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
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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
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6 !'bc. Rdl {Sra* Watlcl
3,(56 oaoLS
Cofimunrcaton - Pul, Borr/allt EA
10 Po*cr - Pdi Bola!,aull
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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
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https://web.dbs.idaho.gov/etrakit3/Custom,4daho PublicWorksSearchRslts.aspx 12n6t2016
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IDSOS Viewing Business Entity Page I of2
IDAHO SECRETARY OF STATE
Viewing Business Entity
Lawerence Denney, Secretary of State
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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:
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Filed 21 May 1999 INCORPORATION View Image (pDF format)
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Amendments:
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Amendment Fited 12 Aug REINSTATEMENT
2009
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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
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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.