L2 Excavation for Collection Equipment FacilityCONTRACT FOR PUBLIC WORKS CONSTRUCTION
COLLECTION EQUIPMENT FACILITY
PROJECT # 10734.rb
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this
day of May, 2017, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and L2 Excavation. LLC
hereinafter referred to as "CONTRACTOR", whose business address is 2817 Brandt Ave.
Nampa, ID 83687 and whose public Works Contractor License # is C -020467-A-4.
INTRODUCTION
Whereas, the City has a need for services involving COLLECTION
EQUIPMENT FACILITY; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows;
TERMS AND CONDITIONS
1. Scope of Work:
11 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, If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
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represents and warrants lhat it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions lhat
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties. either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
3. Term:
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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 9272 ,Z2l .AS.
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 Citywill paywithin 30 days of
receipt of a correct invoice and approval bytheCity. TheCitywill notwithhold any
Federal or State income taxes or Social Security Tax from any payment made bi
City to Contractor under the terms and conditions of this Agreement. payment oi
all laxes 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 entiiled by virtue of this Agreement
to consideration rn the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
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, may terminate this Agreement by
giving written notification to Contractor.
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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. Termination:
4.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents faits
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or slipulations 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 termlnation of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the ClTy may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. lndependentContractor:
5.1 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 ClTy. 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.
5.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
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5.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreemenl. 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 eniirely and
exclusively under the direction and supervision and control of the Contractor.
6. S ub-Contractors:
contractor shall require that all of its sub-contractors be licensed per state of ldaho
Statute # 54-1901
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 disorderry, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is othen,vise unsatisfactory, that employee shall be removed from ail
work under this contract.
8 lndemnification and lnsurance:
8.1 CONTRACTOR shall indemnify and save and hotd harmless ClTy and it's
elected officials, officers, employees, agents, and volunteers from and for an y and
all losses, clai ms, actions, judgments for damages, or injury to persons or property
and losses an d expenses and other costs including litigation costs and a ttorney's
fees, arising out of, resulting from, or in connection with the performan ce of this
Agreement by the CONTRACTOR, its servants, agents, officers,
guests, and business invitees, and not caused by or aristn g out of the tortious
conduct of CITY or its employees C ONTRACT OR shall mainta in. and soecifi cally
rees ha it will main tn throu e term of reem nl
lnsuran ce, in wh ich the CITY shall be na med an additiona I insured in the minimum
h
amounts as follow: General Liability One Million Dolla
or occurrence, Automobile Liability lnsurance One Mill
incident or occurrence and Workers' Compensation
limits as required by law.. The limits of insurance shal
rs ($'1 ,000,000) per incident
ion Dollars ($1,000,000) per
lnsurance, in the statutory
I not be deemed a limitation
of the covenants to indemnify and save and hold harmless ClTy; and if ClTy
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 costi 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
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employees,
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide ClTy 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 shatl immediately submit proof of comptiance 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.
82 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating
of no less than A-.
9. Time is of the Essence:
COLLECTION EQUIPMENT FACILITY
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8.3 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.
8.4 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 officers, officials, employees and volunteers shall be excess oi
the contractor's insurance and shall not contribute with contractor's insurance
except as to the extent of Cily's negligence.
8.5 The Contractofs 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 llability.
8.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
8.7 The limits of insurance described herein shall not limit the liability of the
contractor and contractor's agenls, representatives, employees or subconiractors.
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 party so failing to perform.
page 5 ol14
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.
14. MeridianStormwaterSpecifications:
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 lhe
amount of CONTRACTOR'S compensation, whlch are mutually agreed upon by and
between the CITY and CONTRACTOR, shail be incorporated in wiitten
amendments which shall be executed with the same formalities as this Agreement.
Taxes:13.
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. ihe
CSWMP manual containing the procedures and guidelines can be found at this
address: http:/lwww.meridian citv.orq /environntental.asp x?id= 13618.
contractor shall retain all stormwaler and erosion control documentation generated
on site during construction including the SWPpp manual, field inspections and
COLLECTION EQUIPMENT FACILITY
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10. 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 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 aisessed for any
and all costs for the re-procurement of the contract services.
11. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the city of Meridian acceptance per the lspWC 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 wananty inspection and subseguenfly
corrected will require an additional two (2) year warranty from the date of city's
acceptance of the corected work.
12. Changes:
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documenls 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 ofthe project.
15. ACHD:
16. Reports and lnformation:
16.1 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.
16.2 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.
17. Audits and lnspections:
At any time during normal business hours and as often as the ClTy 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.
18. Publication, Reproduction and Use of Material
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The ClTy shall have
unrestricted authority to publish, disclose and otherwise use, in whole orin part, any
reports, dala or other materials prepared under lhis Agreement.
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Project 10734..b
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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 Righlof-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.
19. Equal Employment Opportunity:
20. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (g5%) bona fide ldaho residents.
21. Advice of Attorney:
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 Tifle 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
local law, rule or regulation against any person on the basis of race, color, religion,
sex, nalional origin or ancestry, age or disability.
Each party warants and represents thal in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
22. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entifled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
23. 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.
24. 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 subsequenl breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
COLLECTION EOUIPMENT FACILIry
Project 10734.rb
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25. Entire Agreement:
26. Assignment:
27. Payment Request:
28. Cleanup:
29. Order of Precedence:
30. Compliance with Laws:
ln performing the scope of work required hereunder, CONTRACTOR shalt comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
31. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of ldaho, and the ordinances of the City of Meridian.
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.
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 ClTy.
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 thaithe 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 lhe Tax Commission.
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.
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The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
32. 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
L2 Excavation, LLC
Purchasing Manager
Attn: Eric Bird, Vice President
33 E Broadway Ave
2817 Brandt. Ave,
Meridian, ID 83642
Nampa, ID 83687
208-489-0417
Phone: 208-800-0330
Email eric@12excavation.com
Idaho Public Works License #020467-A-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.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian,
CITY OF MERIDIAN L2 Excavation, LLC
BY: BY: "ry
TAMMY de WEE MAYOR C c T61eo
U , p,
Dated: -5'/ '-_.../..- Dated:
—7
Approved by Council:� / I
Attest:
C,JAY OLE*�l CLERK
Purchasin Approval
BY:
KEITH, A TS, Purchasing Manager
Dated::�l0 1-7
Project Manager
Laurelei McVey
COLLECTION EQUIPMENT FACILITY
Project 10734,rb
P�eo AUGUST
2 City Of
��E IUTAN
�s ` SEAT .ae/
WARREN STEWART, City Engineer
Dated:: 5 t/ 7
Page 10 of 14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-17i9-10734.rb
ALL ADDENDUMS, ATTACHMENTS, AND EXHtBtTS inctuded in rhe
lnvitation to Bid Package # PW-1719-'10734.rb 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).
lnstall 60x80 pre fab metal shop building at Meridian WRRF site. Project
includes site work and paving work. Bid excludes installation of utilities
(water, electrical, HVAC, heating).
Contactor is responsible for all permits and inspections. The City of Meridian to
pay permitting fees.
General site map is provided. Contractor to verify all measurements
Supply, deliver, and erect one (1) metal building per the specifications listed
below.
Building Usage:. 5.5 Government, Admin, Service
Plans & Calculations:. 4 sets of stamped plans (Site, Foundation). 2 sets of stamped calculations. 2 sets of final record drawings
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paqe11of14
Metal Buildinq
Load & Design Criteria:. IBC-2O12 or most current. Occupancy/Risk Category ll. Roof Live 20 PSF. Ground Snow 20. Total Collateral 2.0. Wind Velocity 115 MPH
Size
60ft deep/80ft long
Eve height 16ft
Building Type:. Gable. Slope 1:12
lnsulation:. Walls R32, Roof R38. Vapor retarder fabric liner that is self-extinguishing and mmplies
with ASTM 1 1 36, Types I through Vl; NFpA 701 Large Scale; ftame
spread of 25 or less per ASTM E-84 (equivalent to NFPA 2S5,
ANSI 2.5 or UL/ULC723).
Doors:
F our 12tl x 14ft framed openings with insulated overhead door and
openers evenly spaced along the 80ft long south facing eve wall
Two 3070 exterior rated doors, one located along the north wall
and one located on the south west corner.
Door color to match siding color.
Siding.
Two tone with '12ft wainscot, cream (lower) and dark brown (upper)
- to match color of existing site buildings
Roof - blue to match existing site buildings
Gutters, downspouts and delivery to site to be included
Site P p Work
. Dig and compact site for foundation and building slab. lnstall two sleeves for utilities - Clly to provide placement location of
sleeves
and Foundation
Pour concrete slab per pre fab metal building (60x80) design
Concrete Slab
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Oage 12 ol 14
4
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A Total and complete compensation for this Agreement shall not exceed g00,000
Site Finish Work (Asphatr LS 1 s37,300.00
COLLECTION EQUIPMENT FACILITY
Projeci 10734.rb
i,IILESTONE DATES/SCHEDULE
Milestone 1 Project Completion 90 Days from Notice to Proceed
91ltg.1l"lyoqs fumishing ail-rabo1 materiars, equipment, and incidentars as required for theCOLLECTION EQUTPMENT FAC|LtTy per tFB pW-jt1g-1ot34lb
NOT TO EXCEED CONTRACT TOTAL w2zu-Bs
fioncactasotnextoaceedomunLenitemcbelpribesuedngforncever ac no na ad nyddaronilalncreaseorsdecreaessnworkuestedcThereqcltbyitycontheitvrabactorpayedsnoaactuuantitofESheacofitemworknaccordancehwithentracoctdcumoents.
Contract Schedule
Item No.Descri on Qua Unit Unit Price
1 Provide & lnstall Metal Buil ding t5 t S114,750.90
2 Site Prep Work LS 1 511,600 00
3 Concrete Slab and Foundation LS 1 S108,576 95
page 14 of 14
I
PR]CING SCHEDULE
. Slab thickness- '12 inches. Pour foundation per metal building specification. lnclude trench drain across building and tie into sand/oil separator. lnstall sand/oil separator in parking area
o Erect prefab metal building. lnstall all doors
Note: City to install water, electrical, HVAC, heating
Site Finish Work
. Grade for and install site drainage, catch basin, and pipe to storm drain
pond
. Grade and pave parking lot (asphalt)
. Grade and pave driveway (asphalt). Contractor responsible for verifying location of gas line across driveway. Asphalt specification - 4 inches of three-quarter road mix compacted to
95% and 2 112 inch asphalt mat graded to drain, compacted to 95%
See separate attached documents:
PLANS /DRAWINGS (11 pages)rt
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Erect Buildinq
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
COLLECTION EQUIPMENT FACILITY
PROJECT # 10734.rb
THIS CONTRACT FOR PUBLTC WORKS CONSTRUCTION is made thi Sday of May, 2017, and entered into by and between the Cit y of Meridian, a municipalcorporation organized under the laws of the State of ldaho,hereinafter referred to as"CITY',33 East Broadway Avenue, Meridian, ldaho g3642, and L2 Excavation. LLC. ,h ereinafter referred to as "CONTRACTOR", whose busi ness address is 2817 Brandt Ave
Na oa. lD 83 687 and whose Public Works Contractor Li cense # is C-020467-A-4
INTRODUCTION
Whereas, the City has a need for services involving OLLECTI NEQUIPMENT FACILITY ;and
WHEREAS, the Contractor is specially trained, experienced and competentto perform and has agreed to provide such servicei;
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 shal perform and furnish lo the city upon execution of thiscontract and receipt of the city's written notice to proceed, aI services and work,and comply in all respects, as specified in the document titred "scope of work', acopy of which is attached hereto as Exhibit "A" and incorporated herein by thisreference, together with any amendments that may be agreed to in writing by ttreparties.
1..2 _ All documents, drawings and written work product prepared or produced bythe contractor under this Agreement, including without iimitation electronic datafiles, are the property of the contractor; provided, however, the city shafi have iheright to reproduce, publish and use all such work, or any part ihereof, in anymanner and for any purposes whatsoever and to authorize otirers to do so. tf any
such work is copyrightabre, the contractor may copyright the same, except that, asto any work which is copyrighted by the Contractor, ihJ City ,eserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use suc-h work, orany part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreementconsistent with the requirements and slandards established by applicablE federal,state and city laws, ordinances, regurations and resolutions. The contractor
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represents and warrants that it will perform its work in accordance with generally
accepted industry slandards 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 wananties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on
in Exhibit B "Payment Schedule" attached her
hereof for the Not-To-Exceed amount of 72
3. Term:
COLLECTION EQUIPMENT FACIIITY
Proiect ,t0734.rb
a Not-To-Exceed basis as provided
eto and by reference made a part
227.85.
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 rerms and conditions of this Agreement. payment ofall taxes and other assessments on such sums is thi sole responsibility of
Contractor.
2.3 Excepl 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 remuneratlon for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renJerings or
mockups. Specificarry, contracror shail not be enfitred by virtue oithis Agree;ent
to consideration in the form of overtime, hearth insurince benefits, ritirement
benefits, paid holidays or other paid leaves of absence of any type or kindwhatsoever.
3,1 This agreement shall become effective upon execution by both parties, andshall expire upon (a) completion of the agreed upon work, (b) or uniess soonerterminated as provided in sections 3.2, 3.3, and section 4 berow or unress someother method or time of termination is listed in Exhibit A.
3.2 should contractor default in the performance of this Agreement or materialy
breach any of its provisions, City, at City,s option, may terminite this Agreement bygiving written notification to Contractor.
page 2 ol 14
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.Termination:
4.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents faits
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of lhis
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 unflnished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shail not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the ClTy may withhold any payments to
CONTRACTOR for the purposes of seLoff until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shalt
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. lndependentContractor:
COLLECTION EOUIPMENT FACILITY
Project 10734.rb
5.1. .ln all matters pertaining to this agreement, coNTRACToR shalr beactingas
an independent contractor, and neither CONTRACTOR nor any ofiicer, emplo-yeeor agent of CONTRACTOR wilt be deemed an emptoyee oi Ctfy. Excepi asexpressly provided in Exhibit A, contractor has no authority or responsibility toexercise any rights or power vested in the city and therefore has no authority tobind or incur any obligation on behalf of the city. The selection and designation of
the personnel of the clrY in lhe performance of this agreemenr shafl bimade by
the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shalr represent and conduct themselves as indepen"dent
conlractors and not as employees of the City.
page 3 of 14
7
5.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. 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.
6. Sub-Contractors:
contractor shall require that all of its sub-contraclors be licensed per state of ldaho
Statute # 54- 1901
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 otherwise unsatisfactory, that employee shall be removed from ail
work under this contract.
8. lndemnification and Insurance:
elected officials, officers, employees, agents, and volunteers from and for an y and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs i ncluding litigation costs and attorney's
fees, arising out of,resulting from, or in connection with the performance of this
Ag reement 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 atn tain,and sr)ecificallv
rees t it will ntain thro hout erm of thih tTl liabilit
ln su ran ce, rn which the C ITY shall be named an additional insured in the minimum
amounts as follow: General Liabi lity One Million Dollars (91,000,000) per incide nt
or occurrence, Automobile Liabi lity lnsurance One Million Dollars ($1,000,000) perincident or occurrence and Workers'Com pensalion lnsurance, in the statutorylimits as required by law.. The limits of insu rance shall not be deemed a limitationof the covenants to indemnify and save and hold harmless ClTy and if CITYbecomes liable for an amount i n excess of the insurance limits, herein provided,CONTRACTOR covenants and agrees to indemnify and save and hold harmlessCITY from and for all such lo sses, claims, actions, or judgments for dama ges orinjury to persons or pro perty and other costs,including litigation costi andattorneys' fees, arising out of, resulting from or in connection with theperformance of this Agree ment by the Contractor or Contractor's officers . employs,agenls, representatives or subcontractors and resulting in or attri butable to
COLLECTION EOUIPMENT FACItIry
Project 10734.rb Page 4 of 14
8.1 CONTRACTOR shall indemnify and save and hold harmless ClTy and it,s
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide ClTy 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 ('t0) days prior to the date Contractor begins performance of it,s
obligations under this Agreement. ln the event the insurance mlnimums 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.
8.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best,s rating
of no less than A-.
8.3 Any deduclibles, 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.
8.4 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 elecled officers, officials, employees and volunteers shall be excess oi
the contractor's insurance and shall not contribute with contractor's insurance
excepl as to the extent of City's negligence.
I
8.5 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.
8.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
8.7 The limits of insurance described herein shall not limit the liability of thecontractor and contractor's agenls, representatives, employees or subconiractors.
Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence withrespect to each and every term, condition and provision hereof, and that the failureto timely perform any of the obligations hereunder shall constitute a breach of, anda default under, this Agreement by the party so failing to perform.
COLLECTION EOUIPMENT FACILITY
Project 10734 rb page 5 of 14
10. Bonds:
11. Warranty:
All construction and equipment provided under lhis agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISpWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof .
All items found to be defective during a wananty inspection and subsequenfly
corrected will require an additional two (2) year warranty from the date of City,s
acceptance of the corrected work.
12. Changes
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 of 10oyo 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 pedorm, the contractor and/or surety will be liable and aisessed for any
and all costs for the re-procurement of the contract services.
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, shal be incorporated in wiitten
amendments which shall be executed with the same formalities as this Agreement-
Taxes:13.
14.
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.
Meridian Stormwater Specifi cations:
All construction projects require either a Storm Water pollution p revention Plan(SWPPP) or an erosion sediment control plan (ESCP) as specified in the Ci ty ofMeridian Construction Stormwater Mana gement Program (CSWMp) manual.TheCSWMP manual containing the procedures and guidelines can be found at thisaddress: http.//www.nt eridiancitv.or q/environme ntal.aspx?id 1 3618.
contractor sharr retain aI stormwater and erosion contror documentation generatedon site during construction incruding the SWppp manuar, neta inspeciions inJ
COLLECTION EQUIPMENT FACILITY
Project 10734.rb page 6 of 14
15.
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documenls 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.
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
Contraclor 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.
16. Reports and lnformation:
'16.1 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.
16.2 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, photographicand 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.
17. Audits and lnspections:
18.
COLLECTION EOUIPMENT FACILITY
Project 10734.rb
At any time during normal business hours and as often as the ClTy may deem
necessary, there shall be made available to the ClTy for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the ClTy to audit, examine, and make eicerpts 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.
Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Agreement shalt be subject tocopyright in the united states or in any other country. The crry shari haveunrestricted authority to pubrish, discrose and otherwise use, in whore or in part, anyreports, data or other materials prepared under this Agreement.
page 7 ol 14
19. 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 21 76. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political afilliation, marital status, or handicap. Contractor will take
affirmative actron during employment or training to insure that employees are
treated without regard lo race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlavvfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
20. 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.
21. Advice of Attorney:
Each party wanants and represents that in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity lo seek such
advice-
22. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys,fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
COLLECTION EOUIPMENT FACILIry
P.olect 10734.rb
23. 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 lon-g as
the remainder of the Agreement is reasonably capable of completion.
24. Waiver of Default:
waiver of default by either party to this Agreement shall not be deemed to be waiverof any subsequent default. waiver or bieach of any provision of this Agreementshall not be deemed to be a waiver of any other or iubsequent breach, ind shanot be construed to be a modification of the terms of this Agreement unless thisAgreement is modified as provided above.
page 8 of 14
25. Entire Agreement:
26. Assignment:
27. Payment Request:
28. Cleanup:
COLLECTION EOUIPMENI FACILITY
Proiecl 10734 rb
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.
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 ClTy. -
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 thalthe work
has been done and is in compliance with the Agreement, the project Manager will
approve the pay request for processing. City of Meridian paymenl terms are Net 30
from lhe date city receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
contractor shall keep the worksite clean and free from debris. At completion of
work and prior to reguesting 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.
29. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
30. Compliance with Laws:
ln performing the scope of work required hereunder, coNTRAcroR shal comprywith all appricabre raws, ordinances, and codes of Federar, state, and rocargovernments.
31. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordancewith the laws of the state of ldaho, and the ordinances of the city of Meridian.
-'
page I of 14
32. 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
Purchasing Manager
33 E Broadway Ave
Meridian, lD 83642
208-489-0417
L2 Excavation. LLC
Attn: Eric Bird, Vice President
28'17 Brandt Ave.
Nampa, lD 83687
Phone: 208-800-0330
Email: eric@l2excavation.com
ldaho Public Works License #020467-A-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.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN L2 Excavation, LLC
BY BY
TAMMY de WEERD, MAYOR eQ-t c- ErQl> - \)
Dated Dated { /s-/"-
Attest
C.JAY COLES. CITY CLERK
Purchasin App Depa nt App
BY BY:
KEITH S, PU rc ng Manager REN STEWA T, City Engineer
Dated /o
Project Manager
Laurelei M
COLLECTION EOUIPMENT FACILIry
Project 10734.rb
1 Dated o '7
page 10 of 14
Approved by Council:_
SCOPE OF WORK
REFER TO INVITATION TO BID PW-1719-10734.rb
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-1719-10734.rb 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 Sfandards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
lnstall 60x80 pre fab metal shop building at Meridian WRRF site. Project
includes site work and paving work. Bid excludes installation of utilities
(water, electrical, HVAC, heating).
Contactor is responsible for all permits and inspections. The City of Meridian to
pay permitting fees.
General site map is provided. Contractor to verify all measurements.
Metal Buildinq
Supply, deliver, and erect one (1) metal building per the specifications listed
below.
Building Usage:. 5.5 Government, Admin, Service
Plans & Calculations:. 4 sets of stamped plans (Site, Foundation). 2 sets of stamped calculations. 2 sets of final record drawings
COLLECIION EOUIPMENT FACILITY
Project 10734.rb page 11 of 14
EXHIBIT A
Load & Design Criteria:. IBC-2O12 or most current. Occupancy/Risk Category ll. Roof Live 20 PSF. Ground Snow 20. Total Collateral 2.0. Wind Velocity 1'15 MPH
Size:
6Oft deep/80ft long
Eve height 16ft
Building Type:. Gable. Slope 1 :1 2
lnsulation:. Walls R32, Roof R38. Vapor retarder fabric liner that is self-extinguishing and complies
with ASTM 1 136, Types I through Vt; NFPA 701 Large Scale; flame
spread of 25 or less per ASTM E-84 (equivalent to NFPA 255,
ANSI 2.5 or UL/ULC723).
Doors
Four 12fl x 14ft framed openings with insulated overhead door and
openers evenly spaced along the 80ft long south facing eve wall
Two 3070 exterior rated doors, one located along the north wall
and one localed on the south west corner.
Door color to match siding color.
Siding
Two tone with 12ft wainscot, cream (lowefl and dark brown (upper)
- to match color of existing site buildings
Roof - blue to match existing site buildings
Gutters, downspouts and delivery to site to be included.
Site Pre p Work
COLLECTION EOUIPMENT FACILITY
P@jeft 10734.rb
. Dig and compact site for foundation and building slab. lnstall two sleeves for utilities - City to provide placement location of
sleeves
Concrete Slab and Foundation
. Pour concrete slab per pre fab metal building (60xg0) design
page 12 ol 14
4
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complele compensation for this Agreement shall not exceed $00,OOO
Site Finish Work (Asphalt)1 s37,300.00
MILESTONE DATES/SCHEDULE
Milestone 1 Project Completion 90 Days from Notice to proceed
PRICING SCHEDULE
ntitie
oc ntract s a tonot aexceed umo neLint.mite C tn be bep torusedg tceo riticatio an and n vitiaddnaoncreaorsesreasesdecnrkuestedbcleqeThcvtyethocntractoritypabasedvonuaactuaofceahtemofrkaccordnancewithcontheractudoctsmen
Contract Schedule
Item No.ron Quant Unit Unit Price
1 Provide & lnstall Metal Buildin s LS I S114,7s0.90
2 Site Prep Work ts 1 511,600 oo3Concrete SIab and Foundation LS 1 S108.s76.95
LS
COLLECTION EQUIPMENT FACILITY
ProJect't0734.rb page 14 of 14
I contract includes fumishing al-rabor, rnateriars, equipment, and incrdentars as required for the
I collecrroru EoutpMENi FACtLtTy per tFB pw-1719-10734.rb
NoT ro ExcEED coNrRAcT rOrA1........... $u2221i5ll
. Slab thickness- 12 rnches. Pour foundation per metal building specificationo Include trench drain across building and tie into sand/oil separatoro lnstall sand/oil separator in parking area
o Erect prefab metal building. lnstall all doors
Note: City to install water, electrical, HVAC, heating
Site Finish Work
. Grade for and install site drainage, catch basin, and pipe to storm drain
pond
. Grade and pave parking lot (asphalt)
. Grade and pave driveway (asphalt)
o Contractor responsible for verifying location of gas line across driveway. Asphalt specification - 4 inches of three-quarter road mix compacted to
95% and 2 112 inch asphalt mat graded to drain, compacted to 95%
See separate attached documents:
PLANS /DRAWINGS (11 pages)a
COLLECTION EQUIPMENT FACILIry
Project 10734 rb
page 13 of 14
Erect Buildinq
CITY OF MERIDIAN
COLLECTION EQUIPMENT FACILITY
BID ABSTRACT
BID OPENING 17-Apr-17
Item
No.Description Qty Unit Unit
Price
Bid Item
Total
1 Provide & Install Metal Building LS 1 126,000.00$ 126,000.00$
2 Site Prep Work LS 1 12,200.00$ 12,200.00$
3 Concrete Slab and Foundation LS 1 118,000.00$ 118,000.00$
4 Site Finish Work (Asphalt)LS 1 39,000.00$ 39,000.00$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
TOTAL BASE BID 295,200.00$
L2 EXCAVATION
City Of l,lelidian
Statenent of Revenues and Expenditures - Rev and EXp Report - Sandra - Unpostecl Tlansactions Included In Report
60 - Ent€rprise Fuad
3590 - llIY Construction Plojects
Eron L0 / 7 / 20L6 Thr o[g}. 9 / 30 / 20),'7
Budget with
Amendments
Current Year
ActuaL
Budget
Remaining
Percent of
Budget
Remaining
92100
10122
Capital Outlay
WWTP - Bldg improvements
0000
10044
104 44
275,000.04
0 .00
0.00
0. 00
0.00
13,981 -21
140.40
104.40
275,000.04
113,981 .27 )
(140.40)
(104.40)
100. 00*
0. 00t
0. 00*
0. 00r
NON-DEPARTMENTAL
Headworks/Eine Scleens
Waterline Repfacement- SLynhurst Pl, W Pennwood Stto End
Collection Buifding
Plunbing Repair
Total Capl tal Outlay
DEPT EXPENDITUIlES
TOTAL EXPENDITURES
(
65,000.00 48,356.98 16, 643 .02 25. 60r
000.04 62,589.05 410 . 99 81.591
344 000.04 62 589.05 21',7 410 . 99 81.59r
340 000. 04 211 410. 99 81.59t
t
Date. 3/15/l'1 03:15:45 PM
62, Sg9.A5
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https://web.dbs.idaho.gov/etrakit3/Custom/ldaho publicWorksprint.aspx 51912017
Premium is for the Contract Term and is srbject to adjustment based cn Final Contract Price
#AIA Document A312ilt - 2010
Performance Bond
co}{IR^croft
(None, legal status ad address)
L2 Excavation, LLC
2817 Brandt Ave
Nampa, lD 83687
OY ER:
(Nurre, legal srotas qrd d&ess)
City of Meridian
33 E. Broadway, Suite 106
Meridian, lD 83642
colsIRt fitoil co[TnAgt
Dalc: May _, 2017
Amotmt: $272,?27 85
Description:
(Name and locarion)
SURETY:
(Nan e, legal statui ard principal plrce
of business)
United States Fire lnsurance Company
305 Madison Ave
Monistc,\ /n, NJ 07962
Bond No. 602-1 14866-2
Thls dodnnenl ha! lmpon.nt leg.t
con8equcnc$. ConSuttrtion sr0t
an Stomey F 6ncouraged wltr
lalped to its cdnpleUon o,
modllcatidl.
Any Blnqdar rEftllnca lo
Conhadoa, Surety, OirEr or
olher r,arty shall be coBtdor€d
plw.l rifi ere.ppllcabh.
AA Ooorment A31 2-2010
coltbiies trfro BaparEte boltd3, a
Performance Bond and s
Pafnent Bord, lnto orE fofm.
Ihlr is not I sirue co.r$hed
Perfonnanc6 arld PaynEnt 8ood.Pro,ect No. 10734.rb
Collection Equipment Facility
BONO
DdEi May _,2017
(Not eoliet Itpn Corrstruction Co r@t Date)
COI{IRACIOR AS PRINCIPALCompany: (Corporate Seal)
L2 Excavation
D See Section 16
SURETY
s
ame
and Title:
the la,E page ofthis
C
Jennifer Grenrood, Attomey-in-Fact
Per/on pnce Bond.)
U
(FOR INFORMIflON ONLY - Narne, dddress and telephote)
AGEI{I or BRONGR: OWNER,S REPRESE IAITT,E:
pinnacle surety and lnsurance services (Architecl' Wneer or o cr party)
5605 Overland Road
Boise, ldaho 83705
208-3/54177
Seol)
tntt AIA Oocurxrt AIIZE - 2010. Th. Ant ri:.n !.r!t b otArchtEcb.
1
Amolllrr: $272,227 .85
Modific.tions to thi! Bond: E Nonc
Signaturc:
and Titl€:
S I The Cont actor and Suety,jointly and severally, bind themselves, their heirs, executors, administrators, succcssors
and assigns to the Owner for the performance ofthe Construction Contract, which is incorporated hercin by rcference.
S 2 Ifthe Contractor performs the Conslruction Coltnct, the Surety and the Contractor shall have no obligation under
this Bond, cxcept when applicable lo panicipatc irt a confcrcnce as providcd in Section 3.
$ ! Ifthere is no Owner Default ulder the Construction Contract, thc Surcty's obliSation under this Bond shall arise
after
.l the Owner fust prcvid€s notice to ths Contactor and the Surcty that the Ovmer is considering declaring
a Contnrctor Default. Such notice shall indicate whelher the Owner is requesting a conference among
thc Owner, Contactor and Surrty to discuss lhc Contractior's performance. lfthe Owner does not
request a conference, the Surcty may, within Iivc (5) busincss days aftcr reccipt ofthc Owncr's notice,
request such a confctenc.€. Ifthe Surety timely rcquests a conference, thc Ovmcr shall aftend. Unless
the Owner agrees otherwise, any conferenc€ requested under this Section 3.1 shall be hcld withi[ tcn
(10) business days ofthe Surety's r€c€ipt ofthe Owner's tlotice. Ifthc Own€r, the Cootractor and the
SurEty agree, the Contractor shsll b€ allowed a rcasonable time to perform thc Construction Con&'ac!
but such an agrcemenr shall nol waive thc Owner's right, ifany, subsequently to decl8E a Contractor
Defsult;
-2 the Ovmer declares a Contractor Defsult, terminates the Consrucdon Contr&ct 8nd notilies rhe Surety;
and
.3 rhe Owner has agreed to pay thc Balance ofthe Contract Price in accordsnce with the tems ofthe
Constuction Contract to thc Suety or to a contractor selcctcd to perform lhe Constnrction ConEact.
5 4 Failure orr the psn of thc Owner to comply with the noticr requirement in Section 3.1 shall not constitute a failure
to comply with a condition pr€c€dent to the Sutety's obligations, or releesc the Surety from its obligations, exccpt ro
thc extent the Sur€ty demonsEatcs actual prEjudice.
$ 5 Whcn rhc Owncr has satisficd thc conditions ofScctioo 3, thc Surcty shall promptly and at the Sucty's cxpcnse
uke one ofthe following aaions:
$ 5.1 Arrangc for the ConFactor, with thc consent ofthc Owncr, to perform and complete the Constuction Contrsct;
S 52 Undertakc to perform and complete rhc Construction Contract itsclf, through its agents or indepcndcnt
conEactors;
5 5.3 Obtain bids or negotiated prcposals from qualified contractors acc€ptable to the Owner for a contnct for
pcrformanc€ and complaion ofthe Construction ConEact, aranSe for a contract to be prspar€d for ex€cution by the
Ownet and a con!'actor s€lectcd with the Owncr's concuEence, to be secured with pcrforman* atld payment bonds
executed by 8 qualified surety equivalent to lhe bonds issued on the Constuction Con!-act, and pay to thc Owner the
amount ofdamages as dcscribed in Section 7 in excess ofthe Balance ofthe Contract Price incuncd by the Owner as
a resuh oflhe Contractor Default; or
S 5.,4 Waivc its ght to pcrform and complctc, arange for complction, or obtain a new contractor and with reasonable
ptgmptress uoder lhc circumstances:
.l After investigation, determine the amount for which it may be liable to the Owner and, as soon as
praclicable after the amount is detcrmined, mske payment to the Owner: or, Deny liability in whole or in pafi and noti& the Owner, citing the ressons for denial.
$ 6 Ifthe Surety docs not procced as provided in Scction 5 with rcasonablc promptness, th€ Su€ty shall be d€emed to
be h default on this Bond sever days after reeipt ofar 8ddilional written notica fiom thc Owncr to the Surcty
demanding that thc Surcty p€rform its obligations under this Bond, and the Owner shall be entitlcd to cnforce any
rEmedy available ro the Owncr. Iflhe Surety proc€eds as pmvidcd in S€ction 5,4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in par! without funher notice the Owner shall be entitl€d to enforce ary
remedy available to the Owncr.
2
tntl /lll O.curxnt A!l2r - 2010. Tn Anrric.n ln tlllrb ol Arcnh.cn.
I
S 7 Ifthe Suety €lecls to acl ulder Section 5.1, 5,2 or 5.3, then the responsibilities ofthe Surety to the Own€r shall rct
be greatcr than those ofthe Contrastor under the Constn ction Co ract, and the rcsponsibilities ofthe Owner to the
Sur€ty shall not b€ gr€ater than lhose of the Owner under the Construction Contract. Subjcct to the commitmcnt by the
O\irer to pay the Balance ofthe Contract Price, the Surcty is obligated, without duplication, for.l the responsibilities ofthe Contractor for conection ofdefective work and completioD ofthe
Coostruction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
rEsulting from the actions or failue to acl ofthe Surety under Section 5; and.3 liquidated damagcs, or ifrto liquidated damages are sFcified in lhe Construction Contact, actual
damages caused by delayed performance or non-performance ofthe Contractor.
S E Iffte Sut€ty elccls to act under Section 5.1, 5.3 or 5.4, the Suety's liability is limit€d to the amourt of rhis Bond.
$ 9 The Surcty shall not be liable to the Oumer or olhers for obligatiom ofthe Contsactor that are unrelated to the
Construction Contact, and th€ Balance ofthe Contract Pric€ shall not b€ reduced or set offon account ofany such
unrelated obligations. No right ofaction shall accrue on this Bond to any p€rsoo or entity other than the Owner or its
heirs, ex€cuton, administrators, succassols artd assigns.
$ l0 Thc Surety hereby waives notice ofany change, including changes of time, to the Consauction Contract or to
rglatcd subcootracts, purchase orders and other obligalions.
S ,l Any procecdirlg, legal or equilable, under this Bond may be instituted in any court ofcompstentjurisdiction in
the locatiol in which the wor& or pan ofthe work is located and shall be instituted within two yeals affer a declaiation
of Contactor Default or within two yean after the Contactor ceased working or within two years after the Surety
refiises or fails to perform its obligations under this Bond, whichever occurs fiIst. lfthe provisions ofthis Pa.ragraph
are void or prohibited by law, the minimum period of Iimitation available to sueties as a defense in rhe jurisdiction of
th€ suit shall be applicable.
$ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or deliver€d to the addr€ss shown on the page
on which their signature appears.
$ 13 When this Bond has been fumished to comply with a statutory or other legal rcquircment irl the Iocation where
the consfuction was to be perform€d, any provision in this Bond conflicling with said statutory or legal rEquiremcnt
shall be decmcd deleted herefrom and proyisions colforming to such slatutory or olher legal requirement shall be
deemed incorporated herein. When so fumished, the intent is that this Bond shall be consmEd as a statutory bond and
not as a commo! law bond.
S l4 Dcfinruon!
S l4.l Bllanco of lhs Conbac't Pdco. The rotal amount payable by the Owner to the Contactor under the Consfuction
Cooaad after all proper adjustncnts have been made, including allowanc€ to the Contactor of any amounts Fceived
o. to be rEceived by the Owner iD settlement of insurance or othcr claims for damages to which the Co[trac-tor is
cntitlcd, reduc€d by all valid and proper payments made to or oo behalfofthe Contractor under the Constnrction
Contrsct.
$ 'ld2 Con!&ucton Co rrc{. The agreement between the Owner and ConEacto! identi{ied on the cover page,
including all Contract Docum€nts and changes made to the agreement and the Contract Documeots.
S ll.3 Codhctor O€fault Failure ofth€ Contractor, which has not been remedied or waived to perform or otherwise to
comply with a material term ofthe Construction Contract.
S t4.1 Ormcr Dcfault. Failure ofthe Own€r, which has not been remedied or waived, to pay the Co[tractor as rpquirEd
undcr thc Conskudion Contract or to perform and complete or comply with the other matedal tfins ofthe
Constuction Contract.
5 14.5 Contac{ Doalmcnte All the documents that crmprise the agre€ment betwcen the Owner and Contractor.
0 15 If this Bond is issued for all agraement between a Contractor and subcontractor, the term Contractor in this Bond
shall be decmed to be Subcontractor and the term Owner shall be deemed to bc Cootractor.
lntt AIA Oocum.rlt A3l2n - 2OtO,Ih. Airorican tn.uub of A,rhibca..
3
I
Signaturc:
Namc and Titlc
AdrEss
(Space is provided below lor qdditional sigratures ofqdded WtieE, othet than those qpearing on tlp cover page.)
COIJIRACTOR AS PRII{CIPAL SURETYCompuy: (Corporure Seal) Company: (Co?porate Seal)
Signature;
Name and Title:
Address
CAUIIOII: You lhould llglt an orlgin.l AIA Conr.d oocumont, gn whlch t rlr t rt.ppo.E t.t RED. Ar ortgtn.t lsgurlr th.tchlng- tlll not bo obscured.
lnll AA Ooqrnrot A3'l2r -2010. na ArEdcrn tnlttut! o, Adttcctr.
4
$ 'l 6 Modifications to this bond are as follows:
None
POWER OF ATTORNEY
IJ\'ITED STATES FIR.E INSURANCE COMPAI{Y
PRINCIPAL OFFICE . MORRISTOWN. NEW JERSEY
UI_ITED STATFS FIRF, NSTMANCE CO]VIPANY
0313,14261 18
KNow ALL MEN BY TTIESE PRESENTS: That united ststes Fire Insuraice co,npany, a corporatioa duly organized and cxisting under thc laws ofthestate ofDelaware, has made, constituted and appointe4 ard does hercly mate, constitu-te ina app6int
Jeniiler Grenrood
eSch' its.fu.e.and lawful Attomey(s>Itr'Fact' with fullpo*er and authority hercby confened in irs nalne, plaoe and stea4 to exccute, aclinowledgc afld deliverlny and ar bonds and undertakings of suety snd othe. doc.mels thu the oriinary coune of sureay [*in"rr ^ui-r]qrir", &rd to bind united srates FileInsu'ance companv thercbv as fullv aad to dte same exent ss ifsuch bonds or undenakings ua *"o airry "i""rll .i.,i "lL,o*r"ag"o uy the reguta,.ly elededofEc€rs of united statcs FiJe tnsuance company at irs principal om"a, ln
-u]no-s
ot panalties not exceeding: seveD MillioD, Five Hurdred rhousandDollsrs (S7,500,000).
This Po\rEr of Attorney limits the 8ct of those named therci! to the bonds and undenakings specifica y named thereiD, alrd they have no aurhority to bindUnited States Firc Iosuruce Company except in the manner and to the extsnt thcrrh stated.
This PowEr of Attomey rcvokes all prEvious Powe6 of Attomey issued on behalfofthe Attorreys-ln-Fact nam€d above and expires oo January 31, 201g.
This.Poucr of Attomey is granted puEuant to Article rv of the By-laws of united ststes Fire I.sur6nc€ Company as now in full force 8rd effect, ardcoDsistent with Afiicle III thcreof. which Arricles provide. ia pcninenipan:
Aricle Iv, Executiod oflnstuments - Except as the Bosrd ofDirectors may authorize by resolution, the Chairman of the Boad, president,
any vice'Presideri! any Assistarf vice President, tle secretary, or any Assisiant Secretary shan ur" po*"r on u"rr"rfofthe corporation:
(a). to execute, affix the corporate s€81 mrnually or by facsimile to, acknowledge, veriry and deliver any c{ntEcts, obligations, iDstruErentsand documents *fialsoever in connection with its buainess itrcludin& without riroitlnq irr. fo*€"irg,;r;;r, g"r*rtees, Edenakings,recogrizerces, powers of attomey or rcvocations of any pt*.s oiiuo-oy, stipulaiions, poriiies ii lai,rancr, ieeds, leases, mongages,releases, satisfactions and agency ag.eements;
(b). to-aPpoiot, in writing' one or mor€ persons for any or all ofthe purposes mentioned in the pEceding paragaph (8), including affixing fteseal of the Corpolation.
Article III, officers, sectioa 3.11, Facsimile signaturts. The signaturc of any offic.er authorized by the coryoration to sigr sny bonds,guarantees, uldertakings, I€cognizanc€s, stipulaions, powen of anomey or rcvocations of any po""o oiunoni"y -d policies of insuanceissued by tbe gorporation may be.printed. facsimile. Iithographed or otierwise producea. In'atdition. ii *J ""-Lrr,".ir"a ty the Board ofDirectorq dividend \4armnts or checks, or other numerois instrumeots similar to one *otter in-6n,,-ray f, signed by the facsimile
::*T,":^':f_"T: ,lryg"pl"a or otherwise produced, of such officer or officers of tt e corpo.ation ls fiom time to time may beauuonzed to slgn such rnstrumeots on bchalf ofthe Corporatioa. The Corporation may gontinue to use for the pu4roses herein satej the&csimilo signaJure ofany pe6on o! persons who shall have been such officci or oflicers ortrr" co.poration, not*iiistanding the fact thal heInay l\qve c€as;d to be such at the time when such insruments shall be issued.
MrrNEss WHDR-EC,!, United states Fire Insurance compaoy has cgused these preseots to b€ signed and attested by irs appropriate ofticer aDd itscorflorde seal he.cunto a6xcd rhis loe day ofMarch. 2016.
(@i
I
/1 . i
Stare ofNe\^ .leNey)
CountyofMorris )
Anthony R. Slimowicz, Senior Vice President
Jccey, came the above oamed officer of United Stales Firc Insuratrca
ard acknowledged that he executed the foregoing hstument and affixed
,l]\t ]--r d-
Sonia Scala (Notary Public)
On this 10rh day of March 2016, before me, a Notary public of the Stare of New
Compatry, to mc lersosally loown to be the individual and officer described hereirL
the seal ofulited Stares Fire Insurance Compary thereto by tle au6ority ofhis oflice
SONIASCALA
N-OTARY PUBLIC OF Nf,w JERSEY
My coMlrflssloN EXPIRES 32s/20 19
I, the undersigned oIfic€r ofurdted stales Firc Insurance Company, a Delawal€ corpoEtioo, do hereby cenify thal $e origilal pow€r ofAttomey ofwhich theforegoiDt is €. :,irli, true and correct copy is still in force and effect snd has not been revoked
IN WTTNESS WIIEREOF, I have hereudto set my hand and aftixed the corporate s€al ofudted States Fire Insurancc Compaay on the / day of
LNITED STATES FIR! rI-SIr'RANCE COMPANY
t) ti l;
Al Wrigh! Senior Vic4 President
vu2Nl
I
@ 'i
#AIA Document A312TM - 2010
COIITRACTOR:
(Ndrne, legal sratus dnd adbess)
L2 Excavation. LLC
2817 Brandt Ave
NamDa. lD 83687
OWI{ER:
(Name, legal slartus and ad*esl)
City oI Meridian
33 E. Broadway, Suite 106
Meridian, lD 83642
co sTRucrr,t{ coNTRAgr
Date: May ,2017
l11nsynr $272,227 .85
Description:
(Ndne qnd locorion)
SUREW:
(Name, legal slqlus and principal plte
ofburbex)
United States Fire lnsurance Company
305 iladison Ave
Morristown, NJ 07962
Bond No. 602-114866-2
Ihls doojrr.r h.s importsnl legal
cona€quences. ConEdlrtlon wilh
an attorney b enco{raged wtth
a€ap€d to iti complcUon or
modlfcstlo{l.
Any slrEular refsrence to
Cor rador, Surety. Ovirlor or
ohe. p8.ty shall be corutd6r6d
plural *taI! apFllcablr.
AIA Docrlrr|cii A312-m10
comblnca t'r{o s€par.le bords, s
Perforinance Bond and s
Payrrcnl 801ld. inlo onc brm.
Tli! ls nol a 3ingae comuned
Performuca and Pa,nEnt Bdd.Pro,ect No. 10734 rb
Collection Equipment Facility
80t{0
Dsl6j May _,2017
(Not eqlier ,t an Conttrucrion Contact Dqte)
Amornt $272,227 .85
Modilications to this Bond: !! None
COTflRACTOR AS PRIiICIPALCompany: (Corporate Seal)
L2 Excavation
Signaturc:
Name E?-r c-
E See Scction 18
SURETY
Company:
Uni
(c
surance Com
Name Jennifer Grenrood, Attorney-in-Fact
and Titlc: !1a.6-@,gS rSeJlf and Title:
(Ar,y additional signonres appear on tlc lasl Wge of his payrrErrt Bond-)
(FOR INFORMAT:ION ONLY - Narne, address and aelephore)
AGEI{T or EROKER: Ot{t{ERS REPRESET{IAIIVE:
Pinnacle Surety and lnsurance Services (Archi'ect' Engineer or olher Party:)
5605 Overland Road
Boise, ldaho 83705
208-3454177
I
lnlt AIA Oocurrra All2E - 20i0. Tho A,ll.lirn tn3titub ot
^nllftlcb.5
Payment Bond
$ 2 lfthc Contractor promptly makes payment ofall sums due to Claimants, and defends, indemnifies and holds
harmless the Ovmer from claims, dcmands, licns or suits by any persol or entity seeking pafnent for labor, materials
or equipmeot fumished for use in the p€rformuce oflhc Construction Contract, then the Surety and the Contractor
shall havc no obligation under this Bond.
$ 3 Ifthere is no Owner Default under the Constuction Contmct, the Surety's obligstion to the Owner under this Bond
shall arisc after the Owner has promptly notificd the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or thc Owncr's propcrty by any person or cntity sceking paymc
for labor, materials or equipment fimished for use in lhc pcrformance ofthe Construction Contract atld t€ndcrcd
defcnse ofsuch claims, demands, liens or suits to the Contactor and the Surety.
!,0 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly 8nd at the SurEty's expeose
dcfcnd, indemniS and hold harmlcss thc Owncr against a duly tenderrd cl8im, demaod, lien or suit.
$ 5 The Surety's obligations to a Claimant undcr this Bond shall aris€ after the following:
S 5.1 Claimants, who do not have a dirEct coni'act with the Contractor,.l have firmished a wrinen notice ofnon-paymenl to the Cootractor, stating with substantial accuracy the
amount claimed and thc name ofthe party to whom the materials were, or cquipmcnt was, firmishcd or
supplied or for whom the labor was done or performed, within ninety (m) days after having last
lrerformed labor or last fitmished materials or equipment included in the Claim; and.2 have sent a Claim lo the Surcty (at th€ address described in Sectioo t 3).
S 5, Claimants, who arc employcd by or have a direcl contt-act with the Cont.actor, have sent a Claim to the SuEty (at
the address described in Section l3).
! 6 If a notice of non-payment required by Section 5.1.1 fu given by the Owner to ihe Contractor, that is sufficient to
satisry a Chimant's obligation lo fumish a written notice of non-payment under Secrion 5. I .l .
S 7 When a Claimant has satisfied the conditions ofS.ctions 5.1 or 5.2, whichever is applicable, rhe Surety shall
pmmptly aod at thc Surcty's exp€nse take the following actions:
S 7,1 S€nd an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt ofthe Claim,
stating thc amounti that are undisputed and the basis for challenging any amounts that arc disputed; and
$ 72 Pay or arrange for payment of any undisputed amouna.
$ 7.3 The Surety's frilure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed ro
constitute a waivcr ofdefenses rhe Surety or Contractor may have or ac4uire as to a Claim, excrpt as to undisputcd
amounts for which thc Surety and Ctaimant havc reached agreement If, however, the Surety fails to discharge its
obligatioos under Section 7.1 or Section 7.2, the SuEty shall irdcmniry fte Claimant for thc reasonable attornry's
fees the Claimanf incuE thereafler to recover any sums found to be due and owing to the Claimant.
S E Thc SurEty's total obliSatiotl shall rrol exceed lhe amount ofthis Bond, plus the amount ofrcasonable attorney's
fces providcd undcr Section 7.3, and the amount ofthis Bond shalt be credited for any payments made in good f;ith
by the Sulety.
$ 9 Amounts owed by the Owner to the Contractor under the Construction Contmct shall be uscd for the performance
ofthc construction contract and to satisry claims, ifany, undcr any construction performance bond. By thecontractor fumishing and the Owncr accepting this Bond, lhey agree that all fundi eamed by the Contractor in theperformancc ofthc consmrction conEact are dedicated to satis! obligations ofthe conta;r and suet ;nJe;;isBond, subject to the Owner's priority to use the funds for the completion ofthe work.
5
lnlt AlA Docum.nt A!,tzr - 2O.tO. Th€ AnEncan hltitub oa AEhit c6-
S I The ConFactor and Surcty, jointly and severally, bind themselves, their heirs, executors, administrators, successo$
and assigns to the Owner to pay for labor, materials and equipment fumished for usc in the performance ofthe
Constuclion Contact, which is incorporated herein by reference, subject to the following terms.
! l0 The Surcty shall not be liable to the Owner, Claimants or others for obligations ofthc Contractor that are
unlelated to the Construction Conmct. The Owner shall not be liable for the paymcnt ofany costs or cxpcnses ofany
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notic€ on behalf
of, Claimalts or otherwise have any obligations lo Claimants under this Bond.
! ll The Sur€ty hercby waives noticc of aDy change, including changes oftime, to lhe Construction Contract or to
rel.ted subcontract, purchase orders and othcr obligations.
$ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court ofcompetent
jurisdiction in the stste in which the projcct rhat is the subject ofthe Construction Contract is located or afte. the
erpiration of one ycar from the date ( I ) on which the Claimalt sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the lan labor or service was prerformed by anyone or the last matcrials or
equipmert werc filrnishcd by anyone under the ConsEuction Contract, whichcver of(l ) or (2) first occurs. lfthe
provisions oflhis Paragraph are void or prohibited by law, the minimum period of limitation available to surcties as a
defense in thc jurisdictiou ofthe suit shall be applicabl€.
$ 1 3 Noticc and Claims to the Surety, thc Owner or the Contractor shall be mailed or delivcred to th€ addr€ss shown
on thc pagc on which their signature appcars. Actual rcceipt ofnotice or Claims, however accomplished, shall be
sufficient complialcr as ofthe date rec€ived.
$ l,l When this Bond has been firmished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requiremcnt
shall bc dccmed deleted hercfrom and provisions conforming to such statutory or other legal requirement shall b€
decmed incorporated herein. When so fumished, the intenr is that this Bond shall b€ corlstsued as a statutory bond and
not as a common law bond.
$ 15 Upon rrquest by any pcrson or entity appeating to b€ a potential beneficiary ofthis Bond, the Conuactor and
Owncr shall promptly fumish a copy ofthis Bond or shall permit a copy to be made.
S 16 Mnlton
S 16,l Claim. A writtcn statemeot by the Claimant including 8r a minimum:,l thc rame of the Claimant;
2 fic name of thc person for whom thc labor was done, or matedals or equipmena fumished;.3 a copy ofthe ageemcnt or purchase order pusuant to which labor, materials or equipment w8s
fumishcd for use in thc performance of thc ConsEuction Contract;,tl a briefdescription ofihe labor, materisls or equipment fumished;.5 the &tc on which the Claimart last performed labor or last firmished materisls or equipment for use in
the performancc ofthe Conslruction Contracti.6 thc total amount earned by rhe Claima[t for labor, materiats or equipment fumished as ofthe date of
the Claim;
., the total amount ofprevious payments r€c€ived by thc Claimanq and.8 the total amount due and unpsid to lhe Claimant for labor, materials or equipmcnt fumished as ofthe
date of thc Claim.
! l6'2 Chlmtnt An individual or entity having a direct contract with the Contractor or with a subcontractor ofthe
Contmctor to fumish labor, materials or equipment for u-se in the performance ofthe Corstruction Contract. The term
Claimant also includes any individual or entity that h8s rightfully assert€d a claim under an applicable mechanic's lien
or similar statuie against the rEal property upon which the Project is located. The intent ofthi; Bond shall be to
include \f,ithout limitation in the terms "labor, materials or equipment" that pan ofwater, gas, power, light, heat, oil,
gasoline, tclePhonc scrvice or rental cquipment used in the Constuction Contract, architecturai and engineering
services rcquired for performance ofthe work ofthe Contracto. and the Contactor's subcont actors, aid ull otier
ilems for_which a mcchanic's lien may be assened in thejudsdiction where thc labor, matcrials or equipment were
fumished.
S i6.3 comtruction conkact rhe agrecment bctwe€n the owner and conractor identified on the cover page,
hcluding all contract Documents and all changes made to lhc ageement aod the contract Documents.
7
lntl al^ ooculn.nl a!l2t - 2010. Ti. Amdic.n tnliftrb ot arcnibct!.
S tC.a Omat Ddtut Failuc of the Owner, which h&5 not b€er rrmcdied or wBivc4 to p6y thc Contsstor 8s rcquircd
undar thc CorlsAuctioll Cootact or to pcrform and cornplstc or comply with tic othcr matcrial telrrs of dle
CorEtustioo Contr8ct
S lC.s Contrct Doarnanta. All thc doc,umcnts thal comprirc thc sgrDcmer bctrvecn the Owncr and ContrsEtor.
5 l, lfttis Bood is i$u€d for !n agrccrnent bctwccn I Contactor rrd slbcontsclor, the Erm Cootsactor h thi! Bmd
sh8ll be dcctttcd fo bc Subcontrsclor and the tcrm Owncr shall bc drcmed to bc Contractor,
! it Modi6c{tion5 to this bond 8t! as follows:
None
(Spc it prwidcd bclov lor oAiiorpl sigtptures of ad&d p@ties, otbr thor those qpoing on tlc cover pge-)
C(XTR^CTORAS PRNIGPA SURETTCofirpsny: (Corporute Seol) Company: (Corpuote Seol)
Signmlc:
Nroc rd Titlc:
Addrtrs
Signature:
Namc and Thlc:
Addrcsg
CAlrTlOfl: You .hould .len.nch&g- wlll nol ba obculld.
orlgtn l AIA Cont .qt Ooclrlrtn! on uhlch ihb t xt.p9-r. tn REO. A,l orlelltat Eu.. th.t
tnt fl^oooltEr Alrt - 2Ot0. Th. Anuic.n tndtrE ., Arcnb.
8
0313+426118
KNow ALL MEN BY THESE PRESENTS: That united states Fite Insu.ranc! co&pany, a corporation duly orgaoized and existhg under the laws oflhestlte ofDele*are, has made, constituted and appointe4 ard does hereUy maki'constitute ana appoiat:
.lennifer Grunrood
eactl its rue and lawful Attomey(s)'In-Fac! with fullpower and authority hereby conferted in its oame, plaoe and stead to execute, acknowledgc and dcliverAny ard all bonds and undertakings of suety and other documents thaiae oriinary coo.se ofsurety business may require, and to bind udted states FireInsuraocc compary trercby as fullv and lo *ti same excnr as ifsucr, u""at ", *a-an tirgr bad bceo duly executea a;d alicrowreogea uy the regutarly electedoffic€rs of united stares Firc llsuratrce compsny at il5 principal om"", ln-ulno-*s or p.nalties not exc€9ding: sevetr MillioD, Five Huldred ThousandDollars (37,500,00).
This Power of Attomey limits the act of those named thercin to the bonds and uldertaklDgs specifically rlamed therein, aDd th€y have ,lo autbority to bi[dUnited States Firc lDsurance Compaoy except in the maoner ana to ttre exicnt thqrJn statea.
This Power of Attomey rcvok€s 8ll previous Poq,Ers of Attomey issued on behalfofthe Attorneys.In-Fact named above arld expires on January 31, 201g.
This Pogrcr of Attomey is graDted pursu&It to Article Iv of rhe By-Laws of united states Fi.e lnsuranc4 company as now in full force 8rd effect, andc.Dsistent with Anicle III thereof, which Anicles provide. in penineoipart:
Article IV' Execution oflnstuments - Except as the Bosrd ofDitectors may authorize by resolutioq the chatman ofthe Board, presidenq
8ny vice'President, any Assistant vice President, the secrctary, or any Assistalt secrEtary sha.ll have po14€I on behalfofthe corporation:
(a). to execute, afrx the co.porale seal nalually or by facsimile to, aclobwledge, veriry and deliver any contacts, obligatiols, instrumentsartd docunents $fiatsoevff in comection with its busiaess including without limiting'th. Or.going,;,. b;odi, gr.or""., undertakings,r€cognizsnc€s' pou€rs of atlomev or revocations of any por'rers of-attomoy, stipularionq p.riii"ii'r irl*-a",' d'ceos, lcaseg mortgages,rcleases, satisfactions ard agency sgreemenE:
(b) to appoiot, in writing, one or mo.e pelsons for ary or all ofthe purposes mentioned i! the prcceding paragraph (s), includiqg sfnxiog thesesl ofthe CorpoBtio&
Article IIl' officers, sectioD 3.1t, Facsimile Signaturcs. The signature of any olficer rythorized by the corporation to sign ary bonds,gua'antees' undenakings. recognizanc€s, stipulations. powers of aiomey or revocarions of any powers or unoi'"y *a pori"les of insuranceissued by tbe corporatiou mav be printed- iacsimile. lirhographed o, oti"-Jr. producrd. I! additioD. ifand ss authorized by the Board ofDirectors, dividend uaranrs or checkg or other oorn..L inrtrrr"ntr-ri^ ar ,o on" anotr- i"-ilr,r,-.li # ,igr"d by rhe facsim esignatu€ or sigutu'es, lithographed or otherwise produced, of such ofrcer or officers or tlre corpoor-ionls
-&o;
time to time may beauthorized to siEl such instsuments on behalf of th; corpontion. The Corporarion may continu" to u"" foi th"lurposes lerein stared thefacsimile sisnature of anv person or pelsons who shall have been sr"[ "tr;;;;;;;;"ffi; 3;;;il:;.;il-r,a!dins rhe fact thar hemay have .€ased to be such at the tjme when such instruments shall be issued.
POWER OF ATTORNEY
UMTED STATES FIRX INSI,IRANCE COMPANY
PRINCIPAI OFFICE - MORRJSTOWN. NEW JERSEY
N ll1'l\Dss \l'HEREotr' united states Fire Insurance company has caused rhese pres€nts to be signed and attesred by its app.opriate omcer and itscorporatc seal hereunto a-ffixed this 106 day ofMarch.2Ol6.
LNITED STATES E'rRE TNSITP A NCE COMPA]\Y
/l
Anthony R. Slimowicz, Senior Vice president
Stste ofNe[. -lerss,
County oflvlorns )
on this l0'h day of March 2016' before me, I Notary public of the stste of New JE6ey, cao,e the above named office, of united states Fi,. I[suratrcecompany, to me personally kqovn to b€ the individuai urd officcr doc,i*aLnir,, ,oa
"l,ino,rreagea
trr* r,e e*""rtlJ tie roregoing instruoent atrd afrxedthe seal ofunited Stales Fire Iosuranca Company thereto by the authorit;iil;ii*.
SONIA SCALA
NOTARY PIIBLIC OF NEW JERSEY
MY COMMISSION EXPIRES 32Y2O19I the undenigncd officer ofunited States Fire Insuraace Company, aforogoilg is a irll, rrue aod correct copy is still in forc.e aad effect and
P{ WTTMSS }VII0RIOF, I have hereunto ser my hand and affixed
'@
Sonia Scala
Delawarc corporaliotr, do hercby certiry that the origi.oal powEr ofAttomey ofwhich thehas not been rcvok€d.
,l
-,<l ,k"1*
the corporate seal ofUnited Shres FirE Irsuance Coopaay on the Z aav otflly'J.nOlLMTED STATES FrRX rI*SURANCE COMPANi - d-'I{, I inj l-;h j) li..,]
Al Wright,Senio. Vic€ Prcsident
@
(Notary Publio)
AC]ORTf CERTIFICATE OF LIABILITY INSURANCE DATE (MIII/DOTYYYY}
5 / 3/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENO, EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
BaL]-enger IaBurance
P O BOX 450
NAMPA rD 83653
INSURED
L2 EXCAVATTON LIC
2817 BR,AIIDT AVE
NAr'IPA rD 83687
COVERAGES CERTIFICATE NUMBERCLl 541 900172 REVISION NUMBER
CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWTHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR IUAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, LIMITS SHOWN I\.,IAY HAVE BEEN REOUCED BY PAID CLAIMS,
'YPE
OF IIISIJRANCE NUMBER LIMI'IS
THIS IS TO CERTIFY THAT THE POLICIES OF INSURAN
INSR
51991743 \6
1, 000 , 000
A
x 10,000
PERSONAL & AOV INJURY
GENERAL ACGREGATE
1,000,000
$l
5
E,ACH OCCURRENCE $
fFEMTSES (E. o€oJr€n6) S
9/ts/2o1,6 9/a5/20!? ]\ EO ExE,Aly ons o€.son, $l
,J
I GEN'L AGGREGATE LIMITAPPLIES PER
i--l "o.,"" lil ?39 I ,o.Il
] OTHER
X COMUERCIAL GENERAL LIABIL Y
I ICLATMS-'V DE X OCCUR
1,000,000
300 .000
2.000,o00
2,000,000
1, 000 , 000
9/15/2A\6
1, 000, 000
A
49-991743-00
l I
s
L
i-lE ?-c!ssedt
BODILY INJUFY (Per person)
AUTOMOBILE !IABILIIY
lJ.rnsuredmoion combin6d
ALL O!\NED
AUTOS 9/15/201? i BODTLY NJURY rP4a@d€flr
PFOPERT'Y DAMAGE
T_- scfiEouLED
AUfOS
NON.OWI\ED
t'l?9r39sq6!!)
i- 1-0gq.q0q
L _1,Qq0p0q
$
49-991-7a3-01A
x cil
x
tr | 9/1,5/zot6 9/15/201?
IIG_GREGATE
] E4CH occURRENcE
,__c!3ry9n4SqlEXCESS LIAB
- -'f f
B . 1-000,0 00
00 000
Nrj)
DESC
x STATUTE
a/D/201,6 8/t2/2071 1,-9q0, qoq
E L DISEAS:tol-,"" *rn t
E L ErCn accroett
WORXERS COMPENSANON
AND EMPLOYERS' I.lAAIUTY
ANY PROPFIETOR/PARTNER,E^E'-I]TIVF
OFFICEfuMEMBER EXCLUDED'
aa oa*r, * aro,o"u?,
o€sc N II s TIONS ICLESVEHIcOF?Y I AN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPTRATTON Olrs rxeaeor. NcaccoRDANcE *,rH rHa ,oa,", ,"or,",3tl8E wLL BE
'ELTVERED
tN
CITY OF I,IERIDIAN
33 E. BROADWAY AVE STE 106MERIDIAN, ID 83 642
(208 ) 898 -5s01
l,s"
AUIHORIZEO REPRESENTATIVE
Anna Scott,/ANNA
CERTIF tcA TE HOLDER CANCELLAII ON
o 1988.2014 ACORO CORFACORO 25 (2014/01)
lNSO25 r:oranl The ACORD name and logo are registered marks of ACORO
ORATION. A righta reservedyt
lMPoRTANT|lfthecertificat6holderisanADDlTlo}lALlN
thg terms and conditions of the policy, cortain policies may require an endors€ment A statement on this certiricate doos not conf6r rights to tho
ce.tificato holdor in lieu ofsuch endorsem6nt(s).
Jared Cur]-
lzoa) 466-4944
I rNsuRER c :
l t"ntiu, t
INS . E IJND
l!sulRE!(qLAFIORDI Ici cqvERAGE
PROOUCTS. COMP/OPAGGT $
j uuru $
T6t6592
IS AN ADDITIONAI INSURED.
a*-