HomeMy WebLinkAboutIndependent Contractor Agreement with Dahle Construction for Well 24 Flush Line ConstructionAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
(WELL 24 FLUSH LINE - CONSTRUCTION)
PROJECT # 10334a
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made
this J day of a� 13, and entered into by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho,
hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642,
and Dahle Construction LLC, hereinafter referred to as "CONTRACTOR", whose
business address is 90 Hwy 93 N, Salmon, ID 83467 and whose Public Works
Contractor License # is C -11353 -AA -1.
INTRODUCTION
Whereas, the City has a need for services involving WELL 24 FLUSH
LINE - 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
Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of
this Agreement 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 Attachment "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.
WELL 24 FLUSH LINE - CONSTRUCTION page 1 of 11
Project 10334a
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 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 reques-01
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.
2.1 The Contractor shall be compensated on a Not -To -Exceed basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof for the Not -To -Exceed amount of
$495254.00.
2.2 The Contractor shall provide the City with a monthly statement, as th
work warrants, of fees earned and costs incurred for services provided durin
the billing period, which the City will pay within 30 days of receipt of a corre
invoice and approval by the City. The City will not withhold any Federal ol
State income taxes or Social Security Tax from any payment made by City t
Contractor under the terms and conditions of this Agreement. Payment of a'
taxes and other assessments on such sums is the sole responsibility o
2.3 Except as expressly provided in this Agreement, Contractor shall not
be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement including, but not limited to, meals, lodging,
transportation, drawings, renderings or mockups. Specifically, Contractor
shall not be entitled by virtue of this Agreement to consideration in the form
of overtime, health insurance benefits, retirement benefits, paid holidays or
other paid leaves of absence of any type or kind whatsoever.
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b)
WELL 24 FLUSH LINE page 2of11
September 30, 2013 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment 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.
3.3 Should City fail to pay Contractor all or any part of the compensatio
set forth in Attachment B of this Agreement on the date due, Contractor,
the Contractor's option, may terminate this Agreement if the failure is no
remedied by the City within thirty (30) days from the date payment is due]
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one
hundred fifty) 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 $250.00 (two hundred fifty dollars) per calendar
,-V,ay. 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.
4.1 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 the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall
thereupon have the right to terminate this Agreement by giving written notice
to CONTRACTOR of such termination and specifying the effective date
thereof at least fifteen (15) days before the effective date of such
termination. CONTRACTOR may terminate this agreement at any time by
giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinishei
documents, data, and reports prepared by CONTRACTOR under this
Agreement shall, at the option of the CITY, become its property, and
CONTRACTOR shall be entitled to receive just and equitable compensation
for any work satisfactorily complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved 01"
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by CONTRACTOR, and the CITY may withhold
,2ny payments to CONTRACTOR for the purposes of set-off until such time
2s the exact amount of damages due the CITY from CONTRACTOR is
WELL 24FLUSH LINE page 3of11
tetermined. This provision shall survive the termination of, this agreement
and shall not relieve CONTRACTOR of its liability to the CITY for damages.
5.1 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 Attachment 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
*erformance of this agreement shall be made by the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times
,furing the term of this Agreement shall represent and conduct themselves as
independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
Agreement. Contractor shall be responsible to City only for the requirements
and results specified in this Agreement and, except as expressly provided in
this Agreement, shall not be subjected to City's control with respect to the
physical action or activities of Contractor in fulfillment of this Agreement. 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.
14, 1`11 FIT! 17---1111
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from, or
in connection with the performance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortious conduct of
CITY or its employees. CONTRACTOR shall maintain, and specifical!Y
aarees- That-- it -will mainta�n,--throuqhout the term of this Aqreement, liabilitV
-insura n 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
WELL 24FLUSH LINE page 4of11
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the Cit
either: the insurer shall reduce or eliminate such deductibles, self -insure
retentions or named insureds; or the Contractor shall provide a bond, cash o
letter of credit guaranteeing payment of losses and related investigations
claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's
Insurance coverage shall be primary insurance regarding the City's electe
officers, officials, employees and volunteers. Any insurance or se
insurance maintained by the City or the City's elected officers, official
employees and volunteers shall be excess of the Contractor's insurance an
shall not contribute with Contractor's insurance except as to the extent o
City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured
2gainst whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all
the insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability
the Contractor and Contractor's agents, representatives, employees o
7. 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.
WELL 24FLUSH LINE page 5of11
8. Warranty: Contractor must warrant the project per the ISPWC and the City
of Meridian Supplemental Specifications & Drawings to the ISPWC, which by
this reference are made a part hereof.
9. Notioces: 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
Dahle Construction LLC
Purchasing Manager
Attn: Chris Fox
33 E Broadway Ave
90 Hwy 93 N
Meridian, I® 83642
Salmon, ID 83467
208-888-4433
Phone: 208-756-3241
Email: cfoxdig@aol.com
Idaho Public Works License #C-11353- -1
Either party may change their address for the purpose of this paragraphl
by giving written notice of such change to the other in the manner herei
a
provided.
10. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorneys' fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
T10me is of the Essence: The parties hereto acknowledge and agree th;Yi
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.
'12. Assi"gnment: 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.
13. Doiscri m 01 nation Prohibolted: 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.
14. Reports and Informati"on:
WELL 24 FLUSH LINE - CONSTRUCTION page 6 of 11
Project 10334a
14. 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
14.2 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.
15. 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.
16. Pubillocation, 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.
17. Complimance w1th 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.
18. 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.
19. Construction and Severabillity: 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.
20. WaInver 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
WELL 24FLUSH LINE page 7of11
if the terms of this Agreement unless this Agreement is modified as provided
21. Adv1ce 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.
22. Entire Agreement.- This Agreement contains the entire agreement of th"s,
parties and supersedes any and all other agreements or understandings, oral
of written, whether previous to the execution hereof or contemporaneous
23. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
24. Publimc Records Act: Pursuant to Idaho Code Section 9-335, et seq.,
information or documents received from the Contractor may be open to
public inspection and copying unless exempt from disclosure. The Contractor
shall clearly designate individual documents as Ivexemptif on each page of
such documents and shall indicate the basis for such exemption. The CITY
will not accept the marking of an entire document as exempt. In addition, the
CITY will not accept a legend or statement on one (1) page that all, or
substantially all, of the document is exempt from disclosure. The Contractor
shall indemnify and defend the CITY against all liability, claims, damages,
losses, expenses, actions, attorney fees and suits whatsoever for honoring
such a designation or for the Contractor's failure to designate individual
documents as exempt. The Contractor's failure to designate as exempt any
document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by
any such release.
25. 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.
26. Approval Required.- This Agreement shall not become effective or binding
until approved by the City of Meridian.
WELL 24FLUSH LINE page 8of11
CITY OF MERIDIAN DAHLE CONSTRUCTION LLC
BY:
fz-h&& & kuA
TAMMY de RD, MAYOR
Dated: 3L5ZI3 Dated:
Approved by Council: &a4M 201_,3
tE
)AN
Attest: JA L OILMAN,CITY CLERPurchasin Approval t Ap ro al
BY:
KEITH ATTS, Purchasing Manager WA N STEVTAkRT, Engineering Manager
Dated:: 2/-";o 3 Dated::
WELL 24 FLUSH LINE - CONSTRUCTION page 9 of 11
Project 10334a
Slit. 1'767,111 AT Q
rIf
4
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WELL 24 FLUSH LINE - CONSTRUCTION page 10 of 11
Project 10334a
S
MILESTONE / PAYMENT CHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$495254.00.
I Final Completion 1150 (one hundred fifty) days I
Contract includes furnishing all labor, materials, equipment, and incidentals as required for th6
WELL 24 FLUSH LINE - CONSTRUCTION per 11713 PW -13-10334a
CONTRACTTOTAL ...... S49s254n,00
ry
1--[4i NITIRTWIT
K -TA -44-0 0914MOA`101114
Travel expenses, luf appil"cable, will be paid at no more than the Glity of Meroldlman'z
[ravel and Expense Reimbursement Policy.
WELL 24 FLUSH LINE - CONSTRUCTION page 11 of 11
Project 10334a
tion
Descr!V
Unit Price
TYPE C SURFACE RESTORATION
TYPE P SURFACE RESTORATION
11
2 11 1 PVC, AWWA C900, DR18, WATER MAINw
1/
m
j
402.4.1.A.l.a.
12" GATE VALVE
WA
12" BY-PASS/FLUSH GATE VALVE
I m$e
601.4.1.A.5.
w� 12" PVC AWWA C900, DR25, WATER CLASS BY -
PASS/FLUSH PIPE
11
1.•
RON
CONCRETE REPAIR
'
.1.1
11 /STAGING
AREA`1i
11
A 01
11
m
1 I.INLET
PROTECTIONm
i 11
I
MOBILIZATIONm
.11.11
ABANDON EXISTING WATER MAIN
FLUSH LINE MANHOLE #11i
11
11 ;9W&PIN
FLUSH LINE MANHOLE #2
m
•° .1 11.
LAWN SOD RESTORATION
TRAFFIC CONTROL
Travel expenses, luf appil"cable, will be paid at no more than the Glity of Meroldlman'z
[ravel and Expense Reimbursement Policy.
WELL 24 FLUSH LINE - CONSTRUCTION page 11 of 11
Project 10334a
Bond No. B 0378131
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
Iff 11 ir 1111p
0.,
Salmon, ID 83467
OWNER (Name and Address):
City of Meridian Purchasing Department
33 E. BroadwayAvenue, Ste 106
SURETY (Name and Principal Place of Business):
The Cincinnati Insurance Company
RO. BOX 145496
Cincinnati, OH 45250-5496
CONSTRUCTION CONTRACT
Date:
Amount: $49,254,00 Forty Nine Thousand Two Hundred Fifty Four Dollars and 00/100
Description (Name and Location): Well 24 Flush Line - Construction
BOND
Date (Not earlier than Construction Contract Date) -
Amount., $49,254.00 Forty Nine Thousand �Two Hundred Fifty Four Dollars and 00/100
Modifications to this Bond: El None El See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company-, (Corporate Seal)
Dahle Construction LLC The Cincinnati! Ins ceCom
Zn
Signature: Signature:
Name and Title: Name and TitleTe.DeR�... Yhrerry
Attor7ey*-i n -Fact
(Any additional signatures appear on page 3)
(ArChiteCt,
(FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE ,engineer or other
AGENT or BROKER: Pao)
The Hartwell Corporation
PO Box 51019
Idaho Falls, ID 83405-1019
208-522-5656
AIA DOCUMENT A312 e PERFORMANCE BOND AND PAYMENT BOND * DECEMBER 1984 ED,. * AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C, 20006 A312 -19V4 -
THIRD PRINTING o MARCH 1987
MO.-
10Notice o the Surety, P Owner
or
- Contractor shall
commonbe mailed or delivered to the address shown on the
signature page,10
11 When this Bond has been furnished to comply with a
statutory or other legal requirement In the location where
the construction was to be performed, any provision In this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed 'incorporated herein. The Intent Is that
this Bond shall be construed as a statutory bond and not
as a bond,
have been ! Including allowance e f •;;
settlementContractor of any amounts received or to be received
by the Owner In o othef
claims for damages i°
reduced by a
valid and proper payments made to or
on behalf of the Contractor under the Construction
12.2 Construction Contract., The agreement betwen
the Owner and the Contractor Identified on ft
signature page, Including all Contract Documents and
changes o
12,-3 Contractor Default: Failure of the Contractor,
which r.s neither been remedied
perform or otherwise to comply with the terms of tht,
ConstructionContract.
.� Owner Default, Failure of
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perforrn and complete or comply with the other
terms thereof.
(Space '.+. provided below additional g' A,As added parties, other those a ., ?r. '7R: on !•. cover ,R r1 •j r,
CONTRACTOR AS PRINCIPAL SURETY,
Company: (Corporate Seel) Company:
Signature:
Name and Title.
Address;
AIA DOCUMENT A312 #PERFORMANCE BOND AND PAYMENT BOND D DECEMBER 1984 ED. *ALA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20012
THIRD PRINTING * MARCH 1987
Bond No. _B 0378131
...... .....
ro
!I 111 ;1 1111 111 11 11111 1 -
60"S
CONTRACTOR (Name and Address),:
Dahle Construction LLC
90 Hwy 93 North
Salmon, ID 83467
OWNER (Name and Address):
City of Meridian Purchasing Department
33 E. Broadway Avenue, Ste 106
FSHITOTIUNTF1111rorl.
Meridian, ID 83642
CONSTRUCTION CONTRACT
Date:
Amount: $49,254.00 Forty Nine Thousand Two Hundred Fifty Four Dollars and 00/100
Description (Name and Location): Well 24 Flush Line - Construction
BOND
Date (Not earlier than Construction Contract Date):
Amount: $49,254.00 Forty Nine Thousand Two Hundred Fifty Four Dollars and 00/100
Modifications to this Bond: [] one ® See Page 6
CONTRACTOR AS PRINCIPAL
0
Company. (Corporate Seal)
Dahle Construction LLC
Signature:
Name and Title:
SURETY
Company: (Corporate Seal)
The Cincinnati In ur nce Company
Signature: `Na ------
Pme and thl ... e.
.....erry............
Atto rney-I n- Fact
(FOR INFO RMA TION ONL Y - Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineerorother
AGENT or BROKER: party)
The Hartwell Corporation
PO Box 51019
Idaho Falls, ID 83405-1019
208-522-5656
AIA DOCUMENT A312 * PERFORMANCE BOND AND PAYMENT BOND a DECEMBER 1984 ED, a AIA 0
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING* MARCH 1987
conflicting with saild statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to
�<legal
r •
w
requirement
e shall
Incorporated herein. The intent is that this Bond
common shall be
construed as a statutory bond and not as a r,
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be .
..........
..�! u
architecturalservice or rental equipment used In the Construction
r
engineering services
required s performance• • o:Contractor
r,
and
,rte subcontractors, and all other `;e -w.
Items for which a t
r; ...i may ;��� asserted
the Jurisdiction where the labor, materials or
equipment were furnished,
15.2 Construction Contract: The agreement
between the Owner and the Contractor identified on
the signature page, including all Contract Documents
and changes thereto.
15.3 Owner of
neither been remedied nor waived, to pay r
termsContractor as required by the Construction Contract or
to perform and complete or comply with the other
claim.6. 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, with reasonable promptness, notify the Claimant of the amounts that
are undisputed and the basis for challenging any amounts that are disputed, Including, but not limited to, the lack of
substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable
promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the
Surety to timely discharge Its obligations under this paragraph or to diisplute 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's defenses to, or right to dispute, such Rather, Claimant shall .ve v
Immediate right,
without further*notice, to bring suit against the 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 PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature;
Name and Title:
Address:
AIA DOCUMENT •• r AND PAYMENT BOND e DECEMBER 1984 ED.
F i'1..
Ffid, Ohio
POWER OF ATTORNEI
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSLT.ANCE COWANY, a corporation organized under the laws of
the State of Ohio, and having its princi al office Mi the City of Fairfield, Ohio, does hereby constitute and appoint
IP
R.K. Ha:rtwellg DeRay Perrya Sally Perry` Todd R9 Mary*
Angela Rae Miller& Paul R. Borup and/or Staci Matheson
of Idaho'Falls,ldaho its true and lMul Attorney(s�in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as 'its act and deed, any and all bonds, policies, -undertakings, or other like ��eri% as follows:
Any such obligations in the United States, up to
Thirty Million and No/100, Dollars ($30,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company
1 4
at a meeting held in the pnncipal office of the Company,'a quorum being present and votincy, on the 61h day of December, 1958, which
resolution is still in effect; 0
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint
0 Attorneys -in.
Fact of the Company to execute any and all bonds, policies,undertt*ngs, or other like 'instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney -in -Fact to affix tho corporate seal; and may with or
without cause modify or revoke any such appointment or authority, Any such writings so executed by such Attorneys`
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company."
This Power of Attorney is signed and sealed hosimile under and by the authority of the following Resolution adopted by the
Board of Directors of the Company at a meeting duly called and held on the 71h day of December, 1973,
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed*by
facsfinfle on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearhig
such faesuinfle sipature and seal shall be valid and binding on the Company. Any such power so executed and seated
and certified by cettificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company,"
IN WITNESS WHEREOF, TBE CINCINNATI INSURANCE COMPANY has caused these presents to be seated with its corporate
seal, duly attested by its Vice President this 101h day of October, 2008,
TI1B C I INSURANCE COMPANY
RAT
1.
SEAL
STATE OF 01-H0 ss: Vice Presided
COUNTY OF BUTLER
On this 1011, day of October, 2008, before me came the above-named Vice President of THE CINCINNATI INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of said Company and the corporate seal and the signature of -the officer were duly affixed and subscribed to said instmment
by the authority and direction of said corporation.
0 At
of 10 A
log MARK J. ALLE11, Attorney at Law
N
STATE OF OHIO
OTARY PUBLIC
0•10 My commission has no explratl®n
0dato. Section 147,03 O.R.C.
1, the undersigned Secretary or Assistant Secretary of TBE CINCR%TNAn INSURANCE COMPANY; hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby filrther certify that the said Power of
Attorney is stil I in full force and effect,
GIVEN under my hand and seal of said Company at Fairfield, Ohio,
this - day of 02013
RPORATE
L a Secretary
SEA
13N-1005 (10/08)
Cllent#-, 91835 DAHLECON
"lle'HIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ rr CAREFULLY,,
It
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADEN'ED ENDORSEMENT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL UABILITY COVERAGE PART
A. Endorsement - Table of Contents:
sonp
Cove
1 Employee Benefit Liability Coverage #*a oes0000ve Poe voovoo 2
2. Unintentional Failure to Disclose Hazards19100#.....00000 •+0. •.0 009099 oil a@ 1*00410 POO 11000 RD Rd 64,66*099 0—mr.pa. 0.69046 0,30010900 W4191,0 097
3. Damage to Premises Rented to 49 04004 Gogbo,96006 see 44 *Otto# 0 k$00004 Rostov 8
4. Supplementary Payments.... Do 969000se a a at *too *a 0 9 qV999 go a of go$ Rd 0 40*060 0 to to 644V 19 a -av*V #9 90#99 P 99 0 9 0 60 64 6 060 4 40 6 000 Rd OOVVVV 9`0404 0 0 4 009 &so 9
5. Medical Payments 900904 0,469 00090 69199119 0*1144949 so 1990t000 0 0 00040 6600 60004ove 9
6, Voluntary Property Damage (Coverage a.) and Care, Custody or Control
Liability Coverage (Coverage b.),R9wqoQoQ6oQg 9o*,PoqQ agog 000-0 vote 1090060 Cases*#* 406660 9
7. 180 Day Coverage for Newly Formed or Acquired Organizations 064,09 0 sovoove4.4009 too ova 690004*4 goovW464 a 6#6d
10
8. Waiver of Subrogation 00046dead #&ova* to 00040000* $9400969 Dee reds to 0440Y goo *too* 10
9. Automate Additional Insured RR Specified Relationships: ....... 10
Managers or Lessors of Premises;
Lessor of Leased Equipment;
Vendors;
State or Political Subdivisions - Permits Relating to Premises,
State or Political Subdivisions - Permits- and
Contractors' Operations as Work With"I it r .... Rootc
n 50' of Raroad Poperty ode 14
10. Broadened Contractual Liability
11, Property Damage to Borrowed Equipment............... beat o4vo,0096 0209 OR Poo It* 000 060 a 4000,9`040 A* 09909960009 sets 004*90 *#*to* #sea 14
12, Employees as Insureds as Specified Health Care Services: 14
Nurses;
Emergency Medical Technicians; and
Paramedics
13. Broadened Notice of Occurrence ........ Poo 14
BUmI
.ts of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below,
I Employee Benefit Liablifty Coverage
Each Employee Limit: $ 11000,000
Aggregate Limit: $ 31000,000
Deducflble: $ 11000
3. Damage to Premlses Rented to You
ft 19, "t
be $500,000 unless otherwise stated $
4. Supplementary Payments
a . Bail bonds: $ 1100
b. Loss of earnings: $ 35
6. Medical Payments
0
Medical Expense Limit: $ 10 Pool
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page I of 15
7a 180 Day Coverape for Newly Formed or
Acquired Organizations
SECTION 11 m WHO
INSURED
Isamended asfollows:
materialIncludes copyrighted . Insurance
coverageOnly the following persons
organizaVons aria additional In
sureds under this endorsemen
and insurance
v1ded to such addifl6nal In
sureds limited Y provide
:.
%a) The manager or lessor of
premises leased to you with
whom you have agreed per
Paragraph 9.a.(1) above to
nly
` -Insurance, �,
with respect
wl r, liability
ads-
`, out of the ownership,
maintenance
eit +.
r� • w of w
part of a premises leased to
• subject following
additional r •
whichThis insurance does not
apply to:
1) Any " occurrence
takes place !!Rz. a '...
you cease to be a t
R •
physical or
ant in that premises.I
change
alteraUons,
iproduct
madeint n ® 11
new construction r
r;
it
orformed by rRepackaging,
additional
insured.
solelyu-
b) Any person or ipose
ecdon,
of demonstration,
fr i i
equipmenti
r
substitution of
a
have agreed per Paragr F
parts under In -
..(1) above to provi a n�
structions tom the
r ® r r
®
an
0 BOOMInsureds
,r
I with it
i i
i ili i tcontainer;
maintenance, r
use by you of i ment
e)
Any failure
leased t W
make such in-
Izations(s).
spections, adjust-
However,this insurance
ments, tests or
does I
it
"ap
ourrence i
vendor hasafter
the iflace
agreed
expires.
normally under-
(c) An r i
takest
I course
(rererred t 1o
business,
Idor) n
agreed rParagra
9.a.(1) abovet
i
the distribution r
but onlyprovide
with re-
9 "bodily
ucts;
+c Injury" r
In -
out i h1
ic-
isold i
i r repair op -
regular courser
t
business,t to
such operations
the n
# the
®followingi
1 t P
vendoes premises
1) The Insurance afforded
in connection with
the s f the
the t
vendorapply
product
to:
a) "Bodily or
which,
distribution or
rafter
ilc the ven-
I
dor i obeen
bligated
labeled or
relabeled or used
ages
reason of -par
®
container,
Ingredient
li il-anything
i in a contract or
agree n
or substance by or
.1
exclusion does not
vendor®
apply to li Ili r
i
Insurance
that the
not
applydamages In -
vendor would
sured person or or-
haveIn
i
sence of the con-
t m
ment;Urou
r
have acq red
such products, or
b) Any ex ress ®
any i i
r
r,
by you;
entedng Into, ac -
Includes copyrighted
GA 233 02 07 Services Office, Inc., with its permission. w
Page
This Insurance applies (C) Subparagraph (0 does not
only with res ect to oD- apply to "bodily Injury",
erations pe rmed 6 11property darnagelf or it per -
you or on your befiarf sonal and adverdsing Injury"
for which the state or adsing out of:
pollUcai subdon has
issued a permit 1) Defects in design fur.
nished by or on behalf
Includes copyrIghted matedal of Insurance
Services Office, Inc., with Re permission. Page 12 of 16
•
Jo1.
NUMUM F, ayJ
This Insurance applies (C) Subparagraph (0 does not
only with res ect to oD- apply to "bodily Injury",
erations pe rmed 6 11property darnagelf or it per -
you or on your befiarf sonal and adverdsing Injury"
for which the state or adsing out of:
pollUcai subdon has
issued a permit 1) Defects in design fur.
nished by or on behalf
Includes copyrIghted matedal of Insurance
Services Office, Inc., with Re permission. Page 12 of 16
of the additional In-
,b ,
W 0
spects any other insurance
sured; or
polic Issued to the addl-
tlon� Insured, and such
2) The rendering of, or
other Insuran ce polloy shall
failure to render, any
be excess and / or noncon-
professional architec-
tributing, whichever applies,
tural, engineering or
with this Insurance.
surveying services, in-
cluding:
(b) n Insurance provided by
tA is,
h endorsement shall be
a) The reparing,
p
primary to other Insurance
�pproving or fall-
available to the additional
ing to prepare or
Insured except:
approve maps,
;S90 P drawings,
2 a
1) As otherwise provi aga
opinions, reports,
In SECTION IV -
surveys, field or-
COMMERCIAL GEN-
ders, change or-
ERAL UABIUTY
ders or drawings
CONDITIONS, 5, Other
and specifications;
Insurance, b. Excess
and
Insurance -or
b) Supervisory, in-
110
2) For an W other valid and
specUon, archi-
collec9ble insurance
tectural -or engl-
available to the addl-
neering ®.
flonal insured as an
addffional Insured by
3) "Your work" for which a
attachment of an en -
consolidated (wrap-up)
dorsement to another
Insurance program has
Insurance policy that Is
been provided by the
written on an excess
pdmecontractorpro ect
-
basis. In such case
manager or owner of
the coverage provide�
the construction proj�ct
under this endorse-
In wh ch you are in-
ment shall also be ex -
volved,
cess.,
A
WE
Includes copyrighted material of Insurance
GA 233 02 07 Services Offloe, Inc., withits permission. Page 13 of 15
Ap
dII "I
110 t WIFF =6- I
Ao W I
M a
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