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.
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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
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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
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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
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IDAHO
SEAL
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Purchasing Approval P<<sa TR,p
BY:
K A , PurdNasing Manager
Dated: 1-4- 3
BY'/I1�� `k-
STEWSI DOV!►AY, Perles &_ Director
Dated::
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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
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#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
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