HomeMy WebLinkAboutC H Spencer LLC Well 20B Pumping Plant Replacement Project #11028.c Public Works ConstructionCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WELL 20B ASSESSMENT & RECONSTRUCTION —
PUMPING PLANT REPLACEMENT
PROJECT # 11028.c
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 26 *
day of June , 2019, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and C H Spencer, LLC
hereinafter referred to as "CONTRACTOR", whose business address is 3600 East Newby
St. Nampa, ID 83687 and whose Public Works Contractor License # is C -031433-B-4.
INTRODUCTION
Whereas, the City has a need for services involving Well 20b Assessment &
Reconstruction — Pumping Plant Replacement; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
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Project 11028 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 otherwarranties, 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 $52,399.00.
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 additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (bj or uniess 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 Contractordefault in the performance of thisAgreementormaterially
breach any of its provisions, city, at city's option, may terminlte this Agreement bygiving written notification to Contractor.
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Meridian City Council Meeting Agenda June 25, 2019 – Page 207 of 348
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 shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the clrY for damages sustained by the clrY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhotd 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 Gontractor:
5.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither coNTRACTOR nor any officer, employee
or agent of coNTRACToR will be deemed an employee of clry. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY
5.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
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Project 1 1028 c
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Meridian City Council Meeting Agenda June 25, 2019 – Page 208 of 348
5.3 Contractorshall 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:
7. Remova! of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled forwork
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
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 specificallv
aqrees that it will maintain. throuqhout the term of this Aoreement, liabilitv
insurance, in which the CITY shallbe named an additional insured in the minimum
amounts as follow: General Liability One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless clTy; and if clTy
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemniff and save and hold harmless
clrY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costi 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,
Well 20b Pumping Plant Replacement
Pro.lect 1 '1028 c
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Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
Meridian City Council Meeting Agenda June 25, 2019 – Page 209 of 348
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
GITY 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 Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
8.2 lnsurance is to be placed with an ldaho admitted insurerwith 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 orself-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.
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
Contracto r a nd Contractor's agents, representatives, em ployees 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 shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
10. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Well 20b Pumping Plant Replacement
Project 11028 c
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Meridian City Council Meeting Agenda June 25, 2019 – Page 210 of 348
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 Cig'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 clrY 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
add ress: http.//www. merid ia ncitv. orq/environmenta l. aspx?id = 1 36 1 g.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspeCtions and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EpA iorm
Well 20b Pumping Plant Replacement
Poect 1'102E c
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Meridian City Council Meeting Agenda June 25, 2019 – Page 211 of 348
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. AGHD:
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 Contracto/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 ClrY 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 clry 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 clrY 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
19.
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 clTy 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.
Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the civit Rights Act, Revenue sharing Act rite gi, u.s. cooe
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Prolect 1 1028.c
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Meridian City Council Meeting Agenda June 25, 2019 – Page 212 of 348
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
atfiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlavufully 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:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents.
21. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt 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. GonstructionandSeverability:
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 compretion.
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.
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
Well 20b Pumping Plant Replacement page g of 12Project 1 1028.c
Meridian City Council Meeting Agenda June 25, 2019 – Page 213 of 348
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 Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Prolect 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
untilthe 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 all traces
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:
32.
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.
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
Well 20b Pumping Plant Replacement
Project 11028.c
page 9 of 12
Meridian City Council Meeting Agenda June 25, 2019 – Page 214 of 348
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
City of Meridian CH SPENCER, LLC.
Purchasing Manager Attn: Deva Coopamah
33 E Broadway Ave 3600 East Newby Street
Meridian, ID 83642 Nampa, ID 83687
208-489-0417 Phone: 208-442-6407
Email: DCoopamah@chspencer.com
Idaho Public Works License #C -031433-B-4
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN
BY:
TAMMY dl E RD, MAYOR
Dated: (o -As- d q
Approved by Council
s0
0
OtN of
�E IDIAN&-
HO
K
SEAL
Purchasing Ap va �Rerthe TREP6'
BY: /
KEIT T rchasing Manager
Dated:_ CO 2 0 - 1 q
Project Manager
Kyle Radek
Well 20b Pumping Plant Replacement
Project 11028.c
CH SPENCER LLC
BY:
_ 40
DEVA COOPA AH
Dated: J-
( -/v= '&K JJ2
- .. Zr11 1
BY:��v���TCity
W REN STEWA Engineer
Dated: 61zcll'f
page 10 of 12
EXHIBIT A
SCOPE OF WORK
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho sfandards for Public works construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
lnstall Stainless Steel pump at Well 20b.a
Well 20b Pumping Plant Replacement
Prqect 'l 102E.c
See Additional Attached Documents:
a CH Spencer LLC Quote dated 513112019 (1 pg.)
page11of12
Meridian City Council Meeting Agenda June 25, 2019 – Page 216 of 348
A
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$s2,399.00.
MILESTONE DATES/SCHEDULE
Milestone 1 FinalCompletion 90 Days from Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
Well 20b Pumping Plant Replacement.
NOT TO EXCEED CONTRACT TOTAL.......s.52,399.00
Contract is a not to exceed amount. Line item pricing below witl be used for invoice verification and any
additional increases or decreases in work requested by city
Contract Prici ng Schedule
Item No.Description QuantiW Unit Unit Price
1 Mobilization LS 1 $2,330.00
2
Goulds 11CMC s-stage vertical turbine pump
with 8.0625'-trim impellers with all stainless
steel components
EA 1 $31,1E0.00
3
8'#304L stainless steel vertical turbine
product-lube pump column with stainless steel
couplers, I1416 stainless steel 13/16" line shaft,
and stainless steel bearing retainers with water-
lubricated bearings
FT 60 $10,880.00
4 8'#3041 stainless steel threaded suction pipe FT 10 $1,440.00
$660.0058" #304 L stainless steel threaded conical
strainer EA 1
o 1" SCH80 PVC threaded flush-joint monitor
tube FT 140 $270.00
7 112" PEX tubing monitor tube FT 70 $30.00
8 Discharge head EA 1 $0.00
I
Stainless steel column-to-discharge head
adapter from 10" buttress thread in existing
discharge head to new 8" column buttress
thread
LS 1 $1,860.00
'10 Miscellaneous adapters and fittings to
assemble new pumping plant as needed LS 1 $320.00
11 lnstallation of pumping plant labor HRS 10 $2,3s0.00
12
lnstallation of existing refurbished 250-HP
motor including transport from Layne of ldaho
shop
LS 1 $1 099.00
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Project 11028.c
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Meridian City Council Meeting Agenda June 25, 2019 – Page 217 of 348
Document A3 12rM - 2O1O
Conforms with The American lnstitute of Architects AIA Document 312
Pertormance Bond Bond Number: K15375814
OWNER:
(Name, legal status and address)
City of Meridian Public Works Department
33 East Broadway Ave.
Meridian, lD 83642
CONSTRUCTION CONTRACT
Date: 6/10/2019
Amount: $s1,880.00
Description: (Name and location)
Stainless Steel Pumping Plant and lnstallation Meridian Supply Well #20-B
BOND
Date: 611912019
(Not earlier than Construction Contract Date)
Amount: $51,880.00
CONTRACTOB:
(Name, legal status tmd address)
CH Spencer LLC
'1075 S Pioneer Road
Salt Lake City, UT 84104
SURETY:
(Name, legal status and principal place oJ business)
Westchester Fire lnsurance Company
436 Walnut Street
Philadelphia, PA 19106-3703
State of lnc: Pennsylvania
See Section l6
SURETY
Company: (Corporate Seal)
Westchester Fire lnsurance Company
This document has important legal
consequences. Consultation
with an attorney 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.
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
CH Spencer
(Corporate Seal)
liEa ee\er
Signature:
Name
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER: OWNEH'S REPRESENTATTVE
Marsh USA fnc. (Architect, Engineer or other party:)
445 South Street
Morristown, NJ 07962
@
AIUS/A WHEELER
rcTART PUALE STAIE OF UNT
MyCornr.EA0srcin0?ln
Commissi:n l7O2l91
Signature:
Name 4i
And Title: LfediV .kyl,lUrrY And Title: Francesca Papa' Attornev-in-Fact
(Any odditional signatures-appear ol{the last page of this Peformance Bond)
Atf
I-il Nor" l-_l
Meridian City Council Meeting Agenda June 25, 2019 – Page 218 of 348
$ 1 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.
$ 2If 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.
$ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after
.1 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 discr.rss 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
otherwise, any conference requested underthis 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;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
$ 4 Failure on the part 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 Anange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
$ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
$ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion ofthe Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, 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:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable
after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
$ 6 Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be
in default on this Bond seven days after receipt of an additional 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.
Meridian City Council Meeting Agenda June 25, 2019 – Page 220 of 348
$ 7 If the Surety elects to act under Section 5 .l , 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall 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.1 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
danrages caused by delayed performance or non-performance of the Contractor.
$ 8If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
$ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any 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.
$ 11 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 of the
suit shall be applicable.
$ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
$ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not
as a common law bond.
$ 14 Definitions
$ 14.1 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 orotherwise 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 termsof the Construction Contract.
$ 14'5 Contract Documents. All the documents that comprise the agreement between the owner andContractor.
$ 15 Ifthis Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in thisBond shall be deemed to be Subcontractor and the term owner shall be deemed to be Contractor.
$ 16 Modifications to this bond are as follows:
Meridian City Council Meeting Agenda June 25, 2019 – Page 221 of 348
(Space is provided belowfor additional signatures ofadded parties, other than those appearing on the cover page.)
CONTHACTOR AS PBTNCIPAL SURETYcompany: (corporate sear) company: (corporare sear)
Signature:
Name and Title:
Address \iu
turle ?6nr;r,r lA 9Lt,
u'ltnt*'rr
iHt[trq
Name and Title:
Address
AILISA WHEETER
IIOTARY PUBI.IC €TATE OF UNH
My Comnr. &p O9/OS/2022
Conrmbeion I ?O21gl
Meridian City Council Meeting Agenda June 25, 2019 – Page 222 of 348
EHL'EIEI
Power of Attorney
Westchester Fire Insurance Companl, I ACEAmerir:n lrsuranceCompny
Ihow AII by These presents. rhar WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERTCAN INSURANCE COMPA].IY corporations of rhe Commonrealth ofPennsylvania. do each hereby constitute and appoint Theresa Gira Terry Ann Gonzales-n, James p. Ho Mariya Leonidov,
ldo,'Selma lland,Annette M. Leusch ner, Robert p McDonough, William G. Morrissey, Vincent Moy, Migdalia Otero,Francesca Papa andGlenn Pelletiere of N ew York, New yor
il#J#"j[1['i]i;:::f"il:,fltHr.uji:r:m:r*::iffij:it#rxsr::Ji"tj*r,xt,fl;:ff;xd:iin,he c.use "rb*i";;;;i
I#ffi:"HilTf#'I:}jftlffi,Hj:R{NCE CO}IPANI'and '{cE AuERrca\ rNSLR{\CE co}rpA\y have each execured and anested these presents and affrxed their
A*,r,^p[\,f,)&usr-\-n. er*ots(
lh'.,.n \l {hk{..s. lsis-nrt:ttrerlry
Given under mJ hand and seirls of said Companies ar \4.hirehouse Srarion, .v. rhis
ffi€ ,ffi€$
Strphen \l ll.rn$. \'i(r [,r€NJLrt
dull s*om' did depme and sa1 that sno it 'l'sirtani io.'.""t"o'rrorrrarralrsR Frfi-iGi"ii\'ce corrpi"-r.ina iliil;;a INSLR\\cE .o\rpA\y anti knows the
STITE OF NEU JERSEY
Count! ofllunterdon is
\otarial Scal
({) llnch ot the Chairrun, rhe presrdent and the lrce Presdenr, oI the Compan)is herebt aurhorzed. for and on behall ofrhe Compntry, r0 n nrlmg Io any orher ollicer ol rhe
Compan] the authontJ to e\sute. for and on brhrl, of rhe Companl. under rhe Companl s *al or otheru t*- such \\ntren Commtrmenb of the Companl as are jpecllied in luch
$ nttetr dehgaron, s hrch spcof otrcn ruv br b1 general Ope or ch$ of llntten Commtlments or b_\spetficztrcn of oneor
delegare
more pamcuhr \lnlten Commfimenb.(5 ' the jgnalure of an1 oflicer or other permn e\(uttngJny llnlten Commlmnt or appomrmenr or delegaft)n pursuanr to thb Rerclunon. and the *al ofthe Compan1.. may be aflired br
hcinule on such \trnten Comnment or nntren appontment or delegatonTLRTHER RESOLTED. rh3l the Ibregomg Re$lulon shall nor bedemedtobeil e\clust! e 5ratemen of the [[sers and autmrit! ofolficeD,emploles Jnd orher perilns to aC1 for and on behalfof
the Companl. antl ;uch Resfurnr 5hall not limtr or mhem M alL{ rhe e\erc(r ol anl such poteroraurhontl otheruE !aldl) granted orI, Da*n \1. Chloros. Assistant Secreran of\ ESTCT{ESTI.R FIRE I.\SLR{ttCE Co!tp..t\t and tCE AUERICAN INSL R\.\CE COIIp.\\-! (the .'(ilmpanres..)
do herebl certifl thar
r ested
(i) the fbregoing Reiolutions adopted b) the Board ol Direooru of the Comp:rnies are true. corlect(ii) the lbregoing powerol'Anome)is true. corret.t and in full force :rnd
IGTHERINE J. ADELA^E\otARY PUBI-E oF Nglt, "resayNo.23t@5Cmr6tE E4, aB JLty t 6. 2O1g
Re'sotutbns arJ,pted b1 the &,ards or Dire.,o^ or rl ESrclrESrF.R .fili[1111H?Xuu..,,,on December lt.20O6: ACE.{ltERlcAt'll I}SLR{\CE Co}tpr\_t.on Uarch 20.
(2) EJch dult ap^)ntcd ltiomc],n-lact of the compJtrr Is herebt aurhoroett m er<ute aol n naen commrmenr for and on beharr of the t
compan] as mar bc rpecrrpd rn smh w"*.r;;;;;;.;;,.h,p..,fi.;;;.il,il,r, ffXlH. "r.r"* rr o*[".irrrin,#,i;,."1, o, specifcarot or one ,r mrre pamcular
\\ ntren Commlmen6.
ffi
and in fullforce:rnd effeo,
/q J2//
C0ulr-\\.Q}1fsrc(
TLTHEN'NCITITHEI\E\ E\'T YOt 'rot{ lsH \TRI}'Y ]'HI ,THISOF ORBO\D \O'TIFI LS ot'.r\-t O'THTR \[\'mER.PLE-ISE COf iT \CT ,17LS
WFIC- AA|C {rev 08-18)
Itlr n \l ('hl(rir .Lrsist;I.!I \r,r{ltry
@
Meridian City Council Meeting Agenda June 25, 2019 – Page 223 of 348
WESTCHESTER FIRE IiISURANCE COMPANY
STATEI'EI{T OF ASSETS, LIABTUNES AND SURPLUS TO POUCYHOLDERS
Statutory Basis
DECEtaER 31,2018
(in thousands)
/4SSEIS
Cash and Shorl Tenn lnvcslrEntg
United Stdes Governmenl, Slate
aM Municipd Bonds
Oher Boods
Stocks
Olher lnvested Assets
TOTAL INVESTMENTS
lnrrestmant6 in Affilides
Premiums ReceivaHe
Olher Assels
TOTAL ADMITTED ASSETS
STATE OF PENNSYLVANIA
COIJNTY OF PHILAOELPHIA
Jottn Taylor, bcing duly swom,
dd belief the
Swom bcforc
OF
s 56,686
108.524
48,200
29
9,875
223.314
1 15,064
$ 338.378
-
UABILTI/ES AIfi
SURH. US TO FOL'CYHOTDERS
Outstanding Losses and Loss Expenses
Reinsuranqe Payable on Losses and Epenses
Urcamed Prcflriums
Ced6d Reinsuranoe prerniums payable
Olher Liabilities
TOIAL LIABILITIES
Cadtal Slock
Paid-ln Surplus
Unsssigned Furds
SURPLUS TO POLICYHOLOERS
TOTAL LIABILITIES AND
SURPLUS
$
146
120.83s
120.980
5,000
59,856
152,s42
217.35a
Investments are !dued in accordance with requirernents of the National Association ol lnsurance Commissioners, At December 3,1 , 20iE,ini€slments with a carying value of 015,689,641 were depGited with governilEnt authoritl". "" ,.qJLo uv lr*.
$ 33E,37E
says tha |E is Senior Vice president of Vthstchesler Fire lnsurance Company and lhat to the besl of his knodedgeis a true and conecl stalcment of the said Compaty's financial condition as orthe 31 st day of December, ZOtB,\'l
A+^"**t.?- r o?
My cDmnisraoo extileB
Dia
0f Ph
Com I
Public
I
Meridian City Council Meeting Agenda June 25, 2019 – Page 224 of 348