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Irminger Construction Well 17 Treatment Facility Award of Bid and Construction
Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 6/15/2021 Presenter: Keith Watts, Procurement Manager Estimated Time: N/A Topic: Approval of Award of Bid and Contract Recommended Council Action: Approve award of bid and construction contract to Irminger Construction for Well 17 Treatment Facility for the Not-to-Exceed amount of$1,532,332.24. Background: Six bids received, Irminger was the lowest submission. Page 280 Mayor Robert E. Simison Item#�s. City Council Members E IDIANI-11.�- Joe Borton Treg Bernt Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Keith Watts,Purchasin�Man�ager FROM: Brent Blake DATE: 3-22-2021 SUBJECT: CONSTRUCTION CONTRACT WITH TBD FOR THE WELL 17 WATER TREATMENT FACILITY CONSTRUCTION A NOT-TO-EXCEED AMOUNT OF$TBD. I. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 489-0340 Kyle Radek,Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, PW Director 985-1257 II. DESCRIPTION A. Background This project will improve the water quality supplied by Well 17 that is put into the distribution system and delivered to customers. Iron and Manganese must be removed from supply water in order to provide adequate chlorine residuals in the distribution system without precipitation of these constituents which results in brown or black water stains. Therefore, the primary purpose and justification for this project is to remove Iron, Manganese, and other aesthetic contaminants to enable delivery of safe clean water to customers. B. Proposed Project The proposed project is to construct the Well 17 Treatment Facility at 1616 E. Time Zone Drive (Parcel#R5330140020). The project will consist of constructing an approximately 2,820 SF building to replace the existing pump house and enclose new water treatment equipment for the purposes of treating the existing Well 17. The facility will house a 10-foot diameter, 18-foot long steel pressure vessel, sodium hypochlorite tank, include an electrical room, and related ancillary equipment. Existing landscaping located along Time Zone Dr on the south side of the site will be removed and replaced. The existing 8-foot wrought iron security fence will be removed and reinstalled around Public Works Department . 33 E. Broadway Avenue, Suite 200,Meridian,ID 83642 Phone 208-898-5500 - Fax 208-898-9551 . www.meridiancity.org page 2s1 irem#�s. the facility and placed near the property lines. A temporary fence will be installed along the west property boundary. A permanent fence will be installed along the west property boundary in coordination with the ACHD-Locust Grove, Overland to Victory project when that occurs. III. IMPACT A. Fiscal Impacts Funding is available in the Well 17 Water Treatment Enhancement for this construction contract.The value of the contract with(TBD)with $1,225,000.00 in current funding available in the account. Project Costs: Fiscal Year 2021 Total Budget $1,871,472.00 Project Funding Fiscal Year 2021 Account Code/Codes Available Funding 3490-96117 $1,225,000.00 Total Funding Required $1,200,000.00 B. Time Constraints Council approval will allow this project allow us to stay on schedule for the completion of construction by the end of calendar year 2021. Departmental Approval: W 35 v IC Page 2 Of 2 Page 282 Item#��. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 3/17/2021 REQUESTING DEPARTMENT Public Works Project Name: Well 17 Water Treatment Facility Construction Project Manager: Brent Blake Contract Amount: $1 532 332 Contractor/Consultant/Design Engineer: Irminger Construction Is this a change order? yes ❑ No 0 Change Order No. 11. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490 Yes El No ❑ Construction GL Account 96117 FY Budget: 2021 Task Order ❑ Project Number: 11081A Enhancement: Yes El No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low id Highest Ranked Vendor selected Master Agreement Category (Bid Results Attached) yes 0 No (Ratings Attached) yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 5/19/2 F±121 7 day protest period ends: 5/26/21 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 26529 Expiration Date: 5/31/2021-Renewal in process Corporation Status Active see attached email Insurance Certificates Received(Date): 5/27/21 Expiration Date: 3/11/2022 Rating: A++ Payment and Performance Bonds Received(Date): 5/27/21 Rating: A+ Builders Risk Ins.Req'd: Yes ❑ No If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) Vtl. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Lowest responsive and qualified bid. 11 3_-°/ ZQZr nterSupervisor Name Date Approved Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: 6/2/21 Approval Date 6-15-21 By:Robert E.Simison,Mayor Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 282 Contract Request Checklist.5.24.2016.Final CITY OF MERIDIAN ttem#�s. BID REQUEST CHECKLIST Date: March 17,2021 REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3490 GL Account 96117 Project# 11081A Project Name: Well#17 Treatment Facility-Construction Project Manager: Brent Blake Consultant/Design Engineer: Mountain Waterworks (it applicable) (company name of design consultant) Total Budgeted Dollars: $2,000,000.00 Projected Dollars: $1,200,000.00 Will the project cross fiscal years? Yes x No Budget Information: FY Budget: $1,871,472 Enhancement#: Grant#: Other: Type of Grant: REQUESTED PREBID AND BID SCHEDULE INFORMATION Fill in your preferred dates below. Purchasing will determine actual dates based on scheduling availability and mandatory guidelines. Legal Notice must run for at least 2 weeks prior to bid opening. Refer to Purchasing Policy for more information. Bids are due at 2:30 p.m. Bid Protest Period: 10 calendar days after opening Council Award(if applicable)will be placed on the next available agenda after the 10 day period. Pre Bid Location: City Hall If no location is given,the meeting will be scheduled at City Hall X Yes PreBid Date: April 12,2021 Requested Bid Due Date: April 27, 2021 No PreBid Time: 2:OOPM (three weeks preferred) Note: Pre-Bid Attendance will be noted as"Strongly Encouraged". Contact Purchasing to discuss Mandatory prebid requirements. Yes Final Scope of Work/Specs Complete and Included/Submitted to Purchasing: Project Consultant Name: Stuart Hurley X NO If no,what is anticipated due date: April 1,2021 Email: shurlev@mountalnwatr.COm X Yes Bid Schedule Completed and Included/Submitted to Purchasing: NO If no,anticipated due date Yes Final Plans Complete and Included/Submitted to Purchasing: Are plans/specs available electronically? X NO If no,when do you anticipate receiving them? April 1,2021 Yes No X PROJECT COMPLETION/MILESTONE INFORMATION (Attach separate page if necessary) Have all regulatory permits and Yes If NO,what is missing and when will it be obtained/approved? ACHD ROW Permit agreements been acquired and Comments: Contractor will be required to attain an ACHD ROW Permit. approved? X No Does project contain mandatory Yes Date: completion dates,such as irrigation X No Comments:Construction of the irrigation crossings can only be performed between 10/15 and 3/15. crossings? Substantial Completion: 252 days Liquidated damages: $300.00 per day Final Completion: 282 days Liquidated damages to apply to milestones and substantial completion. Additional Milestones and Notes: We would like to advertise for bid on April 2nd with a pre-bid conference on April 12th. Questions ending on April 14, addendum issued on April 21st,and bid opening on April 27th. Page 284 Bid Request Checklist 2014 Item#16. From: iccitravis To: Sandra Ramirez;Brent Blake Subject: FW: RE: Public Works Renewal Application Date: Wednesday,June 2,2021 10:37:13 AM External Sender-Please use caution with links or attachments. See below we have submitted our renewal application Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Adriana Burton<Adriana.Burton@dbs.idaho.gov> Date: 5/4/21 9:47 AM (GMT-07:00) To: iccitravis@gmail.com Subject: RE: Public Works Renewal Application Received, thanks. Due to ongoing delays, the review of your extension application may take up to 35 business days to process from date of receipt, your license will stay in an active status. I appreciate your understanding. Adriana Burton Public Works Contractor Licensing 1090 E Watertower St, Ste 150 Meridian, ID 83642 ®❑ (208) 332-7149 - Direct Line (208) 519-1833 - Cell Office Hours Monday-Thursday 7:00-5:00 Friday 10:00-2:00 https://dbs.idaho.gov/ Page 285 Item#16. From: iccitravis@gmail.com<iccitravis@gmail.com> Sent: Monday, May 3, 2021 11:09 AM To: DBS Public Works <publicworks@dbs.idaho.gov> Subject: Public Works Renewal Application Travis Conger Irminger Construction Inc. 208-800-9616 Page 286 Item#16. Bid Table - WELL 17 TREATMENT FACILI' Legend The green cells with bolded numbers indicate that this bid was the lowest price. The orange cells indicate that this item from that vendor was selected. The green cells with orange outline indicate that this item from that vendor was self has the lowest price. Page 287 Item#16. $ 123 acted, and Page 288 Item#16. Cascade Er Total Cost $1,73 Alt 1 Alt 2 Base Bid ($) $1,701 # Locked Items Quantity Unit UseTaxonCit UnitPrice • • • 111 11 • • #1-1 Mobilization (5%) 1 LS $80,769.00 #1-2 Construction Traffic Control 1 LS $10,900.00 #1-3 Site Identification Sign 1 LS $1,090.00 Storm Water and Erosion #1-4 Control 1 LS $13,080.00 Use Tax on City Provided #1-5 Equipment(Pump) (0.06) 1 LS $28,269. $$28,269.24 IMPROVEMENTSSITE , Clearing and #2-1 Grubbing/Demolition 1 LS $27,250.00 #2-2 Demolition of Existing Wellhouse 1 LS $13,080.00 #2-3 Asphalt Paving 625 SY $54.50 #2-4 Gravel Surface 75 SY $47.96 Landscaping (Tree planting, re- sod, sprinkler repair/relocation, #2-5 pavers) 1 LS $54,500.00 Engineered Stormwater #2-6 Infiltration System 1 LS $38,150.00 Concrete Flatwork (Sidewalk, #2-7 Steps, Pads) 56 SY $136.25 #2-8 8' Wrought Iron Fence 65 LF $96.60 #2-9 6' Chain-link Fence 110 LF $30.52 #2-10 8'Vinyl Fence 200 LF $88.84 #2-11 20' Swing Gate 1 EA $14,011.95 #2-12 4' Swing Gate 1 EA $2,802.39 12" Water Main (Pipe,Valves, #2-13 Fittings) 1 LS $9,810.00 10" Water Main (Pipe,Valves, #2-14 Fittings) 1 LS $39,240.00 #2-15 12" Sanitary Sewer 110 LF $708.50 #2-16 Sand and Grease Trap 1 EA $13,080.00 #2-17 Catch Basin 2 EA $6,540.00 #2-18 4' Dia. Manhole, > 10 feet deep 2 EA $9,810.00 #2-19 Air Gap Discharge Structure 1 EA $3,815.00 Page 289 Item#16. 1 1/2" Water Service Connection #2-20 (Pipe, Fittings,Valves, Meter) 1 LS $13,080.00 6" Water Service Connection #2-21 (Pipe, Fittings,Valve) 1 LS $22,890.00 #2-22 Misc. Yard Piping 1 LS $19,620.00 #2-23 Curb & Gutter 310 LF $39.24 #2-24 Valley Gutter 230 LF $39.24 Building&Tank Foundations and #3-1 Floor Slab 1 LS $270,320.00 Building (incl. Roof, Gutters, Building Coatings, Bollards, #3-2 Stairs, Doors, Handrails, etc.) 1 LS $129,710.00 #3-3 Catwalk Framing and Grating 1 LS I $22,890.00 Electrical (Site, Building& #3-4 Equipment) 1 LS $172,220.00 #3-5 Instrumentation and Control 1 LS $76,300.00 #3-6 HVAC Equipment 1 LS $37,060.00 #3-7 Plumbing 1 LS $42,510.00 #3-8 Fire System 1 LS $62,130.00 Process Piping and Equipment (Pipes, Valves, Fittings, Coating, #3-9 Supports, etc.) 1 LS $38,150.00 #3-10 Workbench 1 EA $2,725.00 #3-11 Wall Cabinet and Sink 1 EA $2,725.00 #3-12 Chlorine Analyzer 2 EA $10,900.00 Sodium Hypochlorite Metering #3-13 Pump 1 EA $5,450.00 Sodium Hypochlorite Storage #3-14 Tank and Fill Connection 1 EA $5,450.00 Emergency Eyewash and Shower #3-15 Unit 1 EA $2,725.00 Install Filter Equipment (Filter, Instrumentation, Electrical, #3-16 Blower, etc.) 1 LS $47,960.00 Install Filter Equipment (Filter, Instrumentation, Electrical, #3-17 Blower, etc.) 1 LS $34,880.00 Discharge Header(Pipe, Fittings, Valves, Static Mixer, and #3-18 Appurtenances) 1 LS $19,620.00 Well Pump and Motor #3-19 Installation 1 LS $74,120.00 Page 290 Item#16. #3-20 Startup and Commissioning 1 LS $26,160.00 Base Bid Total BID ALTERNATE 316 Stainless Steel Pump #4-1 Column 1 LS $22,890.00 #5-1 Stainless Steel Pump Bowls 1 LS 1$ 10,900.0 Page 291 Item#16. iterprises Inc. IMCO General Construction Irminger Construction Inc. JC Constri 8,650.88 $ 2,017,036.24 $ 1,532,332.24 $ 1,6& 0 0 49 1,860.88 $1,977,036.24 $ 1,498,477.24 $1,639 Total UnitPrice Total UnitPrice Total UnitPrice $80,769.00 $85,000.00 $85,000.00 $14,548.00 $14,548.00 $50,000.00 $10,900.00 $7,000.00 $7,000.00 $1,606.00 $1,606.00 $6,270.00 $1,090.00 $350 $350 $1,285.00 $1,285.00 $2,500.00 $13,080.00 $25,000.00 $25,000.00 $1,720.00 $1,720.00 $5,000.00 $28,269.24 $28,269.24 $28,269.24 $28,269.24 $28,269.24 $28,269.24 $27,250.00 $30,000.00 $30,000.00 $13,919.00 $13,919.00 $19,000.00 $13,080.00 $15,000.00 $15,000.00 $13,116.00 $13,116.00 $32,000.00 $34,062.50 $65 $40,625.00 $56 $35,000.00 $30 $3,597.00 $17 $1,275.00 $27 $2,025.00 $84 F $54,500.00 $35,000.00 $35,000.00 $13,852.00 $13,852.00 $19,000.00 $38,150.00 $25,000.00 $25,000.00 $33,268.00 $33,268.00 $30,000.00 $7,630.00 $136 $7,616.00 $88 $4,928.00 $550 $6,279.00 $70 $4,550.00 $90 $5,850.00 $330 $3,357.20 $35 $3,850.00 $30 $3,300.00 $110 $17,768.00 $90 $18,000.00 $87 $17,400.00 $180 $14,011.95 $15,000.00 $15,000.00 $13,764.00 $13,764.00 $25,000.00 $2,802.39 $3,000.00 $3,000.00 $2,753.00 $2,753.00 $8,800.00 $9,810.00 $5,000.00 $5,000.00 $3,756.00 $3,756.00 $19,000.00 $39,240.00 $30,000.00 $30,000.00 $19,338.00 $19,338.00 $19,000.00 $77,935.00 $80 $8,800.00 $71 $7,810.00 $280 $13,080.00 $5,000.00 $5,000.00 $5,240.00 $5,240.00 $5,000.00 $13,080.00 $2,000.00 $4,000.00 $2,903.00 $5,806.00 $1,250.00 $19,620.00 $6,500.00 $13,000.00 $8,821.00 $17,642.00 $1,900.00 $3,815.00 $15,000.00 $15,000.00 $16,843.00 $16,843.00 $3,800.00 Page 292 Item#16. $13,080.00 $8,000.00 $8,000.00 $6,445.00 $6,445.00 $2,500.00 $22,890.00 $8,000.00 $8,000.00 $9,819.00 $9,819.00 $6,300.00 $19,620.00 $5,000.00 $5,000.00 $2,962.00 $2,962.00 $6,300.00 $12,164.4 $$30 $9,300.00 $43 $13,330.00 $20 $9,025.20 $30 $6,900.00 $80 $18,400.00 $42 $270,320.00 $230,000.00 $230,000.00 $120,099.00 $120,099.00 $42,000.00 $129,710.00 $500,000.00 $500,000.00 $378,979.00 $378,979.00 $330,000.00 $22,890.00 $35,000.00 $35,000.00 $34,581.00 $34,581.00 $28,000.00 $172,220.00 $250,000.00 $250,000.00 $210,929.00 $210,929.00 $238,000.00 $76,300.00 $30,000.00 $30,000.00 $27,945.00 $27,945.00 $37,600.00 $37,060.00 $70,000.00 $70,000.00 $73,379.00 $73,379.00 $86,000.00 $42,510.00 $68,000.00 $68,000.00 $48,591.00 $48,591.00 $75,000.00 $62,130.00 $48,000.00 $48,000.00 $43,460.00 $43,460.00 $50,000.00 $38,150.00 $140,000.00 $140,000.00 $53,450.00 $53,450.00 $75,000.00 $2,725.00 $500 $500 $1,770.00 $1,770.00 $1,900.00 $2,725.00 $5,000.00 $5,000.00 $3,030.00 $3,030.00 $700 $21,800.00 $12,000.00 $24,000.00 $8,512.00 $17,024.00 $9,500.00 $5,450.00 $7,500.00 $7,500.00 $9,052.00 $9,052.00 $3,800.00 $5,450.00 $12,000.00 $12,000.00 $9,239.00 $9,239.00 $6,300.00 $2,725.00 $1,500.00 $1,500.00 $1,547.00 $1,547.00 $6,300.00 $47,960.00 $7,500.00 $7,500.00 $33,460.00 $33,460.00 $12,000.00 $34,880.00 $1 $1 $0 $0 $25,000.00 $19,620.00 $500 $500 $17,815.00 $17,815.00 $35,000.00 $74,120.00 $80,000.00 $80,000.00 $65,678.00 $65,678.00 $90,000.00 Page 293 Item#16. $26,160.00 $5,000.00 $5,000.00 $14,455.00 $14,455'00 $12,000.00 $1,704,860.88 $1,977,036.24 $1,498,477.24 $22,890.00 $ 28,000.0 $28,000.00 $ 10,101.0 $10,101.00 $ 30,000.0 $10,900.00 $ 12,000.0 $12,000.00 $23,754.0 $23,754.00 $ 15,000.0 Page 294 Item#16. uctors, Inc. The Ewing Company Tribal Fire Systems LLC 1,699.24 $1,829,258.42 $ 31,420.0 0 0 0 ,699.24 $1,775,759.00 $ 0 Total UnitPrice Total UnitPrice Total $50,000.00 $70,200.00 $70,200.00 No Bid No Bid 50000 $6,270.00 $4,095.00 $4,095.00 No Bid No Bid 6270 $2,500.00 $1,755.00 $1,755.00 No Bid No Bid 2500 $5,000.00 I $6,435.00 $6,435.00 No Bid No Bid 5000 $28,269.24 $28,269.24 $28,269.24 No Bid No Bid 28269.24 AMIP111116 $19,000.00 $87,750.00 $87,750.00 No Bid No Bid 19000 $32,000.00 $17,550.00 $17,550.00 No Bid No Bid 32000 $18,750.00 $61.78 $38,612.50 No Bid No Bid 18750 $6,300.00 $234 $17,550.00 No Bid No Bid 6300 $19,000.00 $20,483.19 $20,483.19 No Bid No Bid 19000 $30,000.00 $10,998.00 $10,998.00 No Bid No Bid 30000 $30,800.00 $75.97 $4,254.32 No Bid No Bid 30800 $21,450.00 $118.80 $7,722.00 No Bid No Bid 21450 $12,100.00 $34.04 $3,744.40 No Bid No Bid 12100 $36,000.00 $90.68 $18,136.00 No Bid No Bid 36000 $25,000.00 $15,093.00 $15,093.00 No Bid No Bid 25000 $8,800.00 $3,042.00 $3,042.00 No Bid No Bid 8800 $19,000.00 $12,870.00 $12,870.00 No Bid No Bid 19000 $19,000.00 $30,888.00 $30,888.00 No Bid No Bid 19000 $30,800.00 I $82.96 $9,125.60 No Bid No Bid 30800 $5,000.00 $6,669.00 $6,669.00 No Bid No Bid 5000 $2,500.00 I $643.50 $1,287.00 No Bid No Bid 2500 $3,800.00 $4,972.50 $9,945.00 No Bid No Bid 3800 $3,800.00 $6,435.00 $6,435.00 No Bid No Bid 3800 Page 295 Item#16. $2,500.00 $14,040.00 $14,040.00 No Bid No Bid 2500 $6,300.00 $9,945.00 $9,945.00 No Bid No Bid 6300 $6,300.00 $13,455.00 $13,455.00 No Bid No Bid 6300 $6,200.00 $15.76 $4,885.60 No Bid No Bid 6200 $9,660.00 $14.01 $3,222.30 No Bid No Bid 9660 $42,000.00 $112,580.03 $112,580.03 No Bid No Bid 42000 $330,000.00 $385,522.02 $385,522.02 No Bid No Bid 330000 $28,000.00 $73,125.00 $73,125.00 No Bid No Bid 28000 $238,000.00 $236,340.00 $236,340.00 No Bid No Bid 238000 $37,600.00 $30,537.00 $30,537.00 No Bid No Bid 37600 $86,000.00 $38,887.00 $38,887.00 No Bid No Bid 86000 $75,000.00 $64,367.55 $64,367.55 No Bid No Bid 75000 $50,000.00 $57,973.50 $57,973.50 $31,420.00 ######## 50000 $75,000.00 $119,808.00 $119,808.00 No Bid No Bid 75000 $1,900.00 $1,755.00 $1,755.00 No Bid No Bid 1900 $700 $2,925.00 $2,925.00 No Bid No Bid 700 $19,000.00 $7,692.75 $15,385.50 No Bid No Bid 19000 $3,800.00 $7,500.00 $7,500.00 No Bid No Bid 3800 $6,300.00 $8,658.00 $8,658.00 No Bid No Bid 6300 $6,300.00 $2,667.60 $2,667.60 No Bid No Bid 6300 $12,000.00 $22,932.00 $22,932.00 No Bid No Bid 12000 $25,000.00 $21,955.92 $21,955.92 No Bid No Bid 25000 $35,000.00 $21,996.00 $21,996.00 No Bid No Bid 35000 $90,000.00 $67,706.73 $67,706.73 No Bid No Bid 90000 Page 296 Item#16. $12,000.00 I $4,680.00 $4,680.00 No Bid No Bid 12000 1639699 �$I,�639,699.24 $1,775,759.00 $30,000.00 $ 38,294.1 $38,294.10 No Bid No Bid $15,000.00 $ 15,205.32 $15,205.32 No Bid No Bid Page 297 Item#16. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2020 Through 9/30/2021 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96117 WELL 17 Construction 1,100,000.04 0.00 1,100,000.04 100.00% 0000 NON-DEPARTMENTAL 0.00 29,879.00 (29,879.00) 0.00% 11081 Well 17 Water Treatment 771,471.95 59.98 771,4ll.97 99.99% 11081.a well 17 water Treatment 0.00 174,869.36 (174,869.36) 0.00% Facility - Design 11081.b Well 17 Treatment Facility 0.00 471,164.00 (471,164.00) 0.00% Filter Tank Total Capital Outlay 1,871,471.99 675,972.34 1,195,499.65 63.88% TOTAL EXPENDITURES 1,871,471.99 675,972.34 1,195,499.65 63.88% Page 298 Date: 6/1/21 01:52:39 PM Pag Item#16. CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 17 TREATMENT FACILITY CONSTRUCTION PROJECT # 11081.D THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of _June , 2021, and entered into by and between the City of Meridian, a munlcrpa corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Irminger Construction,Jnc. hereinafter referred to as "CONTRACTOR", whose business address is 1305 E Columbia Rd. Meridian, ID 83642 and whose Public Works Contractor License # is C- 026529-AA1-3-4 INTRODUCTION Whereas, the City has a need for services involving Well 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. 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 WELL 17 TREATMENT FACILITY page 1 of 15 Project 11 Q81.D Page 299 Item#16. 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$JJUU32.24. 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 or material escalations. 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 17 TREATMENT FACILITY page 2 of 15 Project 11081.D Page 300 Item#16. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 252 (two hundred fifty- two) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor 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 282 (two hundred eighty-two) 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 (one hundred fifty 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 Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If,through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement,violates any of the covenants, agreements, or stipulations of 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 City 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. In 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. 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 17 TREATMENT FACILITY page 3 of 15 Project 11081.D Page 301 Item#16. 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. Independent Contractor: 6.1 In 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 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 all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If 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 Idaho Statute # 54-1901. 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, 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. 9. Indemnification and Insurance: 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 17 TREATMENT FACILITY page 4 of 15 Project 11481.D Page 302 Item#16. 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 Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, 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 Insurance, 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. In 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, Idaho 83642. 9.2 Insurance is to be placed with an Idaho 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 Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. WELL 17 TREATMENT FACILITY page 5 of 15 Project 11081.D Page 303 Item#16. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement 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 Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance 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. 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 17 TREATMENT FACILITY page 6 of 15 Project 11081.D Page 304 Item#16. 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. Items 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 Stormwater Specifications: 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.meridiancity.org/environmental.asox?id=1 3618. 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 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 Information: 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 17 TREATMENT FACILITY page 7 of 15 Project 11081.D Page 305 Item#16. 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. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII 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. In 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 Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate WELL 17 TREATMENT FACILITY page 8 of 15 Project 11081.D Page 306 Item#16. contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If 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: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. WELL 17 TREATMENT FACILITY page 9 of 15 Project 11081.D Page 307 Item#16. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Irminger Construction, Inc. Procurement Manager Attn: Travis Conger 33 E Broadway Ave 25094 Homedale Rd. Meridian, ID 83642 Wilder, ID 83676 208-489-0417 Phone: 208-800-9616 Email: iccitravis@gmail.com Idaho Public Works License #026529-AA-1-3-4 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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN IRMINGER CONSTRUCTION, INC. BY: BY: KEITH WATTS, Procurement Manager TM. WELL 17 TREATMENT FACILITY page 10 of 15 Project 11081.D Page 308 Item#17. Dated: 6-15-2021 Dated: Approved by Council:_ _ 6-15-2021 Project Manager Brent Blake WELL 17 TREATMENT FACILITY page 11 of 15 Project 11081.13 Page 308 Item#16. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW-2118-11081.D ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-2118-11810.D, are by this reference made a part hereof. SPECIFICATIONS I SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SPECIFICATIONS & DRAWINGS by Mountain Waterworks dated 412021 (252 pages) • PLANS by Mountain Waterworks dated 412021 (iol pages) WELL 17 TREATMENT FACILITY page 12 of 15 Project 11081.D Page 310 trem#�s. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,532,332.24. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 252 Days from Notice to Proceed Milestone 2 Final Completion 282 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 17 TREATMENT FACILITY CONSTRUCTION PROJECT per IFB PW-2118-11081.d. NOT TO EXCEED CONTRACT TOTAL....................... 1 532 332.24 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. Contract Pricing Schedule Item No. Description Quantit Unit Unit Price MOBILIZATION &GENERAL CONDITIONS 1 Mobilization (5%) 1 LS $14,548.0 2 Construction Traffic Control 1 LS $1,606.00 3 Site Identification Sign 1 LS $1,285.00 4 Storm Water and Erosion Control 1 LS $1,720.00 5 Use Tax on City Provided Equipment (Pump) (0.06) 1 LS $28,269.24 SITE IMPROVEMENTS & UTILITIES 1 LS 6 Clearing and Grubbing/Demolition 1 LS $13,919.00 7 Demolition of Existing Wellhouse 625 SY $13,116.00 8 Asphalt Paving 75 SY $35,000.00 9 Gravel Surface 1 LS $2,025.00 10 Landscaping (Tree planting, re-sod, sprinkler repair/relocation, pavers) 1 LS 1 $13,852.00 11 Engineered Stormwater Infiltration System 56 SY $33,268.00 12 Concrete Flatwork (Sidewalk, Steps, Pads) 65 LF $4,928.00 13 8' Wrought Iron Fence 110 LF $5,850.00 14 6' Chain-link Fence 200 LF $3,300.00 15 8'Vinyl Fence 1 EA $17,400.00 16 20'Swing Gate 1 EA $13,764.00 17 4'Swing Gate 1 LS $2,753.00 Page 311 Item#16. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,532,332.24. 18 12"Water Main (Pipe,Valves, Fittings) 1 LS $3,756.00 19 10"Water Main (Pipe,Valves, Fittings) 110 LF $19,338.00 20 12"Sanitary Sewer 1 EA $7,810.00 21 Sand and Grease Trap 2 EA $5,240.00 22 Catch Basin 2 EA $5,806.00 23 4' Dia. Manhole,> 10 feet deep 1 EA $17,642.00 24 Air Gap Discharge Structure 1 LS $16,843.00 25 1 1/2"Water Service Connection (Pipe, Fittings,Valves, Meter) 1 LS $6,445.00 26 6"Water Service Connection (Pipe, Fittings, Valve) 1 LS $9,819.00 27 Misc. Yard Piping 310 LF $2,962.00 28 Curb&Gutter 230 LF $13,330.00 29 Valley Gutter 1 LS $18,400.00 BUILDING 30 Building&Tank Foundations and Floor Slab 1 LS $120,099.00 31 Building(incl. Roof, Gutters, Building Coatings, Bollards, Stairs, Doors, Handrails, etc.) 1 LS $378,979.00 32 Catwalk Framing and Grating 1 LS $34,581.00 33 Electrical (Site, Building& Equipment) 1 LS $210,929.00 34 Instrumentation and Control 1 LS $27,945.00 35 HVAC Equipment 1 LS $73,379.00 36 Plumbing 1 LS $48,591.00 37 Fire System 1 LS $43,460.00 38 Process Piping and Equipment (Pipes, Valves, Fittings, Coating,Supports, etc.) 1 LS $53,450.00 39 Workbench 1 EA $1,770.00 40 Wall Cabinet and Sink 1 EA $3,030.00 41 Chlorine Analyzer 2 EA $17,024.00 42 Sodium Hypochlorite Metering Pump 1 EA $9,052.00 43 Sodium Hypochlorite Storage Tank and Fill Connection 1 EA $9,239.00 44 Emergency Eyewash and Shower Unit 1 EA $1,547.00 45 Install Filter Equipment(Filter, Instrumentation, Electrical, Blower,etc.) 1 LS $33,460.00 46 Install Filter Equipment(Filter, Instrumentation, Electrical, Blower, etc.) 1 LS $0 47 Discharge Header(Pipe, Fittings,Valves,Static Mixer, and Appurtenances) 1 LS $17,815.00 Page 312 Item#16. Exhibit B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,532,332.24. 48 Well Pump and Motor Installation 1 LS $65,678.00 49 Startup and Commissioning 1 LS $14,455.00 BID ALTERNATE 1 50 316 Stainless Steel Pump Column 1 LS $10,101.00 BID ALTERNATE 2 51 Stainless Steel Pump Bowls 1 LS $23,754.00 Page 313 item#,6. THE AMERICAN INSTITUTE 4F ARCHITECTS Bond#2307583 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Pace of Business) Irminger Construction, Inc. North American Specialty Insurance Company 25094 Homedale Rd. 650 Elm Street Wilder, ID 83676 Manchester, NH 03101 OWNER (Name and Address): City of Meridian, Procurement Division 33 E Broadway Ave, Suite 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 27, 2021 Amount: $1,532,332.24 Description (Name and Locat'.on): Weli 17 Treatment Facility Construction Project# 11081,D BOND Date (Not earlier than Construction Contract Date) May 27. 2021 Amount: $1,532,332.24 Modifications to this Bond- X None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea') Company: (Corporate Seal) Irminger Cons+ructi ,, Inc North American Specialty Insur ce Company Signature Signature: '+ Name and Title: 7^sr.r C"„y.r- �irs.y�,�y r� Name andTitle: Ma aquie ,Worn -In-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party).- Post Insurance NIA P.O. Box 893 Meridian, ID 83680-0893 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED..AIA■ THE AMERICAN INSTITUTE OF ARCHITECTS 1?35 NEW YORK AVE,N W WASHiNGTON D C 20006 A312-1984 1 THIRD PR NTING.MARCH 198' Page 314 I The Contractor and the Surety,joint'y and severally, bind which It may be liable to the Owner and, as elves, their heirs, executors. administrators, soon as practicable after the amount is ttem#16. ssors and assigns to the Owner for the performance determined, tender payment therefore to the Construction Contract which is incorporated herein Owner;or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, the Owner citing reasons therefore. Surety and the Contractor shall have no obligation under 5 If the Surety does not proceed as provided in Paragraph this Bond, except to participate In conferences as provided 4 with reasonable promptness, the Surety shall be deemed in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has not;fied the Contractor and the this Bond, and the Owner shall be entitled to enforce any Surety at its address described in Paragraph 10 below remedy available to the Owner. If the surety proceeds as that the Owner is considering declaring a Contractor provided in Subparagraph 4.4, and the Owner refuses the Default and has requested and attempted to arrange a payment tendered or the Surety has denied liability, in conference with the Contractor and the Surety to be whole or in part, without further notice the Owner shall be held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner. notice to discuss methods of performing the 6 After the Owner has terminated the Contractor's right to Construction Contract. If the Owner, the Contractor and complete the Construction Contract, and if the Surety the Surety agree, the Contractor shall be allowed a elects to act under Subparagraph 4.1, 4.2, or 4.3 above, reasonable time to perform the Construction Contract, then the responsibilities of the Surety to the Owner shall but such an agreement shall not waive the Owner's not be greater than those of the Contractor under the right, if any, subsequently to declare a Contractor Construction Contract, and the responsibilities of the Default; and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract. To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of declared earlier than twenty days after the Contractor costs and damages on the Construction Contract, the and the Surety have received notice as provided in Surety is obligated without duplication for: Subparagraph 3.1; and 6.1 The responsibilities of the Contractor for correction 3.3 The Owner has agreed to pay the Balance of the of defective work and completion of the Construction Contract Price to the Surety in accordance with the Contract; terms of the Construction Contract or to a contractor 6.2 Additional legal, design professional and delay selected to perform the Construction Contract in costs resulting from the Contractor's Default, and accordance with the terms of the contract with the resulting from the actions or failure to act of the Surety Owner. under Paragraph 4; and 4 When the Owner has satisfied the conditions of 6.3 Liquidated damages, or if not liquidated damages Paragraph 3, the Surety shall promptly and at the Surety's are specified in the Construction Contract, actual expense take one of the following actions: damages caused by delayed performance or non- 4.1 Arrange for the Contractor, with consent of the performance of the Contractor. Owner to perform and complete the Construction 7 The Surety shall not be liable to the Owner or others for Contract; or obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Construction Contract, and the Balance of the Contract Construction Contract itself, through its agents or Price shall not be reduced or set off on account of any such through independent contractors.or unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or 4.3 Obtain bids or negotiated proposals from qualified its heirs, executors, administrators or successors. contractors acceptable to the Owner for a contract for 8 The Surety hereby waives notice of any change: performance and completion of the Construction including changes of time, to the Construction Contract or Contract, arrange for a contract to be prepared for to related subcontracts, purchase orders and other execution by the Owner and the contractor selected obligations. with the Owner's concurrence, to be secured with performance and payment bonds executed by a 9 Any proceeding, legal or equitable, under this Bond may qualified surety equivalent to the bonds issued on the be instituted in any court of competent jurisdiction in the Construction Contract: and pay to the Owner the location in which the work or part of the work is located and amount of damages as described in Paragraph 6 in shall be instituted within two years after Contractor Default excess of the Balance of the Contract Price incurred or within two years after the Contractor ceased working or by the Owner resulting from the Contractors default;or within two years after the Surety refuses or falls to perform its obligations under this Bond, whichever occurs first. If 4.4 Waive its right to perform and complete, arrange the provisions of this Paragraph are void or prohibited by for completion, or obtain a new contractor and with law, the minimum period of limitation ava-fable to sureties reasonable promptness under the circumstances: as a defense in the jurisdiction of the suit shall be .1 After investigation, determine the amount for applicable AIA DOCUMENT A312+PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED .AIA' THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE N W WASHINGTON,D.0 20006 A312-198� THIRD PRINTING•MARCH 1987 Page 315 lice to the Surety, the Owner or the Contractor shall by the Owner in settlement of insurance or other Item#96. jailed or delivered to the address shown on the claims for damages to which the Contractor is entitled, ure page. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction 11 When this Bond has been furnished to comply with a Contract statutory or other legal requitement in the location where the construction was to be performed, any provision in this 12.2 Construction Contract: The agreement between Bond conflictmg with said statutory or legal requirement the Owner and the Contractor identified on the shall be deemed deleted here from and provisions signature page, including all Contract Documents and conforming to such statutory or other legal requirement changes thereto. shall be deemed incorporated herein. The intent is that this Bond sha'l be construed as a statutory bond and not as a 12.3 Contractor Default: Failure of the Contractor, common law bond. which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the 12 DEFINITIONS Construction Contract. 12.1 Balance of the Contract Price- The total amount 12.4 Owner Default: Failure of the Owner, which has payable by the Owner to the Contractor under the neither been remedied nor waived, to pay the Construction Contract after all proper adjustments Contractor as required by the Construction Contract or have been made, including allowance to the to perform and complete or comply with the other Contractor of any amounts received or to be received terms thereof. 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title Name and Title: Address Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED +AIA' THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW WASHINGTON DC 20006 A312-1984 3 THIRD PRINTING•MARCH 1987 Page 316 rrem#�s. THE AMERICAN INSTITUTE OF ARCHITECTS Bond#2307583 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business). Irminger Construction, Inc. North American Specialty Insurance Company 25094 Homedale Rd. 1450 American Lane Suite 1100 Wilder, ID 83676 Schaumburg, IL 60173 OWNER (Name and Address): City of Meridian, Procurement Division 33 E Broadway Ave, Suite 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 27, 2021 Amount: $1,532,332.24 Description (Name and Location): Well 17 Treatment Facility Construction Project# 11081.D BOND Date(Not earlier than Construction Contract Date): May 27, 2021 Amount: $1,532,332.24 Modifications to this Bond: ❑ None X See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Irminger Construction, nc North American Specialty Insurance.Compan Signature: _ /' Signature: ? Name and Title: �R p,Q h�� f.,rr-�s.,� Name andTitle: Mary Jaquie , Atto ey-In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance NIA P.O. Box 893 Meridian, ID 83680-0893 AIA DOCUMENT A312+PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED -AIA THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE,N W.WASHINGTON,D C 20006 A312-1984 4 THIRD PRINTING-MARCH 1987 Page 317 I The Contractor and the Surety,jointly and severally, bind 5 If a notice required by Paragraph 4 is given by the elves, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient Item#16. sors and assigns to the Owner to pay for labor compliance. als and equipment furnished for use in the 6 When the Claimant has sat,sfied the conditions of performance of the Construction Contract, which is Paragraph 4. the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions, 2 With respect to the Owner: this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to the and void if the Contractor: Owner, within 45 days after receipt of the claim, stating 2.1 Promptly makes payment, directly or indirectly, for the amounts that are undisputed and the basis for all sums due Claimants,and challenging any amounts that are disputed. 2.2 Defends indemnifies and holds harmless the Owner 6.2 Pay or arrange for payment of any undisputed from claims, demands, liens or suits by any person or amounts. entity whose claim demand, lien or suit is for the 7 The Surety's total obligation shalt not exceed the amount payment for labor, materials or equipment furnished for of this Bond, and the amount of this Bond shall be credited use in the performance of the Construction Contract, for any payments made in good faith by the Surety provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 8 Amounts owed by the Owner to the Contractor under the 12) of any claims, demands, liens or suits and tendered Construction Contract shall be used for the performance of defense of such claims, demands, liens or suits to the the Construction Contract and to satisfy claims, if any, under Contractor and the Surety, and provided there is no any Construction Performance Bond. By the Contractor Owner Default. furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance Of 3 With respect to Claimants, this obligation shall be nul! the Construction Contract are dedicated to satisfy obligations and void if the Contractor promptly makes payment, directly of the Contractor and the Surety under this Bond, subject to or indirectly for all sums due. the Owner's priority to use the funds for the completion Of 4. The Surety shall have no obligation to Claimants under the work. this Bond until: 9 The Surety shall not be liable to the Owner, Claimants Or 4.1 Claimants who are employed by or have a direct others for obligations of the Contractor that are unrelated to contract with the Contractor have given notice to the the Construction Contract. The Owner shall not be liable for Surety(at the address described in Paragraph 12) and payment Of any costs or expenses of any Claimant under sent a copy, or notice thereof, to the Owner, stating this Bond, and shall have under this Bond no obligations to that a claim is being made under this Bond and, with make payments to, give notices on behalf of, or otherwise substantial accuracy,the amount of the claim. have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with 10 The Surety hereby waives notice of any change, the Contractor: including changes of time to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts, purchase orders and other obligations. and sent a copy, or notice thereof, to the 11 No suit or action shall be commenced by a Claimant Owner, within 90 days after having last under this Bond other than in a court of competent performed labor or last furnished materials or jurisdiction in the location in which the work or part of the equipment included in the claim stating, with work is located or after the expiration of one year from the substantial accuracy, the amount of the claim date (1) on which the Claimant gave the notice required by and the name of the party to whom the Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last materials were furnished or supplied or for labor or service was performed by anyone or the last wham the labor was done or performed; and materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or (2)first occurs. If .2 Have either received a rejection in whore or in the provisions of this Paragraph are vo.d or prohibited by part from the Contractor, or not received within law, the minimum period of limitation available to sureties as 30 days of furnishing the above notice any a defense in the jurisdiction of the suit shall be applicable, communication from the Contractor by which the Contractor has indicated the claim will be 12 Notice to the Surety, the Owner or the Contractor shall paid directly or indirectly; and be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner Or the Contractor, however accomplished, shall be days, have sent a written notice to the Surety sufficient compliance as of the date received at the address (at the address described in Paragraph 12) shown on the signature page. and sent a copy, Or notice thereof, to the Owner, stating that a claim is being made 13 When this Bond has been furnished to comply with a under this Bond and enclosing a copy of the statutory or other legal requirement in the location where the previous written notice furnished to the construction was to be performed, any provision in this Bond Contractor. conflicting with said statutory or legal requirements shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shal. be deemed incorporated herein. The intent is that this AA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND.DECFMBER+Y84 ED .A A THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE,N W,WASHINGTON,D C 20006 A312-1984 5 THIRD PRINTING-MARCH 1987 Page 318 shall be construed as a statutory bond and not as a in the Construction Contract, architectural and ttem#9s. on law bond. engineering services required for performance of the work of the Contractor and the Contractor's 14 Upon request by any person or entity appearing to be a subcontractors, and all other items for which a potential beneficiary of this Bond, the Contractor shall mechanic's lien may be asserted in the jurisdiction promptly furn!sh a copy of this Bond or shall permit a copy where the labor, materials or equipment were to be made. furnished. 15 DEFINITIONS 15.2 Construction Contract: The agreement between 15.1 Claimant: An individual or entity having a direct the Owner and the Contractor identified on the contract with the Contractor or with a subcontractor of signature page, including all Contract Documents and the Contractor to furnish labor, materials or equipment changes thereto. for use in the performance of the Contract. The intent 15.3 Owner Default: Failure of the Owner. which has of this Bond shall be to include without limitation in the neither been remedied nor waived, to pay the terms "labor, materials or equipment" that part of Contractor as required by the Construction Contract or water. gas, power, light, heat, oil, gasoline: telephone to perform and complete or comply with the other service or rental equ:pment used terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 of this Bond is deleted in its entirety and replaced w th the following provision When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, but not more than 120 days. notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including but not limited to, lack of substantiating documentation to support the claim as to entitlement or amount. and the Surety shall, within a reasonable time, but not more than 120 days, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice: to bring suit against Surety to enforce any remedy available to it under this Bond. (Space Is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRWCIPAL SURETY Company- (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED •AIA• THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE N W WASHINGTON D C 20006 A312-1984� THIRD PRINTING•MARCH 1987 Page 319 SWISS RE CORPORATE SOLUTIONS Item#16. AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Overland Park,Kansas and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park.Kansas,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Overland Park,Kansas each does hereby make,constitute and appoint: TERRY S. ROBB, WILLIAM F. POST, and MARY JAQUIER JOINTLY OR SLVERALIN Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION(S125,000,000.00)DOLLARS 'rhis Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them 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 I-URTI IER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." yaaaaan+'. G P,UT)' � �� ONq�ly s 5Q pPPaRjG tir!•G�0.PGis'G.p By vt$;ti S L tt`.y_ Steven Anderson, error vice President o as ngton International insurance Company 0778EALIN n'� �t -•SCE &Senior Vice President of North American Specialty Insurance Company - t9ir3 &Senior Vice President of Westport Insurance Corporation By ////j 601y s�!►�������� Mike A.tso.Senior Viet President of Washington International Insurance Company ////11IIIIIIIIH111� &Senior Vice President of North American Specialty Insurance Company &Senior Vice President cf Westport Insurance Corporation IN WITNESS WI IEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their offiral seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 5TH day of FE-BRUARY 120 18 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss, On this 5TH day or FEBRUARY ,20 18,be'ore me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael_A._Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL f M.KENNY r Notary public-State ni Ilhiaas µyen tiaas�;r f5 M. Kenny,Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 27 day or May 120 21 Jeffrey Goldberg Vice President&Assistant Secretary of washFngion International Inswa Page 320 North American Specialty Insurance Company&Vice President&Assistant Secretary of West uor LItel#16. CERTIFICATE OF LIABILITY INSURANCE DATE IMMfODlYYYYI �� 5/27/2021 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 DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS 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 NAME: Alyshia Gamble Post Insurance Services, Inc. PHONE (208)506-4700 AIC No: 12oai344 oast A No.Extir P.O. Box 893 EMAIL ADDRESS: agamble@postins.com INSURERS AFFORDING COVERAGE NAIC p Meridian ID 83680-0893 INSURERA:Auto Owners Insurance 18988 INSURED INSURER B:Benchmark Insurance Company 41394 Irminger Construction, Inc. INSURER C:Underwriters at Lloyd's, London 15792 25094 Homedale Rd INSURER0; INSURER E: Wilder ID 83676 1 INSURERF: COVERAGES CERTIFICATE NUMBER:2021-2022 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 REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDDIYYYY X COMMERCIAL GENERAL LIAR.IT' EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 300,D00 A CLAiIh541A pE X CCUR PREMISES Ea occurrence S X 550i1, 55373 X 1,46395775372721 3/11/2021 3 1/20, MEO EXP(Any one person 5 10,000 PERSONAL 8 ADV INJURY 5 1,000,000 GEN'L AGGREGATE♦_IM0 APPLIES r_✓. GENERAL AGGREGATE 5 2,000,000 POLICY JEC IOC PRODUCTS•COMPIOP AGG 52,000,000 OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per Person) S A ALL OWNED SCHEDULED AUTOS AUTOS X 4975372700 3/11/2021 3/11/2022 BODILY INJURY{Per accident) S NON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS Per accident X 58504.58583 S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAR I CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION 5 497517;i705 3/11/2021 3/1:/2022 $ WORKERS COMPENSATION X PER OTH• AND EMPLOYERS'LIABILITY TATUTE R YIN ANY PROPRIETOR?AARINER EXECUTIVE EL EACH ACCIDENT $ 500,000 OFFICERaIAEMBER EXCLUDED NIA B (Mandatory in NH) OC121509700 1/1/2021 1/1/2022 E L DISEASE•EA EMPLOYEE S 500,000 It yes oescnbe„loot CESCRIPTION Or Cs ERATiCNS oe.o.. E L DISEASE•POLICY LIM T 5 500,000 C Professional Liability ANE43911134421 2/18/2021 2/10/2022 Each Claim Llm.I 5 1 000 0 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEH;;LES(ACORU 101 Additional Remarks Schedule,maybe attached if more syaco is ro.,.F J) RE: Well 17 Treatment Facility, Project (I11081.D CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 33 E Broadway Ave ACCORDANCE WITH THE POLICY PROVISIONS. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 1201401s Page 321 �T1 Item#16. DP CERTIFICATE OF LIABILITY INSURANCE DATE{MMTDOlYYYY) 5/27/2021 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 DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS 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 NA CNTCT ME_ Alyshia Gamble Post Insurance Services, Inc. PHONE (20B)506-4700 FA% IYeaY 34{-9551 A! x AfC No P.O. Box 893 ADDRESS. agamble@postins.com INSURERS AFFORDING COVERAGE NAIC d Meridian ID 83680-0893 INSURERA Auto Owners Insurance 18988 INSURED INSURERS:Benchmark Insurance Company 41394 Irminger Construction, Inc. INSURERc:Underwriters at Lloyd's, London 15792 25094 Homedale Rd INSURER D: INSURER E: Wilder ID 83676 INSURERF: COVERAGES CERTIFICATE NUMBER:2021-2022 REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER tMMfDDNYYY MMTDDfY YYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 MAG A 7 CLAIMS-MADE FO OCCUR PRe.,5E TO REUS a or:curDrence S 300,000 X 55091, 55373 X 1446395775372721 3/11/2021 3111/2022 MEO EXP(Any one person) 5 10,000 PERSONAL &ADV INJURY S 1,000,000 GENT.AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 5 2,000,000 POLICY JF LOC PRODUCTS•CDMPrOP AGG 5 2,000,000 Df,+ER 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 Ea accldenl A X ANY AUTO BODILY INJURY(Per person) SOWNEDALL OWNED SCHEDULED AUTOS AUTOS X 49 53 3 11 21 3 11/2022 BODILY FNJU RY,Per acc dent' S NON-OWNED PROPERTY DAMAGE S HIREDAUTOS AUTOS Per acntlenl X 58504 56583 S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE 5 5,000,000 DED RETENTION 5 49753727 1 3/11/2021 3/11/2022 S WORKERS COMPENSATION X TA OTH• AND EMPLOYERS'LIABILITY TAT 7- R YIN ANY PROPRIETORlPARTNER EXECUTIVE NIA E.L EACH ACCIDENT S 500,000 OFRCERIMEMBER EXCLUDED B wCB215-371.' 1 1 2 21 1/1/2D22 IMandalory in NH) E L DISEASE-EA EMPLOYEE 5 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E L.DISEASE•POLICY LIMIT S 500,000 C Professlanal Liability ANS439814421 2128/2621 2118/2022 Eacn CIP-MLime $ 1,000,000 DESCRIPT',Y OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101.Additiona Remarks Schedule may be attached i1 more space is roquirod) RE: Well 17 Treatment Facility, Pro)ect #11081.D CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 33 E Broadway Ave ACCORDANCE WITH THE POLICY PROVISIONS Meridian, ID 83642 AUTHORIZED REPRESENTATIVE Aly:hia sambl.. A, ©1966-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025 I.ol4D" Page 322 Item#16. 0 P 0 8 T I N S U R A N C E To Whom It May Concern: Due to recent legislation regarding the issuance of Certificates of Insurance and changes to the ACORD certificate, we can no longer type anything in the "Description of Operations"box other than a project name, tiuntber and/or description The -Do�cription of Operations" box is just that, and is not to identify specific information or verify the coverages provided by the policy endorsements. Additional Insured and/or Waiver of Subrogation status has been indicated on the certificate to the right of the respective coverage and we have provided the actual endorsements for this status. Please note that the endorsements provide Additional Insured and/or Waiver of Subrogation status on a blanket basis to any organization if such status is required by a written contract or agreement. The certificate and endorsements we provided you adheres to our agency procedures and fulfills all coverage requirements. We are following the procedures required by our Errors & Omissions carrier and contracts with the insurance companies we represent. Malting Address P O. Box 893 Meridian, ID 83680 Physical Address 2315 S. Cobalt Point Way Meridian, ID 8364t O 208 336.5600 1 F 208.344,0651 1 www.postms.corn Page 323 Code 39-0011-00 Pohcy Number 144639-57753727 Item#16. 55373 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the fo'lowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under SECTION II-WHO IS AN INSURED 's in whole or in part, by 'your work" for that Addi- amended. The following provision is added. tional Insured by or for you. Other insurance A person or organization is an Additiona. nsured, ava table to the Additional Insured will apply as only with respect to liability caused, in whole or in excess insurance and not contribute as primary part, by"your work"for that Additional Insured by or insurance to the insurance provided by thi,, for you: endorsemer it. 1, If required n a written contract or agreement; or 2. The fo lowing condition is added. 2. If required by an oral contract or agreement only Other Additional Insured Coverage Issued By if a Certificate of Insurance was issued pror to Us the loss indicating that the person or organza- f this policy provides coverage for the same tion was an Additional Insured- loss to any Additional Insured specifically shown B. SECTION III -LIMITS OF INSURANCE is as an Additional Insured in another endorsement amended. The following provision is added to this policy, our maximum limit of insurance The limas of liabil ty for the Additional Insured are under this endorsement and any other endorse- those specified n the wrtten contract or agreement ment shall not exceed the limit of insurance in between the insured and the owner, lessee or con- the wr'tten contract or agreement between the tractor or those specified in the Certificate of Insur- insured and the owner, lessee or contractor, or ante, if an oral contract or agreement, not to exceed the limits provided in this policy, whichever is the limits provided in this policy. These limits are less. Our maximum limit of insurance arising inclusive of and not in addition to the limits of out of an "occurrence", shall not exceed the limit insurance shown in the Declarations, of insurance shown in the Declarations, regard- C. SECTION IV-COMMERCIAL GENERAL less of the number of insureds or Additional LIABILITY CONDITIONS is amended. Insureds. 1. The following condition is added to 4. Other Insurance. All other policy terms and conditions apply. This insurance is primary for the Additional Insured, but only with respect to liability caused. 55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 324 item#�s. ncy Code 39-0011-00 Policy Number 144639-57753727 COMMERCIAL GENERAL LIABILITY 55091 (10.09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY PLUS ENDORSEMENT This endcr•semcni modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. EXTENDED WATERCRAFT LIABILITY Exclusions Under SECTION I - COVERAGES, COVERAGE A. With respect to only HIRED AUTO AND NON- BODILY INJURY AND PROPERTY DAMAGE OWNED AUTO LIABILITY, the exclusions which LIABILITY, 2. Exclusions, g., exclusion (2) is de- apply to SECTION I - COVERAGES, COVERAGE A. leted and is replaced by the following: BODILY INJURY AND PROPERTY DAMAGE LIABILITY, other than the Nuclear Energy Liability (2) A watercraft you do not own that is: Exclusion Endorsement, do not apply. The fol lowing exclusions apply to this coverage: (a) Less than 50 feet long; and (b) Not being used to carry persons or This coverage does not apply to: property for a charge; a. "Bodily injury" or "property damage" expected 2. HIRED AUTO AND NON-OWNED AUTO LIABILITY or intended from the standpoint of the insured This exclusion does not apply to "bodily i-- Coverage for "bodily injury" and "property dam- jury" resulting from the use of reasonab,e age" liability provided under SECTION l force to protect persons or property. COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, is extended b. Any obligation of the insured under a worker{ as follows under this item, but only it you do not compensation, disability benefits or unem have any other insurance available to you which ployment compensation law or any similar affords the same or similar coverage. law. Coverage c. (1) "Bodily injury" or "property damage- arising out of the actual, alleged or We will pay those sums the insured becomes le- threatened discharge, dispersal seepage gally obligated to pay as damages because of migration, release or escape of 'poilut- "bodily 'injury" or "property damage' arising out of ants": the maintenance or use of an "auto": (a) That are, or are contained .n any a. You do not own. property that is: b. Which is not registered in your name; or c. Which is not leased or rented to you for more 1) Being transported or towed by than ninety consecutive days handled or prepared for placemeni into or upon, or taken from the and which is used in your business. "auto"; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 1 of 8 Page 325 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. 2) Otherwise in the course of transit (b) Claim or "suit" by or on behalf c;( a by you or on your behalf; or governmental authority for damag:s because of testing for, monitoring 3) Being disposed of, stored, treated cleaning up, removing, containing, or processed into or upon the treating, detoxifying or neutralizing, or "auto"; in any way responding to, or assess ing the effects of"pollutants". (b) Before such "pollutants" or property containing "pollutants" are moved d. "Bodily injury" or "property damage" however from the place they are accepted by caused, arising directly or indirectly, out of. you or anyone acting on your behalf for placement into or onto the "auto"; (1) War, including undeclared or civil war, or (2) Warlike action by a military force, includ- (c) After such "pollutants" or property ing action in hindering or defending containing "pollutants" are removed against an actual or expected attack, b from the "auto" to where they are de- any government, sovereign or other livered, disposed of or abandoned by authority using military personnel or other you or anyone acting in your behalf. agents; or c. (1) (a) above does not apply to "pollut- (3) Insurrection, rebellion, revolution, usurp :d ants" that are needed or result from the power, or action taken by governmental, normal mechanical, electrical or hydraulic authority in hindering or defending againF,,. functioning of the "auto" or its parts, if the any of these. discharge, release, escape, seepage, mi- gration or dispersal of such "pollutants" is e. "Bodily injury" or "property damage" for whicl-. directly from a part of the "auto" designed the Insured Is obligated to pay damages by to hold, store, receive or dispose of such reason of the assumption of liability in a con- "pollutants" by the "auto" manufacturer. tract or agreement. This exclusion does not apply to liability for damages: c. (1) (b) and c. (1) (c) above do not apply, if as a direct result of maintenance or use (1) Assumed in a contract or agreement that of the "auto", "pollutants" or property is an "insured contract", provided the containing "pollutants" which are not in or "bodily injury" or "property damage" oc- upon the "auto", are upset, overturned or curs subsequent to the execution of the damaged at any premises not owned by contract or agreement. However, if the or leased to you. The discharge, release, insurance under this policy does not apply escape seepage, migration or dispersal to the liability of the insured, it also does of the 'pollutants" must be directly caused not apply to such liability assumed by the by such upset, overturn or damage. insured under an "insured contract' . (2) Any loss, cost or expense arising out of (2) That the insured would have in the :jI. any: Bence of the contract or agreement. (a) Request, demand or order that any in- f. "Property damage" to: sured or others test for, monitor, clean up, remove, contain, treat, detoxify or (1) Properly owned or being transported by. neutralize, or in any way respond to, or rented or loaned to any insured; or or assess the effects of"pollutants"; or (2) Property in the care, custody or control :A any insured Includes copyrighted w-aterial 3f Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 2 of 8 Page 326 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. other than "property damage" to a residence b. Your partners if you are designated in the or a private garage by a private passenger Declarations as a partnership or a joint ven- Iauto" covered by this coverage ture. g. "Bodily iniury" to: c. Your members if you are designated in the Declarations as a limited liability company. (1) An "employee" of the insured arir_ing out of and in the course of employment by the d. Your "executive officer's" if you are designated insured; or in the Declarations as an organization other than a partnership, joint venture or limited li- (2) The spouse, child, parent, brother or sis- ability company. ter of that "employee" as a consequence of Paragraph (1) above. e. Any person using the "auto" and any person or organization legally responsible for the use This exclusion applies: of an "auto" not owned by such person or or ganization, provided the actual use is with (1) Whether the insured may be liable as an your permission. employer or in any other capacity; and None of the following is an insured: (2) To any obligation to share damages with or repay someone else who must pay a. Any person engaged in the business of his or damages because of tre injury. her employer with respect to "bodily injury" to any co-"employee" of such person injured in This t-xcLsion d..:e,_ n.)t apply to: the course of employment. (1) Liability assumed by the insured under an b. Any person using the "auto" and any person "insured contract". other than you, legally responsible for its use with respect to an "auto" owned or registered (2) 'Bodily injury" to any "employee" of the in the name of: insured arising out of and in the course of his domestic employment by the insured (1) Such person; or unless benefits for such injury are in whole or in part either payable or re- (2) Any partner or "executive officer' of yours quired to be provided under any workers or a member of his or her household; or compensation law. (3) Any "employee" or agent of yours who is Who Is An Insured granted an operating allowance of any sort for the use of such "auto". With respect to only this coverage, SECTION II - WHO IS AN INSURED. is de.eted and replaced by c. Any person while employed in or otherwise the follov� ng engaged in duties in connection with an 'auto business", other than an auto business" you SECTION II - WHO IS AN INSURED operate. Each of the following is an insured with respect to d. The owner or lessee (of whom you are a this coverage- sublessee) of a hired "auto" or the owner of an "auto" you do not own or which is not reg a. You. istered in your name which is used in you business or any agent or employee of any such owner or lessee. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright nsurance Services Office. Inc., 1982, 1988, 2002, 2004 Page 3 of Page 327 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. e. Any person or organization with respect to the (a) The limit shown for Bodily Injury Hired conduct of any current or past partnership or Auto and Non-Owned Auto Each Oc- joint venture that is not shown as a Named currence is the total amount of cover Insured in the Declarations. age and the most we will pay for al' damages because of or arising out of Additional Definitions all "bodily injury" in any one 'occur rence". The following definition applies to only this cover- age: (b) The limit shown for Property Damage Hired Auto and Non-Owned Auto Each "Auto business" means the business or occupa- Occurrence is the total amount of cov. tion of selling, repairing, servicing, storing or erage and the most we will pay for all parking "autos". damages because of or arising out :�f all "property damage" in any one '.ak Limits of Insurance currence". With respect to only this coverage, SECTION III - 3. BROADENED SUPPLEMENTARY PAYMENTS LIMITS OF INSURANCE, is deleted and replaced by the following: Under SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE SECTION III - LIMITS OF INSURANCE LIABILITY, COVERAGE B. PERSONAL INJURY AND ADVERTISING INJURY LIABILITY arld a. The Limits of Insurance shown in the Declara- SUPPLEMENTARY PAYMENTS - COVERAGES A tions and the rules below fix the most we will AND B: pay regardless of the number of: Paragraph 4., the amount we will pay for the a (1) insureds; tual loss of earnings is increased from $250 per day to $400 per day. (2) Claims made or "suits" brought- or 4. ADDITIONAL PRODUCTS-COMPLETED (3) Persons or organizations making claims OPERATIONS AGGREGATE LIMIT or l;ringing 'suits". If the endorsement, EXCLUSION - PRODUCTS b. We will pay damages for -bodily injury" or COMPLETED OPERATIONS HAZARD, CG 21 04, is property damage" up to the limits of liability not attached to this policy, then the following is stated in the Declarations for this coverage. added to SECTION III - LIMITS OF INSURANCE- Such damages shall be paid as follows: Commencing with the effective date of this policy (1) When Hired Auto and Non-Owned Auto we will provide one additional Products Each Occurrence Limit is shown in the Completed Operations Aggregate Limit, for eaci- Declarations, such limit is the total annual period, equal to the amount of the Prod amount of coverage and The most we will ucts-Completed Operations Aggregate Limit pay for all damages because of or arising shown in the Declarations. The maximum Prod out of all bodily injury" and "property ucts-Completed Operations Aggregate Limit fo- damage" in any one "occurrence". any annual period will be no more than two times the original Products-Completed Operations Ag- (2) Whun Bodily Injury Hired Auto and Non gregate limit. Owned Auto Each Occurrence Limit and Property Damage Hired Auto and Non- Owned Auto Each Occurrence limit are shown in the Declarations: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 4 of 8 Page 328 Item#16. ncy Code 39-0011-00 Policy Number 144639-57753727 5. PERSONAL INJURY EXTENSION Occurrence, Offense, Claim Or Suit, the following paragraph is added: a. If the endorsement EXCLUSION - PERSONAL INJURY AND ADVERTISING INJURY, 55350, is Paragraphs a. and b, of this condition will not attached to this policy, then this provision, 5. serve to deny any claim for failure to provide us PERSONAL INJURY EXTENSION, does not ap- with notice as soon as practicable after an "occur- ply rence" or an offense which may result in a claim b. If the endorsement EXCLUSION - PERSONAL a. if the notice of a new claim is given to your INJURY AND ADVERTISING INJURY, 55350, is "employee"; and not attached to this policy, then under SECTION V - DEFINITIONS, 15. "Personal in- b. That "employee" fails to provide us with no- jury" is deleted and replaced by the following: tice as soon as practicable. 15, "Personal injury" means, other than "bod- This exception shall not apply: ily injury", arising out of one or more of the following offenses: a. To you; or a. False arrest, detention or imprison- b. To any officer, director, partner, risk manager ment; or insurance manager of yours. b. Malicious prosecution; 7. DAMAGE TO PREMISES RENTED TO YOU c. The wrongful eviction from, wrongful Under SECTION I - COVERAGES, COVERAGE A. entry into, or invasion of the right of BODILY INJURY AND PROPERTY DAMAGE private occupancy of a room, dwelling LIABILITY, the last paragraph is deleted and re- or premises that a person occupies by placed by the following: or on behalf of its owner, landlord or lessor; Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or water dam. d. Oral or written pub:ication of material age to premises rented to you or temporarily oc- that slanders or libels a person or or- cupied by you with permission of the owner A ganization or disparages a person's or separate limit of insurance applies to this cover- organization's goods, products or age as described in 7. DAMAGE TO PREMISES services: RENTED TO YOU, a. Limits of Insurance. e. Oral or written publication of material The following additional exclusions apply to that violates a person's right of pri- 'property damage" arising out of Water Damage vacy; or to premises rented to you or temporarily occupied by you with permission of the owner: f. Discrimination: humiliation, sexual harassment and any violation of civil (1) "Property damage" to: rights caused by such discrimination, humiliation or sexual harassment. (a) The interior of the premises caused by or resulting from rain or snow whether driven by wind or not; or 6. BROADENED KNOWLEDGE OF OCCURRENCE (b) Heating, air conditioning, plumbing :-.r Under SECTION IV - COMMERCIAL GENERAL fire protection systems, or other LIABILITY CONDITIONS, 2. Duties In The Event Of equipment or appliances. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Sery ces Office. Inc 1982, 1988, 2002, 2004 Page 5 of Page 329 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. (2) "Property damage" caused by or resulting (e) Regardless of the cause, flood, sur from any of the following: face water, waves, t,des, tidal waves, storm surge, overflow of any body of (a) Mechanical breakdown, including water, or their spray, all whether wind bursting or rupture caused by cen- driven or not. trifugal force; (f) Wafer under the ground ssirface (b) Cracking, settling, expansion or pressing on, or seeping or flawing shrinking; through: (c) Smoke or smog; 1) Walls, foundations, floors or paved surfaces; (d) Birds, insects, rodents or other ani- 2) Basements, whether paved or not, mals; or 3) Doors, windows or other openings (e) Wear and tear; (4) "Property damage" for which the insured (f) Corrosion, rust, decay, fungus, dete- is obligated to pay as damages by reason rioration, hidden or latent defect or of the assumption of liability in a contract any quality in property that causes or agreement. This exclusion does not such property to destroy or damage apply to liability for damages that the in itself; or sured would have in the absence of thi,: contract or agreement. (g) Water that flows or leaks from any heating, air conditioning, plumbing or a. Limits of insurance fire protection system caused by or resulting from freezing, unless: With respect to this coverage only, under SECTION III - LIMITS OF INSURANCE, para 1) You make a reasonable effort to graph G. is deleted and replaced by the ff:' maintain heat in the building or lowing: structure; or G. The most we will pay under Coverage A 2) You drain the equipment and shut for damages because of "property dam- off the water supply if the heat is age" to premises rented to you or tempo not maintained. rarity occupied by you with permission of the owner arising out of or caused by fire (3) "Property damage" caused directly or in- lightning, explosion, smoke and water directly by any of the following: damage is the amount shown in the Dec larations under Damage to Premises (a) Water that backs up from a drain or Rented to You. sewer; b. Under SECTION IV - COMMERCIAL GENERAL (b) Mud flow or mudslide; LIABILITY CONDITIONS, 4. Other Insurance paragraph b., the word fire is amended to in- (c) Volcanic eruption, explosion or effu- clude fire, lightning, explosion, smoke or wa sion; ter damage. (d) Any earth movement, such as earth- S. BLANKET ADDITIONAL_ INSURED - LESSOR OF quake, landslide, mine subsidence, LEASED EQUIPMENT earth sinking, earth rising or earth shifting; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 6 of 8 Page 330 item#�s. ncy Code 39-0011-00 Policy Number 144639-57753727 a. SECTION 11 - WHO IS AN INSURED is (1) In a written contract or agreement, exe amended to include as an additional insured cuted prior to loss, to name as an addi- any person or organization with whom you tional insured; or have agreed: (2) In an oral contract or agreement, exe (1) In a written contract or agreement, exe- cuted prior to loss, to name as an addi- cuted prior to loss, to name as an addi- tional insured only if a Certificate of Insur- tional insured; or ante was issued prior to loss indicating that the person or organization was an (2) In an oral contract or agreement, exe- additional insured cuted prior to loss, to name as an addi- tional insured only if a Certificate of Insur- but only with respect to liability arising out of ante was issued prior to loss indieati-ig the ownership. maintenance or use of ltka, that the person or organization was an part of the premises leased to you. additional insured b. This provision is subject to the following addi- but only with respect to liability for: tional exclusions, applicable to this provision only: (1) "Bodily injury"; (2) "Property damage"; (1) Any "occurrence" which takes place after (3) "Personal injury"; or you cease to be a tenant in that premises (4) "Advertising injury` (2) Structural alterations, new constructions caused in whole or in part, by your mainte- or demolition operations performed by or nance, operation or use of equipment leased on behalf of the additional insured. to you by such person or organization. c. The fallowing is added to SECTION III - b. With respect to the insurance afforded to an LIMITS OF INSURANCE: additional insured, this insurance does not apply to any "occurrence which takes place The Limits of Insurance for the additional in- after the equipment lease expires sured are those specified in the written con- tract or agreement between the insured and c. The following is added to SECTION III - the manager or lessor of the premises, not to LIMITS OF INSURANCE: exceed the limits provided in this policy. These limits are inclusive of and not in addi- The Limits of Insurance for the additional in- tion to the Limits of Insurance shown in the sured are those specified in the written con- Declarations. tract or agreement between the insured and the lessor, not to exceed the limits provided in 10. NEWLY FORMED OR ACQUIRED this policy. These limits are inclusive of and ORGANIZATIONS not in addition to the Limits of Insurance shown in the Declarations. Under SECTION 11 - WHO IS AN INSURED, Para graph 4. is deleted and replaced by the following 9. BLANKET ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES 4. Any organization you newly acquire or form other than a partnership, joint venture or lirn- a. SECTION II - WHO IS AN INSURED is ited liability company, and over which you amended to include as an additional insured maintain ownership or majority interest, will any person or organization with whom you qualify as a Named Insured if there is no have agreed other similar insurance available to that or- ganization, However: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 7 of 0 Page 331 �ncy Code 39-0011-00 Policy Number 144639-57753727 Item#16. a. Coverage under this provision is afforded 11. BLANKET WAIVER OF SUBROGATION only until the 1801h day after you acquire or form the organization or the end of the The following is added to SECTION IV - COM- policy period, whichever is earlier; MERCIAL GENERAL LIABILITY CONDITIONS 8. Transfer Of Rights of Recovery Against others 10 b. Coverage A does not apply to "bodily in- Us. jury" or "property damage" that occurred before you acquired or formed the organi- When you have agreed to waive your right of sub zation; and rogation in a written contract, executed prior to loss, with any person or organization, we waive c. Coverage B does not apply to "personal any right to recovery we may have against such injury" or "advertising injury" arising out person or organization because of payments we of an offense committed before you ac- make for injury or damage arising out of your on quired or formed the organization. going operations or "your work" done under a contract with that person or organization and in. No person or organization is an insured with cluded in the "products-completed operations respect to the conduct of any current or past hazard". partnership, joint venture or limited liability company that is not shown ,is a Named In- All other policy terms and conditions apply sured in the Declaratio s. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright Insurance Services Office, Inc., 1982, 1988, 2002, 2004 Page 8 of 8 Page 332 Code 39-0011-00 Policy Number 49-753-727-00 Item#16. 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This erdorsemen, Modifies insurance provded under the following. COMMERC Al AUTO POL.CY SECTION Il -COVERED AUTOS LIABILITY COVER- person or organization qualifies as an insured under AGE is amended. The following provision is added. SECTION It-COVERED AUTOS LIABILITY COVER- Any person or organ zation is an insured for Covered AGE,A.COVERAGE, 1.Who Is An Insured. Auto,, Lability Coverage, but or:.y to the extent that All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET Tkis endorse,rent modifies insurance provided under the fallowing: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is However,we waive our right to recover payments made ;mended. 5.Our Right to Recover Payments is de- for bodily injury or property damage: leted and replaced by the following condition. a. Covered by the policy: and 5. Our Right to Recover Payments b. Arising out of the operation of autos covered by the If we make a payment under this policy and the per. policy, in accordance with the terms and conditions son to or for whom payment is made has a right ID of a written contract between you and such person recover damages from another, we will be entitled to or entity that right. That person shall do everything neces- only if such r ghts have been waived by the written con- sary to transfer that right to us and do nothing to tract prior to the accident or loss which caused the prejudice it. bodily injury or property damage. All other po icy terms and conditions apply. 58583 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Page 333 Code 39-0011-00 Policy Number 49-753-727-00 Item#16. 58540 (12-19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - BLANKET COVERAGE -h:s endorsement modifies insurance provided urder the following- COMMERCIAL AUTO POLICY SECTION V- CONDITIONS, B. GENERAL CONDI- (1) There s a written agreement between you and such TIONS. 2, Other Insurance s amended. The following person or organization that this insurance shall be provision is added as it applies to this endorsement only. pr nary and without the right of cortr.bution: and When this insurance is primary and there is other in- (2) Such written agreement was n force prior to any surance for any person or organization, other than a bodily injury or property damage. Named Insured, which covers liability for your oper- ations, contribution from such other insurance shall not All other policy terms and conditions app'y. be sought by us when; 58540 (12-19) includes copyr'ghted material of Insurance Services Office Inc., with its permission. Page 1 of 1 Page 334 Item#16. Code 3�'3 0011-00 Policy Number 49-753-727-01 PERSONS AND ORGANIZATIONS INSURED Each of the following Is an insured under this policy to a. Coverage under this provision is afforded the extent described below: only until the 90th day after you acquire or form the organization or the end of the A. If you are designated in the Declarations as an policy term, whichever is earlier; and individual, you and your spouse are insureds, but only for the conduct of a business of which you are b. Coverage does not apply to bodily injury, the sole owner. property damage, personal injury or ad- vertising injury that occurred before you B. if you are designated in the Declarations as a acquired or formed the organization. partnership or joint venture, you are an insured. Your members, your partners, and their spouses F. Any executive officer or director of yours while are also insureds, but only with respect to the acting within the scope of his or her duties for you conduct of your business. Your stockholders are insureds, but only with respect to their liability as a stockholder. C. If you are designated in the Declarations as a limited liability company. you are an insured. Your G. Any person (other than your employee)or organl- members are also insureds, but only with respect to zalion while acting as your real estate manager. the conduct of your busine,,s. Your managers are insureds, but only with respe.:t to their duties as managers. H. Any person, organization, trustee or estate wilt~ respect to which you are obligated by virtue of a written contract to provide insurance such as is D. If you are a trust, you are an insured. Your trus- afforded by this policy, but only with respect to tees are also insureds, but only with respect to their operations by or on behalf of, or to facilities of or dut es as trustees. used by, you. E. If you are designated in the Declarations as an I. Subject to the terms and conditions of this organization other than a partnersh;p,joint venture insurance, any other insured(s) included in the or limited liability company: scheduled underlying insurance issued to you and shown n the Declarat ons, but only to the extent that insurance is provided for such of-ner insured(s) in 1. You are an insured: and the scheduled underlying insurance. 2. Any organization you newly acquire or form, However, no person or organization is an insured with other than a partnership,joint venture or limited respect to the conduct of any current or past partner- liability company, and over which you maintain sh p, joint venture or lim ted liability company that Is not ownership or majority interest, will qualify as an shown as a Named Insured in the Declarations. insured if there is no other similar insurance available to that organization. However: LIMITS OF LIABILITY A. The Limits of Liability shown in the Declarations and 2. Persons or organizations who sustain damage: the following provisions determine the most we will pay regardless of the number of: 3. Claims made or suits brought; or 1. Insureds: Includes copyrighted material of Insurance Services Office,Inc,with its perm.ssion 26800(7-05) Copyright Insurance Sermces Office,Inc.. 1988 2003 Page 16 of 20 Page 335 Item#16. IRS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Th s agreement shall not operate directly or indirectly to berefil anyore not named in the Schedule. Schedule Any person or organizat on as required by written contract This endorsement cl-anges the policy to which It Is attached and Is effective err, the elate Issued unless otherwise stated (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date. 01'01.2021 Policy No. WCB215037-00 Endorsement No Insured Irminger Construction. Inc Premium.- Insurance Company: Benchmark Insurance Company WC 00 03 13 Countersigned by (Ed 04-84) '- 1983 National Council on Compensation Insurance P� Page 336