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HomeMy WebLinkAboutIndependent Contractor Agreement with Bricon, Inc. for 8th Street Park Restroom and Playground Rebid ConstructionAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION) PROJECT # 6003-10397-1 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 20th day of AUGUST, 2013, 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 Bricon, Inc, hereinafter referred to as "CONTRACTOR", whose business address is 2345 E. White Hawk, Meridian, ID 83646 and whose Public Works Contractor License # is C-11823-AA- 3-4. INTRODUCTION Whereas, the City has a need for services involving 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -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 bythis 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 copyrightthe same, exceptthat, as to any work which is copyrighted by the Contractor, the City reserves aroyalty-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 8TH STREET PARK RESTROOM AND PLAYGROUND- REBID -CONSTRUCTION page 1 of 15 Project 6003-10397-1 represents and warrants that it will perform its work in accordance with generally accepted industry standards ahd practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of perormance 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 Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $131.228.50. 2.2 The Contractor shall provide the City with a monthly statement, 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 Per the requirements of the CDBG Grant weekly certified payroll reports be submitted to the City of Meridian. 2.4 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2014 or (c) unless sooner terminated as provided in Section 3.4 below or unless some other method or time of termination is listed in Attachment A. 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 2 of 15 Project 6003-10397-1 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 compensation set forth in Attachment B of this Agreement on the date due, Contractor, atthe 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. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) 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 five hundred dollars ($500.00) 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. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agentsfails 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 unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liabilityto the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any. payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liabilityto the CITY for damages. 5. Independent Contractor: 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 3 of 15 Project6003-10397-1 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 performance of this agreement shall be made by the CITY. 52 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. 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. 6. Indemnification and Insurance: 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 emDlovees. CONTRACTOR shall maintain. and 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 6TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 4 of 15 Project 6003-10397-1 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. 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 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. 6.3 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 orself-insurance maintained by the City orthe 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. 6.4 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. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 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. 8. 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. 9. 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: 8TH STREET PARK RESTROOM AND PLAYGROUND - RE81D -CONSTRUCTION page 5 of 15 Project 6003-10397-1 CITY CONTRACTOR City of Meridian BRICON, INC Purchasing Manager Attn: Mark Brice 33 E Broadway Ave 2345 E. White Hawk Meridian, ID 83642 Meridian, ID 83646 208-888-4433 Phone: 208-888-3746 Email: briconl(a~msn.com Idaho Public Works License #C-11823-as-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. 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. 11. 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 coristitute a breach of, and a default under, this Agreement bythe party so failing to perform. 12. 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 CITE'. 13. Discrimination Prohibited: 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 Information: 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 Agreement. 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. 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 6 of 15 Project 6003-10397-1 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 permitthe 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. 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. 17. 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. 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 Severabiliry: 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. 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. 21. 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. 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 7 of 15 Protect 6003-70397-1 22. 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. 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. Public 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 "exempt" 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 js 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. CDGB GRANT REQUIREMENTS: This project is being funded by a Community Development Block Grant. The Davis-Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This contract, will be subject to HUD-4010 Federal Labor Standards Provisions attached hereto as "Attachment C"and made a part hereof. Paragraph 2 on page 2 of 5 of HUD-4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis-Bacon requires wages to be paid not less often than once aweek. All subcontractors and any lower tier subcontractors are subject to the same Davis- Bacon Wage requirements as the general contractor. 27. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES FOLLOW ON NEXT PAGE 6TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 8 of 15 Project 6003-10397-1 CITY OF MERIDIAN BY: ~~~~' ~~~!,~__~~ TAMMY d~ Dr ~AAY®R Dated: ,~''~ a v ~ ~ 3 ~~ ~ BRICON, INC ~u-Rrc BFtiCE, Pr~sa `! , , Dated: L ~3' ~/ 1 ao 3 IDAHO 9 ~ `'~ ~yT O~7 `~p;L GD A UCL~rl7 ~/ `~,q 2 G~ Ci cif C~ERI~ ~ IL)IAN~ 6q Purchasing Approval °'~e~ rnea Bl(: KEi ,~ ~ Ptars~~ar~g A~arYa~~r •_T Dated: 8/~y~3 i ~/ 4~` ®Y. S~ .'C. STE1/E{S9DD00191AY" P &_I ~~' Dated:: ~~~ ~13 ~-, ®M1 IrA ~ ~ T@C.~ P P/MR8\~ CB~~ l /41FPV Ir L/~(~~ R'RC~`NYJ ~ CJ~1/ X 9N1~W u°a SiV ~ ~` ~fi Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PKS-13-6003-10397-1 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package #PKS-13-6003-10397-1, are by this reference made a part hereof. 6TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 10 of 15 Pro]ect 6003-10397-1 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $131,228.50. Milestone 1 Substantial Completion 50 (fifty) days Milestone 2 Final Completion 60 (sixty) days ~ x ;PRIG NG?SCEDUL'E _ ~~,~~, ~ ' ~' r . 5 v.,. ..fs.ue h ~ f. _ 1. ,.~` xU s~ _±~:'.d. rx„`~' ..~r~ts•. n: ~~~ti~ Contract includes furnishing all labor, materials, equipment, and incidentals as required for the 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION per IFB PKS-13-6003-10397-1 Total Bid Schedule 1 ...................$131,228.50 CONTRACT TOTAL ....................... 5131.228.50 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 REOUESTEO BV CITY_ Item No. Descri lion Ouanti Unit Unit Price 1 Construction Fencing LF $2.00 2 Provide all labor, materials and equipment to fully ~ $112 809.00 construct restroom building and all appurtenances. , Provide all labor, materials and equipment to 3 Install concrete sidewalk-thickened base per detail SF $5.00 3, sheet L1.2 4 Provide all labor, materials and equipment to SF $3.50 install wncrete sidewalk per detail 4, sheet L1.2 Provide all labor, materials and equipment to 5 excavate playground area, install playground L5 $4,500.00 curbin and playground ram . 6 Provide all labor, materials and equipment for ~ $4 300.00 erosion sediment control plan , 7 ~ Provide all bonds ~ ~ LS ~ $3,300.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 11 of 15 Project 6003-10397-1 Attachment C HUD - 4010 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Previous edlnons are obsolete form HUD-0010 (0612009) ref.. Handbook 1344.1 Applicability The Project or Program to which the wnstructton work covered by this conlracl pertains is being assisted by the Untted Slates of America and the following Federal Labor Standards Provisions are included in This Contmcl pursuant ro the provisions applcable to such Federal assistance. A 1. (I) Minimum Wages. All laborers and mechanics employed or vrorking upon the site of the work, will be paid unconditionally and not less open than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona'fide binge benefiLS (or cash equivalents thereof) due al time of payment computed at rates not less Ihan those contained in the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contdbutioes made or costs reasonably anllclpated for bona gde idnge henefile under Section I(h)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such lahorers or mechanics, subject to the provisions 0129 CFR 5.5(a)(1)(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quaderty) under plans, funds, or programs, which cover the particular weekly period, are deemed to be censlructively made or Incurred during such weekly period. Such laborers and mechanics shalt be paid the appropriate wage rate and fringe benelils on the wage determination for the classigralion of work actually pedormed, wtlhout regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics pedorming work In more Ihan one classi(cation may be wmpensated at the tale specified for each classificetion for the time actually worked therein: Provided, Thel the employer's payroll records accurately sal forth the time spent in each classilcation in which work Is pedormetl. The wage determination (Including any additional classification end wage rates conformed under 29 CFR 5.5(a)(1)(IQ and the Davis-Bacon poster (WH-1321) shall be posted al all limes by the contractor and its subcontractors al the site of the work In a prominent and accessible, place where it can be easily seen by the workers. (II) (a) Any class of lahorers or mechanics which is not listed in the wage determination and which Is to be employed under the contract shall he classl0ed In conformance with the wage determina0on. HUD shall approve an additional classlllcation and wage rate and fringe benelils therefor only when the lollowing criteria have been met: (1) The work to he performed by the classification requested-Is not pedormed by a classlflcalion In the wage determination; and (2) The classification Is utilized in the area by the eonslruclion industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relalionshlp to the wage rates contained In the wage determination. (b) If the contractor and the laborers and mechanics to he employed in the classNicallon (if known), er their representatives, and HUD or its designee agree on the classiloation apd wage rate (Including the amount designated for fringe benefits where appropriate), a repod of the action taken shall he sent by HUD or Its designee to the Adminlshalor of the Wage and Hour Division, Employment Standards Adminislratlon, U.S. Deparment of Laher, Washington, D.C. 20210. The Adminletralor, or en authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of recepp( and so advise HUD or Its designee or will notify HUD or its designee wllhin the 30-day period Iha[ addillonal time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215.0140.) (c) In the event the contractor, the laborers or mechanics to be employed In the classification or Ihetr representatives, and HUD or Its designee do not agree on the proposed classification and wage rate (including the amount deslgnaled for binge benefits, where appropriate), HUD or Its designee shall refer the ques0ons, Including the views of all Interested parties and the recommerMation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and se advise HUD arils designee or will nogfy HUD of)IS designee wllhin the 30-day period that addillonal time Is necessary. (Approved by the Office ofManagement end Budget under OMB Control Number 1215.0140.) (d) The wage rate (including binge bene0ts where appropriate) determined pursuant to subparagraphs (1)(iq(b) or (c) of Ibis paragraph, shall he paid to all workers pedormlbg work In the classlgcallon under this conlracl from the lirsl day on which work Is pedormed In the classllicalion. (Ili) Whenever the minimum wage rate prescrlhed In the conhad for a class of laborers or mechanics Includes a fringe henelil which Is not expressed es an hourly rate, the canlraclor shall either pay the benegl as slated in the wage determination or shall pay another bona Itde idnge benefit or an hourly cash egdivalenl thereof. (IV) II the canlraclor does not make payments to a trustee or other Ihlyd person, the contractor may consider es part of the wages of any latiorer ar mechanic the amount of any costs reasonably anllclpated in providing bona fide fringe benefits antler a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davls- Bacon Act have been me[. The Secretary of Labor may require gte contractor to sal aside In a separate account assets for the meeting of ohligatlons under the plan or program. (Approved by the ONice of Management and Budget under OMB Control Number 1215-0140.) 2. Wlthholding. HUD or its designee shall upon Its own action or upon written request of an authorized representative of the Depadment of Labor withhold or cause to he withheld from the contractor underfhls contract ar any other Federal contract with the same prime canlraclor, or any other Federallyassistedcontract subject to Davis-Ratan prevalltng wage requirements, which is held by the same prime contactor so much of the accrued payments or advances as may be considered necessary to pay lahorers end mechanics, Including apprentices, trainees and helpers, employed by the canlraclor or any subcontractor the Full amount of wages required by the conlracl In the event of failure to pay any latiorer or mechanic, Including any apprentice, Vainee or helper, employed or working on the site of the work, all or part of 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 12 of 15 Protect 6003-10397-1 the wages required by the conlracl, HUD or its designee may, aker written notice to the contractor, sponsor, applicant, or owner, lake such action es maybe necessary to cause the suspension al any further payment, advance, or guarantee of funds until such violations have ceased. HUD or Its designee may, aker written notice to the contractor, disburee such amounts withheld far and an aoceunt of Iha conlraclor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (I) Payrolls and basic records. Payrolls and basic records relating thereto shall he maintained by the contractor during the course of the work preserved far a perfod of three years ihereaker for all laborers and mechanics working at INe site of the work. Such records shall contain the name, address, and social securfty numher of each such worker, his or her cercect classlllcallon, hourly rates of wages paid (including rates of contdhutions or costs anticipated for bona fide (doge benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of Ihebavis-bacon Ad), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1 )(iv) Thal the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated In providing benefits under a plan or program descdbed In Seclian I(b)(2)(B) of the Davls~Bacan Acl, the contractor shall malnlaln records which show that the commitment to provide such benems'Is enforceable, that the plan or program is financially responsible, and that the plan or program has peen cemmublcaled In writing to the laborers or mechanics afiecled, and recerds which show the costs anllcipaled or the actual cast incurrerl Inprbvlding such benetils. Contractors employing apprentices or trainees under approved programs shall malnlaln wriNen evidence of the reglstratlda of apprentceship programs end cedikcation of lralnee programs, the registration of the apprentices and trainees, and the relios and wage rates prescdhed in the applicable programs. (Approved by the ONice of Management and Budget under OMB Control Numbers 12150140 end 1215-0017.) (II) (a) The contractor shall submit weekly for each week in which any ceniract work is performed a copy of all payrolls to HUD ar its designee if the agency is a party to the conlracl, but If the agency is notsuoh a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may he, for transmission to HUD or Ns designee. The payrolls submitted shall sat cut accurately and completely all of the 7nlormation required to be maintained under 29 CFR 5.5(a)(3)(Q except that full social secudty numbers and home addresses shall not beinclurled on weekly transmittals: Instead the payrclls shall only need to Include an Individually identifying numher for each employee (e.g., the last four digits of the employee's social secudty number). aria required weekly payroll inlarmation may be submitted in any form tleslred, Optional Form WH-3471s available for this purpose from the Wage and Hour Division Weh site al bkpt/www.dot.gav/esalwhd/lormshvh347inslrhlm or Its surxessor site. The pdme contractor Is responsible for the submission of copies of payrolls by all suhconlractors. Contactors and suhcontraclore shall maintain tNe full social secudty number and current address of each covered worker, and shat(provide them upon request to HUD or Its designee if the agency is a party to the conlracl, but II the agency is not such a party, the contractor will submit the payrolls to the appliceni sponsor, or owner, as the case may be, tar transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of en Invesligalion or audit of compliance with prevailing wage regojremenls. II Is not a violation of this subparagraph for a pdme centraclor to require a subcontractor to provide addresses and social security numhere to the prima conractor for its own receNs, without weekly submisslon to HUD orals designee. (Approved by the OHlce of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subconlraclar or his or her agent who pays or supervises the payment of the persons employed under the contract end shall certify the following: (7) That the payroll for the payroll period contains the Inlormalion required to be provided under 29 CFR 5.5 (a)(3)(iI), the appropriate Inlarmatlon Is tieing meintalhetl under 29 CFR 5.5(a)(3)(q, and That such Information is correct end complele;(2) That each laborer or mechanic (Including each helper, apprentice, and lralnee) employed on the conlracl during the payroll period has been paid the lull weekly wages earned, without rebate, either directly or indirectly, and Ihal no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deduc0ons as set forth In 29 CFR Pad 3; (3) That each laborer or mechanic has keen paid not lass than the applcable wage rates and fringe benefits or cash equivalents for the classilicalion of work performed, as specllled In the applicable wage determination incorporated into the conlracl. (c) The weekly submisslon of a properly executed ceNlicatlon se[ forth on the reverse side of Optional Form WH-347 stiall satisfy the requirement for submission of the "Slalement of Compliance" required by subparagraph A.3.(il)(b). (d) The falsification of any of the above certilicalions may subject the contractor or subcontractor to civil or criminal prosecution under Seclian 1001 0l Tllle 18 and Section 231 0l Title 31 0l the Unlled Stales Code. (III) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available far Inspection, copying, or transcdpllon by authodzed representatives of HUD ar its designee or the Department of Labor, and shall permit such representatives to Interview employees dudng workng hours on the Jc6. II the cenbaclar ar subcontractor fells to submit the required records or to make them available, HUD or Its designee may, after written ndtlce to the contrector, sponsor, applicent or owner, lake such action as may he necessary to cause the suspension of any ludher payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trelnees. (I) Apprentices. Apprentices will be permitted tc work al less than the predetermined rete for the work they performed when they are employed pursuant to end Individually registered In a bona Ilde apprentceshlp program registered vAlb the U.S. Depadmenl of Labor, Employment and Training Adminlslrallon, Ofllce of Apprenticeship Training, Employer and Lobar Services, or with a Stale Apprenticeship Agency recognized Ny the ONice, or If a person is employed In his or her firsl90 days of probationary employment as an apprentice in such an apprenticeship program, who Is not individually registered In the program, but who has been codified by the Olkce of Apprenticeship Training, Employer end Labor Services or a Stale Appren9ceship Agency (where appropriate) to be eligible for probationary employment as en apprentice. The allowable ratio of apprentices to journeymen an the Job site In any crak classilicalion shall net be greater than the ratio permitted to the conlraclor as lolhe entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Is not registered or otherwise employed as staled shove, shall be paid not less than the applicable wage rate on the wage delerminallon for the classlflcallon of work actually performed. In addllion, any apprentice performing work on the job site In excess of the ratio permitted under the registered program shell be paid not less than the appllrable wage rate on the wage delerminalion for the work actually performed. Where a conlraclor is performing censiruclion on aprojecl In a locality other than Thal in which Its program is registered, the ratios and wage rates (expressed In percentages of the Journeyman's hourly rale)specilled in the contractor's or subconVaclor's registered program shall be observed. Every apprentice must be paid al not less than the rate specified In the registered program for the epprenGce's level of progress, expressed as a percentage of me jcurneymen hourly rate specified in the applicable wage delerminallon. Apprehllces shall be paid Iringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program 8TH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 13 of 15 Protect 6003-10397-1 does no[ specify lringe benetlis, apprentices must be paid the full amount of lringe benefits listed on the wage determination far the applicable classification. If the Administrator determines that a tligerent practice prevails tar the applicable apprentice classification, fringes shall be paid in accordance with That determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a Stale Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the conkaclor will no longer be permitted to utilize apprengces at less than the applicable predetermined rate for the work performed uriNl an acceptable programis approved. (II) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work pedormetl unless they are employed pursuant ;lo and indlvldually registered in a program which has received prior approval, evitlenced by formal certificetion by the U.S. Department of Labor, Employment and Training AdminisVation. The retio of trainees to Joumeymen an the job site shall not he greater than permitted under the plan approved by the Employment and Training Adminisirallon. Every trainee must be paid al not less than Iha rare speciged in the approved program for the Ireinee's level of progress, expressed as a percentage of the Joumeymen hourly rate specified in the applicable wage determination. Trainees shall be paid lringe bene0ls in accordance with the provisions of Ihehainee program. If the Trainee program does not mention lringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Adrrdnisiralor of the Wage end Hour Division determines that there is an apprenticeship program associated with the corresponding Journeyman wage rate on the wage determination which provides for less Than lull Idnge benefits for apprentices. Any employee listed on the payroll al a trainee rate who is not registered and padicipallpg in a (raining plan approved by the Employment and Training Administration shall he paid not less then the applirable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the Joti she in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage deterninalfon for the work actually performed. In the event the Employment and Treining Adminlslration withdraws approval of a Ireleing progrem, the cootraclor will no longer he permitted to u9lize Vainees at less than the applicable predetermined rete for the work perfared until ah acceptable program Is approved. (III) Equal employment opportunhy. The ultlizalion of apprentices, trainees and joumeymen under 29 CFR Part 5 shall be in conformity wish the equal employment opportunity requirements cl Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The coniraclor shall comply with the requirements of 29 CFR Part 3 which are Incorporated by reference in this conlracl 6. Subcontracts. The coniraclor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in ihts paragraph A and such other douses es HUD or its designee may by appropriate insW clions require, and a wpy of the appllceble prevailing wage decision, and alsd a clause requiring the euhcanlragore to Include these clauses)n any lower Iler subcontracts. The prime contractor shall be responsible for the compliance by any suhcontraclor or lower tier subcontractor with all the conlracl clauses in this paragraph. 7. Contrecl termination; debarment. A breach of the contract clauses in 29 CFR 5,5 may be grounds far terminatian of the conlracl and tar debarment as a contractor and a subcontractor as provided In 29 CFR 5.72. 8. Compliance with Davis-Bacon and Related Act Requlremenfs. All mlings and interprela9ons of the Davis-Bacon and Related Acls contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this conlracl 9. Dlsputesconcerning labor standards. Disputes arising out of the labor standards provisions of this conlmct shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Lahar set forth in 29 CFR Paris 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of its subcontractors) and HUD or Its designee, fhe U.S. Department of Labor, or the employees or their representatives. 70. (I) Cerllficetion of Eliglblllty. By entering into this contract the centractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm Is a person or firm ineligible to beawarded Govemmenl wnkacls by virtue of Section 3(a) of the DaJla-Bacon Act or 29 CFR 5.12(e)(1) or td be awarded HUD contracts or parliclpate in HUD programs pursuant to 24 CFR Part 24: (II) No part of Ihls conlracl shall be subcontracted to any person or Orm Ineligible far award of a Government conlracl by virtue of Secllon 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or parlicipale in HUD programs pursuant to 24 CFR Part 24. (111) The penalty for making false slalemenle Is prescribed In the U.S. Criminal Cade, 18 U.S.C. 1007. Addidonally, U.S. Criminal Code, Section 1 01 6, Title i6, U.S.C., "Federal Housing Adminlslration irahsacllons", provides in part: "Whoever, for the purpose ol.. . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to he false..... shall be Oned not more than $5,000 or imprisoned not more than two years, or both " 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or In any other manner discriminated against by the Contractor or any suhcontraclor because such employee has Illed any complaint or Insfituled ar caused to be instituted any proceeding or has testified or is about to testify In any proceeding under or relating to the labor standaMs appllceble under this Coniraclto his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are epplirable where the amount cl the prime contract exceeds $100,000. As used In this paragraph, the terms "laborers" and "mechanics" Include watchmen and guards. (1) Overtime requirements. No wntraclor or subconhactor cenlracling lorany part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek in which the Ihdlvldual Is employed on such work to work In excess of 40 hours In such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half Ilmes the basic rate of pay for all hours worked In excess o140 hours in such workweek. (2) Violation; IlaWltty for unpaid wages; Ilquldated damages. In Iha event of any vtolalion of the clause sal forth in subpara0raph (1) of this paragraph, the contractor and any subconlraclor responsible therefor shall be liable for the unpaid wages. In addition, such coniraclor and subcaniractor shall he liable to the United Slates (in the case of work done under contract tar the District of Columbia or a territory, to such Dis[dct or to such territory), far liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, Inciutling watchmen and guards, employed ih vtolalion of the clause sal forth in subparagraph (1) of this paragraph, in the sum of $70 tar each calendar day on which such Individual was required or permitted to work in excess of the standard workweek of 40 hours without payment ollhe overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Withholding for unpaid wages and Ilquldated damages. HUD ar its designee shall upon its own actlon or upon written request of an authorized representative of the Department of Labor withhold ar rouse to he withheld, from any moneys payable on axounl of work performed by the contractor ar subconlraclor under any such contract or any other Federal contract with the same prime contract, or any other Federelly- BTH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 14 0115 Project 6003-10397-1 assisted contract subject to the Contract Work Hours and Salary Standards Acl which is held by the same prime contractor such sums as maybe delermined to be necessary to satisfy any liabilities of such conkactor or suboontreclor for unpaid wages and liquidated damages es provided in the Gause set forth In subparagraph (2) of this paragraph. (4) Subcontracts. The conlraclor or subcontractor shall Insert In any subcontracts the clauses set forth In subparagraph (1) Through (4) of this paragraph end also a clause requldng the subconlrectars to include These clauses in any lower tier subcontracts. The prime conlraclor shall be responsible for compliance by any subconlreclor or lower gar subcontreclor with the clauses set lorth In subparagraphs (1) through (4) of This paragraph. C. Heahh end Safety. The provlslons of Ibis paragraph C are applicable where the amount of the prime contrecl exceeds $100,000. (1) No laborer or mechanic shall ba requires tc work in surroundings or under working condigons which are unsanitary, hazardous, or dangerous to his health end salary as delermined under construction salary and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations Issued by the Secretary of Laborpursuant to Tllle 29 Pad 1926 and failure to comply may result In imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Acl, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The coMreclor shall Include the provisions of Ibis paragraph in every subwntracl so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontrector as the Secretary of Housing end Urt1an Development or the Secretary of Labor shall direct as a means of enforcing such provlslons. Previous editions are obsolete. Form HUD-4010 (06-2009) rel. Handbook 1344.1 BTH STREET PARK RESTROOM AND PLAYGROUND -REBID -CONSTRUCTION page 15 of 15 Project6003-10397-1 1- J W 0 m d ~n d s HI 1 o '~ ~ ~ n II l 0' ~ ~ H H o ~ Q ~~ 3 w Y a O Q AIA Document A312T"" - 2010 Performance Bond CONTRACTOR: (Name, legal s/atvs and address) Bdcon, Inc. 2345 E. White Hawk Meridlan,ID 83646 OWNER: (Name, legal status and address) Cliy of Meridian 33 E Broadway Meddlan, Idaho 83642 CONSTRUCTION CONTRACT Date: August I ~ , 2013 Amount: $131,228.50 SURETY: (Name, legal status and principal place ojbusiness) Developers Surety and Indemnity Company Five Centerpointe, Suite 530 Lake Oswego, OR 97035 Description: (Name and location) Bth Street Park Reslroom and Playground - Rehld- Construction Project # 6003-10397-1 BOND Date: August ~, 2013 (Not earlier than Construction Contract Dale) Amount: $131,228.50 Modifications to this Bond: ®None ^ See Secfion 16 Bond No.754607P ~~ This document has Imponenl legal consequences. Consulletlon with en etlamey Is encouraged with respell to its comple6an or modl6cetlon. Any singular reference to Conbaclor, tiurery, Owner or other perry shell he considered pWral where applicable. AIA Document A312-2010 combines Iwo eeperele bonds, e Perfonnence Bond end e Payment Bond, Into one loan. This Is not a single eomblried Performance end Payment Bond. CONTRACTORASPRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea!) Brlcon, Inc. ~~Developers Surety and Indemnity mpany Signaturo: Signatur . Name Herb Brice, Vice President Nama Ka I A hter, Atlo ey-In-Fact end Title: end Title: (Any additional signafares appear an the last page ojihts Perfor (FOR INFORMA770N ONLY- Name, address and telephone) AOENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer orofherparty:J 5605 Overland Rd. Boise, ID 83705 Phone (208)345.4177 Fax (208) 3114-1677 inh. NA DOaurrNrn A773°-3070. TheAmedunlnetlNk otAreMrocre. mmo § 7 If the Surety elects to act under Section S.I, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greeter than those of the Contractor under the Conswsion Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Conshuction Contract. Subject to the commitment by the Owner to pay the Balance of the Conhact Price, the Surety is obligated, without duplication, for .1 the responsibilities ofthe Contractor far coaection of defective work and completion of the Construction Contract; .2 additional legal, design professional end delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance ornon-performance of the Contractor. § 8 If the Surety elecu to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited [o the amount of this Band. § 8 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the ConsWCtion Contact, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcantrects, purchase orders end other obligations. § 11 Any proceeding, legal or equitable, under this Bond maybe instituted in any court of competentjurisdision in the location in which the work or part ofthe work is located and shall be instituted within two years after a declaration of Contrector Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Hond, whichever occurs first. If the provisions of this Paragraph ere void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be conswed as a statutory bond and not as a common law bond. § 14 DeMlUons § 14.1 Balanee of the Contract Price. The total amount payable by the Owner to the Contractor under the Constmsion Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper paymenu made to or on behalf of the Contractor under the Construction Contras. § 14.2 Conelruc0on Contrail. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents end changes made to the agreement and the Contras Documents. § 14.3 Conlrailor0efault. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Cons[usion Contmct. § 14.4 Owner DelauN. Failure of the Owner, which has not been remedied or waived, to pay the Contrssor as required under the Construction Contrect or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contras! Documents. All the documents that cemprise the agreement between the Owner and Contrasor. § 15If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contrector in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. tma. AIA DOeumeM A3[4e1-4070. The American lnatlNte MA,chaxte. Document A312T"' - 2010 Payment Bond CONTRACTOR: (Name, legal status and address) Brlcon, Inc. 2345 E. White Hawk Meridian, ID 83646 OWNER: (Name, legal status and address) SURETY: (Name, legal status acrd principal place ojbuslness) Developers Surety and Indemnity Company Five Centerpolnte, Suite 530 Lake Oswego, OR 97035 City of Meddlan 33 E Broadway Meridian, Idaho 63642 CONSTRUCTION COjJTRACT Date: August r , 2013 Amount: $131,226.50 Description: (Name and location) 6th Street Park Restroom and Playground -Rebid- Construction Project # 6003-10397-1 BOND Date: August', 2013 (Not earlier than Construction Contract Date) Amount: $131,220.50 Modifications to this Bond: ®None ^ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Brlcon, Inc. ~- Developers Surety Signature: _-'';ref" r~~ Signetur . Name Herb Brice, Vlce President Name Karyl end Title: and Title: (Airy addiflonal signatures appear on the last page ojthis P mei (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or ofherparty:) 5605 Overland Rd. Boise, ID 63705 Phone (206) 345.4177 Fax (208) 384-1677 Bond No. 754607P A~ This doeumenl has Important legal censequencea. Consultallon with en ettomay Is encouraged with rasped to ks canple0on or modification. Any singulaz reference to Comredar, Surety, Owner or o6rer party shell be coneldered plural where eppllrable. AIA Dowment A312-2010 combines bno separate bonds, e Performance Bond and e Payment Bond, into one farm. This Is not a single cembined Performance and Payment Bontl. InR AIA DaeunrndAat2°-3010. The AmedranlNalure arMhaeeb. mtrrr § 1 D The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Constmction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contmct or to related subcontracts, purchase orders and other obligations. § 12 No suitor acrion shell be commenced by a Claimant under this Bond other than In a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (I) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Construction Contract, whichever of (I) or (2) first occurs. [f the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available [o sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Cla'uns, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been famished 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 wnfonning to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Ownet• shall promptly famish a copy of this Bond ar shall pemlit a wpy to be made. § 15 Dafini8ans § 18.1 Clalm. A written statement by the Claimant including at a minimum: .1 [he name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment famished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was famished for use in the performance of the Construction Contract; .4 a 6riefdescription of the labor, materials or equipment famished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Constmction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment famished es of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished es of the date of the Claim. § 18.2 Clalment An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall 6e to include without limitation in the terms "labor, materials or equipment" that part of wetey gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Constmction Contract, arohitecmrsl and engineering services requ'ved for performance of the work of the Contractor and the Contractor's subcontractors, and ell other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. § 18.3 Constmction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contact Documents. AIA DoaumeM Aa13"' -1070. The AmeAran Inalaule of A~chaecb. InM. 7 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO 8oz 19725, IRVINE, CA 92623 (949) 263-3390 KNOW ALL BY THESE PRESENTS that ezcepl as expressty limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, cons0lule and appoint "`Karyl A. Richter, Janet K. Holthaus, jointly or severally"` as their hue and IawfulAtlomey(s}in-Fad, to make, ezecule, defiver and ecknpwledge, far and on behalf of said corpora0ons, as sureties, bonds, undedakings and cenlmcls of surety- shlpgiving and granfing unto saldAtlomey(s}in-Fact full power and authority to do and to pedarm every act necessary, requisite or proper to be done in cennecfion lherewlth as each of said capaalions mould do, but reserving to each of said corporafions full power of subs0lufion and revoca0on, and ell of the acts of Bald Attorney(s)-in-Fact, pursuant to Ihese presents, are hereby regfied and confirmed. This Power olAttaney is granted and Is signed by facsimile under and by authority of the Idlowing resolullons adopted by the mspacliue Boards of Directors or DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effec9ve as of January 151, 2009. RESOLVED, Ihel a combina0on of any Iwo of the Chairman of the Board, the President, Executive UCe-President, Santa Mce~President or any Uce President of the corporations be, and that earn of them hereby is, authorized to execute this Power of Attorney, qualitying the attorney(s) named In the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and conbacts of suretyship; and IhaL Iha Secretary or anyAssislanl Secretary of either of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that he signatures of such e(ficers may be affixed to any such Parer of A9aney or to any cerOficale rela0ng Ihaelo by facsimile, and any such Power of Allomey or cedificale bearing such facsimile signatures shall he valid and binding upon the cdrporafions when so afixed and in the Nlure with respect to any bond, undertaking or conkaclaf suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY end INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by (heir re`spe~cti/ve oKce~rs a)nd attested by Ihelr respective Seaelary aAsslslanl Secretary this May 23, 2013. ~~ On Mav 23 2013 before me, -__ Glna L Garner Nelary Public _ _ Date Here Insert Name and Tfie of the Officer By' ~ ' °tY SAND, iN"•,, Daniel YOUng, Senior Vice-President ,. PF' "'""""• ~R'-, ~~J r'"µPORq' q. ., ry ,.•'VO T~'.' a e h :m. OCT. s.a; By: '// ey 10 ne 20:. 1936 ;o` regg N.O ice-President ;"Jr,•t• :n Slate or Califomia *. County of Orange "' personalty appeared. `_. Daniel Young and Greqg N. Ohura Name(s) of Signer(s) who proved to me on the basis of safisfaclary evidence to he the person(s) whale name(s) Islare subscribed la the within inshumenl and acknowledged to me that he/she4hey exealed gre same in hislher/lheir authorized ° capacity(ies). and that by hlslherllhair signature(s) on the lnsWmenllhe person(s), or the enfity upon behalf of GINA L. GARNER which the person(s) acted, executed the InstmmenL a ~: COMM. q 2021213 f °~ ~ NOTAHYPUBLICCALIFORNIA 3 ORANGE COUNTY My comm. errplres May 10, 2017 Place Notary Seal Above I certity under PENALTY OF PERJURY under the laws of the Stale of Califomia that the foregoing paragraph Is lme and correct. WITNESS my hand end official seal. ~ , ~~ 1)7'Lrr3 Gina L. Gamer, Notary Public CERTIFICATE Thor undersigned, as Secretary aAssislanl Seaelary or DEVELOPERS SURETY AND INDEMNITY COMPANY a INDEMNITY COMPANY OF CALIFORNIA, does hereby certify Ihal the foregoing Power of Allomey remains in full force and has not been revoked and, rurthennore, That the provisions of the resolufions of the respecOva Boards of Directors of sold cerpora0ons set Perth in the Power of Allomey are in force as or the dale of Ihls Certificate. This Certificate is executed in the Cityef Irvine, California, this day of ~U~uS{ , ~~ By: ei~ ( V Mark J. Lansdon, Assistant Secretary ID-13S0(Rev.g5113) OMPANYO~ h~G QpPOgA n r~, yr ~=0CT.5 00 ur 1967 _~ oy ~AUFOP~~P'S VO/1J/LV1J L:lU I'm 1'fLA qe UUUl/UVUL CERTIFICATE OF LIABILITY INSURANCE ~ a THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFlCATE DOES NOT AFFlRMATNELV OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. THIS CERTIFlCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S~, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the eBrtlRcale holder Is an ADDITIONAL INSURED, the pollcy(Iea) must be 9ndorsad. If SUBROGATION IS WAIVED, subJact to the terms and condlUona of the pOllcy, certain pollcles may require an endorsement. A statement on this eertlRcata does not confer dghts to the PROWLER Fuhrimaa Iaauraaoe Agency Eac -- -' oo coiosmo P oNE (2OB) 327-3400 . {288{327-3962 PO Hox 140059 .'o0fuhrimanins.0om 9603 P7 Chiaden Blvd IN9URER8 AFFOROIND CDVEMDE NAICf Boise ID 83714 INSURERA:Btate Iasurance Fuad 6102 IISUREO INSURERS Bricon Iao INBURERC: 2000 B Paradise Lane IN9uRERO: ID CERTIFICATE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THt pOUCY rtnlOu INDICATED. NOTWRHSTJWDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WHICH THLS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN D CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE DF INSURANCE pOLICY NUMBER M01C~ MMI ~ LIMITS GENERAL LUIBILIIY EACH OCCURRENCE S COMMERdAL GENERAL LIABUTY PRE I Aaeartence S DLNM$MAOE ~ OCCUR MED E%P IA,rv ana son) S PERSONAL A AOV INJURY S GENERAL AGGREGATE S OENL AGGREGATE LIMIT APPLIES PFA PRODUCES-COMPIOP AGG S POLICY PRO- LOC S U AUTOMOBILE LIABILRY Ea ecG ant ANY AUrO BOdLY INJURY (Pet pprsgn) S OS NED AU ^UTOEWLED BOdLY INJURY {Pet eultlenll S T HIRED AUTOa AUTOS~ED er eecldanl S t UMBRELLA LIAR OCR EACH OCCURRENCE S E%CE98 LIAR CLAIMSMAOE AGGREGATE S DED RETENTIONS S A WO RHER9 COMPENSATION TNC 6TATU~ OTp- ANOEMPLOYERS' OABILITY Alfi PROPRIErdJPAATNERlEla:alnVE YIN EL EACH ACCIDENT S 100 000 OFFICERIAEMBFA E%CLUDEm ~ I M eetletory In NH) NIA 18736 0/1/2012 0/1/2013 EL DISEASE-EA EMPLOYE S 100 000 ~ y ~ DESStRIPTION OF OPERAnON9EebW EL DISEASE-POLICY LIMIT S 500 000 DEBCPoPTON OF OPERATON91 LOCATION91 VEHICLEe (Aeech ACORD 707, Atltlklpnel MmuXe schedule, ll more specs b raqulredl REE:Bth Street Park Restroom and Playground -REBID -Cons truotion to be boated at 2235 NFS 8th Street, Meridian, Idaho 13 city of Meridiaa ATTN: Purchasing Department 99 E. Broadway Ave, Ste 106 Nferidiaa, ID 83642 SHOULD ANY OF THE ABOVE DeSCRIBED POLICIES BE CANCELLED BEFORE iHe EXPIRATION DATE THEREOF, NOTICE WILL BE DBLNERBO IN ACCORDANCE WITH THE POLICY PROVIBIONe. Colombo/CWAHD ~+P ®1880-2010 ACORD CORPORATION. All rlgMe reserved. INSD25 DDlopsl of The ACORD name and logo ere regletered merke of ACORO Ijijl VVVL/VVVL ~ ~~~R~B / CERTIFICATE OF LIABILITY INSURANCE /`T --~ OA7E IMMIDDM/Y17 ~ / e/13/zD13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFlRMA7IVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED EY THE POLICIES BELOW. THIS CERTIFICATE OF IN6URANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: II tha eertlDeate holder Is an ADDITIONAL INSURED, the polley(las) must be endorsed. II SUBROGATION IS WAIVED, subJeel to the lenns and candltlons o1 the Polley, eertaln pollGles may require an endorsement. A slalement on this certlRcata does not confer Nghls to the certlRcele holder In Ileu of such endorsement s . PROWLER ~ E: Jo COlOmbo $uhrilRaII InearaIICO AgeIICy IIIC °~ . (203) 327-3400 N ; 1188)327-3462 PO Box 140059 o@£uhrimanins.com 9603 W Chiadea Hlvd IN9URE 9 AFFORDINOCOVEMG! NAICi HO1Be 3D 89714 INeURERA ,AatG-OWIIPSB Iasuraaee 9988 INeURlD IN9URERa: HriCOII IIIC IN9UNERC: 2000 E Paradise Laae INSURBRO: INBUFIERE: Meridian ID 83642 uRERP: COVERAGES CERTIFICATE NUMBER:13-14 OL/Auto REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF IN6URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIfHSTANONO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WRH RESPECT TO WriICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NPE OF INeURANCE pDLICY NUMBER MMI FF MMLI %P LIWTB 1 GENERAL LV161LRY EACH OCCURRENCE S 1,000,000 X COMMQtCIAL GENERAL LIABILITY MISEE EO OCCVrtenee S 50,000 A CLMMSMAOE ®OCCUR X 7525403 /1/2013 /1/2019 MEO E%P one efsonl S 5,000 PERSONAL40.0V INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PROOUCTG•COMPIOP AGG S 2,000,000 X POLICY PRO- LOC S AVrOMOBILE LIABILITY EO eecHenl 1 000 000 ANY AUTO BOCLY INJURY (Per persanl S A ALL OWNED AVT09 ~[ 9CHEWLEO AUTOS 852540300 /1/2013 /1/2019 BODILY INJURY IPer BCCMenN S X HIRED AUTOS X NON•OWNED AUTOS AM Per ec I nl S Madleel mauls S 5 000 UMBRELU LIAB OCCUR EACH OCCURRENCE S EXCE99 LIAB CLAIMSMAOE AGGREGATE S OEO REr ON S WO RHERe COMPENSATION ' T YSrA1wTlTA TN' ANDTRAPLOYERe LIABILITY WTIVE ~ UE I EL EACI ACCIDENT 3 ^ FFICER4AE DE07 MaBi ERGL NIA IMsndelOry In NH) EL DISEASE-EA EMPLOYE S II y0i d6eGIbB ender DESCRIPTION OF OPERAnONGbebw EL DISEASE-P000Y LIMIT S OEBCPoPTON OF OPEFUTION9/LDCIITION8IVEHICLE81A4ach ACORD 187, AddAlonel Remab 9Medule,l/mars epaele nqulreq - 13ICF:Bth Street Park Restroom and Playground -REBID -Construction to be located at 2235 NFr 8th Street, Meridian, Idaho The City o£ Meridian is listed as Additional Insured. -4813 City o£ Meridian ATTN: Purchasing Department 39 E. Broadway AVe, Ste 106 Meridi.aa, ID 93642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE 7H¢REOP, NOTICE WILL BE OELNERED IN ACCORDANCE WITH THE POLICY PRONBIONB. Colombo/CWARD ~d All rlgMe reserved. IN9D251zolaosl of The ACORD name and logo ere regleteretl marks of ACORU a usa, a lla l 1~ ,alusraa "f~13ui)Idin~. $a e~tt~~ ~ r ~ ~ ,~ ~ i I~~, Login -~ ...,_ '; Publlc ~'~. Public Works Search l~ Sean:h Aoain Dewnloatl Results Prlnlable View ', Ir Contractor ;Search j PEflMITS ' LICENSE '. POBLIC WORKS '. VIOUTIONS '. ELEVATORS Comoanv Name License Number Work Caleaorv(sl License Tvoe Llcl BACOn, Inc, PWC-C-17823 00003, 02555, 02740, 03300, 03200, 02220, 02310 3, 4 AA First Prnv Page; 1 oft Nexli ~ Last ~, Details -License Number: PWC-C-11823 Llc Info Bus Llc Fees E7,760.00 RegislrallonfF: PWC-C-17523 ISSUe: 3/26/2013 Expire: 3/3112014 Type: PUBLIC WORKS Sub-Type: AA Slalus: ACTIVE ComplName: Briton, Inc. Addressl: 2345 E. Whlla Hawk City, Sale, Zip: MERIDIAN, ID 83fi46 Phone: (208)888-3746 Cell: (208) 869.4827 Pager: Fax: (208)984-3087 Owner Name: L{ m~e I CONTACT US '. /bunetlby .r~~.{.1 /SYSTE1f5 '.,.. https://data.dbs.idaho.gov/etrakit2/Idaho_PublicWorksSearchRslts.aspx 8/9/2013 a ubl. l vl t IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [Back to Summary ] [ Get a certificate of existence for BRICON INC. ] BRICON, INC. 2345 E WHITE HAWK MERIDIAN, ID 83646 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 06 ]un 2013 State of Origin: IDAHO Date of 20 Aug 2007 Origination/Authorization: Initial Registered Agent: MARK BRICE 2345 E WHITE HAWK MERIDIAN, ID 83646 Organizational ID /Filing C174619 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 04 Jul 2012 Original Filing: [ Helo Me Print/View TIFF ] Filed 20 Aug 2007 INCORPORATION View Imaoe (PDF format) Vlew Imaoe (TIFF format) Amendments: [ Helo Me Print/View TIFF ] Amendment Filed 17 Nov REINSTATEMENT View Imaoe (PDF format View 2011 Imaae_(TIFF format) Annual Reports: [ Helo Me Print/View TIFF ] Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 REINSTATEMENT Vlew Imaoe (PDF format) View Imaoe (TIFF format) Report for year 2010 ANNUAL View Imaoe (PDF format) Vlew REPORT Imaoe (TIFF format Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Imaoe (PDF format) View REPORT Imaoe (TIFF format) Idaho Secretary of State's Maln Paae State of Idaho Home Paae Comments, questions or suggestions can be emafled to: sosinfoCla sos.idaho.aov http://www.accessidaho.org/public/sos/core/C174619.html 8/9/2013 v m A a v H O C4 W a C H ro .. u q ~u O U yCb N H H ro v U m a 5 N ei ~ o r ~ ~ ~~,tl\ m H H ~ '~ O u y X rm, ° ~[afL °' c~ ~ W , ~ O N ~ q N b vi O .i w D H i µ, W 7 M da w ro N q 7 a w 0 a~ v u N a+ an ao dr a.l av dr 0 0 0 o m m m w ~ 0 0 0 o r H H O q o 0 0 o H N H N N N L W ('i rl p ~ 7 U 7 E w a a N p O O p C C in N m O pl I p p ~ q M p b N bl l0 b 11 'N b N 1'1 r r: r r W q H a rt r rv r tit ~ ~ ro m N H I m m m w w ~ p a I N p O O ~ b~ bl b ~ Itl 1~1 0 o I m~ m m I W N~ m p o N ml ; m m i .~ I b N rl Y r ~ ml vl l0 vl b y p y N N~ N N H Q n N n m 0 0 0 O O O O y+' N ' o o n o N N N 1 ,~ C O O lp O bI I b b 3 N N . 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