Milestone Construction Group Project #10618.BCONTRACT FOR PUBLIC WORKS CONSTRUCTION
W, WASHINGTON WATER & SEWER LINE REPLACEMENT
PROJECT # 10618,8
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 25th day
of April, 2017, 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
'C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642,and Milestone Construction
Group, LLC , hereinafter referred to aS "CONTRACTOR', whose business address is 4L62
N. Kitsap, Boise, lD 83703 and whose Public Works Contractor License # is 026389.
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 any work which is copyrighted by the Contractor, the City reserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any paft 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
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT page 1 ot 14
Poect 10618.8
INTRODUCTION
Whereas, the City has a need for services involving water & sewer line
replacements; 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 ol the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.'l 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 $574.814.50.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of lees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receiptof a correct invoice and approval bytheCity. TheCitywill not withhold any
Federal or State income taxes or Social Security Tax lrom any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 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 elfective 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, may terminate this Agreement by
giving written notilication to Contractor.
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT
Project 10618.8
page 2 ol 14
3.3 Should City f ail 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 100 (One hundred) 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 $500.00 (five hundred dollars) per calendarday. 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 130 (one hundred
thirty) 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 $500.00
(five hundred 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 any cause, CONTRACTOR, its officers, employees, or agents fails
to f ulfill 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 ol such termination and
specifying the effective date thereof at least fifteen (15) days before the eflective
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 tinished 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 ihis
W. WASHINGTON ST, WATER & SEWER LINE REPLACEMENT
Project 1 0618.8
page 3 of '14
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 otficer, 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 behall 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, off icers, 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 f urnish 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 otheruise unsatisfactory, that employee shall be removed from all
work under this contract.
L lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnity and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
W. WASHINGTON ST, WATER & SEWER LINE REPLACEMENT PAgE 4 O, 14
Proiecl 106'18.8
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 employee s. CONTRACTOR shall maintain, and specifically
S h will m ntain hr u hout the term ol this A reement liabil
insurance. in which the CITY shall be n a ed an additional insured in the minimum
amounts as follow: General Liabil ity 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 otficers, 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 oJ. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, 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 insurer with a Best's rating
of no less than A-.
9.3 Any deductibles, seliinsured retention, or named insureds must be declared
in writing and approved by the City. At the option ol the City, either: the insurer
shall reduce or eliminate such deductibles, selt-insured retentions or named
insureds; or the Conkactor 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
or the City's elected off icers, otf icials, employees and volunteers shall be excess ol
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
W, WASHINGTON ST. WATER & SEWER LINE REPLACEMENT
Project 10618.8
page 5 of 14
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.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's 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 pertorm any of the obligations hereunder shall constitute a breach of , and
a default under, this Agreement by the party so failing to pedorm.
11. Bonds:
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years f rom 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 inspection and subsequently
corrected will require an additional two (2) year warranty trom the date of City's
acceptance ol the corrected work.
13. Changes:
The CITY may, lrom time to time, request changes in the Scope ol 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.
page 6 of 14
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
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 peformance and payment bonds in the
amount of 100% 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 lor any
and all costs for the re-procurement of the contract services.
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT
Proiect 10618.8
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. MeridianStormwaterSpecifications:
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 Proiect N.O.T. with the EPA lorm
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 lnformation:
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.
W. WASHINGTON ST. WATEH & SEWEB LINE REPLACEMENT
Project '106'18.8 page 7 o( 14
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:/i www. meridiancity.orq/environmental.asox ?id= 1 36 '1 8.
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.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use ol Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
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 ol Attorney:
23
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT
Proiect '10618.B
Attorney Fees:
should any litigation be commenced between the parties hereto concerning this
Agreemeni, 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
page 8 of 14
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 3.1 , 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 afliliation, 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 tederal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide ldaho Residents:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice f rom its attorney's or the opportunity to seek such
advice.
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24, ConstructionandSeverability:
lf any part of this Agreement ls 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 moditication of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
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 Requestr
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 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
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 prior to 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.
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT
Project 10618.8
page 9 of 14
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.
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 Milestone Construction Group, LLC
Purchasing Manager Attn: Jerald O. Taylor
33 E Broadway Ave 4462 N. Kitsap
Meridian, ID 83642 Boise, ID 83703
208-489-0417 Phone: 208-921-1637
Email: taylor.milestone�?a gmail,com
Idaho Public Works License 4026398-B-1
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 MERIDIAN
BY: __-
TAMMY d E RD, MAYOR
Dated: '?'/ Z d017
MILESTONE CONSTRUCTION GROUP,
I
V-
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT page 10 of 14
Project 10618.8
5
Approved by Council: I / O�q/
7 -
Attest:
CJ COL , CIT LERK
Purchasing Approval
BY:
KEITH TTS/, Purchasing Manager
Dated:: - 2 % 1 `7
Project Manager
Jared Hale
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City of
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D4ENSTEVVART,
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BY:
WA City Engineer
Dated::��
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT page 11 of 14
Project 10618.8
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-l726.10618.8 ALL ADDENDUMS,
ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid
Package # PW-l726-10618.8, are by this reference made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Plans - W. Washington St. Sewer Line Replacement by
Civil Survey Consultants dated 1 1-8-2016 (12 pases)
Special Provisions by Civil Survey Consultants dated 1 1-8-
2016 ltoo pasesy
W, WASHINGTON ST. WATER & SEWER LINE REPLACEIVENT
Project 1061 8.B
page12of14
A
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$574,814.50.
MILESTONE DATES/SCHEDULE
Milestone 1 Substantial Completion 100 Days from Notice to Proceed
Milestone 2 Final Completion 130 Days from Notice to Proceed
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
W. Washington St. Water & Sewer Line Replacement project per IFB PW-1726-10618.8
52L81_{L50
Conlracl is a nol to exceed amounl. Line item pricing below will be used tor invoice veritication and any
additional increases or decreases in work requested by city. The Cily will pay the contractor based on
actual quantities ol each item ol work in accordance with the contracl documents.
Contract Pricing Schedule
Item No.Description Quantity Unit
205.4. 1 .8.1 .Dewatering LS $22,900.00
303.4.1.A.1 Exploratory Excavation
(Pre-Approval Bequired)16 HR $331.00
306.4. 1.D.1.lmported Trench Backfill, Type A (Pre-
Approval Required)
TO
N $18.50
307.4.1.E.1.Type C Surlace Restoration 45 $20.80
307.4.1.G.1.a Type P Surface Restoration -
Washington, 1st, Carlton & Cherry 1,699 $49.00
307.4.1.G.1.b.Type P Surface Restoration - NW 4th
Street 103 SY
307.4.1.H.1.Full Width Surface Restoration 1,059 SY $38.50
401.4.1.A.1.a.4" PVC, AWWA CgOO, DR18
Water Main 19 LF $49.00
401 .4.1 .4.1 .b 6" PVC, AWWA CgOO, DR18
Water Main 11 LF $69.00
402.4.1 .4.1 .c.8'PVC, AWWA CgOO, DR.I8
Water Main 551 LF $42.00
402.4.1 .4.1 .a.4" Gate Valve 1 EA $1,290.00
402.4.1 .4.1 .b.6" Gate Valve 1 EA $1,440.00
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT
Project 10618.8
PRICING SCHEDULE
NOT TO EXCEED CONTRACT TOTAL.
Unit Price
1
1,000
SY
SY
$43.50
page 13 o, 14
402.4.1 .A.1 .c B" Gate Valve 1 EA $1,760.00
404.4.1 .4.1.3/4"O Standard Water Service
Co nnection EA $2,050.00
501.4.1.B.1.8" PVC, ASTM D3034, DR35, Sanitary
Sewer Pipe 1,539 LF $49.50
48" Standard Sanitary Sewer Manhole,
Type A 7 EA $3,330.00
503.4.1.A.3.4" Sewer Service Cleanout 55 EA $347.00
504.4.1 .A. 1 .
4" PVC, ASTM D3034, Sewer Service
Pipe 3,679 LF $35.00
504.4.1.D.1.4" Sewer Service Connection to Main 36 EA $664.00
706.4.1.G.1.Concrete Repair ZJI SY $59.00
Staging Area 1 EA $8,120.00
1 003.4.1 .G.1 .Straw Wattle LF $7.00
1006.4.1.C.1.lnlet Protection 9 $123.00
1 103.4.1 .A. t.Traff ic Control 1 LS $12,500.00
2010.4..1 .A.1.Mobilization '1 LS $30,500.00
2020.4.1.F.1.Ref erence and Reset Survey
Monu ment J EA $400.00
SP.1 Lawn Sod Restoration 2,314 SF $3.50
Abandon Existing Water Main .)EA $s25.00
SP.3 Abandon Existing Water Service .)EA $525.00
SP.4 Connect Existing Water Lines to New
Water Service EA $621.00
SP-5 Abandon Existing Sewer Main 7 EA $711.00
SP-6 1" Water Service Line
(Main to Meter)zo LF $48.00
SP-7 Water Service Line
(Meter to Building)50 LF $30.00
SP-8 Locate Existing Service Line with
CCTV lnspection z EA $600.00
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT
Proiect 10618.8
page 14 of 14
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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: A+
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
N/A N/A N/A N/A
Existing 26398 12/31/2017
I. PROJECT INFORMATION
5/2/2017 4/26/2018
N/A
FY17
4/28/2017 PUBLIC WORKS
W. WASHINGTON ST. WATER & SEWER LINE REPLACEMENT
V. BASIS OF AWARD
4/14/2017 April 21, 2017
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
ONLY 1 BID RECEIVED
May 4, 2017
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
VII. TASK ORDER SELECTION (Project Manager to Complete)
5/1/2017
Award based on Low Bid Highest Ranked Vendor Selected
$574,815 Brent Blake
If yes, has policy been purchased?
Milestone Construction / Civil Survey Consultants
III. Contract Type II. BUDGET INFORMATION (Proj ect Manager to Complete)
60
3490/3590
95000
10618.B
TASK ORDER RFP / RFQ BID
Detailed Statement of Revenues
City Of l,l6ridi.n
pendilures - Rev and Exp Report
Report
xeV- unpostea rransactions rncluded rn
3{90 - Wat€r ConatrucLion Project!
50 - Entertr liae Eunal
Eron 10/1/2016 Through 9/30/2011
Budget with
Amendment s
Current Year
Actual
Budget
Renaining
Percent of
Budget
Remainlng
699,999.96
5,408.00
0.00
0.00
699,999 .96
5,408.00
100.00r
100.008
95000
10135.a
10366
10366.b
10445,a
10 515
10515. a
10515 . d
10 520
10520. b
1057 0
105?4. a
1057?
10577.a
105 94
10618 . a
10708 . a
Capital Outlay
Service Line/Maln
Replacement
Sewe! Line Replacement at
Gregory Lift Station -
Pre-Design
Five Mi-1e Trunk Relief
8th Street Pa!k
Five Mile Trunk Relief and
Eater Line Repl,acenent at8th Str
Water Main Replacement -Heidi Place - W Klnra to
End
Water and Sewer Line
Replacements, Nw 2nd street
Waterline Replacements, NW
2nd St. - Railload St to
200, N o
NW 2nd Street Wate! and
Sewer Line Replacement
Constructio
Waterline
Efm Pf, N
Wate rline
EIm Pl, N
Constru
Repfacement - ti.
Linder to End
Repfacement - w.
Linder to End -
Waterline Replacement
Rose Cir. - Sw 1st S!
Sw lst
S.
!o
Waterline Replacement W.
Wash-ington, W. Carfton
Water and Sewer Line
Replacement - E. Pine Ave
- Meridian Rd
Water and Sewer line
Replacement - E. Pine Ave
- Meridian Rd
Waterline Repfacenent - E.State Ave. - Mer:idian Rd.
tONE2
Sewer Line Replacement -llest l{ashiDgton St - NW
4th to NW 1
4, 4 46 .95
137,535.56
13t266.O0
0.00
1,533.00
26,A94.65
0. 00
16, 143. 85 )
35t240 -O0
44,20'7.0O
0. 00
24,542.25
0. 00
9,000.00
49,155.00
158,103.29
(13?,536.56)
(13,266.00)
35,995.93
(1,533.00)
\26,494-6s)
6,144 -97
5,143-85
(35,240.00)
(40,207.00)
43.35
t24,542 -25)
8, 378.95
(9,o0o.oo)
(49,155.00)
172t 55O.24
0.00
0.00
36,995.93
0. 00
0,00
6,744.91
0. 00
0.00
0. 00
43. 3s
0.00
8, 3?8.95
0.00
0. 00
9'1 - 42\
0 .009
0.00*
100. 00t
0 .00*
0.00*
100. 009
0 .00*
0.00s
0. 00r
100. 009
0.00*
100. 00t
0.00c
0. 00*Water Main Replacement
Pine Ave NW 1st to Ni{ 3
Design
Total Capital Outlay 63.89?
TOTAI EXPENDITURES
929 527.34 _____1::.,511-:-6
335 | 6',71 .56
Date. 3/9/11 09:12:36 AM
929 521.34 63.89:
Detailed Statement of Revenues "lt+f*p
Selier Line Replacement -
West Washington St - NW4th to Nw 1
Ci.ty Of t eridien
enditures - Rev and Exp Report Xe
Repo r t
3590 - ll'l Construction Proj€ctg
60 - Ente4>!ia6 lUnd
Fta]il lA/7/2016'throvqh 9 / 30 /207'7
unposted Transactrons Included In
95000
10135-a
10366
10366.b
10515
10515.b
10515.d
10577 . a
10594
10 613
10613.b
10 618
10618. a
107L5.a
10721,A
Capital Outlay
Selvice Llne/Main
Replacement
Sewer Line RepLacement at
Glegory Llft Station -
Pre-Design
Eive Mile Trunk Re1ief -8th Street Park
Eive Mile Tlunk Relief and
Vlater Line Replacement at
8th Str
Waler and Sewer Line
Replacements, NW 2nd Street
Sewer Main Repf acements,
Nw 2nd St. - Ralfroad Stto 200' N
NW 2nd Street llater and
Sewer Line Replacement -Const!uctio
Water and Sewe! Line
Repfacement - E. Pine Ave
- Meridian Rd
Waterline Replacenent - E.
State Ave. - Meridian Rd.toNE2
Budget with Current Year
ActuaI
Budget
Remaining
Percent of
Budget
Remaining
1,500,000.00
19,000-00
0. 00
0. 00
1,500,000.00
19,000.00
100.00t
100.00r
Serer Line Repfacement - E
Washington and Carlton St
East washington & Carlton
Sewer Main Replacenent
Sewer l-ine Replacement -
West Washington St - NW
4th to Nl{
550,000.00
0. 00
37,000.00
0.00
0. 00
0. 00
64,000,00
75,000.00
0. 00
't2,355 - 41
0.00
0 ,00
0.00
2,495.24
32, t65.63
0.00
524.O4
14,304.46
43, 41',7 .L0
0 ,00
0.00
425 , 408 .35
0.00
3,095.74
11,978.00
32,855.00
541 ,104.16
(32,165.63)
37,000.00
t624.08)
(14,304.46)
(43,41?.10)
54,000.00
75,000.00
(425,408,35)
'7 2, 355 .41
(3,096.74)
(11,978.00)
(32,855.00)
99.479
0 .00r
100.00$
0.00t
0.00t
0 .00*
100.00t
100.00t
0 .00s
100.00*
0.00r
0 ,00*
0. 009
E Williams st Seuer Maih
Replacement
Sewer Main Replacenrent Nli
1st street - Design
Total Capital Outlay
TOTAL EXPENDITURES
2,317,355.41 566 144 - 64 1,750.610.81 15.54?
2 37',7 355.41 566 '144.60 I 750 610 . 81
Datet 3/9/t'1 09:13:02 AU
'75.541
Document A312rM - 2010
Conforms with The American lnstitute of Architects AIA Document 3'12
Pertormance Bond
CONTRACTOR:
(l\'ane. legal status and address)
Milestone Construclion Group, LLC
4462 N Kitsap
Boise ldaho 83703
CONTRACTOR AS PRINCIPAL
Company:
Milestone Cons ction G p, LLc
CONSTRUCTION CONTRACT
Dar,c: 412512017
BOND
Date: 412512017
(Nol eorlier than Construction Contract Date)
suRETy: Bond No 810413P
(liame, legol slatus and principal place ofbusiness)
Developers Surety and lndemnity Company
17771 Cowan
lrvine, CA 92614 This doqrmenl has importanl legal
consequences. Consultation with
an attomey is encouraged with
Mailing Addl€ss for Notices respect to its comptetion or
Developers Surety and lndemnity Company modifcation.
Attention: Surety Claims Department Any singutar reference to
1001 4th Avenue, Suite '1700 Contractor, surety, owner or
Seattle, WA 98'154 other party shall be considered
plural where applicable.
Amount: $574,814.50 Five Hundred Seventy-four Thousand Eight Hundred Fourteen Dollars And Fifty Cents
Description:
(Nane and location)
W Washington Water & Sewer Line Replacement Project #'10618.B
Modilications to this Bond I None E See Section 16
Sign
Narn (hl,^_
SURETY
Company: (Corporate Seal)
Developers Surety and lndemnity Company
l itle
L Jayo-Attorney-in-Fact
Si
N
(e-<,-i
(Any additional signatures appear on lhe lost page ofthis Performance Bond.)
(FOR INFORMATION ONLY Name, address and telephone)
AGENT or BROKER:
Higgins & Rutledge lns
PO Box 8567
Boise ldaho 83707
208-343-77 41
OWNER'S REPRESENTATIVE:
l.lrchttect, Ln(il tt:r /)t otht:r poti:1
Page 1 of4
h
OWNER:
(Nane, legal slatus and address)
City of Meridian
33 East Broadway Ave
Meridian ldaho 83642
Amount: $574,814.50 Five Hundred Seventy-four Thousand Eight Hundred Fourteen Dollars And Fifty Cents
and Title:{
LMS I I852 C6/10
-i .\ -._ \i i'. -:
S I The Conlractor and Suret) . joindy and severally, bind themselves, their heirs, executors, administrators. successors and assigns tro the Ownq for
the performance ofthe Construction Conbac! whicl is incorporated herein by rcference.
$ rl l-ailure on the part ofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations, or release lhe Surety from ils obligations, except to the exte the Surety demonslrates actual prejudice.
S 5 When lhe Owner has satisfied the conditions ofsection 3. the Surety shall promptly and al the Surety's expense take one ofthe following etions
S 5,1 Arrange for the Contmctor. with the consent ofthe Owner, to perform and complete the Construction Contract;
S 5.2 Undcrtake lo perform and completc the Construction Cont act itsclf, through its agents or independent contractors;
$ 5.3 Obtain bids or negotiated proposals from qualified cantractors acceptable to lhe O\rner for a contract for p€rformance and completion of lhe
Construction Contrac! arange for a contact to be prepared for execution by the O\mer and a canLr&tor seleded wilh the O\Nnels conorrrence, to be
secured with performance and payment bonds exeoted by a qualified surety equivalent to the bonds issued on tle Construction Co[trac! and pay to
the Owner tte arnount ofdamages as described in Section ? in excess of the Balanc€ oflfie Conlract Price incurrcd by the Owner as a rcsult ofthe
Conlractor Defaulu or
S s.il waive its right to pe orm and complete, amnge for completion, or obtain a new contactor and with reasonable promphess under tle
circumstances:
,l Afler investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the arnount is
determine4 make payment to the O\rner; or
.2 Deny liability in whole or in part and notify tie Owner, citing the reasons for denial.
S 6 Ifthe Surety does not pmceed as provided in Section 5 wi6 reasonable pmmptness, the Suety shall be deemed to be in defallt on lhis Bond
seven days after receipt ofar additional written notice fmm the Owner to tle Surety demanding that the Surety perform its obligations und6 this
Bond, and the Owner shall be entided to enfor.e any reftedy available to lhe O\rner. Ifthe Surcty proceeds as provided in Section 5.4, and the
Owner refuses tle payment or lhe Surety has denied liability, in whole or in par! without funher notice the Owner shall be entitled to enforce any
remedy available to the Owner.
LMS11A52 Ca/j0
Page 2 o14
$ 2 Ifthe Contractor performs the Construction Contrac! the Surety and the Coilractor shall have no obligation under this Bond, exceF when
applicable to panicipate in a conference as provided in Section 3.
$ 3 lftherc is no Owner Default under the Construction Contmct, lhe Surety's obligation under this Bond shall arise after
.l the Owner first provides notice to the Contmctor and the Surety that the Owner is considering declaring a ConFactor Default. Such
notice shall indicate whether the Owner is rcquesting a conference among the Owtrer, Contractor and Surcty to discuss lhe
Contractor's performance. Ifthe Owner does not request a conferene, the Surety may, within five (5) business days after receipt of
the Owner's notice, rcquest such a conferenc€. Ifthe Surcty timely requests a conference, the O$,ner shall attend. Unless the Owner
agrces otherwise, any confercnce requested under fris Section 3.1 shall be held within ten ( l0) business days ofthe Surety's recaipt
ofthc Ownels notice. lfthe Owner, the Contr&tor and the Surety agree, the Contractor shall be allowed a reasonable time to
perlorm fie Construction Contrac! but such an agreement shall not waive the Owne/s righ! ifany, subsequendy to declarc a
Contractor Default
.2 the O$ner decbres a Contractor Default, terminates lhe Consfuction Contret arld notifies lie SurEty; and
.3 the Owner he agreed to pay the Balance ofthe Contract Price in accordarce with the terms ofthe Consfuction Contmct to the
Surety or to a conEactor selecbd to perform the Construction Contmct.
5 7 Ifthe SurEty elects to act under Section 5.l, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner $all not be greder than those ofthe
Contractor under the Construction Contracl. and the responsibilities ofthe Owner to lhe Sureq shall not be geater than those ofthe O\r,ner under the
Construction Contract. Subject to the commitment by the Owner to pay the Balance ofthe Contact Price, the Surcty is obligated, without
duplication, fot
.1 fie ,esponsibilities ofthe Contractor for correction ofdefective work and completion ofthe Construction Contract;
.2 additional legal, design professional and delay costs resulting fiom the Contractols Defaul! and rcsulting from the &tions or
failure l,o act ofthe Surety under Section 5; and
.3 liquidated damages, or if no liquidated darnages are specified in the Co6truction Cont-ac! actual damages caused by delayed
performance or non-performance of the Conlrator.
$ 8 Ifthe Surety elecs to act under Section 5.1, 5.3 or 5.4, fte Sulety's liability is limited to the anount of this Bond.
5 9 The Surety shall not be liable to the Own€r or others for obligations ofthe ContEcto. that are uffelded to the Consfuction Contr&t, and the
Balance ofthe Contract Price shall not be rEduced or set offon account ofany such uorelded obligations. No right ofaction shall accrue on this
Bond to any person or entity other than the Owner or its heirs, execlltols, administraloIs, successors alrd assigns.
S 10 The Surety hereby waives notice of any change, including dranges of time, to the Constsu.tioo Contract or to related subcont acts, purhase
orde6 and other obligations.
S l l Any proceeding, legal or equitrable, under this Bond may b€ inslituted in any courl of compel€ntjurisdiction in the location in which the work or
pan of the woft is located and shall be insituted within t\i,,o yeals after a declamtioo of Contractor Default or within two years after the ContrrEtor
ceased working or within two yea$ after the Surety refuses or fails to perform its obligations under this Bond, whidrever occurs first. lfthe
provisions ofthis Paragraph are void or prohibited by law, $e minimum period oflimitation available to sureties as a defense in thejurisdiction of
the suit shall be applicable.
S l2 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which lheir signahrre
appears.
S'14.2 Construction Contract. The agreernent behveen the Owner and Contractor identified on lhe cover page, including all Contract Documents
and changes made to fie agreement and lhe Contract Documents.
S 1i1.3 Contractor Default. Failure ofthe Conuactor, which has not been remedied orwaived, to perform or o$erwise to comply with a material
term ofthe Construction Contract.
S I il.4 Owner Oefault Failure ofthe Owner, which has not been rcmedied or waived, l,o pay the Contretor as rcquircd undq the Conslruction
Contract or to perform and complete or comply with the other material teams ofthe Constructron Contsact-
S 14.5 Contracl Documents, All lie docurncnts that comprise the agrcement between the Owner and Contractor
$ 15 Ifthis Bond is issued for an agreement between a Contmctor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owna shall be deemed to be Contractor.
1M911852@/10
Page 3 of4
S'13 When this Bond has been lumished to comply with a statutory or other legal requircment in ihe location where lhe construction was to be
performed, any provision in this Bond mnflicting with said statutory or legal requirEment shall be deemed deleted hereftom and provisions
conforming to such statuiory or other legal requirement shall be deemed incorpomted herein. When so fumished, $e intent is that this Bond shall be
construcd as a staiutory bond and not as a common law bond.
S l,l Definitions
S 14.'l Balance of the Contract Prico. The total amount payable by the Owner to the Contractor under the Consfuction Conract afler all proper
adjustrnents have been made, including allowance to the Contractor ofany anoturts rcceived or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contraclor is entitled, reduced by all valid and proper payments made to or on behalfofthe
Conlractor under the Const ction Conracl
S 16 Modifications to tris bond are as follows:
(Spoce is pro'ided belo lor additional signatures ofadded Wrties, other than those appeating on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corpotate Seal) Company:
Signature:SiBnature:
(Coryorote Seol)
Name and Title:
Address
Narne and Title
Address
LM$11852 Ca/10
Page 4 of4
Document A312rM - 2010
(A4t additional signatures appear on the last page Paymenl Bond.)
Payment Bond
CONTRACTOR:
(Nane, legal status and address)
Milestone Construction Group, LLC
4462 N Kitsap
Boise ldaho 83703
-Rr€.
(FOR ltil"Oh\l/1T|ON ONLY - Name, addrcss
AGENT or BROKER:
Higgins & Rutledge lns
PO Box 8567
Boise ldaho 83707
208-343-77 41
Bond No 810413PSURETY:
(Name, legal slalus and principal ploce ofbusiness)
Developers Surety and lndemnity Company
'17771 Cowan
lrvine CA 926'14 This document has important legal
consequences. Consultalion with
an altorney is encouraged with
Mailing Address for Notices respecl to its completion or
modification.
Developers Surety and lndemnity Company
Attentaon: Surety Claims Department
'1001 4th Avenue, Suite 1700
Seattle, WA 98154
Any singular reference to
Contraclor, Surety, Owner or
other party shall be considered
plural where applicable.
CONSTRUCTION CONTRACT
Date: 412512017
Amount:$574,814.50 Five Hundred Seventy-four Thousand Eight Hundred Fourteen Dollars And Fifty Cents
Description:
(Nane and location)
WWashington Water & Sewer Line Replacement
Project # 10618.8
BOND
Datet 412512017
(Nol earlier than Construction Contract Date)
Amount:$574,814.50 Five Hundred Seventy-four Thousand Eight Hundred Fourteen Dollars And Fifty Cents
Modifications to this Bond: I None E See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Cotpotate Seal)
Milestone Construction Group, LLC Developers Surety and lndemnity Company
S
Name amc Staci L Jayo- Attorn act
and Titlc:
)si
OWNER'S REPRESENTATIVE :
(Architect, Engineer or other party)
LMS12149 6/tO Page 'l of4
?.
OWNER:
(Nane, legal statxs ahd address)
City of ireridian
33 East Broadway Avenue
Meridian ldaho 83642
Conforms with The American lnstitute ofArchitects AIA Document 312
trZ--
Title:
s ....'.'.::--'\'
1.. ": -:'--.
S 1 The Contractor and Surety, jointly and severally, bind themselves, their h€irs, executori administrators, successors ard assigns to the Owner to
pay for labor, materials and equipment furnished for use irl the performance ofthe Constsuction Conret, which is incorpomted hercin by rcfercnce,
subject to the following terms.
S 2 Ifthe Contractor promptly makes payment ofall sums due to Claimants, and defen&, indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or eotity seeking paymcnt for labor, materials or equiprnent fumished foruse in the performance ofthe
Consruction Contmc! then the Surety and the Contractor shall have no obligation under this Bond.
S 3 Ifthere is no Owner Default under the Construction Contmct, the Suretys obligation to the Owner undertlis Bond shall arise afler the Owner
has promptly notified the Contractor and the Sureo/ (at the address described in Section l3) ofclaims, demands, liens or suils against the Owner or
lie Owner's propeny by any person or entity seeking payment for labor, materials or equiFnent fumished for use in the performa.nce ofthe
Consruction Contract and tendered defense ofsuch claims, demands, liens orsuits to the Contractor and the Surety.
5 4 When the Owner has satisfied the conditions in Section 3, the Surety shallpromptly and at the Surety's expense defen4 indernniry and hold
harmless the Ormer against a duly tenderrd claim, demand, lien orsuit.
$ 5 The Sureg's obligations to a Claimant under lhis Bond shall arise after the following:
S 5.1 Claimants, who do not have a direct mnthct with lhe Contractor,
.l have furnished a written notice ofnon-payment to the Contreto( stating with subslantial accumcy the amount claimed and lhe
name ofthe pany to whom the materials werc, or equipment was, fumished or supplied or for whom the labor was done or
performed, within ninety (90) days after haviog last performed labor or last fumished materials or equipment included in lhe Claim:
and.2 have sent a Claim to the Surety (at the address described in Section l3).
$ 5.2 Claimants, who are employed by or have a dircct contract wilh lhe Contractor, have s€nt a Claim to the SurEty (at the addrcss described in
Section l3).
S 6 lfa notice of non-payment required by Section 5.1.1 is give[ by the O$!er to dle ConlEctor, that is sufficient to satisry a Claimant's obligation
to fumish a written notice ofnod-payment und6 Seclion 5.1.l.
$ 7 When a Claimant has satisfied dle conditions ofsections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at lhe Surct/s
expense take the following actions:
$ 7.1 Send an answer to tle Claimant, with a copy to the Owner, within sixty (60) days aier reoeipt ofthe Claim, stating lhe amounls that are
undisputed and the hasis for challenging any amounts that ate disputed; and
$ 7.3 The Surety's failure to discharye its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver ofdefenses lhe
Surety or Conractor may have or acquire as to a Claim, excep as to undisluted anounts for which lhe Surety and Claimant have reached agreenrcnt
If, howevel the Surety fails to discharge iti obligations under Section 7.t or Section 7.2, the Surety shall indernniry fte Claimant for the rcasonable
aftomey's fees the Claimant incurs thereafter to recover any sunrs found to be due and owing to the Claimant.
S 8 The Surety's total obligation shall not exceed the amount ofthis Bond, plus the arnount ofreasonable attomey's fees provided under Section 7.3,
and the amount ofthis Bond shall be oeditcd for any payments made in good faith by the Surety.
S 9 Amounts owed by the Owner to tie Conuactor under the Construction Contract shall be used for the performance of the Consruction Contract
and to satisry claios, ifany, under any construction performance bond. By the Confactor fumishing and lhe Owner accepting this Bond, they agree
that all funds eamed by the Coftactor in the performance ofthe Constsuction Contract arc dedicated !o satisry obligations ofthe Contretor and
Surety under this Bond, subject to the Owner's priority to use dte funds for the completion oflhe work.
LMS 12149@/10
Page 2 ol 4
$ 7.2 Pay or arange for pa]ment ofany undisputed amounts.
$ l0 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Conlract.
The Owner shall not be liable for the payment of any costs or expenses ofany Claimant under this Bond, and shall have under this Bond no
obligation to make payments to. or give notice on behalfof, Claimaflts or otherwise have any obligations to Claimans under this Bond.
S 11 The Surety hereby waives notice ofany change, including dra[ges oftime, to lhe Construclion Contract or to related subcontracts, purchase
orders and other obligations.
S 12 No suit or action shall b€ cornmenced by a Claimant under this Bond other lha, in a court ofcompctentjurisdiction in the state in which the
projecl that is the subject ofthe Construction Contract is located or after the expimtion ofone year from the dare (l) on which the Claimant sent a
Claim Lo thc Surety puBuant to Section 5.1.2 or 5.2, or (2) on which the last labor or sewice was performed by anyone or the last materials or
equipment werc lumished by anyone under the Consfuction Conlract, whichever of( l) or (2) first occurs. IIthe provisions ofthis Paragraph are void
or prohibited by law, the minimum period ollimitation available to sureties as a defense in 6ejurisdiction oftle suit shall be applicable.
$ 14 When this Bond has been fumished to comply with a statutory or other legal requirement in the location wherc the conslruction was to be
performed, any provision in his Bond conflicting with said statutory or legal requitement shall be deerned deleted herefrom and provisions
conlorming to $ch statutory or other legal requirement shallbe deemed incorporated herein. When so fumished, dre intent is that this Bond shall b€
consuued as a statutory bond and not as a common law bond.
$ l5 Upon request by any p€rson or entity appearing to be a potential beneficiary ofthis Bond, the Confactor and Owner shall promptly fumish a
copy ofthis Bond orshallpermit a copy to be made.
S '16 Definitions
S l6.l Claim. A written statement by the Claimant including d a minimum:
,l the nameofthe Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment fumished;
,3 a copy ofthe ageement or purchase order pu.suant to which labor, materials or equipment was fumished for use in the
performance of lhe Construction Confact;
.l a briefdesoiption oflhe labor, materials or equipment fumished;
.5 the dale on which the Claimant last performed labor or last fumished rnaterials or equipment for use in the performance ofthe
Construction Contract;
.6 the lotal amount earned by the Claimant fo. Iabor, materials or equipment fumished as ofthe date ofthe Claim;
.7 the lotal arnount ofprevious payments rcceived by the Claimant; and
.8 the total amount due drd unpaid to the Claimant for labor, materials or equipment fumished 6 ofthe dde of the Claim.
S 16.2 Clalmant. An individual or entity having a direct contract with lhe Conh&tor or with a subcontmctor ofthe Contractor to fumish labor,
materials or equipment for use in the performance ofthe Construction Contract. The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien orsimilar statute against the real prope(y upon which the hoject is located. The intent
ofthis Bond shall be to include without limitation in the lerms "labor, materials o. equipment" that pan ofwater, gas, power, light, heat, oil, gasoline,
telephone service or rental equipmenl used in lhe Consfuction Contrct, architectural and engineering services required lor performance ofthe work
ofthe Contmctor and the Contracto/s subcono"ctors, and all other items for which a mecharic's lien may be asserted in lhejurisdiction where the
labor, materials orequipment were fumished.
S 16.3 Construction Contract. The agreement between the O\ rerand Contmctor identified on the cover page, includinS all Conract Documents
and all changes made to the ageernent and the Contret Documents.
LMS12149CB/10 Page 3 of4
S 13 Notice and Claims to the Surety, the Owner or the Conlnctor shall be mailed or delivered to the address shown on he page on whidr their
signature appears. Actual receipt ofnotice or Claims. however accomplished, shall be sulficient compliance as ofthe date received.
I g 16,4 or ner OefaulL Failure ofthe Owner, which has not been rcmedied or waived, to pay the Contr&tor as requircd und€r the Construction
Contract or to perform and complete or comply with the other material tems ofthe Constnrction Conract.
S 15.5 Contract Oocuments. All $e docurnents thal comprise the agreement between the O$ner and Conlraclor
$ 17 lfthis Bond is issued for an agreemcnt between a Contmclor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Conbactor.
S l8 Modifications to this bond are as follows:
(SWce is ptovided below Ior additional signattes ofadded prties, other than those appearing on the cover Wge)
CONTRACTOR AS PRINCIPAL SUREW
Company: (Cotporute Seal) Company:(Corporate Seal)
Signature:Signature
Namc and Title
Address
Name and Title
Address
1MS12149 Gn0 Page 4 ol 4
POWER OF ATTORI{EY FOR
DEVELOPERS SURETY AND INOE]I'INITY COMPANY
lllDEtriNlw COMPANY OF CALIFORNIA
P0 Box 19725, lRVlNE, CA92623 (949)2693300
tN WTNESS WHEREoF, DEVELOPERS SURErYAND INoEMNITY Co|!4PANY and INDEMNITY Co|\4PANY 0F CALIFoRNIA have severally cau&d these presenb to be signed by
thei rcspectve oflicers and alested by heir respeclive Secretary or Assistant Sesetary this 6lh dE of February, 2017.
KNOW ALL 8Y THESE PRESENTS hal except as expressly limited, oEVELoPERS SURETY AND INDEMNrY Col\fANY and INDEMNITY CoMPANY 0F CALIFoRNIA, do each
hereby ma*e, constiMe and appornl:
'*'Rodney A. Higgins, Gail A. Johnson, Staci L. Jayo, Greg Swenson, Tracy L. Forsythe, jointly or severally"'
presenb, are h€reby raiifed and conlimed.
I} s Po*€r of Atomey b gEnted and is s(lngd by ta6imi6 und€r ad by auhcrity ol fte folloxirg nsoblbns adopted by 0r respclire Eoants of tliectots oa D€VELoPERS SUREIY
ANo INDEMNfrY CoMPAi{Y and INDEMNITY CoMPNY 0F CAI-|FoRN|A, efiediv€ as ofJarudy lsl 2008.
RESoLVEo, that a co.nbimlioi of any tno ot t|6 Chdma of he Boad, fte PrEsrlent ErcoXive ViceBesident S€r$q Vrc+Presftrer[ o. any Urcs Pnskl€nt of hs
co.pordbns be, and tlat ead of hqn he@by b, afto.iz€d to ereqrb hb Po*er ol AtofiEy, qudifying tte adDrney(, narcd h he Power ofA[omey b exoqrb, oo bdaf oa he
co.poraliorc, bonds, un&itakhgs and coofacb d surctysNp; and tEt tE Seolt yo. ay Asistrlt Se.rebry d sihsr dhe m.poralirns be, and ead d tEfi h€reby b, afiorized
to atest Ule executbn d any sudr Pow€a of Atorney:
RESoLVEo, FURTHER, hat he signalures of sud offcers may be affxed to any slch Potrr ofAtomey or to ary certificate relating hereto by ta6imile, and any $rdr
or confacl of suretyship to which it is at6ded.
By:
By:
DarlelY"{,rrg, SenbrVrcePresident /,r'U_TC_
Ma* l"ansdon, VicePresidenl
1936 ocr. 5
r967
A nolary public or other ofiicer completing this certifcate verifes only the identity ofthe individual who signed the
document lo which this certificate is attached, and nol the lruthtulness, accuracy, or validity ofthat documenl.
February 6.2017 bs{uo m€,0L
Llcille Raymond, Notary Public0n
Personally appeared
8d. hen N@ ad nuo or UE Ofts
DanielYoung and l\,4ark Lansdon
2
By:
LUCILTE
Col'lmiirioo ,20!19{5
Not.ry Puuic - Ctlllomlr
0nn0o Coudy
Comm.oct I 8
Place Notary Seal Above
This Certi,icale isexecuted in lie City oflrvine, Califomia, dl
.E(3)dsq'<r)
nfio Foved to rlE oo he ba6b d satisbctuy aideice b be tB p€ison(s) whm nam(s) iJ€Js sutocrib€d
h tro f,ihin nEhfi€r{ ad adnodedg€d b me fiat he/*E&ey eleqied tE sarne in hMer/.6eir au$qized
c+adty(r€s), and uld by hi{he/thei signdJre(s) on he hstument he p{rso.{s), or he qt'ty eon bdrff ot
f,hirr ho D€rsor{s)aded, o(eqrted he instufirdrt
I corlity uode{ PENALTY 0F PER.,URY under tle la$,s of he Slate of Calibrda hd he foregoirg paragraph is
hre and coarect
Y'/ITNESS my ha.rd and olfrid seal Hilkjl,tut
The undeGigned, as Secretary or Assislant Secretary ol DEVELoPERS SURETYAND lNDEI,4N|TY CoMPANY or INoEMNITY CoMPANY 0F CALIFoRNIA, does hereby
said corpo.alrons set fodh in 6e Power ofAttomey are in lorce as of fie date of this Certifcate.
Lui@.t-*t*
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ocr. 5
1987
. rtx(lrs-x\\-J:
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day of
State of Cdilomia
County of orange
Signaturc
CERTIFICATE
AlS-1002 (02/17)
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Fees $325 00
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026398
12./1512016
1?]3112017
PUBLIC IA/ORKS
I
ACTIVE
Mil6tono Co.rsfildion Group LLC
(208) 921-1637
https://web.dbs.idaho.gov/etrakit3/Custom/Idaho_publicworksSearchRslts.aspx 514t20t7
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IDAHO SECRETARY OF STATE
Viewing Business Entity
MILESTONE CONSTRUCTTON GROUP, LLC
4452 N. Kitsap Wy
Boise, ID 83703
Type of Business: LIMITED LIABILITY COMPANY
Status: EXISTING 22 May 2O].5
State of Origin: IDAHO
Date of 02 Aug 2011
Origination/Authorization :
Current Registered Agent: JERALD O TAYLOR
4452 N KITSAP WY
BOISE, ID 83703 8370
File Number: W105511
Date of Last Annual Report: 28 Jun 2016
Annual Report Due: Aug 2077
Original Filing:
Filed 02 Aug 2011 CERTIFICATE OF
ORGANIZATION
Amendments:
Amendment Filed 22 May REINSTATEMENT
2015
Amendment Faled 22 May OTHER -
2015 DELETE ONE
MBR/MGR
Annua! Reports:
Report for year 2016 ANNUAL REPORT
Report for year 2015 REINSTATEMENT
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Lawerence Denney, Secretary of State
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DAIE(T /DOTYYYY)
512t2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOT{ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS
CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY ATIENO, EXTEND OR ALTER THE COVERAGE AFFOROED AY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUII{G INSURER(S}, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IiiPORTANT: It the certificate holde, is an ADDITIOI{AL INSURED, tho policy(ioB) must hevs ADOITIONAL INSURED p.ovision3 or bo endor3od
lI SUBROGATION lS WAIVED, subject to the lerms and conditions ol lhe policy, conaln policies may requlrc an endoBoment. A statomont on
lhia ceniticato does not conler riohta to the certificate holder in lieu ol such endo.sementts).
Higgins & Rutledge lnsurance, lnc
166'1 Shoreline Dr., Suite 100
Boise lD 83702
liP\E",-,. 208-343-7741 IiI "",.
zoe-3as-g:zt
iillfl !.". WendyH@h igginsrutledge.com
INSURER(S ) AFFORDING COVERACE
rrsunen a BITCO General lnsurance Corp 20095
INSURED
Milestone Construclion
Group LLC
4462 N Kitsap Way
Boise lD 83703
MILES-1 rlrsunen e ,ldaho State lnsurance Fund 36129
A,CORif CERTIFICATE OF LIABILITY INSURANCE
1264203007
CANCELLATION
O 1988-2015 ACORD CORPORATTON. A[ .ights r6erved
The ACORD name and logo a.e registered marks ofACORO
RTI
City of Meridian
33 E Broadway Ave
Meridian lD 83642
SHOULD ATY OF TIIE ABOVE OESCRIBEO POLICIES BE CAI{CELLED BEFORE
THE EXPIRANON DATE THEREOF, NONCE WLL BE DELIVERED IN
ACCOROANCE WITH THE POLICY PROVISIONS.
ffi'>*-
CERTIFICATE HOLOER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO
INDICATED NOTWTHSTANDING ANY REOUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY 8E ISSUEO OR MAY PERTAIN. THE INSURANCE AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOW! MAY HAVE BEEN REOUCEO BY PAID CLAIMS.
x EACH OCCURRENCE s1 000.000
s 100 000
s5,000
PERSONALA AOV INJURY s1 000 000
GEN ERAL AGGREGATE $2.000 000
PROOUCTS . COMP/OP AGG $2 000 000
COMI'ERCIAf GENERAL LIA6IUTY
GEN'L AGGREGATE LIMITAPPLIES PER
x
LOC
OTHER
JECT
c1P3653045 51312017 51312014
5
$1,ooo ooo
s
BoolLY TNJURY (P6ra@d6nt)$
s
AU-TOMOBILE LIABILITY
OW'lEO
AUTOS ONLY
HIREO
AUTOS ONLY
SCI]EDULEO
AUTOS
NON OWNEO
AUIOS ONLY
c4P3653046 5tu2a17 5t3t2014
S
x X EACH OCCURRENCE $1,000,000
EXCESS LIAg
OCCUR
CLAIMS.MADE AGGREGAIE s1.000.000
DED RETENT ON 10 000
cuP 2813751 51312017 5t3t2014
s
X OTH-
E L EACH ACC DENT s100.000
E L OISEASE - EA EMPLOYE s100 000
I woRxERs coxPEnsanoN
AIIO EIPLOYERS' UABILITY
ANY PROPRIEIOR/PARft ER/EXECU'T VE
OFFICER/MEMBER EXCLUOEO?
OESCRIPTION
412612017 4t2612418
E L D]SEASE, POLCY LIM T 500 000
oESCRlPTlOll OF OPERA TIONS / L(rcAnO S / VEHICLES {ACORD i 01, Addition.l Rm.rlc S.h.dul., h.y 6. .tt .h.<t if 6oE .p.6 ir Eq!i6d)
Re: W. Washinglon St. Water & Sewer Line Replacement.
IW
ACORO 2s (2016/03)
hk
BODILY INJURY (P6T peMn)
X
tr
654015