HomeMy WebLinkAboutIrminger Construction, Inc. PW Construction Well 28 Water Treatment FaciliityCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WELL 28 WATER TREATMENT FACILITY
PROJECT# 10641.C
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 9th day of
April, 2019, and entered into by and between the City of Meridian, a municipalcorporation
organized under the laws of the State of ldaho, hereinafter referred to as "C|TY", 33 East
Broadway Avenue, Meridian, ldaho 83642, and lrminger Construction, lnc., hereinafter
referred to as "CONTRACTOR", whose business address is 25094 Homedale Rd., Wilder
lD 83676 and whose Public Works Contractor License # is 020529.
INTRODUCTION
Whereas, the City has a need for services involving water treatment facilitv
construction; 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. lf any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
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
WELL 28 WATER TREATTUENT FACILTY - CONSTRUCTION page 1 of 14
Project 10641 .C
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 other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $944.519.00.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval 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 additionalconsideration, 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, may terminate this Agreement by
giving written notification to Contractor.
WELL 28 WATER TREAT]UENT FACILTY _ CONSTRUCTION
Project 10641 .C
page 2 ol 14
3.3 Should City fail to pay Contractor all or any part of the compensation set fot'th
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 thirly (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 150 (one hundred fifty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has fulland unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $300.00 (three hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 180 (one hundred
eighty) calendar days to complete the work as described herein. Contractor shall
be liable to the City for any delay beyond this time period in the amount of $300.00
(three hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See lt/ilestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulf ill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shallthereupon 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 shallbe
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
WELL 28 WATER TREATN/ENT FACILTY _ CONSTRUCTION
Project 10641 .C
page 3 of 14
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. 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 shallbe acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at 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 shalldetermine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulf illment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. lf , in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is othenruise unsatisfactory, that employee shall be removed from all
work under this contract.
9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
WELL 28 WATER TREATI/ENT FACILTY - CONSTRUCTION page 4 of 14
Project 10641 .C
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain. and specificallv
aqrees that it will maintain. throuohout the term of this Aoreement, liability
insuranee't CITY shall be named an additional in red in the minimum
amounts as follow: General Liability One tvlillion Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000)per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's 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 compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to lt/eridian 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 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shallbe 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 Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
WELL 28 WATER TREATMENT FACILTY _ CONSTRUCTION
Project 10641 .C
page 5 of 14
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
Co ntracto r and Co ntractor's agents, represe ntatives, employees or subco ntractors.
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 ltleridian acceptance perthe ISPWC and the
It/eridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof .
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
WELL 28 WATER TREATMENT FACILTY - CONSTRUCTION
Project 10641 .C
page 6 of 14
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. Meridian StormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
ltleridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address : http ://www. meridiancity.orq/envi ron mental. asox?id= 1 36 1 B.
Contractor shall retain all stormwater and 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 by the City prior to final acceptance of the project.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and lnformation:
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
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.
WELL 28 WATER TREATMENT FACILTY - CONSTRUCTION
Project 10641 .C
page 7 of 14
18. Audits and Inspections:
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.
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-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 legal advice f rom its attorney's or the opportunity to seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
WELL 28 WATER TREATIUENT FACILTY - CONSTRUCTION page 8 of 14
Project 10641 .C
20. Equal Employment Opportunity:
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request: NEED RETAINAGE LANGUAGE
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project [tlanager 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 Nlanager will
approve the pay request for processing. City of lt/eridian payment terms are Net 30
from the date City receives a correct invoice. Retainage of five percent (5%) of the
current contract value will be withheld from the final pay application(s) until final
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 alltraces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
WELL 28 WATER TREATIVIENT FACILTY _ CONSTRUCTION
Project 10641 .C
page 9 of 14
30. Order of Precedence:
The order or precedence shall be the contract agreement, lhe lnvitation for Bid
document, then the winning bidders submltted bid document.
31. Compllancs wlth Laws:
ln perlorming the soope ol work required hereunder, CONTBACTOR shall comply
with all applicable laws, ordlnances, and codes of Federal, State, and local
governments.
32. Appllcable Law:
This Agreement shall be governed by and construed and enforced ln accordance
with the laws of the State of ldaho, and the ordlnances of the City of Meridian.
33. Notlces:
Any and all notices required to be given by either of the parties hereto, unless
othenrise stated ln thls agreement, shall be ln wrlting and be deemed
communlcated when mailed in the United States mall, certlfied, retum receipt
requested, addressed as lollows:
Either party may change their address for the purpose ol thls paragraph by giving
written notice of such change to the other In the manner herein provided.
Approval Requlred:
This Agreement shall not become etfective or binding until approved by the City ol
Meridian.
CITY OF MERIDIAN IBMINGER CONSTRUCTION, INC.
TAMMY de MAYOR CONGER, President
34.
Dated: 4 -q-zdq
WEIL 28 WATER TREATMENT FAC]LTY - @NSTRUCTION
Ptolect 10641.C
CITY
City of Merldlan
Purchasing Manager
33 E BroadwayAve
Merldlan,lD 83642
208,489-0417
CONTRACTOR
lrmlnger Constrlctlon, lnc.
Attn: Travls Conger
25094 Homedale Rd.
Wllder, lD 83676
Phone: 208€00-9616
Emall: looltravls@gmall.com
ldaho Public Works Llcense #026529
page t0 or 14
o^r"t; J-Ztt
Approved by 4 -g-11
Attest:
C]TYCLERK
Purchaslng Approval
Prolect Manager
Brent Blake
WELL 28 WATER TREATMENT FACILTY- CONSTRUCTON
Prolect 10641.C
, City Engineer
page 11 ol14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW.l918.10641 .C
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-l918-10641.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 Standards for Public Works Construction (SPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
PLANS - Well 28 Treatment Facility by lVlountain
Waterworks dated 1-10-2019 (ss of pases)
WELL 28 WATER TREATMENT FACILTY - CONSTRUCTION
Project 10641.C
o
page 12 of 14
. TECHNICAL SPECIFICATIONS by lvlountain Waterworks
dated 1-16-2019 1+oe of pases)
A
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$944,519.00.
WELL 28 WATER TREATIMENT FACILTY _ CONSTRUCTION
Project 10641.C
MILESTONE DATES/SCH EDULE
Milestone 1 Substantial Completion 150 Days from Notice to Proceed
It/ilestone 2 Final Completion 180 Days f rom Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WELL 28 WATER TREAATN/ENT FACILITY -CONSTRUCTION per IFB PW-1918-10641.C
NOT TO EXCEED CONTRACT TOTAL.$Et4519-00
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities of each item of work in accordance with the contract documents.
Contract Pricing Schedule
Item No.Description Quantitv Unit Unit Price
MOB!LIZATOIN & GENERAL CONDITIONS
1 Mobilization (5%)1 LS $14,241
2 Construction Traff ic Control 1 LS $81 6
3 Storm Water and Erosion Control 1 LS s2,333
SITE IMPROVEMENTS & UTILITIES
4 Clearing and Grubbing/Demolition 1 LS $18,401
5 Asphalt Paving 1 1,000 SF $3.3
6 Gravel Surface 6,300 SF $1.1
7
Landscaping (Tree planting, re-sod, sprinkler
repair/relocation, pavers)1 LS $1 1,234
8 Concrete Flatwork (Sidewalk, Steps, Pads)110 SY $1 01
9 8'Steel Fence 640 LF $64
10 15'Swing Gate 2 EA $3,537
L1 3.5'Swing Gate 2 EA $1,306
72 12" Water Main (Pipe, Valves, Fittings)1 LS $45,129
13 12" Sanitary Sewer 170 LF $a+
t4 S" Sanitary Sewer 50 LF $41
15 4' Dia. Manhole < 10 feet deep 5 EA $2,555
16 4' Dia. Manhole, > 10 feet deep 1 EA $5,5s0
page 13 of 14
17 Air Gap Discharge Structure 1 LS $s,e72
18 Connect to Existing lrrigation Service 1 LS $2,218
19 1 1/2" Water Service Connection (Pipe,
Fittinqs, Valves, Meter)1 LS $6,164
20 6" Water Service Connection (Pipe, Fittings,
Valve)1 LS $10,233
2t Drainage Sump (Storm Swale)1 LS $10,697
22 Misc. Yard Piping (Chemical Feed Conduit,
Pull Boxes, 4" Sewer)1 LS $e,380
23 Curb & Gutter 250 LF $40
24 Valley Gutter 70 LF $41
25 VerticalCurb 360 LF $26
BUILDING
26 Building & Tank Foundations and Floor
Slab 1 LS $77,130
27
Building (incl. Roof, Gutters, Building
Coatings, Bollards, Stairs, Doors, Handrails,
etc.)
1 LS $223,s81
28 Catwalk Framing and Grating 1 LS $39,164
29 Electrical (Site, Building & Equipment)1 LS $53,86s
30 lnstrumentation and Control 1 LS $23,021
31 HVAC Equipment 1 LS $23,940
32 Plumbing 1 LS $31,472
33 Fire System 1 LS $38,817
34 Process Piping and Equipment (Pipes,
Valves, Fittinqs, Coatinq, Supports, etc.)1 LS $29,144
35 Workbench 1 EA $828
36 Wall Cabinet and Sink 1 EA $3,058
37 Chlorine Analyzer 2 EA $6,331
38 Sodium Hypochlorite Metering Pump 1 LS $8,014
39 Sodium Hypochlorite Storage Tank 1 EA $7,651
40 lnstall Filter Equipment (Filter,
lnstrumentation, Electrical, Blower, etc.)1 LS $19,315
4t Well28 Static Mixer (Demolition and
lnstallation for Static Mixer)1 LS $6,e25
42 Startup and Commissioning 1 LS $13,330
BID ALTERNATE 1
BA-1 Pavement and Gradinq Plan (Drawinq C-4A)1 LS $33,913
WELL 28 WATER TREATN/ENT FACILTY _ CONSTRUCTION
Project 10641 .C
page 14 of 14
OATE (MM'DD/YYYY)
3/t8/20L9
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO
REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER.
IMPORTANT lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Post Insurance Services, Inc
P.O. Box 893
tleridian rD 83680-0893
canble
(208) 335-5600 (208) 344-0551
aganble@postins. com
INSURER(S} AFFORDING COVERAGE NAIC #
|NSURERA:Auto Owners Insurance 18988
INSURED
Irm5-ngter Constructron, Inc.
25094 Honedale Rd
WiIder rD 83676
TNsURERB:Idaho State Insurance EUnd 36L29
INSURER C :
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER: 201e-202o REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHO\AN MAY HAVE BEEN REDUCED BY PAID CI,AIMS.
INSR
ITR TYPE OF INSURANCE
AODL
tNch
SUBR
POLICY NUMBER
POLICY EFF
IMM/DD/YYYY}
POUCY EXP
IMM/OD/YYYYI LIMITS
A
x COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE x OCCUR
x 55091, 55373
GEN'LAGGREGATE LII\,tIT APPLIES PER
POLICY x PRO-
JECT LOC
x L44639517 53721L9 3/aL/2019 3/rr/2o2o
EACI.] OCCURRENCE $1,000,000
DAMAGE TO RENTED
PRFMISFS /Fa occlrrence)S 300,000
l\rED EXP (Any one person)$10,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
PRODUCTS - COIVP/OPAGG $2,000,000
Haed & Nonowned Liability $1,000,000
A
AUTOMOBILE LIABILITY
x ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
58504
SCHEDULED
AUTOS
NON-OV1/NED
AUTOS
x
x 4915312700 3/tL/20L9 3 /11, / 2O2O
$1,000,000
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
PROPERTY DAMAGE
fPer accidentl $
Underinsured molorist Bl splil limit $1,000,000
A
x UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-lilADE
497531210L 3/L!/20a9 3/1,1/2O2O
EACH OCCURRENCE $5,000,000
AGGREGATE s 5.000.000
DED RETENTION $s
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
Y/N
(Mandatory in NH)
lf yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
sL9224 r/.t /20L9 r/1/2020
x PER
STATI ITF x QIH-
trR
E.L, EACH ACCIDENT $500,000
E.L. DISEASE - EA EMPLOYEE s s00 ,000
E,L. DISEASE. POLICY LIMIT $500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remrks Schedule, my be attach€d if morc space is Equircd)
RE: weJ-l 28 water Treatoent Eacility
CERTIFICATE HOLDER CANCELLATION
City of Meridian
33 East Broadway Ave
Meridian, ID 83642
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Alyshia cambfe/AL
1
ACORD 25 (2014t011
lNS025 lzotaot;
The ACORD name and logo are registered marks of ACORD
CORPORATION. All rights reserved.
WenJ,t'-
Meridian City Council Meeting Agenda April 9, 2019 – Page 181 of 214
Agency Code 39-0011-00 Policy Number 144639 - 5?7 53727
This endorsement modifies insurance provided underthe following:
COMMERCIAL GENERAL LIABILITY COVEHAGE FOHM.
A. Under SECTION ll - WHO lS AN INSURED, the
following is added:
A person or organization is an Additional lnsured,
only wilh respect to liability arising out of 'your
worko br that Additional lnsured by or for you:
1. lf required in a written contract or agreement;
or
2. lf requircd by an oral contract or agreement
only if a Certificate of lnsur:ance was issued
prior to the loss indicating that the penion or
organization was an Additional lnsured.
B. Under SECTION lll - LIMITS OF INSURANCE, the
ficllowing is added:
The limits of liability for the Additional lnsured are
those specified in the written contract or agree-
ment between the insured and the owner, lessee
or contractor or those spacifed in the Certificate
of lnsurance, if an oral contract or agreement, not
to exceed the limits provided in this policy. These
limits are inclusive of and not in addition to the
limits of insurance shown in the Declarations.
C. SECNON N. COMMERCIAL GENERAL LIABIL]TY
COilDIIIONS, is amended as f,cllows:
1. The following provision is added to tL Otrar
lnsurance:
COMMERCIAL GENERAL LIABILITY
ss373 (1-07)
This insur:ance is primary for the Additional
lnsured, but only with respect to liability aris-
ing out of "your wortn ficr that Additional ln-
sured by or br you. Oher insurance avail-
able to the Additional lnsured will apply as
sxcass insurance and not contribute as pri-
mary insurance to the insurance provided by
this endorsament.
2- The follouring prcvision is added:
OUEr Addltonal lnourod Gouerago bsred By
Us
lf this policy provides coverage br the same
loss to any Additional lnsured specifically
shown as an Additional lnsured in another
endorssment to this policy, our maximum limit
of insurance under this endorsement and any
other endorsement shall not exceed the limit
of insurance in the written conttact or agree-
ment between the insured and the owner, les-
sea or contractor, or the limits provided in this
policy, whichever is less. Our maximum limit
of insurance arising out of an noccurrenceo,
shall not exceed the limit of insurance shown
in the Declarations, regardless of the number
of insureds or Additional lnsureds.
Allother policy terms and conditions apply
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
lncludes copyrighted materialof lnsurarce $eruices Offce, lnc., with its permission
Copyright lnsurancs $ervicas Offce, lnc., 1984, 2fi)3.Page 1 of 1
Meridian City Council Meeting Agenda April 9, 2019 – Page 182 of 214
Agency Code 39-0011-00 Policy Number 49-753'727'0O
s8504 (1-1s)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ !T CAREFULLY.
DESIGNATED INSURED FOR COVERED
AUTOS LIABILITY COVERAGE. BLANKET COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIALAUTO POLICY
SECTION !! . COVERED AUTOS LIABILITY COVER-
AGE is amended. The following provision is added.
Any person or organization is an insured for Covered
Autos Liabilitlr Coverage, but only to the extent that
person or organization qualifies as an insured under
SECTION tI - COVERED AUTOS UABILITY COVER.
AGE, A. COVERAGE, 1. Who ls An lnsured.
All other policy terms and conditions apply.
58504 (1-15) lncludes copyrighted material of Insurance Services Office, lnc., with its permission. Page 1 of 1
Meridian City Council Meeting Agenda April 9, 2019 – Page 183 of 214
@ Svviss Re
Corporate Solutions
CONTRACTOR:
(Name. legal status and address)
Irmingcr Oonstrucdon, Inc,
25094 Homcdalc ltd.
Wildcr, II). 83676
OWNER:
(Nanre, legol status and address)
(.in, of Nlcndian
33 li Broadwal r\vc.
Nlcridian, lD. 83642
CONSTRUCTION CONTRACT
p61s. Apnl 2,2019
Amount: 5910,606.00
Description:
(Name and location)
Wcll 28 Watcr'l rcatmcnt liacility
l)rojcct# 10641.(l
BOND
Date: r\pril 2, 2019
(Not earlier than Construction Contract Date)
Amount: 5910,606.00
Ir.4odifications to this Bond:7lNon.
PERFORMANCE BOND
See Section l6
(Corporate Seal)
SURETY:
North American Specialty lnsurance Company
1450 American Lane, Suite I 100
Schaumburg, IL 60173
Borrd # 2273584
This document has important legal
consequences. Consultation with an
attomey rs encouraged wtth respect to its
completion or modification.
Any singular reference to Contractor,
Surety, Ovmer or other party shall be
considered plural where applicable.
This document combines fwo separate
bonds, a Performance Bond and a Payment
Bond, into one form. This is not a single
combined Performance and Payment
Bond.
-:
CO-N]TR.A{TOR AS PRI NC I PA L
Cdmpam' : Innllgcr ('oustntction' Inc'
Signature Signature:
Name Jaquier
and Title: ,\
OWNER'S REPRESENTATIVE:
(Architect. Engineer or olher party:)
N,\
Name frarrl
and Title: /f S .r-4-
l)ost Insurancc Scruiccs, inc.
'l).(). Box 893
N{cridian, ll) 83680
arhI
(Any additional signatures appear on the last page of this Pedormance Bond.)
(FOR TNFORMATTON ONLY - Name, address and telephone)
AGENT or BROKER:
This Document conforms to the AIA Documenl A3l2t:\t - 2010
-_
SURETY (Corpq'ate Seul| - -
Company: North American Specialty lnsuranio Company
Meridian City Council Meeting Agenda April 9, 2019 – Page 184 of 214
2
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by
reference.
If the contractor performs the construction contract, the Surety and the contractor shall have no obligation under
this bond, except when applicable to participate in a conference as provided in Section 3'
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 Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a
conference, the Surety may, within five (5) business days after receipt of the Owner's notice' request such a
conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees
other.wise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the
Surety,s receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree. the Contractor shall
be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor Default;
.Z the Owner declares a Contractor Default, terminates the Construotion Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4. Failure on the part of the Owner to comply with the notice requirement in Section 3'1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except
to the extent the Surety demonstrates actual prejudice'
5. When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the 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
contraators;
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution
by the Owner and a contractor selected with the Owner's conculrence, 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 of the Contractor Default; or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.l After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notifo the 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
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the 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.
3
2This Documenr conforms to the AIA DocumentA3l2r)r- 20t0
Meridian City Council Meeting Agenda April 9, 2019 – Page 186 of 214
7 lftheSuretyelectstoactunderSection 5.l,5.2or5.3,thentheresponsibilitiesoftheSuretytotheOwnershall not
be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by
the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.l the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal, design professional and delay costs resulting 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 Construction Contract, actual damages
caused by delayed performance or non-performance ofthe Contractor.
8. IfthesuretyelectstoactunderSection5.l,5.3or5.4,theSurety'sliabilityislimitedtotheamountofthisBond.
9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance ofthe Contract Price shall not be reduced or set offon account ofany such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or
its heirs, executors, administrators, successors and assigns'
10.The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
I L Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction ofthe suit shall be applicable.
l2.Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which their signature appears.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
14. Definitions
l4.l Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have been made, including allowance to the Contractor of
any amounts received or to be received by the Owner in settlement of insurance or other claims for damages
to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or
otherwise to comply with a material term of the Construction Contract.
14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms
of the Construction Contract.
14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
l5.lf this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
3This Document conforms to the AIA Document A3 t 211t - 20 t 0
Meridian City Council Meeting Agenda April 9, 2019 – Page 187 of 214
16. Modifications to this bond are as follows:
(Space is prorided below for addilional signatures ofadded parties, other than lhose appearing on the coter page.)
CONTRACTOR AS PRINCIPAL (Corporate Seal) SURETY
Company: Company:
Signature:Signature:
(Corporate Seal)
Name and Title:
Address
Name and Title:
Address
This Doctrment conforms to the AtA Document A3l21L'- 2010 4
Meridian City Council Meeting Agenda April 9, 2019 – Page 188 of 214
@ Swiss He
Corporate Solutions
Bond # 2273584
and Title: r\ttomcy-ln-Fact .-...
Payment Bond.)
CONTRACTOR:
(Nante, legal status and address)
I rmingcr Oonstrr,tctiotr, Inc.
25094 I krmcdalc lld.
Wildcr, ll). 83676
OWNER:
(Name, legal status and address)
(iiq, of N{cndian
33 lJ Broadway Avc.
N{cridian, ID. 83642
CONSTRUCTION CONTRACT
!31s. .\pril 2,2019
Amount: 5910,606.00
Description:
(Name and location)
Well 28 Watcr'l'rcatment Facilit)'
l)roiect # 10641.(l
BOND
psle' .\pril 2, 2019
(Not earlier than Construction Contract Date)
Amount: 5910,6060.0
I,4oclifications to this Bond:[}None l_l st" Section l8
PAYMENT BOND
Signature:
Name MaryJaquier
SURETY:
North American Specialty lnsurance Company
1450 American Lane, Suite I 100
Schaumburg, IL 60173
This document has important legal
consequences. Consultation with an
attomey is encouraged with respect to
its completion or modification.
Any singular reference to Contractor,
Surety, Owner or other party shall be
considered plural where applicable.
This document combines two separate
bonds, a Performance Bond and a
Payment Bond, into one form. This is
not a single combined Perfbrmance
and Payment Bond.
-.- --/
-_ C(-T',.{TBACTO R AS PRINC I PA L
Cor:q:arry: Inntngt'r ( onstrucdon' Inc
SURETY (CorpQrate Setll)
Company: North American Specialty lnsuraroe C-ompany
(Corporate Seal)
Sigrature:
Name ilJ/aa.r
and Title: P.tS
(Any additional signatures appear on the last page ofthis
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER:
Post Insurance Scrviccs, Inc.
l).O. Box 893
\[cridian. Il) 83680
OWNER'S REPRESENTATIVE
(Architect, Engineer or other party:)
Nr\
Tltis Documenr conforms lo the AIA Document A31 2nt - 201 0 5
:'\
Meridian City Council Meeting Agenda April 9, 2019 – Page 189 of 214
l. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms.
2, If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
3. lf 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
l3) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking
payment for labor, materials or equipment furnished 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, indemnifo and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
5. The Surety's obligations to a Claimant under this Bond shall arise after the following:
5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section I 3).
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
satisfu a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
7 .l 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 agreement. If, however, the Surety fails
to discharge its obligations under Section 7.1 or Section 7 .2, the Surety shall indemnif, the Claimant for the
reasonable attorney'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 amount of reasonable attomey'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.
g. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, 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 are dedicated to satisfo 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.
I 0. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to
the Construction 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.
6This Documenr conforms to the AIA Document A3 t 21\t - 20 I 0
Meridian City Council Meeting Agenda April 9, 2019 – Page 191 of 214
I I . The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
lZ. Nosuitoractionshall becommencedbyaClaimantunderthisBondotherthaninacourtofcompetentjurisdiction
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 5.1 .2 or 5.2, or (2)
on which the last labor or service was performed by anyone or the last materials or equipment were furnished by
anyone under the Construction Contract, whichever of(l) or (2) first occurs. Ifthe provisions ofthis Paragraph are
void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
l3. Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on
the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
I 5. Upon request by any person or entity appearing to be a potential beneficiary ofthis Bond, the Contractor and Owner
shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16. Definitions
l6.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 fumished;
.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 Contrac!
.6 the total amount earned by the Claimant for labor, materials or equipment fumished as of the date of the
Claim;
.7 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 furnished as of the
date of the Claim.
16.2 Claimant. An individual or entity having a direct contract 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
applicable mechanic's lien or similar statute against the real property upon which the Project is located' The
intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part
of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work of the Contractor 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 Construction 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.
16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material terms
of the Construction Contract.
16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
7This Document codonns to the AIA Document A3t21\t- 2010
Meridian City Council Meeting Agenda April 9, 2019 – Page 192 of 214
17. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
18. Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
Signature:
Name and Title:
Address
(C o rp orate Seal) SURETY
Company:
Signature:
Name and Title:
Address:
This Docunent conforrns to the A tA Document A 3 I 2ttt' - 2010 B
Meridian City Council Meeting Agenda April 9, 2019 – Page 193 of 214
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY ]NSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty lnsurance Company, a corporation duly organized and existing under
laws of the State of New Harnpshire, and having its principal office in the City of Overland Park, Kansas, and Washington International Insurance
Contpany, a corporation organized and existing underthe laws of the State ofNew Hampshire and having its principal office in the City of Overlancl
Park, Kansas, each does hereby make, constitute and appoint:
TERRY S. ROBB, WILLIAM F. POST, and MARY JAQUIER
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its act and deed, bonds or other writings
obligatory in the nature ofa bond on behalfofeach ofsaid Companies, as surety. on contracts ofsuretyship as are or may be required or permitted by
law. regulation. contrast or otherwise, provided that no bond or underlaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTv MILLION ($50,000,000.00) DOLLARS
This Power olAttorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held
on the 9th of May,20l2:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President.
the Secretary or any Assistant Secretary be. and each or any ofthem hereby is authorized to execute a Power ofAttomey qualifying the attorney named
in the given Power ofAttorney to execute on behalfofthe Company bonds, undertakings and all contracts ofsurety, and that each or any ofthem
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal olthe Company may be affixed to any such Power olAftorney or to any
cerlitlcate relating thereto by tacsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company wherr so aflxed and in the luture with regard to any bond, undertaking or contract of surety to which it is attached."
By
StcvcnP,Anderson,SeniorVicePrcsidcnt oIWashingtonlntcrnationsllnsursnccCompany
& Senior Vice Prcsidcnt of North Amcrican Spccialty Insurancc Company
Bv
Michrel A, ll;.
& S.nior Vice Prcsident ofNorth Ameilcan Specialty lnsurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Cornpany and Washington lnternational
of-ficial seals to be hereunto affixed, and these presents to be signed by their authorized oflcers this 5TH day
North American Specialty Insurance Company
Washington International lnsurance Company
State of nlinois
County olCook
Jeffrey Coldberg,
Washington International
Insurance Company
Of FEBRUAR
have caused their
Y
SS
20 l8
Vice Presidcnt & Assistot Secretary of
Insumce Compmy & Nonh Amerrcm Specialty Insuroce Compuy
On this 5TH day of FEBRUARY 20 l8 , before me, a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington International lnsurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A, lto ,
Senior Vice President ol Washington International Insurance Company and Senior Vice President of North American Specialty tnsura*e
Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Afiorney as officers of and
acknowledged said instrument to be the voluntary act and deed oftheir respective companies.
l. Jei'tiev Coldberg . the duly elected Assistant Secretary of North American Specialty lnsurance Company and Washington
lnternational lnsurance Conrpany, do hereby certify that the above and foregoing is a true and correct copy ofa Power ofAttorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2 day of April ,20 19
SEAL
1973 SEAL
rl lllirroir
M, XENNY
Fublic
"eZ***-
.*,T\ -\ \, i ,* .u. . ..
M. I(enny, Notary Public l'.,
Meridian City Council Meeting Agenda April 9, 2019 – Page 194 of 214