Loading...
Agreement with Bricon, Inc 8th St Park RestroomAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION) PROJECT # 6003-10397-1 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 20th day of AUGUST, 2013, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Bricon,_Inc, hereinafter referred to as "CONTRACTOR", whose business address is 2345 E. White Hawk, Meridian, ID 83646 and whose Public Works Contractor License # is C-11823 AA - 3 -4. INTRODUCTION Whereas, the City has a need for services involving STH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor 8TH STREET PARK RESTROOM AND PLAYGROUND- REBID - CONSTRUCTION page 1 of 15 Project 6003-10397-1 represents and warrants that it will perform its work in accordance with generally accepted industry standards 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 131 228.50. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Per the requirements of the CDBG Grant weekly certified payroll reports be submitted to the City of Meridian. 2.4 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2014 or (c) unless sooner terminated as provided in Section 3.4 below or unless some other method or time of termination is listed in Attachment A. 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 2 of 15 Project 6003-10397-1 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, atthe Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agentsfajls to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of 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: 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 3 of 15 Project 6003-10397-1 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 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 Insurances 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 minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 4 of 15 Project 6003-10397-1 with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance 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. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 5 of 15 Project 6003-10397-1 CITY CONTRACTOR City of Meridian BRICON, INC Purchasing Manager Attn: Mark Brice 33 E Broadway Ave 2345 E. White Hawk Meridian, ID 83642 Meridian, ID 83646 208-888-4433 Phone: 208-888-3746 Email: bdconlC7a msn.com Idaho Public Works License #C -11823 -as -3-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement bythe party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CIT'. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 6 of 15 Project 6003-10397-1 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall 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. 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. STH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 7 of 15 Project 6003-10997-1 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document 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. CDGB GRANT REQUIREMENTS: This project is being funded by a Community Development Block Grant. The Davis -Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This contract, will be subject to HUD -4010 Federal Labor Standards Provisions attached hereto as "Attachment C" and made a part hereof. Paragraph 2 on page 2 of 5 of HUD -4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis -Bacon requires wages to be paid not less often than once aweek. All subcontractors and any lower tier subcontractors are subject to the same Davis - Bacon Wage requirements as the general contractor. 27. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES FOLLOW ON NEXT PAGE 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION }gage a of 15 Project 6003-10397-1 CITY OF MERIDIAN BY: TAMMY de Dr MAYOR Dated: F, Do 1 3 C"; BRICON, INC BY:: MARK BRICE, Preskien Dated: 7 f` r 43 rr r9 oma, IDAHO SEAL Eq Purchasing Approval P<<sa TR,p BY: K A , PurdNasing Manager Dated: 1-4- 3 BY'/I1�� `k- STEWSI DOV!►AY, Perles &_ Director Dated:: r- r .7•T' Tom` ' • t,: :.�' ' :�`: i' _.7.111` �M • �'�`.' ..<;.e,., .. n�; w.VZXARIIIi.-M Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PKS-13-6003-10397-1 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-13-6003-10397-1, are by this reference made a part hereof. 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 10 of 15 Project 8003-10397-1 Attachment B MILESTONE 1 PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $131,228.50. AR n" l -STOIDA CES SCFIED LE �w y' ,�:' ).-!z •f y Yi Y F+.'� .3 ;sem+M-� y/ Milestone 1 Substantial Completion 50 (fifty) days Milestone 2 Final Completion 60 (sixty) days Yk � `Jt E �a "x r$PRIC NU&, ' EDUL10 Contract includes furnishing all labor, materials, equipment, and incidentals as required for the 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION per IFB PKS-13-6003-10397-1 Total Bid Schedule 1 ...................$131,228.50 CONTRACT TOTAL ....................... $131.228.50 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED I3Y CITY. { �- :ri �Btd Schedule4111 Item No. Description Quantity Unit Unit Price 1 Construction Fencing LF $2.00 Provide all labor, materials and equipment to fully 2 $112,809.00 construct restroom building and all appurtenances. Provide all labor, materials and equipment to 3 Install concrete sidewalk -thickened base per detail SF $5.00 3, sheet 1-1.2 Provide all labor, materials and equipment to 4 install concrete sidewalk per detail 4, sheet 1-1.2 SF $3.50 Provide all labor, materials and equipment to 5 excavate playground area, install playground LS $4,500.00 curbing and playground ramp. Provide all labor, materials and equipment for 6 LS $4,300.00 erosion sediment control plan 7 Provide all bonds 1-S $3,300.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 6TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 11 of 15 Project 6003-10397-1 Attachment G HUD — 4010 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Previous editions are obsolete form HUD -4010 (0612009) ref, Handbook 1344.1 Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United Slates of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A-1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid uncondivonally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFA 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rale specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rales conformed under 29 CFR 5.5(a){i){If) and the Davis -Bacon paster (WH -1321) shall be posted at all limes by the contractor and its subcontractors at the site of the work In a prominent and accessible, place where it can be easily seen by the workers. (II) (a) Any class of laborers or mechanics which is not listed in the wage determination and which Is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been mel: (1) The work to be performed by the classification requested Is not performed by a classification In the wage determination; and (2) The classification Is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, hears a reasonable relationship to the wage rales contained in the wage determination. (b),If the contractor and the laborers and mechanics to be employed in the cfassiflcatlon (if known), or their representatives, and HUD or its designee agree on the classilication and wage rate (Including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or Its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215.0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rale (including the amount designated for fringe benefits, where appropriate), HUD or Its designee shall refer the questions. Including the views of all Interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time Is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215.0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(if)(b) or (c) of this paragraph, shall be paid to all workers performing work In the classification under this contract from the first day on which work Is performed in the classification. (I11) Whenever the minimum wage rate prescrlbed in the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon Its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withhold from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract in the event of lafure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 12 of 15 Project 6003-10397-1 the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or Its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basin records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rales of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever The Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated In providing benefits under a plan or program described in Section t(b)(2)(B) of the Davls�Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated In writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred In providing such benefits. Contractors employing apprentices or trainees under approved programs shall malnialn written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 12150140 and 1215-0017.) (11) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency Is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and. completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(1) except that full social security numbers and home addresses shall not be included on weekly transmittals; Instead the payrolls shall only need to Include an Individually identifying number for each employee (e.g., the Iasi four digits of the employee's social security number). The required weekly payroll information may be submitted In any farm desired. Optional Form WH -347 Is available for this purpose from the Wage and Hour Division Web site at htlpl/www.dol.govles&Whdlforms/Wh347insfr him or Its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or Its designee if the agency is a party to the contract, but It the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It Is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD arils designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the Information required to be provided under 29 GFR 5.5 (a)(3)(il), the appropriate Information is being maintained under 29 CFR 5.5(a)(3)(I), and that such information is correct and complete;(2) That each laborer or mechanic (Including each helper, apprentice, and tralnee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set forth In 29 CFR Part 3; (3) That each laborer or mechanic has been paid not lass than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified In the applicable wage determination Incorporated into the contract. (c) The weekly submission of a properly executed cerfilication set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the °Statement of Compliance" required by subparagraph A.3.(11)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (III) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to Interview employees during working hours on the job. If the contractor or subcontractor falls to submit the required records or to make them available, HUD or Its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. apprentices and Trainees. (1) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered In a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or If a person is employed In his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who Is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a Slate Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprenice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as slated above, shall be paid not less than the applicable wage rate on the wage determination for the classlficallon of work actually performed. In addition, any apprentice performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate an the wage determination for the work actually performed, Where a contractor is performing construction on a project in a locality other than that in which Its program is registered, the ratios and wage rates (expressed In percentages of the journeyman's hourly rate] :speclfled in the contractor's or subcontraclor's registered program shall be observed. Every apprentice must be paid at not less than the rate specilied in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 13 of 15 Project 6003.10397-1 does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a Stale Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at fess than the applicable predetermined rale for the work performed unfit an acceptable program Is approved. (ll) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rale specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (III) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR: Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to Include these clauses.in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5,5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause Include disputes between the contractor (or any of its subcontractors) and HUD or Its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm Is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24, (ti) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participale in HUD programs pursuant to 24 CFR Part 24- (111) The penally for making false statements Is prescribed In the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both" 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or In any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any proceeding or has testified or is about to testify In any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used In this paragraph, the terms "laborers" and "mechanics" Include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or Involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work In excess of 40 hours In such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United Slates (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each Individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally - 8TH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 14 of 15 Project 6003-10397-1 assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall Insert In any subcontracts the clauses set forth In subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth In subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,1300. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contraclor shall comply with all regulations Issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 USC 3701 et seq. (3) The contractor shall Include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete. Form HUD -4010 (06-2009) ref. Handbook 1344.1 BTH STREET PARK RESTROOM AND PLAYGROUND - REBID - CONSTRUCTION page 15 of 15 Project 6003-10397-1 a M ei g 0. 05 o~o w H w 0 w H � � J W O m ❑ m LU g 0. 05 o~o #AIA Document A312TM .2010 Performance Bond CONTRACTOR: (Name, legal status and address) Briton, Inc. 2345 E. White Hawk Meridian, ID 83646 OWNER: (Name, legal stales and address) City of Meridian 33 E Broadway Meridlan, Idaho 83642 CONSTRUCTION CONTRACT Date: August t ? , 2013 Amount: $131,228.50 SURETY: (Name, legal status and principal place of business) Developers Surety and Indemnity Company Five Centerpointe, Suite 530 Lake Oswego, OR 97035 Description: (Name and location) 8th Street Park Restroom and Playground - Rebld- Construction Project # 6003-10397-1 BOND , Date: August , 2013 (Not earlier than Construction Contract Dale) Amount: $131,228.50 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Bricon, Inc. Developers Surety and Indemnity,96mpany Signature: Signatur . Name Herb Brice, Vice President Name Ka I Ahter, Aho ey-In-Fact and Title: and Title: (Any additional signatures appear on the last page of this Perfor (FOR 1NFORMA770N ONLY-- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party:) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 Bond No. 754607P r,�s This document hes Important legal consequences. Consultatlon with an attorney Is encouraged wtlh respect to its completion or modlflcatlan. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This Is not a aingle combined Performance and Payment Bond. Intl. AIA Doaurneat A712"'-2610. The Amadean Instlhide of Archlucfa. 081110 § 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. § 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. § 10 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. InIL AIA document A312M —2010. Tile Amedcen InatItutn of Aichaecte. AIA. Document A312 TM .2010 Payment Bond CONTRACTOR: (Name, legal status and address) Bricon, Inc. 2345 E. White Hawk Meridian, ID 83646 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Meridian, Idaho 83642 CONSTRUCTION COfRACT Date: August !r, , 2013 Amount: $131,228.50 SURETY: (Name, legal status and principal place of business) Developers Surety and Indemnity Company Five Centerpolnte, Suite 530 Lake Oswego, OR 97035 Description: 8th Street Park Restroom and Playground -Rebid- Construction (Name and location) Project # 6003-10397-1 BOND Date: August , 2013 (Not earlier than Construction Contract Date) Amount: $131,226.50 Modifications to this Bond: ® None C3 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Bricon, Inc.J Developers Surety nd Indemnity Car. Signature: _ `;y�f"-�` Signatur . Name 'Herb Brice, Vice President Name Karyl RI rnd)' ttorne l and Title: and Title: (Any additional signatures appear on the last page of this P men (FORINFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party:) 5605 Overland Rd. Boise, ID 83705 Phone (208) 3454177 Fax (208) 384-1677 InfiL AIA DoeummntA3171"-20% The Amedcan fnaUtute of ArchKwta. Bond No. 754607P As This document has Important legal consequences. Consullailon with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shell be coneldered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one fann. Thls is not a single combined Perfornance and Payment Bond. Will@ 6 §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. § 11 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 suitor 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 famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and 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 fumished as of the date of the Claim. § 16.2 Clalmant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to 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 famished. § 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. tnEt. AIA Document A3121" —2010. The Amedcan Inatllute of Architects. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint ***Karyl A. Richter, Janet K. Holthaus, jointly or severally' as their true and lawfulAtlomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting undo saldAltomey(s}in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substlution and revocation, and all of the acts of Bald Adorney(s)-in-Facl, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolullons adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power ofAltomey, qualifying the altorney(s) named In the Power ofAtlorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that [he signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating [hereto by facsimile, and any such Power ofAttomey or certificate hearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contraclof suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and affested by their respective Secretary orAssfstani Secretary this May 23, 2013. BY • t� ANI) I� MPAN Y Daniel Young, Senior Vice-president......... ,O �pHpp O� y a ars �fl q� =ai OCT. 5� = F f 10 z OCT.5 By. regg N, 0 rce-President 19 3 6 r; bQ - D n 1967 --.��*''•• .low a,,..��s,,`: 2 9<1xoa���'�� Slate of California County of Orange On Mav 23, 2013 before me, Gina L Garner, Nolary Public Dale Here Insert Name and Title of the Officer personally appeared _ Daniel Young and Gregg N, Okura Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose hame(s) Islare subscribed to the within Instrument and acknowledged to me that helsheAhey executed the same in hisAherltheir authorized capecity(ias), and That by his/herhheir signelure(s) on the Instrument the person(s), or the entity upon behalf of GINA L. GARNER which the person(s) acted, executed the Instrument. COMM. # 2021213 NOTARY PUBLIC CAL IFO MIA I ceriily under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph Is ORANQE COLWN true and correct. My carnm. expires Mey 16.2017 WITNESS my hand and official seal ` e &Vn64- Place Notary Seal Above Signature 6?t4 Gina L. Gamer, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of AvSp-t- By; —� Mark J. Lansdon, Assistant Secretary ID-1380(Rev,05113) V of ioi aura F : JLO rat rAA y,,lr uuutouuua ACERTIFICATE OF LIABILITY INSURANCE 8/1320/3 ' 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, F-XTUND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(% AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the cartlllcate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer lights to the certificate holder In lieu of such endorsement(s). PRODUCER Iruhriman Insurance Agency IAO PO Box 140059 9603 IR Chinden Blvd Boise ID 83714 INSURED Bricon Inc 2000 Z Paradise Lane Meridian ID 83642 COECT Jo Colombo P DNE , (208) 3273400. (200)327-3462 JoGfuh imanins.00m INSURER 6 AFFORDING COVERAGE NMC S IMURERA :Stat O Insurance rUnd 36102 INSURERS: INSURERC: INOURERD: INSURER E : 1 INSURERF: r-ntrooecrs CERTIFICATE NUMBER -12-13 WC REVISION NUMBER: vTHIS,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 CONTRACT OR 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. INSRI ILTR TYPE OF INSURANCE SUERPO POLICY NUMBER ICIYYYY N POLICY LIMITS CENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [__1 OCCUR EACH OCCURRENCE ; PREMISES a occurrence $ MED EXP IAM Dns son) $ PERSONAL d ADV INJURY ; GENERAL AGGREGATE S .ENL AGGREGATE LIMIT APPLIES PER POLICY PRO• LOC PRODUCTS- COMPIOP AGG ; ; AUTOMOBILE LIABILITY ANY AUTO ALLNEO hUTOSULED HIRED AUTOS HAUTOSED Ee eccN ent LI BODILY INJURY (Per person) $ BOOILY INJURY (Per accident) S AGE ereecldeel ; ; UMBRELLA LIAR EXCESS LIAO OCR CLAIMSMADE EACH OCCURRENCE ; AGGREGATE ; D® RETENTION s $ ZL WORKERS COMPENSATIONVICITORYSTATU• EMPLOYERS' LIABILITY ORMARTNERICUTIVE YIN ANY PROPRIETF� OFFICEROvFEREXCLUDED? F-1 MB [Mandatory In NH] OEnRiR seribM pF OPERATIONSbelaw NIA 18736 0/1/2012 0/1/2013 OTR AND EL EACIHACCIDENT ; 100,000 EL DISEASE -EA EMPLOYE ; 100,000 E L DISEASE- POLICY LIMIT ; 500,000 DESCRPT)DNOFOPERA71ONSILOCATIONSIVEHICL.ES(AtrechACORD10i,Ad"onslRemitosSchedu)e,ifmore space Isrequired) PZF:8th Street Park Restroom and Playground - MM - Construotion to be loonted at 2235 NW 8th Street, Meridian, Idaho 887-48.3 City of Mexidian ATM: Purchasing Department 33 Z. Broadway Ave, Ste 106 Meridian, ID 83642 ACORD 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Colombo/CWARD <:� Q 1888-2010ACORD CORPORATION. All rights reserved, INS023 (201005) 01 The ACORD name and logo are reglstered marks of ACDRP Law VVU&1UVUL 12? a CERTIFICATE OF LIABILITY INSURANCE 8/13/2013 ' THIS CER'T'IFICATE 15 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 pollcy(les) 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 certlRcate does not confer rights to the certificate holder In lieu of such endaTsement s . PRODUCER 3'uhriman Insurance Agency IIIC PO Box 140059 9603 W Chindan Blvd Boise 7a 83714 NA E: Jo Colombo ONEFAr Noj4. (208)327-3400 N ; (200)327-3462 9-.jo@fuhrimanins.com INSURENS) AFFORDING COVERAGE NAICA INSURERA Auto -Owners Xnsuranee A8988 INSURED Bricon Ina 2000 E Paradise; Lane Meridian 33) 83642 INSURERS: INSURERC: INSURERD: ENSURERS: URERF: COVERAGES CERTIFICATE NUMBER:13-14 GL/Auto 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, TERAS OR CONDITION OF ANY CONTRACT OR 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. TYPE OF INSURANCE POLICY NUMBER MMI FP Mm %P i LIMITS A GENERALLW61LITY X COMMERCIAL GENERAL LIABILITY CLWMSMADE ®OCCUR X 57525403 /1/2013 /1/2014 EACH OCCURRENCE ; 1,000,000 FNtFD MiSES Ea occurrencol ; s0, 000 MED EXP Ifty one arson) ; 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE ; 2,000,000 GENL AGGREGATE LIMIT APPLIES PER X POLICY PRO LOC PRODUCTS- COMPfOP AGG 11 2,000,000, $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS NON•OWNED X HIRED AUTOS X AUTOS 85254030D /1/2013 /1/2014 Ea weldenl S 1.000,000 BODILY INJURY {Per person) $ BODILY INJURY IPereceldenl) ; AM Per ec I nl Medical payments ; FJ 000 UMBRELLA LIAB EXCEOSLIAB OCCUR CLAIMSMADE EACH OCCURRENCE ; AGGREGATE ; Dm I I RETWn ON yyORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERADECUTIVE 0 OFFICERIMEMBER EXCLUDED? IMandelory In NH) Ifs. describe under DESCRIPTION OF OPERATIONS below NIA T YSTA �Tf TH• S ER E L EACH ACCIDENT S E L DISEASE- EA EMPLOYE ; E L DISEASE- POLICY LIMIT ; DESCRIPTION OF OPERATIONS ILOCATIONS IVEHICLE8{AtkacpACORD ID1,AddlUonslRelnarke9ohadule,IfMore spaceIII raqulred) - REP: 8th Street Park Restroom and Playground - REBID - Construction to be located at 2235 NW 8th Street, Meridian, Idaho The City of Meridian is listed as Additional Insured. 67-4813 City of Meridian ATTN: Purchasing Department 33 E. Broadway Ave, Ste 106 Meridian, ID 63642 Arnen Or 11ininlnas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B$ CANCELLED BEFORE THE EXPIRATION DATE THEREOF, HOTICS WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISION 8. AUTHORIZED REPRESENTATIVE Colombo/CWARU r 14 9988-2010 ACORD CORPORATION. All rlahts reserved. INSD251201005101 The ACORD name and logo are regletered marks of ACORD Contraclor " Search f PERMITS LICENSE PUBLIC WORKS VIpLATIONS ELEVATORS Company Name License Number Worts Category(s) License Tyne Lice BriCon,Inc. PWC -C-11823 00003,02855,02740,03300,03200,02220,02310 3,4 AA First Prov i Page; i of { Next [Las -ii, I Details - License Number: PWC -C-11823 - I Registration#: PWC -C•11823 Issue: 3126/2013 Expire: 313112014 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Comp/Name: BriCon, Inc. Addressf: 2345 E. While Hawk City, State, Zip: MERIDIAN. ID 83646 Phone: (208) 888-3746 Cell: (208) 869.4827 Pager: Fax: (208)884-3087 Owner Name: tame I JJCOINTAlJCT US Ao-se2d6y �r'�f��SY57F,Ar5 https:l/data.dbs.idaho.gov/etrakit2/Idaho PublicWorksSearchRslts.aspx 8/9/2013 IDAHO SECRETARY OF STATE Viewing Business Entity L ur,\, 1 V1 1 Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for BRICON INC. ] BRICONr INC. 2345 E WHITE HAWK MERIDIAN, ID 83646 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 06 Jun 2013 State of Origin: IDAHO Date of 20 Aug 2007 Origination/Authorization: Initial Registered Agent: MARK BRICE 2345 E WHITE HAWK MERIDIAN, ID 83646 Organizational ID / Filing C174619 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 04 Jul 2012 Original Filing: [ Helo Me Print/View TIFF ] Filed 20 Aug 2007 INCORPORATION View Image PDF format View Image TIFF format Amendments: [ Helo Me Print View TIFF ] Amendment Filed 17 Nov REINSTATEMENT View Image fPQF format View 2011 Image (TIFF format) Annual Reports: [ Help Me PrintZView TIFF ] Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 REINSTATEMENT View Image PDF format View Image (TIFF format) Report for year 2010 ANNUAL View Image PDF format) View REPORT Image (TIFF format Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Ima a PDF format View REPORT Image (TIFF format) Idaho Secretary of State's Main Pae State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo sos.idaho. ov http://www.accessidaho.org/public/sos/corp/C 174619.html 8/9/2013 4J N O Pr m W d H v V H U k" H 0 0 .J k E -r b m V Ol O a cli o 43 M u v x m ° a a � ' r o N IC Ln O '-1 a o N � W U! m .`j 41 ti w Uy N W O y 0 v u do dP de rM ag d° d^ O 4 O O QO CO m O G o O H r-1 H O Q Q O N N N H M LD N �� l0 LO ID H .0 N ri G7 C',00 v v ! I` ry a a �v l �1no o im; r+ w o �o ni I N r uu In LO N N� N N m MI f'1 M 0 0 1 O I Q O O M O M M r] O O 10 O lo, 10 %O M M r1 m w w w w v� w• w w qa '} m o N y ri O 0 m � H N Rr a i4 m N N u] U L W 111 4J L m 1 P rda F4 W N m aA m wq U o 2 a •H o H NO sJ lA is 7aC PWG r-1 m ?.� ,CIP w W m a o w H a E [u y'dy ril rd F R r a m r1 r] CD a M d' o a O O O O fn O ri M %O O1 A 0 o m m m w tn o o m; rl m o q o n Ln, Ln �n i 4J •r{ o ao' m m rq ,q a 'a m i I r. o 1 I NI Ln tn o rl in a m I q ori m` w o0 •.+ oo m? m m a q M rl o o rn! m m 7 E P„ r� fn roi fA r1 I ri r� ri �a e I j Ln i Ln o m m; rel m a O ri r4 H ra Y+ o o' 0 0 } 1 0 0; 0 0 m f�aHJl 0 o OI o 0 .>� N O O 91 p O O O OI' O 0 op� p O rn inN m m rl ri PQ V a Oo a s♦ y� 43 N 4I } m a rJ JLJ OD la a v r; cn a qp 5, q 5C w 4.) p .�Ir= aui U H 14 J34 EQ CJ L H [4 U A F r m "i o 0 o d o 0 N iG %D 01 A