HomeMy WebLinkAboutCougar Excavation, LLC Water Main Extension Victory & Ten Mile Project 10631.CCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WATER MAIN EXTENSION at VICTORY & TEN MILE
PROJECT # 1063{.C
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 19h day
of March, 2019, 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
"CITY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Couqar Excavation, LLC,
hereinafter refened to as "CONTRACTOR",whose business address is P.O. Box 1306,
lD 83680 and whose Public Works Contractor License # is C-16438.
INTRODUCTION
Whereas, the City has a need for services involving Water Main
Replacements; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit 'A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
WATER MAIN EXTENSION _ VICTORY & TEN MILE
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represents and warrants that it will perform its work in accordance with generally
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 performed by
the Contractor under this Agreement, Contractor makes no otherwananties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request underthis
Agreement will be performed in a timely manner in accordance with a Schedule of
work, which the parties hereto shall agree to. The schedule of work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractorshal! 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 $1.151.519.56.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees eamed 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 by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue 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, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, mayterminate this Agreement by
giving written notification to Contractor.
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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:
There are seven (7) milestones listed in the Milestone Schedule. Contractor shall
be liable to the City for any delay beyond the date listed in the amount of $300.00
(three hundred dollars) per calendar day for each milestone independently.
Liquidated damages wil! be calculated concurrently. 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.
. PRV #33 completion
o PRV #34 completion
o All non-irrigation crossing work. Begin irrigation crossings (borings & open trench). lrrigation crossings completion. Substantial Completion
o Final Completion
Substantial Completion: This project shal! 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 incidentalwork, conections or
repairs remain for the physical completion of the total contract.
5. Termination:
5.1 If, through anycause, CONTRACTOR, itsofficers, employees, oragentsfails
to fu!fill 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.
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5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liabilityto
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the Clry 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 clrY. 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 alltimes 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 contro! with respect to the physical action or activities of
Contractor in fulfillment 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 forwork
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.
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9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
al! losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and aftorney'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 specificallv
aqrees that it will maintain. throughout the term of this Aoreement. liabilitv
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
oroccurrence, 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 Iimits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if Clry
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmlessclw from and for al! such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attomeys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contracto/s officers, 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 comptiance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shal! immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
9.3 Anydeductibles, 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 tetter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance orself-insurance maintained bythe City
WATER MAIN EXTENSION - VICTORY & TEN MILE
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Meridian City Council Meeting Agenda March 19, 2019 – Page 268 of 652
orthe City's elected officers, officials, employees and volunteers shallbe excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
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 Contracto/s agents, representatives, employees or subcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that 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 from the date of the City of Meridian acceptance perthe 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 wil! require an additional two (2) year wananty from the date of City's
acceptance of the corrected work. Upon discovery of a warranty item/situation City
shall determine if the warranty poses a threat to public health and safety. lf so, the
City at its option shall:
Take immediate action to remedy the threat to public health and
safety and
WATER MAIN EXTENSION _ VICTORY & TEN MILE
Project 10631.C
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a.
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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.
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:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http ://www. merid ia ncity.orq/envi ron mental. aspx? id = 1 36 1 8.
Contractorshallretain allstormwaterand erosion controldocumentation 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 bythe City priorto finalacceptance 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.
WATER MAIN EXTENSION - VICTORY & TEN MILE
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17. Reports and lnformation:
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
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.
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 of Material
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions 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 orapplicantforemployment 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 unlawfullydiscriminate in violation of anyfederal, 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.
WATER MAIN EXTENSION - VICTORY & TEN MILE
Project 10631.C
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Meridian City Council Meeting Agenda March 19, 2019 – Page 271 of 652
21. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent Iegal advice from 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
contract between the parties and shal! survive any default, termination orforfeiture
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 contempora neous he rewith.
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.
WATER MAIN EXTENSION . VICTORY & TEN MILE
Prolect 10631.C
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Meridian City Council Meeting Agenda March 19, 2019 – Page 272 of 652
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. Retainage of
five percent (5%) of the current contract value wil! be withheld from the final pay
application(s) until fina! completion has been met and releases from both the ldaho
Tax Commission and Surety have been received by the City.
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.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
ln performing the scope of work required hereunder, CONTRACTOR shallcomply
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 ldaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
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:
clw GONTRACTOR
City of Meridian Couqar Excavation, LLC
Purchasinq Manaqer Attn: Colby Buffinqton
33 E Broadway Ave PO Box 1306
Meridian, lD 83642 Meridian, lD 83680
WATER MAIN EXTENSION - VICTORY & TEN MILE
Project 10631 .C
F
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Meridian City Council Meeting Agenda March 19, 2019 – Page 273 of 652
208-489-0417 Phone: 208-860-4578
Email: colbybuffington@hotmail.com
Idaho Public Works License #C-16438
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 COUGAR EXCAVATION
BY: BY.
TAMMY de WEERD, MAYOR
Dated: 3 - «' 201 q
Approved by Council: 3 _l q
Attest:
i
C.JA(COLES, ITY CLERK
Purchasma Approval
BY:
KEITH ATTS, Pu chasing Manager
Dated: -3- 1 3 - 19
Project Manager
Brent Blake
WATER MAIN EXTENSION — VICTORY & TEN MILE
Project 10631.0
Dated:
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Department Approval
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Dated: S- 12-1c
page 11 of 14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-1916.10631.C
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-l916-10631 .C, 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 Sfandards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Plans - Water Main Extension W.Victory Road & S. Ten
Mile Rd by Civil Survey Consultants, lnc. dated 1-14-2019
(20 pages)
Special Provisions by Civil Survey Consultants, lnc. dated
1-14-2019 1zt pagesl
WATER MAIN EXTENSION _ VICTORY & TEN MILE
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Meridian City Council Meeting Agenda March 19, 2019 – Page 276 of 652
A.
WATER MAIN EXTENSION _ VICTORY & TEN MILE
Project 10631.C
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$1 ,151,519.56.
Milestone 1a PRV #33 Complete October 1, 2019
Milestone 1b PRV #34 Complete October 1,2019
Milestone 1c All Non-lrrigation
Crossing Work October 1,2019
Milestone 2 Begin lrrigation Crossings
(Borings and Open
Trench)
October 21,2019
Milestone 3 lrrigation Crossings
Complete March 1,2020
Milestone 4 Substantial Completion March 15,2020
Milestone 5 Final Completion April 2, 2020
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
Water Main Extension at Victory & Ten Mile per IFB PW-1916-10631.C
NOT TO EXCEED CONTRACT TOTAL.$1Jt5L.[19r6
Contract is a not to exceed amount. Line item pricing below will be used for invoice verificatlon and any
additional increases or decreases in work requested by city. The City wil! pay the contractor based on actual
quantities of each item of work in accordance with the contract documents.
Item No.Description Quantity Unit Unit Price
307.4.1.D.1.TYPE C SURFACE RESTORATION (GRAVEL
SHOULDER)6,787 LF Sa.ao
307.4.1.E.1.TYPE C SURFACE RESTORATION (GRAVEL
PAD)354 SY Sra.o
307.4.1.G.1.a.TYPE P SURFACE RESTORATION 7,',t43 SY 5zz.tz
307.4.1.G.1.b.TYPE P SURFACE RESTORATION.
TEMPORARY s00 SY S+a.gs
ssso.20308.4.'1.A.1 PIPE BORING AND JACKING 151 LF
310.4.1.A.1.24" 4,3/8" THICK STEEL CASING 270 LF Sso.sz
401.4.1.A.1.a.6- PVC, AWWA CgOO, DR18 WATER MAIN 120 LF s29.9s
page 13 of 14
MILESTONE DATES/SCHEDULE
PRICING SCHEDULE
Contract Pricing Schedule
Meridian City Council Meeting Agenda March 19, 2019 – Page 277 of 652
401.4.1.A.1 .b.8" PVC, AWWA CgOO, DR18 WATER MAIN 102 LF
WATER MAIN EXTENSION - VICTORY & TEN MILE
Project 10631.C
s44.00
401.4.1.A.'1.c.12" PVC, AWWA CgOO, DR18 WATER MAIN 8,367 LF Ssz.o+
401.4.1.A.1.d 16" PVC, AWWA C905, DR25 WATER MAIN 10 LF S238.oo
402.4.',|.A.1.a.6" GATE VALVE 9 EA s1,086.0O
402.4.1.A.1.b.8" GATE VALVE 2 EA S1,166.00
402.4.1.4.1.c.12" GATE VALVE '16 EA 52,oe4.2s
403.4.1.4.1 FIRE HYDRANT ASSEMBLY WITH LOCATE
STATION I EA S3,124.00
405.4.1.A.1 PROVIDE NON POTABLE WATER LINE
SEPARATION 5 EA S1,ooo.oo
1001.4.2.A.'.t.STAGING AREA 1 EA Sroo.oo
1001.4.2.8.1.STABALIZED CONSTRUCTION ENTRANCE 4 EA S1,3oo.oo
1003.4.1.G.1.STRAW WATTLE 1,800 LF Sr.s+
1006.4.1.C.1 INLET PROTECTION 3 EA s120.00
1103.4.1.A.1 TRAFFIC CONTROL 1 LS s43,900.00
2010.4.1.4.1.MOBILIZATION 1 LS sso,ooo.oo
SP-1a PRESSURE REDUCING VALVE STATION
#33 1 EA s92,968.00
SP-1b PRESSURE REDUCING VALVE STATION
#34 1 EA s92,958.00
SP.2 LEAK DETECTION METERING STATION
PER MERIDIAN SD-W14 2 EA s2,s4s.oo
SP-3 REMOVE AND REPLACE ]NACTIVE DUAL
PRESSURE SEWER MAIN 1 LS s11,300.00
SP-4 LOCATE STATION PER MERID]AN SD-Gs 5 EA S1,o8o.oo
SP-5 PRESSURE REDUCING STATION #33
CONTROL PANEL 1 LS s33,880.00
SP-6 TEMPORARY BLOWOFF 8 EA s3,654.00
page 14 of 14
Meridian City Council Meeting Agenda March 19, 2019 – Page 278 of 652
, Premium is for the Contract Term and is subject to adjustment based on Final Contract Price
.SAIA Document A31 2rM - 2010
Pertormance Bond
CONTRACTOR:
(Name, legal slatus and address)
Cougar Excavation, LLC
PO Box 1306
Meridian, lD 83680
OWNER:
(Name, legal status and ad&ess)
City of Meridian
33 East Broadway Ave.
Meridian, lD 83642
coitsTRucfloN coilTRAgt
Da;tc:312612019
Amount: $1,151,519.56
Description:
(Name and localion)
SURETY:
(Name, legal stuus andprincipal place
olbusiness)
Lexon lnsurance Company
12890 Lebanon Road
Mt. Juliet, TN37122
Bond No. 9824152
Tlis docrrment ha! lmpoilant legel
oolEcquonGs. Consdtatlon wllh
an attorncy ls encouraged wlth
rsspect to its complellon or
rnodltlcaton.
Any slngular reE]lnco to
Contracilor, Surety, Omer or
olher party 3h8f be constsered
plural whoro applicsblc.
AIA DocumentA312-2010
combines tvuo separate bonds, a
Performane Bond and a
Payment Bond, lnto one form.
ThE ls not a single combined
Perfornance and Payment Bmd.
BOND
Date:.312612019
(Not eulier tlun Cotulntction Contract DatQ
Amount: $1,151,519.56
Modifications to this Bond: E None
co[TRAgroR As PR[itctPALCompany: (Corporate Seal)
Project No. '1063'1.C
Watermain Extension at Victory and Ten Mib
El Sce Section 16
SURETY
Company:(Corporate Seal)
Cougar Lexon
Name Name Arianna Slotemaker, Attorney-in-Fact
and Title:and Title:
(Any odditional signaures apryar on tlu last page of this Perlormance Bond)
(FOR INFORMATION ONLY - Name, ad&ess and telephone)
AGEI{T or BRO}GR: OWNER'S REPRESENIATIVE:
Allied Bonding (Architect, Engineer or other prty:)
1649 Shoreline Dr.
Suite 201
Boise, lD 83702
208-3454177
tt^.,--^
1
lnll AIA Documnt Altzr - 2010. Th. Arrrrh.n lnrttrb d Arcilbc'tr.illlto
g*x
I
Meridian City Council Meeting Agenda March 19, 2019 – Page 279 of 652
$ I The Contrastor and Sur€ty, jointly and severally, bind themselves, their heirs, executors, administrators, succ€ssors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
$ 2 If the Contractor performs the Construction Contract, the Surety and the Contraotor shall have no obligation under
this Bond, except when applicable to participatc in a conference as provided in Section 3.
$ 3 If there 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 Surety that the Ovmer is considering declaring
a Contractor Default. Such notice shall indicate whetherthe Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Conhactor's performance. If the Otmer does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a confercnce. If the Surety timely rcquests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any confercnce requested under this Section 3.I shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Ovmer, the Contractor and the
Surcty agree, the Contractor shall be allowed a reasonable time to perform the Constnrction Contract
but such an agroemcnt shall not waive the Owaer's right, if any, 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 agxeed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Conmct to the Surcty or to a contractor selected to perform the Construction Contract.
$ { Failure on the part of the Owner to comply with the notice rcquirement in Section 3. I shall not constitute a failurc
to comply with a condition precedent to the Surety's obligations, or release the Surety from ib obligations, except to
thc 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
takc onc 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 complaion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concutrence, 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 incurred by the Owner as
a result ofthe Contractor Default; or
$ 5.{ Waive its right to perform and complete, arrange for completion, or obtain a new conmctor and with rcasonable
promptness under the circumstances:
,1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify thc Owner, citing the reasons for denial.
$ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
bc in default on this Bond seven days after receipt of an additional written notice from the Owncr to the Surety
demanding that the Surety perform its obligations under this Bon4 and the Owner shall be entitled to enforce any
remedy available to the Owner. If 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.
2lnlt AIA Docum.ttt Atl2r - 2010. Th. Amc,lc.n lnditsb of Archit6c-ts.
I
Meridian City Council Meeting Agenda March 19, 2019 – Page 281 of 652
$ 7 If the Sur€ty elects to act under Section 5.1,5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contrastor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contraa. Subject to the commitment by the
Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of thc Contractor for correction of defective work and completion of the
Constnrction Contact;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act ofthe Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Constmction Contract, actual
damages caused by delaycd performance or non-performance ofthe Contractor.
$ 8If the Surety elecs to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
$ 9 The Surety shall not be liable to the Ovmer or others for obligations of the Contractor that are unrelated to the
Construction Contact, and the Balance of the Contract Price shall not be reduced or set offon account of any such
unrclated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, cxecuton, administrators, successors and assigns.
$ l0 The Surety hereby waivcs notice of any change, including changes of time, to the Constnrction Contract or to
related subcontracts, purchase orders and other obligations.
$ 1l Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within nro years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two ycars after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurc first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
$ 12 Notice to the Surety, the Owner or the Contractor shall bc mailed or delivered to thc 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 delaed 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 constmed as a statutory bond and
not as a common law bond.
$ 14 Deflnltlonc
$ ltLl Balance of the Contract Pdce. The total amount payable by the Owner to the Contractor under the Constuction
Contract after all pmper adjustments have been made, including allowance to the Contractor of any amounts rcceived
or to be rcceived by the Owner in settlement of insurance or other claims for damages to which the Confaclor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contact.
$ 14.2 Construc{ion Contrac{. 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 Contnctor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
$ 14.4 Ovner Default. Failure of the Owner, which has not been rernedied or waived, to pay the Contractor as required
underthe Construction Contract or to perform and complete or comply with the other material terms of the
Construction Conbact.
$ 14.5 Contacl Documenta. All the documents that comprise the agreement between the Owner and Contractor.
$ 15If 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.
3
lntl AlADocumantASl2n -2OlO,Th.Amcrican lnrttubof Architacb.
I
Meridian City Council Meeting Agenda March 19, 2019 – Page 282 of 652
§ 16 Modifications to this bond are as follows:
None
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature: -__-- — _-
Name and Title: Name and Title: –('arnm
Address 7«:1 Address 33 8rti Way �`
CAUTION: You should sign an original AIA Contract Document, on which this text a rt e���s --�t--�
8 9 appears In RED. A original assures thaty�
changes will not be obscured.
Inst. AIA Document A312T" —2010. The American Instftute of Architects.
#AIA DocumentA3l 2rM -201a
Payment Bond
COl{tRACTOR:
(Name, legal status and address)
Cougar Excavation, LLC
PO Box 1306
Meridian, lD 83680
OWNER:
(Name, legal snnu and ad*ess)
City of Meridian
33 East Broadway Ave.
Meridian, lD 83642
CONSTRUCTION CONTRAST
Date: 312612019
Amount: $1,151,519.56
Description:
(Name and location)
SUREIY:
(Name, legal status and principal place
ofbusiness)
Lexon lnsurance Company
12890 Lebanon Road
Mt. Juliet, TN37122
(Corporate Seal)
, Attorney-in-Fact
Bond No. 9824152
THs doq,rment has importent legal
oonsequonog!. Consultatlon wllh
an attomey ls encouraged wlth
resped to tB comple0on or
modlfcatlon.
Any slrBular reErene to
Contractor, Surety, Owner or
other paily ahall be consldered
plural wher" appllcable.
AIA DocumentA3l2-?J10
comblnes trYD separate bonds, a
Perfomance Bond and a
Pafnent Bond, into one form.
Thls ls not a slngh comblned
Perfomanca and Payment Bond.
BOND
plsgg; 312612019
(Not earlier ilan Coralntclion Contract Dole)
Amount; $1,151'519.56
Modifications to this Bond: E9 None E See Scction lE
COI{IRACTORAS PRINCIPAL SURETY
Project No. 10631.C
Watermain Extension at Victory and Ten Mile
Company:
Lexon
Name
and Title:
Company: (Corporate Seal)
Couo'ar Excavation. LLC
,r**"r,,-% i,Name .-. / -tJCU-2--
and Title: -
(Arry additional signatures appear on tte last page ofthis Paymen Bond)
(FOR INFORMATION ONLY- Name, address and telephone)
AGENI or BROKER: OWIIER'S REPRESENTATI\rE:
Allied Bonding (Architect, Engineer or other party:)
1649 Shoreline Dr.
Suite 201
Boise, lD 83702
208-3454177
5
lnlt AIADoculuttAll2r-2ol0.ThcAnf,rlcinlmtitubofArrribct .Grr ro
g^\
Meridian City Council Meeting Agenda March 19, 2019 – Page 284 of 652
$ I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigrrs to the Owner to pay for labor, materials and cquipment furnished for use in the performance of the
Construction Contact, 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 Oumer from claims, demands, liens or suits by any pe$on or entity seeking payment for labog materials
or e4uipment fumished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
$ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or the Owner's property by any pennn or entity seeking payment
for labor, materials or equipment fumished for use in the performance of the Construction Contract and tendered
defense of such 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, indemni$ and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
$ 5 The Surcgr's obligations to a Claimant under this Bond shall arise after the following:
$ 5.1 Claimants, who do not have a dircct contact with the Contractor,.1 have furnished a written notice of non-payment to the Contactor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, firmished 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 Sure$ (at the address described in Section l3).
$ 52 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surcty (at
the address described in Section l3).
$ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satis$ a Claimant's obligation to furnish a written notice of non-payment under Section 5.1 . I .
$ 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 of the 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 of any 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 €r€ement. I{, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,lhe Surety shall indcmnify 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 of this Bond, plus the unount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments 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 thc Construction Contract and to satisfr claims, if any, under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
performance of the Construction Contract arc dedicated to satisff obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
6
lnlt AIA Docum.nt Atl2il - 2010. The Anr.ric.n lnrtitub d Arthitcctr.
I
Meridian City Council Meeting Agenda March 19, 2019 – Page 286 of 652
$ l0 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Constnrction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
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.
! ll The Surety hereby waives notice of any change, including changes of time, to the Constnrction Contract or to
related subcontracts, purchase orders 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 (l) on which the Claimant sent a Claim to the Surety pursuant to
Section 5 . L2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment werc fumished by anyone under the Construction Contract, whichever of (t) or (2) first occurs. If the
provisions ofthis Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in thejurisdiction ofthe suit shall be applicable.
$ 13 Noticc 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 sigrrature appean. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date rcceived.
$ 14 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in tlris 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.
$ 15 Upon request by any person or entity appcaring to be a potential beneliciary ofthis Bond, the Contractor and
Owner shall promptly fumish a copy of this Bond or shall permit a copy to be made.
s
s
l6 Definitionc
16.l Claim. A written statement by the Claimant including at a minimum:
.l the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
,4 a brief description of the 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 of the Construction Contract;
.6 the total amount eamed by the Claimant for labor, materials or equipment fumished as of the date of
the claim;
.l the total amount of previous 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 of the Claim.
$ 16.2 Chlmanl An individual or entity having a dircct conract with the Contractor or with a subcontractor of the
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 appticable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shalt be to
include without limitation in the tcrms "labor, materials or equipmenf'that part of water, ga!i, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the Constuction Contract, architectural and engineering
services rcquired for perfonnance ofthe work ofthe Contrastor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
$ 16.3 Construc{ion Contract The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
I nlt AIA Oocumant A3l 2il - 201 0. Thc ArnG.ic.n lnstihrb of Archibcts.
7
I
Meridian City Council Meeting Agenda March 19, 2019 – Page 287 of 652
$ lC.l Owne Ddlutl Failqrc of thc Owncr, wtrich has not becn rcmcdicd or waivc4 to pay the Contractor as rcquircd
unacr ttrc Constsustion Contrast or to perform and completc or comply with the other matcrial tcrms of 0rc
Constnrction Contnst
$ f 0.5 Gonfrc{ Documcntr. All thc doctmcnts that comprise thc aglcement bctwecn the Owner and Contractor.
C lT If eis Bond is issucd for an agnecment bctween a Contrastor and subcontracrtor, the term Contactor in this Bond
shall be decmed to be Subcontractor and the tcrm Ovmcr shall be deemed to be Contrastor.
$ iE Modificationsto this bond arc as follows:
None
(Sree is prwidcd below for addtliorul sigruures of added prties, other thot thase qpeoing on tlu cover page.)
COIIRACIORAS PRII{CIPAL SURETYCompany: (Corporate &al) Company: (CorpateSeal)
Sigranre:
Namc and Title:Addrcss oao'tz-
CAUnOil: You rhoukl rlgn rn orlglnal AIA Contrast Document, on srhlch $b bxt epperlt ln RED. An odglml oun thrt
chtngo! wlll not bc obacurud.
Sigrature:
Name and Title:
Address
lnlt AlAOoourilA,l2il-2010.ThrA,mdc.nlndrtu5.rA,dlbcir.
8
I
Meridian City Council Meeting Agenda March 19, 2019 – Page 288 of 652
POWER OF ATTORNEY
Lexon lnsurance ComPanY
KNow ALL MEN By rHESE PRESENTS, that LExoN |NSURANCE CoMPANY, a Texas corporation, with its statutory home office in
Austin, Texas, does hereby constitute and appoint Jennifer Grenrood, Arianna slotemaker its true and lawful Attorney(s)-ln-Fact to make'
execute, seal and deliver for, and on its behalf u" "rr"tv,
any and all bonds, undertakings or other writings obligatory in nature of a bond'
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXoN INSURANCE
COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the president of the company is hereby-authorized to appoint and empower any representative of the company or other
person or persons as Attorney-ln-Fact to execute on behalf of th" co.p"ny any bonds, undertakings, policies, contracts of indemnity or other
writings obligatory in nature or a oono not to exceed ss,ooo,ooo.o0, Five ilittion oottars, which the company might execute through its duly
elected officers, and affix the seal of the company tn"r"io Any said execution of such documents by an Attorney-ln-Fact shall be as binding
upon the company as if they had been outy.exeduieo and ac(nowledged by the regularly elected officers of the company' Any Attorney-ln-
Fact, so appointed, ."y u" ,t.oued for good cause and the authority so granteo may be revoked as specified in the Power of Attorney'
Resolved, that the signature of the president and the seal of the company may be -affixed by facsimile on any power of attorney
granted, and the signature oi the Assistant secretary, an_d thg seal .of the company may be affixed by facsimile to any certificate of any such
power and any such po*",. o.. certificate oearing-iirtn facsimile signature and seal shall be valid and binding on the company Any such
power so executed and sealed and certificate sJexecuted and sealed shall, with respect to any bond of undertaking to which it is attached'
continue to be valid and binding on the Company'
lN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President' and its corporate
Seal to be affixed this 22nd day of June, 2018'
LEXON TNSURANCE COM'AN'
fr'rt;rr,-aYt
Brian Beggs
President
LX - 9319
, did depose and say that he
instrument; that he executed
ACKNOWLEDGEMENT
On this 22nd day of June, 2018, before me, personally camg Brian Beggs to me known, who be duly sworn
is the piesident of leiott iNsunaHce coMpANy, the corporation described in and which executed the above
said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
BY
Amy
Nota Public
BY
Andrew Smith
Assistant Secretary
,,wARNING: A,ry person who knowingly and with lntont to defraud any lnsurance company or other person, files and application for insurance of
clalm contalnlng any matorlaly ratse tnrormaflon, or conceats tot the purposo of mlsleadlng, lnfomatlon concernlng any tact material thereto'
commits a fraudulent insurance act, which ls a crime and subJects such percon to crlmlnal and clvll penaltles."
AMY TAYLOR
Notary Public- State of Tennossee
Davidson County
My Commission ExPires 07-08-19
CERTIFICATE
l, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lnsurance Company, DO HEREBY CERTIFY
that the original pow6r oihttoin"v of which th6 forgoing is a true and correct copy, is in full force and effect and has not been revoked and the
resolutions as set forth are now in force.
Signed and Seal at Mount Juliet, Tennessee this 2,.S Day of vt^(rCh , 20 t 1
Zl 4.J*.
EA.L
SEAL
Meridian City Council Meeting Agenda March 19, 2019 – Page 289 of 652