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Construction Contract to JC Constructors Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Emily Skoro Date: 12/16/2016 Re: January 3 rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 3 rd City Council Agenda under a Public Works Department Report for Council’s consideration. Award of Bid and Approval of Construction Contract to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $35,565,000.00. Recommended Council Action: Award of Bid and Approval of Contract to JC Constructors, Inc. for the Not-To-Exceed amount of $35,565,000.00 and authority to expend $9,500,000.00 in fiscal year 2017. Thank you for your consideration. City of Meridian Purchasing Dept. E IDIAN*,,-..---.,, Public IDAHO Works Department TO: Keith Watts FROM: Emily Skoro Staff Engineer II DATE: 12/5/2016 Mayor Tammy de Weerd City Council Memberft Charlie Rountree Keith Bird Joe Borton Lube Cavener Genesis Milam David Zaremba SUBJECT: WRRF CAPACITY EXPANSION CONSTRUCTION PROJECT; CONSTRUCTION CONTRACT 10601D WITH JC CONSTRUCTORS FOR AN AMOUNT NOT TO EXCEED $35,565,000.00. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II 489-0356 Clint Dolsby, Assistant to City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Interim PW Director 985-1257 II. DESCRIPTION A. Background Council approved the final phase of the Liquid Stream Capacity Expansion design project in January of 2016. The project will allow that the WRRF to meet future capacity demands as the City continues to grow, as well as completing the first phase of upgrades required to meet the new regulations set forth in our NPDES permit. B. Proposed Project The construction project is necessary to increase plant capacity to accommodate future growth and maintain compliance of the current NPDES permit. The existing Wastewater Resource Recovery Facility does not have the capacity to meet the proposed effluent targets in the NPDES permit. The construction project includes: • Site improvements, access, grading and utilities • Primary clarifier nos. 5 and 6 • Primary sludge/scum pump station • Aeration basin no. 5 thru 8 and associated mixed liquor conveyance channels • Secondary clarifier splitter box Page 1 of 3 • Secondary clarifier nos. 6 and 7 • RAS transfer pump station • RAS/WAS channel no. 2 and associate RAS/WAS pump station • Aeration blowers building no. 2 • Chemical addition building no. 2 • Expansion of the facility instrumentation and control system III. IMPACT A. Fiscal Impacts The project is under the WRRF Capacity Upgrades enhancement. The enhancement value is currently $44,479,699.00 for FY 15, 16, 17, 18, and 19. The enhancement value for FY17 is $11,335,000. B. Project Costs: ---------------------------------------,------------------------------- Fiscal Year 2017 -----------------------------, Account Code / Co_d_es Costs Construction Contract 60-3590-96151 - $9,500,000.00 Engineering Services During 60-3590-96151 --- $491,259.00 Construction ----------------------------------------------------------------------------------------------------- Special Inspection 60-3590-96151 $333,107.00 Survey Staking; 60-3590_-96151 $16,500.00 ----------------------------------------- Total ------------------------------- ------------------------------ $10,340,866.00 ------------------------------------------------------------------------------------------------------- Fiscal Year 2018 ---------- Construction Contract; ------------------------------ ------ 60-3590-96151 ------------------------ ------- $18,000,000.00 -- ------, Engineering Services During 60-3590-96151 $587,569.00 Construction ----------------------------------------------------------------------------------------------------a Programming (estimated) 60-3590-96151 -------------------------------- $500,000.00 PLC Hardware (estimated) --------------------------------------------------------------------------------------------------------- ------------------------------- 60-3590-96151 $325,000.00 ----------------------------------------- Total$19,412,569.00 ------------------------------------------------ - ----------------------------------------- Fiscal Year 2019 ------------------------------------------------------------ - - - ------------------- Construction Contract_ ------------------------------'----------------------------- 60-3590-96151 ; $8,065- 000.00 Engineering Services During ------------------------- --- 60-3590-96151 $384,407.00 Construction -------------------------------------------------------' Programming (estimated) ----------------------------; 60-3590-96151 $750- 000.00 --------------------- -------------------------------------------------------------------------------- - - - - ---- --------------------------------------- Total ; --:---------------- $9,199,407.00 ------------ Total Project Cost; $38,952,842.00 ------------------------------------------------------- Page 2 of 3 C. Available Project Funding '--- ----------------------------- ,---------------------------- ----- --- --------------------------------- � Fiscal � /�uoonz�Code /(�odoo �__----_------------------ ------------------------------------- �/�lIJ � 35q0 -q615} / $444,699. 00 ---_------_--_--''------------__---^-_----------,-_---. |F}16 | 3590-96151$ 2,900,000.00 �________________+__-----_---_-----�-----_-----''--_--� �F}717 3590-96151 $11,335,000.00 c� |----------------�-----------------�-------'����_----- �Fy78� 3500-46l5] � ��,00000� ^----_-__------_^-----_--------_.^.._--_-_--'-------. �J�}��> � 3���-V�/�l � ��[}��`� ----__-------_--__----__--_---_----------_-__---- � Tota] Funding J 69900: D. Alternatives The City could choose not to approve the construction noobuot and not move forward with the project. E. Time Constraints Because time is of the essence, not moving forward with this ooDahnutiou contract may impact the (9fv"u ability to eonozoozodu±e future growth and ability tomeet the proposed effluent targets iothe NPTJES permit. . Departmental -_--_'-pp--v--. Page 3 of 3 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: Payment and Performance Bonds Received (Date): Rating: A+ Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $35,565,000 Emily Skoro If yes, has policy been purchased? Jim Cox/JC Constructors III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3590 96151 10601 TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) The Public Works Department went through a pre-qualification process prior to the Capacity Expansion project going out to bid. The City reviewed eight applications. Six of the eight applications were pre-qualified to bid the project. The bid information was sent out to all six qualified bidders and five of the contractors submitted bids. The low bid was JC Constructors. Three of the bids were very close ranging from $35,565,000-$36,012,000. The other bids were $38,646,962 and $39,652,000. 12/23/2016 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 12/7/2016 December 29, 2016 I. PROJECT INFORMATION $11,335,000 12/5/2016 Public Works Dept WRRF Liquid Stream Capacity Expansion V. BASIS OF AWARD 11/4/2016 November 21, 2016 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION This contract will be split over 3 fiscal years. N/A N/Aq N/A N/A Goodstanding 14336-u-1,2,3 6/30/2017 BI D R E S U L T S BI D N A M E : W R R F L I Q U I D S T R E A M C A P A C I T Y E X P A N S I O N S i g n e d A d d e n d u m 1 A d d e n d u m # 2 A d d e n d u m # 3 A d d e n d u m # 4 A d d e n d u m # 5 A d d e n d u m # 6 B i d B o n d L i c # S u b s X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X At t e s t : S a n d r a R a m i e r z $3 6 , 0 1 2 , 0 0 0 . 0 0 $3 8 , 6 4 6 , 9 6 2 . 0 0 $3 9 , 6 5 2 , 0 0 0 . 0 0 $3 5 , 6 0 4 , 7 0 0 . 0 0 JC C O N S T R U C T O R S VE N D O R AR C H E R W E S T E R N C O N S T R U C T I O N $3 5 , 5 6 5 , 0 0 0 . 0 0 Op e n e d b y : K e i t h W a t t s RS C I MC A L V A I N C O N S T R U C T I O N BI D N U M B E R : P W - 1 6 5 5 - 1 0 6 0 1 . D DU E D A T E & T I M E : N O V E M B E R 4 , 2 0 1 6 2 : 3 0 TO T A L B I D A M O U N T TH E E W I N G C O M P A N Y CONTRACT FOR PUBLIC WORKS CONSTRUCTION WRRF LIQUID STREA['I CAPACITY EXPANSION - CONSTRUCTION PROJECT # 10601.D THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 3'd day of January, 2017. and enlered into by and between the City of Meridian. a municapal corporation organized under the laws of the State of ldaho, hereinafter referred to as "ClTY", 33 East Broadway Avenue, Meridian, ldaho 83642, and JC Constructors. lnc.. 130 5E Columbia. Road. meridian. lD 83642 and whose Public Works Contractor License # is PWC-C-14336-U. 1. 2. 3. 5 INTRODUCTION Whereas, the City has a need for services involving Waste Water Treafnent FaciliW 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 1. Scope of Wort: 1.1 CONTRACTOR shall perform and fumish to fre City upon execution of this Contract and receipt of the City's written notice to proceed, all services and wotk. and comply in all respecis. as specifred an the docurnent titled'Scope of Work'a copy of whrch rs attached hereto as Exhibit "A" and ,ncorporated herein by this reference. together with any amendments that may be agreed to in writing by the partbs. 1 2 Arl doqfiEnts. drilings and written wolk produc, prepared or produced by the Contrdor under this Agreement. induding withdrt hmrtation elecfonic data files. are the property of the Contrador. prwded. horvener. the City shall have the nght to reproduce. publsh a]id use all such work. or any part thereof. in any manner and for any purposes whatsoever and to authorize others to do so, It any such work is copyrghtabb. the Confrador may copyrfht the sarne" except that 6 to any rcfi whki s copyrighted by the Contractor, the Crty reserves a royalty-fiee" nofl-exclusive. and irrevocabb license !o repaoduce" publb:h and use such rrork. or any pad lhereof" and to authorize others to do so, 1-3 The Contractor shall prwile sewiEs ard wort under thb Agreetneil consasted wifh the requ-eilEnts and standads est*rlshed by appfcabb federal. I,RRF l-nrro SIREAI C"^PrcnY EpAlgO - COiEIRIJCIXXI HE I d 15 rylo60lO hereinafter referred to as "CONTRACTOR", whose business address is state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effecl at the time of performance of this Agreement. Except for that representation and any representalions made or contained in any proposal submitted by the Contractor and any reports or opinrons 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 reguest 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 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitbd to receive from the City any additirnal consileration, compensation" salary" lyages. or other type ol remuneration tor sewbes rendercd under thh Agreernent induding, but not limited to. meab. lodging, transpodatirn, draurings, renderings or mockups- Specifically, Contrador shall not be entitled by vidue of thb Agteement to consideration rn the form of overtime. heafth insurance benefits. retirernent benefits. pairi holidays or other pait baves of absence of any type or kind wfia@ver |I,RRF r*ouo srRE r CTP OTY EXPANS(I{ ' COirSrRuCrX)l. ProFcl l(Em D Funding: Funding for thb prcried will be split betrreen lfiree frscal yeas, 2O17 (Oct' 2016 - sept ,017) $9,500,000 OO. 2018 (Oct- 2017 - Sept- 2018) esltm4{ -1t $1A.om.Ood oO and 2019 (M- 2018 - Sept- 2019) estimated at $8.065'000'00 The amonnts estmated beyond the 2o17 fr{El)yan haue not yet been appropdated by the City, Contractor may fOf e:Qend more than the amount specified and airproveO ior a specific fiscal year 4'ry and a[ addilixral e$endilures bryond the D4e?d15 2.1 The Contraclor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" atlached hereto and by reference made a part hereof for the NofTo-Exceed amount of Xl5E05.1@lXl, 2.2 The Contraclor shall provide the City with a monthly statement and supporting invoices, as the $/ork warrants, of fees eamed and costs incuned for services provirJed during the billing period, which the City will pay wilhin 30 days ol receipt of a conect invoice and approval by the City. The Crty will not withhold any Federal or Stale income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditbns of this Agreement. Payment of all taxes and other assessments on sucft sums is the sole responsibility of Conlrac{or. 3. current fiscal year MUST be approved by City Council and memorialized by a written amendment or change order to this Agreement. 4.Term: 4.1 This agreement shall become effective upon execution by both parties. and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 4.2 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 lo Contractor. 5. Liquidated Damages: There are 10 milestones stated in the Milestone/Payment Schedule. Contraclor shall be liable to the City for any delay for Milestones 1-8 beyond the stated time period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such payrnent shall be constnEd to b€ liquidated damages by th€ Contractor in lieu of any claim or damage because of such delay and nol be construed as a penalty. Substantial Compbtion shall be accomplished within 854 (eight hundred frfty four) calendar days from Notice to Proceed This propct shall b€ considered Substantially Complete rvhen the Orner has full and unrestricted use and benefit of the facililbs. both ftom an operational and safety standpoint. and only minor incidental work, correciions or repairs remain for the physical completion of the total contIad. Conraclor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (fwe hurdred dollars) per calendar day. Such payrnent shall be construed to be ltqutdated damages by the Contrac{or in lieu of any daim or danrage because of sucfr delay and not be construed as a penatty. Upon receipt of a Notbe to Proceed. the Contraclor shall have 896 (e(ht hundred nrrEty six) cabrdar dals to compbte the wott( as described herern. Contraclor shall be liable to the City for any delay beyord thb time pericd in the amount of 5500-00 (firre hundred dollars) pet abtrdat day. Sudl payrnent sttall be cocstued to be lqurdated clamages by the Contractor in lhr of any daim or damage because oI sucfi delay and not be constn ed as a penalty- See Milestones listed in the Paymenl Schedub for Substantial Completion. WRRF UO{J{) STREAII C P cIrY A r(Io{ - coi.srRt cro Ptord t(Hh D pqE 3 of t5 4.3 Should Crty fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's oplion, may terminate this Agreement if the failure is not remedied by the Ctty within thirty (30) days from the date payment is due. 6. Termination: 6.1 lf. through any cause, CONTRACTOR. its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such terminataon and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminale this agreement at any time by giving at least sixty (60) days notice to CITY ln 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 iust and equitable compensation for any work satisfactorily complete hereunder. 6.2 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 rts liability to the CITY for damages. 7. lndependentContractor: 7 -1 ln allmatters pertaining to this agreemen! CONTRACTOR shallbe ading as an independent contrac{or, and neither CONTRACTOR nor any officer. employee or agent ol CONTRACTOR wrll be deemed an employee of CITY Except as elgressly proviled in Exhibil A. Contrac{or has no authority ot responsibilrty to exercise any r(1hts or power vested in the City and therefore has no authonty to bind or ancur any oblbation on behalf of the City. The selection and desbnatbn of the p€rsonnel of the CITY in the performance of thb agreernent shall be made by tfre CITY. 7 2 Contraclor. its agents. oficers. and employees are and at all tiTes during the tefm of th6 Agreement shall represent and conduct thernselves as independent contraclors and not as ernpbyees of the City 7 .3 Contrac{or shalldetermine the tnethod. detaib and means of performrng the wort and seruces to be proviJed by Coobactor under ths Agrcernent- Contraclor shail be responsbb to Clty only lor the requirernents and results specified in thb Agreement ard. except as elpressly provir€d in thb Agreernent shall not be sublecred to C,ty's control wittt respect to Ste ph!,sical adbn o. activtties of nnRF uorrD srREAr crP oTV Ep tts(l - cor6lRucnoi{ Plotecl t(Eol D Contractor in fulfillment of this Agreement. lf 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. 8. Sub4ontractors: Contractor shall require that all of its sub-contraclors be licensed per State of ldaho Statute # 54-1901 9. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. lf, in the opinion of the City, an employee of the Contractor as incompetent or disorderly, refuses to perform in ac@rdance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otheMise unsatisfactory, that employee shall be removed from all work under this contracl. 10. lndemnification and lnsurance: '10.1 CONTRACTOR shall indemnify and save and hold harmless CITY and il's elected officials, officers, employees, agents, and volunteers 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 lil(lation costs and attorney's fees, arising out of, resuhing from, or in connection with the performance of this Agreement by the CONTRACTOR. ,ts servants, agents, officers, employees. guests, and business invrtees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain. and soecificallv will maintain thro hout the liabi insurance. in which the CITY shall be named an addition al insured in the minimum amounts as follow: General Liabil ity One Million Dollars (S1.000.000) per incident or mrnence, Automobib Liability lnsurance One Million Dollars (S1.000.000) per incident or occurence and Workers' Compensatbn lnsurance. in the statutory limits as required by law,. The limits of insurance shall not be deemed a limitatbn of the covenants to indemnify and save and hoH harmbss CITY: and il CITY becornes l,able for an amount in excess of the insurance limits, herein provided. CONTRACTOR covenants and agrees to indemnily and save and hold harmless CITY ftom and lor all such kcsses. daims. aclirns. or judgrnents for damages or injury to pe,sons or property and other cosfs. includang latbation costs and attoneys' fees. arsing out of, resulting ftorn or in connection ffth Ote pedormance of this Agreement by the ConFacbr or Contractot's oficers" emplqrs. agents. representatives or subcontractots and resulting in or atlributabb to personal injury. death, or damage or destrudbn to tangibb or intangible property. induding u- of CONTRACTOR shall prwite CITY w$ a Certificate of lnsurance" or other proof of rnsuftlnoe errirenorg CONTRACTOR'S cornpliance witt Ute requirenrents of thb par4mph and file sudt proof of insurance with the CITY at least ten (10) days prior to the date Contactor @ins performance of it's ob&gations under thb Agreement. ln the errcnt the insurance minimums are I\iHRr UOUTID SIREAM CAPACITY EXPAfiTSON - OONSTRI.]G'mO!I pqB 5 o 15 PrqFd 't0601 D changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent wilh a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian. ldaho 83642 10.3 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 deduclibles, self-insured retentions or named insureds, or the Contraclor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 't 0.4 To the extent of the indemnity rn this contract. Contractor's lnsurance 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, officaals, employees and volunteers shall be excess of the Contractor's insurance and shall not conlribute tvith Contraclor's insurance except as to the extent of City's negligence. 10.6 All insuran@ @verages for subcontraclors shall be subject to all of the insurance and indemnity requirements stated herein. 10.7 The limils of insurance described herein shall not limil the liability of the Contractor and Contracior's agents, representatives. employees or subcontraclors. 11. Time is of the Essence: The partres hereto actooflledge and agree that time is stridly of the essence with respecl to each and every term" condilion and provbion hereof. and that the failute to timely perform any of the obLgations hereunder shall conslitute a breach of. and a default under. this Agreement by the party so failing to perfom. 12. Bonds: Paymenl and Perfortnance Bonds are required on all Public Works lmprovement Projects per the ISPWC and *re Crty of Meridxan Supplemental Specifications & Drawings lo the lSPtArC. ufii*! by thb reference are made a part tlereof Contractor is required to fum,sh faithful perfurmance and parrnenl bonds in the amount oI l OO% of tte contract price ssued by surety licens€d to do busaness in trte state of ldaho_ ln the erent rlat the cont"acr b subsequefltly te.minaH for vlRnf {.rlouo STREAa C PACITY ExP XgOa - COlsTRUCnOil Proicd r(Hri D pqe6d15 10.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 10.5 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. failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 13. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspeclion and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the conected work. 14. Changes: 15. Taxes: The Crty of Meridian is exempl from Federal and State taxes and will execute the required exemption ce,tificates for items purchased and used by the Cily- ltems purchased by the Crty and used by a contractor ate subrect to Use Tax, All other taxes are the responsibility of the Contractor and are to be included in the Cofl tractor's 8id pncrng. 16. teridian StormwaterSpecffications: l RRF Lro{-fr) StrREAa CrPlgTV EXPATS(X - CO SrR(,crlo ProrEd 1(tr0l D ,4elo,15 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. Alt construciion projects require eilher a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the Ctty of liteririian Constructbn Stotmwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guilelines can be fourd at this address: htto.//www.meridiancttv.orqlenvtronmental.asDx?id=1 361 8. Confactor sha[ retain all stornwater and erosirn control docurEntatbn geoerated on site during constnlcti)n irduding the SWPPP manual. fuH inspectirm and arEndrnents- Pnor to final acceptance of the Job by the Cfy tp contraclor shall retum the fie{d S:WPPP manual and fieH inspectiron documents to the City for revia. A cornpleted Cont-actor Request to File Prcprr N.O-T. wrth Ole EPA form shall be provirled to the Crty with the docrrments. These doolments shall be relaned. revierved and approved by ttle Ctty p.*x to final acceptance of the prqed. 17. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. '18. Reports and lnformation: 18.'l 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 18.2 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, \pewriting, printing, photo static, photographic and every other means of recording upon any tangib,e thing, any form of communication or representation including letters, words, pictures, sounds or synbols or any combination thereof. 19. Audits and lnspections: At any time during normal business hours and as oten as the CITY may deem necessary. there shall be made availabla to the CITY for examination all of CONTRACTOR'S records with respect to all matters @vered by this Agreement. CONTRACTOR shall permit the CITY to audit. examine, and make excerpts or transcripts frorn such records, and to make audils of all contracts, invoices. materials. payrolls. records of personnel, corditions of employment and other data relating to all matters covered by this Agreement. 20- Publicaton, Reproduction and Uso of Xaterial No materbl produced in sfiob ot in part under thb Agreement shall be subject to copyrEht in the United States or in any other country. The CITY shall have unrestricled aulhority to publish. disclose and otherwbe use. in whob or in pa,t" any reports. data or offrer materials prepared under thts Agreernert- 21. EqualEmploymentOpportunity: ln performing OE wotk herein. Contracior agrees to comply with the provisions of Trtb M and Vlt of Ore CMI Rbhts Ad. Rerenue Shadng Ad T-de 31. U.S. Code Sedton 2176" Specificaly. the Crcntractor agrces nol to disctininate againsil any empbyee or rylicant for employmeni because d re, dr, rdEi:n. sex. natixal orEin, age. polLal affilaatirn. marital stahrs, or handicap. Contractor will take 'tllrRRF LIQUD STREAi, CrP CITY EXPAI'ISO - COTrSIRUCTION pqE 6 oa 15 PrqBcr l(EO1 D affirmative action during employment or training to insure that employees are treated without regard to race, color, religion. sex, national origin, age, politicat affiliation, marital status, or handicap. 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, nalional origin or ancestry, age or disability. 22. Employment of Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attomey's or the opportunity lo seek such advice. 21. Attorney Fees: Should any litigation be commenced belureen the parties hereto concerning this Agreement, the prevailing party shall be entilled, in addilion to any other relief as may be granted, to court cosls and reasonable atlomeys'fees as detetmined by a Court of competent jurisdiclion- This provision shall be deemed lo be a separate contract between the parties and shall survive any detault, termination or forfeiture of this Agreement. 25. ConstructionandSeverability: lf any part of this Agreemenl is held to be invalid or unenforceable. such holding will not affect the valk aty or enforceability of any other part of this Agreetnenl so long as the remainder of the Agreemmt is reasonably capable of completion. Waiver of defauh by either party to this Agreement shall not be deemed lo be waiver of any subsequent default, Walver or breach of any provision of thb Agreement shall not be deemed to be a waiver of any o0er or subs€guent breacfi, and shall not be conslrued to be a modifcaton of the terms of thb Agreemern unkgss this Agreement is modified as provded above 2V - Entire Agreement: Thrs Agreenrent contains trle entire agreement of the parties and $persedes any and all offer agreefiEflts or urderstandirps, oral of nritbn, wfi€trter prcilin s to the exeortbn hereof or coniemporatEoc heraflih. u,RRF Llcl(,lo STREAII CAPACITY Ep r(;lot - Cq!6IRUC Il PtoFd r(Hrt D 26. Waiver of Default: cagle I C '5 28. 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 pnor express written consent of CITY. 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management softrvare. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approvalthat the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released unlil the City has received a tax release from the Tax Commission. 30. Cleanup: Contractor shall keep the rvorksiG clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all lraces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 31. Order of Precedence: The order or precedence shall be the contracl agreement, the lnvitation for Bid document. then the winning bidders submitted bid document. 32. Compliance witt Laws: This Agreement shall be gorremed by and construed and enforced in accordance with the hvs ot the State of ldaho. and the ordinances of the City of Meridian U. l{o6ces: Any and all ndi:es rcquired to be gi\ren by either of the parties hereto, unbss otherwise stated in thb agrcement shall be in wrfiqg and be deemed odnmunicaled when mailed in the Uniled States mail, cettified, etum receipt requested. addressed as fullows: UrRRF LrOU0 STREATII CTP CITY Ep ragoir - coi6rRt crlol{ Protect t(Eol D page 10 .l '5 ln performing the scope of uork required hereunder, CONTRACTOR shall comply with all applicabb laws, ordinances, and codes of Federal, State. and local govemments. 33. Applicabb Law: CITY CONTRACTOR City of Meridian JC CONSTRUCTORS, INC Purchasing Manager Attn: Jim Cox 33 E Broadway Ave 1305 E. Columbia Rd Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-850-1375 Email, jim@jccboise.com Idaho Public Works License # PWC -C -14336-U-1, 2, 3 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 35. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY TAMMY de RD, MAYOR Dated 02Z dol z Approved by Council IZ Attest CJ COL`ES, 01AY CLERK Purchasing Approval i BY KEITH WATTS Purchasing Manager JC CONSTRUCTORS, INC. JIM COX O NER Dated: f 27- 7 v CY) L 7 u� o >a NEASI/� ent A V I BY-, _- WARREN STE ART, City Engineer Dated %/ c� Dated I ?_L1 7 / ! Project Manager E*rrit,j S k o r o r*RR:F LIQUID STREAM CAPAW9 Y EXPANSKM - C0NSTRL)C'n0N page T t U4 15 Frorea 19W1 D SCOPE OF WORK REFER TO INVITATION TO BID PW.1655-10601.D ALL ADDENDUMS, ATTACHi,IENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-1555-10601.D, and the attached Line Item Price Schedule (Exhibit C) are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK Tecfrnical Specifications and Drawings by Brown & Caldwell dated August 2016 o Volume 1 (518 pagEs) o Volrne 2 (370 pagps)o VolrnE 3 (438 pages) o Votume 4 (474 pages)o Vol,rne 5 (3r2 page)o Volrrp 6 (168 peges)o Volrme 7 (16{ pages)o Volnne I (2G) pageslo Vobme 9 (111 peges) IIIRR,F LI(lt.,lD STREAII CAPACITY EPA'{SIO{ . CON6IRI'CI(XT Prored t(ml D We12d15 EXHIBIT A All construction wofu shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meidian Supplemental Specifications to the .SH4/C @nd any Addendums). See separate attached documents: Total and complete compensation for this Agreement shall not exceed $3s.565,000.00. Preliminary Schedule of Values, Schedule of Submittals and Construction Schedule Orner-Accepted Schedule of Values, Schedule of Submittals and Construction Schedule Approval of Key Submittals A Mileslone l tone 2 7 Days prior to Preconstruction Meeting 28 Days from Nolice to Proceed 36zl Days from Notice to Proceed MILESTONE DATES/SCHEDULE Milestone 4 Approval of Balance of Submittals 546 Days from Notice to Proceed Milestone 5 Approval of Operation & Maintenance Manual Submittal 700 Days ftom Notice to Proceed Milestone 6 784 Days from Notice to Proceed Existing Liquid Stream lnterconneclions Fully Tested and Commissioned 826 Days from Notice to Proceed Milestone g Approval of Project Record Documents and Drawings &40 Days from Notice to Proceed Milestone 9 Substantial Completion Final Compbtion 896 Days from Notice to Proceed Contract rndudes fumbhing all labor. materiab, eguipment, and incitentab as requrred for the WRRF LIOUID STREAM CAPACITY EXPANSION per IFB PW-165t10601.D NOT TO EXCEEO CONTRACT TOTAL s35S6qQ,09-00 Contract b a nd to erc.Gd .mount UnG afem praing bdor will bc usGd for &rvoke verificatirn and any rddilbo.l incrGs.a o. dacrrac€s h uort rqrrcstcd b, cly. ThG Caty lif pry llle coolrecfor based on .cttal o, each item ot work in accordance wilh lhe comract documeols. Contract Schedule Unit Unil Price PRIClNG SCHEDULE FgE 13 d r5 Exhibit B MILESTONE / PAYMENT SCHEDULE Nar Liquid Stream Facilities and Equipment Fully Tested and Commissioned 854 Days from Notice to Proceed IYRRf T]QI,D SIREAT' CAPIOTY EXPAT'SO - @iTSTRUCTKTI Protecl t(Eot O Milestone 3 Milestone 7 Milestone 10 OuantitYtfern iao- DcscriCirr 2 3 Pnma Clanfier 5 12 13 $,RRF t OUrD STREAI C P CfTY EXPA,{S|O{ - OOr!(;rR[.EnO Protecr r(Elr O L LS s 1,250,000 Pnmary Clarlfier 6 1 LS s 1,250,000 4 P marv Sludqe Pump Statron 1 LS L5 s1,350,000 5 AeratDn Blower Building 2 I s3.300,m0 6 Aeratror Basrns 5-8 1 AeratDn Basins 9-12 Channel I t5 s6,920,000 1 LS s490,000 Chemcal Feed Buildrnq 2 s 1,4 25,0O0 9 Secondary Clanfi er Splitter Structure 5760,000 10 Secondary Clarifier 6 51.465,0O0 11 Secondary Clanfier 7 s1,495,000 RAS Transfer Staton 1 ts s1.340,@0 RAS&VAS Staton 2 1 ts s3,760,000 pqe Ia d 15 ]-- 1]ts 11l.s llls r|ts EXHIBIT C LINE ITEM PRICE SCHEDULE The following Line ltem Schedule of Values may updated by written contract amendmenl if mutually agreeable to both parties. IYRRF LIOUD STREA' CTPACITY ETPA S|oX . COIi6TRT,CNO' ProFd 1@r O pqE 15.4 15 EXHIBIT C LINE ITEM PRICE SCHEDULE WRRF LIQUID STREAM CAPACITYI EXPANSION BtoNUMBER PW-1655-10501.D TO BE COMPLETED AY THE APARENT LOW BIDDER ONLY UIIE ITEI PRICE SCI{EDI LE UNIT PRIC€rTEM oSscRrPrro{ Gc.crar Co.d.iooi r Rcqld€mcnB rS !S 3 Sbrm !toaler Poriulfir P,e6ton Plin !S $23 &0 Slrb .ed Consaucno. Enlranc€EA s5 0oo s10 000 6 !'bc. 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Co.ndlon n Pla :sl VaJt - Slu'd.r{ Dc'{r C0010 It s6; aoa EEyat Sdt d.i. - Cd I Fll r €-ro6. O6porrl iff Gra.ll9 &}S&CY .J Slo.rn€E inlr&_.t.ir Facr&6 {NsO ,E Soidr, ndldrle rdc a!c..,oa3 !14 SY i15A.?6{ F(l t nng S€.a.nt S.€noi - St flrard getd Cffi 3Y 5r2 6- v..n ar CL(! ra 6!rbr - ISPWC SBTCI s'5 3,5{a Co...ct St .! ol G.e €A G..!e !.r*ic+ri! irEr Pr!€d ait s4.d A.a.l rd! .:a.66b r.r/Gad B.r.a. - san-d D 9.sr Fo./nL.c {E rar g{ tl- hr p.r..ry dta... Se.{eoc b rcun !or)::s LS CdEta S.! (FrrEy d-acr-d trrid. ind.rB gur roFtg -{ Sr.lngl :s -]., tt-Prnl3y Cb1rslbd r*t1 corita. ,s ii iS IS rt3 rs !s : ::: .: -5': klEtlolr-Ai-lEl' AlELrt 6r!!rn *a, @..shr!., $diarl. !fit! !l .is ;.17 i. .:: I I I6cl-,-- l--;-L-----::-I e,r latIoe 70 71 8' 6l 101 la? 115 -s Proc.ss M.ch.nr.l P9r6o Syrlm. (r.rm.ry.Juda6 pnrn!.y !.!m C.nt d..'n io.rrot bL .. 12.S 3150 0G1P,@$ ueh.nE l Equ'pGr (tutmcriu. kEF p!hp, udny lr.i!n! plrmp !.d rta. .F S si5 toa 1200.000 !s 3125 000 3125 000 LS Con6.l. P-. .nd Cro. 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'rriy nnd!. punp saal riE rrr !S LS -s Foq,ttDi (6l.rE -t qn 6! wAS FrlT iEi r! RAS/WAS !irh.a)r-s c..,tcr* PG l!'rr!) -n .qLgrsi p6) Csda $!B (WAS a.ryp ,en WAS s,Er *.drr! RA9I! S#)-s Ca.E a S&. (WAS FrtIr,En F]ISTSIAS d[ruB RAS luip lEdn rd os.od rcorjr bt (llE.E! ra lr.ir. hdr nrnE) -5 PrrEt EEnC.r Pqt! SrrlrB EA.s ,AS iirg,@ ..4r-t t&n!tra. ..aErt r}t Pr6.tE".narE+F.cr GF..rEr LG.rs!6a rJr? !r!!6 ,,.t.ttEr. art, 2S lrtdrG,r.jc. zaa ltf/rc I .e€ II lat J 196 IH _ 20, 203 206 I zro I I 212E n\ I --:t3--l 9.4) 721 I 241 ZB Z'E 2{ Its Bond No. CA1535065 Performance Bond CONTRACTOR: (Non e, legdl slanf and addrcss) JC Constructors, lnc 1305 E. Columbia Road Meridian lD 83642 OWNER: (NaDa legol stdbs and dddtess) City of Meridian 33 East Broadway Ave., Ste. 106 Meridian lD 83642 CONSTRUCTION CONTRACT oate: January 3, 2017 Amount $ 35,565,000.00 Modidcations to this Bond: ! Nonc CCNTRACTOR AS PRINCIPAL Cornpalt: JC Constructors, lnc Description: Norne and locatlon) WRRF Liquids Stream Capacity Expansion-Construction Project 1 0601.D BOND oatc: January 3, 2017 (Not eorliet lhon Conttnotion Cohtdcl Dole) lmoum: $ 35,565,000 00 Conforms with The American lnstltute of Architects AIA Documont 312 SURETY: (None, legdl sratus old pt'irlcipol place of bwiness) Great American lnsurance ComPanY 301 East Fourth Street Cincinnati OH 45202 Malllng Address for N6tlcos Thls documont has lmporlant legal consequenc6s. Consullatlon wlth an attomey h encouraged '/rlth rospect to lls completlon or modllicatlon. Any slngular aelerenc€ to Contraclor, Surely, Owner or olhg. party shall be corclder€d plural whero appllc.ble. Thirty Five Million Five Hundred Sixty Five Thousand Dollars and 00/100 Thirty Five Million Five Hundred Sixty Five Thousand Dollars and 00/100 E Scc Scctior 16 (Corporute Seol) SURETY Compony: (CorPorate Seol) Great American lnsurance Company Signaturei Tina ColemanName and Title: Attorney-in-Fact )0s NarDe and'fitle: L"y' i2REr,D<s>,f (Any oddilional sigtofirrcs oppear on the last Nge o/ lhh Pedon arce Botd.) (FOR INF2RMAnON oNLY - Nane, addrctt and tclephone) AGENToTBRoKER: OWNER'S REPRESENTATIVE: Moreton & Company (Atchitect, Engineet othet N y:) 12639 West Explorer Dr., Suite 200 Boise lD 837'13 208-321-9300 s-1 852,/AS 8/1 0 h\ Document A312rM - 2010 \--^E S 1 Thc Contractor and Surety, jointly and sevemlly, bind themselves, rheir heirs, exccutors, 0drninistrotors, successoG and assigns to $e Owner for the perfonnance ofthe Construction Conlr0ct, which is incorporated herein by refercnce. S 2 Ifthe Contmctor p€rforms $e Corlr(mction Contlact, $e Surcty and the Contractor shall have ro obligstio[ undcr tltis Bond, exclpt rvhco spplicablc to psnicipate in a conference as provided in Seaion 3. S 8.4 Waivc its right to pcrform and complete, arnnge for completiotr, or obtah a ne\Y contractor 8nd with rcasonable promphess under the $ 3 lfthere is no O*ner Default undor the Constdction Contract, thc Surcty's obligEtion undcr this Bond shall arise after .1 the Owner lirst providcs noticc to thc Contnctor and the Surety th0t the Olner is .onsidering decladng a Contrsctor Def0ult. Such notice shlll indicate whcther thc Ou,ner is rEqucsting a confcrence among the Orwer, Colractor arld Surety to discuss the ContEctor'r pcrfolriaocc. Ifthc Owncr docs not (cqucst a conferencc, thc Surety may, witlin five (5) business dsys 6fter receipt of thc Ovmcr's notict, request such a confercnce. Ifthe Surety timely rcquests a confererlce, the Ovner shall attend. Unlcss the Owncr agrces otherwisg any ion crcnce requested undcr this Scction 3,1 sholl be held within ten (10) business days ofthe Surety's receipt oi the Owne/s notlcc. Ifthe Oivncr, the Contractor and the Surety agrc, thc Conractor shall be sllo\r'ed a rcssonsble time to perform the Cons(ruction Contr:act, but such sn lgre.ment shall not waive t}e Ownels right, ifany, subsequently to declare o Co lractor Default;.2 thc Orvner deqlarE 8 Contrsctor Dcfault, tcrminstcs the Construction Contact and notifies &c Surety; and .3 the Ormer has agreed to pay the tsalaoce ofthe Contract Pric. in accordancc wilh the terms of the Constuction Contmct to thc Surety or to a conuactor selected to perform the Conslruction Contract. S 4 Failure on thc part of$e Owncr lo coDply wilh lhc noticc rcguircment in Sectiotr 3,1 shatl oot constitute a failure to comply with d cnndition ircccdcnt to thc Surcty,s obligations, or relcasc the Surety ftom its obligations, except to the extent the Suety dernonslntes actual prejudic,e. $ 6,3 Obtain bids or negotiated propos{ls lrom qualified conlractors lc(sptsble to the Olvncr for a conlract for pcrformaoce and complction ofthe -onslruction Contruct, inange for ; contnct to be preparcd for cxccution by fie Orvncr and a conhsclor selcctcd wilh the Owne/s concunence, !o be secured with pcrformancc ari paymcot bonds cxccutcd by E quslified surcty equiyalcnt to thc bonds issued on lhc ConsEuction Contncl, 8nd pay to thc O$ner the amount ofdamagcs as dcscribcd in Section 7 il cxcess of thc Balance of0tc Contract Price incured by the Olvrler 6s o result oflhe ConEactor Default; or S 5 When lhe O$rer has sutisfied the conditions ofsection 3, thc Surcty shall promptly ord at &e Surcty's expense take one of the following octions: S 5.1 AI'Ia,l8e for the Contractor, with the consent ofthe Owrer, to perforln 8nd complete th€ Construction Contruct; S 5.2 Undcrtakc to pcrform and complete the Construction Contract itself, through its qgents or indcpendent con(mcto6; circumslonccs: ,1 .2 After invesligation, dctcnnirc thc amount for rvhich it may b€ liablc to the Owner an4 as soon as practiqable aftrr lhc smount is dctcBuincd, makc paymcnt to thc O\wer; or Deny liability in whole or in pan and noli, lhe Orvner, citing the rcasons for denial' 5 6 lftle Surcty does not proceed as provided in S€ction 5 with reasonablc Fomplncas, thc Surcty shall be deemed to be in default on this Bood iven days allei receipt of on additionul rvritten notice from thc Olwer to thc Surety dcmanding lhat the Surety perform is obligations under this Bonrl, and thc Owner shall bc entirled to cnforcc any rcmedy av0ilablc to the Otrer. Ifthe Surety proceeds as provided in Section 5.4, and th. Owncr r€fus6 thc p0ymcrt or fte Surety has denied liability, in whole or h pad, without fudhcI notice the Ovrncr shall be entitled to enfo(ce any remedy available to thc Owner. s-185ZAS 8/10 $ 7 lfths Surety elects to act under Scction 5.1, 5.2 or 5.3, then lhe responsibilities ofthe Surety to the Owner sh6ll not be Sreater &an lhosc of lic Contractor under the Corlstruction Contrqcl, md the responsibitities ofthe Owner to the Surety shall Dot bc gcatcr than thosc of thq Osncr undcr tlrc Consrrucrion Conrracl Subject to the commitment by the Ormcr to pay thc Balancc of tic Conuact Price, the Surety is obligated, wilhout duplicotion, for .l thc responsibililies ofthe Contractor for conection ofdefective \\nork and completion ofthe Construction Coo(ract; .2 additional legal, design professional and delEy cGlls rcsulting from the Cootttrctor's Defiult, und resulting fom ihe actions or failure to actofdre Surety underSection 5; and ,3 liquidatcd damages, or ifno liquidated damages are specified in the Construction Contmct, actual damages caused by delayed performance or non-pcrformance of the Cotrtractor, S 8 Ifrhe Surery elects to act under Section 5.1, 5.3 or 5.4, tie Sureys liabiliry is lirnited to lhe amount ofthis Bond $ I The Surcty shall not be liable to the Ownerorothe6 for obligatioos oflhe Contsuctor that arc uorclatcd to tlc Construclion Contt"act, and thc Balance ofthe Contrdct Pricc shall not be reduced o! set offon accouot of 8ny such unrclatcd obligations. No right ofaction sh.ll sccruc on this Bond to ony person or cntity othcr lhar thc owncr or its hcirs, cxccutoG, sdministators, successors and assigos. $ 1 0 The Surcty hereby waives noticc of any chongc, including chaogcs of timc, to the Conslruction Conlr0ct or to related subconbacts, purchasc orders and othcr obligatiors, $ ,t 1 Any proceeding legol or equitablc, undcr this Bond may bc institutcd in any court ofcompeteot jurisdiction in the location in $'hich tle work or p0rt ofthc work is locatcd and shall bc institutcd rvithin tNo years aner a dcclarstion of Conbactor Default or viftin two years aner the Conlhctor ccascd working or within hvo years after the Surety rcfuses or fails to perform iB obligatioos under this Bord, lvhichever occun finL Ifthe provisions ofthis Paragraph ate void or prohibited by larv, tle minimum period of limitstion avaiiable to sureties as ! defense in tlrejurisdiction of the suit strsll be applicable. $ 1 2 Notice to the Surcty, thc Orvncr or lhc Conlractor shall bc mlilcd or dclivercd to thc addrcss shoM oo thc page on lvhich theiJ sigDaturc appcars. S 1 3 When this Bond has been fumished to comply with I statutory or olhcr legal lequirement in the location lvfiere the conskuction lvas to be performed, any provision in this Bond conflictin8, lvith said statutory or leg0l requirement shsll be deemed deleted herefrom ond provisioG conforming to such statutory or other legol rEquirement shall be deemerl incorporated hercin. When so fumishcd, thc intcnt is that lhis Bond shall bc constluad as a statutory bond and not as 0 common larv bond, $ l4 Doflnltlons S 14.1 Balance of the Contract Prlco. Thc total amount payable by the Owner to tle Cotrhactor under the Construction Contract aoer EII proper ;djustncnts havc bcqrr madc, including alto$,ancc to the Contnctor ofany amounts received or to be receivgd by the Orvnel in settlement of iniurance or otier claims for damages to which the Contractor is entitled, reduced by oll valid ond pmper paymenls mlde to or on behallofthe Conlractor under the Construction Contract. S ,14.2 Constructlon Conlracl. 'lhe agrecment betwecn the Olvn€r and Contractor identified on the cover poge, including all Cootract DocumenB and changes mad€ to th€ a8reement 8nd thc Contnct Documents. $ 14.3 Contractor Defaull Failure ofthe Contractor, rvhich has not bccn Enedied or wsivcd, to pcrform or othcnvisc to comply with a matcrisl term of the Constructio! Conbact. S '14.4 Owner Default Failure ofthe Orvncr, which has llot been remedied or lvaived, to pay the Cortiactor as required under the Conslruction Conhqct or lo pcrlorm and complete or comply with the other material terms ofthc Construcdon Contract. 5 14.5 Conlracl Documents. All the documenls that comprise the agrecmcnt betwccn tie O$&er 8nd Contractot. S 15 If this Bond is issued for an ogrcement between a Contrsotor und subclntlactor, lhe term Conlractor in this Bond sh8.ll bc dccmcd to bc Subconlractor and the term Owner shall b€ de€m.d to be Conhrctor, s-1 852,/AS 8/1 0 S '16 Modifications to this bond are a.s follows: (SNce is pt'ovlded belovfor additional signafites o/odded Pa ies, other lhdn lhore oppca ngon lhe covet Fqe.) CONTRACTOR AS PRINCIPAL SURETY Compaoy: (Corporate Seal) ComParY: signeture:SignaNre: Name and Title: Address NBme and Titlei Address (Cot?orule SeaU s-1 SszAs 8/1 0 Bond No. CA1535065 Payment Bond CONTRACTOR: (Nane, legal stans and addrcss) JC Constructors, lnc 1305 E. Columbia Road Meridian lD 83642 OWNER: (Nane, legal stoas and addtess) City of Meridian 33 East Broadway Ave., Ste. 106 Meridian lD 83642 CONSTRUCTION CONTRACTDate: January 3,2017 Amounr $ 35,565,000.00 Description: (NanE and localion) Anounr $ 35,565,000.00 I,lodifications to iiis tsord: ! None Document A31 ZrM - 2010 WRRF Laquids Stream Capacity Expansion-Construction Project 10601.D BONDDore: January 3,2017 Not ea iet than Constructlon Co lracl Dale) contorms wlth The Amerlcan lnstitute ofArchitects AIA Document 312 SURETY: (NaoE, legal slatus ond qincipol place of butinets) Great American lnsurance Company 301 East Fourth Street Cincinnati OH 45202 Malllng Address for Notlces This document has important legal consequ€nc€s. Consultatlon wllh an allomey ls encouraged with ,esp€ct to lls complollon or modificaUon. Any slngular reference to Cont€clo( surety, Owner o. olher party shall be consldered plural whers appllc.ble. Thirty Five Million Five Hundred Sixty Five Thousand Dollars and 00/100 Thirty Five Million Five Hundred Sixty Five Thousand Dollars and 00/100 E See Section 18 CONTRACTOR AS PRIHCIPAL Company: JC ,Constructors, inc (Corporate Seol) SURETY Company: (CorporateSeal) Great American lnsurance Company Signatu(c:O4;,,,t tv Namc J -:-=f ^(],^ a'{ aodTitl€: ? R {t t of-\--/T- Signatue: - - Tina Coleman Namc aod Title: Attorney-in-Fact (Atty odditlonal slgnattres appeor on the lasl page o/ this Poyuent Bond,) (FOR INFORWTION ONLY - Nan'", oddtett ond telephone) AGENToTBROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Atchitect, Engineer ot'othet potly:) '12639 West Explorer Dr., Suite 200 Boise lD 83713 208-321-9300 s-2149/AS 8/10 - 1 .'., :"': .\ -'r l- 5 2 tfthe Contiactor promprly mukes psyment ofall sums duc to Claimaols, and dafcnds, indemnilies and holds harglless the Owner from claims, Jemands, liens or suis by any person or entity $eeking payment for labor, m0tcrials or cquipment fumished for use ill the performance ofthe Construction Contmct, thcn thc Surcty and thc Contrsctot shall havc no obliga(ion undcr this Bond. S 3 lfthere is no Owner Default underthe Construction Contract, thc Surcty's obligation lo the Owner nnd$ 6is Bond slull arisc aflcr thc Owner hos promptly notilicd thc Contractor ard thc Surcty (at thc addrcss described in Section 13) ofclaims, dcmands, licrs or suits against the Owner or the Owner,s propcrty by any pc6on or entity secking payDert for labor, matcrials or cquipmeot fumished for use in the perfonnance olthe Construction Contract and tcrdcrcd dcfcnsc ofsuch claims, demands, licls or suits to thc ContrBctor arld the Surety. S 4 When tbe Owner has satisfied the conditions in Scction 3, the Surety shall p(omptly md ot tlle Surcty's expcnse dcfcn4 indcmnify 8nd hold harmles the Owner against o duly tendercd claim, demand, lien or suit. S 5.1 Claimarts, },ho do llot have a direct conbact rvith thc Contractor, .1 have lumished a rvritten notice ofnon-payment to tfte Contractor, ststing with sub6tantial accuracy thc amount claimed and the name ofthe party to whom thc matcrials were, or equipmcnt was, fumishcd orsupplicd or for rvhom the labor was done or performed, rvithin ninety (90) days after hsving lsst p€rformcd lsbor or last ftmishcd matcrials or equipment includcd in thc Claim; ood. ,2 havc scnt a Claim to thc Surcty (at thc address descriM in Section l3). S 5.2 Ctaimonts, vho arc cmploycd by or havc a dircct contract with thc Contractor, have seot a Claim to the Surcty (at the addrcss dcs6ibed in Section l3), $ 6 Ifa notice ofnon-paynent required by Section 5.1.1 is given by the Owner to the Cofllractot that is sufl'icient to satisfy a Cluim0nt's obligation to fumish a witlen notice ofnon-paymert under Section 5.1,1. S 7 When a Claimant has sstisfied the conditions of Scctions 5.1 or 5.2, whichcvcr is opplicable, tle Surety shall pronptly and ut tlc Surcty's cxpens€ take the following actions: S 7.1 Send an answer to the ClsimanL with a copy to 0re Owner, within sixty (60) tlays ufter rcccipt ofthc Cl8im, stating thc amounts that alc undisputed and the basis for challenging any smounts thut 8re disputcd; arld S 7.2 Pay or snangc fol payment of any undisputed amounts. $ 7,3 Thc Surety's lailur€ to dischlrgc its obligations undcr Seclion ?.1 or Scction 7.2 shall not bc dccmcd to constitute a waiver ofdcfenses the Surcry or Contr.actor may have or o.{ui.e as to a Clnim, cxcept as to urdisputed amou s for which thc Surcty and Clainrant have Eachcd sgrcement. I[, however, the Surety foils to discharge its obligations undcr Scc{ion 7. I or Scction 7.2, thc Surety shalt iodendry the Claimant for the r€asonable ottomqy's fecs thc Clsinrant iocurs thcrcsftcr to rccover any sums found to be due and olving to the Clsimont. S q The Surety's totalobligation shalt not excecd $c omountofthis Bond, plus tle amount ofre{sonoble ltlomey's fces providcd undcrScction 7.3, 0lld the amount of 0ris Bond shall be credited lor ony payments made io good faith by the Surcty. S 9 Amounts olved by th. Owner to the Corltactor undcr thc Construction Contract shall be used for the performance of lhe Construclion Conkact and to satisfr claims, if any, undcr any construction pcrformance bond. By the Contnctor fumishing and the Owner accepdng this Bond, thcy a8ree lhtlt sll funds camcd by thc Contractor in the performance ofthc Construction Contact ale dedicated to s8tisry obligstions ofthe Contractor and Su(cty undcr this Bon4 subject to the Owrleis priority to use the funds for the completion of the work. . s-2149/AS 8/1 0 S 1 'lhc Contractor and Surcty, jointly and severally, bind themselves, their hein, executors, administratoN, successors and assigns to lhc Owncr to poy for labor, materials and equipment fumished for use in the p€rformsnce ofthe Conskuation Conhact, r,vhich is incorporatcd herein by reference' subject to the lollowing terms. S 5 The Sureys obligations to a Claimart uoder this tsond shlll arise after the following: $ 1 0 I}c Surcty shall not bc l.iable to the Omer, Claimants or others for obligo(ions of tie Contractor tbat arc uDrclated to the Coostruction Contract' fhc Orvner shall not be liable for the payment of aoy costs or expenses of any Claimaot uadcr this Bond, and shall have undcl this Bond tro obligation to m8ke psyments lo, or give notice on beholfoi, Claimsnts or othcrwise have any obligstioos to Clai-oants under this Bond. $ 11 The Sutety hereby weiveg notice ofatry change, includilg changes oftiDc, to thc Construction Conlract or to teloted subconfactt, pu.chcse orde6 8tld othe! obligalioos. g 12 No suit or action shall bc commcnccd by a Clsimont uoder this Bond ottrer thoo in a courl ofcdmpetcntjurisdiction in the state iD which the project that is thc subjcct ofthc Construction Cotrt act ls located o. after the €xpiration ofone year tom the date (1) on \rhich thc Claitrlaot scnt I Claim to the Surcty pursuaJlt to Scctioo 5.1.2 or 5,2, or (2) oo rvhich the lost hbor or sewice was performed by anyole or thc last tnatcrials or equipment,l cra frimishcd by anyone under the Constructlon Conhact, whichever of(l) or (2) 6rst occuls,Illhc pmvisions of this Paragraph arc Yoid or prohibitcd by larv, thc miainum period oflimitation available to sureties as I defense ir thejurisdicalon oftlc suit shall be applicablc. S 13 Notice aod Claims to the Surety, the Olyner or the Contractor shall bc mailcd or delivered to the oddrcss shonn on the lage on $,hich their sigoatu.E appears. Actual rcceipt ofnol.ice or Claims, hor.vcvcr accomplished, shall bc sulficicot complisnce ss ofthe date received. $ 14 When this Bond has bccn flmishcd to comply with a statutory or olhc! legsl r.quir€ment in the loca(ion where the conskuction was to be performed, aoy provision in this Bond coDlllcthg with said statutory or legol requiretnent shall bo deemed deleted hcretom and provisions confornfng to such statutory or other legal requilement shtrll be deemed incorporsted herein. When so fumishcd, thc itrtcat is that this Bond shall be construcd as a statutory bond aod not as a co[nmon law bond. $ 15 Upon rcquest by any person or entity appearing to be s potcntial bcncficiary oflhis Bo!4 the Cofi'actor tnd O$ er shdl promptly fumish a clpy of this Bond or shall pennit o copy to bc madc. S 16 Deflnitions $ 16.{ Clalm. A written statement by the Claimant including at a minimuml .1 the name ofthe Clairnaflt; .2 the nomo ofthe person for rvhom 6c laborras dong ormaterials or cqulpment fumhhed; ,3 I copy ofthc agrrrmcnt or purchsse order pursua to which lsbor, materials or equipmelt was fumishcd for uso irl the pcrformance of the Construction Contractl .4 a briefdescriptlon ofthc labor, materials or equipment fumished; .5 the da(e on r,vhich lhe Claimoot last performed labor or last furoishcd materials or equipBent for use in the performance ofthe Constluction Conlracq .6 lhe total amount camcd by th€ Claimant for labor, materials or equipment fumished as of0le date ofthe Claio; .7 the total omount ofprcvious paymcnts recsivcd by the Claimanti and .8 the tohl0mountdue and unpaid to thc Claimant for labor, matcrials or e$lipment furdrhed as ofthe date ofthe Claim. S 16.2 Claimant. r1 itrdividual o. entity having a dircct cont$ct with the Cootractor orwilh a subcontractor ofthe Contractor to fumish labor, materials or equipment for use io the perlormance of the Consnucdotr CoDlract. Thc tcrm Clairnant also bcludes any individual or entity that hos rightfully asserl€d e claim under ar applicablc Ecchanicb licn or similar statu(e against the realproperty upon rvhich the Project is located. The h{6nt of this Bond shalt be to ilclude \vithout timitation in thc tcrms "labor, msteriab or equipmetrt" that part of watcr, gas, power, lighL heot, oil, gasoline, telephone service or rcntal cquipmcnt used in 6e Cotrsbuctiotr Cotrtract, arcbitectural and eogine.ring services required for performance of the tvork of the Contracto! and thc Cootractofs subcontractors, and 0ll other items for which a mechonic's lien may be Esserted itr thcjurisdictioo t hcrc thc labor, materials or equipmeot rvere funished. S 1 6.3 Constaucuon Contract. The agrccuent be(w€en the Olvner and Contractor idellificd oE thc covcr page, hcluding all Cootracl Docuaeots aod sll chaoges madc to dle agreement and llle CoDEact Docuoeots. s.2149/AS 8/10 S 16.4 Owner Default. Eailure ofthe Owler, rvhich h8s oot beel remedied or w0ived, to pay the CooLtscto! 0s rcquircd undq thc Cotrstnrction Contract or lo perforh 8nd complete or comply with the otier matetial ter s oflhe Construction Contract. 5 16.5 Contract DocumenG. All the docu.gleots tlat comprise tlle agrccm€rt between thc Oumer snd Conlractor. $ t7 Ifthis Bond is isoed for an sgeemcnt between 8 Conuactor and subcontractor, the term Controctor in this Bond shsll bc dcclDcd to be SubcoDaactor lnd the term Owner shall be d.em.d to be Cofitractor. 5 18 Modificadons (o this bond sre 6s follows: ('poce is provlded bclout Ior addi onql signotWes o/qdded porlies, olhet lhan lhose appeorifigon rhe covet pqge.) CONTRACTOR AS PRINCIPAL SUREW Compsoy: (Corporate Seol) Company:(Cotporute Seal) Signature:Signature: N.rne and Title: Address Name snd Title: Address s-2149/AS 8/t0 ETRAKiT lnspections Elevators Violatrons Page I of I Permits Licenses Searcn Trade L enses Hotu r s.iup.nAccoun, | ..c,. E;G"*-rq E ntn:naen xe Forsor P...F.d PUbliC WOrkS Search i search Asa n Downroad Resrts Prinrable v,ew F rst P,ev Detarls - License Number: PWC-C-'14336 Nexl Last ACTIVE Shopping Cart Contact rE nle@r.l*on Unlzalrcn ol thr. wbs'i. nd@l.r u.d.ELidin9 ..d .@pL^@ ot th 3 lLLm.nl 1{0G955-31x4, 1090 E uLr.nos. si solll 150 il.n6.. rD &442 HOME I CONTACT PWC-C 14336 00001 00002 00003 1.2.3.5 UNLIMITED Fees $4.290.00 Regbtr.ton l: Explrl: ryp.: Sub-Typ€: Strtur: c€tt: P.gor: Pr /c-c-14336 7t1112016 6n012017 PUBLIC IAORKS UNTIMITED ACTIVE (208) 895-8105 (208) 85G1375 (20€)895{106 https://web.dbs.idaho.gov/etrakit3/Custom,4daho PublicWorksSearchRslts.aspx 12n6t2016 E;;__l IDSOS Viewing Business Entity Page I of2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State I New Search ] [ Back to Summarv ] I Get a certificate of existence for JC CONSTRUCTORS. INC. ] I Monitor ]C CONSTRUCTORS. INC. business filinos l JC CONSTRUCTORS, rNC. 1305 E COLUMBIA RD MERIDIAN, ID 83542 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 12 Aug 2009 State of Origin: IDAHO Date of 21 May 1999 Origination/Authorization: Initial Registered Agent: JIM COX 1305 E COLUMBIA RD MERIDIAN, ID 83642 Organizational ID / Filing C12A987 N umber: Number of Authorized Stock 20000 Shares: Date of Last Annual Report: 24 Mat 2016 Annual Report Due: l4ay 2OL7 Original Filing: I Help N4e Print/View TIFF ] Filed 21 May 1999 INCORPORATION View Image (pDF format) View Imaqe (TIFF format) Amendments: I Help Me Print/View TIFF ] Amendment Fited 12 Aug REINSTATEMENT 2009 e PDF rm w Ima TI FF rm Annual Reports: Report for year 2016 ANNUAL REPORT Report for year 2015 ANNUAL REPORT Report for year 2Ol4 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2OO9 REINSTATEIqENT https://www.accessidaho.org/publ iclsos/corpiC 1 28987.htm1 12116t2016 I Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Imaoe (PDF format) View Image (TIFF format) This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective December 30, 2016 Policy No. 16G PS 08438 Insured JC Constructors, Inc. Endorsement No. 38 Countersigned By Bernie Raven Fred A. Moreton/Boise ANIC GL 1081 11 08 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS (PRIMARY AND NON-CONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Project location: Meridian Wastewater Resource Recovery Facility Project description: WRRF Liquid Stream Capacity Expansion – Construction Project #10601.D Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". B. If other valid and collectible insurance, whether on a primary, excess, contingent or any other basis, is available to the additional insured for a loss we cover under this endorsement, then the insurance provided by this endorsement is excess over that other insurance. However, the insurance provided by this endorsement will be primary to other insurance on which the additional insured is a named insured for the covered loss, if the written contract for this location and described completed operations contains a specific requirement that this insurance be primary or primary and non- contributory. In that case we will not share with that other insurance on a pro-rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, is coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective December 30, 2016 Policy No. 16G PS 08438 Insured JC Constructors, Inc. Endorsement No. 39 Countersigned By Bernie Raven Fred A. Moreton/Boise ANIC GL 1082 11 08 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION (PRIMARY AND NON-CONTRIBUTORY, WHEN REQUIRED BY WRITTEN CONTRACT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Project location: Meridian Wastewater Resource Recovery Facility Project description: WRRF Liquid Stream Capacity Expansion – Construction Project #10601.D Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. If other valid and collectible insurance, whether on a primary, excess, contingent or any other basis, is available to the additional insured for a loss we cover under this endorsement, then the insurance provided by this endorsement is excess over that other insurance. However, the insurance provided by this endorsement will be primary to other insurance on which the additional insured is a named insured for the covered loss, if the written contract for the covered operations contains a specific requirement that this insurance be primary or primary and non-contributory. In that case we will not share with that other insurance on a pro-rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, is coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance. C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.