HomeMy WebLinkAboutStaker and Parson Co, DBA Idaho Merterial and Construction -Eagle Road Repairs Project #10912.a Public Works ConstructionCONTRACT FOR PUBLIC WORKS CONSTRUCTION
EAGLE ROAD REPAIRS
PROJECT # 10912.a
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this l4thday of
May,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 "C|TY", 33 East
Broadway Avenue, Meridian, ldaho 83642, and Staker & Parson Companies, dba ldaho
Materials & Construction, hereinafter referred to as "CONTRACTOR', whose business
address is 924 N. Sugar Street, Nampa, lD 83687and whose Public Works Contractor
License # is C-11916.
INTRODUCTION
Whereas, the City has a need for services involving asphalt road repair; 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
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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 other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the Gity'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 $69.983.
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.
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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. Termination:
4.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations underthis 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 shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the 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.
5. lndependent Contractor:
5.1 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.
5.2 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.
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5.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in 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.
6. Sub-Contractors:
Contractor shall require that allof its sub-contractors be licensed per State of ldaho
Statute # 54-1901
7. 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.
8. lndemnification and lnsurance:
8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
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 specifically
agrees that it will maintain. throughout the term of this Aqreement. liability
insurance. in which CITY shall be named an additional i red in the minimum
amounts as follow: Genera! Liability One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One ltlillion 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
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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 lvleridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
8.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
8.3 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.
8.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected off icers, 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.
8.5 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.
8.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
8.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
9. 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 shallconstitute a breach of, and
a default under, this Agreement by the party so failing to perform.
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10. Bonds
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplementa! 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.
11. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be 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.
12. 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.
13. 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.
14. 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
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address : http ://www. merid iancity.oro/envi ron mental. aspx?id= 1 36 1 g.
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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 priorto final acceptance of the project.
15. 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.
16. Reports and lnformation:
16.1 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.
16.2 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.
17. 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.
18. 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.
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19. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shal! 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.
20. Employment of Bona Fide ldaho Residents:
21. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. !t has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
22. 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 shall survive any default, termination or forfeiture
of this Agreement.
23. 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.
24. 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.
EAGLE ROAD REPAIR _ IDAHO MATERIALS & CONSTRUCTION
Projecl10912.A
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Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents.
Meridian City Council Meeting Agenda May 14, 2019 – Page 90 of 231
25. 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.
26. 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.
27. Payment Request:
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 approvalthat 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 will be withheld from the final pay
application(s) untilfinalcompletion has been met and releases from both the ldaho
Tax Commission and Surety have been received by the City.
28. 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.
29. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
30. Compliance with Laws:
ln performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
31. 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.
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32. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
City of Meridian Idaho Materials & Construction
Purchasing Manager Attn: Pete Wilson
33 E Broadway Ave 924 N. Sugar St.
Meridian, ID 83642 Nampa, ID 83678
208-489-0417 Phone: 208-941-4088
Email: pwilson@idahosand.com
Idaho Public Works License #PWC -C-11916
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.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN
BY:
TAMMY RD, MA
Dated: GJ' -14 - 2-01
Approved-bxCouncil: 'E -14 - '2O L
CHRIS JO0I`4$ON, INTERIM CITY CLERK
Purchasing Approval
BY:
KEITH ATTS, Purchasing Manager
Dated:. 5- 2. - 1
Project Manager
Al Christy
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CONSTRUCTION
BY:
Dated: 1A\10\\i
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EAGLE ROAD REPAIR - IDAHO MATERIALS & CONSTRUCTION page 10 of 12
Project 10912.A
EXHIBIT A
SCOPE OF WORK
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
PLANS NATUE BY CIVIL SURVEY CONSULTANTS, INC.
dated 21712019 1s ot pages)
. SPECIAL PROVISIONSffECHNICAL SPECIFICATIONS
BY CIVIL SURVEY CONSULTANTS, lNC. dated Date
21712019 (zs of pages)
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Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $69,983
EAGLE ROAD REPAIR _ IDAHO MATERIALS & CONSTRUCTION
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MILESTONE DATES/SCHEDULE
It/ilestone 1 Substantial Completion 14 Days from Notice to Proceed
Milestone 2 Final Completion 44 Days from Notice to Proceed
PR!C!NG SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
above named project per the referenced plans and specifications.
NOT TO EXCEED CONTRACT TOTAL.$09J83
Contract is a not to exceed amount. Line item pricing below will be used for invoice verilication and any
additional increases or decreases in work requested by city.
Contract Pricing Schedule
Item No Description Unit Unit Price
1 lvlobilization LS $5,175.00
2 Traffic Control & Lights LS $10,250.00
3 tulill Existing Asphalt SF $1.75
4 Asphalt Paving SF $3.70
5 Striping $1,495.00
5 Erosion Control & Sweeping LS $3,250.00
page 12 ol 12
LS
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PERFORMANCE BOND BOND NO. 9317833
KNOW ALL BY THESE PRESENTS, That we,
Staker & Parson Companies dba ldaho Materials & Construction inafter called the Principal),
as Principal, and _ Fidelity and Deposit Company of Marytand . a corooration
Duly organized under the laws of the State of lllinois {hereinafter called the Surety), as Surety, are held and firmly
bound unto Citv of Merrdian
(hereinafter called the Obligee), in the sum of Sixty-nine Thousand Nine Hundred Eighty-three And Nol10O
$69.983 00 Dollars, for the payment of which sum well and truly to be made, we, the said principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Signed and sealed this 7lh day of 2019
wHEREAS, said Principal has entered into a written contract with said obligee, dated
.-- Asphalt Road Repairs - Project 10912.ATOr
5t7t2019
in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth
herein:
NOW, THEREFORE, THE CONDITION OF TH|S OBLIGATION lS SUCH, That if the above bounden Principal shall well and truly keep, do
and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said principal
kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to
the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said
Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect.
NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within
(2) years following the date on which Principal ceased work on said Contract.
dba ldaho Materials & Cons,"r.rrcti-u0
and of
Nipper.
-
Meridian City Council Meeting Agenda May 14, 2019 – Page 95 of 231
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Meridian City Council Meeting Agenda May 14, 2019 – Page 96 of 231
PAYMENT BOND
KNOW ALL BY THESE PRESENTS, That w
BOND NO. 9317833
Staker & Parson Companies dba ldaho Materials & Construction
as Principal, hereinafter called Principal, and
Fidelity and Deposit Company of Maryland Corporation, as Surety,
hereinafter called Surety, are held and firmly bound unto
as Obligee, hereinafter called Owner, for the use and benefit of Claimants as herein defined, in
the amount of Sixty-nine Thousand Nine Hundred Eighty{hree And No/100 Dollars $69,983 00 for the
payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, Principal has by written agreement dated 517t2019 entered into a contract with Owner for
Asphalt Road Repairs - Project '10912.A
Now, THEREFORE, THE CONDITION OF THIS OBLIGATION lS sUCH, That if the Principal shall promptly make payment to alt claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used
or reasonably required for use in the performance of the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined, who has not
been paid in full before the expiration of the period of ninety (90) days after the date on which the last of such Claimant's work or labor was done
or performed, or materials where furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final
judgment for such sum or sums as my be justly due claimant, and have execution thereon-
3. No suit or action shall be commenced hereunder by any Claimant
a) Unless Claimant, other than one having a direct Contract with the Principal, shall have given notice to any two of the following: The principal, the
Owner, or the Surety above named, within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the last
of the materials for which said claim is made.
b) Aftertheexpirationof one(1.) yearfollowingthedateonwhichPrincipalceasedworkonsaidContract. lftheprovisionsof paragrapharevoidor
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any
part thereof, ,s situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not
elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder
Signed and sealed this 7th day of
dba ldaho Materials & Construction
Principal
B
Fidelity and Deposit Company of Maryland
By
a llltnots
City of Meridian
Linda
Meridian City Council Meeting Agenda May 14, 2019 – Page 97 of 231
Meridian City Council Meeting Agenda May 14, 2019 – Page 98 of 231
Statc of
County'of
UT
Salt Lake )ss:
On tvtay 7,2019
therein. duly comntissioned ancl sworn, lrrsonally apparecl
, betirre lne, a Notary Public in and firr said County and State. residing
Linda Nipper
kn<twn to rne to be Attorney-in-Fact of Fidelity and Deposit Company of Maryland
the corpxrratitln descrihed in and that executed the rvithin and firregring instmment. ancl known to nte to be the prson who executed
the said ittstrumetrt in behalt of the said ctlrgtration, and he cluly acknowledged kl me that such corporation executed the same.
IN wlrNESS WHEREOF-. I have hereunro ser rny hand and afllxed mv ofllcial seal,and yeir stated in this cefiificate aktve.
My Conurission Expires 3t13t2023
Lisa Hall Notary Rrblic
LISA HALL
Notary Public
State of Utah
My Commission Expires March 13, 2023'
Commission Number 704231
Meridian City Council Meeting Agenda May 14, 2019 – Page 99 of 231
ZT]RICII ANI ERI(JAN INSTJRANC-Ii C(}}'I PANY
(:()LONIAI, ANIF],RICAN CASt]ALTY AND SURETY CO:!'PANY
FI DE I-ITY AIi D DE PoSIT ('OM PAN \' OF }'I,{RY LANI)
PO\\ER 0F ATTORNEY
KN()\V;\1.1.\{l:Nt}y I.t luslrl,Rt:St:}iTS:.l"hartheztitU(:llAl\,1liR[(IANINSIlRANC'l:CONIPANY..rcorporati()nol'lheStateot'Ne$
York. the (.()1.()NIAI_:\\lllRICAN ('ASllAl-tY ANI) SURI;TY ('Ol\1PANY. a ctrrporalirxr o{'the state ol'lllirrois. and thc FII)[][-lTY
ANi) I)l:1,()sll (.olvlpANy ()lj NIARYI-ANI) a c()rporation 0l'the State ol' lllinois (lrerein c0llectivelv called the "compatries"). b1
antl appoinr 'fina l):rvis, l.isa llall, Lindscl Plnttncr anrl Linda Nippcr, all of Salt Lakc (iit1', titah. EAClIl, its lrue and larrltrl agerrt antl
:\ttorne1-in-t:act.10 n1ilke. e\ecutc. seal and tlelirer. lirr. and on its hehall'as srtrelr. alld its its act and deetl: an) and all bonds and
zr.Rl(.ll A\illRI('AN INSLtRAN( lr ('()\ll,ANy ar its ol'tice in Ner York. Neu York.. the regularll elected ol'licers rtl'the ('ol.()NIAI-
Irll)l:t_t'l y ANI) Dl:I,()SIl'COi\lt'AN\- oF NIARYt.ANI) ur its olilce in o$.ings lvlills. Nlaq,land.. in thcir o\\n pr()per persorls.
the Br-l-aus ol'said ('ontpatries. atrd is nttrr itl lirrce.
ZI.]RICII A}IERI('AN INSTTRAN(,8 (]ol\,tPA\\" ('oLONIAI, A}IERICAN CAST;ALTY AND ST]RI'-TY (]oNtPANY' ANd
lilDEt-lTy AND DItp()SlT ('()NIPA\Y OF XIARYLANI). this (ir'rlur 01'l\'larch. A.l). l0l9'
ATTEST:
7-TJ RI (' II A i\,I E RICA N I NSt] RA N (: E (:O J\I PA N Y
(:()I,ONIAI, Ai\I ERICAN C'ASTJAI,TY AN D SIJ RETY COi\'II'A\Y
FII)E I,ITY AN I' I)EPOSII' (:oiVT I'ANY 0F ]\{ARY I,AN I)
IJ.t : Rttht'rt D. 7lurru.t
l'icc ['rt'sidcnt
..
l).t: l)uvn l'.. Bxtrtt
Sc('r'('1.r1'l'
Statc 0f \'t a rl lantl
(,'ount1' of llaltimorc
lN lLS.lll\,lONYUllHtlrOI-'. Ihavcltercurrtos!.trnlhandarrdrtlhcdrnlOtlicial Seal thcdallnrl yetrfirstlthoveurittcn.
G" "A-".-{3,l}^-a,r^/
('()nstancc A. I)unn. Notarl' I'ublic
i\,11 ('omrnission lrrpircs: Jull 9. ?019
Meridian City Council Meeting Agenda May 14, 2019 – Page 100 of 231
EXTRACT FROM BY.LAWS OF THE COMPANIES
"Article V. Sectiotr 8. Altornets-in-Fact. The (.'hiel'Ixecuti\.e ()l'llcer, the President. or anv l]xecuLire Vice l,residerrt or Vicc Presitlent
time."
CERTIFICATE
[. the undersigrred. Secretan of the ZIiRI('ll A\ll:RI('AN INStTRAN('t] (lo\lPAN\'. the ('OL0NIAL AI\II,RICAN ('AStIAI.TY
ANI) StlRI:TY (lON'{pANY" and the III)I:l.lIY ANI) DLPOSIT (lo\,lPANY OI: \4ARYLAND. tio herehl,cerril'\.thar rhe tirregoirrg
[.arts ol'thc (."orrrpanies is still in lirrce.
lacsinrilc signature and seal shall bc r,alid and hinding on llre Conrpanr,."
I)irectors ol-the ('()I.ONIAL ANIIIRI(IAN ('AStTALTY AND S(iRIlT"\'(-()\,lPANY at a nrcetirrg dull callecl antl held on the 5rh da]- ol'
nreeting dull called ond held on thc I 0th dar ol'N{av. I 990.
as {}r(iuglr manualll al'llxed.
IN TI:STI\{()NY WllllRI:OF. I hale hereunto suhscribed lry nanrc and al'lixed the corpolate seals ol'the said ('orrrpanies.
this 7th dal ol' May . 2019
ilj;;"u( llt$a*'
B):l)r'iarr 1\1.IIotlges
Vicc'l)rcsirlent
TO REPoRT A CLAIj\T WITH REGART' TO A SI.JRETY BOND, PI-I]ASE SUBNIIT A CONIPLETE DESCRIPTION
OF'I'HE CLAINI INCLT,IDING THE PRINCIPAL ON THE BOND, THF-] BOND NUMBER, AND Y0TIR CONTACT
lrr-FORMATION TO:
Zurich Surety Clairns
1299 Zulich \Vay
Schaunrbure. IL 601 96-1056
\\'wlv. reD0t'tslL la
tt00-616-45 77
strilzuric hna.conr
!0e0
Meridian City Council Meeting Agenda May 14, 2019 – Page 101 of 231
DATE (i,lM/DO/YYYY)
THIS CERT]FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGTITS 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 CONSTTTUTE A CONTRACT BETWEEN THE ISSUING TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certilicate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
II SUBROGATION IS WAIVED,
this certiticate does not confer
subiect to the terms and conditions of the policy, certain policies may require an endorsement, A statement on
rights to the certificate holder in lieu oI such endorsement(s).
PRoDUcER Liberty Mutual lnsurance Co. National lnsurance East
2000 Westwood Dr.
Wausau, W154401
www. LibertyMutual.com
CONTACT
NAME:Valerie Reece
3-867-3822
INSURER(S) AFFORDING COVEBAGE NAIC #
rNsuRER A: Liberty Mutual Fire lnsurance Company 23035
INSURED
Staker Parson Comoanies (100-NAP)
DBA ldaho Materialb & Coristruction '
924 N. Suoar Street
Nampa 1D"83687
rNsuBER B : Liberty lnsurance Corporation 42404
INSURER C :
INSUBER D
INSURER E :
INSURER F:
CERTIFICATE OF LIABILITY INSURANCE
A
A
COVERAGES 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. NOTWITHSTANDING ANY HEQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TYPE OF INSURANCE INSD wvD POLICY NUMBER
POLICY EFF
{MM/DDATYYY}LIMITS
EACH OCCURRENCE $ 2,000,000
$ 250,000
MED EXP (Any one person)$ 50,000
PERSONAL & ADV INJURY $ 2,000.000
GENEHAL AGGREGATE s 2,000,000
PROOUCTS. COMP/OP AGG $ 2.000,000
A COMMERCIAL GENEBAL LIABILITY
Primary/Non-Contributory
Separation of lnsured
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO.JECT I I
CLAIMS.MADE OCCUR
LOCPOLICY
TB2-C81 -004095-1 1 8
XCU Coverage lncluded
911t2018 9/1t2019
$
$ 2.ooo.ooo
BODILY INJURY (Per person)$
BOOILY INJURY (Per accidenl)$
$
A
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON.OWNED
AUTOS ONLY
AUTOMOBILE LIABILITY AS2-C81 -004095-1 28
AS2-C81 -054502-528
Physical Damage only:
Comprehensive Ded $1 0,000
Collision Ded S10.000
9t1/2018
9t1/2018
9t1t2019
9t1t2019
$
EACH OCCURRENCE $UMBBELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS.MADE AGGREGATE $
DED RETENTION S $
PER
STATUTE
OTH.
FR
E.L. EACH ACCIDENT $ 1.000.000
E.L. DISEASE. EA EMPLOYEE $ 1 noo ono
B
EMPLOYERS' LIABILITY
N/A
wA7-C8D-004095-028
All except OH, ND, WA, WY
wc7-c81-004095-018
WI, MN
911t2018
9t1/2018
9t1t2019
9t1t2019
E.L. DISEASE - POLICY LIMIT $ 1,000,000
DESCBIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additlonal Remarks Schedule, may be attached it mor6 spece ts required)
RE: Eagle Road Repairs Project 10912.a
City of Meridian. is listed as a:dditional insured with regards to the general liability and automobile liability policies,
where required by written contract.
HOLDER
ACORD 2s (2016/03)
@ 1988-2015 ACORD CORPORATION. Ail rights reserved
48371210 I LM_44 | .9/lA-9/19 - Standard 2/2
The ACORD name and logo are registered marks of ACORD
Excess I Co.nie Myszka 4/26/2A19 5:50:34 pM (CDT) I page 1 of 1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIBATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PBOVISIONS.
Citv of Meridian
Puichasino Deoartment
33 E Broadwai Ave Ste
Meridian lD 83642
106
futieV Zuez
AUTHOBIZEO REPRESENTATIVE
ANYPROPRIETOR/PARTNEFi/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandalory in NH)
lf yes, describe undsr
DESCRIPTION OF OPFRATIONS hal^w
ffi
Valerie Reece
Meridian City Council Meeting Agenda May 14, 2019 – Page 102 of 231