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Independent Contractor Agreement with ALTA for Waterline Replacement Lynhurst to Penwood
Date: 9/23/2014 Fund: 60 Department: Construction: x CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT Public Works Project Name: Waterline Project Manager: Dean Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? 3490 GL Account: 95000 Project# Task Order: fnhurst PI to W. Penwood to End - Construction Stacey Department Representative: na ALTA CONSTRUCTION / Riedesel Engineering Yes Contract Amount: $61,798.00 Yes Budget Information: FY Budget: 15 No x Enhancement #: 13 Grant#: Other: Type of Grant: BASIS OF AWARD Low Bidder x Highest Rated (Bid Results Attached) yes (Ratings Attached) Typical Award Yes x No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License# c-16656 October 23, 2014 Current? (attach print out) Master Agreement (Category) Date Award Posted: October 13, 2014 Yes Corporation Status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): October 22, 2014 Rating: A+ Payment and Performance Bonds Received (Date): October 22, 2014 Rating: A+ Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? NA Date Submitted to Clerk for Agenda: IC&L-31 IV Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted _ Issue Notice of Award: Date: NTP Date: 10444.b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a 0 0 m 0 w 0 a 0 O N N N N O O O o O o m m m m o m m m N o m m m a m W H H H N N H L a V F W W W 0 0 of o o SII � T ro �ti C � �I S ro E ✓ U U 0ro 4 V H L a V F W W W ro w El V p H E ro m 0 0 o o H ro o m U U) H J D LL! w 5u 1111 1111 t IIIIN�� ��0�01�111 a11�0�1111N O�o�Q1�N1 ID SOS Viewing Business Entity [ New Search ] [ Back to Summary ] [ Get a certificate of existence for ALTA CONSTRUCTION, INC. ] [ Monitor ALTA CONSTRUCTION. INC. business filings ] 619 N CLOVERDALE ROAD BOISE, ID 83713 Type of Business: Status: State of Origin: Date of Origination/Authorization: Current Registered Agent: Organizational ID / Filing Number: Number of Authorized Stock Shares: Date of Last Annual Report: Filed 27 ]an 1977 [ Help Me Print/View TIFF I Amendment Filed 11 Sep 1980 Amendment Filed 04 ]un 1982 Amendment Filed 1S Aug 1983 Amendment Filed 15 Apr 1992 Report for year 2014 Report for year 2013 Report for year 2012 Report for year 2012 Report for year 2011 Report for year 2010 Report for year 2009 Report for year 2009 http://www.accessidalio.org/public/sos/corp/C54953.htinl[10/13/2014 3:07:09 PM] Help Me Print/View TIFF ] [ Help Me Print/View TIFF ] IDSOS Viewing Business Entity Report for year 200E Report for year 2007 Report for year 200E Report for year 2005 Report for year 2004 Report for year 2002 Report for year 2001 Report for year 2000 Report for year 1999 Report for year 1998 Report for year 1997 Report for year 1996 Report for year 1995 Report for year 1995 Report for year 1994 Report for year 1993 Report for year 1992 Report for year 1991 Report for year 1990 Report for year 1989 Report for year 1988 Report for year 1987 Idaho Secretary of State's Main Paoe State of Idaho Home Paae Comments, questions or suggestions can be emailed to: sosinfoCa)sos.idaho.gov http://www.accessidalio.org/public/sos/corp/C54953.html[10/13/2014 3:07:09 PM] Home I Setup are Account { Log In � F. REMEMBER ME Forgot Password IUsemSrne Permits Apply ° I IIr NrY.11hr �X�.. �.n -oAl Search Pay Fees If Company Name License Number Work Category(s) License Type License Class Slalus Applicant Name ' . . . 11 • : 1111 1111 1111 Licenses Search Trade Licenses Search Public Works Inspections ScheduleftJ: hii Elevators; s . Search Elevators RIM. - I - 11 ' Violations Search 00393B Shopping Cart Issue: 6125/2014 Pay All Fees Expire: 6/30/2015 Contact ': c Contact us Tvraec PUBLIC WOVKS The Dlvislon of Building Safely, makes every effort to produce and publish the most current and accurate Informatlen possible. No vraranfles, expressed or Implied, are provided for the dala herein, its rise, or IIS Interpretation. Joizahon of this N-ebslto Indicates unskistendin9 and acceptance of this statement. ALTACON-01 MWHITE ,acoRO' CERTIFICATE OF LIABILITY INSURANCE lhk/ DATE(MMIDDIYYYY) r 10/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endoreement(s). PRODUCER Boise Office E C � � I O 960 Bro est Insurance, Inc. ' v6., V 960 Broadway Avenue Suite 100 Boise, ID 83706 OCTCIL, C/l, � 9 q��� L L CONTACT NAME: PHDNE 208 424-2900 Fn"IC No : 1206 424-2999 AIC Enl : ( ) t ) IL RILF.SS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:Clnclnnatl insurance Companies 10677 INSURED FINANCE INSURER B: Idaho State Insurance Fund INSURER C: DE pP�¢ Alta Construction, Inc. " INSURER D: 619 N. Cloverdale Rd. Boise, ID 83713 INSURER E: INSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUaR Meridian, ID 83642 POLICY NUMBER POLICY EFF MMIDDIYYYYl POLICY EXP IMMMD UNITS A X COMMERCIALGENERALLIABIUTY CLAIMS -MADE FrOCCURX X GA233(0207) X EPPOOSS490 01/2312014 01/23/2015 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 500,000 MED EXP (Any ane perm) $ 10,00 PERSONAL a ADV INJURY S 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY JERO 11 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG S 2,000,000 $ A AUTOMOBILE LIABILITY X ANYAUTO ALL ONMED SCHDULED X HRTEDAUTOS X NON-0ANED AUTOS X AA4171(1106) I X AA4172(0909) X X EPPOO55490 01/23/2014 0112312015 GMB/ E SINGLE LIMIT $ 1,000,00 Me accident BODILY INJURY(Per person) $ BODILY INJURY (Per ecddenl) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE - EPP0055490 01/2312014 01123/2015 EACH OCCURRENCE $ 2,000,000 AGGREGATE S 2,000,000 DED I RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYSTATUTE ANY PROPRIETORRARTNEWEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) Ifyes describe under DESCRIPTION OF OPERATIONS below N/A 590369 10/0112014 10/0112015 ER E.L. EACH ACCIDENT $ 500,00 E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Project: PW -14-10444.b - Replacement- Lynhurst PL to W Penwood to End -Construction CERTIFICATE HOLDER CANCELLATION ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cil of Meridian City 33 East Broadway Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coveraae: Renins on Paw 1. Employee Benefit Liability Coverage.................................................................................................. 2 2. Unlntentlonal Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You................................................................................................... 0 4. Supplementary Payments................................................................................................................... 9 5. Medical Payments................................................................................................................................ 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.)......................................................................................................... 9 7. leo Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation.......................................................................................................................10 9. Automatic Additional Insured - Specified Relationships: ................................................................ 10 Managers or Lessors of Premises; Lessor of Leased Equipment; Vendors; State or Polllicai Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment.......................................................................................14 12. Employees as Insureds - Specified Health Care Services;............................................................14 Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence......................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown In the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of eamings: $ 350 S. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 1 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are In ex. cess of the deductible amount stated In Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cue - to y or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the appiloatlon of such (2) Condition 2. Duties in the Event of Occurrence; Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 pay Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED Is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision Is af. forded only until the 180th dayy after you acquire or form the organization or the end of the policy period, whichever Is earlier; (a. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for Injury or damage arising out of your on- going operations or "your work" done un- der awritten con at requiring such waiver with that person or organization and Included in the "products -completed operations hezord". However, our rights may on[ be walved prior to the "occur- rence" giving rise to the Injury or damage for to we make payment under this Coverage Part. The Insured must do nothing after a loss to impair our rights. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speof- fied Relationships g/ The following Is hereby added to SECTION II - WHO IS AN INSURED: (1) Any, person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional Insured) whom you are required to add as an addl. tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of Insurance showing that per- son or organization as an additional Insured has been Issued, is an, insured, provided: (a) The written or oral contract or agreement Is: i) Currently In effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this Insurance would apply; and (b) They are not speclffoally named as an additional In- sured under any other pro- vision of, or endorsement added to, this Coverage Part (2) Only the following persons or organizations are additional In- sureds under this endorsement, and insurance coverage pro. vided to such additional in- sureds Is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide Insurance, but only with respect to liability ads - Ing out of the ownership, maintenance or use of that part of a premises leased to you subject to the following additional exclusions: This Insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with its permission. Page 10 of is Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 11 of is you c) al in that premises. ch micalyschange 2) Structural alterations, In the product made Intentionally new construction or demolition operations by the vendor; pperformed by or on be- d) Repackaging, un- haif of such additional less unpacked / /ib) insured. Any or organization solely for the pur- Inspection,tion person demonpose demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragrapph 9.a.(i) to parts under In- above provide In- surance. Such person(s) or structiparts he from the manufacturer, menuf and organizations) are Insureds repack then repackaged tthe solely with respect to their liability arising out of the original maintenance, operation or container; use by you of equlpment leased to you by suchh e) Any failure to In- per- son(s) or organizations(s). make such spectlons, adjust - However, this insurance merits, tests or does not apply to any "oc- servlcing as the currence" which takesplace vendor has after the equipment lease agreed to make or expires, normally under- (c) Any person or organization takes to make in the usual course (referred to below as ven- of business, In dor) with whom you have conneotion with agreed per Paragraph 9.a.(i) above to provide in- the distribution or surance, but only with re- "bodily sale of the prod- ucts; spect to Injury" or "property damage" arising f) Demonstration, sn- out of "your products" which stallatlon, servlo- are distributed or sold In the regular course of the ven- ing or repair op - orations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises i) The insurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily Injury" or g) afterr distributloducts n or property ddamage" for which the ven- sale by you, have dor Is obligated to been labeled or relabeled or used pay damages by reason of the as- as a container, sumption of Ilabil- part or Ingredient of any other thing Ity in a contract or or substance by or agreement. This exclusion does not for the vendor. apply to liability for 2) This Insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganizatlon: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any Ingredient, ranty unauthorized part or container, by you; entering Into, so - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 11 of is companying or containing such 2) This insurance does not apply to "bodlly In. products; or Jury", 'property dam• b) When liability In- age" or"personal and cluded within the "products- advertising Injuryaris- Ing out of operations completed o era- P performed for the state tions hazard has or political subdivision. been excluded under this Cover- (f) Any person or organization with which have agreed age Part with re- you per Paragraph 9.a.m spect to such products, above to provide Insurance, but only with respect to I!. Any e or political (d) Anstat ablll arising out of "your work' performed for that vis on with which you hhave ave agreed per Isavide p1h above to provide in- additional Insured by you or on your behalf. A person or surae) surance, subject to the fol- organization's status as an Insured under this provision lowing additional provision: of this endorsement contin- This Insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has 'In no event beyond the ex. Issued a permit in connec- piration date of this Cover. lion with premises you own, age Part. If there Is no rent or control and to which written contract or agree - this insurance applies: ment, or if no period of time 1) The existence malnte- nanoe, repair, Is required by the written contract or agreement, a con- struction, erection, or person or organization's status as an insured under removal of advertising this endorsement ends signs, awnings, cano- pies, cellar entrances, when your operations for that Insured are completed, coal holes, driveways, manholes, marquees, (3) Any Insurance provided to an hoist away openings, addltional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- sures ons oa similar expo- (a) Subparagrephs (e) and ((f) does "bodily no apply to injuryor "property damage 2) The construction, erec- included within the "prod - don, or removal of ele- pots -completed operations vators; or hazard'; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any & and (Q does not apply to elevators covered by bodily injury", "property this Insurance. damage" or personal and (e) Any state or political subdl- advertising injury" arising out of the sole negligence vision with whichyou have or willful misconduct of the agreed per Paragrapph 9.a.(1) above to in- additional insured or their "employees" provide surance, subject to the fol- agents, or any other representative of the lowing provisions: additional Insured; or 1) This Insurance applies only with to (c) Subparagraph (f) does not "bod(ily respect op- apply to Injury", arations performed b "property damage" or 'per - you or on your behalf sonal and advertising Injury" for which the state or arising out of: Political subdivision has issued a permit. 1) Defectfur. ef dsbnIshy signon oa Includes copyrighted material of Insurance GA 233 02 07 Services Office, Ino., with its permission. Page 12 of 15 of the additional In- spects any other Insurance sured; or policy Issued to the addl- 2) The rendering of, or other insurance policy shall failure to render, any be excess and / or noncon- professional architec- hibuting, whichever applies, tural, engineering or with this Insurance. surveying services, In- Insurance policy that Is cluding: (b) Any Insurance provided by a) The preparing, prlimarydtosother tInsurrlance approving or fall- available to the additional Ing to prepare or Insured except: maps, cess. aprove op drawings, 1) As otherwise provided opinions, reports, In SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5, Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, In 2) For any other valid and spection, archi- collectible Insurance tectural or engl- available to the add[ - nearing activities, tional insured as an 3) "Your work" for which a additional Insured by attachment an consolidated wre -u (wrap-up) P) dorsement too another Insurance program has Insurance policy that Is been provided by the pdmecontractor-project written on an excess basis. In such manager or owner of case, the coverage provided the construction project under this endorse - In which you are in- ment shall also be ex - volved. cess. V. Only with regard to Insurance pro- (2) Condition 11. Conformance to vided to an additional insured dealg- Specific Written Contract or nated under Paragraph 9.a(2) Sub- Agreement Is hereby added; paragraph t) above, SECTION ill - ( LIMITS OF INSURANCE is amended 11. Conformance to Specific to Include: Written Contract or The limits applicable to the additional Agreement Insured are those specified in the Nth respect to additfonal written contract or agreement or In Insureds described In Pars - the Declarations of this Coveragge g ph 9.s.(2)(I) above only: Part, whichever are less. If no Ilmlts are specked In the written contractIf a written contract or or agreement, or If there Is no written agreement between you contract or agreement, the limits ap- and the additional Insured plicable to the additional Insured are specifies that coverage for those specified in the Declarations of the additional Insured: this Coverage Part The limits of in- a. Be provided by the in- surance are Inclusive of and not In surance Services Of - addition to the limits of Insurance fice additional Insured shown In the Declarations. form number CG 2010 o. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS Is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 6. Other Insurance is completed operations; amended to include: or /(a) Where required by a written c. Include coverage for // contract or agreement, this "yourwork"; insurance is primary and / or noncontributory as re- and where the limits or cov- erage provided to the addl- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional Insured is more re- strlctive than was specifl- cally required In that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b, above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is Included within the terms of the Coverage Part to which this endorse- ment is attached. If. how- ever, the written contract or agreement specifies the In- surance Services Office additional Insured form number CG 2010 but does not specify which edition, or and apply and Paragraph 9.b. of this endorsement shall ap- y, 0. pl Broadened Contractual liability - Work Within 50' of Railroad Property It Is hereby agreed that Paragraph f.(1of Definition 12. "Insured contract" (SIC - TION V - DEFINITIONS) Is deleted. 11. Property Damage to Borrowed Equip. ment a. The following is hereby added to Ex- clusion 1. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 1. Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. Wdh respect to the Insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of Insurance shown In the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not In addition to the limits being replaced. The Limits of Insurance shown In Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay In any one "oc- currence' regardless of the number of: (a) Insureds; (b) Claims made or "sults" brought; or (c) Persons or organlzations making claims or bring "suits". (2) Deductible Clause (a) Our obilgation to pay dam- ages on your behalf appplles only to the amount of dam- ages for each "occurrence" which are In excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of Insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit ap- plies - plies to each claim or hsuiitt" irrespective of the amount (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services Paragraph 2.a((1)((he of SECTION 11 - WHO Ireed that AN INSORE�, does not appiyy to your "em- ployees" who provide professlonal health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, In the jurisdiction where an "occurrence" or offense to which this Insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 14 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date Is indl- cated below. Endorsement Effective: Policy Number: Insured: by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to Include as an Insured any person or organization with which you have agreed in a valid written contract to provide Insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement mociffies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the Inception date of the policy unless another data is Indi- cated below. Endorsement Effective: Policy Number: 01-23-2014 EBA 005 54 90 Named Insured: ALTA CONSTRUCTION INC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because AA 4172 09 09 of payments we make for "bodily Injury" or "property damage" arising out of the operation of a covered "auto' when you have assumed liability for such "bodily Injury" or "property damage" under an "Insured contract", pro- vided fhe "bodily injury" or "property damage" occurs subsequent to the execution of the "in- sured contract". PERFORMANCE Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 Bond No.: 106171114 CONTRACTOR: (Name, legal status and address) Alta Construction, Inc. 619 N. Cloverdale Rd. Boise, ID 83713 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America r One Tower Square Hanford, CT 06183 CONSTRUCTION CONTRACT Date: October 28, 2014 Amount: S 61,798.00 Sixty One Thousand Seven Hundred Ninety Eight Dollars and 00/100 Description: (Name and location) Waterline Replacement- Lynhurst PI to W Penwood to End - Construction BOND Date: October 28, 2014 (Not earlier than Construction Contract Date) Amount: $ 61,798.00 Sixty One Thousand Seven Hundred Ninety Eight Dollars and 001100 Modifications to this Bond: None See Section 16 CONTRACTOR AS PRINCIPAL Company: Alta Construction, Inc. (Corporate Seal) Name an invent Title: PP[es•r+e Nr (Any additional signatures appear of (FOR INFORMATION ONLY— Name, AGENT or BROKER: PayneWest Insurance, Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 208.424-2900 SURETY q1to, Company: Travelers Casualty and Surely Co a. (Corporate Seal) and Brenda J. Spth" Attorney-In-Fact :a Bond.) OWNER'S REPRESENTATIVE: (Architect, Engineer or other party,) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 § 1 The Contractor and 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 Construction 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 Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor 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 (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terns of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor 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 Aller 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 and 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 Bond 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 shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction 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 the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 § 8 If 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 Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 18 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this 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 Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed 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 Construction 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 Construction 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 comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond 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. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 PAYMENT Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 Bond No. 106171114 CONTRACTOR: (Name, legal status and address) Alta Construction, Inc. 619 N. Cloverdale Rd. Boise, ID 83713 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 CONSTRUCTION CONTRACT Date: October 28, 2014 Amount:$ 61,798.00 Description: (Name and location) SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America A' -i- One Tower Square Hartford, CT 06183 Sixty One Thousand Seven Hundred Ninety Eight Dollars and 00/100 Waterline Replacement - Lynhurst PI to W Penwood to End - Construction BOND Date: October 28, 2014 (Not earlier than Construction Contract Date) Amount: S 61,798.00 Sixty One Thousand Seven Hundred Ninety Eight Dollars and 00/100 Modifications to this Bond: 0 None 0 See Section 18 oma xuw„ �tp0 )�4? CONTRACTOR AS PRINCIPAL rilIMgo,�SURETYCompany: Alta Construction, Inc.,.•`� CON$ f �'•., Company: Travelers Casually and Sure (Corporates '►--�Q``�'6*6~(Corporate Seat) J c • Signature: 111,0411 -+ rzSignature: Name an ..w- game and Brenda J. ith Title: ho°s.oEtt1 itte: Attorney -in -Fact (Any additional signatures appear oitgjl�Etrpagwp thisjfaymenl Bond.) (FOR INFORMATION ONLY —Name, a89tkS+2in�d telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) PayneWest Insurance, Inc. 960 Broadway Avenue, Suite 100 Boise, ID 83706 208-424-2900 The company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition I § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the 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 furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor 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 duly 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 Contractor, .I have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last famished materials or equipment included in 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 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-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 alter receipt of the Claim, staling the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, 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. § 8 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 good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall 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. § l I The Surety hereby waives notice of any change, including changes of time, to the Construction Contract 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 Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish 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 furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address: SURETY Company: Signature: Name and Title: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A912, 2010 edition 4 TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company SuretyBond No. 106171114 OR Project Description: Waterline Replacement - Lynhurst PI to W Penwood to End - Construction St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Alta Construction, Inc. obllgee: City of Meridian KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company Is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Brenda J. Smith of the City of Boise , State of ID , their true and lawful Attorney -In -Fact, to sign, execute, seal and acknowledge the surety bond(s) referenced above. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed and their corporate seals to be hereto affixed, this 1011 day of September, 2012. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 5 1l it a �dF X851 MA i Ism, �3 SSRL , 0 C A„ 1f9a A/.N) State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Moe President On this the 1011 day of September, 2012, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Moe President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company', St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. m� P- • ttO • Mare C. Tetreault, Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now In full force and effect, reading as follows; RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice Presldent, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of Indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and It Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation Is In writing and a copy thereof Is filed in the office of the Secretary; and it Is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, If required) by one or more Attorneys -In -Fad and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and It Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-In-Fad for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which It Is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which is In full force and effect and has not been revoked. INTESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 28th day of October 2014 Kevin E. Hughes, Assistant Secretary tier S +� M05 �1877 ,g Sa a'r�,�V.r% N to arh To verify the authentle ty of this Power of Attorney, call.1-800-421-3880 or contact as at www.trave%rsbond com. Please refer to theAttorney-Ia-Fact number, the above-named Indiv/duais and the dela//sof the bond to which the poweris attached. Memo To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Dean Stacey Date: 10-22-2014 Re: October 28th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 28 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to ALTA CONSTRUCTION, INC for the "Waterline Replacement — Lynhurst PI to W Penwood Dr to End" project for a Not -To - Exceed amount of $61,798.00. Recommended Council Action: Award of Bid and Approval of Agreement to ALTA CONSTRUCTION, INC for the Not -To -Exceed amount of $61,798.00. Thank you for your consideration 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WATERLINE REPLACEMENT - LYNHURST PL TO W PENWOOD TO END - CONSTRUCTION) PROJECT # 10444.b THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made effective this 28th day of October, 2014, 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 Alta Construction. Inc, hereinafter referred to as "CONTRACTOR", whose business address is 619 N. Cloverdale Rd, Boise, ID 83713 and whose Public Works Contractor License # is C -003938 -AAA -1,2,3. INTRODUCTION Whereas, the City has a need for services involving WATERLINE REPLACEMENT - LYNHURST PL TO W PENWOOD TO END - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as toanywork which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 1 of 11 Project 10444.b 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 a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $61,798.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END- CONSTRUCTION Page 2 of l l Project 10444.b o 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 60(sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $350.00 (three hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. : Substantial Completion shall be accomplished within 45 (forty-five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $350.00 (three hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 3 of 11 Project 10444.b 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 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 CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Aareement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 4 of 11 Project 10444.b a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 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 or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 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. WATERLINE REPLACEMENT- LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 5 of 11 Project 10444.b GD B. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during corrected will require an additional two acceptance of the corrected work. a warranty inspection and subsequently (2) year warranty from the date of City's 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and _ guidelines can be found at this address: htti)://www.meridiancity.org/environmental.asr)x?id=l 3618. 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. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Alta Construction, Inc Purchasing Manager Attn: Justin King 33 E Broadway Ave 619 N Cloverdale Rd Meridian, ID 83642 Boise, ID 83713 208-888-4433 Phone: 208-853-6588 Email: iking0altaedge.coom Idaho Public Works License #C -003938 -AAA -1,2,3 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. 11. 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 maybe 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. 12. 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. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END —CONSTRUCTION Page 6 of 11 Project 10444.10 13. 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. 14. 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. 15. Reports and Information: 15.1 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. 15.2 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. 16. 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. 17. 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. 18. 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. 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 7 of 11 Project 10444.b M and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. 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. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END —CONSTRUCTION Page S of 11 Project 10444.b Q 27. 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. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ALTA CONSTRUCTION BY: BY: TAMMY de W EERD, MAYOR Jul Dated: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Purchasing Approva BY: KEIT ATTS, Purchasing Manager Dated:: V�`/ Dated: /O Aza Depa 4t Ap 6r al BY: WAffRtN STE ART, Engineering Manager Dated:: /0 I WATERLINE REPLACEMENT- LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 9 of 11 Project 10444.b M 27. 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. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de Dated: / 0 - 2-P - /4/ ALTA CONSTRUCTION V � Dated: --/O A711 Approved by Council: 2t 2014/ At ,VAYCIE1 L. koLMAN, CITY CLERK Purchasing Approva BY: KEIT ATTS, Purchasing Manager Dated:: IM Dated:: AD 2 1 Engineering Manager WATERLINE REPLACEMENT- LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page 9 of 11 Project 10444.b SCOPE OF WORK REFER TO INVITATION TO BID PW -14-10444.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -14-10444.b, are by this reference made a part hereof. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END —CONSTRUCTION Page 10 of 11 - Project 10444.b 6 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $61,798.00. AlMilestone 1 Substantial Completion 45 (forty-five) days Milestone 2 Final Completion 60 (sixty) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WATERLINE REPLACEMENT - LYNHURST PL TO W PENWOOD TO END - CONSTRUCTION per IFB PW -14-10444.b Total Bid Schedule ...................$61,798.00 NOT TO EXCEED TOTAL ....................... 1 98.00 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. _r. " ".y.z v'tea ,�.. a +4 '�vm t -[` Y `?', Aa{ 'i moi` A DESCRIPTION QNTY UNIT PRICE ITEM ISPWC 307.4.1.A.7 Miscellaneous Surface Restoration 40 LF $ 20.00 ISPWC 307.4.1.G.1 Type "P" Surface Restoration 338 SY $ 37.00 ISPWC 401.4.1.A.1 Water Pipe, 8" 334 LF $ 36.00 ISPWC 404.4.1.A.1 Water Service Connection- 3/4" (no meter) 10 EA $780.00 ISPWC 402.4.1.A.1 8" Gate Valve 3 EA $1,534.33 ISPWC 403.4.1.A.1 Reconnect to Existing Fire Hydrant 1 EA $2,175.00 ISPWC403.4.1.A.1 Fire Hydrant Assembly 1 EA $5,100.00 ISPWC 802.4.1.A.1 3/4" Minus Crushed Aggregate for Base Type 1 115 CY $ 19.78 ISPWC 1006.4.1.C.1 Install Inlet Protection 3 EA $ 30.00 ISPWC 1103.4.1.A.1 Traffic Control 1 LS $3,125.00 ISPWC 2010.4.1.A.1 Mobilization/Demobilization 1 LS $7,300.00 SP -1 Install New Water Service Line (Meter to Building, If needed and approved by city) 1 100 LF $ 26.00 SP -2 Connect Existing Water Lines to New Water Service 1 10 EA $140.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. WATERLINE REPLACEMENT - LYNHURST PL TOW PENWOOD TO END— CONSTRUCTION Page l l of 11 Project 10444.b U