Well 32 Production WellCONTRACT FOR PUBLlC WORKS CONSTRUCTION
WELL 32 PRODUCTION WELL - CONSTRUCTION
PROJECT # 10014.e
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 29th day
of December, 2016, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of ldaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, ldaho 83642, and POST DRILLING INC
hereinafter referred to as "CONTRACTOR", whose business address is P O Box 588
Wei lD 83672 and whose Public Works Contractor License # is C-013426-CC-4.r
INTRODUCTION
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 Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. lf any
such work is copyrightable, the Contractor may copyright the same, except that, as
to anyworkwhich is copyrighted bythe Contractor, the City reserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
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Project 100'14.E
Whereas, the City has a need for services involving WELL 32 PRODUCTION
WELL - CONSTRUCTION; and
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1.4 Services and work provided bythe Contractor at the City's request underthis
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $412,975.00.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, mayterminate this Agreement by
giving written notification to Contractor.
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Project 10014.E
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2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
3.3 Should City 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
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 120 (one hundred twenty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred
fifty) calendar days to complete the work as described herein. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $250.00
(two hundred fifty dollars) per calendar day. Such payment shall be construed to
be liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.1 lf, through anycause, CONTRACTOR, its officers, employees, oragentsfails
to fulfill in a timely and proper manner its obligations underthis Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
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 just and equitable compensation for any work satisfactorily
complete hereunder.
5.2 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
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Project 10014.E
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. lndependent Contractor:
6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. 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.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
8. 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 is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is othenivise unsatisfactory, that employee shall be removed from all
work under this contract.
9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
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Prolect 10014.E
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employe es. CONTRAC TOR shall maintain, and specificallv
ao rees that it will maintain thro UO hout the term of this Aoree ment liabil itv
tnsurance in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liabilit y One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1 ,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
9.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating
of no less than A-.
9.3 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 deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in 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
orthe City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
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Project 10014.E
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9.5 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.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractols agents, representatives, employees or subcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the pa(y so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount oI 10O% of the contract price issued by surety licensed to do business in
the State of ldaho. ln the event that the contract is subsequently terminated for
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.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of lMeridian acceptance perthe 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 inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
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Project 100'14.E
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14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. Meridian StormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancitv.oro/envi ronmental.aspx?id=1 361 8.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
16, 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.
17. Reports and Information:
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
WELL 32 PRODUCTION WELL - CONSTRUCTION
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18. Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONIRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use of Material:
20. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
Iocal law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. 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.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
WELL 32 PRoDUCTION WELL - CONSTRUCTION page 8 of 14
Project 10014.E
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and othenirrise use, in whole or In part, any
reports, data or other materials prepared under this Agreement.
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Managerwill
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
until the City has received a tax release from the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and priorto requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
WELL 32 PRODUCTION WELL - CONSTRUCTION
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page I of '14
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
In performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY
CONTRACTOR
City of Meridian
POST DRILLING, INC
Purchasing Manager
Attn: Sherry Young
33 E Broadway Ave
P O Box 588
Meridian, ID 83642
Weiser, ID 83672
208-489-0417
Phone: 208-585-3411
Email: officeO.Postdrillina,com
Idaho Public Works License #C -013426 -CC -4
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF PAST DI,LLIhI 1NG
BY: BY:
TAMMY deWtEgD, MAYOR SHE RY YOl7 Ice Prex ' ent
Dated: % / 10 / a` L -
WELL 32 PRODUCTION WELL - CONSTRUCTION
Project 10014.E
Dated: IQ - R 3 Fb
page 10 of 14
Approved by Council:
Attest: /I �V�4�
C. JAY DLE , CITY CLERK
Purchasing Approval
BY:
KEITH At T , Purchasing Manager
Dated:: -7
Project Manager
Dean Stacey
WELL 32 PRODUCTION WELL - CONSTRUCTION
Project 10014.E
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Depa ent A, r al
WA R N ST ART, Engineering Manager
Dated:: I-L/zq //(,
page 11 of 14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW.l623.10014.E
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW-1623-10014.E, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the 2012 version of
the ldaho Standards for Public Works Construction (ISPWC), the 2013 City
of lvleridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Technical Specifications for the Drilling, Construction,
Development, and Testing of a New, Permanent, tVulti-level
Monitoring Well at the City of tVeridian Well 32 Site by
CH2M Hill Engineers dated October 17,2016 (36 pases)
WELL 32 PRODUCTION WELL - CONSTRUCTION
Project 10014.E
a
page 12 ol 14
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$412,975.00.
WELL 32 PRODUCTION WELL - CONSTRUCTION
Project 100'14.E
Milestone 1 Substantial Completion 120 Days from Notice to Proceed
Milestone 2 Final Completion 150 Days from Notice to Proceed
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WELL 32 PRODUCTION WELL - CONSTRUCTION per IFB PW-1623-10014.E
NOT TO EXCEED CONTRACT TOTAL $412p25.00
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities of each item of work in accordance with the contract documents.
Item No.Description Quantity Unit Unit Price
1
Perm itting/Mobilization/Demobilization/
Cleanup 1 LS $30,000.00
2
Furnish and install 24-inch surface casing and
seal and complete the well head 55 LF $30,250.00
685 LF $'123,300.00323-inch direct mud rotary borehole drilling
I LS $5,000.004Caliper loo of the 23-inch borehole
LF
$92,500 00
740
5
Furnish and install 17.4-inch pipe O.D. (18.7-
inch coupler O.D.), 15.1-inch minimum 1.D.,
blank, Certa-Lok PVC Well Casing as supplied
by CertainTeed Corporation or approved
equivalent as determined and approved in
writing by the City
LF
$25,725.00
735
6
Seal the annular space between the 23-inch
borehole and PVC casing from ground surface
to 710 feet bgs using a bentonlte/cement grout
mix and from 710 to 735 feet bgs using % -inch
bentonite chips (Baroid or approved
equivalent).
75 LF $9,000.0071s-inch direct mud rotary borehole drilling
1 LS $7,800.00Borehole geophysical survey and caliper log of
the 15-inch borehole8
LF $14,400.0090Furnish and lnstall stainless steel wire-wrap
well screen assembly9
90 LF $4,s00.00Furnish and lnstall Premier Silica Sand filter10
page '13 of 14
MILESTONE DATES/SCHEDULE
PRICING SCHEDULE
Contract Pricing Schedule
pack
11 Furnish and lnstall stainless steel packer 1 LS $6,s00.00
12 Furnish, install, operate, and remove test pump 1 LS $12,000.00
13 Well Development 120 HR $36,000.00
14 Test Pumping HR $6,000.00
Video log I LS $1,500.00
to Disinfection 1 LS $3,500.00
17 Rig time 20 HR $5,000.00
WELL 32 PRODUCTION WELL - CONSTRUCTION
Project 10014.E
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t3
BID RESULTS
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X X X X X
Attest: Amie Rose, Finance
DUE DATE & TIME: December 6, 2016 2:30
BID NUMBER: PW-1623-10014.e
BID NAME: Well 32 Production Well - Construction
BID AMOUNT
$412, 975.00
Opened by: Sandra Ramirez, Purchasing
VENDOR
Post Drilling
Bondl2217343
AIA Document A312
Performance Bond
Any Singular reference to Contractor, SUrety, Owner or other party Shall be considered pluralwhere applicable
SURETY (Name and Principal Place oI Business)CONTRACTOR (Name and Address)
Post Ddlling, lnc.
P.O. Box 588
Weiser, lD 83675
North American Specialty lnsurance Company
650 Elm Street
Manchester, NH 03101
OWNER (Name and Address):
City of Meridian Purchasing Dept.
33 E. Broadway Ave. Ste. '106
Meridian, lD. 83 2
CONSTRUCTION CONTRACT
Date: December 27, 2016
Amount: $412,975.00
Description (Name and Location): Well 32 Production Well-Construction
BOND
Date (Not earlier than Conslruction contract Date)
Anrount: $412,975.00
Mgd]fiaaton s to this Bond:
December 27, 2016
X None
-CONTRAETGR+S PRINCIPAL
I&rr,any, -
SURETY
Company
North American Specialty lnsu
Signature:
Name and itle: Ma aqure
E See Page 3
(Corporate Seal)
(€,DrilliPost
Signature
Name and Title.
SrrFcrJ'/au
(Any additional signatures
(Corporate Seal)
Urce 0Pes, oerrt
r on page 3)
p6,
appea
(FOR INFORMATION ONLy - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Post lnsurance
P.O. Box 8447
Boise. lD 83707
N/A
-ln-Faci
ArA DOCUT'IEI{T A3l?. PERFORMANCE BOND AND PAYMENT BOND. 9ECEMBER 1s84 ED. . AIA O
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORKAVE,, N.W,, WASHINGTON, O C,20006
THIRD PRINTING. MARCH 1987
A312-1984 1
Ir
THE AMERICAN INSTITUTE OF ARCHITECTS
I
I The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors. admrnislralors,
suc@ssors and assigns to the Orr,/ner for the performance
of the Construction Contract, whach is incorporated herein
by reference.
2 lf the Contactor performs the Construction Contract, the
Surety and the Conlractor shall have no obligation under
this Bond, except to parlicipate in conferences as provided
in Subparagraph 3.1.
3 lf there is no Owner Default, the Surety's obligation
under lhis Bond shall arise after.
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph '10 below
that the Owner is considering declaring a Contractor
Default and has requesled and attempted to anange a
conler€nce with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods ot performing the
Construclion Contract. lf the Owner, the Contraclor
and the Surety agree, the Contractor shall be allowed a
reasonable time to pertorm lhe Construction Contrac-t,
but such an agreemenl shall not waiye the Owner's
right, if any, subsequently to declare a Contractor
Default: and
3.2 The Owner has declared a Conkactor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days aner the Contractor
snd the Surety have rec€ived notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surely in accordance with the
lerms of the Construction Contract or lo a contracior
selecled to perform the Construction Contracl in
accordance with the lerms of the contracl with the
Owner.
4 When the owner has satislied the conditions ot
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one or lhe following actions.
4.1 Anange lor lhe Contraclor. with consent oI the
O\.,mer, to perform and complete the Construction
Contrad: or
4.2 Undertake to perform and complete the
Construction Contract itself, through its agents or
through independent contractorst or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contracl for
performance and completion ol lhe Construction
Contract. arange for a conlract to be prepared lor
execulion by lhe Orrner and the contractor selected
with the Owne/s concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construclion Contract, and pay to lhe Owner the
amount of damages as described in Paragraph 6 in
excess of the Balance of lhe Contra6t Price incurred
by the Owner resulting kom the Contractor's default;
or
4.4 Waive its right to perform and complele, arrange
lor completion, or obtain a new conlractor and with
reasonable p.omplness under the circumstances:
.l After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practic€ble after the amount is
determined, tender payment therefore to the
Owner; or
.2 Deny liability in whole or in part and notiiy the
Owner citing reasons therefore.
5 lf the Surety does not proceed as provided ln Paragraph
4 with reasonable promptness, lhe Surety shall be deemed
to be in defaull on this Bond fifteen days after receipt of an
additional writlen notice Aom the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Ov,/ner shall be enlitled to enforce any
remedy available to the Owner. lf the surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses lhe
payment lendered ot lhe Surety has denied liability, in
whole or in part, without further notice the Owner shall be
enlilled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contracto/s right to
complete the Construction Contract, and it the Surety
elecls to act under Subparagraph 4.1, 4.2, ot 4.3 above,
then the responsibilities of the Surety lo the Owner shall
not be greater than those of the Contractor under the
Construclion Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those ol the
Owner under the Construction Contract. To the limil of lhe
amount of this Bond, but subject to commitment by the
Owner o, ihe Balance ot the Contract Price to mitigalion of
cosls and damages on lhe Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibililies of the Contractor lor correction
of defective work and completion of the Construction
Contracl;
6.2 Additional legal, design professional and delay
costs resulling ftom the Conlractor's Defaull, and
resulting from the adions or failure lo act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if not liquidaled damages
are specified in the Construction Contrad, actual
damages caused by delayed performance or non-
pertormance of the Contraelor.
7 The Surety shall not be liable to the Owner or others lor
obligations of the Contractor that are unrelated to the
Construction Contracl. and the Balance of the Contract
Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall accrue
on this Bond to any person or eniity other than lhe Owner
or its heirs, executors, administrators or successors.
8 The Su.ety hereby waives nolice ol any change,
including changes of time, to the Conslruclion Contracl or
to related subcontracts, purchase orders and other
obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiciion in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years atter the Contraclor ceased working or
within two years after the Surety r€fuses or fails to perform
its obligations under this Bond, whichever occurs firsl. lf
the provisions o{ this Paragraph are void or Prohibited by
law, the minimum period of limitation available lo sureties
as a defense in the jurisdiction of the suit shall be
applicable
AIA DOCUMENTA3'12. PERFORMANCE aOND ANO PAYMENT AONO. DECEMBER 1984 ED .AIAO
THE AMERICAN INSTITUTE OF ARCHITECTS lT35 NEWYORKAVE,, N W, WASHINGTON D,C 20006
THIRD PRINTING. MARCH 1987
A312-1984 2
1O Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on lhe
signature page.
1l When this Bond has been lumished to comply with a
statulory or other legal requiremenl in the location where
lhe constructign was to be performed, any provision in this
Bond conflicting with said slatutory or legal requiremenl
shall be deemed deleted herefrom and provisions
conforming to such statutory or olher legal requirement
shall be deemed incorporated herein. The intenl is that
lhis Bond shall be construed as a statutory bond and not
as a common law bond.
,I2 DEFINITIONS
12.1 Balance of the Contract Paice: The total amount
payable by the Owner to lhe Coniractor under the
Construction Contract atter all proper adjustments
have been made, including allowance to the
Contractor of any amounts received or to be received
CONTRACTOR AS PRINCIPAL
Company:(Corporate Seal)
Signature
Name and Title
Address:
by the Owner in settlement oI insurance or other
ciaims for damages to which lhe Contractor is entitled,
reduced by all valid and proper payments made to or
on behall of the Contractor under the Conslruction
Contract.
12.2 Construction Contracl: The ag.eement between
lhe Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto
'12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Conslruction Conlracl.
'12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by lhe Conslruclion Contract or
to perform and complele or comply with the other
terms thereol.
(Space is provided below for additional signatures of added parties. other than those appearing on the crver page.)
SURETY
Company (Corporate Seal)
Name and Title
Address:
AIA DOCUIIENT A312. PERFORMANCE BON0 AND PAYMENT BONO. DECEMBER 1gEa ED.. AtAO
THEAMERICAN INSIITUTE OF ARCIiITECTS, 1735NEWYORKAVE,N.W WASHINGTON, O C 20006
THIRD PRINTING . MARCH 1987
A312-1984 3
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Signature:
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond# 2217343
AIA Document 4312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered Plural where applicable
CONTRACTOR (Name and Address)
Post Drilling, lnc.
P.O. Box 588
Weiser, lD 83675
OWNER (Name and Address):
City of Meridian Purchasing Dept.
33 E. Broadway Ave. Ste. 106
Meridian, lD. 83 2
CONSTRUCTION CONTRACT
Date: December 27, 2016
Amount $412,975.00
. Debrcription (Name and Location): Well 32 Production Well-Construction
. . BONQ_
SURETY (Name and Principal Place of Business)
North Amelican Specialty lnsurance Company
650 Elm Skeet
Manchester, NH 03101
tate {lioteddier than Construction Contract Date): December 27, 2016
lAirou.at: $412,s75.00
-tv16difi;ltiona'to this Bond: D None
CONTRACTOR AS PRINCIPAL
Company:(Corporate Seal)
SURETY
Company
X See Page 6
(Corporate Seal)
n-Fact
Post Drilling, ln
Signature
Name and
SAEerry
(Any additional sig
North American S Ity lnsuran mpalr
Signature:
Name and le: Mary aquier
,J
ures a
Sr o€,\,-f
6)
(FOR TNFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
Post lnsurance
P.O. Box 8447
Boise, lD 83707
N/A
AIA DOCU ENT A312. PERFORMANCE aOND AND PAYMEiT BOND. DECEMaER 1984 ED. . AIA O
THEAN'ERICAN INSTITUTE OF ARCHITECTS, I735 NEWYORKAVE., N W., WASHINGTON. D C,20006
lHlRo PRINTING. iTARCH 1987
A312-1984 4
Ix
-/:..:
I The Contractor and the Surety, jointly and severally, bind
lhemselves, their heirs, executors, administrators,
suc@ssors and assigns to the Owner to pay for labor,
materials and equipment fumished Ior use in the
pedormance of the Construction Contract, which is
incorporated herein by reference.
2 With respecl to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes paymenl, directly or indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or enlity whose daim, demand, lien or suit is for
lhe payment for labor, materials or equipment fumished
lor use in the performance of the Construction Contract,
provided the Owne, has promptly notilied the
Contraclor and the Surety (at the address described in
Paragraph 12t ol any claims, demands, liens or suits
and tend€red defense of such claims, demands, liens
or suits to the Contraclor and the Surety, and provided
there is no Owner DeIaull.
3 With respect to Claimants, this obligation shall be null
and void if the Contraclor promptly makes payment,
directly or indirectly, for all sums due.
4, The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, y,/ith
substantial accuracy, the amount ot the claim.
4.2 Claimants who do not have a direct contract with
the Contraclor:
.'l Have fumished written notice lo the Contractor
and sent a copy, or notice thereof, lo lhe
Owner, wilhin 90 days after having last
performed labor or lasl furnished materials or
equipment included in th€ claim stating, with
substantial accufacy, the amount ol lhe claim
and lhe name of the parly to whom the
malerials were furnished or supplied or for
whom the labor was done or performedi and
.2 Have eilher received a rejection in whole or in
part from the Contractor, or not received wilhin
30 days of lumishing the above notice any
communic€tion from the Contraclor by which
the Contraclor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy, or notice lhereof, to the
Owner, stating lhat a claim is being made
under this Bond and enclosing a copy of the
previous writlen notice fumished to the
Conlraclor.
5 lf a notice required by Paragraph 4 is given by the
Owner to the Contractor or to lhe Surety, that is sufficienl
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the lollowing actions:
6.1 Send an answer to the Claimanl, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that a.e disputed.
6-2 Pay ot arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and lhe amounl of lhis Bond shall be credited
for any payments made in good iaith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construciion Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that all {unds earned by lhe Contracto. in lhe performance of
the Construction Contracl are dedicated to satisfy
obligations of the Contractor and the Surety under this
Bond. subject to the Owner's priority to use the funds for lhe
completion of the work.
9 The Surety shall not be liable lo the Owner, Claimants or
others for obligations of the Conlractor thal are unrelated to
the Construction Contracl. The Owner shall nol be liable for
payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behaf ol or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives nolic€ of any change.
including changes oI time, to the Construction Conkact or to
related subcontracls, purchase orders and other obligations.
1l No suit or aclion shall be commenced by a Claimant
under this Bond other than in a courl of compelent
jurisdiction in the location in which the work or part ol the
work is located or after the expiration of one year trom the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, ot (21 on which the last
labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) firsl occurs. lI
the provisions of this Paragraph are void ff prohibiled by
law, the minimum period ol limitation available to surelies as
a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to lhe address sholyn on the
signature page. Aclual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient complaance as of the date received at the address
shown on the signature page.
t3 When this Bond has been tumished to comply with a
statutory or olher legal requiremenl in the location where the
construction was to be performed, any provision in this Bond
conflicting with said slatutory or legal requiremenls shall be
deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shalI be deemed
incorporated herein. The intent is that this
AIA OOCUiIEXI A312 . PERFORi'ANCE BOND AND PAYMENT BONO . DECEMBER 1984 ED . AIA @
THE A!'ERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W , WASHINGTON, D,C 2OCO6
THIRD PRINTING . MARCH 19a7
A312-1984 5
Bond shall be construed as a statutory bond and not as a
common law bond.
1,1 Upon request by any person or enlity appearing to be a
potential beneliciary of this Bond, the Contractor shall
promplly fumish a copy of this Bond or shall permlt a copy
to be made.
I5 DEFINITIONS
15.1 Claimant: An individual or enlity having a direct
contracl with lhe Contractor or wilh a subcontractor of
the Contractor to furnish labor, materials or equipment
Ior use in the pertormance of the Contracl. The intent
of this Bond shall be to include withoul limitation in the
terms 'laboI, materials or equipment'that part of
water, gas, power, light, heal, oil. gasoline, telephone
service or rental equipment used
in the Construction Contracl, architeclural and
engineering services required lor performance of the
wo.k oI the Contractor and the Conlractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the iurisdiction
where lhe labor, materials or equipment were
turnished.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
Name and Title
Address:
When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting
documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable
period of time, but not more than 120 days, notify the Claimant of the amounts that are undisputed and
ihe basis for challenging any amounts that are disputed, including but not limited to, lack of
substantiating documentation to support the claim as to entitlement or amount, and the Surety shall,
within a reasonable time, but not more than 120 days, payor make arrangements for payment of any
undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations
under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not
be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver
of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have
the immediate right, without further nolice, to bring suit against Surety to enforce any remedy available
to it under this Bond.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Paragraph 6 of this Bond is deleted in ils entirety and replaced with the following provision
(Spac,e is provided below for additional signatures o, added partaes, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:(Corporate Seal)
SURETY
Company (Corporate Seal)
Signature Signature
Name and Title
Address:
AIA oocUI$Et{T A312. PERFoRMANCE BoND AND PAYI',ENT BON0 . DECEMBER 1s84 Eo. . AIA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N,W., WASHINGTON, O,C 2OOOA
THIRD PRINTING. MARCH 1987
A312-1984 5
15.2 Construction Contract: The agreement belween
the Owner and the Contractor identified on the
signalure page, including all Contract Documents and
changes therelo.
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF AT'TORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North Americar Sperialty Insuranc. Company, a corporation duly organized and existing under
laws ofrhc Stale ofNcw Harnpshirc, and having its principal ollice in the City of Manchcster, New Hampshire, and Washington Int.malional
Insurance Company, a corporation organized and existing under the laws ofthe State ofNew Hampshire and having its principal offic€ in thc City of
Schaumburg, Illinois, each does hereby makq constitute and appoint:
TERRY S. ROBB, WILLIAM F, POST,
and MARY J.{QUIER
I()INTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute. seal and deliver, for and on its behalfand as its act and deed, bonds or other writings
obligatory in the oature ofa bond on behalfofeach of said Companies, as surety. on contmcts ofsutetyship as are or may be re4uired or permitted by
law, reguiation, contract or olherwise, provided that no bond or undenaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFIY MILLION ($50,000,000.00) DoLLARS
This Power of Attomey is granted and is signed by facsimile undet and by lhc authority ofthe following Resolutions adopted by the Boards of
Directors ofborh No(h Am€rican Sp€cialty lnsurance Company ard Washington lntcmational lnsurdnce Company at mectings duly callcd and h€ld
on fie qi of May, 20 t 2r
..RESOLVED, that any two ofthe P.esidents, any Managing Dircctor, any Scnior Vice President, any Vice Presiden! any Assistanl Vice hesident.
the Secretary or any Assistant Secretary be, and each or any ofthem hereby is authorized to execute a Power ofAttorney qualifying the attomey ramcd
in the given PowciofAttorney to executc on behalfofthe Company bonds, undertakings and all contracts of surety, and that each or any ofthem
hcrebtis aurhorized to attest to the execution ofany such Power ofAttorney ard to attach thel€in the sesl ofthe Companyi and it is
FURTHER RESOLVED, thar $e signature ofsuch ollcers and the seal ofthe Company may be aJlixed to any such Power of Attomey or to any
cedificate relating thercto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimil€ scal shall be
binding upon the Company lvhen so arlixe-d and in the futurc with rcgard to an, bgnd, undcrtaking or contract of surety lo which it is attached."
SEAL
tl)
Sid.n P. Atrd.m'! Sdior Vh. Pr6ld.nr ol wr.hi.86 trldn.tlodl ln$dn.. CooD..)
& Sdior Vt. ?BiLtt ol lioro Arsi.. SF.lrlly 16ro,.. CdP.ol
,no*,
^.
P,L"-o.o,-
& S.Dio. Vic. P6id.nt olNorrh Aa..ion S0.citlly Intuntre CoEp.ty
IN WITNESS WHEREOF, North Anrerican Specialty Insurance Company and Washington International Insurance Company have caused their
omcial seals to be hereunto affixed, and these presents to be signed by their authorized offic€rs this ?a(Lday of-September 2015
North Amaricrn Speciak}_ lnsuranca Company
Washington Inlerrational Insurrnce Company
Srate oflllinois
County of Cook
On this 22ndday of Septemb€r , 20_!1, beforc me, a Notary Public personally appeared Steven P. Anderson , Scnior Vicc Presidenl of
Washington lntemational Insumnce Company and S€nior Vice President ofNonh American Sp€cialt-y Insurance Company and MichaelA. lto.
Senior Vice Prcsident ofwashinglon Intemarional Insumnce Company and Senior Vice President ofNorth Americar: Specialty Insurance
Company, personally known to me, who bcingby me duly sworn, acknowledged that thcy signed the above Po*er of Attorney as officers ofand
acknowledged said instrument !o be the voluntary act and deed oltheir respective companies
M Kenny, N.rtery P{t,lie
t, Jeffrev Goldberg . the duly elected No(h America! Specialt-v lnsurance Company and washington
Intemational lnsurance Company, do hcrcby certi& thar thc abovc and foregoing is a true and correct copy ofa Power of Atiomey given by said North
American Specialty Insumnce Company and Washington Intemational lnsurance Company, $/hich is still in full force aod effecl.
IN WITNESS WHEREOF, I have s€t my hsnd and affixed the seals of the Companies this -3L day of December , 20 l6
,//,2"2-b
SEAL
*
OFFICIAL SEAL
M IGNI{Y
NOTARY PI.tsI.JC, SIATE OF [XIO6
MY @MldSSloN qPAES 12rS42017
kttrcy Gddb.,8. Vie P6& & A$iqr Si.,a.ry oa
wrdrntb rtl'.didl l','lJm C6F.y r ldr A'qisn SFnlry h$rc Cmr.ny
ssi
DATE (MTIOUYYYY)
12/21/2OL6
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE
REPRESENTATIVE OR PRODUCE& AND THE CERTIFICATE HOLDER'
LTERLYCATE
TH SHTEOLOER.CETHE RTIFICAGHTSRIUNFERSNNOLDANcoFORMAINONTIONTTEOFRrsTEEOISSUASCERTItcATHIS ESPOLICITHEBYFFORDEDEcovEEGTHENTENDEXORNVELYTIVEORND,NOT FFI RMAERTIFI UT HORIZEDURENSETHsUISNGBETWEENR{S),CONTRACT
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A]-yshi.a Ganb]e
(208) 336-5600
ag.Ilble0Postins
141.8 4A Mutual
PFODUCER
Post Insulenc€ Servicea, Ilrc.
2?l? W. Bannock st.
P.O. Box 8447
Boise ID 83?07
293state Insurance FundB:IdahoNSUREO
Post Dlilling Inc.
90 Box 588
rD 83572wei ser
aiQo"CERTIFIGATE OF LIABILITY INSURANCE
CERT IFICATE NUMBER:2016 /201't
CAN CELLATION
REVISION NUMAER:
o 1988-20'14 ACORD RATION. All rlghts resorved
COVERAGES
CERT IFICATE HOLOER
LIMIIS
THAT
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1,000,000sEACH OCCUFRENCEx 250.00O
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SAOOILY INJUFY (P€r PeM)
IBOOILY INJURY (Per a..'d€nl)x
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1/ A/ 2076636811
WORXERS COMPEIISAIICN
AND EMPLOYEiS LNAIUTY
ANY PROPRI€TOR/PARINER/EXECUTIVE
Of IICER/MEMBER EXCLUOEO'
B
s.n.dde. Nv b..trch.d ll moE tp&e 13 Gqolr'dl
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VEHICLES (A@RD 101, Addtio..r R.roa.
RE: weII 32 Production well - construction
SHOULDANYOF THE ASOVE DESCRIBEO POLICIES BE CAI{CELLED BEFORE
iiii'Eipiiiarror,i oaie neaeor, NoncE tlrlLl aE DEUvERED rN
ACCOROANCE WITH THE POLICY PROVISIONS.
-&-rq-bz*-
AUTHORIZEO REPRESEI{TATIVE
yshia Gamble/AG
city of l'!e.idj'an
At6: Meridian citlr Accountiog
33 E. Bloadway Awe.
!,!eridiaD, fD 83642
ACORO 25 (201,{Jo1}
lNS025/201ao1l
The AcoRo name and logo are registered marks of AcORo
CORPO
A+
DOES
I
s
Post Dnlling lnc. Policy #X47632
ADDITIONAL INSURED. OWNERS, LESSEES OR CONTRACTO.RS - AUTO-
ill;ic $;$J's WiEN nrqurneD'rN CoNsrRUcrloN AGREEMENT wlrH
ibu - pnrurnnv IND NoNcoNrRlBuroRY
cG-7194(5-13)
This endorsement modilies insurance provided under
the following:
COMIVIERCIAL GENERAL LIABILITY COVERAGE PART
1. Section ll ' Who ls An lnsured is amended to
include as an additional insured:
a. Anv person or organization for whom you- are performing oferations when you and
irin'p"rton oi organization have agreed in
writino in a contrait or agreemenl thal such
purso'n o, organization be added as addi'
iional insured on Your Policy: and
b. Any other person or organization. you are
required to add as an additional insured
unter ttre contracl or agreement described
in Paragraph a above
Such oerson or organization is an additional
iniured onry with r;spect to liability fot bodily'iniurv.
oroierlv damage ot personal and ad-
i'rai"iing iiiui raused, in whole or in part' by:
a. Your acts or omissions, or
b. The acts or omissions of those acting on
your behalf;
in the performance of your ongoing operations
for the additional insured
A oerson's or organization s status as an addi-
iiofiii- rnsureo u-nder this endorsement ends
ei] yorr operations for that additional insured
are completed.
2. With respect to the insurance afforded to these-'
"JJitionir
insureds, the following additional ex-
clusions aPPIY:
This insurance does not aPPIY to:
^. Bdilv iniury, propeny damage ot porsonal
ina 'aav6rtising inlury atising out of the ren-
derino of. or the failure to render, any pro-
fessidnal architectural, engineering or sur-
veying services, including:
(1) The preparing, approving or failing to' PrePare or aPProve maPs' shoP
drawings, opinions, reports, surveys'
neto oieis, change orders or drawings
and specilications; or
(2) Supervisory, inspection, architectural or
engineering activities
b. Bodily iniury ot prcperty damage occurring
afler:
11l All work. including materials, parts or" eouioment furnishad in conneclion with
such work. on the project (other than
iervice, maintenance or repairs) to.be
oerformed bv or on behalf of the addi-
ionat insureolsl at the location ol the
mvered operitions has been complet-
edi or
l2l That oortion ol your work out of which' ' the i;jury or damage arises has been
DUt to its intended use by any person
or organization olher than another con-
tracto-r or subcontraclor engaged in Per-
forming operations for a principal as a
Part of the same Proiecl'
3. The insurance provided by this endorsement is
primary and noncontributory'
Post DnllLng lnc Pol cY #x47632
ACU'ry ENHANCEMENTS - GENERAL LIABILITY
This endorsement modifies insurance provided under
lhe following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. Extended Nonowned Watercraft
Exclusion q Exception (2Xa) of Coverage A.-
Bodily lnlury and Properly Damage Liabillty ls
replaced bY the foltowing:
(a) Less lhan 51 feet long; and
B. lncreased Bail Bond Amount
The limit shown in paragraph 1b of Supplemen'
tary piyments ' Coverages A and B is in-
deased to $1,000.
C. lncreased Reasonable Expenses lncurred by
the lnsured
The limit shown in paragraph 1d of Supplemen-
taty i"y*"nt. - boveiages A and B is in-
creased to $350.
D, NowlY Acquired Organizations
Item 3a of Section ll - Who ls An lnsured is
replaced bY the following:
a. Coveraqe under this provision is atforded-'
ontv uniit the 18oth day atter you acquire.or
iorir the organization or the end of the
policy period, whichever is eariierl
E. Tenants Legal LiabilitY
Paraqraphs (1), (3) and (4) of the O-amage to
Proo;rtv Exclusion under Section l- uoverages
oo 'not'appfy b properly damage (other than
Oir"s" by fire) t6 piemises, including the-con-
i"niiti ir*, premises, rented to you for a
period of 8 or more consecutive days'
The most we will pay under this coverage for
.lamaoes because ol propelty damago lo any
one p-remises is $10.000 A $250 deductrble
applies.
F. Knowledgo of Claim or Suit
The following is added to para-graPh 2: P'Jilt
in the Evena of Occurrence, Offense' Ularm.or
Srit ot-S*ti"n lV - Commercial General LiabiF
ity Conditions:
Knowledge of an occurrence, claim or suit by
vour aqint servant or employee shall not.in
itself 6nstitute knowledge of the Nameo ln-
i'ri"o ,"r"ii an officer of the Named lnsured
trai receiuea such notice from the agent' ser-
\anl ot emqloYee.
G. Unintentlonal Failure to Disclose Hazard
The followinq is added to the Representatrons
Conditron under Section lV - Commercral uen-
eral Liability Conditions:
Based on our dependence upon your. repre-
sentations as to existing hazards' il unrnlenlron-
lrrvli, .-n"rrJ t"il to dlsclose all such hazards
cG-7301(4{8)
at the inception date of your policy' we will not
ieiect coverage under this Policy based solely
on such failure.
H. Waiver of Subrogatlon for Written Contracts
The following is added to the Transfer of Rights
oi
'nu.ou"w Against Others to Us Condition
,nO"i S""t6" li ' Commercial General Liability
Conditions:
We waive any righl of recovery we ry-l-F:
aoainst a person or organization because oI
"Iriili ri ui" make for inlury or damage arising
5ii li ,tri o"soing op6raiions ot your work
done under a contract with that person or or-
oantation and inctuded in the products-cofi-
"oleted oDerations hazard fhe waiver apoles
6nt, io a perton or organization with whom you
irri"'i *iitt"^ contraEl or agreemenl in which
vou are required to waive rights ot recovery
i"i", ti,i. policy. Such mntracl or agreement
irui nave oeen executed prior to the occur'
renca causing iniury or damage'
l. Liberalization
The following is added to Section lV - Commer-
cial General Liability Conditions:
lf we adoot anv revision that would broaden the
;;;t;;';;d, this policv wilhout additional
iiem,u"m witnin 45 days prior to or during the
io'iiir-o"rioo, the broadened coverage will im-
heoiatbtY aPPIY to this PolicY'
J. Broadened Bodily lniury
The Definition of Bodity lniu4l is amended to
include mental anguish'
K. Electronic Data Liabiliry
1. The following paragraph is added to Section
lll - Limits of lnsurance:
Subiect lo paragraph 5 above, $10'000-is
tt",o.r *i wili piy under Coverage A for'o,irr,,u ar-"gd because of all loss of
'eleZtronic dara arising out of any one occur-
rence.
2. The following definition is added to Section
V - Definitions:
"Electronic data" means information' facts
ol oaor"mt stored as or on' created or
,aui o-n o, transmitted to or from computer
iinwiri ancruoing svstems and gPp!f]'.of
i6iili,"l, i,u,o oi n6ppv disrs' gD-Tol'l:l
taoes. d;ives, cells, data processing devrces
oi anv other media which are used wm
"te"tr6n,"rtty
controlled equipment
3. For the purposes of this coverag-e' the d.efl--
"ition of't'tpeiy damage" in Section V -
Oetinrtions is reptaced by the following;
" ProPetTY d a mag e' means:
(conirn\)ed nen Fge)
Post Drilling lnc PolicY *X47632
ACU'IY ENHANCEMENTS . BUSINESS AUTO cA.7247(9-09)
This endorsement modifies insurance provided under
the following:
BUSINESS AUTO COVERAGE FORM
A. Temporary Substitute Vehicle Physical Dam-
age
The following is added to item C Certain Trail-
eis, Mouite Equipment and Temporary Substi-
tute Autos under Section I - Covered Autos:
lf Physical Damage Coverage is provided by
this ioverage Form, any aulo you do not own
while used with permission of its owner as a
temoorary substitute for a covered auto you
o*iitttrt'it out of service because of its break-
Oo*n. ,epair, servicing, /oss or destruction is a
covered auto for Physical Damage Coverage
B. Who ls an lnsured
The following are added to Who Is an lnsured
under Section ll - Liability Coverage:
1. NewlY Acquired Organizations
Anv oroanization you newly acquire or form'
otn'er inan a partnership, joint venture or
limited Iiability company' and over which
vou maintain
-ownership or maiority interest'
ivitf quafify as a Named lnsured if there is
no oinet iimit"r insurance available to that
organizalion. However:
a. Coverage under this provision is afford-
ed onli until the 180th daY afler You
acquire or form the organizalion or the
end of the policy period, whichever is
earlier;
b' This coverage do€s not apply to bodly
injury ot priperty.darnage thal occurred
b6roie you acquired or lormed the or-
ganization;
c. No person or organization is an lnsured
witfl respect to the conduct of any cur-
rent or past partnership, joint venture or
limited liabiiity company that is-not
shown as a Nimed lnsured in the Oec-
larations.
2. EmPloyees as lnsureds
Any employee of yours is an
'nsured
while
using a covered auto you do not own' hire
or borrow in your business or your personal
affairs'
C. lncreased Supplementary Payments
'l . The limit shown in paragraph A2a(2) ol
Section ll - Liability Coverage is increased
to $3,000.
2. The limit shown rn paragraph A2a(4) of
Section ll - Liability Coverage is rncreaseo
to $300.
D. Fellow EmPloyee Coverage
The Fellow Employee Exclusion contained in
secton ri - Liabiiity-Coverage does nol apply'
E. TransPortation ExPenses
The Transportation Expenses Coverage Exten'
sion is rePiaced bY the following;
We will also pay up to $50 per day to a maxi-
mum of $t,S0O ior lemporary transportation. ex-
oana" i*u""0 by you beiause of the total
iheft ol a mvered auto of the private passenger
;t- liaht kuck tvpe. we will Pay only for those
ioreieo artos ii:r which you carry either c-om-
oi.nu"ii* or Specified Causes of Loss cov-
;;;;; W" will pav for temporary transporlation
",,otnt". ,ncrtied du'ing the period beginning
48 hours afier the theft and ending. regardless
oi ine poticy's expiration, when the covered
iuto is ieturned to use or we pay for its loss'
F. The following are added to Coverage Exten-" .ion. rnOet Section lll - Physical Damage Cov-
erage:
'1. Accidental Airbag Discharge
We will pay to rePtace an airbag thal de-
pioys wittrolt the car being involved in an
iccident Ttris coverage applies only to a
covered auto which You own'
2. Loan/Lease GaP Coverage
ln the event of a total loss lo a covered
aulo of the private passenger ot light truck
type, we wiil pay any unpaid amount due
on the lease or loan, less:
a. The amount paid under the Physical- Oamage Coverage Section of the poli-
cy; and
b. AnY:
(1) Overdue lease/toan paymenls at
the time of the /ossl
(2) Financial penalties imposed under
a lease for excessive use' abnor-
mal wear and tear or high mileage;
(3) Security deposits not returned by
the lessor:
(41 Costs for extended warranties'' Credit Life lnsurance, Health' Ac-
cident or Disability lnsurance pur-
chased with the loan or lease' and
(5) carry-over balances from previous
loans or leases'
3. Hired Auto Physical Damage Coverage
lf hired aufos are covered au'os for Liability
Coveraoe, lhen the Physical Damage Cov-
erages-provrded under lhrs Coverage Form
tor -any aulo you own are extended to aulos
(conlinued oext Pag€)
Posl Dralling lnc. Policy #X47632
We will not pay, under this coverage' lor
either anY electronic equipmenl or acces'
sories us;d with such electronic equipment
thal is:
a. Necessary for the normal operation of
the coveied aulo or lhe monitoring of
the covered aulo's operating system; or
b. Both:
(1) An integral part of the same unit' housing anY sound reProducing
equipment disigned solelY for the
reProduction of sound if the sound
reProducing equiPment is Perma-
nently installed in the covered auto;
and
(2) Permanently installed in the open-
ino of the dash or console normally
uied oY ttre manuracturer for the
installation of a radio.
Limit of lnsurance
Wth respect to coverage under this cov-
eraoe. ttie Limit of lnsurance provision of
Phy"sical Damage Coverage is replaced by
the following:
a. The most we will pay for all /oss to
audio, visual or data electronic equip-
ment and any accessories used with
this equipment as a result of any one
accident is lhe lesser of:
l1) The actual cash value of the
damaged or stolen Property as of
the time of the /oss;
(2) The cost of repairing or replacing
the damaged or stolen Properly
with other ProPefi of like kind and
quality; or
(3) $1,ooo.
b. An ad.lustment for depreciation and
Dhvsical condition will be made in de'
ier'mining actuat cash value at the time
of the loss.
c. lf a reoair or replacement results in bet-
ter than like kind or quality, we will not
pay for lhe amount of the betterment'
Deductible
a. lf /oss to lhe audio, visual or data elec-
tronic equipment or accassories used
with this' equipment is the result of a
loss to the covered auto under this
Coverage Form's Comprehensive or
Collision Coverage, then for each cov-
e@d auto our obligation to pay for, re-
Dair, return or replace damaged or sto'
ien orooertv will be reduced by the ap-
olicable deductible shown in the Dec-
iarations. Any Comprehensive cover-
age deductibie shown in the Declara-
tions does not apply to /oss to a'rdio
,Lrat or data 'eiectronic equiPment
caused by llre or lightning.
lf ,oss to the audio, visual or data elec-
tronic equipment or accessories used
*it, tt 's equipment is the result ot a
toss to tha covered aulo under this
Cor"tuo" Form's SPecified Causes of
Loss C-overage, then for each covered
aufo our obligalion lo pay for, repair,
return or replace damaged or stolen
pioperty will be reduced by a $100 de-
ductible.
lf loss occurs solely to the audio, visual
or data electronic equipment or acces-
sories used with this equipment, then
for each covered auto our obligation to
oav for. reoair, return or rePlace
bamageO or stolen property will be re-
duced by a $100 deductible.
ln the evenl that there is more lhan one
aoolicable deductible, only the highest
JLbrctiote will apply. ln no event will
more than one deductible aPPlY.
8. Original Equipment Manufacturer EleG-
tronic EquiPment Coverage
ln addition lo the coverage provided above'
*e *itt "tso
pay, with respect to a covered
rois. the actual- loss sustained to electronic
eo.riomenl oermanently installed in the loca-
tion'orovidbo for such equipment by the
orioinal manufacturer of lhe aulo but only
witih respect to a covered aulo.
Deductible
A deductible applies to this coverage' Refer
to paragraph L Deductible Applicable to
o.ioinat touioment Manufacturer Electronic
Eo,lioment. Fuel in Vehicle and Miscella-
netus Equipment Used With Covered Ve-
hicle Coverages.
9. Rental Reimbursement, Business lncome
and Extra Expense Coverage
Limits
The most we will pay for all /oss for each
covered aulo involved in any one accident
for Rental Reimbursement' Business ln-
come and Extra Expense combined is
$10,000.
Coverage
a. Rental Reimbursemenl Coverage
('l) We will pay lor expenses incuned
bv vou during lhe Peiod of rcstora'
ti6n for the rental ol an auto made
necessary because of a covered
loss to a covered aulo used in Your
business. The loss must be caused
bY a cause of loss covered under
b
c
d
(conlinued next Page)
Post Drilling lnc Policy #x47632
Section lll - Physical Damage Coverage para-
graph D Deduciible is replaced by the follow-
ing:
1. For each covered auto, our obligation to
pay for, repair, return or replace damaged
br'stoten iroperty will be reduced by the
applicable deductible shown in the Declara-
tibhs. Any Comprehensive Coverage de-
ductible shown in the Declarations does not
apply to /oss caused by flre or lightning.
2. For oombinations of tractor' truck, semi-
trailer or trailers when attached together by
coupling devices at the time of loss, one
deductible will aPPlY.
a. lf more than one auro of the combina-
tion is damaged or stolen, the largest
applicable deductible shown in the Dec-
larations will aPPlY.
b. lI only one auto of the combination is
damaged or slolen, the deductible
shown in the Declarations for that aufo
will apply.
3. The deductibles will not apply to /oss
caused by a collision of a covered auto with
any other auto insured bY us.
4. lf the insured chooses lo have a damaged
windshield or other glass repaired inslead
of replaced, no deductible will apply to the
loss.
H. Knowledge ot Claim or Suit
The following is added to the Duties in the
Event of Ac;ident, claim, Suit or Loss con-
dition:
Knowledge of an accident, claim, suil or /oss
bv an adent ot employee of any insured shall
n6t in ltsitf constilute knowledge of the insured
unless your partners, executive oflicers, direc-
tors, managers, members or a person who has-
been desig-nated by them to receive reports of
accidents, claims, suifs or /oss shall have re-
ceived such notice from the agent ot employee'
L Waiver of Subrogation for Written ContracB
The following is added to the Transfer of Rights
of Recovery Against Others to Us Condition:
We waive any right of recovery we may have-
against a person or organization because ol
oivments we make for bodily iniury ot propedy
'damage arising out of your use of a covered
auto which occurs while under a contract with
that person or organization. The waiver applies
only to a person or organization with whom you
have a written contract or agreement requiring
you lo waive the righl of recovery under this
iolicy. The wrillen contract or agreemenl must
have been executed prior to the accldenl caus-
ing bodily iniury or propefty damage.
J. Worldwide Coverage Territory for Hired
Autos
The following is added lo paragraph 87 of Sec-
tion lV - Business Auto Conditions:
With respect to aulos hired for 30 days or less'
the coverage territory is extended to includa all
oarls of th6 world tt the insured's responsibility
io oav damaqes is determined in a suit in the
uniteo stateJ ot America (including its territor-
ies and possessions), Puerto Rico or Canada
or in a settlement we agree to.
K. Mental Anguish Coverage
The Definition oI bodily iniury is amended to
include mental anguish.
L. Oeductible APplicable to Original Equipm.elt
Manufacturei Electronic Equipment, Fuel in
Vehicle and Miscellaneous Equipment Used
With Covered Vehicle Coverages
1. lf loss to property covered by lhese exten-
sions is the iesuil of a /oss to lhe covered
aulo under this Coverage Form's Compre-
hensive or Collision Coverage, then for
each covered aulo our obligation to pay for,
reoair. return or replace damaged or stolen
orboertv will be reduced by the applicable
beduai'Ute shown in the Declarations' Any
Comprehensive Coverage deductible shown
in the Oeclarations does not apply to /oss to
property covered by an extension caused
by fire or lightning.
2. lf loss to property covered by lhese exten-
sions is the iesuit ol a /oss to the covered
auto under lhis Coverage Form's Specilied
Causes of Loss Coverage, then for each
covered aufo our obligation lo pay for, re-
oair. return or replace damaged or stolen
bropery will be reduced by a $100 deduct-
ible.
3. ln the event that there is more than one
applicable deductible, only the highest de-
du;tible will apPly. ln no evenl will more
than one deductible aPPIY.
M. Coverage Extensions Definltions
1. "8us,ness ,hcome" means the:
a. Net income (Net profit or loss before
income taxes) that would have been
earned or incurred if no /oss would
have occuned; and
b. Continuing normal operating expenses
incurred, including Payroll
2. "Extn expense" means those expenses you-
incur to ivoid or minimize the suspension of
business and to continue your business op-
erations.
3.'Liaht lruck" means a truck with a gross
veiicle weight of 10,000 pounds or less
4. "Miscellaneous equipmenf' means hand
(continu€d n€xt Pag€)