consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, or
(b) unless sooner terminated as provided below or unless some other
method or time of termination is listed in Attachment A.
3.2 Should SUPPLIER 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 SUPPLIER.
3.3 Should City fail to pay SUPPLIER all or any part of the
compensation set forth in Attachment B of this Agreement on the date
due, SUPPLIER, at the SUPPLIER's option, may terminate this
Agreement if the lailure is not remedied by the City within thirty (30) days
f rom the date payment is due.
4. Termination:
lf, through any cause, SUPPLIER, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of
thls Agreement, falsifies any record or document required to be prepared
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Meridian City Council Meeting Agenda August 14, 2018 – Page 132 of 198
under this agreement, engages in fraud, dishonesty, or any other acl 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 SUPPLIER of such termination and specifying
the effective dale thereof at least fifteen (15) days before the effective date
of such termination.
Notwithstanding the above, SUPPLIER shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of
this Agreement by SUPPLIER, and the CITY may wilhhold any payments
to SUPPLIER for the purposes of seloff until such time as the exact
amount of damages due the CITY from SUPPLIER is determined. This
provision shall survive the termination of this agreement and shall not
relieve SUPPLIER of its liability to the CITY for damages.
5. lndependentSUPPLlER:
5.1 ln all matters pertaining to this agreement, SUPPLIER shall be
acting as an independent SUPPLIER, and neither SUPPLIER nor any
officer, employee or agent of SUPPLIER will be deemed an employee of
CITY. Except as expressly provided in Attachment A, SUPPLIER 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.
5.2 SUPPLIER, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves
as independent SUPPLIERS and not as employees of the City.
5.3 SUPPLIER shall determine the method, details and means of
performing the work and services to be provided by SUPPLIER under this
Agreement. SUPPLIER shall be responsible to City only for the
requiremenls 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 SUPPLIER in
fulfillment of this Agreement. lf in the performance of this Agreemenl any
third persons are employed by SUPPLIER, such persons shall be entirely
and exclusively under the direction and supervision and control of the
SUPPLIER.
6. lndemnification and lnsurance:
a. SUPPLIER shall indemnify and save and hold harmless ClTy from
and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
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Meridian City Council Meeting Agenda August 14, 2018 – Page 133 of 198
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
SUPPLIER, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct
of CITY or its employees. SUPPLIER shall maintain, and specifically
agrees that it will mainlain, throughout the term ol this Agreement, liability
insurance, in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars
($1 ,000,000) per incident or occurrence, Professional 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
covenanls to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein
provided, SUPPLIER 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 Agreemenl by the
SUPPLIER or SUPPLIER's officers, employs, agents, representatives or
sub-SUPPLIERS and resulting in or attributable to personal injury, death,
or damage or destruction to tangible or intangible property, including use
of. SUPPLIER shall provide CITY with a Certificate of lnsurance, or other
proof of insurance evidencing SUPPLIER'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 SUPPLIER begins
peformance of it's obligations under this Agreement. ln the event the
insurance minimums are changed, SUPPLIER 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.
6.2 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 SUPPLIER shall provide a bond,
cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, SUPPLIER's
lnsurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City or the City's elected officers,
officials, employees and volunteers shall be excess of the SUPPLIER's
insurance and shall not contribute with SUPPLIER's insurance except as
to the extent of City's negligence.
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Meridian City Council Meeting Agenda August 14, 2018 – Page 134 of 198
b. The SUPPLIER'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.
6.4 All insurance coverages for Suppliers subs shall be subject to all of
lhe insurance and indemnity requirements stated herein.
6.5 The limits of insurance described herein shall not limit the liability of
the Supplier and Supplier's agents, representalives, employees or
subcontractors.
6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required.
Warranty: ln addition to any warranty required in the specifications, all
equipment, coatings, valves, controls, and other components provided
under this agreement shall be guaranteed for two (2) years against
defects in workmanship and materials f rom the notice of acceptance.
8
o
U.S. Water Services, lnc
Attn: Rvan Godf rev , VP of Operations
12270 43d St. NE
St. Michael, MN 55376
Ph. 763-553-0379
e-mail: aschneider@ uswaterservices.com
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.
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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 of Meridian
Purchasing Manager
33 E. Broadway Avenue
Meridian, ldaho 83642
Ph. (208) 489-0417
Email: kwatts@meridiancitv.oro
Meridian City Council Meeting Agenda August 14, 2018 – Page 135 of 198
o
Time is ol the Essence: The parties hereto acknowledge and agree that
time is slrictly of the essence with respect to each and every term,
condition and provision hereof, and that the failure to timely perform any ol
the obligations hereunder shall constitute a breach of, and a default under,
this Agreement by the party so failing to perform.
Assignment: lt is expressly agreed and understood by the parties hereto,
that SUPPLIER shall not have the right to assign, transfer, hypothecate or
sell any ol its rights under this Agreement except upon the prior express
written consent of CITY.
10.
11.
12.Discrimination Prohibited: ln performing the Work required herein,
SUPPLIER shall not unlavrfully discriminate in violation of any federal,
state or local law, rule or regulalion against any person on the basis of
race, color, religion, sex, national origin or ancestry, age or disability.
13. Beports and lnformation:
13.1 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.
13.2 SUPPLIER 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 ol communication or
represenlation including letters, words, pictures, sounds or symbols or any
combination thereof.
14.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 SUPPLIER'S records with respect to all
matters covered by this Agreement. SUPPLIER 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.
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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 contracl
between the parties and shall survive any default, termination or fodeiture
of this Agreement.
Meridian City Council Meeting Agenda August 14, 2018 – Page 136 of 198
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2.7
Publication, Reproduction and Use ol 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 othenrvise use, in whole or in
part, any reports, data or other malerials prepared under this Agreement.
Compliance with Laws: ln performing the scope of work required
hereunder, SUPPLIER shall comply with all applicable laws, ordinances,
and codes of Federal, State, and local governments.
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 SUPPLIEB'S compensation, which
are mutually agreed upon by and between the CITY and SUPPLIER, shall
be incorporated in written amendments which shall be executed with the
same formalities as this Agreement.
Construction and Severability: 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.
Waiver of Default: Waiver of default by either party to this Agreement
shall not be deemed to be waiver ol 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
modif ied as provided above.
Advice of Attorney: Each party warrants and represents that in
executing this Agreement. lt has received independent legal advice from
its altorney's or the opportunity to seek such advice.
Entire Agreement: This Agreemenl contains the entire agreement of the
parties and supersedes any and all other agreemenls or understandings,
oral of written, whether previous to the execution hereof or
contemporaneous herewith.
Order of Precedence: The order or precedence shall be the contract
agreement, the lnvitation for Bid document, then the winning bidders
submitted bid document.
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.
Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
24.
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Meridian City Council Meeting Agenda August 14, 2018 – Page 137 of 198
CITY OF MERIDIAN
/
Will , •• '
w
Approved by City Council:
Attest:
Ua
DA
SUPPLIER
BY: Nathan Bach, VP of Engineering & Equipment
Dated: _
('11Y ofo Approved as to Form
C OLES, ITY CLERK ElkDIAN - CITY ATTORNEY
IDAHO
�0 SEAL
Purchasing Department Approvalthe TRE As��`,Pv Public rks Depa a Approval
BY: / BY:
Keith atts, Purchasing Manager Warren Stewart, it
Engineer
Dated: S/ ?/ / 8
Project Manager
Brent Blake
Dated: (�'-SS - I,g/
8 of 10
Attachment A
SCOPE OF WORK
REFER TO REQUEST FOR PROPOSALS PW-1836.10641.8, ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the Request for Proposals Package #PW-
1836-106418, and written proposal by SUPPLIER dated DATE are by this reference
made a part hereof .
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Meridian City Council Meeting Agenda August 14, 2018 – Page 139 of 198
Attachment B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$460,062.00.
TASK DESCRIPTION
DATE
(Dependent on
council Approval)
PAYMENT
A Written Approval of Drawings (r/- 5 days) 20%90 Days lrom
Notice of Award $92,012.40
B Receipt ol Equipment (+/- 30 days) 60%
Between 280
and 420 days
from Notice of
Award
$276,037.20
Acceptance ol lnstallation (+l 30 days) '10%
Between 420
and 480 days
from notice ot
Award
$46,006.20
D Final Acceptance of project (+l 30 days) 10%
Between 450
and 510 days
from notice of
Award
$46,006.20
CONTRACT TOTAL $400-002-00
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MILESTONE DATES/PRICING SCHEDULE
Meridian City Council Meeting Agenda August 14, 2018 – Page 140 of 198
RLI'RLI lnsurance Company
P.O. Box 3967 Peoria. lL 61612-3967
Phone: 309692-1000 Fax 309-683-1510
Bond No.CMS0328769
NOTE: THIS BONO lS ISSUED SIMULTANEOUSLY WTH ANOTHER BOND lN FAVOR OF THE OWNER CONDITIONEO FOR
THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT.
KNOW ALL MEN BY THESE PRESENTS:
That U.S. Water Services lnc
(Her6 hse( lhe nams or legal lilb of lho conlractor)
U.S. Water Services lnc
12270 43rd St. NE Saint Michael MN 55376 as
(Hore lnserl lh6 addross ot lhe co.rl6clo.)
Principal, hereinafler called Principal, and RLI lnsurance comoanv , an lr
Corporalion, as Surety, hereinalter called SuIety. ate held and ,irmly bound unto
Citv of Meridian
(Here inse lhe name o. legal lille ol tho oivne.)
33 East Broadway Avenue,Meridian. lD 83642
(Herc hsed the addrer! ol lhe orneo
as Obligee, hereinafier called Owner, for the use and benefit of claimants as hereinbelow
Four Hundred Sixty Thousand Sixty Two Oollars and 00/100
delined, in ths amount of-
Dollars 460 062.00
for the payment whereol Principal and Surety bind themselves, their heirs, executors, administrators, su@essors and assigns, jointly and
severally, firmly by these presents.
WHEREAS. PrinciDal has bvwritlen aqreement dated@
Well 28 WateiTreatiTent Equroment Proiect #10641.8
entered into a Contract with Owner for
inaccordancewithdrawingsandSpecific€t,onspreparedby
(Fuu narne o( arcnitecl o. enginee.)
which contract is by reference made a part hereot, and is hereafter relered to as lhe Conlracl.
NOW, THEREFORE, THE CONO|T|ON OF THIS OBLTGATION is that if rhe Principal shall promptly rlake payment.to all claimants as
hereinaflei defined. lor ali labor and material used or reasonably required for use in the performance of th'e Contract; then this obligation shall
b6 void; otherwise it shall remain in full force and etfecl, subjeci. however, to the following conditrons:
1. A claimant is defined as one havinq a direct conlracl with the Principal or with a sub-contractor of lhe Principal for labor, material. or
boih. used or reasonabtv reouired f6r use in the oerlormanc€ of lhe Contract, labor and material being conslrued to include that part of
watei, gas, power, light,heai, oil, gasoline, tel€phone servico or renlal of equipment directly applicable to lhe Contract.
2- The above named Princioal. and Suretv herebv iointly and severally aqree with the O,,vner that every claimant as herein defined, who
has nor been .aid in fu[ hef;re tha sxoiration df 'a oeiiod of ninelv (go)-davs afler tho dale on which the last o, such claimant's work or
labor was dorie or oerformed. or matdrials were furnished bv such'ddimaht, may sue on this bond for the use of such claimant in the
name oi
-ttrC
Owne?. orosecuie ttre suit to ,inat iudoment Ioi such sum or sumi as may b€ justly due claimant, and have execution
thirebn, povided, hbi,t/ever, that the Owner shal[ nol be liable for the payment of any cosls or bxp6nses ot any such suil.
3. No suit or action shall be comrnenced hereundsr by any claimant,
(a) untess ctaimant shall have oiven wrinen notice to any two of lhe followinq: The Prinopal, the Owner, or the SuIety abovo named,' ' withln ninatv (90) davs aftar-such claimant did or oeiormed the last of the wort or labor, or furnished lhe last ot lhe matarials for
wntch saiO 6ldim'is riade. statino with substantial accuracy the amount claimed and the name of tha party to whom lhe materials
were fumished, or for whom th-e work or labor was done or performed.. Suc! notice shall be served by mailing the safe qy
reoistered mail: oostaoe oreDaid. in an enveloDe addressed ld thg Principal, Owner or Surety, at any place where an omce is
reiularlv maintaihed fo-r ttie tiansaction of busin-ess, or served in any manner in which legal process may be seNed in the stale in
wfich tlie aforesaid project is located, save lhat such servic€ need nbt be made by a pubtrc omcer.
(b) Afler the expiration of one (1) year following the date on which Claimant ceased work on said Contract.
(c) Other than in a state court of comDetent iurisdiction in and for the county or other political subdivision of ths stale in which th-e-' poieal oi anv pif,itrereoiii situat'eO, oi ih rtre UnheO States District Couh ,or the district in which the projecl or any parl thereot,
is sltuated, and not elsewhere.
4. The amount ot this bond shall be reduced by and to the extent of
the oavment bv Suretv of mechanics liens which mav be filed
amo'uni ol suctflien be'presented under and against thi3 bond.
Signed this 1st day of August 4.g., 2018
U,S. Water Services, lnc.
any payment of payments made in
of record against said imProveme
oood faith hereunder. inclusive of
n-ts, whether or not claim for the
EnL
(Princap al ) (seal)
nce
rogan
t,No
A(omey in Fact
c0027011'50.0
By By
Surety Phone No. 309-692-1000
LABOR AND MATERIAL PAYMENT
BOND
Nathan Bach
VP of Engineering and Equipment
Meridian City Council Meeting Agenda August 14, 2018 – Page 141 of 198
Meridian City Council Meeting Agenda August 14, 2018 – Page 142 of 198
RLI'RLI lnsur,rnce Company
P.O. Box 3967 Pcoria.lL 61612-3967
Phone: 309.692.1000 Far; 309{83-1610
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That U.S. Water Services lnc
(llcrc irrscn thCnamcor lcgll tillc ofthc conlraclor)
12270 43rd St. NE Saint Michael MN 55376
(llcrc inscn thc lddrc5s ofthc conl.actor)
asPrincipal'hereinaflercalledcontractor,andan
Corporation, as Surety, hereinaner called Surety, are held and finnly bound unto
lllino is
Citv of Meridian
(llc.c inrcn dlc namc oflhc o$ncr)
3 East Broadwav Avenue, Meridian, lD 836423 as Obligee. hereinafter
(llcrc inscrt thc rddrcss oflhc o\nar)
callcd Orvncr, in thc amount of Four Hundred Sixty Thousand Sixty Two Dollars and 00/100
Dollars 460 062.00 for the paymcnt whercofContractor and Surcty bind thcmselvcs, their heirs, cxcculors, adminiskalors,
successors and assigns,jointly and severally. firmly by these Presents.
wHEREAS, Contractor has
Well 28 Water Treatment
bv written asreement
EouiomenT Proiect
dated Ju 24 2018 enlered into a Contract with Owner for
#1
rvhich contract is by rcfcrencc made a part hereof. and is hcrealler rcfcncd to as thc Contract.
NOw' TH EREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promplly and
faithfully perfonn said Contract, then this obligation shall be null and voidl othenvise it shall rcmain in full Force and efTect'
Whenever Contracror shall be, and declared by Owner to be in default under the Contract, the Owner having performed
Owne/s obligation thereunder, the Surety may Promptly rernedy the default, or shall promptly
l. Cornplete the Contract in accordance with its terms and conditions. or
2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon
deterrnination by Owner and Surety ofthe lowest responsible bidder, arrange for a co ract htween such bidder and Owner and make
available as woik progresses (evcn though therc shorild be a defauh or a s uccession ofdefaults under the contract or contracts of
completion arrangld inder this paragraphl suflicient funds to pay the cost of completion less the balance ofthe contract p_rice; but no(_
cxcctding, including othcrs cosis and darnagcs for which thc Surcty may be liablc hercunder, thc amount set forth in the lirstparagraph
hereof. The terrn "balance ofthe contract price," as used in this paragraph, shall mean the total atnounl payable by Owner to Contraclor
undcr thc Contract and any amcndmcnts thcrcto, lcss thc amount propcrly paid by Orvncr to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from thc dale on which Contractor ceases
work on the Contract.
No right ofaction shall accrue on this bond to or for the usc ofany pcrson or corporation olhcr than thc Owncr narncd
h$ein or the heirs, executo6. administralors or successors ofOwner.
Signed this 1st day of August 4.p. 2018
U.S, Water Services, lnc
(Principal) (Scal)
in accordance rvith drawings and specifications prepared by
By
i'lathan Ba ch
VP of Engineering ano Equipment
(l'ull nlmc oforahilcct or cntsinccr)
rogan
ti(
Artomqy in Fact
c003lor l-50,0
h(
By
Surety Phone No. 309-692-1000
l.l
Bond No. CMS0328769
/4.---Z>24,':/
Meridian City Council Meeting Agenda August 14, 2018 – Page 143 of 198
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria,IL 61615
Phone: 800-645-2402 Bond No. CMS0328769
Know All Men by These Presenls:
That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes, but may be detached by the
approving oflicer if desired.
That this Power of Attomey may be effective and given to either or both ofRLI Insurance Company and Contractors Bonding and
Insurance Company, required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable),
each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint:
Michele L. Groqan in the City of Minneapolis State of MN
it's true and lawful Agent and Attomey in Fact, with full power and authority hereby conferred upon himfrer to sign, ex€cute,
acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and uudertakings in an amount not to exceed
Twenty Five Million Dollars ($25,000,000) for any single obligation, and specifically for the following described bond.
U.S. Water Services, Inc.Principal:
Obligee:Citv of Meridian
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and now in force,
to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be cxccutcd in thc
corporate name of the Corporation by the Pr€sident, Secretary, any Assistant Secretary, Treasurer, or any Vice President,
or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any
Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents \vho shall have authority to issuc bonds,
policies or undertakings in the name of the Corporation, The corporate seal is not necessary for the validity of any bonds,
policies, undertakings, Polvers of Attorney or other obligations of the Corporation. The signature of any such officer and
the corporate seal may bc printcd by focsimilc or other electronic image."
IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be execut€d by its respective Vice President with its corporate seal affixed this lst day of
August 201 8 RLI Insurance Company
Contractors Bonding and Insurancc Company
J-.
AL j:!
.";;l;13ii;!!:;:,
,..$i**.ii,*,2
iii srar..+i'-.or"- , r-s
Bartorl W. Davis
CERTIFICATE
Vice President
a.
State oflllinois
Countv ofPeoria )SS
On this _b1_ day of August , 2018 , before me, a Notary
Public, personally appeared __-Bade U-Dayjs- who
being by me duly swom, acknowledged that he signed the above Power of
Attomey as the aforesaid oIficer of the RLI Insurance Compa[y and/or
Contractors Bonding and Insurance Company, and acknowledged said
instrument to be the volunlary act and deed ofsaid corporation.
I, the undersigned ollcer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby ceniry
that the attached Power of Attomey is in full force and eflect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attomey, is now in force. In testimony
whereot I have hereunto set my hand and the seal of the RLI
Iosurance Com
Company this
pany,and/or Conlra((ors Bonding and Insur:rncc
day of_. \ u!u.l .l{rlx
RLI Insurancc Company
Contractors Bonding and Iosurance Compaoy
\ilr*}h. Atrot r )
Corporate Secletary
AOOAI8I?
GRETCHEN L JOHNIGK
.OFFICALSEAL"
M, C.mnn$bn E dr6.
M.y 24,2020
By:
Gretchen L. Johnigk Notary Public
By:
rean
{Jiedrenson
u
<a>.
Meridian City Council Meeting Agenda August 14, 2018 – Page 144 of 198
ACKNOWLEDGMENT BY SURETY
STATE OF lvlinnesota
)
ss.
County of Hennepin
st AOn this &y of , before me personally
appeared Michele L. Grogan , known to, me to be the Atlomey-in-Fact of
RLI lnsurance Company
, thc corporation
that executed the within instrument, and acknowledged to me that such corporation executed the same.
IN WTNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and
year in rhis certificate first above wrinen.
Public in thc Statc of l\,linn
County of Hennepin
..:i:.'.gri.;-. JENNIFEB LAUREN MILLER:Yffi*ii: NoTARY PUBLIo
+j,Q581.{'j MTNNESoTA1;i$'':::' My commission Erpi,ss Jan 31.2023
s-0230/GE 10/99
2_0tr
Meridian City Council Meeting Agenda August 14, 2018 – Page 145 of 198
aiAD'CERTIFICATE OF LIABILITY INSURANCE 0a / 02/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO COt{FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AI'END, EXTENO OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES
BELOW. THIS CERTTFTGATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTXORTZEO
REPRESENTATIVE OR PROOUCER, ANO THE CERTIFICATE HOLDER.
I PORTANT: lf the certlflcate holdor l! an AOOITIONAL INSURED, th. pollcy(les) must have ADOITIONAL INSUREO provi5lons o. b. endorced.
ll SUBROGATION lS WAIVED, subject to tho torms and condltlonB of lh€ pollcy, certaln pollclos may rgqulra an endoraement, A statomanl on
thla codltlcato does not confur rlghts to th. cortlficate holdsr ln llou of luch ondorsemcnt(s),
1-512-333-3323
80 Eouth 8tb atE..t
Ault.7O0
xlDD.rpoLl., xx 55102
512-333-3323 ffi. *or. srz -:zr -zzzo
iNH!"" tJ "lo.t"aobry.co'prat.. . c@
IN S URERIS) AFFOROII{G COVERAGE
titSuRER A. NAmILOS INS CO 17370
[{suRED
u. S. iat.r g.rvlceE, IDc.
!2270 43td slree! NE
galDt ld1cha.1, UN 55375
tNsuREiB. GREII DTVIDa INS CO 25224
TNSURERC. ASPEN INS [rt LTD AA.II2O337
t[suRER D. EVANSTON INS CO 35378
IIISURER E
Ajr
A.rr
A
COVERAGES CERTIFICATE NUMBERi s35e732{REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE AEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INOICATEO. NOTWTHSTANDING ANY REQUIREMENT. TERM OR CONOITION OF ANY COI.ITRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PA]O CLAIMS.
LI TS
EACHOCCURRENCE t 1,000,000
PREMISES (Ea @rer)t 300,000
MEo ExP (Any m p€6d)r 10,000
PERSONAL&ADV INJURY i 1,000,000
GENERAL AGGREGATE i 2,000,000
PRODUCTS. COMP/OP AGG $ 2,000,000
COMMERCIAL GENERAL LIAAIL[Y
x
Prods PollutloE Ll..b,
GEN'L AGGREGAIE LIMIT APPLIES PER:
x
x x
x
OTHER
occlJR
LOC
09 /or/1809 /oL/17
$
COMBINED SINGLE LIMIT 3 1,000,000
BOOILY TNJURY (Per !€6on)
BOOILY TNJURY {P& a.ddont)
$
$
$
OWNEO
AUTOS ONLY
HIREO
AUTOS ONLY
x
AI]IOIIOBILE LIABILITY
SCHEOULEO
AUTOS
NON.OWNEO
AUTOS ONLY
x BAP20125a0 - 13 09 /oL/11 09 / oL/ !8
$
EACH OCCURRENCE t 10,000,000
x EEXCESS LIAB
occuR
AGGREGATE r 10,000,000
c
OED RETENTIONS
EXAa!VA17 09 /or/t7 09 / oL/LA
t
x STATUTE
OTH-
E.L, EACH ACCIOENT S 1,000,000
E L OISEASE. EA EMPLOYEE S r,000,000
A
B
woRxERa coxPErsanol
AND Ef, PLOYERS' LIABILITY
ANYPROPRIETOF'PARTNER'EXECUTIVE
OFFICER/I'EMBEREXCLUDEO?
oFscRrproN oF oPFRATToNs r-r*
wcr.2012579-13 (lZ)
wc.r,2012s7 8- 13 (AOS)
09 / 0L/L7
09/01/L7
09 /0t/L8
09 /0r/78
E L, OISEASE. POLICY LIMIT r 1,000,000
D Prof .!!tor.I ltabll1ty !(LV7Pr,o002 833 1,000,000
1,000,000
09/01/18 Aggregate09 /oL/a7
lrecr creh
oC3CRrPtloN oF oPERATIoxS / LOCAIIONS MlllCLES (ACORD loi, Arldttton.l Rm.t. 3.h.<l!L, my b. .iah.rl r nrd .p.o l. dqsk*l)
Clty o! l{.rlall..,i is .ddttloDrl LD.ur.d .! r.!p.ctr g.D.r.L ud .uto 1l.btL1ty pollcl.. tlh.!. r.qulreal by yrlttcu
contr.ct, lubjcct to th. pollcl.r t.r!! .!d coEdltloa..
CERTIFICATE HOLOER CANCELLATION
Clty o! U.rlatlra
?urcbt'lag xrnager
!3 B. Bro.atr.y av6
u.!ldi,rD, ID 835{2
USA
SHOULO ANY OF THE ABOVE DESCRIAEO POLICIES BE CA CELLEO BEFORE
THE EXPIRATION DATE THEREOF, NOTICE VTILL BE DELIVERED IN
ACCOROAXCE WITH THE POLICY PROVISIONS.
AUTHORIZEO REPRESENTATIVE
ACORO 25 (2016/03)
TiIohD! t.d
53591124
PROOUCER
E.y! c@pMI..
JECT
cLP2 012581- 13
B
tr
@ 1988-2015 ACORD CORPORATION. All rlghts roservod.
The ACORD name and logo aro reglstered marks of ACORO
Meridian City Council Meeting Agenda August 14, 2018 – Page 146 of 198
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith
60 - Enterprise Fund
3490 - Water Construction Projects
From 10/1/2017 Through 9/30/2018
Amendments
Budget with
Actual
Current Year
Remaining
Budget
Remaining
Budget
Percent of
Capital Outlay
96166 Well #28 construction
10641 Well 28 Water Treatment 800,000.04 7,061.25 792,938.79 99.12%
10641.a Well 28 Water Treatment
Facility - Design
0.00 236,554.00 (236,554.00) 0.00%
10641.b Well 28 Water Treatment
Facility - Filtration
System
0.00 74.52 (74.52) 0.00%
Total Capital Outlay 800,000.04 243,689.77 556,310.27 69.54%
TOTAL EXPENDITURES 800,000.04 243,689.77 556,310.27 69.54%
Date: 8/8/18 10:32:27 AM Page: 1
Meridian City Council Meeting Agenda August 14, 2018 – Page 147 of 198
City of Meridian
RFQ NUMBER: PW-1836-10641.B
DUE DATE & TIME: June 15, 2018
VENDOR SELECTION: (in order)
1 Tonka Water 91.71
2 WesTech 89.57
3 Loprest 82.01
Date Posted: 7-6-2018
WELL 28 WATER TREATMENT EQUIPMENT
SELECTION
Meridian City Council Meeting Agenda August 14, 2018 – Page 148 of 198
Meridian City Council Meeting Agenda August 14, 2018 – Page 149 of 198