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HomeMy WebLinkAboutIndependent Contractor Agreement with Contractors Northwest for Ground Water Reservoir 2 and Booster Pump Station• To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: 9/13/13 Re: September 24 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the September 24 City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Contractors Northwest Inc. for the "Ground Water Reservoir #2 and Booster Station -Construction " project for aNot- To-Exceed amount of $3,991,066.00. This award is the result of Formal IFB #PW- 13-10010. Five Bids were received. Recommended Council Action: Approval of Bid Award and Contract to Contractors Northwest, Inc. for the Not-To-Exceed amount of $3,991,066.00. Thank you for your consideration. • Page 1 Mayor Tammy de Weerd Lily toundl Memberfr Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Keith Watts FROM: Clint Worthington DATE: September 11, 2013 SUBJECT: PROJECT INFORMATION: GROUND RESERVOIR #2 AND BOOSTER PUMP STATION CONSTRUCTION I. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer II Kyle Radek, Assist City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 11. DESCRIPTION A. Back re ound 489-0349 489-0343 489-0350 489-0372 The Meridian water system cw-rently has 2.5 million gallons of available storage that is provided by a 0.5 million gallon elevated tank and a 2 million gallon ground-level tank with booster pumps. The City's Water Master Plan recommended beginning the design and construction of a 2 million gallon storage facility in 2010. When combined with the City's existing 2.5 million gallon storage capacity the proposed 2 million gallon storage facility, along with additional planned supply wells, will provide enough system-wide storage capacity to satisfy the anticipated peaking and firefighting requirements for pressure zone 4 through 2025. B. Proposed Project This Contract will provide the City of Meridian with the construction of a 2 million gallon storage reservoir and booster pumps building. The reservoir and boosters will be located on the recently purchased property near the intersection of Locust Grove and Victory along Ten Mile Creek. Page I of 2 III. IMPACT A. Strategic Impact: Construction of the reservoir and booster pumps will ensure the City meets the strategic objective to develop infi•astructur•e and programs to effectively provide uninterrupted water supply and fire suppression. B. Service/Delivery Impact: The reservoir will provide water storage that will increase the redundancy and robustness of the City's water system and decrease our dependence on wells for instantaneous pumping capacity. The reservoir will provide flows at peak and emergency periods. It will provide the instantaneous pumping capacity equivalent to several wells. C. Fiscallmpact: FY 14 Project Costs Ground Reservoir #2 & Booster Pump Station Construction $3,991,066 FY 13 & 14 Project Funding Ground Reservoir #2 & Booster Pump Station Construction $4,200,000 IV. TIMF, CONSTRAINTS Council's approval of this contract allows the construction to begin in FY 2013 and be substantially complete in FY 2014. The above schedule Keeps the budget and project completion rate on track with the Capital Improvements Plan. Approved for Council Agenda: +~~ r~ Date Page 2 of 2 J W ~~ ~~ C7 Q ui g H ot{ W I- Q p Q Z 0 C a r c~ i a W m Z ~- p O m z wW >~ F- Z ~ ~ p W Q J Q f- a O Q on sqn # o!"f puo8 P!8 E wnpuaPP Z wnpuapp ~ wnpuapp pau6! O O Z w ~ ~ ~ ~ O n p ~ .o b h ~''~ .c, 0 ~ 1, ~f1 o N o N o o N J ~ b ~ ~° ~ N ~9 ~ ~ ~ ` J ~ ~ J J ~ ~ ~ , , , ~ ~ N Z -~. Z ~ V q K ~ ~~ ~ U z ~ ti w Y ~ ~ ~ '~ ~ \v` C N o a 1ll5US Viewing Business Entity Page 1 of 2 *~-, ; G u.' r. . .~~\,w. ~~ ~- rF , a ~. -, 7 s~~r~ ~~~~ Ben Ysursa, Secretary of State [ New Search ] [Back to Summary ] [ Get a certificate of existence for CONTRACTORS NORTHWEST INC. ] ~~~~~~~~~~ ~~~~ ~ ~~~~~ ~~~o BOX 6300 COEUR D'ALENE, ID 83816 1938 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 07 Jan 2013 State of Origin: WASHINGTON Date of 19 Mar 1976 Origination/Authorization: Current Registered Agent: D DEAN HAAGENSON N 3731 RAMSEY RD COEUR D'ALENE, ID 83815 Organizational ID /Filing G53098 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 29 Jan 2013 ~rfi~ao=u~9 I~u~Ae~c~o [ Help Me Print/View TIFF ] Filed 19 Mar 1976 CERTIFICATE OF AUTHORITY ~B`~~ri~~~d~'~So [ Help Me Print/View TIFF ] Amendment Filed 19 Mar 1976 OTHER - APPT OF DA -WILLIAM W. NIXON, COEUR D`ALENE Amendment Filed 16 Oct 1980 OTHER - CHG OF RA TO D. DEAN HAAGENSON ~~rr~au~9 ~~~0~~~.5: Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT 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 [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View ImacLe (PDF format) View Image (TIFF format) http://www.accessidaho.orglpublic/sos/corp/C53098.htm1 9/13/2013 untit~ea page Page 1 of 2 ~~~~s~~„ of ~~~ jc~it~ ~~~~~' c" ~ _ Login Public Public Works Search ~ Search Again Download Resul~ Contractor Company Name License Number Work Category(s) Contractors Northwest, Inc. PWC-C-10327 00001, 00003 Search PERMITS Page: 1 Of 1 LICENSE PUBLIC WORKS Details -License Number: PWC-C-10327 VIOLATIONS ELEVATORS ( - '! i Lic Info ~! Bus Lic ij Fees $2,750.00 ' ' - - Registration#: PWC-C-10327 Issue: 2/22/2013 Expire: 2/28/2014 Type: PUBLIC WORKS Sub-Type: UNLIMITED Status: ACTIVE Comp/Name: Contractors Northwest, Inc. ~ Address1: PO Box 6300 City, State, Zip: COEUR D ALENE, ID 83816 Phone: (208} 667-2456 Cell: Pager: Fax: (208) 667-6388 Owner Name: https://data.dbs.idaho.gov/etralcit2/Idaho_PublicWorlcsSearchRslts.aspx 9/13/2013 Lihc><,tj~ 1'~'~ttttXcll Payment Bond CONTRACTOR: (Name, legal status arrd address) Bond No. 23024803 Document A312TM - 2010 Conforms with The American institute of Architects AlA Document 3'12 Contractors Northwest, Inc. P. O. Box 6300 Coeur d'Alene, ID 83816-1938 OWNER: (Name, legal status arrd address) City of Meridian 33 E. Broadway Avenue, Sutie 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: September 17, 2013 Amount:~ 3,991,066.00 SURETY: (Name, legal status arrd principal place of business) Liberty Mutual Insurance Company 24001 E. Mission Ave, Suite 100 Liberty Lake, WA 99019 Mailing Address for Notices Liberty Mutual Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 This document has important legal wnsequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, Three Million Nine Hundred Ninety One Thousand Sixty Six Dollars and 001100 Description: (Name and location) Ground Water Reservoir #2 and Booster Pump Station -Construction BOND Se tember 18, 2013 Date; p (Not earlier than Construction Contract Date) Amount: ~ 3,991,066.00 Three Million Nine Hundred Ninety One Thousand Sixty Six Dollars and 00/100 Modifications to this Bond: ®None ~ See Section l8 CONTRACTOR A5 PRINCIPAL SURETY Company: (Corporate Seal) Company: Contractors Northwest, Inc. l Liberty Mutual~l Signature: Name D and Title: CEO Name ` and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Nanre, address arrd telephone) (CaporateSeal) h`tNSURq Company Jti~~~o~orrl'~~~ ~ ~~ ~ r 1912 ~ y ~ ~ ~v AGENT or BROKER: OWNER'S REPRESENTATIVE: Wells Fargo Insurance Services USA, InC. (Architect, Engineer or•otherparty:) 601 W. Main, Suite 1400 Spokane, WA 99201 509-358-3800 5-2149/AS 8110 A § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materiels and equipment fitmished for use in the performance of the Constmction Contmct, which is incorporated herein by reference subject to the following terms. § 2Ifthe Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from 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 ConsWCtion Contract, then the Surety and the Contrector shall have no obligation under this Bond. § 3lfthere is no Owner Default under the Constmction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section l3) ofclaims, demands, liens of suits against the Owner oe the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contmct and tendered defense of such claims, demands, liens or suits to the Contmetor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duty tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contmetor, .1 have famished a written notice ofnon-payment to the Contmetor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, famished or supplied or for whom the labor was done or perforated, within nicety (90) days alter having last performed labor or last famished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section l3). § 6 If anotice ofnon-payment required by Section S.l.l is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to famish 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 Surety shall promptly and at 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, stating the amounts that are undisputed and the basis for challenging any amounts that aze disputed; and § 7.2 Pay or strange for payment ofany undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.l or Section 7.2 shalt not be deemed to constitute a waiver of defenses the Surety or Contmetor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety end Claimant have reached agreement if, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall 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. § 6 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in goad faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Constmction Contmct shall be used for the performance of the Constmction Contmct and to satisfy claims, if any, under any Constmction performance bond. By the Conhactot famishing and the Owner accepting this Bond, they agree that all funds earned by the Contmetor in the performance of the Constmction Contmct are dedicated to satisfy obligations ofthe Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 5.2149/AS 8/10 § 10 The Surety shalt not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction 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 Conswction Conuact or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall 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 Constmetion Contract is located or after the expiation of one year from the date (t) on which the Claimant sent a Claim to the Surety pursuant to Section S.t.2 or 5.2, or (2) on which the Last labor or service was perforrrted by anyone or the last materials or equipment were famished by anyone under the Constmetion Contact, whichever of (I) or (2) first occurs. If the provisions of this Paagraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. § 13 Notice end 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 ofnotice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been famished to comply with a stamtory or other legal requirement in the location where the conswetion was to be performed, any provision in this Bond conflicting with said statutory or legal rcquircment shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorpoated herein. When so famished, the intent is that this Bond shall be constmed as a stamtory bond end not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contactor and Owner shall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the 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 Constmetion Contmct; .4 a brief description of the labor, materials or equipment famished; .5 [he date on which the Claimant last performed labor or last famished matedals or equipment for use in the performance of the Conswction Contmct; .6 the total amount earned 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 Claimant; end .8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontactor of the Contractor to famish labor, materials or equipment for use in the performance of the Conswction 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 be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, tight, heat, oil, gasoline, telephone service or rental equipment used in the Conswction Contract, architecmal and engineering services required for performance of the work of the Convector and the Contactor's subconwctors, and all other items for which a mechanic's lien may be asserted in thejurisdiction where the labor, materials or equipment were famished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including ell Contact Documents and all changes made to the agreement and the Contact Documents. S-2149/AS 8/10 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contmctor as required under the Construction Contract or to perform and complete or comply with the other material terms 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 bebveen a Contmctor and subcontractor, the term Contractor in this Bond shalt be deemed to be Subcontractor and the tern Otmer shall be deemed to be Contractor. § 18 Modifications to this bond areas follows: (Space is provided below for additiwral sigiratures ojadded parties, other tlran those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corpa~ate Seal) Company: (Corporate Sea!) Signature: Signature: Neme and Title: Name and Title: Address Address 5.21497AS B/10 This Power of Atlomey limits the acts of those named herein, and Ihey have no aulhodty la bind ilia Company except in tie mannerand to the extent herein stated. Not valid for modgage, note, loan, letter of credit, bank deposit, eumenry rate, Interest rate or residual value guarantees. To confirm the validity of this Power of Attomey tail 616.832•e246 between 9;60 am and 4:36 pm EST an any business day. Amedran Fireand Casualty Company Liberty Mutual Insumnce Company The Ohfo Casually Insurance Company West American Insuance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThalAmedpn Fire&Casualty Companyand The Ohb Casually Insumnp Companyare cerporalbns duly organked underlha laws of me Slate or New Hampshire, That ~bedy Mutual Insurence Company ta a cemomlbn dory organked under the laws of the State of Massachusetts, and West Amedpn Insurance Company Is a ceryomtion duty organked under the Imvs of Ule Slate of Indiana (herein plkctively plied Ihe'Compank:s~, pursuant to and by auUrodty herein set forth, does hereby Principal Name: Contractors Northwest, Inc. Obligee Name: City of Meridian Surety Bond Number. 23024803 Bontl Amount: See BOnd Farm IN WITNESS WHEREOF, This Power of Atlomey has been subsaibed by an aulhadzed officeror official of the Companies end the capomie seals of the Companies have been affaed iherelo Nls,t~! day o(December.2012, pND CASV 1,1NSUq ~SY tNSV NINSUgA Amedcan Flre and Casualty Company 4 ~`'~o~oAr'o9~~a ~~~~~oanogr~rm Sy~~ooePOgs ~9r~ ~Q.~ooenoq,AA'rF The Ohio Casually Insurance Company _ ~ ~ o „ ~ S Liberty Mutual Insumnce Company ~~1906 o r 1g1z~c.N ~ x 1919 ~°. ,. 1991 a Wes edcanlnsuranceCompany ~yy NAMPS~'p@aD m)y~sSAON`'" F`~ ~'S~'~'NAMP`+~`QT~ ~s ~A'DIAHp t B ~.}J~, ' c~~,!^ * ~ * * Y Gregory W. Davenpod, Asslstanl Secretary STATE OF WASHINGTON ss COUNTY OF KING On this is day of December 202 72 before me personally appeared Gregory W. Davenpod, who acknowledged hlmselrlo tie the Assisant Secretary of Amedpn Flre and Casualty Company, Lbedy Mutual Insurance Company, The Ohb Casuagy Comparry, and Wesl Amedcan Insurance Company, and That he, as such, being aulhodzed so ta do, execute the foregokg InsWmenl for Ilia purposes Ihereln pntained by signing on behalf orihe pryomtions by himself as aduly authorized olt~cer. IN WITNESS WHEREOF, I have hereunto subspbed my name and adixed my notarial seal at SeaUle, Washington, on the dayand yearfirslabwe wdden. „w.w,,, ~,v wt:' 'k NOTA0.Y ~ ; Byt MJf/r. PVOLICMy KD Rife 1°~•,eM1oo^ ydv~.oi y, olary Public, Notary Public ~° ~wamx',~~' This Power orAdomey ta made and ezepied pursuant to and by authority of the fogovring Bylaws and Aulhodzalrons of Amedpn Fua and Casualty Company, The Ohb Casualty Insurance Company, Libedy MuWal Insumnp Company, and WestAmedpn Insurenp Company which resaluUons are now in full fore and egectreading as lolbws: ARTICLE N-OFFICERS -Section 72. Parer of AUomey. Any officer or oUrer oRcial or the Corportion authorized for that purpose in wdGng by the Chairman or Ne Presiden4 and subJect to such Gmitafan as the Chalmmnorihe Presdent may prescribe, shag appolntsuch attomeys4ndaU, as may be necessary ta act in behalf of the Corporation b make, exeple, seal, acknowledge and defrver as surety any and all undedaNngs, bonds, recognizances and othersurety obfgalbns. Such allomeys•In•fact, subjeU to the funitations sal fodh ta Ihelr respective powem of egomey, shah have full power ta bled the Corporation by Ureir signaNre and exec Won of any such instruments and to agach thereto the spl of the Corporation. When so executed, such InsWmenta shag be as bindhg as if signed by the Presilent end attested to by the Secretary. My power oraulhodty granted to any representative or attamey io-ract under gte provisions of this article may be revoked atanygma by We Boab, the Chairman, the Presidenlor by the olficerorogicers granting such powerorauihodty. ARTICLE XIII -Execution of Contracts -SECTION 5. Surely Bonds and UMedakings. Any officer of the Company authorized for that purpose In wdfing by Ilia chakman or Ua presiden4 end subJect to such limitations as the chalmwn or the presWenl may prescribe, shall appoint such allomeys4n•tad, es may be nepssary ta act In hehalf or the Company to make, execute, seal, edmoxtedgeand delNeras surely anyand all undedakings,bonds, repgnizances and other surety obfgations. Such atlomeys4ndaclsubjeU to the fmitatlons sal forth kr Iheir respective powers of altomey, shat have full power to bled the Company by Nelr signaWre and exeption or any such InsWmenLc and to attach Ulerelo Ule seal of the Company. When so executed such lnsWmenls shagbeas binding asirsigned by the pmsWentandallesled by the seaetary. Certificate of Destgnegon -The President of Ilia Company, wing pursuant ta Ne Bylaws or the Company, auUodzes Gregory W. Davenpod, Assistant Secretary to appoint such anomeys•imfact as may be necessary to aeton behalf of the Company la make, execute, seal, acknowledge and deliver es surety any all ell undedak'ugs, bonds, repgn'¢ances and olhersuretyobfgaUons. Authorlulion - By unanimous consent of the Campany+s BoaN of DlreUam, the Company consents that faaimge or mechanlp0y reproduced slgnaNre of any asslslaniseaetary of Ute Company, whereverappearing upon a cerlifed cepyof any powarof altomey Issued by Ne Company In cennection IviN surety bonds, shag be val'rJ and billing upon the Company >hlh the same force and egeclas Ilwugh manualry affixed. I, David M. Camy, the undersigned, Asslstanl Secretary, of American Fire and Casualty Company, The Ohb Casualty Insumnp Company, liberty Muluai Insumnp Company, and Wes! Amedpn Insumnp Company do hereby certify That the original pmverof agomey of which Ne foregoing Is a full, We and ceneU ppyot the Pourer of Atlomey exepled by said Companies, ta in full fore and egectand has rwt been revoked. INTESTIfdONYWHEREOF,Ihave hereunto set my hand and af(aed the seals of said Companies this 18th dayat September 2013 pND CASV ~INSUq p~tY INSU INSUgy ~~~ =a`~~eosvogUOgi< ~J~lJ~orwoArt'pj+^ y~~eoaroiyr~2rr ~Q~~~naogr ~ro B ~ tJ o ~b r ~ 1906 ~ a° ~ 1912 e o 1919 W e W 1991 ~ y 6 ~~y~HAMP+~pa'AD m)3~J}•A~k` F2 W'f,~~NAMY`"~ F~ ~ ~kDIANp Y * ~ • .~ Bond No. 23024803 • Lihci-iy Muh~al Document A312T"' - 2010 Conforms with The American ]nstitute of Architects AlA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Contractors Northwest, Inc. P. O. Box 6300 Coeur d'Alene, ID 83816-1938 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Avenue, Sutie 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: September 17, 2013 Amount; $ 3, 991,066.00 SURETY: (Nacre, legal status and principal place of business) Liberty Mutual Insurance Company 24001 E. Mission Ave, Suite 100 Liberty Lake, WA 99019 Mailing Address for Notices Liberty Mutual Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other part}r shall 6e considered plural where applicable. Three Million Nine Hundred Ninety One Thousand Sixty Six Dollars and 00/100 Description: (Name and focatlorr) Ground Water Reservoir #2 and Booster Pump Station -Construction BONd Date; September 18, 2013 (Nat earlier than Cousn7rctiorr CantractDate) Amount: $ $3,991,066.00 Three Million Nine Hundred Ninety One Thousand Sixty Six Dollars and 001100 Modipications to this Bond: ®None ~ See Section lb CONTRACTOR AS PRINCIPAL Company: (Corporate Sea!) Contractors Noorthwest, Inc. ; Signature: / f -' " Name D . DE IV HAA and Title: CEO SURETY Company: Liberty M Name ~ircalny~urley ~ and Title: Attorney-in-Fact (Arty addttloua! signatures appear on the last page of this Per fanrrarrce Boud,) (FOR INFORMATION ONLY -Name, address and telephone) (Corporate Seal} P~,1NStrgq Company ~J~~o~oa-,~~~ ~ 1912 3 W 4~ A AGENT or BROKER: OWNER'S REPRESENTATIVE: Wells Fargo Insurance Services USA, Inc. (Arclrlrecr, Errglneerorotherpar-ty:) 601 W. Main, Suite 1400 Spokane, WA 99201 509-358-3800 S-1fl52/AS 8110 § 1 The Contractor end Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Constmction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contmctor and the Surety that the Owner is considering declaring a Contmctor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contmctor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (IO) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contmctor shall be allowed a reasonable time to perform the Constmction Conhact, but such en agreement shall not waive the Owner's right, if any, subsequently [o declare a Contractor Default; .2 the Owner declares a Contmctor Default, terminates the Constmction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Constmction Contract to the Surety or to a contrnctor selected to perform the Constmction Conhact. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.t 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 W hen the Owner has satisfied the conditions of Section 3, the Surety shall promptly and et the Surety's expense take one of the following actions: § 5.1 Arrange for the Conhactor, with the consent of the Owner, to perform and complete the Conshuction Contmct; § 5.2 Undertake to perform and complete dre Constmction Conract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract forperformance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a Conhactor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Constmction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contmct Price incurred by the Owner as a result of the Conhactor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or ,2 Deny liability in whole or in part end notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Dond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shalt be entitled to enforce any remedy available to the Owner. S•1852/AS 8110 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall not be greater than those of the Contmctor under the Constmction Contract, and the responsibilities ofthe Owner to the Surety shall not be greater than those of the Owner under the Constmction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of We Contrector for corzection of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Constmction Contract, actual damages caused by delayed performance ornon-performance of the Contmctor. § 8If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the COnstmcoon Conuact, end the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right ofaction shall accme 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 Constmction Contmctor to related subcontracts, purchase orders and otherobligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any coon of competent jurisdiction in the location in which the work or pan of the work is located and shall be instituted within nvo years after a declaration of ContractorDefault orwithintwo years after the Contmctor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contmctor 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 constmetion 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 fvmished, the intent is that this Bond shall be consWed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Constmction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Constmction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to complywith a material term of the Constmction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contmctor as required under the Constmction Contract or to perform and complete or comply with the other material terms of the Constmction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between Ore Owner and Contmctor. § 15 If this Hond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 5-1852/AS 8/t0 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures ojadded parties, otter (Gan those appearing w+ the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea1J Signature: Signature: Name and Title: Name and Title: Address Address S-1852/AS 8110 190yW A~ ° CERTIFICATE OF LIABILITY INSURANCE °A ' Y" g ;g~ 13 THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT 8E-TWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: H the certlflcate holder Is an ADDITIONAL INSURED, the poliry(les) must be endorsed. H SUBROGATION IS WANED, sub)ect to the terms and condigons of the polity, certain pollclas may require an endorsement. A statement on this certificate does not confer fights to the certHicate holder In Ileu of such endoraemerd(s). PRODUCER KRISTY BREMER Commerdal Lines-(509)35&3600 ~o E 50958-3983 F'ix 1 666 510 9 - - - 568 fac. Nm: ~~" Wells Fargo Insurance Services USA, Inc. -CA Lidk. OD08408 , wuTB. DRESS; kdsty.bremer~wellsfargo.mm ~ 601 West Main Street, Suife 1400 INSURE S AFFOR001GCOVEM6E NAICA Spokane, WA 99201-0635 INSURER A: Contlnental Western Insurance Company 10604 INSURED mSURErt B Contractors Northwest Inc. - elsuluule: P.O. Box 6300 rNauRER O: INSURER E: Coeur d'Alene Idaho 83816 INSURER F: COVERAGES CERTIFICATE NUMBER: 6561454 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTF~ BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LOTR TYPE OFIxSURANCE A~ ~ pODCV NUMBER M DCY EFF PODCY~ DMRS A cEHERAL LIABILm X X CWP2936230 O6lO1I2013 06/01/2014 EACH OCCURRENCE $ 1,000.000 X COMMERCWL GENERAL LIABILRY PREMI S Ea ,renw S 300,000 CLAIMS~Mgr1E OOCCUR MED EXP1Any ane pvreon) j 10,000 X WA STOP GAP 51,000,000 PEriSONAL BADV INJURY $ 1 000 000 , , GENERAL AGGREGATE 000 S 2 000 , , GEN'L AGGREGATE DMRAPPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,000 POLICY X PRO- LOC j A AUT OMOSIlE LU191LIrY CWP2936230 O6lO12D13 06/O1/2D14 COMBINED SINGLE LIMB Ee a en11 1,000,000 X ANY AUTO BODILY INJURY 1Perperon) S ALL OWNED AUTOS SCHEDULED gUT03 BODILY INJURY (Per ecddenU s X HIRED AUTOS X AUi0.4 VNED PROPERT DAMAGE S S A X UNBRELULIAe X OCCUR CU2936231 06/01!2013 08/012014 EACH OCCURRENCE j s,o5o,aoD EXCESS llAB CLAIMS,tMDE AGGREGATE 000 000 S 5 , . DED RErENnaus j wo RMixs COMPENSATOx WC STAN- X OTH- A AND EMPLOYERS•WBILRY CWP2936230 06/01/2013 061012014 Y/N ~ICERIMEMBER EXACLTMI1DEDy CUiNE ^N NIA WA STOP GAP/EMPLOYERS EL EACH ACCIDENT j 1•~•~ (Mantlebryin NN) r es easairoeaMer LIABILITY ONLY EL DISFhSE-FA EMPLOY j 1~OW,000 , y DESCRIPTION OF OPERATIONS LrIOa EL DISEASE-POLICY UMR 1,000,000 s DESCRIPTION OF OPERAnON3I LOCAnOM3/VEHICLES IAtmur gCOR01p1, AtltlitlonAl FemaM StlxtlWe, Hnron apace le mquimtl) CL CG 00 13 01 12,CL CG 00 20 Ot 12,CLCG20460212 AS RESPECTS GROUND WATER RESERVOIR #2 AND BOOSTER PUMP STATION - PROJECT#10010 PRIMARYINON-CONTRIBUTORY ADDITIONAL INSURED STATUS AND WAIVER OF SUBROGATION IF REQUIRED BY WRITTEN CONTRACT TO THE CITY OF MERIDIAN ITS ELECTED OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS AS GRANTED BY THE ACTUAL POLICY FORMS ATTACHED TO THE CERTIFICATE. CITY OF MERIDIAN PURCHASING DEPT 33 EAST BROADWAY, SUITE 106 MERIDIAN ID 83642 The ACORD name and IDgo are reglalered marks SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SEFORE THE EXPIRATN)N DATE THEREOF, NOTICE N1LL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR® REE1'RESEN'rATiVE gr~/.~ CORPORATION. All AV VKU 23 (ZUIU/U6J Ax THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILIN COVERAGE PART A. MEDICAL PAYMENTS If SECTION 1- COVERAGE C MEDICAL PAYMENTS Is not otherwise excluded from this Coverage Pert: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III • LIMITS OF INSURANCE, shall be the greater oF: a. $10,000; or b. The Medical Expense Limit shown in the DeGare0ons of this Coveage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented ld you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: Exctuslons c. through n. do not apply to damage by Ore, lightning, axploslon, smoke or sprinkler leakage to premises while rented to your or temporarily occupied by you with permission of the owner. A separate Ilmit of lnsurarice applies to this coverage as descdbed in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 8. of SECTION III -LIMBS OF INSURANCE is deleted and replaced by the following: 8. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown In the Declarations; Is the moat we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paregreph 4.b.(1)(a)(II) Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (II) That Is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage Insurance for premises rented to you or tempoarily occupied by you with the permission of the owner, 4. Paragraph 9.a. of SECTION V - DEFINRIONS Is deleted and repieoed by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire, lightning, explosion, smoke or spdnkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured wntract°; C. LIMITED NON-0WNED WATERCRAFT 1. Paragraph g.(2) of SECTION I -COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that Is: a. Less then 51 feet long; and CL CG 0013 01 12 Includes copydgMed matedal of Insurance Services Page 1 of 8 Office, Inc with tts permission b. Not used to tarty persons or property far a charge. D. SUPPLEMENTARY PAYMENTS SECTION I -SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2, The limit of Insurance In paragraph 1.d. is Increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NONCONTRIBUTORY The following ie added to Paragraph 2. of SECTION II - WHO IS AN INSURED: e. Any person or orgenizatlon described below, when you are obligated by virtue of a wdtten contract or agreement that such person be added as an addltlonal Insured on your policy. When required by virtue of a wdtten contract or agreement, coverage provided to any addltlonal insured will be on a primary basis and will not seek conkibutlon from the addltlonal Insured's policy. Only the following persons or organizations are addltlonal Insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to Ilablllty arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following addltlonal exclusions: This Insurance does not apply to: (e) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or orgenizatlon from whom you lease equipment but only with respect to Ilablllty for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or In part, by your maintenance, operation or use of equipment leased to you by such person(s) or organizagon(s). However, this Insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only wkh respect to "bodily Injury" or "property damage" arising out of "your products" shown In the Schedule which ere disMbuted or sold In the regular course of the vendor's business, subject to the following addltlonal exclusons: a. The Insurance afforded the vendor does not apply to: 1. "Bodily Injury" or "property damage" for which the vendor Is obligated to pay damages by reason of the assumption of Ilablllty In a contract or agreement. Th(s exclusion does not apply to Ilablllty for damages that Ote vendor would have in the absence of the contract or agreemenh, 2. Any express warranty unauthodzed by you; 3. Any physical or chemical change In the product made Intentlonaliy by the vendor, 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container, 6. Any failure to make such Inspactlons, adjustments, tests or servicing es the vendor has agreed to make or normally undertakes to make (n the usual course of business, in connection with the dlsUibutton or sale of the products; 8. Demonstre0on, Installation, servicing or repair operetlons, except ouch operations performed at the vendor's premises In connection wkh the sale of the product; CL CG 0013 01 12 Indudea copyrighted matedal of Insurance Services Page 2 of 6 OPoce, Inc with its permisabn 7. Products which, after distributlon or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organizaton, from whom you have acquired such products, or any ingredient, part or container, entedng Into, accompanying orcontalning such products. (4) State Or Political Subdlviafon -Permits Or Authorizations Relating To Premises, Any state or political aubdivislon, subject to the following addltlonai provision: This Insurance applies only with respect to the following hazards for which the state or pollOcal aubdivislon has Issued a permit In connectlon with premises you own, rent, or control and to which this Insurance applies: (a) The existence, maintenance, repair, canstrucdon, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decoratlons and similar exposures; or (b) The consWctlon, erecton, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this Insurance Limits of Insurance for such addltlonai Insured are the limits in this coverage form or the limits you end such additional insured agreed to by virtue of a contract or agreement, whichever Is less. These limits are Inclusive of and are not In additlon to the Limits Of Insurance shown in the Declarations, When required by virtue of a wdtten contract or agreement, coverage provided to any addtional insured AUTOMATIC ADDITIONAL INSURED -SPECIFIED RELATIONSHIPS -PRIMARY NONCONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED -NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II • WHO IS AN INSURED Is deleted and replaced by the following: Any organiza5on you newly acquire or form, other than a joint venture, and over which ycu maintain ownership or majority Interest of more than 50% will be a Named Insured if there is no other similar (nsurance available to that organization. However: a. Coverage under this provision is afforded only untll Lhe 180th day after you acquire or form the organizaton or the end of the policy period, whichever Is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising Injury" adaing out of an offense committed before you ecqu(red or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III -LIMITS OF INSURANCE applies separately to each of your, 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or ranted to you.. "Location" means premises involving the same or connect(ng lots, or premises whose connectlon is Interrupted only by a street, roadway, waterway or dghtof-way of a railroad. H. KNOWLEDGE OF OCCURRENCE The following le added to paregreph 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "cccurrence", offense, claim or "suH" to: (1) You, if you are an Individual, (2) A partner, if you are a partnership, CL CG 0013 01 12 InGudes copydghled matedel of insurance Services Page 3 of 6 Office, Inc wNh Ira permfseion (3) An executlve atOrar, if you are a corpore8on, or (4} A manager, If you are a limited liability tympany; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or °sulP as soon as practicable. f. We are considered on notlce of an "occurrence", offense, claim or "suit" that Is reported to your Workers' Compensaton insurer for an event which later develops Into an "occurrence°, offense, claim or "sulf' for which there Is coverage under thle policy. However, we wllf only be considered on notice If you no0fy us as soon as you know the claim should be addressed by this policy rather then your Workers' Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph B. Repreaentatlone of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unlntentionalty fail to disclose any exposures existing at the (nceptlon date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our fight to collect addltlonai premium or exercise our right of cancellation ornon-renewal. This provision does not apply to any known injury or damage which Is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3. of SECTION V-DEFINITIONS Is deleted and replaced by the following: 3. "Bodily injury' means bodily Injury, sickness or disease sustained by a person, Including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer OP Rights Of Recovery Against Othere To Ue of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily Injury" or "property damage" arising out of your ongoing operations or "your work° done under a contract requiring such waiver with that person or organization and Included In the "products-completed operatons hazard", However, our rights may only be waived prior to the "occurrence" giving rise to the Injury or damage for which we make payment under this Coverage Part. The Insured must do nothing after a loss to Impair our fights. At our request, the Insured will bdng "suit" or transfer those rights to us and help ua enforce those fights. L. OTHER INSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or Ilmit of insurance In the policy applies to loss or damage Insured by this coverage. M. NON•EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertleing Injury" SECTION V - DEFINITION3 of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment dlscriminadon. Non-employment discdminatlon means violation of a person's civil rlghis with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orlentatian ar preference, physical or mental tyndl0on, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment dlsalmination does not include viola0on of civil dghfs adsing out of past, present or prospectlve employment Our o611gation under the Personal and Advertising Injury Liability Coverage to pay non- employment discdminatlon Ilabillry damages on your behalf applies only to the amount of damages In excess of $8,000 deductible as the result of any one offense regardless of the number of persons or organizatlons who sustain damages because of the offense. CL CG 00 13 01 12 Includes wpydghted metedel of Insurance Services Page 4 of 8 OOlce, Incwlth its pennlselon The most we will pay for ail damages for non~mployment diacrlminagon is $16,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS OR OTHERS- AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II -WHO IS AN INSURED Is amended to Include as an addigonal (nsured any person or organization for whom you are performing operatons when you are obligated by virtue of a written contract or agreement that such person or organization ba added as an additional Insured on your policy, but only with respect to "bodily Injury", "property damage" or "personal and adverOsing InJury" Ia caused, in whole or in pert, by: a. Your acts or omissions; or b. The sots or omissions of those acting on your behalf; in the performance of your ongotng operations for the additional Insured. This insurance does net apply to °bodily injury°, °property damage°, 'personal and advertising Injury" included within the "products-completed operegons hazard'. This Insurance does not apply to any addi0onal Insured scheduled on your policy by separete endorsement 2. Llmite of Insurance Llmita of insurance for such additional Insured are the limits In this coverage form or the limits you and such additlonai insured agreed to by virtue of a contract or agreement, whichever Is less. These limits are inclusive of and are not In addition to the Limits Of Insurance shown In the Declarations. 3. Exclusions A. Wifh respect to the Insurance afforded lb these addl0onal insureds, the following additonal exclusions apply to "bodily injury", "property damage" or "personal and advergsing InJury" arising out of: 1. The rendering of or failure to render any professbnai services by you or on your behalf, but only wMh respect to either or both of the folowing operagons: a. Providing engineering, arohitecturel or surveytng services to others In your capacity as an engineer, arohkect or surveyor, and b. Providing, or hiring Independent professionals to provide, engineedng, architecural or surveytng services In cennec0on with conslrudlon work you perorm. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specificagons; and b. Supervisory or inspecdon activities performed as part of any related architectural or engineering activities. 3. Profesalonal services do not Include services within consWGion means, methods, techniques, sequences and procedures employed by you or pedormed by or for the construction manager, its employees or its subcontractors In connection with your ongoing operations. B. "Bodily injury" or "property damage" owurring after: 1, All work, including materiels, parts or equipment furnished in connection with such work, on the protect (other than service, melntenance or repairs) to be performed by or on behalf of the addi0onal insureds) at the location of the covered operations has been wmpleted; or CL CG 0013 01 12 Includes copydghled matedel of Insurence Services Page 6 of 6 Office, Inc with Ha penniasion 2. That portion of "your work" out of which the injury or damage adses has been put to ita Intended use by any person or organlzatlon other than another contractor or subcontractor engaged in performing opera0ons for a principal as a part of the same project. 4. Primary Non-Contrlbutery When required by virtue of a written contract or agreement, coverage providetl to any additional Insured by ADDITIONAL INSURED -OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS -AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contrlbu0on from the additonai Insured's policy. CL CG 001J 01 12 Includes copydghted matedal of Insurance Services Page 6 of 8 Office, Inc wflh Its permtealon THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.). of SECTION 1 -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY la amended as follows: Paregrephs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operatlons at the time of loss. 2. SECTION III - LIMITS OF INSURANCE Is deleted and replaced by the following: The most we will pay in any one 'occurrence" for "property damage" to borrowed equipment Is $15,000. This Ilmlt of insurance is the most we will pay regardless of the number ot: a. Insureds; b. Clefms made or "suits' brought; or c. Persons or organlza0ons making clelms or bringing "suits°. 3. Deductible a. Our obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of $250 as applicable to "property damage" as the result of any ane "occurrence°, regardless of the number of pereona or organizetlone who sustain damages because of that' occurrence". b. The tenna of this insurance, including those vrith respect to our fight and duty to defend the Insured against any °sufla° seeking those damages; end your duties In the event of an "occurrence", Gaim, or'suiY apply irrespactlve of the application of the deductible amount c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notl0cation of the action taken; you shall promptty reimburse us for such part of the deductible amount as we have paid. B. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT 1. For all sums which the Insured becomes legallyy obUgated to pay as damages caused by °occumencea° under COVERAGE A SECTION Ij, and for all medical expenses caused 6y accidents under COVERAGE C (SECT~ON q, wh~h can be atlributed only to ongoing operetlons at a single constructlon project away from premises owned by or rented to the Insured: a. A Single Construction Pro)ect General Aggregate Limit applies to each consWctlon project away from premises owned by or rented to the Insured, and that Ilmit Is equal to the amount of the Genarei Aggregate Limit shown in the Declaretions. b. The Single Construction Project Generel Aggregate Limit Is the most we will pa for the sum of ail damages under COVERAGE A, except damages because of "badlly injury or'property damage" included in the °products-rwmpleted operatlons hazard°, and for medical expenses under COVERAGE C regardless of the number oF. (1) Insureds; (2) Claims made or °suita° broughk or (3) Persons or organ'¢atlons making clelms or bringing °suiW". c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Conatnrctlon Protect General Aggregate Limit for that canaburdion project away from premises owned by ar rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. CL CG OD 20 01 12 Includes copyrighted metedal of Insurence Services Page 1 of 4 Office, Inc with Its pertnisalon d. The Ilmtts shown in the Declarations for Each Occurrence, Fire Damage and Medical 6cp~n~~ ntllnu the Dec aretions vsuch Ilmfts owlll~be subject to theGappiia~blegSingle Consiructlon Project General Aggregate Limit 2. For all sums which the insured becomes legally obilgated to pay as damages caused by 'occurrences' under COVERAGE A (SECTION q, and for aIi medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operetlans at a single designated constructon project away fiom premises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages a under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Llmtt or the ProductsCampleted Operetlons Aggregate Limit, whichever is applicable; and b. Such payments shell not reduce any Single Conshuctlon ProJectGenerel Aggregate Llmtt. S. When coverage for Ifabtlity adsing out of the "products~ompleted operetlons hazard° Is provided, any paymenb for damages because of "bodily Injury' or 'property damage° included in the °produds-completed operatons hazard" vrili reduce the Products-Completed Operatlone Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construcgon Project General Aggregate LImiL 4. If the applicable construction project away from premises owned by or rented to the Insured has been abandoned, delayed, or abandoned and then restarted, or if the authorized contrectlng parties deviate from plans, bluaprlnls, designs, specificetlons ar timetables, the protect will still be deemed to be the same construction project. 5. The provisions of Limits Of Insurance (SECTION III) not otherwise moditled by this endorsement shall contlnue to apply as stipulated. C. LIMITED JOB SITE POLLUTION Exciuslon f, under Secdon I - Coverage A Is replaced by the following: 2. Exclusions This Insurance does not apply Fo: f. Pollution (1) "Bodily Injury" or "property damage" adsing out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location on which any Insured or any contractors or subcentractore working directly or Indirectly on any insured's behaK are performing operations if the operations are to test for, monitor, Gean up, remove, contain, beat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) At or from a storage tank or other container, ducts or piping which Ia bebw or partially bebw the surface of the ground or water or which, at any dme, has been buried under the surface of the ground or water and then subsequentlyy exposed by erosion, excavatlon or any other means ff the actual, allet)ed or'threatened discharge, dispersal seepage, migration, release or escape of 'pollutants" arises at or from any premises, site or bcetlan which any insured or any contractors or subcontractors woddng directly or Indirectly on any Inaured's behalf are Pertortning operationsd the 'pollutants" are brought on or ro the premises, site ar oration In connectlon with such aperedons by such Insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily in+ury" or "property damage" adsing out of heat, smoke or fumes from a "hostile fire'. (2) Any loss, cost or expense adsing out of any: (a) Request, demand, order or statuptroory or regulatory requirement Issued or made pegu etions that any I cured test fotremonftor, dean upererraveilc~rontaln~, treat` detoxify or neutral e, or in any way respond io, or assess the effect of, "pollutants"; or CL CG 00 20 01 12 Includes copyrighted matedel of Insurance Services Page 2 of 4 Office, Inc witlr Hs permlaslon (b) Claim or sutt by or on behalf of a govemmentai authority for damages because of tesOng for, monltadng, cleaning up, removing, wntaining, trea0ng, detoxifying, or neutralizing or In anyway responding to or assessing the affects af, "pollutants". However, this paragraph tloes not apply to liability for those sums the insured becomes legally obitpated ro pay as damages because of "property damage" that the insured wound have n the absence of such request, demand, order or statutory or aeg~lo>~~ requirement, or such claim or "sutt" by or on behalf of a governmental 2. Witlt respect to "bodily Injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migretion, release or escape of "pollutants": a. The "Each Occurrence Limit" shown In the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section III) does net apply. c. Paragraph 1. of Section III -Limits Of Insurance is replaced by the following; The Limits Of Insurance shown in this endorsement, or In the Declarations and the rules below fix the most we w01 pay regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bdnging "suits". d. The following are added to Section III - Limits Of Insurance: 8. Subject to 2, or 3. above, whichever applies, the moat we will pay for the sum of: a. Damages under Coverage A; and b, Medtcel expenees under Coverage C because of °bodily injury" or "property damage" edsing out of the actual, alleged or threatened discharge, dispersal, seepage, migregon, release or escape of "pollutants" is $100,000 aggregate. 9. Subject to B. above, the Medical Expense Limtt is the most we will pay under Coverage C for all medical expenees because of "txxflly Injury" sustained by any one person ansing out of the actual alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". D. VOLUNTARY PROPERTY DAMAGE 1. The following Is added to Section 7 -COVERAGES: We will pay, at your request for °property damage" to that part of any property: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operetlons; or b, That must 6e restored, repaired or replaced because "your work" was Incorrectly performed on It This insurance applies only to "property demage° to property of others while in your care, custody, or control, and arising out of opera0ons away from your Insured premises and incidental to your business. Exclusions J.(3),(4),(5) and (6) do not apply to this coverage. This Insurence does not apply to "property demage° included within the °explosion hazard", the °collapse hazard° ar the "underground property damage hazard'. 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION III -LIMBS OP INSURANCE is replaced by the following: A. Limits of Insurance 1. Unless a higher limit Is shown in the Dedaretbns, the moat we will pay In any one °occurrence° for °property demage° under this endorsement fs $15,000. 2. Unless a higher Omit is shown in the Dedaredons, the most wa will pay for all covered "oixurences° during any one polcy period is $15,000 Aggregate Limit of Insurance. CL CG 00 20 01 12 Includes wpyrighted material of Insurance Services Page 3 of 4 Otfice, Inc with Its pertnlaslon The Limits of Insurence of this endorsement apply separately to each consecutlve annual period and to any remaining period of less than 12 months, starling with the beginning of the policy period shown In the Declaretbns, unless the polcy period Is extended aRer Issuance for an addifional period of less than 12 months. In that case, the additlonal period will be deemed part of the last preceding period for purposes of determining the Limits of Insurence. 3. Deductible a. Our obltgagon to pay damages on behalf of the insured applies onty to the amount of damages in excess of 5250 as the result of any one 'occurrence°, regardless of the number of persons or organizatlons who sustain damages because of that °occurrence". b. The terms of this Insurance, Including those with respect to our Nght and duty to defend the Insured against any "suits" seeking those damages; and your duties in the event of an "occurcence", claim, or °suit" apply Ircespective of the application of the deductible amount. c. We may pay any part or all of the deducUbia amount to effect settlement of any claim ar suit and, upon noflflcagon of the actlon taken; you shalt promptly reimburse us for such part of the deductble amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION N -COMMERCIAL GENERAL LIABILfTY CONDITIONS Is amended as follows: a. The following Is added to paragraph 2. Duties In Tha Event Of Occurrence, Offense, Claim or Sult: In the event of loss covered by this endorsement, the (nsured shall, If requested by us, 'replace the property or famish the labor and materials necessary for repairs at actual cost to the insured, excluding prospectlve profit or overhead charges of any nature. Any property so paid for or replaced shell, at our optlon, become our property. Any payment made by us shall not constitute an admission of liability by an Insured, or y us. b. Paragraph 4.Other Insurance Is emended as follows: (1) Paragraph 4.a. Primary Insurance Is deleted. (2) Subparagraphs (1) and (2) of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance Is excess over any of the other insurance, whether primary, excess, confingent or on any other basis. All other provisions that apply to paragrapph 4.Other Insurance contained in the Commercial General Liability Coverage Farm ere appticaMe. 3. For Uta purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitlons are added to SECTION V -DEFINITIONS: a. "Collapse hazard° Includes °sWCturel property damage" antl any resulting °property damege° to any other property at any time. b. "Explosion hazard" Includes °propert~ damage" arising out of blasting or explosion. The "explosion hazard" does not Include 'property damage" adsing out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damege° means the collapse of or structural inJury to any building or structure due to: (7) Grading of land, excavating, 6orcowing, fitting, back-Oiling, tunneling, pile driving, cofferdam work or caisson work; or (2) Moving, shoring, underpinning, relsing or demolition of any building or sWCture or removal or rebuilding of any structural support of that building or structure. d. °Underground property damage hazard" includes 'underground property damage' and any resulting "property damage" to any other property at any 5me. e. "Underground properly damage" means °property damege° to wires, conduits, pi es, mains, sewers, tanks, tunnels, any similar properly, and any apparatus used whh them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, ddlling, borcowing, filling, backfiifing or pile ddving. CL CG 00 20 01 12 Includes copyrighted material of Insurance Services Page 4 of 4 OfAce, Incwith Its permlaelon THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES, CONTRACTORS OR OTHERS -COMPLETED OPERATIONS -AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured to your policy, but only with respect to "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; for that additional insured and included in the "products-completed operations hazard". B. LIMITS OF INSURANCE Limits of insurance for such additional Insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is Tess. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or Inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations. D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED -OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS -AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis CL CG 20 48 01 12 Includes Copydghted material of Insurance Services Page 1 of 1 Ollice, Inc with its permission Date: 7/30/2013 Fund: 60 Department: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT Engineering 3490 GL Account: 96107 Project# 10010 Construction: X PSA: Task Order: Project Name: Ground Water Reservoir and Booster Pump Station -Construction Project Manager: Clint Worthington Department Representative: N/A Contractor/Consultant/Design Engineer: Contractors Northwest / CH2MHILL Budget Available (Attach Report): $4.2 Mill Contract Amount: $3,991,066.00 Will the project cross fiscal years? Yes X No E-Builder license Yes: X No: Budget Information: FY Budget: 2013 /2014 Enhancement#: 4-Feb Grant#: N/A OtheC Type of Grant: N/A CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) X (Ratings Attached) (Category) TypicalAward Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes 9/4/13 PW License # C-10327-U-1-3 Current? (attach print out) corporation status (Attach Print out): Goodstanding Date Award Posted: Yes August 26, 2013 Correct Category? Yes Insurance Certificates Received (Date): September 13, 2013 Rating: A+ Approved by Risk Mgt. 9/13/2013 Payment and Performance Bonds Received (Date); September 13, 2013 Rating: A Builders Risk Ins. Req'd: Yes No If yes, has policy been purchased? Date Submitted to Clerk for Agenda: Approved by Council Issue Purchase Order No. Date Issued: Issue Notice of Award: Date: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (GROUND WATER RESERVOIR #2 AND BOOSTER PUMP STATION -CONSTRUCTION) PROJECT # 10010 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this ~ day of Sep 2rr~~l: 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 Contractors Northwest, inc, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 6300, Coeur D'Alene. ID 83816 and whose Public Works Contractor License # is C-10327-U-1-3. INTRODUCTION Whereas, the City has a need for services involving GROUND WATER RESERVOIR #2 AND BOOSTER PUMP STATION -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, 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. GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 1 of 13 Project 10010 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 be compensated 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 $3,991,066.00. Funding this project is split between fiscal year 2013 (Oct 12 -Sept. 13) & 2014 (Oct. 13 -Sept. 14), therefore Contractor may not expend more than $2,500,000.00 prior to October 1, 2013. Funding for the Portable Engine Generator ($183,066) is subject to City Council approving a budget amendment in FY14 (October 2013 -September 2014). If the City Council fails to appropriate funds for the generator, City may issue a deductive change order (-$183,066) to this Agreement and Contractor will relieve City of any further obligation to purchase said generator. 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. GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 2 of 13 Project 70010 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, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the 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 365 (three hundred sixty-five) 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 ordamage 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 underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 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 liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to GROUND WATER RESERVOIR AND 800STER PUMP STATION -CONSTRUCTION page 3 of 13 Project 10010 CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. 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 CITYfrom 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 emplovees. 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 GROUNp WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 4 of 13 Project 10010 damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at (east 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. 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 GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 5 of 13 Project 10010 ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. Notices: Any and all notices required to unless otherwise stated in this agreemE communicated when mailed in the Unit requested, addressed as follows: be given by either of the parties hereto, nt, shall be in writing and be deemed :d States mail, certified, return receipt CITY CONTRACTOR City of Meridian Contractors Northwest, Inc Purchasing Manager Attn: D Dean Haagenson 33 E Broadway Ave P O Box 6300 Meridian, ID 83642 Coeur d'Alene, ID 83816 208-888-4433 Phone: 208-667-2456 Email: dean ~?c~ntractorsnorthwest.coni C--- Idaho Public Works License # C-10327-U-1-3 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. GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 6 of 13 Project 10010 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. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. 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. GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 7 of 13 Project 10010 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. 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 any and all claims for damages caused by any such release. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: ~'~ TAMMY de Dated: Approved by Council c~LJ~ CONTRACTORS GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 8 of 13 Project 10010 J YC . HOLMAN, CITY CLERK Purchasing Approval BY: KEIT A TS, uJrchasiing Manager Dated:: ~ / ~ ~'/ 13 Depa nt A o al WARREN ST ART, Engineering Manager Dated:: / GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 9 of 13 Prpject 10010 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-13-10010 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-13-10010, are by this reference made a part hereof. GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 10 of 13 Project 10010 Attachment B MILESTONE !PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $3,991,066.00. MILESTONE DATES/SCHEDULE Milestone 1 Final Completion 365 (three hundred sixty five) da s PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION per IFB PW-13-10010 Total Base Bid ...................$3,808,000.00 Total Additive Bid Alternate (Generator) ...................$183,066.00 CONTRACT TOTAL ....................... $3.991.066.00 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. Bid Schedule Item No. Descri tion Quantit Unit Unit Price 1 General Requirements 1 LS $200,000 2 Mobilization /Demobilization 1 LS 50,000 3 Storm Water Pollution Prevention Control 1 LS i 0,000 4 Excavation Dewatering 1 LS zo,ooo 5 1 LS Excavation, Fill, and Site Gradin 363,000 6 1 LS Yard Pi in 250,000 7 1 LS Fencin 60,000 GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 11 of 13 Project 10010 8 As halt Pavin 1 LS 21,500 9 Landsca in and Irri ation 1 LS 60,000 10 Other Work 1 LS ioo 11 Foundations (including pipe encasements) 1 LS 40,000 12 Steel Tank Fabrication, Delivery, and Erection 1 LS 1,100,000 13 Piping and Supports 1 LS 25,000 14 Tank Painting 1 LS 350,000 15 Tank Mixer 1 LS 75,000 16 Concrete Overflow and Drain Boxes (outside of reservoir) 1 LS 12,000 17 Disinfection (reservoir and all piping on project) 1 LS soo 18 Other Work 1 LS 100 19 Concrete Foundations, Slabs, Pads, etc. 1 LS 95,150 20 Masonry Walls 1 LS 40,000 21 Metal Fabrications, Grating, etc. 1 LS 3,000 22 Wood Roof Trusses and Sheathing 1 LS 11,000 23 Interior Walls and Wall Coverings 1 LS 10,000 24 Thermal and Moisture Protection 1 LS 4,000 25 Doors and Louvers 1 LS 10,000 26 Painting and Finishes 1 LS 7,500 27 Signage and Safety Equipment 1 LS 650 28 Plumbing 1 LS so,ooo GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 12 of 13 Project 10010 29 HVAC 1 LS 36,000 30 Process Piping, Supports, Valves, Meters, and 1 LS Operators 160,000 31 Vertical Turbine Pumps 1 LS 290,000 32 Sodium Hypochlorite Generation System 1 LS (Installation) 12,000 33 Pressure Tanks 1 LS 55,000 34 Other Work 1 LS Soo 35 Site Electrical 1 LS 20,000 36 Reservoir Electrical /Instrumentation & 1 LS COntrOIS 49,000 37 Booster Pump Station Electrical 1 LS 273,000 38 Booster Pump Station Instrumentation & 1 LS Controls 44,000 39 Other Work 1 LS 100 Al Portable Engine Generator 1 LS 183,066 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. GROUND WATER RESERVOIR AND BOOSTER PUMP STATION -CONSTRUCTION page 13 of 13 Project 10010 EXHIBIT 1 CONSTRUCTION DOCUMENTS GROUND RESERVOIR #2 AND BOOSTER PUMP STATION CITY OF MERIDIAN, IDAHO ADDENDA INDEX Addendum No. 1 - August 13, 2013 Addendum No. 2 - August 16, 2013 Addendum No. 3 - August 19, 2013 DRAWINGS -DATED JUNE 14. 2013 G001 Index to Drawings & Location Map G002 Civil Legend and Notes G003 Architectural, Life Safety Plan, Code Data, and Legends G004 Structural Notes G005 Structural Notes and Abbreviations G006 Statement of Special Inspections G007 Statement of Special Inspections G008 Statement of Special Inspections G009 Mechanical Legend G010 Electrical Legend G011 Instrumentation Legend CIVIL C100 Existing Site Conditions Plan and SWPPP C101 Site Location and Grading Plan C102 Yard Piping Plan C301 Site Details C302 Site Details LANDSCAPE L101 Plan L102 Landscapetrrigation Plan L301 Notes & Details L302 Irrigation Details STRUCTURAL S101 Reservoir Foundation Plan S102 Reservoir Roof and Enlarged Piping Plans S201 Reservoir Sections and Details S202 Reservoir Pipe Encasement Sections S301 Reservoir Details S302 Reservoir Details S303 Reservoir Details S304 Reservoir Details ARC HITECTU RAL/STRUCTURAL AS101 Pump Station Floor and Roof Framing Plans AS201 Pump Station Roof Plan, Elevations, and Door Schedule AS202 Pump Station Enlarged Elevations and Finish Schedules AS203 Pump Station Sections and Details AS301 Pump Station Details AS302 Pump Station Details AS303 Pump Station Details AS304 Pump Station Details MECHANICAL M101 Pump Station Piping Plan M102 Pump Station HVAC and Plumbing Plan M201 Pump Station Sections M202 Pump Station Sections M301 Pump Station Details M302 Pump Station Enlarged Plan and Details M401 Pump Station HVAC Schedules ELECTRICAL E001 One-line Diagram E101 Site Plan E102 Pump Station Power Plan E103 Pump Station Facility Plan E201 Control diagrams E301 Details E401 Schedules INSTRUMENTATION & CONTROLS N501 P&ID Reservoir and Booster Pump Station N502 P&ID Hypochlorite Generator System N503 Details VOLUMNE 1 -DATED JUNE 20, 2013 Division 01 General Requirements Division 02 Existing Conditions (not used) Division 03 Concrete Division 04 Masonry Division 05 Metals Division 06 Wood, Plastics, and Composites Division 07 Thermal and Moisture Protection Division 08 Openings Division 09 Finishes Division 10 Specialities Division 11 Equipment (not used) Division 12 Furnishings (not used) Division 13 Special Construction (not used) Division 14 Conveying Equipment (not used) Division 15 (not used) Division 16 (not used) Division 17 (not used) Division 18 (not used) Division 19 (not used) Division 20 (not used) Division 21 Fire Suppression (not used) Division 22 Plumbing VOLUME 2 -DIVISION 23 THROUGH DIVISION 44 -DATED JUNE 20, 2013 Division 23 Heating, Ventilating, and Air-Conditioning (HVAC) Division 24 (not used) Division 25 Integrated Automation (not used) Division 26 Electrical Division 27 Communications (not used) Division 28 Electronic Safety and Security (not used) Division 29 (not used) Division 30 (not used) Division 31 Earthwork Division 32 Exterior Improvements Division 33 Utilities Division 34 Transportation (not used) Division 35 Watervvay and Marine Construction (not used) Division 36 (not used) Division 37 (not used) Division 38 (not used) Division 39 (not used) Division 40 Process Integration Division 41 Material Processing and Handling Equipment (not used) Division 42 Process Heating, Cooling, and Drying Equipment (not used) Division 43 Process Gas and Liquid Handling, Purification,and Storage Equipment (not used) Division 44 Pollution Control Equipment Division 45 Industry-Specific Manufacturing Equipment (not used) Division 46 (not used) Division 47 (not used)