WRRF Headworks Capacity Expansion - EwingCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WRRF HEADWORKS CAPACITY EXPANSION . CONSTRUCTION
PROJECT # 10044.1
INTRODUCTION
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. lf any
such work is copyrightable, the Contractor may copyright the same, except that, as
to 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
WRRF HEADWORKS CAPACITY EXPANSION - CONSTRUCTION page 1 of 15
Project 10044.1
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 23'd day
of May, 2O17, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of ldaho, hereinafter referred to as
"CITY', 33 East BroadwayAvenue, Meridian, ldaho 83642, and The Ewinq Companv. lnc..,
hereinafter referred to as "CONTRACTOR", whose business address is 1500 Eldorado. Ste
4. Boise, lD 83704 and whose Public Works Contractor License # is PWC-C-12003.
Whereas, the City has a need for services involving Waste Water Treatment
Facilitv Construction; and
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request underthis
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of I 729 000.00
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
receiptof a correct invoice and approval bythe City. The Citywill notwithhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Funding:
Funding for this project will be split between three fiscal years, 2017 (Oct. 2016 -Sept. 2017) $4,075,037.00, 2018 (Oct. 2017 - Sept. 2018) estimated at
$5,439,31 6.00 and 201 9 (Oct. 2018 - Sept. 2019) estimated at $214,647.00. The
amounts estimated beyond the 2017 fiscal year have not yet been appropriated by
the City. Contractor may NOT expend more than the amount specified and
approved for a specific fiscal year. Any and all additional expenditures beyond the
current fiscal year MUST be approved by City Council and memorialized by a
written amendment or change order to this Agreement.
WRRF HEADWORKS CAPACIry EXPANSION - CONSTRUCTION
Project 10044.1
page 2 of 15
4. Term:
4.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibil A.
4.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
4.3 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.
5. Liquidated Damages:
There are 10 milestones stated in the Milestone/Payment Schedule. Contractor
shall be liable to the City for any delay for Milestones 1-8 beyond the stated time
period in the amount of $250.00 (two hundred fifty dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Substantial Completion shall be accomplished within 854 (eight hundred fifty four)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $500.00 (five hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 896 (eight hundred
ninety six) calendar days to complete the work as described herein. Contractor
shall be liable to the City for any delay beyond this time period in the amount of
$500.00 (five hundred dollars) per calendar day. Such payment shall be construed
to be liquidated damages by the Contractor in lieu of any claim or damage because
of such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
6.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
WRHF HEADWORKS CAPACITY EXPANSION. CONSTRUCTION PAgE 3 OI 15
Project 10044.1
6. Termination:
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any olher 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 lerminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
6.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the Clry for damages.
7. lndependentContractor:
7.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any oflicer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
7.2 Conlractor, its agents, officers, and employees are and at alltimes during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
7.3 Contractor shalldetermine 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 Agreemenl, shall not be
subjected to City's control wilh respect to the physical action or activities of
Contractor in f ullillment 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.
WRRF HEADWOFIKS CAPACITY EXPANSION. CONSTRUCTION
Project 10044.1
page 4 of 15
8. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
9. Removal of Unsatisfactory Employees:
The Contractor shall only f urnish employees who are competent and skilled for work
under this contract. lf , in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the conlract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
10. lndemnificationandlnsurance:
10.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or in.iury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain. and soecifically
aorees that it will maintain, throuqho the term of this Aoreement. liabilitv
insurance. in which the CITY shall be named an additional ins ured in the minimum
amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, represenlatives or subcontractors and resulting in or attributable to
personal in.jury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and lile such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
WRRF HEADWORKS CAPACITY EXPANSION - CONSTRUCTION
Project 10044.1
page 5 of 15
10.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
10.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such 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.
10.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, oflicials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected off icers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
excepl as to the extent of City's negligence.
10.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
10.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
11. Time is of the Essence:
The parties hereto acknowledge and agree that time is slrictly 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.
12. 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.
Conlractor 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 assessed for any
and all costs for the re-procurement of the contract services.
WRRF HEADWORKS CAPACITY EXPANSION - CONSTRUCTION
Project 10044.1
page6ofl5
10.7 The limits ol insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
13. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years f rom the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specif ications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranly inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
14. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
15. Taxes:
16. MeridianStormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancitv.orq/e nviron mental. asox?id= 1 361 8
Contractor shall relain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
relurn the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to f inal acceptance of the project.
17. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, tines, or penalties City incurs
due to Contractoas violation of any ACHD policy. City shall certify to ACHD that
WRRF HEADWORKS CAPACIry EXPANSION - CONSTRUCTION page 7 of 15
Project 10044.1
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.
18. Reports and lnformation:
18.1 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.
18.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, 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.
19. Audits and lnspections:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
21. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
WRRF HEADWORKS CAPACITY EXPANSION . CONSTRUCTION
Project 10044.1
Contractor is authorized to obtain a Temporary Highway and Right-otway 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.
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all ot
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 trom such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matlers covered by this Agreement.
20. Publication, Reproduction and Use of Material:
page 8 of 15
sex, national origin or ancestry, age or disability.
22. Employment ol Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents.
23. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
24. 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.
25. ConstructionandSeverabalaty:
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.
26. Waiver of Default:
27. Entire Agreement:
28. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express wrilten consent of CITY.
WRRF HEADWORKS CAPACITY EXPANSION . CONSTBUCTION
Project 10044.1
page I of 15
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oralof written, whether previous to the
execution hereof or contemporaneous herewith.
29. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's proiect
management softvvare. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
30. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
31. Order ol Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
ln performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
33. 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.
34. 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:
CONTRACTOR
NAME
Attn:
Address
Address
Phone:
Email:
ldaho Public Works License # PWC-C-
WRRF HEADWORKS CAPACITY EXPANSION . CONSTRUCTION
Project '10044.1
page 10 of 15
32. Compliance with Laws:
CITY
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, lD 83642
208-489-0417
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
35. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN
BY:
TAMMY de WEEfIAD, MAYOR
Dated: �C7
Approved by Council:
Attest:
CJ CO S, CI CLERK
Purchasing A proval
BY: A�—&
KEITH TS, Purchasing Manager
Dated:: Zi 0! `7
Project Manager
Troy Thrall
THE EWING POMPANY, INC.
BY:
JOHN EVVING, PR SIDENT
Dated: -5 // P A91 7
r G-�
yle7y w�
O
Deparknt App
BY: /7Pf
WARREN STEWA T, City Engineer
Dated:: `z-- i
WRRF HEADWORKS CAPACITY EXPANSION - CONSTRUCTION page 11 of 15
Project 10044.1
SCOPE OF WORK
. REFER TO INVITATION TO BID PW.1722.10044.I
Al=L ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-1722-1OO44.1, and the attached Line
ltem Price Schedule (Exhibit C) are by this reference made a part
hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
Technical Specifications and Drawings by Brown & Caldwell
dated January 2017
o Volume 1 Technical Specilications (593 pages)
o Volume 2 Technical Specilications (471 pages)
o Volume 3 Technical Specifications (269 pages)
o Volume 4 Technical Specilications (539 pages)
o Volume 5 Standard Detail Drawings (157 page)
o Volume 6 Drawings (223 pages)
WRRF HEADWORKS CAPACITY EXPANSION - CONSTRUCTION
Project 10044.1
page 12 of 15
EXHIBIT A
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$9,729,000.00.
MILESTONE DATES/SCHEDULE
Preliminary Schedule of Values
14 Days f rom
Conditional
Notice of Award
Milestone 2
Preliminary Schedule of Submittals and Construclion
Schedule
7 Days prior to
Preconslruction
Meetino
Milestone 3 Owner-Accepted Schedule of Values, Schedule of
Submittals and Construction Schedule
28 Days from
Notice to Proceed
Milestone 4 Approval of ALL Submittals 270 Days from
Notice to Proceed
Milestone 5 Approval of Operation & Maintenance Manual Submittal 390 Days from
Notice to Proceed
New Headworks Facilities and Equipment Fully Tested and
Commissioned
440 Days from
Notice to Proceed
Milestone 7 496 Days from
Notice to Proceed
Milestone B Substantial Completion 510 Days from
Notice to Proceed
Milestone 9 Final Completion 545 Days from
Notice to Proceed
Milestone l0 896 Days from
Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WRRF HEADWORKS CAPACITY EXPANSION per IFB PW-1722-10044.1
NOT TO EXCEED CONTRACT TOTAL $9J29-000-00
Contr
additi
act is a not to exceed amount, Line item pricing below wlll be used for invoice verilication and any
onal Increases or decreases in work requested by city. The Cily will pay the contractor based on actualquantilies ol each ilem of work in accordance wilh lhe contract documents.
Contract Pricin Schedule
Item No.Description Quantity Unit Unit Price
WBRF HEADWORKS CAPACITY EXPANSION - CONSTBUCTION
Project 10044.1
page 13 of 15
A.
Milestone 1
Milestone 6
Approval of Project Record Documents and Drawings
Final Completion
1 General / Site Work 1 LS 51,7s1,220.00
2 lnfluent Pumo Station includinq Electrical Buildinq 1 LS 52,334,960.00
3 Headworks Buildino include Foul Air Biolilter 1 LS ss,642,820.00
WRRF HEADWORKS CAPACITY EXPANSION ' CONSTRUCTION
Project '10044.1
page 14 of 15
EXHIBIT C
THIS PAGE LEFT BLANK
WRRF HEADWORKS CAPACIry EXPANSION - CONSTRUCTION
Project 10044.1 Page15 of 15
BI
D
R
E
S
U
L
T
S
S
i
g
n
e
d
A
d
d
e
n
d
u
m
1
A
d
d
e
n
d
u
m
#
2
B
i
d
B
o
n
d
L
i
c
#
S
u
b
s
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
At
t
e
s
t
:
T
r
o
y
T
h
r
a
l
l
RS
C
I
JC
C
o
n
s
t
r
u
c
t
o
r
s
VE
N
D
O
R
Mc
A
l
v
a
i
n
Th
e
E
w
i
n
g
C
o
.
Op
e
n
e
d
b
y
:
K
e
i
t
h
W
a
t
t
s
$9
,
7
2
9
,
0
0
0
.
0
0
$1
0
,
2
1
7
,
0
0
0
.
0
0
$1
0
,
3
4
5
,
0
0
0
.
0
0
BA
S
E
B
I
D
A
M
O
U
N
T
$1
2
,
6
1
1
,
6
6
6
.
0
0
DU
E
D
A
T
E
&
T
I
M
E
:
A
p
r
i
l
4
,
2
0
1
7
2
:
3
0
BI
D
N
U
M
B
E
R
:
P
W
-
1
7
2
2
-
1
0
0
4
4
.
I
BI
D
N
A
M
E
:
W
R
R
F
H
E
A
D
W
O
R
K
S
C
A
P
A
C
I
T
Y
E
X
P
A
N
S
I
O
N
Surety
2O2B Halls Mill Road, PO Box 1650
Mitehous€ Station, Nl 08889.1650
Federal Insurance Company
O + 908.903.3485
F + 908.903,3656
Bond No. 82041232
CONTRACTOR
(Name, legal stat,.]6 and address):
The Ewing Company, lnc.
1500 Eldorado, Suite 4
Boise, lD 83704
OWNER
(Name, legal status and address):
City of Meridian
33 East Broadway Ave.
Meridian. lD 83642
CONSTRUCTION CONTRACT
Date: April 25,2017
Amount: $9,729,000.00 Ni
Description (Name and Wation):
SURETY (Name dn d Pincipal Place ofBusiness)r
Federal Insurance Company
2028 Halls Mill Boad, P.O. Box 1650
Whitehouse Station, NJ 08889-1650
ne Million Seven Hundred Twenty Nine Thousand Dollars and 00/100
Meridian WFIRF Headworks Capacity Expansion
BOND
Date(NotearlierthanconstructioncontractDate): May 12' 2017
AIn6911; $9,729,000.00 Nine Million Seven Hundred Twenty Nine Thousand Dollars and 00/100
Modifications to this Bond: E None D Seepage4
CONTRACTORS AS PzuNCIPAL
Company:
The Ewing Companyy'hc
Signature:
(corwrote seql)
SURETY
Company:
Federal Insurance Company
Signature:
Attomey-in-Fact Name:enda J. Sm
,1
{-
-1r.44u1
Name and Title; {, t,
^,
A €n,
fi e ''d cY
Signed and Sealed this 12th day of May, 2017
(Any additional ignarures aryeor on the la* page of this Perform,nce Bond,)
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER:
Paynewest lnsurance, lnc.
960 Broadway Avenue, Suite 100
Boise, lD 83706
208-424-2900
pinkd in c@perfutiontvith the Atr,ericon lnstitute oJ Archiacts (AIA) by Chubb, The languoge in thb doctrl,rent confornts lo thela,Woge used in
AIA Doo,,ment A312 - 2010.
,.m ls42os7l-EEDG€{, 1il,O
CHL'EIEI
AIA Document A312rrr - 2OlO Performance Bond
Any sirlgular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
OWNERS REPRESENTATM (Architect Engineer or other wrty):
I x
\,
i\
1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance ofthe Construction Contract, which is incorporated
herein by reference.
Z Ifthe Contracror performs the Construction Contract, the Surety and the Contractor shall have no obligation
under this Bond, except when applicable to participate in a conference as provided in Section3.
3, If there is no O\rner Default under the Construction Contract, the Surety's obligation under this Bond shall
arise after:
J the On'ner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance. Ifthe Owner does not request a
conference, the Surety may, within five (5) business days after receipt ofthe Ovfner's notice, request such
a conference. Ifthe Surety timely requests a conference, the Owner shall attend. Unless the owner agrees
otherwise, any conference requested underthis Section 3.1shall be held within ten (10)business days ofthe
Surety's receipt ofthe Owner's notice, If the Owner, the Contractor and the Surety agree, the Contractor
shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not
rvaive the Owner's right, if any, subsequently to declare a Contractor Default;
2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
,L Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute
a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its
obligations, except to the extent the Surety demonstrates actual prejudice,
5. when the owner has satisfied the conditions ofSection3, the Suretyshall prompdy and atthe Surety's expense
take one ofthe following actions:
5J Arrange for the Contractor, ,nrith corBent ofthe Otvner, to perform and complete the Construction Contracq
52 Undertake to perform and complete the Consfuction Contract itself, though its agents or independent
contractors;
53 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion ofthe Construction Contract, arrange for a contract to be prepared for execution
by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and
pal.rnent bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,
and pay to the Owner the amount ofdamages as described in Section 7 in excess of the Balance ofthe Contract
Price incurred by the Owner as a result of Contractor Default; or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.l After investigation, determine the amount for rvhich it maybe liable to the Owner and, as soon as practicable
after the amount is determined, make payment to the Owner; or
,2 Deny liability in whole or in part and nodry the owner, citing the reasons for denial'
6, Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond seven days after receipt of an additional written notice from the owner to the
Surery demanding that the Surety perform its obligations under this Bond, and the Orvner shall be entitled to
enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner
refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner
shall be entitled to enforce any remedy available to the Owner.
printed in cooperation wlth the Arnerlcan hstitate of Architects (NA) by Chubb. The languqge in this docllment conlorns to the l1nguageused ln
AIAD, nefi A312fl- 2O1O.
Forn rs-o2om-FID Gd. l&46)2
7, If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Orvner shall not
be geater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to
the Suety shall not be greater than those ofthe Owner under the Construction Contract. Subject to commitrnent
by the O*,ner to pay the Balance of the Contract P ce, the Surety Is obligated, without duplication, for
J the responsibilitiesofthe Contractor for correction ofdefective workand completionofthe Construction Contract
2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting
from the actions or failure to act ofthe Surety under Section 5; and
3 liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual damages
caused by delayed performance or non.performance of the Contractor.
& Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount oftiis Bond.
9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to
the Construction Contract, and the Balance ofthe Contract Price shall not be reduced or set offon account
ofany such unrelated obtigations, No right ofaction shall accrue on &is Bond to any person or entity other
than the Owner or its heirs, executors, administrators successors and assigns.
tO. The surety hereby waives notice ofany change, induding changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
11 Any proceeding, legal or equitable, under this Bond may be instituted in any court ofcompetentjurisdiction
in the location in which the work or part ofthe work is located and shall be instituted within two years after
a declaration of Contractor Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If
the provisions ofthis Paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction ofthe suit shall be applicable.
lrl Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the
page on which their siglature appears.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location
where the construction was to be performed, any provision in this Bond conflictirg with said statutory or legal
requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal
requirements shall be deemed incorporated herein. When so fumished, the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
14. DEFINITIONS
14,1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor ulder the Construction
Contractafterallproperadjustrnents havebeen made, includingallowance to the Contractorofanyamounts receivedor
to be received by the Owner in setdementofinsurance or otherclaims for damages towhich the Contractor is entitled,
reduced by all valid and proper payments made to or on behalfofthe Contractor under the Consrudion Contract.
l42construction Contract: The agreement between the Owner and the Contractor identified on the cover
page, including all Contract Documents and changes made to the agreement and the Contract Documents.
l4scontractor Defaults Failure of the Contractor, which has not been remedied nor waived, to perform or
otherwise to compiy with the term of the Construction Contract.
l4.40wner Defaul& Failure ofthe Owner, which hm not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material
terms of the Construction Contract.
14.5. Contract Documents: AII the documents that comprise the agreement between the Owner and Contractor.
15. Ifthis Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Mnted in @oryrstion with the Amerian itrI|stifrite of Archihcts 6IN by Chubb. Thc lanSuage in thb drcament conforms to the lqnguage Lted in
AlADoalrnent A3t2 - 2OlO.
Form I5{2OSI3.FED (R6r. lUtO 3
16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures ofadded panies, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: Gor@rateseal) Company: {hrwrate Seal)
Federal Insurance ComPanY
Signature:
Name and Title:
Address:
Name and Title:
Address:
Hinted in cooryationsith the Ameicdn tnstitute of Architects (AIA) W Chubb. The language inthis docllient confonns to the l4ngudge used in
AIA Do{i.rnent A3r2n - 2O1O.
FmD lSO2-0573 FED(B!V. u/16) 4
EHLIEIE!
AIA Document A3l2rir - 2OlO Payment Bond
Surety
2O2B Halls Mill Road, PO Box 1650
whitehouse Station, NJ 08889-1650
Federal Insurance Company
O + 908.903.3485
F + 908.903.3656
Bond No. 82041232
Any singular reference to Contractor, Surety, owner or other party shall be considered plural where applicable,
COMRACTORS AS PRINCIPAL
Company:
The Ewing Company, lnc.
Signature:
NameandTitle' ,$1,l A" En,
BOND
Date (Not earlier than Construction Contract
Datd, MaY 12,2017
Amount: $9,729,000.00 Nine Million Seven Hundred Twenty Nine Thousand Dollars and 00/100
Modifications to this Bond: E None 1 Seepage4
SURETY
Company:
Federal Insurance Company
Signature:
Attomev-in-Fact Nam
Seal)
J
/t*rr
Sigred and Sealed this 12lh day of MaY' 2017
(Any additional signdtures appear on the ldst page of this Performance Bond.)
(FOR INFOR]I4{TION ONLY - Name, Address and Telephone)
AGENT or BROKER:
Paynewest Insurance, lnc.
960 Broadway Avenue, Suite 100
Boise, lD 83706
208-424-2900
OWNER'S REPRESEI{TATIVE (Ardlitd, Engineer or other party)
printedin @perationviththeAmericonInstirutefArchitec9(AIA)by Chubb.Thelanguagein thisdor'tmen confonLs to the langud,ge used in NA
Doflnatt A312x - 2O1O.
Form r5o2osa.FED G.v. lUl6)t'
CoI.ITRACTOR SURETY
(Name, legal status and address): (Name, legal status and pincipal place of business):
The Ewing Company, lnc- Federal Insurance Company
'1500 Eldorado, Suite 4 2028 Halls Mill Hoad, PO. Box 1650
Boise, lD 83704 Whitohouse Station, NJ 08889-1650
OWNER
(Nane,legal status antl aildress):
City ot Meridian
33 East Broadway Ave.
Meridian, lD 83642
CONS'IRUC"TION COT.ITRACT
Dare: April 25,2017
Amount: $9,729,000.00 Nine Million Seven Hundred Twenty Nine Thousand Dollars and 00/100
Description (Nam e and lncation)t Meridian WRRF Headworks Capacity Expansion
(Corporate Seol)
x
I
L The Contractor and the Suety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the
performance ofthe Construction Contract, whichis incorporated herein byreference, subjecttothe following
terms.
2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the owner from claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance of the Construction Contract, then the Surety
and the Contractor shall have no obligation under this Bond.
& Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in
Section 13) ofclaims, demands, liens or suits against the Owner or the Owner's property by any person or entity
seeking payment for labor, materials or equipment furnished for use in the performance of the Construction
Contract and tendered defense ofsuch claims, demands, liens or suits to the Contractor and the Suety.
4 When the Owner has satisfied the conditions in Section 3, the Suretyshall promptlyandat the Surety's expense
defend, indemniff and hold harmless the owner against a duly tendered claim, demand, lien or suit.
5, The Surety's obligations to a claimant under this Bond shall arise after the following:
5.1 Claimants, who do not have a direct contract with the Contractor,
,1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (9o) days after having last performed
labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13).
52 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section 13).
6 Ifa notice ofnon-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is suflicient
to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
?, When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the followingactions:
7J Send an answer to the Claimant, with a copy to the owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
72 Pay or arrange for payment of any undisputed amounts,
73 The Suety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute
a waiver of deferses the Surety or Contractor may have or acquAe as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge
its obligations under Section 7.1 or Section 7.2, the Surety shall indemniff the Claimant for the reasonable
attorney's fees the Ciaimant incurs thereafter to recover any sums found to be due and owing theClaimant.
& The Suety's total obligation shall not exceed the amount ofthis Bond, plus the amount ofreasonable attomey's
fees provided under Section7.3, and the amountofthis Bond shallbe creditedfor any payments made in good
faith by the Surety.
9, Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance ofthe Construction Contract and to satisfy claims, ifany, under any construction performance
bond. By the Contractor furnishing and the Owner accepting this Bond, they agxee that all funds earned by
the Contractor in the performance ofthe Construction Contract are dedicated to satisry obligations of the
Contractor and the Surety under this Bond, subject to the Owner's priority to use the ft.mds for the completion
ofthe work.
printed ii c@perotion vith the American Institute olArchltecls (NA)by Chubb. mel/,nguqgeinthisdoarme conforms to he langnge uscd in
AIA Dofltmant Nlztu - 2O1O,
Form ltu2ot+rED G.v. nIO 2
tro, The Surety shall nor be liable to the owner, Claimans or others for obligations of the Contractor that are
unrelatedto the Construction Contract. The Ownershall notbe liablefor the payment ofany costs or expenses
ofany Claimant under this Bond, and shall have under this Bond no obligations to make payments to, or give
notice on behalfof, Claimants or otherwise have any obligations to Claimants under this Bond.
lL The Surety hereby waives notice ofany change, including changes oftime, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is subject ofthe Construction Contract is located or after
the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5,1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were fumished by anyone under the Construction Contract, whichever of(l) or (2) Iirst occurs. If
the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in thejurisdiction of the suit shall be applicable,
B. Notice and Claims to the Suety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page which thet signature appears. Actua] receipt of notice or Claims, however accomplished, shall
be sullicient compliance as ofthe datereceived.
l,t When this Bond has been furnished to comply with a statutory or other legal requirement in the location
where the construction was to be perfbrmed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein. When so fumished, the intent is that this Bond shall
be construed as a statutory bond and not as a common Iaw bond.
L1 Upon request by any person or entity appearing to be a potential beneficiary ofthis Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16" DEFINITIONS
I6.f Claim. A written statement by the Claimant including at aminimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the a$eement or purchase order pursuant to which labor, materials or equipment was furnished
for use in the performance ofthe Construction Contract;
.4a brief description ofthe labor, materials or equipment furnished;
.sthe date onwhich the Claimant last performed labor orlast furnished materials or equipment for use in the
performance of the Construction Contract;
.6rhe total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the
Claim;
.7 the total amount ofprevious payments received by the Claimanu and,
.Sthe total amount due and unpaid to the Claimant for hbor, materials or equipmetrt frrnished as of the date
of the Claim.
16,2 Claimane An individual or entity having a dtect contract with the Contactor or with a subcontractor of t}le
Contractor to furnish labor, materials, or equipment for use in the performance ofthe Construction Contract.
Theterm Claimant also includes anyindividual orentitythat has rightfully asserted a claimunderan applicable
mechanic's lien or similar statute against the real property upon which the Project is located. The intent of
this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of
water, gas power, light, heat, oil gasoline, telephone service or rental equipment used in the Construction
Contract, architectural and engineering services required for performance of the work of the Contractor
printed in cooperation lr,ith the American lnstllute of Architects (NN W Chubb, me hngudge h thb docllment @nfonns to the langtuge used in
3
AIADocummt A312nt - 2OlO,
Form r5020'ta.PED G6r. 11116)
and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the
jurisdiction where the labor, materials or equipment were fumished.
I63Construction Contract: The agteement between the Owner and the Contractor identified on the cover
page, includingall Contract Documens and all changes made to the agreementand the Contract Documents.
164owner Default! Failure ofthe Owner, which has neither been remedied nor waived, to pay the Contractor
as required under the Construction Contract or to perform and complete or comply with the other material
terms of the Construction Contract.
165 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
17. If this Bond is issued for an agreement between a Contractor and subcontractor, t}le term Contrador in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Ig MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
18I "Claim notices for FEDERAL INSURANCE COMPAMmustbe sent to the followingaddress: Chubb, POBox2l9l,
Chesapeake, Vtginia 332 Attention: Surety SupportTeam."
(Space is provided below for additional signatures ofadded parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:(Corporate Seal)
SURETY
Company:
Federal Insurance Company
Signature:Signature:
Name and Title:
Address:
Name and Title:
Address:
Printed in cooperationvith the Ameican lnstirute oJArchitects (AIA)b! Chubb, me bnguage lnthis doatment conforns to the language used in
4
AU Docufient 4312n- 2O1O.
Fo.m ltu2Ot.l.FED Gev. U/16)
(Corporate Seal)
EHIJElEI'
Power of Attorney
Federal Insurance Company I Vigilant lnsurance Company I Pacilic Indemnity Company
fnow All by Th.s. Pr.scnts, Th.t FEDEI|AI INSU]IANCE COMPA!{Y, an lndl.n. corpor:do& VIGIL ilf IISUR^NCE COMPAI{y, a l{.w York corporadorr 2nd PACltlC
INDEMNITY CoMPANY, a wisconsin corpoBtion, do.ach h.Eby constltute and.ppolnt Brenda J. Smith
amending or akedng the satne, and consents to thc modlficadon or eltaaadon of any lnatrumant tcfercd to ln aald bondJ or obllgadons.
Surcry Bond Numb.c 82041232
Obliglcr ( ily,rf Mundran
Ir Wrre$ Wt.r.or, ield F8DERAL Il.lSUMl{CE COMPANY, UclL4flt ,flSURltrCE COMPAT{y, ,nd ?ACIFIC IflDEUt{fi CoMPlNy tae. .t.fi .x€.!r.d ,nd ttteiLd t l'.
prcslnts and iflL.d thelr corporate s€als on thk 5n day of ,3ru.ry, 2017.
Surrrr.-Vn.Q}ltorcf $t:,*n#..t-,
Dawn M. Chloros, Assbtanr S€cretiry
llotarlal Se6l
Stephen il, Han y, Vlc. Pr6ident
'IATE
OP NEW
'8RSEYCountyofHont rdm ss
On thls 6it d.y ot ,aruary, 2017 before me, a Not ry Publl. of I{.w r.rsrr, peBonaily c.m6 Da$n M. Chlorcs, lo m. knonn to b6 Asslrtrnt Secletary of FEDERAL Ii6URANCE
COMPANY, VlGlLlttT INSURA CECOMPA y, and PACIFIC INDEMNITY COMPAltlY, tha companl.a whldr daqrtad tha foIlgoln8 Pou.r ofAtlomcy,.nd lhe s:Id Dawn M. Chlorcr,
bclDS by me duly 5wor4 dld depose aod say tha! she 15 Assl$lant Secre!.ry of FEDERAL !!{SURAXCE COMPANY, VlGltiN" INSURAI{CB COMPANY, and PACmC IIDEMNITY
CoMP t{Y .od tnows the corpora@ seals ther€ot ahat th. seak amx.d lo rhe forcgolng Power of Attormy .lE such cor?orat. se.ls ind werc thercto affxed by autborlty of srld
th..elo rubrcrlbad by authorlty ofsald ComFnlea and h depoo€DCr pr.srnae-
rqn€R${E J. tDEUln
ItlOl iY An[r OF litw IttEY
No 23165c46a.b Erd... .t y ld zott
CERTIFICATIOTI
Resolurlonr adopted by rh! Bo.rds ofDl.ectors of FEDEnAL IiISURANCE COMPANY, VIGlUlllT INSURAHCE COMPANY, snd P CIFIC INDEMNITY COMPAT{Y onAugusl30,2016:
.nt rtd lnto h u.ordln ry.ouncof hrln.$ (.ad.'wri[t.n Com! E .!l):
r.1 or$. Comp.n, o, ottcrwlrc,
todr.rLntth.lrudl.cltonlr 6o{rr!d b, dxtnnrolpostnFovldd fo.h $A p!6ot*w'lEar.ppol nr.ltrtrat&!otn}lr.A.t
C3) Erct ol tt|. clt.llml! tlt. ktd&n!. 1 th. vle hd.ltr .l dr.comp.nrbncftty.unora4torftdon b.ldfolti.ComF.rao.ppolnilnprLh! ary p.rsoo h. .llomr]h.
E r o{ li! co6py di fd F !r :nd st}orlty b .,.eta (o! .rd o. t Mo(th CorFly, !Ed.r t!. ..dl otri. Cdry.a, c or}.rita, rtrdl $t{l.r Ce{eD.rn o{ th.
Conp.ny.r !D.y t ?.df.d ln.ed t9rtia A9ohfi.il wild rp.ciftetlon n , t ltt.itrC Bp. ord.t! ot $tiom &rlnttraB or btt dndd of R G Bn p.rtklLr
Wdntn Commlr'cnn
(a) E .i ol6. CrdlE 4 th. PrBtd... .id tL. Vlc. Hd.!!r o, 6. ConFn), b i.r*y.u6orts 4to!.rdont 5.lror6.Co!t ry,todd€t larE!tlor!yo.h.!o,nc.ol$.
C.Dp.ry tt. n$oritrto.aortq, fo. md on b.hlt o, &! Cohp.rr, @d,r lh! CorFn)/r ...t or orl|.tdrc $d lltltt o conmlor.llB 01li. CoEp.ny.r r sFmcd h nlcn
,rld& ddqrdou rr,6 p.dfadB rrr b. U, !a...1 ryF q d.! o{ lYrit 6 Coclk'atr c t, ?.dBtlon otdor r rtFrO.rtl.!!,tl!5lctrid8at.nti
(, Ih dSrdrtdqea..E?Fr3.r te.st&Aqhtli.a ColrEltctq.:rrnffi ordd.tee F.@t|o irrr R.r&, !d t!.r.d dtiacorw,, nryt lffri!!,
fdld!. oi nrdr Wrltt o CoE ttElmtcsrltt !.probt!.rt or d.|.8.lloll
C4nD.!r. rld !l.l R.$htlon .tdt !.tBolt.rorh..e!r !tr ra ri..rxdr. o(.ry $.h !o*.ror &dt dty d.B,G. v.[.tt!r,!r.d 6rri.4'
c.rdry thal
(l) the forcgoloS Resolutlons adopt€d by the Board ol Dlrecto6 ol the Companles sre tnre, coEect and ln full forco end €ftecq
0l) th. Conpanles ir. aluly llcensed .nd .uthorlz.d to Eoi.ct 3u!.!y bu3ln.ss ln all 50 of th. Unlted St tes of Am.rlc. rnd th. Dkd.t of Columbh .nd arc
ruthorlz.d by the US. lrer$ry Dep.rtma& funh.c F.dar.l and Vlgllant ..€ llenr.d ln the U.5, Vl8ln klaldr .nd Fld.rel ls lL.ns.d ln cuanl Pu.no Rl.o,
and a.ch of tha Prodrc!, of Canada !e.pt Prlnc6 Edwa.d ld.nd; and
0ll) th6 forc8o,og Powlr ofAttomey ls Eue, correq.ld h rull ,orcc.nd.rf.ct
Olwn und.r my hard and s.rls ofsatd Compa[I.3 alYvhttlhoure Slatlor, NJ, thls May 12,2017
Doul=\n. A$]om(
Dawn M. Chioros,jrjGb
VENFYTHE
903.3a93
OF Tllls EOND 0B Nolltl I,s 0t AllY OItlE IIATTER PLEATE COm Cr USATII Tl{E EVEm YOU wls fl fO NOttFY
903-3696
@@@ @@@
Fom t5tcoz2sa-U GEfl CONSE}IT (r8v. 12n6)
PublicWorks Search
.{ Print
Page 1 ol I
Company License Work l,icense License
Name Number Cateeorv Tvoe Class
StaIus A!!licanl ( xr ner CumDan\ (i,nrnrn-\ ('ompan\ Comoan! -. l'\piralion
\.rinc \rme Addre.s !q srcc.- 4!;a;; t'h)n( D;(
Parent
License
Number
r2003
00001
00002
o@03
12.3.5 uruurreo ecrrve l[ E[no I500 BOISE ]D 83704
(208)
3n
150o
78112011
https://web.dbs.idaho.gov/etrakit3/Custom,ildaho PublicWorksPrint.aspx 4t412017
Detailed sratemen. o. *",.,,,"""]lf ::r::lfrI" - Rev and Exp Reporr
3590 - Hli ConatrucUj,on Projecta
50 - Enterplile Eund
Fxorn 70/7/2016 Through 9/30/201?
Ker th
96164
10044
10044.d
Budget with
Amendment s
Curlent Year
Actual
Budget
Renaining
Pelcent of
Budget
Remaininq
6,339,023.66
107,458.50
344 .12
70?,458.50
6, 338, 638.94
0 .00
99. 99r
0.00r
Capital Outl-ay
Lleadworks Improvements
Headworks/aine Screens
WRRE Eeadworks Capacity
ExpansioD - Design
WRRF Grit Removal
Equipnent for the
Headr"ro!ks Expansion Proj
10044.c
10601.H
82,0?3.00
0, 00
82, 073. 00
292,984 .00
0.00
1292,980.A0)
0.00*
!{RRF Cap. Exp. Process
Cont!ol Software
Integration
Total Capital Outlay
TOTAL EXPENDITURES
'7 128 555.16 1,482,896.22 6,04s,558.94
'7 , 128 ,555 -76 1 082 896.22 ___9.,_9!2.,_923-2-4 84 .81*
84.81E