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Independent Contractor Agreement with Cascade Pipeline for Site 12A Sewer Replacement Project Construction
City of Meri dia n Purchasing D ept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Ashley Newbry Date: 8/28/13 Re: September 3 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 3 City Council Consent Agenda for Council's consideration. Award of Bid and approval of Contract for "Elm Street Sewer Main Construction' to Cascade Pipeline Corporation for the Not-To-Exceed amount of $51 830 00 This contract is the result Bid # PW-13-10234. Recommended Council Action: Award of bid and approval of contract to Cascade Pipeline Corporation for the Not-To-Exceed amount of $51,830.00. Thank you for your consideration. • Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 7/25/2013 REQUESTING DEPARTMENT Public Works Fund: 60 Department: Construction: x 3590 GL Account: 95000 Project # PSA: Task Order: Project Name: Elm Street Sewer Main -Construction Project Manager: Ashley NE!Wbry Department Representative: Contractor/Consultant/Design Engineer: CASCADE PIPELINE / CIVII Survey Budget Available (Attach Reportj: Yes Contract Amount: $51,830.00 Will the project cross fiscal years? Yes No x E-Builder license Yes: N/A No: Budget Information: FY Budget: FY13 Enhancement q: Grant d: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Old Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 30 Day Waiting Period Complete: August 22, 2013 Date Award Posted: PW License p C-13771-AAA-1-2 Current? (attach print out) Y2S corporation status (Attach Print out): GOOdstandinp Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No X Rating: At August 26, 2013 Rating: A If yes, has policy been purchased? 10234c Correct Category? Date Submitted to Clerk for Agenda: August 28, 2013 Approved by Council Issue Purchase Order No. Date Issued: Issue Notice of Award: Date: August 26, 2013 Mayor Tammy de Weerd Cey Cogaall Mam6eelr Keith Bird Brad Hoaglun Charles Rountree David Zaremba Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Ashley Newbry, E.I.T. Staff Engineer DATE: August 13, 2013 SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH CASCADE PIPELINE CORPORATION FOR SITE 12A SEWER REPLACEMENT PROJECT CONSTRUCTION, FOR A NOT-TO- EXCEED AMOUNT OF $51,830.00. RECOMMENllED ACTION A. Move to: Approve the Agreement with Cascade Pipeline Corporation for the Site 12A Sewer Replacement Project Construction in a not to exceed amount of $51,830; and 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Ashley Newbry, Staff Engineer Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0385 489-0341 489-0350 489-0372 Page 7 of 3 III. IV DESCRIPTION A. Back rg ound Currently, a timeworn sewer main runs south to north through the backyards of residents between Meridian Road and NW Is`, from Elm Avenue to Cherry Lane. At this time, the sewer mainline even runs beneath the MGT Legacy Church building. Because of the poor condition and location of this utility, the City desires to abandon the sewer main within the next few years. By moving the utility out off of private property, the City would improve operation and maintenance access for our operations crew. B. Proposed Project The sewer main also runs through alleys to serve an additional four residential blocks to the south, to W. Cazlton Avenue. The construction of Sewer Site 12A will divert sewer from the southerly residential blocks into the new main in Meridian Road. Essentially, four out of five residential blocks will no longer utilize the mainine to the north. This is the first step toward relocating this main entirely into public right-of--way. In addition, the City will be able to abandon the portion of this sewer main that cun~ently runs beneath the MGT Legacy Church building. C. Contractor Selection Cascade Pipeline Corporation was the lowest bidder, has a Public Works Contractor license and is qualified to complete the required work. IMPACT A. Strateeic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact: Proiect Cost: Base Bid Amount (Not-to-exceed) $51,830.00 Total Costs $51,830.00 Proiect Funding: Sewer Line Replacements (3590-95000) -Budget Remaining $221,000.00 Total Funding $221,000.00 VI. TIME CONSTRAINTS Council's approval within this fiscal year will allow this project to occur as soon as possible. Funding has been allocated from the FY2013 budget. If postponed, this Page 2 oj3 would stunt planned development in anticipation to utilize the new sewer main in Elm Avenue. VII. LIST OF ATTACHMENTS A. Agreement for Independent Contractor Services --- ---~~ Approved for Council Agenda: ~y ~ at Page 3 of 3 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (ELM STREET SEWER MAIN -CONSTRUCTION) PROJECT # 10234C THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 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 Cascade Pipeline Corporation, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 1135. Meridian, ID 83680 and whose Public Works Contractor License # is C-13771- AAA-1-2. INTRODUCTION Whereas, the City has a need for services involving ELM STREET SEWER MAIN -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 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. ELM STREET SEWER MAIN -CONSTRUCTION page 1 of 10 Project 10234C 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 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 becompensated on aNot-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 51 830.00. 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 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, 2013 or (c) unless sooner terminated as provided in Section 3.4 or unless some other method or time of termination is listed in Attachment A. ELM STREET SEWER MAIN -CONSTRUCTION page 2 of 10 Project 10234C 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, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 30 (thirty) 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 two hundred dollars ($200.00) 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 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 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 liability to the CITY for damages. ELM STREET SEWER MAIN -CONSTRUCTION page 3 of 10 Project10234C 5. Independent Contractor: 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. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 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 employees. CONTRACTOR shall maintain. and specifically agrees that it will maintain throughout the term of this Agreement 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 bylaw.. 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, ELM STREET SEWER MAIN -CONSTRUCTION page 4 of 10 Project 70234C including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 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 or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 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. 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. 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: ELM STREET SEWER MAIN -CONSTRUCTION page 5 of 70 Project10234C CITY CONTRACTOR City of Meridian CASCADE PIPELINE CORPORATION Purchasing Manager Attn: John McNatt 33 E Broadway Ave P O Box 1135 Meridian, ID 83642 Meridian, ID 83646 208-888-4433 Phone: 208-895-0286 Email: cascade@cascadepipelinecorporation.com Idaho Public Works License #C-13771-AAA-1-2 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 constitute a breach of, and a default under, this Agreement by the 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 CITY. 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 ELM STREET SEWER MAIN -CONSTRUCTION page 6 of 10 Project 10234C 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 permitthe CITYto 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 Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 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. 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. ELM STREET SEWER MAIN -CONSTRUCTION page 7 of 70 Project10234C 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 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 an y and all claims for damages caused by an y 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. CITY OF MERIDIAN BY: /A TAMMY de RD. MAYOR BY; President Dated: q - 3 - -3 Dated: Si'-ZrS`-/3 Approved by Council: ~~, 01-©/,3 ~oAPTxn n ucOSr O ~Jy Ow CITY CLERK _ n ,,ciev~r ,owxo Purchasing Approval ~,~„ SEJsi. D~ AFT °r lie TAE A`+~PE, BY: rf~ a c.u ~(' ~~i r n n1 m Y; KEITH WATT , Purch singsing an~ Wp Dated:: 8Ta g /ao i ~ Dated:: ELM STREET SEWER MAIN -CONSTRUCTION Project 10234C tnglneering Manager page 8 of 10 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-13-10234C ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-13-10234C, are by this reference made a part hereof. ELM STREET SEWER MAIN -CONSTRUCTION page 9 of 10 Project 70234C Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $51,830.00. Contract includes furnishing all labor, materials, equipment, and incidentals as required for the ELM STREET SEWER MAIN -CONSTRUCTION per IFB PW-13-10234C Total Bid Schedule 1 ...................$51,830.00 CONTRACT TOTAL ....................... $51.83Q. CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item Price 205.4.1.6.1. DEWATERING 1 LS $5,000 306.4.1.C.1. IMPORTED TRENCH BACKFILL, TYPE A 40 CY $40 307.4.1.6.1. TYPE P SURFACE RESTORATION 176 SY $30 501.4.1.8.1. 8" PVC, ASTM D3034, DR 36,SANITARY SEWER PIPE 132 LF $175 502.4.1. D.1. 48" STANDARD SANITARY SEWER DROP MANHOLE, TYPE A 1 EA $4,500 603.4.1.A.1. 8" T-TYPE CLEANOUT PER MERIDIAN SD-S3 1 SY $S00 603.4.1.A.3. 4" SEWER SERVICE CLEANOUT PER MERIDIAN SD-S2 1 EA $300 504.4.1.A.1. 4" PVC, ASTM D3034, DR 36,SEWER SERVICE PIPE 27 LF $150 504.4.1. D.1. 4" SEWER SERVICE CONNECTION 1 EA $500 1001.4.2.A.1. STAGING AREA 1 EA $500 1006.4.1.C.1. INLET PROTECTION 4 EA $125 1103.4.1.A.1. TRAFFIC CONTROL 1 LS 1,000 2010.4.1.A.1. MOBILIZATION 1 LS $3,000 SP-1. SEWAGE BY-PASS PUMPING 1 LS S2.000 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. ELM STREET SEWER MAIN -CONSTRUCTION page 10 of 10 Project 10234C Login j public ', Publie Works Search ,l> Search Aoa'n Download Results Printable View Contractor Search '. rage t of I Comoanv Name License Number Work Cateaorvls) License 7vpe License Class Status it Cascade Pipeline Corporation PWC-C-13771 00001,00002 1,2 AAA ACTIV '. PERMITS LICENSE ;=iriii ,eev Page: t of 7 P!cc4 I Puauc woRKS '. Details -License Number: PWC-C-13771 ' VIOLATIONS . ELEVATORS __ - __ Lic Info~us LIc1Fees $2,250. _ - Regislration# PWC-C-13771 '. Issue: 7/26/2013 Expire: 7/31/2014 '. Type: PUBLIC WORKS Sub-Type: AAA '.. Status: ACTIVE Comp/Name: Cascade Pipeline Corporation '' Addfessl: PO Box 1135 City, Slale, Zip: MERIDIAN, ID 63680 '. Phone: (209)895-0286 Cell: (208) sal-2547 Pager: Fax: (208)998-0144 Owner Name: I Home i CONT A CT US ( ( PovreredbY ~If ft_j_( SY3T~M1IS https://data.dbs.idaho.gov/etrakit2/Idaho_PublicWorksSearchRslts.aspx 8/14/2013 ra~G 1 UL L ~a~ ~ z , ~ Qom;, `~~ ~~~~~`' IDAHO SECRETARY OF STATE ~~ ~~~ ~ ~ ~~ Viewing Business Entity ~~ ~_, ~P~__. U:~.:-'~ Ben Ysursa, Secretary of State ( New Search ] [Back to Summary ] [ Get a certificate of existence for CASCADE PIPELINE CORPORATION ] ~ASCA I~ELIIV~ ~®R~®RATTR9 PO BOX 1135 MERIDIAN, ID 83680 1135 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, 2ND AR NOTICE SENT 01 Aug 2013 State of Origin: IDAHO Date of 06 Jul 2000 Origination /Authorization: Initial Registered Agent: JOHN L MCNATT 645 COUGAR DR MERIDIAN, ID 83646 Organizational ID /Filing C134678 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 08 Aug 2012 ®riginal Filing: [ Heln Me Print/View TIFF ] Filed 06 7ul 2000 INCORPORATION View Image (PDF format) View Imaae (TIFF format) Al7lendnlent5: [ Helo Me Print/View TIFF ] Amendment Filed 18 ]ul 2000 NAME CHANGED TO View Imaae (PDF format) RAINIER View Imaae (TIFF format) CONSTRUCTION COMPANY, INC. Amendment Filed 23 Apr 2001 NAME CHANGED View Image (PDF format) TO CASCADE View Imaae (TIFF format) PIPELINE CORPORATION Amendment Filed 13 Sep 2002 OTHER - AMEND ARTICLE IV Annual Reports: Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT http://www.accessidaho. org/public/sos/core/C 134678.htm1 View Imaae (PDF format) View Imaae (TIFF format [ Helo Me Print/View TIFF ] View Document Online View Document Online View Document Online 8/14/2013 10.SGG V1L Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Idaho Secretary of State's Main Paae View Document Online View Imaae (PDF format) View Imaoe (TIFF format View Ima ae (PDF format) View Imaae (TIFF format View Ima ae (PDF format) View Imaoe (TIFF format) View Ima ae (PDF format) View Imaae (TIFF format) View Imaa e (PDF format) View Imaae (TIFF format) View Imaa e (PDF formats View Imaae (TIFF format View Imao e (PDF formatl View Imaae (TIFF format View Imao e (PDF format View , Imaae (TIFF format) State of Idaho Home Paae Comments, questions or suggestions can be emailed to: sosinfoCnlsos.idaho aov http://www.accessidaho.org/public/sos/core/C134678.htm1 8/14/2013 'RD~, "'°""" °°` CASCADEPIP CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YYYy) B/W/ZU73 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIC ATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURE R(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED b , su ject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts t th g o e certificate holder in lieu of such endorsement(s). PRODUCER Moreton & Compan -Idaho CO TACT Liz Schneider y P.O. Box 191030 PNONE ac Nu, Eat :208 321-9300 ac, NR ; 208-321-0101 Boise, ID 83719 nooaess: eschneider@moreton.com 208 321.9300 INSURER(B)AFFORDING COVERAGE NAIC p INSURERA: CIDCIOOatI InSUran Ce Company 'T- 10677 INSURED Cascade Pipeline Corporation INSURER e; Idaho State IDSUfanCe Fund 36129 PO Box 1135 - INSURER C: Meridian, ID 83680 INSVRER D: INSURER E COVERAGES rconn^wrc un..~.c..- INSURER F - ------- """" "'^'° """'°°^' REVISION NUMBER: THIS LS T(1 GFRTIFV T°wT TuF 0 - ---- ~ ~~-° °~- • -~~ ~~ ~~ ~~~ o~c~ acwvv ngvt BttN 158UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VMTH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, RESPECT THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES TO . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ALL THE TERMS, INSR gDDL SUB LTR TYPE OFINSURANCE INSR WVD . --_--~ _ POLICY NUMBER MM%OIOY~ MM DID LIMITS A GENERAL LfABILITY x ENP0183050 3!01/2013 03/01/201 EACH OC C URRENCE $JQQQ,QQQ X COMMERCIAL GENERAL LIABILITY T C PREM SESa oocu D CLAIMS MADE ~ I r ence $100,000 - OCCUR X PD Ded:3,000 MED EXP (Any one person) $ 5 000 PERSONALSADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY nPRO- ~ ^~JECT LOC- PRODUCTS-COMP/OP AGG $2,000,000 $ /~ AUTOMOBILE LIABILITY ENP0183050 3/01/2013 03/01/207 SINGLE OMIT E°e~eeD 1 X I $ ,000,000 ANV AUTO ALL OWNED SCHEDULED BODILY INJURY (Per person) $ AUTOS AUTOS BODILY INJURY (Per accitlenl) _ _ $ X X NON-OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ A ( UMBRELLA LIAB X OCCUR EXCESS LIgB ENP0183050 3/01!2013 03/01/201 EACH OCCURRENCE $2 OOO QQQ CLAIMS-MADE AGGREGATE $2 QQQ QQQ _ DED RETENTION $ B WORKERB COMPENSATION AND EMPLOYERS'LIABILITY ~ 591223 10/01!2012 10!01/201 WC STATU- 0TH- X $ Y/N ANV OT Ry LIMIT PROPRIETOR/PARTNER/EXECUTIVE OFFIC ER/MEMBER EXCLUDED? ~ N/A EL EACH ACCIDENT $SOO QQQ ly a If es des~ibe aHtler EL DISEASE-EA EMPLOYEE $500,000 Il4CI` DESCRIPTION OF OPERATIONS below ClOnne, n~ ~e~~nx.r~..n .. ~.---.....- ...~...-. __ .. . E.L. DISEASE-POLICY LIMIT $5Q0,000 ----~~- °-^°• ecoa lwuacnAwttu tm, Atlditional Remarks Schedule, it more space is required) Re: Elm Street Sewer Main -Construction Project # 10234C Certificate Holder is included as Additional Insured as required per written contract City of Meridian 33 East Broadway Ave. Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1CORD 25 (2010/05) 1 of 1 #S539265/M490252 ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ELISC Bond No. 2129963 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Nave, legal s[aurs and address) (Armne, legals(afns and principal place ofbasfnesr) Cascade Pipeline Corporation Old Republic Surety Company f/la ri P.O. BOX 1135 P. O. Box 1635 Thts document has Important legal Meridian ID 83680 Milwaukee WI s3zo,-,sas consequences. Consultation with Mailing Address for Notices an attorney Is encouraged wiih respect to its completion or modification. OWNER: Any singular reference to tvmne, legal s(nhrs and address) Contractor, Surety, Owner or City of Meridian other party shall be considered plural where applicable. 33 East Broadway Avenue Meridian ID 83642 CONSTRUCTION CONTRACT Date: August 23, 2013 Amnunt: ~ 51,830.00 Fifty One Thousand Eight Hundred Thirty Dollars and 00/100 Description: (,Vaxre and location) Elm Street Sewer Main -Construction Project # 10234C BOND Datc: August 23, 2013 (No( earlier (hnrr Cnnsnxre(ion Carb~aG Dale) Amount: 551,830.00 Fifty One Thousand Eight Hundred Thirty Dollars and 00/100 Modifications to tins Bond: X~ None ~ Scc Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Cascade Pipelir>~-pol~tipn and'1'itle: L3F5.~„~.4 i SURETY Company: (Capornte Seal) Old Republic Surety Company I Signature: Eli e Schneider Name Att y-in-Fact and Title: (Any additional signanaes nppear on the tors( page of this Performance Bond) (FOR LVFORLG1T70N ONL F -Nanre, address and [elephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Architect, Engineer or other party:) 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 5-1852/AS 8110 § 1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Otmer for the performance of the Construction Contract, which is incotpomted herein by reference. § 2If the Contmctor performs the Constmclion Contract, the Surely and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3If there is no Owner Defauttunder the Constmclion Contract, the Surety's obligation under this Bond shall arise after .1 the Otmer first provides notice to the Contractor and the Surety that the Otmer is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Otwtey Contractor and Surety to discuss the Contractor's pcrfomaancc. If the Otmcr dots not request a conference, the Surety may, within five (5) business days after receipt of the Otmer's notice, request such a conference. If the Surety timely requests a conference, the Otmer shall attend. Unless the Otmcr agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (]0) business days of the Surety's receipt of the Owners notice. If the Otmer, the Contractor and the Surety agree, the Contmctor shall be allowed a reasonable time to perform the Constmclion Contract, but such an agreement shall not waive the Otmer's right, if any, subsequently to declare a Contractor Default; .2 the Otmcr declares a Contractor Dcfaulf, terminates the Construction Contract and notifies the Surety; and .3 the Otmer has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Otmer to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Otmer has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Otmer, to perform and complete the Constmclion Conlmet; § 5.2 Umdertake to perform and complete the Constmclion Contract itself, through ifs agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Otmer for a contact for performance and completion of the Constmclion Contract, arrange for a contract to be prepared for execution by Ute Otmer and a contractor selected with the Otmer's concurence, to be secured with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the ConsWCtion Contract, and pay to the Owmer the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurced by the Otmer as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, an-ange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After invcstigalioq determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is detemtined, make payment to the Otmer; or .2 Deny liability in whole or in part and notify the Otmer, citing the reasons for denial. § 6 If the Surely does not proceed as provided in Section 5 with reasonable promptness, the Surety shalt be deemed to be in default on this Bond seven days alter receipt ofan additional tvritlen notice from the Otmer to the Surety demanding that the Surety perform its obligations under this Aond, and the Ownershatl be cntidcd to enforce any remedy available to the Otmer. If the Surety proceeds as provided in Section 5,4, and the Otmer refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Otmer shall be entitled to enforce any remedy available to the Owner. 5-1852/AS 8/10 § 7 Tf the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Omer shall not be greater than those of the Contractor under the Constmction Contract, and the responsibilities of the Omer to the Surety shall not be greater than those of Otc Owmcr under the Construction Contract. Subject to the commitment by the Ormer to pay the Balanee of the Contmet Price, the Surety is obligated, widtout duplication, for .1 the responsibilities ofthe Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Detuult, and resulting from the actions or failure to act of dte Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified ur the Construction Contmet, actual damages caused by delayed performance ornon-performance of the Contractor. § S If the Surety elects to act under Section 5.1, 5.3 or 5.4, tite Surety's liability is limited to the amount of This Dond. § 9 The Surety shalt not be liable to the Owner or others for obligations of the Contractor that arc umclatcd fo the Constmction Contract, and the balance ofthe Contract Price shall not be reduced orset off on account of any such umctatcd obligations. No right of action shall accrue on this Aond to nny person or entity other Than the Ovmer or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby imives notice of any change, including changes of time, to the Constmction Contractor to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjudsdiction in the location in which the work or part of the work is located and shall be instimted withim hvo years after a declaration of Contractor llefault or within two years after the Contractor ceased working or within hvo years after the Surety refuses or fails to perform its obligations under this Dond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by taw, the minimum period of IimiWtion available to sureties as a defense in thejurisdiction of the suit shall be applicable. § 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to rite address shorm on the page on which their signature appears. § 13 When dris Bond has been famished to comply with n statutory or other legal requirement in (he 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 Icgal requirement shall be deemed incorporatett herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as n common lurv bond. § 14 Definitions § 14.1 Balance of the Contract Prlce. The total amount payable by tfte Owner to the Coatractor under the Construction Contract after all proper adjttstmcnts have been made, including allowance to the Contractor of any amounts received or to be received by the Ormer in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalFof the Contractor under rho Constmction Contract. § 14.2 Construction Contract. l'he agreement behveen the Omer and Contractor identified nn the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Defatrlf. Failure of the Contractor, which has not been remedied or waived, to perform or othcnvisc to comply with a material fern of the ConsUUCtion Contract. § 14.4 Owner Default, Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contractor to pcrfomt and complete or comply with the other material terms of the Constmction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement behveen the Ovmer and Contractor. § 16 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Conuactor in this Bond shall be deemed to be Subconlmctor and the tern Omer shall be deemed to be Contractor. 5.1852/AS 8/10 § 76 Modifications to this bond are as follows: (Space rs provtded below jm• addidonalsrgnatnres ojadded parvies, other thmt Jhose appearing w( (he cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea!) Company: Signamre: Name and Address (Co~pora(e Seal) Signature: Name and Title: Address 5-1852JAS 8/10 Bond No. 2129963 Payment Bond CONTRACTOR: (vanre, legal s!alrrs and oddness) Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Cascade Pipeline Corporation P.O. Box 1135 Meridian ID OWNER: (,Vane, legal sta(ns and address) City of Meridian 33 East Broadway Avenue Meridian ID CONSTRUCTION CONTRACT Date: August 23, 2013 Amount: $ 51, 830.00 This document has important legal consequences. Consultation wllh an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where appllcabte. Fifty One Thousand Eight Hundred Thirty Dollars and 00/100 Description: (Name and location) Elm Street Sewer Main -Construction Project # 10234C BOND Date: August 23, 2013 (Arot enrlier thmr Construction Contract Dnte) Amount: $51,830.00 Fifty One Thousand Eight Hundred Thirty Dollars and 00/100 Modifications to this Aond: Q None ~ See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corpornte Sen!) Cascade Pipeli or do Signature• - ~~ Namc ~ and Title: ~-->h,ysr„i~~t SURETY Company: (Corpamte Senl) Old Republic Surety Company Signature: Eliza~tl~ Schneider "'- Name Atto ey-in-Fact and Title: (Any additional signatreres appem• on the lasf page oJlhis Paymen! Bond) (FOR INFORLLiTIONONLY -Name, address and telephone) AGENT or BROKER: Moreton & Company 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 5-2149/AS 8/10 SURETY: (Name, legal staters and principnl place oJbnsinessJ Old Republic Surety Company P. O. Box 1635 Milwaukee WI sszor-tsar 83680 Mailing Address for Notices 83642 OWNER'S REPRESENTATIVE: (Architect, Engineer or otlrer party.) § 1 1'he Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfunnance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 if the Contracturpromptlymokes payment of xll sums due to Claimants, and defends, indemnifies and holds harmless the Owner Gom claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Conslmction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Ovmer has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Ovmer's property by any person or entity seeking payment for labor, materials or equipment famished for use in the perfonnance of the Conslmction Contract and tendered defense of such claims, demands, lieos or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surely shall promptly and nt the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have famished a written notice ofnon-payment to the Contractor, smting with substantial accuracy the amount claimed and the name oCthe parry to whom the materials were, or equipment was, famished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last famished materials or equipment included in Ute Claim; and .2 have scot a Claim to the Sttrcty (at the address described in Section 13). § 5.2 Claimants, who arc employed by or have a direct contrmct with the Contractoy have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice ofnon-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is suCficienl to satisfy a Claimant's obligation to furnish a written notice ofnon-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surely shall promptly and ut the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, staling the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or strange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. if, havever, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shalt indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8. The Surety's total obligation shall not exceed the amount of this Rond, plus the amount of reasonable uttomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Conslmction Contract shall be used for the performance of the Conslmction Contract and to satisfy claims, if any, under any constmetion performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the perforrnance of the constmetion Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. , S-2149/AS 8110 § 10 The Surety shall not be liable to the Omer, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Osmer 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 odrerwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Consmction Contractor to related subcontracts, purchase orders and other obligafions. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the state in which the project that is the subject of the Constmction Contracf is located or after the expiration of one year from the date (1) 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 furnished by anyone under the Constmction Contract, whichever of (l) or (2) first occurs. If the provisions of this Paragraph arc void or prohibited by law, the ntiuimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Ormer or the Contractor shall be mailed or delivered to the address shovm on thepage on which their signature appears. Actual receipt ofnotice or Claims, however accomplished, shall be suf&ciemt compliance as of the date received. § 14 When this Bond has been firmished to comply with a statutory or other legal requirement in the location where the cons Wction was to be performed, any provision in this Bond conGlcting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such stamtory or other legal requvement 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 band. § 15 Upon request by any person or entity appearing to be a potential beneficiary of.this Hond, the Contractor and Ormer shall promptly furnish a copy of this Dond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant includiug at a minimum: .1 the name of the Claimant; .2 the nome of the person for whom the labor was donq ormaterials or equipment furnished; .3 a copy of the agmement orpurchase order pursuant'to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment famished; ,6 the dale on which the Claimant last performed labor or last famished materials or equipment foruse in the performance of the Constmction Contract; .6 the total amount camcd by the Claimant for labor, materials or equipment famished as of the date of the Claim; .7 the total amount of previous payments received by the Claimanh, and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Clalmant. 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 Consnuction Contracf. The Icrm Claimant also includes any individual or entity that has rightfully asserted a claim under nn applicable mechanic's Gen or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that pan of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required forperformance of the work of the Contractor and the Contmctot's subcontractors, and all other items for which a mechanic's lien may be asserted in thcjurisdiclion where the labor, materials or equipment were famished, § 16.3 Construction Contract. The agreement between the Otmer and Conhactor idenGGed on the cover page, including all Contract Documents and all changes rnade to the agreement and the Contract Documents. S•2149lAS 8l10 § 16.4 Owner De/ault. Failure of the Omer, which has not been remedied or waived, to pay the Contractor as rcqu¢cd under the Construction Contract or to perforat and complete or comply with the other material teens of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor acrd subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Osmer shall be deemed to be Contractor. § 18 Modifications to this bond areas follows: (Space is provided below for additional signnhn•es oJndded parties, oNrer then (hose appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Capornte Seal) ComP~Y~ (Corporate Seal) Signature: Signamre: Name and Title: Name and Title: Address Address 5.2149/AS 8110 .*''r x* (~T, y~ ~j ~ T T r T/^t ylt L/L~ FtE~ V ~.L111~. SURETY COMPANY ~*'!k ~* POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint KIM H. WARD, PHIL S WALTER, ELIZABETH SCHNEIDER, OE BOfSE, ID its true and lawful Attomey(s}-in Fact, with ful I ppwer and authority, not exceeding $20,000,000, for and on behalf of [he company as surety, [o execute and deliver and atFue the seal of Oreppmpany [here[o.(if a seat is required), bands, undertakings, recognizances or other written obligations in the nature thereof, (other than bail hoods, bank depository bonds, mortgage deficiency bands, mortgage guarantybonds, guarzntecs of ins[alhnent paper and note guaranty bonds, self-insurance workers compensation bonds guaran[eeitig payment of benefits, asbestos abatement contract tionds, waste management bonds, hazardous waste remedia[ion bonds or black lung bonds), as follows: _ - ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF SIX MILLION DOLLARS($6,000,000)-------------------------- FOR ANY SINGLFi OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTSTSSUED FOR THE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-m-Fact, pursuant to these presents, are ratified and confirmed. This document is no[ valid unles9 pr intcdon colored background and is multi colored. This appointment is made under and by au[hbri[yy of the board of directors at a special meeting held on Febmary I8, 1982. This Power of Attomey is signed grid sealed by facsimile under and by the authority ot~the following resolutions adopted by the board pf directors ofthe OLD REPUBLIC SURETY COMPANY on Febmary 18; 1982. RESOLVED drat, the president, any vice-president, or assistant vice president, m conjua4tion with [he secretary or any assistant secretary; mayappoint attorneys-in-fact or agents with authority as defined or limited in [he instrument evidencing the appointment in each case,for and on behalf of the company to exedute and deliver and affix the seal of the company to bonds, undertakings, recognizances; and suretyship obligations of all kinds; and said officers may remove any such Attomey-in-fact or agent and revoke any Power of Attomey previously granted to such person. RESOLVED FURTHER, that any bond, undertaking; recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by Ore president, any vice president or assistant vice president, and attested and sealed (if a seal be regrired) by any secretary or assistant secretary; or (ii) when signed by [he president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized Attomey-in-fact pr agent; or (iii) when duly executed and sealed (if a'seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attomey issued by the company to such person or persons. RESOLV ED FURTHER, that the signature of any authorized officer and the seal pf the company may be atfixed by Facsimile [o any Power of Attomey or certification thereof au[horizmg the execution and delivery of any bond, undertaking, recognizance,br other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed [his 26TH day of JULY, 2013. OLD REPUBLIC SURETY COMPANY ,, ,..'JG i4b~l. , /~ ~ C n C~S~ N~ 4~- . a SEAL ,: r £ STATE OF WISCONSIN; COUNTY OF WAUKESHA-SS - ° ',~~~ - President On this 26TH day of JULY. 2013 ,personally came hefdre me, Alan Pavlic .and Phyllis M. Johnson , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instmment, and they each acknowledged the execution of [he same, and being by me duly sworn, did severally depose and say; that they are the saidofficers of the corporation aforesaid, and [ha[ the seal affixed to the above instmmen[ is the seal of the corporation, and that said corporate seal and [heif signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the beard of directors of said corporation. iM1'i R sP' T~ a?~P~ R}~9r ,4, v:~,i0um~+~,+'1 Notary Public . •... ~.,.. ~ My commission expires: ' 9/28/2014 CERTIFICATE I, the undersigned, assistant secretary of [he OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation; CERTIFY that the foregoing and attached Power of Attomey remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attomey, are now in force, 43-5014 "qyp x Si ned and seated at the Ci of Brookfield, WI this ,,. , <,; . g tr ~.~ nay pf , ~p'3 . 2 ; ___ .- SEAL ~- r~ F f` 1 ~ ' S .1~~ I :i( (P ~~ fI t./ 1