SUNROC CORPORATION for the SIMPLOT RV RELOACTION PADCONTRACT FOR PUBLIC WORKS CONSTRUCTION
SIMPLOT RV RELOCATION PAD- CONSTRUCTION
PROJECT # 10614.1)
THIS/CONTRACT FOR PUBLIC WORKS CONSTRUCTION Is made this
day of f�A 2017, and entered into by and between the City of Meridian, a municipal
corpora ion organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Sunroc Corporation,
hereinafter referred to as "CONTRACTOR", whose business address is PO Box 778
Orem, UT 84059 and whose Public Works Contractor License # is C -17452-U-1-2-4.
INTRODUCTION
Whereas, the City has a need for services involving SIMPLOT RV
RELOCATION PAD - CONSTRUCTION; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1, Scope of 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. 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,
SIMPLOT RV RELOCATION PAD — CONSTRUCTION
Project 10614.13
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state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in 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
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 NolTo-Exceed amount of $212546..
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 a nd approva I by the City. TheCitywill notwithholdany
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 add itional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
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Project 10614.D
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3.3 Shou ld City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 60 (sixty) 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
repa irs remain for the physical completion of thetotal contract. Contractorshall 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 90 (ninety) calendar
days to complete the work as described herein. Contractor shall be liable to the
City for any delay beyond this time period in the amount of $500.00 (five hundred
dollars) per calendar day. Such payment shall be construed to be liquidated
damages by the Contractor in lieu of any claim or damage because of such delay
and not be construed as a penalty. See Milestones listed in the Payment Schedule
for Substantial Completion.
5. Termination:
5.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council delermines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen ( 15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
SIMPLOT RV RELOCATION PAD - CONSTRUCTION
Prorect ro614.D Page 3 of 14
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 Contraclor.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. lndependentContractor:
6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an andependent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at alltimes during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. lf in the performance of thisAgreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled forwork
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 all
work under this contract.
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Project 10614.D
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9. lndemnification and lnsurance:
9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
9.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
S;MeLOT RV RELOCATION PAD - CONSTRUCTION
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Project 10614.D
9. ,l 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 injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees. CONTRACTOR shall maintain. and specificallv
aorees that it will maintain. throuqhout the term of this Aqreement, liabilitv
insurance. in which the CITY shall be named an additional insured 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, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractorand Contractor's agents, representatives, employees orsubcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shallconstitute a breach of, and
a default under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount 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.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
page 6 of 14
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the dale of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
SIMPLOT RV RELOCATION PAD - CONSTRUCTION
Project 10614.D
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
14. Taxes:
'15. Meridian StormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Slormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridianciW.orq/e nviron mental.asox?id= 1 361 8
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and lnformation:
17.1 Al 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.
'| 7.2 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
SIMPLOT RV RELOCATION PAD - CONSTRUCTION
Project 10614. D
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.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
page 7 ot 14
olher means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use 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 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.
20. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminale 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.
21. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percenl (95%) bona fide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportu nity to seek such
advice.
SIMPLOT RV RELOCATION PAD . CONSTRUCTION
Project'106'14.D
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23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approvalthat the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
SIMPLOT RV RELOCATION PAD - CONSTRUCTION
Prqect'10614.D
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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.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
The order or precedence shall be the contract agreement, the lnvilation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
32. 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.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, lD 83642
208-489-0417
SUNROC CORPORATION
Attn: Russell Leslie
PO Box 778
Orem, UT 84059
Phone: 208-362-4244 EXT 1617
Email: Ccantrell@sunroc.com
ldaho Public Works License #1745-U-1-24
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
SIMPLOT RV RELOCATION PAD - CONSTRUCTION
Project 106'14. D
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30. Order of Precedence:
ln performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
CITY OF MERIDIAN
10
1Yei 11, 0
Dated: lD� 6Z 6�91
Approved by Council. &( & ,?0/
Attest:
C,JA &E ,CITY CLERK
Purchasing Approval
BY: 1TJ~
KEITH TTS, Purchasing Manager
Dated::�!z i Z(
Project Manager
BRENT BLAKE
SIMPLOT RV RELOCATION PAD — CONSTRUCTION
Project 10614.D
SUNROC CORPORATION
BY:
RUSSELL. LESLIE President
Dated:
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page 11 of 14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-1729-10614.D
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-1729-10614.D, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
PLANS NAME BY J-U-B ENGINEERS, INC. dated 4-11-
2017 @ of pases)
SPECIAL PROVISIONS/TECHN ICAL SPECI FICATIONS by
J-U-B ENGINEERS, lNC. dated April 2017 (456 orpases)
SIMPLOT RV RELOCATION PAO _ CONSTRUCTION
Prqect 10614.D
a
o
page '12 o'f 14
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$2'12,546.00.
A.
SIMPLOT RV RELOCATION PAD - CONSTRUCTION
Project'10614.D
lt/lilestone 1 Substantial Completion
M ilesto n e 2 Final Completion 90 Days from Notice to Proceed
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
SIMPLOT RV RELOCATION PAD - CONSTRUCTION per IFB PW-1729-10614.D
NOT TO EXCEED CONTRACT TOTAL $2l2-!t6.0o
Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities of each item ofwork in accordance with the contract documents.
Item No.Description Quantity Unit Unit Price
202.4.1.C.1 Excavalion and Embankment 11 ,760 SY $48,804.00
802.4.1.A.3
Crushed Aggregate Base (8-inch w/Type I
Wceotextile) - RV Parkinq Area 8,055 SY $47,524.50
2010.4.1 .A
1 Mobilization (5% Max.)1 LS $10,200 00
SP-
2102.4.1 4
1 Construction Coordination 1 LS
$s00 00
1 LS
$s,000 00
SP-
2125.4.1 .4.
1
Permits and Licenses (Ada County
Building Permit)
1 LS
$1.00
SP-
2125.4.1.A.
1 Permits and Licenses (All Other Required)
LS
$6,000.00
SP-
2216.4.1.4
1 Storm Water Manaqemenl 1
1,102 LF
$20,662.50
SP-
2831.4.1.4.
1
Fence - Type (6' Chain Link wi Top Barbed
Wire Security Banier)
2 EA $4,340.00SP-
2831.4.1.8.1 Swinq Gate - Chain Link (Width 12 feet)
page 13 of 14
MILESTONE DATES/SCHEDULE
60 Days from Notice to Proceed
PRICING SCHEDULE
Contract Pricing Schedule
SP-
61,000.002
833.4.1.A.1 Wheel Stops 66 EA
$8.514.00
SP-
2905.4.1.A
1 Site Electrical and Liqhtinq 1 LS
$61,000.00
SIMPLOT RV RELOCATION PAD - CONSTRUCTION
Project 10614.D
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BID RESULTS
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X X X X X
X X X X X
X X X X X
X X X X X
Attest: Sandra Ramirez
VENDOR
Paul Construction
Excelsior Construction
Sunroc Corp.
Pavement Specialties of Idaho, Inc
Opened by: Keith Watts
$212,546.00
$240,145.26
$231,900.00
BID AMOUNT
$238,904.40
DUE DATE & TIME: 5/8/2017 2:30
BID NUMBER: PW-1729-10614.D
BID NAME: Simplot RV Relocation Pad - Construction
city of lreridian
Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report
3590 - flll Conatruction Plojects
60 - Enterpri.ae ttnd
Frolx. 10/7/2016 Throlrgh 9/30/2017
Budget with Current Year
Actuaf
Budget
Renaining
BudgeE
Remaining
CapitaL Outlay
Sewer Line Extensions
Total Capital Outfay
5r 138 ,21 4 .24
5, 138 ,21 4 .24
182,4 t5. 3t
'782,4',75 .31
4a355 119A .93
4,355,198.93
84.1'72
84.1'72
93s05
DEPT EXPENDITURES 5 !]38,214 -24
5,138,214.24
182,415.31 4.3!!rg!.!l
'782,475.3r 4,355,798.93
84.'112
84-1',72
I
(TOTAL EXPENDITURES
PERFORMANCE
BOND
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 061 83
Bond No.: 106725911
CONTRACTOR:
ame,stalus and qddress dme,dl slatfi ohd
OWNER:
qme, I al status and address
CONSTRUCTION CONTRACT
Date'. May l'7 ,2017
Amount: $ Two Hundred Twelve Thousand Five Hundred Forty Six Dollars ($212,546.00)
Description:
qme and
BOND
Date: May l7 ,2017
1'l'lot eur[ier lhan Cowtruclion Contract Date)
lqce business)
Amourt: STwo Hundred Twe
Nrodifications tc this Bond:
lve Thousand
CONTRACTOR AS PRINCIPAL
Company: Sunroc Corporolion (Corporate Seal)
Signature:
Name and
Title:
Five Hundred Forty Six Dollan (S212,546.00)
None lf see section 16
SURETY
Company:Travelers Casualty & Surety Company of America
(Corporare Seal.l
Signature:
Name and
Title:
Adam Sni:w "1, ..,, ..
Amorne) -ln-Facl
(Any additional signatures qppear on the last page ofthis Performance Bond.1
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
hitect,ineer or other
$ I The Contractor and Suety, 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.
S 2 lf the Contractor performs the Construction Contract, the Suety and the Contractor shall have no obligation under this
Bond, except when applicable to participate in a conference as provided in Section 3.
$ 3 Ifthere is no Owner Defauh under the Construction Contract, the Surery's obligation under this Bond shall arise after
The Company executing this bond vouches that this document conforms to American Institute of Architects Document
A312,2010 edition I
n
At4
ofAmedca
SURETY:
East Broadway Avenue
Rekication PW-1729-10614.D
Beehive Insurance Agency
302'West,5400 Soutlir#l01
Munav. Utah 84107
Comorat!on
1500 West
.1 the Owner first provides notice to the Contractor and the Suety that the Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the O\lrer,
Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the
Suety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the
Suety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference
requested under this Section 3.1 shall be held within ten (10) business days ofthe Surety's receipt ofthe Owner's
notice. If the Owner, the Contractor and the Suety agree, the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an agreement shall not waiye the Owner's right, ifany, subsequently
to declare a Contractor Default;
.2 the Owner declares a Conaactor Default, terminates the Construction Contact and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Conkact Price in accordance with the terms ofthe Construction
Contract to the Surety or to a contractor selected to perform the Construction Contract.
$ 4 Failure on the part ofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply
with a condition precedent to the Surety's obligations, or release the Surety ftom its obligations, except to the extent the Surefy
demonstrates actual prejudice.
$ 5 When the Orryner has satisfied the conditions ofSection 3, the Suety shall promptly and at the Surety's expense take one of
the following actions:
$ 5.1 Arrange for the Contractor, with the consent ofthe Owner, to perform and complete the Construction Contract:
S 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractorsi
$ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and
completion of the Construction Conftact, arrange for a contract to be prepared for execution by the Owner and a contmctor
selected with the Owner's concrurence, to be secued with performance and payment bonds executed by a qualified surety
equiyalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in
Section 7 in excess ofthe Balance ofthe Contract Price incurred by the Owner as a result ofthe Contractor Default; or
$5.4 Waive its right to perform and complete, anange for completion, or obtain a new contractor and with reasonable
promptness under the circumsl,ances:
.1 After investigation, determine the amount for which it may be 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 notiQ the Owner, citing the reasons for denial.
S 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in
defauh on this Bond seven days after receipt of an additional written notice fiom the Owner to the Surery demanding that the
Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If
the Suety proceeds as provided in Section 5.4, ard 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 O\!ner.
5 7 If the Suety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Orner shall not be
greater than those ofthe Contractor under the Construction Contact, and the responsibilities ofthe Owner to the Surety shall
not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the
Balance ofthe Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal, design professional and delay costs resulting fiom the Contractor's Default, and resulting fiom
the actions or failure to act ofthe Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages
caused by delayed performance or non-performance ofthe Conffactor.
S S Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond
$ 9 The Surety shall not be liable to the Owner or others for obligations ofthe Contractor that are uffelated to the Construction
Contract, and the Balance ofthe Contract Price shall not be reduced or set offon account of any such unrelated obligations. No
right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators,
successors and assigns.
The Company executing this bond vouches that this document conforms to American Institute ofArchitects Document
A312,2010 edition 2
$ l0 The Surety hereby waives notice of any change, including 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 of competent jurisdiction in the location
in which the work or part ofthe work is located and shall be instituted within two years after a declamtion ofContractor 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 of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sueties as a defense in the jurisdiction ofthe suit shall be applicable.
$ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which
their signature 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 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. \4hen so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
S 14 Deflnitions
$ l4.l Balance of tho Contract Price. The total amount payable by the Own€r to the Contractor under the Construction Conhact
after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received
by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid
and proper payments made to or on behalfofthe Contractor under the Construction Confiact.
S itl.2 Construclion Contract. The agreement between the Owner and Contractor identified on the cover page, including all
Confiact Documents and changes made to the agreement and the Contract Documents.
S 14.3 Contractor Default. Failure ofthe Confactor, which has not been remedied or waived, to perform or otherwise to comply
with a material term ofthe Construction Contract.
$ 14.4 Owner Dofault. Failure ofthe Owner, which has not been remedied or waived, to pay the Conhactor as required under the
Construction Contract or to perform and complete or comply with the other material terms ofthe Construction Contact.
$
,l4.5 Contract Documents. All 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 Ovmer shall be deemed to be Contractor.
$ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures ofadded parlies, olher than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporote Seal)
Signature:
Name and Title:
Address:
The Company executing this bond youches that this document conforms to American Institute ofArchitects Document
A312,2010 edition 3
Signature:
Name and Title:
Address:
Bond No.: 106725911
CONTRACTOR:
(Name, legal status and address)
SURETY:
Uamq legal status and principal place ofbusiness)
OWNER:
dme,al status dnd dddress
CONSTRUCTION CONTRACTDate:ffi
Amounf $Two Hundred Twelve Thousand Five Hundred Forty Six Dollars (S212,546.00)
Description:
ame an d locati
PAYMENT
BOND
CONTRACTOR AS PRINCIPAL
Company: Sunroc Corporalion (Corporate Seal)
Signatue:
Name and
Title:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Hartford, Connecticut 061 83
BOND
Date:
(Notierlier than Cowtruclion Contacl Date)roE
.AmounL$TvicBndred Twelvq[ousand Five Hundred Forty Six Dollars ($212,546.00)
Iiodificiitions tp
-{ris Bond: l-I--l l-r-l See Section 18
Signature:
Name and
Tirle:
Travelers Casualty & Surety Company of
Amer ic a (C orp or ate S eal)
(Any additional signatures appear on the lost page ofthis Paynent Bond.)
(FOR INFORMATION ONLY Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATM:
rchilecl,En ineer or other
The Company ex6cutlng thts bond vouchoe th
edition
at this document confo rms to Ame can lnstitute of Architects Oocument A312, 2O1O
Sullroc,rCorporatien
730 North 1500 West
Orem. UT 84057.',.
Tower Square
rcT06183
Avenue
tD 83642
RV Reloc.tiori Padr- Construation. PW-1'l 29-l 061 4.D
SURETY
Company:
rSnow.---z-A--
.lnsurance,.Agelrcy
West 5400 South. # l0l
Utali 84107
a .^ ..
': J '-.
: :.. -
' \ .' ..- :
...,,.. _,; _'
:...I
.Y
S I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and
assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Conshuction
Conhact, which is incorporated herein by reference, subject to the 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 Contmctor shall have no obligation under this
Bond.
$ 3 If there 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) of claims,
demands, liens or suits against the Owner or the Owner's property by any person or entity seeking pa).rnent for labor, materials
or equipment fumished for use in the performance ofthe Construction Contract and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety.
$ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend,
indemnifi and hold harmless the Owner against a duly tendered claim, demand, Iien or suit.
$ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
S 5.,l Claimants, who do not have a direct contract \,vilh 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, fumished or supplied or for
whom the labor was done or performed, within ninety (90) days after having last performed labor or last
fumished materials or equipment included in the Claimi and
.2 have sent a Claim to the Surety (at the address described in Section l3).
$ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the
address described in Section l3).
$ 6 If a notice of non-payment required by Section 5. I . I is given by the Owner to the Contractor, that is sufficient to satisry a
Claimant's obligation to filmish a written notice ofnon-payrnent under Section 5.1.I .
$ 7 When a Claimant has satisfied the conditions of Sections 5.I or 5.2, whichever is applicable, the Surety shall promptly and
at the Surety's expense take the following actions:
$ 7.1 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
$ 7.2 Pay or anange for payment of any undisputed arnounts.
$ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver
of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety
and Claimant have reached agreement. If, however, the Surefy fails to discharge its obligations under Section 7.1 or Section 7.2,
the Surety shall indemnifl the Claimant for the reasonable attomey's fees the Claimant incurs thereafter to rccoyer any sums
found to be due and owing to the Claimant.
$ 8 The Surety's total obtigation shall not exceed the amount of this Bond, plus the amount of reasonable aftorney,s fees
provided under Section 7.3, and the amount ofthis Bond shall be credited for any payments made in good faith by the Surety.
$ I Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the
construction Contract and to satisfi claims, ifany, under any construction performance bond. By the Contractor fumishing andthe owner accepting this Bond, they agree that all funds eamed by the Contractor in the performance of the Construction
Contract are dedicated to satisi' obligations ofthe contractor and Suiety under this Bond, subject to the owner,s priorify to usethe funds for the completion ofthe work.
$ l0 The Surety shall not be liable to the owner, Claimants or others for obligations ofthe Contractor that are unrelated to theConstruction Contract. The Owner shall not be liable for the payrnent ofany costs or expenses ofany Claimant under this Bond,
The Company execuflng this bond vou
editlon
chss that this document contorms to Ame rican lnstitute of Architects Document A3,12, 201O
)
and shall have under this Bond no obligation to make payments to, or give notice on behalfol Claimants or otherwise have any
obligations to Claimants under this Bond.
$ 1l The Surety hereby waives notice of any change, including changes of time, 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 judsdiction in the
state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the
date (l) 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 (1) or (2) first occurs. Ifthe provisions ofthis Paragraph are void or prohibited by law, the minimum period of
limitation available to sueties as a defense in thejurisdiction ofthe suit shall be applicable.
$ 13 Notice and Claims to the Surety, the Owner or the Contraclor shall be mailed or delivered to the address shown on the page
on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as
ofthe date received.
$ 14 When this Bond has been fumished 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 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 law bond.
$ 15 Upon request by any person or entity appearing to be a potential beneficiary ofthis Bond, the Contractor and Owner shall
promptly fumish a copy ofthis Bond or shall permit a copy to be made.
$ 16 Definitions
S 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name ofthe person for whom the labor was done, or materials or equipment ftmished;
.3 a copy ofthe agreement or purchase order pursuant to which labor, materials or equipment was fumished for use
in the performance ofthe Construction Contract;
,4 a briefdescription ofthe labor, materials or equipment furnished;.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the
performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment fumished as ofthe date ofthe Claim;.7 the total amount ofprevious payrnens received by the Claimant; and.8 the total amount due and unpaid to the Claimant for labor, materials or equipment fumished as ofthe date ofthe
Claim.
S 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor ofthe Contractor to
furnish labor, materials or equipment for use in the performance ofthe Construction Contract. The term Claimant also includes
any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real
property upon which the Project is located. The intent of this Bond shall be to include without limitarion 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 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.
$ 16.3 Construction Contracl. The agreement between the Owner and Contractor identified on the cover page, including all
Contract Documents and all changes made to the agreement and the Contract Documents.
$ 16.4 Owner Default, Failure ofthe Owner, which has 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 ofthe Construction Contract.
$
,16,5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
$ 17 lfthis Bond is issued for an ag:eement between a Conhactor and subcontractor, the term Contractor in this Bond shall be
deemed to be SubconFactor and the term Owner shall be deemed to be Contractor.
The Company exocuting thls bond vouchgg that this document conforms to American lnstitute of Architecb Oocument A312, 20lO
edltlon
$ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETYCompany: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
The Company executing
editlon
thls bond vouches that this document conforms t;American lnstitute of A.chitects Oocument A3,12, 20,10
1
Signature:
Name and Title:
Address:
-6.
TRAYELERS.]
WARNING: THIS POWER OF ATTORNEY lS INVALID WITHOUT THE RED BOBDER
POWER OI,- AT'I'ORNEY
Farmington Casualty Company
l.id€lill and Cuarantl lnsurance Companl
l'idelily and Guaranty Insurance Underwriters, Inc.
St. Paul Firc ard Nlarine Insurance Company
Sl. Paul Guardian Insurance Companr"
St. Paul Mercury lnsurance Company
Trarelers Casualty and SuretJ Company
Travelers Casualty snd Surety Company ofAm€rics
United States Fidelit] and Guaranty Company
Allornet-ln Fact No
2 3 151J3
KNOW ALI- NIEN BY THI,lsE PRESENTS: Thxr Farmingon C.rsualty CompaDy. St. Paul Fire and Marine Insurance Company, St. Paul Guardian lnsurance
Compan!. Sl. Paul Mercury Insurarce Conpan]. Tralelers Casuahy md Suret), Company. Tmvelefi Casualty and Surety Company of America, and United States
Fidelity and Cuaranty Company itre corporations duly orSanjzed under the laws of the State of Connecticut. that Fidelity and Guaranty I.surance Company is a
corporation dult orcanizcd under thc la\r s of thc Sule of k)ua. and lhlt Fidelily and Guaranty Insurance Underwriters. lnc.. is a corporation duly organized under the
laws of the Slatc ol Wisconsin (hercin collectivcly called the "Companics"). and that lhe Companies do hereby make, constitute aDd appoint
w. I)ouglas Snow. D. Cory Payne, James H. Dickson. Randall J. Austin, Aaron Griflith, Mark J. Austin, Susan R. Smith. Jace Pearson. Vicki
Sorensen, Brady Thom. and Adam Snow
Utahof the Cilv ol . thet true and Ia*'fut Attomey(s)-in-Fad,
each in lhcir scparate caprcity if more than onc is named abo!e. to sign. execute. seal and acknowledge any and all bonds, recognizances. conditional undertakings and
olhcr writines oblis:ttoh- in the nalure thoreof on behalf of the Comprnies in their business of guaranreeing the fidelity of persons, guaranteeing the perfotuEnce of
conlracls and cxecuting or Suarunlecing bonds nnd undcrlakings rcquired or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF. thc Conrpanies have caused this instrument to be signed and their corporate seals to b€ hercto affixed. this
day of February , 2017
larmington Casualty Company
l'idelity and Guaranh Insuranre Company
fidelitr" and Guarant'r' Insurance Underwriters, Inc
St. Paul Fire and l\larine Insurance Company
Sl. Paul Guardian Insuran(c Compan]
l5rh
St. Paul Mercury lnsuranc€ Company
Travelers Casualty and Surety CompanJ
Tiavelers Casualty and Suretr Company ofAmerica
United States Fidelity and Guaranty Company
Robert L. Rancy, SenM Vi.c Presjdent
State ol Connccticut
City of Hanlird ss
Ilr"
On this the _
bc rhc Senior
Fire and Mar
Casually and
instrumcnt fo
l_5th day ot Februarv . 2011661619 ms personally appeared Robert L. Raney, who ackno*ledged himself to
vice Presidcnl of Farmington Casu lty Company, Fidelily and Cuaranry Insurance Company, Fidelity and Guamnty Insurance Underwrilers, Inc., St. paul
inc Insu rancc Compan !. St . P ul Guardian In \urancc Company. St. Pau[ Mercury Insurance Company. Travelers Casualty and Surely Company, Travelerssurely company ofAmericr. and United stalcs Fidclity and cuaranty Company, and thar he, as such, being authorizeJso to do, e;ecuted the tbrcgoing
r lhe purposes thercin containcd by siening on behall of rhe corporations by himself as a duly aurhorized officer.
In Witness Wh€reof, I hcreunb set nry haDd and official scal
My Comniss,on cxpires ihc 30rh day ofJune. 202 t.
58440,5-16 Prinred in u.s.A
WABNING:IHIS POWER OF ATTOBNEY IS INVALID WITHOUTTH RED BORDEB
O,ltrJ' e
Marie C TeneaDh, Notary Public
l9t1 19n ',95r s L
certificak \o. 0 0 712 6 8 0 0
{ffi@@ ffi
WARNING:THIS POWER OF ATTORNEY lS INVAL|D WTTHOUTTHE RED BORDEB
This Power of Attomey is Sranted under and by the authoriry of the following resolulions adopEd by rhe Boards of Direcrors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company. Fidelity and Guamnt] Insurance Underwriters. Inc.. St. Paul Fire and Marine lnsurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Compaoy, Travelers Casualty and Surety Company of America, and United States
Fidclity and Guaranly Company. which resolulions are nou in full force and effect. readins as follo{,s:
RESOLVED, that the Chairman. the Presidenl. any vice Chairman. any Executivc Vice Presidcnr. any Senior vice Presidenr, any Vice Presidenr, any Second Vice
President, the Trcasufer, any Assistant Treasurer, the corporate sccrelary or any Assisianr secrctary may appoint Attofneys in,Fact andAgents ro acr fof and on b€half
of lhe Company and may Sive such appointee such authority as his or her ccrtificate of authorny may prcscritr to sign $ith the Company s name and seal with the
Company s seal bonds, recognizances. contracls of indemnity, and othcr writings obligatory in rhe nature of a bond, recognizance, or conditional undenaking, and any
of said officcrs or the Board of Directors at any timc mar remove any such appoinlee and revoke lhc poucr given him or heri and il is
FURTHER RESOLVED. that the Chairman, the President. any Vice Chairman. any Executive vice PrcsideDt, any Senior vice President or any Vice President may
deiegate all or any part of thc foregoing authority to one or more office$ or emphyees of this Company, provided thar each such delegation is in writing and a copy
thereof is filed in the office ofthe Secrelary; and it is
FURTHER RESOLVED, lhat any bond. recognizance, cootract of indemnily, or \rntin! obliga(ory in rhe nrture of a bond. recognizance, or condirional undenaking
shall be valid and binding upon the Company when (a) signed by the Presidcnl. any Vice Chairman, any ExecDtive Vice Presidcnt. any Senior Vice President or any Vice
President. any Second Vice Presidcnt. the Treasurer. any Assisl,rnt Treasurer, thc Corporale Sccretarl or an] Assistanr Secretary and duly attestcd and sealed wi$ the
Company s seal by a Secrelary orAssistaot Secretaryi or (b) duly cxecutcd (under scal. if required) blr onc or morc Attorneys,in-Fact and Agents pursuant to the power
prescribcd in his or her ceflificate or their ccrtificates of authority or by one or more Companl officers pursuant 1o a *ritten delegation of aurhorityr and ir is
FURTHER RESOLVED. that the signature of erch of the following office.s: President, any Executive vice Presideflt, any senior Vice President, any Vice President,
any Assisttrnt Vice President. any Secre(ary, any Arsislant Secreraiy. and rhe seal of the Company may be affixed by facsimile to any Power of Attomey or to any
cenificate relating thereto appoinling Residenl Vice Presidenls. Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of execuling and atresting boods
and undenakings and other $rilinSs obligatory in the nature thereof. and any such Po$er of Attomey or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimilc signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which ir ir anached.
I. Kevin E. Hughcs. the undersigned. Assistant Secrelary. ofFarminglon Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwritcrs, Inc., St. Paul Fire and Marine lnsurance Company, St. Paul Guardian lnsuraoce Comprny, 51. Paul Mercury Insurance Company, Tmvelers Casualty and
Surcty Compan). Travclers Casually and Surety Company ofAmerica, and Uniied Slates Fidelity and Guaranty Company do hereby certify that the above and forcgoing
is a true and corrcct copy of the Power ofAttomey executed by said Companjes, which is in full forcc and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have horeurlo sei mv hlnd and affixed the scals of said Companies this 1 Ttlr day of ry , 20 lZ
d'a {
KeYin E. Hughes, Assistant trr\
To verify the authenriciry of ihis Power ofA(orney, call I 800-421-3880 or contact us at www.ravelersbond.com. Please refer to the Attomey-In-Fact number. the
above-named individuals and the details of the bond lo which the power is attached.
19s,.
WARNING:THIS POWEB O F ATTOBNEY IS INVALID WITHOUT THE RED BOBDER
{#@@ffi
STATE OF UTAH
COUNTY OF SALT LAKE
Adam Snow being first sworn, on oath and deposes and says, that he is the
attorney-in-fact of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, and that he is duly authorized to execute and deliver the forgoing
obligation; that said Company is authorized to execute the same, and has
complied in all respects with the laws of Utah in reference to becoming sole
surety upon bonds, undertakings and obligation.
302 West 54 00 South, Suite 101
Murray, Utah 84107
Subscribed and sworn to before me, this 17th day of May, 2017
fr)*a+a fr<n*r..-
My Commission Expires:
Notary Public
April 17.2021
SS
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)
)
t I c HAtD M o N so NNotorfPbttcStotaofU'o h
I I 7 2 02 I
69 396 6
r
?4
ln
SUNRCOR-01 RMONSON--.ACORD'
COVERAGES
CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER:REVISION NUMBER
511712017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOROED BYTHE POLTCIES
BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER.
IMPORTANT: lf the cortiticaG holder 13 an ADDITIONAL INSUREO, the policy(ies) must be endorsed, It SUBROGATION lS WAIVED, subject to
thg tErms and conditlons ofthe pollcy, certaln policies may requlre an endorsEment. A statement on this certificate does not confer rights to the
cortiticato holder in li6u of guch endorsement(s).
PRODUCER
Beohivo lnsurance Agency
302 West 5400 South*'10{
Salt Lake City, uT 84107-8225
fi!fi[fcr nicnara Monson CPcU
E 685-6860 (80 1 )68 5-2899
L bia nf beehiveinsurance,comADDRESS
INSUR s AFFOROING COVERAGE
nsunee a, Travelers Casual lnsurance Com n 19046
rNsunen e ,lronshore S ta lnsurance Com 25445INSURED
Sunroc Corporation a wholly ownod subsidiary of Clyds
Companl6, lnc.
PO Box 778
Orem, UT 84059-0778
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSUREO NAI\4ED ABOVE FOR THE POLICY PERIOD
INOICATED, NOTWTHSTANDING ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUi'ENTWTH RESPECI TO W]ICH THIS
CERNFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBEO HEREIN IS SUBJECT TO ALL TH E TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOYV}I MAY HAVE BEEN REOUCED BY PAID CLAIMS.
ItisR SUBR
POLICY NUMBER LIMITS
A x COMMERCIAL GENERAL LIABILITY
tractualxCon
x xcu
GEN'L AGGREGATE L]MIT APPLIES PER
POLICY JEC'T LOC
x Products Completed
x
x wc2Kco5642B443tND17 01to1t2017 01t01t2018
EACH OCCURRENCE $2,000,000
DAMAGE TO RENTED
PREMISES (Ea occurcnce)5 300,000
MED EXP (Any or'€ p€rson)s '10,000
PERSONAL& ADV NJURY S 1,000,000
GENERAL AGGREGATE s 4,000,000
P RODUCTS . COI"{ P/OP AGG S 4,000,000
s
A
AUTOMOBILE LIABILITY
x
A!LOWNEO
AUTOS
HIREO AUTOS
SCHEOUIEO
AUTOS
NON{V1/I.JED
AUIOS
x wc2JcAP56428455TtL,1 7
COI,IBINED SINGLE LIN1 T s 2,000,000
01t01t2017 0110112018 BOOILY INJURY(Per pe.son) $
Bo0lLY NJURY{Peraccde.r) S
S_1!
$
B
x UMBRELLA LIAB
EXCESS LIAB
x OCCUR
CLAMSn/tADE 000879507 0't t01t2017
EACH OCCURRENCE $20,000,000
0110112018 AGGREGATE $20,000,000
sDEDxRETENTION $10,000
A
WqRKERS COIIIPENSATIOII
AND EUPLOYERS LAEIUTY
ANY PROPRIETOR/PARTNER/EXECUTI!'E
OFFICER/IIEMBER EICLUOED?([.nd.tory ln NH)
oEscRtPTtoN oF oPERATtoNs b6rM
N
x
wRNUB779'l C440'17 01t01t2017 0110112018 E L EACH ACCIDENI S 500,000
E L DISEASE - EA EMPLOYE $500,000
$500,000
DESCiIPnON OF OPERATTONS / LOCATIONS / VEHICLEa (ACORD 'lol, Addltloo.l R.m.rk. S.hedule, mry b. .lt ch.d I nor. 3p.c. l. r.quarorl)
Thla cenmcate ia sublocl to tho torms, condltlon! & oxclusions o, tho .bove policies.
The Clty of ilerldlan ia a pdmarJ, non{ontrlbutory addltional insurod on the Auto Llabllity por CAT47402'15 & coneral Liability por CGD2460805.RE: Slmplot RV Roloc.tlon Pad . Constructlon
PW.1729.10614.D
CERTIFICATE HOLOER CANCELLATION
City of Merldlan
33 Eaat Broadway Avenue
Merldlan, lD 83 2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@'1988-20'14 ACORO CORPORATION. All rights reserved
kACORD 25 (2014/01)The ACORD name and logo are registered marks ofAcoRD Yt
INSURER C :
INSURER D:
INSURER E :
INSURER F :
TYPE OF INSURANCE
@ o".r"
EL
/2/-48--
poLtcy NUMBER: wc2Kcos642B443rNo17 coMMERcIAL GENERAL LlABlLlw
ISSUE DATE: 12l15/16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(coNTRACTORS)
This ondorsemont modilies insurance providsd undsr ths following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO lS AN INSURED - (Soction ll) ls amended
to include any pgrson or organization thal you
Egreo in a \,vdtton contrcct rgquiring insurance"
lo lncluds as an additional insursd on this Cover-
ags Part, but:
8) Only with respect to liability for "bodily injury",
"proporty damage' or 'psrsonal injury'; and
b) lf, and only lo the extont that, the injury or
damags ls caused by acls or omissions of
you or your sub@ntractor in the performancs
of'your work'to which ths'wrlttsn contract
roquiring insurance. appli8s. Th6 person or
organlzatlon does not quslify aB an additional
insured with raspBct to the indopendant scts
or omisSlons of such porson or organization.
2. Tho in8ursnca provided to ths addltional insursd
by thl6 ondorsement is limited as follows:
a) ln ths evont that the Limits of lnsuranco of
this Covorago Part shown in the Oeclarations
excosd ths limits of liability rsquired by tho
"writton contract requiring insuranco", the in-
suranco provided to the additional insured
shall b€ limited to th6 limits of liability re-
quir6d by that "written contract requiring in-
Buranc€". Thls endorsemsnt shall not in-
croas€ the limits of insuranco described in
Sectlon lll - Llmits Of lnsuranco.
bl Ths insurance providod to the additional in-
6ured does not apply to 'bodily injury", "prop-
€rty damage" or 'pe6onal injury'' arising out
of tho rondering of, or failuro to rsndsr, any
professional architectural, engineering or sur-
veying services, including:
l. Ths prepsring, approving, or faillng to
pr€pare or approvs, maps, shop draw-
ings, opinions, reports, survoys, fisld or-
dors or changs orders, or the preparing,
approvlng, or failing to prepare or sp-
prov6, drawings and spocifications; and
ll. Sup€rvisory, inspsction, archilsctural or
engineering activities.
c) The insurance provided to tho additional in-
sured doas not apply to "bodily injury" or
"property damage' caused by "your work"
and included in tho "products-complstsd op-
erations hazard" unless tho "writton contract
rBquiring insurance" specifically requires you
to provide such coverage for that additional
insurgd, and then the insurance provided to
the additional insured applies only to such
"bodily injury" or "proporty damage" that oc-
curs before the end of ths period of time for
which the "written contract roquiring insur-
ance' requires you to provido such covarago
or ths ond of ths policy period, whichever is
earlier.
3. The insurance provided to the additional insured
by this endorsement is excsss over any valid and
colloctiblo "oth6r insurance", whether pdmary,
sxcoss, contingent or on any other basis, that i8
available to ths additional insured for a loss we
covor under this endorsement. Howevor, if the
"writl€n contract requiring insurance" specifically
roquiros that this insurance apply on a primary
basis or a primary and non-contributory basis,
this insurance is primary to "olher insurance'
availablo to tho additional insured which covars
that person or organization as a named insured
for such loss, and we will not shar€ with that.other insurance". But th€ insurance provided to
the additional insured by this endorsement still is
excess over any valid and colloctible ''oth€r in-
surance", whsther primary, 6xc8ss, conting€nt or
on any othsr basis, that is availabls to the addi-
tional insured when that person or organization is
an additional insursd und€r such "other insur-
ance".
4. As a condition of coverage provided to the
addltional insur6d by this endorsement:
a) Tho additional insured must give us written
notice as soon as practicable of an "occur-
rencs" or an offsnss which may r€sult in a
claim. To the extent possible, such notice
should includ6:
cG D2 46 08 05 @ 2005 The St. Paul Travolors Companias, lnc.Page 1 of 2
COMMERCIAL GENERAL LIABI LITY
l. How, when and whers th6 "occurrenc6'
or offans€ took plac€;
ll. The names and addreEses of any injured
peBons and witne8$s; and
lll. Th6 naturo and location of any injury or
damage arising out of the 'occunenco" or
offsnse.
b) lf a claim is mad6 or "suit" is brought against
ths additional lnsured, lhe 6dditional insur€d
must:
L lmmediatoly recod lho speciflcs of the
clalm or "suit" and tho dats received: and
ll, Nollfy us as soon as prsctlcable.
Ths additional lnsured musl see to it that we
recoivo writtsn notice of tho claim or "suit' as
aoon as practicable.
c) The addltlonal insured mu8t immediately
send us copiss of all legal pap€rs rsceivod in
connection with tho claim or'8uit', coop€ratB
with us in lhe investigation or setllsmgnt of
ths claim or defonse agalnsl the 'suit', and
otherwl8e comply with all policy conditions.
d) Tho edditional insurcd must tender ths de-
fenso and indemnity of any claim or "suit* to
any providor of "other insurance" which would
cover lhs additional insured for a loss we
covar undor this sndorsement. Howevar, this
condition does not affect whether the insur-
ance provided to the addilional insured by
this endorssment is primary to "other insur-
ance" availabl6 to tha additional insursd
which covers that pBrson or organization as a
named insurad as doscribed in paragraph 3.
above.
5. The following deflnition is added to SECTION V.
- OEFINITIONS:
"Written contract requirjng insurance" m€ans
that part of any writtsn contract or agresment
undsr which you are rBquired to includs a
person or organization as an additional in-
sured on this Coverage Part, providod that
the'bodlly injury" and "property damage" oc-
curs and ths "personal injury" is caused by an
offenss committed:
a. After the signing and exocution of tha
contract or agresment by youi
b. While that part of the contract or
agresment is in effact; and
c. Bofors the end of the policy period.
Page 2 ol 2 O 2005 The St. Paul Travelors Companios, lnc.cG D2 46 08 05
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDTTIONAL INSURED - PRIMARY AND
NON.CONTRIBUTORY WITH OTHER INSURANCE
Thls endor8emont modifie6 insurancs provldad undsr ths followlng:
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1. Ths follotying ls added to Paragraph A.1.c., Wholr An lnrured, of SECTTON lt - COVERED
AUTOS LIABILITY COVERAGE:
Any psrson or organizstion who is required under
a written contract or agrs6m6nt betwBan you and
lhat parson or organization, that is signed and
oxecutsd by you before the "bodlly injury" or
"property damagei occurs and that is iit ;tf6ct
during ths pollcy period, to bB namsd as an addi-
tional insurod is an "insured" for Covered Autos
Liability Coverago, but only for damages to which
this insurance apptios and only to the extent that
porson or organization qualifies as an ,,insurod',
undar ths Who Is An lnsurBd provision contained
ln SECTION ll.
POLICY N UMBER: VTC2JcAP5642B4s5TlL17 COMMERCIAL AUTO
ISSUE DATE: 12l1sl16
2, Th6 following is added to paragraph 8.5,, Olhor
lnsurance of SEGTION tV - BUSTNESS AUTO
CONDITIONS:
Regardless of lhe provisions of paragraph a. and
paragraph d. of this part 5. Othsr lnsurance, lhis
insurancs is primary to and non-contributory with
applicable othBr insurance under which an addi-
tional insursd psrson or organization is the first
named insured when lhe written contract or
agregm€nt betwsen you and that person or or-
ganization, that is signed and ex8cuted by you
before the "bodily injury" or "property damags,,
occufti and thal is in effect during the policy pe-
riod, requires this insurance to be primary and
non-contributory.
cAT{. 74 02 15 O2016 Tho Travate.s hdarnnlty Compony. All.;ghts roserved.
hcludco copyalghlad mat6 al of ln8urance Seruicgs Ofllco,-lnc. with tls psrmi6s.on.
Page 1 of '1