Irminger Construction for WRRF Boise River Outfall Pump StationCONTRACT FOR PUBLIC WORKS CONSTRUCTION
WRRF BOISE RIVER OUTFALL PUMP STATION
PROJECT # 1O7O4.B
INTRODUCTION
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 specilied 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 BRo PUMP STATION UPGRADES page 1 of l3
Project 10704.8
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 13th day
of June, 2017, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws ol the State of ldaho, hereinafter relerred to as
"C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and lrminoer Construction,
hereinafter relerred to as "CONTRACTOR", whose business address is 25094 Homedale
Rd.. Wilder. lD 83676and whose Public Works Contractor License # is 026529.
Whereas, the City has a need for services involving outfall pump station
construction; and
WHEREAS, the Contractor is specially tralned, experienced and competent
to perform and has agreed to provide such services;
represents and warrants that it will perlorm its work in accordance with generally
accepted industry standards and practices for the profession or prolessions that
are used in performance of this Agreement and that are in eflect at the time ol
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part ol the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 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
hereol lor the Not-To-Exceed amount of $802,527.00.
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 ol
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax lrom any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportatlon, drawings, renderings or
mockups. Specif ically, 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 ol 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 ol termination is listed in Exhibit A.
3.2 Should Contractor default in the performance of this Agreement or materially
breach any ol its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
WRRF BRo PUMP srATloN UPGRADES pase 2 or 13
Project 10704.B
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the lailure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Liquidated Damages:
Substantial Completion shall be accomplished within 120 (one hundred twenty)
calendar days f rom Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both lrom an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain lor the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount ol $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 150 (one hundred
f ifty) calendar days to complete the work as described herein. Contractor shall be
liable to the City lor 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 ol 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 otficers, employees, or agents fails
to f ulf ill 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 ol misconduct in the performance ol this
contract, or if the City Council determines that termination ol this Agreement is in
the best interest ol CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specilying the effective date thereof at least fifteen (15) days belore the effective
date ol such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event ol any termination ol this Agreement, all finished or unlinished
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 lor any work satislactorily
complete hereunder.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved ol liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
WRRF BRo PUMP sTATloN UPGRADES page 3 or 13
Project 10704.8
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 ol this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. lndependent Contractor:
6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation ol
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees ol 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 specilied 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 fullillment of this Agreement. lf in the performance ol this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control ol the Contractor.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State ol ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only f urnish employees who are competent and skilled lor work
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, reluses 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.
WRRF BRO PUMP STATION UPGRAOES
Project 10704.8
page 4 of 13
9. lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnily and save and hold harmless CITY and it's
elected oflicials, olficers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments lor damages, or iniury 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 perlormance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employee s. CONTRACTOR shall maintain, and specilically
tn f reement liabil
n
amounts as follow: General Liabili ty 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 ol insurance shall not be deemed a limitation
of the covenants to indemnily and save and hold harmless CITY; and il 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 lor damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out ol, resulting lrom , 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 Certilicate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof ol 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 prool ol compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
9.3 Any deductibles, 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 ol credit
guaranleeing payment of losses and related investigations, claim administration
and delense 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 oflicers, oflicials,
employees and volunteers. Any insurance or self-insurance maintained by the City
WRRF BRo PUMP srATloN UPGRADES page 5 ot 13
Project 10704.8
insu tn n n tn red in the minimum
or the City's elected olficers, olficials, employees and volunteers shall be excess ol
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
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 ol the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly ol 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.
11. Bonds:
Payment and Perlormance 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 laithful 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 perlorm, the contractor and/or surety will be liable and assessed for any
and all costs for the re-procurement of the contract services.
All construction and equipment provided under this agreement shall be warranted
for 2 years lrom the date ol the City ol 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 lrom the date ol City's
acceptance ol the corrected work.
13. Changes:
The CITY may, lrom 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
WRRF BRO PUMP STATION UPGRADES page 6 of 13
Project 10704.B
12. Warranty:
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same lormalities as this Agreement.
15. Meridian StormwaterSpecifications:
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 ol the job by the City the contractor shall
return the lield SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Proiect 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 pro.iect.
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-otWay Use
Permit from ACHD on City's behall. The parties acknowledge and agree that the
scope ol the agency granted by such certilication is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and lnformation:
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance ol this Agreement for a minimum of
four (4) years from the termination or completion ol 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
WRRF BRO PUMP STATION UPGRADES PAgE 7 Of .13
Project 10704.8
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certilicates 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.
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specilied 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/environmental.aspx?id='l 361 B.
16. ACHD:
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 olten as the CITY may deem
necessary, there shall be made available to the CITY for examination all ol
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 ol 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.
ln performing the work herein, Contractor agrees to comply with the provisions ol
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 lor 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
afliliation, marital status, or handicap. ln perlorming the Work required herein,
CONTRACTOB shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis ol race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice lrom its attorney's or the opportunity to seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
WRRF BRO PUMP STATION UPGRADES page I ot 13
Project 10704.B
20. Equal Employment Opportunity:
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'lees 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 forleiture
of this Agreement.
24. ConstructionandSeverability:
ll any part of this Agreement is held to be invalid or unenlorceable, such holding will
not affect the validity or enforceability of any other part ol this Agreement so long as
the remainder ol the Agreement is reasonably capable ol completion.
25- Waiver of Default:
Waiver of delault by either pafi 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 ol any other or subsequent breach, and shall
not be construed to be a modilication ol the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement ol the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
28. Payment Request:
Payment requests shall be submitted to City ol Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Proiect Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and lree from debris. At completion of
work and prior to requesting linal inspection, the Contractor shall remove all traces
ol waste materials and debris resulting lrom the work. Final payment will not be
made il cleanup has not been performed.
WRRF BRo PUMP srATloN UPGRADES page 9 of '13
Project 10704.8
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 ol CITY.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the Invitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
In performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
City of Meridian IRMINGER CONSTRUCTION, Inc.
Purchasing Manager Attn: Travis Conger, President
33 E Broadway Ave 25094 Homedale Rd.
Meridian, ID 83642 Wilder, ID 83676
208-489-0417 Phone: 208-800-9616
Email: iccitravis@gmail.com
Idaho Public Works License #026529
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN
BY: -
TAMM de RD, MAYOR
Dated:
WRRF BRO PUMP STATION UPGRADES
Project 10704.8
IRMINGER CONSTRUCTION, INC.
BY:
TRAVIS CON , RESIDENT
Dated: !� " s ~rte
page 10 of 13
Approved by Council:_ 6 / /� / 6-�9j7
Attest:
CJ C S,IT CLERK
Purchasin pproval
BY:
KEITHWATTS, Purchasing Manager
Dated:. 6-5-1-1
Project Manager
Garrick Nelson
Depart ent A aI
BY:
WA EN STE T, City Engineer
Dated: 1-2!5 /j �?
WRRF BRO PUMP STATION UPGRADES page 11 of 13
Project 10704.13
EXHIBIT A
SCOPE OF WORK
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 by Mountain Waterworks, lnc. dated March 2017
(61 of pages)
SPECIFICATIONS by Mountain Waterworks dated
March 2017 lsos ot pages)
WRRF BRO PUMP STATION UPGRADES
Project 10704.8
a
a
page 12 of 13
REFER TO INVITATION TO BID PW.1732.10704.8
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW-1732-10704.8, are by this reference
made a part hereof.
A
MILESTONE / PAYMENTSCHEDULE
Total and complete compensation lor this Agreement shall not exceed
$802,527.00.
Milestone 1 Substantial Completion 120 Days lrom Notice to Proceed
Milestone 2 Final Completion 150 Days f rom Notice to Proceed
PRICING SCHEDULE
Contract includes lurnishing all labor, materials, equipment, and incidentals as required for the
WRRF BOSIE RIVER OUTFALL PUMP STATION UPGRADES per IFB PW-1732-10704.B.
NOT TO EXCEED CONTRACT TOTAL $802J27Jt0
Contracl is a not to exceed amount. Line item pricing below will be used lor invoice verilication and any
additional increases or decreases ln work requested by city, The City will pay the contractor based on
actual quantities ol each item ot work in accordance with the conlract documents.
Contract Pricing Schedule
Item No.Description Quantity Unit Unit Price
Mobilization 1 LS ss,941.0O
Ea rthwork, Grading, and Finishing 1 LS s28,623.0O
Yard Piping 1 LS
BRO and NPW Demolition 1 LS s20,304.0o
BRO and NPW Pump Station Mechanical 1 LS
BRO and NPW Pump Station Building 1 LS s129,613.0O
BRO and NPW Electrical and lnstrumentation 1 s197,466.00
Existing Seal Water Pump Station Demolition 1 LS s14,939.0O
New Seal Water Pump Station 1 LS s70,873.0O
New Seal Water Electrical and lnstrumentation ,l LS s14,280.00
Facility Startup 1 s13,94s.0O
Demobilization 1 LS s3,347.0O
Misc. Work ltems Not lncluded Above 1 s80,718.00
WRRF BRO PUMP STATION UPGRADES
Project 10704.8
page 13 of '13
Exhibit B
MILESTONE DATES/SCHEDULE
s27,61s.0O
s194,863.0O
LS
LS
LS
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond# 2254325
AIA Document 4312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable
CONTRACTOR (Name and Address)
lrminger Construction, lnc.
25094 Homedale Rd.
Wilder, lD 83676
OWNER (Name and Address):
City of Meridian
Purchasing Department
33 E. Broadway Avenue Suite 106
Meridian. lD 83642
CONSTRUCTION CONTRACT
Date: June 13, 2017
Amount: $802,527.00
Description (Name and Location): Boise River Outfall Pump Station Upgrades
SURETY (Name and Principal Place of Business)
North American Specialty lnsurance Company
650 Elm Street
Manchester, NH 03101
BOND
Date (Not earlier than Construction Contract Date)
Amount: $802,527.00
Modiflcations to this Bond:
June 13, 201 7
X None E See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)(Corporate Seal)
lr*llnge{Consti{ctron North Ame Company
Signature
Name and Titie '7'ra.t L 6.y.t- -,/*f r 4-y'Name and Title: Te S. Rob , Attorney-ln-Fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Post lnsurance
P.O. Box 8447
Boise, lD 83707
n Speci
AIA DOGUMENT A3l2 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 Eo ' AtA @
THEAMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVE., N.W, WASHINGTON O,C,20006
THIRO PRINTING . i.{.ARCH 1987
A312-1984 1
YI
Signature:
SURETY
Company:
s",t:::::'--'' "z
-: J-:') :::/'. z: ?
: -.ri
r
: '-,:S i .Y;* i
'. -? '.. ''- :-" -r-
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 lf the Contractor performs the Construction Contract, the
Surety and lhe Contractor shall have no obligation under
this Bond, except to participate in conferences as provided
in Subparagraph 3.1.
3 lf there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notilled the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the
Construction Contract. lf 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 waive the Owner's
right, if any, subsequently to declare a Contractor
Defaulti and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Conlracl or to a conlraclor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the
Construction Contract itself, through its agents or
through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualilied
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contracl, arrange for a contract to be prepared for
execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractois default;
or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.'t After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as praclicable afrer the amount is
determined, tender payment therefore to the
Owner, or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefore.
5 lf the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on lhis Bond fifteen days afler receipt of an
additional written notice from lhe Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. lf the surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered 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.
6 After the Owner has terminaled the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
cosls and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if not liquidated damages
are specified in the Construction Conlract, actual
damages caused by delayed performance or non-
performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Conlract, and the Balance of the Contract
Price shall not be reduced or sel off on account of any
such unrelated obligations. No right of action shall accrue
on this Bond lo any person or entity other than the Owner
or its heirs, executors, adminislrators or successors.
8 The Surety hereby waives notice of any change'
including changes of time, to the Construction Contracl or
to related subcontracts, purchase orders and other
obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working or
within two years after lhe Surety refuses or fails to perform
its obligations under this Bond, whichever occurs flrst. lf
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be
applicable.
A3't 2-1984 2
il oocuurHr mrz. pERFoRMANoE BoND AND PAYMENT BoNo. oEcEMSER 1984 Eo 'AlA@
THE ATIERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE,, N,W., WASHINGTON, O C, 20006
THIRD PRINTING. MARCH 1987
1O Notice to lhe Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 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. The intent is that
this Bond shall be construed as a statulory bond and not
as a common law bond.
t2 DEFINITIONS
l2.l Balance ofthe Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract 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
ciaims for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or
on behalf of the Contractor under the Construction
Contract.
Signaturei
Name and
4-4*--
12.2 Construction Contract: The agreement between
the Owner and the Contractor identifled on the
signature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
pertorm or otheMise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, lo pay the
Contractor as required by the Construction Conlract or
to perform and complete or comply with the other
terms thereof.
(Corporate Seal)
Signature
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS
(Space is Drovided belo\.y for additional signatures of added parties, other than those appearing on the cover page.)
(Corporate Seal)
-7-c-
f'ttle. A,,s a-r-- y'./t.-* t Name and Title
Address:Address: 2 to t/ +a..< .-1.. 4 ,(- c
t-,,'/.-/*- Za "36 4
AIA DOCUMENT A3l2 . PERFORMANCE BOND AND PAYMENT BOND . OECEMBER 1984 ED. . AIA O
THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORX AVE,. N.W, WASHINGTON OC.20006
THIRO PRINTING . IiIARCH 1987
A312-'t984 3
CONTRACIOR AS PRINCIPAL
Compahy:
7r *t. x2; t- (nns /-'r1/ o1
SURETY
Company:
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond# 2254325
AIA Document 4312
Payment Bond
BOND
Date (Not earlier than Construction Contract Date)
Amount: $802,527.00
Modifications to this Bond:
SURETY (Name and Pnncipal Place of Business)
North American Specialty lnsurance Company
650 Elm Street
Manchester, NH 03101
OWNER (Name and Address):
City of Meridian
Purchasing Department
33 E. Broadway Avenue Suite 106
Meridian, lD 83642
June 13, 2017
E None X See Page 6
SURETY
Company C orate seal)
lrminge r Construction, lnc N orth enca Spec Company
Signature Signatu
Name and Titl e: -zz.t--.-i C,o2.*- -Z--zr.:,L*Name and Title: Te S. Robb , Attorney-ln-Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
Post lnsurance
P.O. Box 8447
Boise, lD 83707
AIA DOCUMENT A312. PERFORMANCE BONO AND PAYMENT BOND . DECEMBER 1984 ED. . AIA O
THE AMERICAN INSTITUTE OFARCHITECTS. 1735 NEW YORKAVE,, N,W., WASHINGTON, O,C. 20006
THIRD PRINTING . i/tARCH 1987
A312-1984 4
u*
Any singular reference to Contractor, Surety, Owner or other pa(y shall be considered plural where applicable.
CONTRACTOR (Name and Address):
lrminger Construction, lnc.
25094 Homedale Rd.
Wilder, lD 83676
(Corporate Seal)
CONSTRUCTION CONTRACT
Date: June 13, 20'17
Amount: $802,527.00
Description (Name and Location): Boise River Outfall Pump Station Upgrades
CONTRACTOR AS PRINCIPAL
Coj1p"ny.-
\::
f-- r.,.*\-.-. -- \.\
qtr
I The Contractor and the Surety, 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 of the Construction Contract, which is
incorporaled herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Conlraclor:
2.1 Promptly makes payment, directly or indirectly, for
all sums due Claimants. and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for
the payment for labor, materials or equipment furnished
for use in the performance of the Construclion Contract,
provided the Owner has promptly notilied the
Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits
and tendered defense of such claims, demands, liens
or suits to the Contractor and the Surety, and provided
there is no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.'l Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the Party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have eilher received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above nolice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectlyi and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made
under this Bond and enclosing a copy of the
previous written notice furnished to the
Contractor.
5 lf a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufflcient
compliance.
Itl OOCUT'let{t A:t Z . PERFORMANCE BOND ANO PAYMENT BONO ' DECEMBER 1984 EO ' AIA @
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W., WASHINGTON, D'C, 20006
THIRD PRINTING. t,tARCH 1987
A312-1984 5
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.t Send an answer to the Claimant, with a copy to the
Owner, within 45 days afrer receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Pay ot arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amounl
of this Bond, and the amount of this Bond shall be crediled
for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of
the Conslruction Contract are dedicated to satisfy
obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the
completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the Contractor thal are unrelated to
the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otheMise
have obligations to Claimants under this Bond.
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.
ll No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or parl of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, ot (2) on which the last
labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. lf
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as
a defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished' shall be
suflicient compliance as of lhe date received at the address
shown on the signature page.
l3 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 slatutory or legal requirements shall be
deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contracl with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment
for use in the performance of the Contract. 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, telephoneservice or rental equipment used
15,2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner. which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision
CGNIRACTOR AS PRINCIPAL
Company:
/-r,-t. n5 e- /n's,/'.. / o--,
(Corporate Seal)
-c-
a2u - 7r^lS.> /.-, z-Signature
(Corporate Seal)
Signature:
Name and Ti e Name and Title
Address:Address: 2re2/ ,K..ztc-1o Z i./
t-v, /../-t _ z-e ?3a ?L
AtA DOCUMENT A3t2 . PERFORIjANCE BOND ANO PAYMENT BONO . OECEI,,IBER 1984 EO. . AIA @
THEAMERICAN INSTITUTE OFARCHITECTS, 1735NEWYORKAVE,NW WASHINGTON, D.C.20006
THIRD PRINTING . iTARCH 1987
A3l2-1984 6
'14 Upon request by any person or entity appearing to be a
potential beneflciary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
in the Construction Contract. architeclural 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
furnished.
When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting
documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable
period of time, but not more than 120 days, notify the Claimant of the amounts that are undisputed and
the basis for challenging any amounts that are disputed, including but not limited to, lack of
substantiating documentation to support the claim as to entitlement or amount, and the Surety shall,
within a reasonable time, but not more than 120 days, payor make arrangements for payment of any
undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations
under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not
be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver
of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have
the immediate right, without further notice, to bring suit against Surety to enforce any remedy available
to it under this Bond.
(Space i3 provided below for additional signatures of added parties, other than those appearing on the cover page.)
SURETY
Company:
-s
>-\\
NAS SURETY GROUP
NORTH AMEzuCAN SPECIALry INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPAI.IY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT Nonh American Specialty Insurance Company, a corporation duly organized and existing under
laws ofthe State ofNew Hampshire, and having its principaloffice in the City ofManchester, New Hampshirc, and Washington Intemational
Insurance Company, a corpomtion organized and existinS under the laws ofthe State ofNew Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
TERRY S. ROBB, WILLIAM F. POST,
and MARY JAQUIER
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalfand as its act and deed, bonds or other w tings
obligatory in the nature ofa bond on behalfofeach ofsaid Companies, as sure6/, on contracts ofsuretyship as are or may be required or permifted by
law, reSulation, contmct or otherwise, provided that no bond or undenaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attomey is granted and is signed by facsimile under and by the authority ofthe following Resolutions adopted by the Boards of
Directors ofboth North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held
on lhe 9rh ofMar, 2012:
"RESOLVED, that any two ofthe Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President.
the Secretary or any Assistant Secretary be, and each or any ofthem hereby is authorized to execute a Power of Attomey qualirying the attomey named
in the given Power of Attomey to execute on behalfofthe Company bonds, undertakings and all contracts ofsuety, and that each or any ofthem
hereby is authorized to attesl to the execution ofany such Power of Attomey and to attach therein the sealofthe Company; and it is
FURTHER RESOLVED, that the signature ofsuch officers and the seal ofthe Company may be affixed to any such Power of Attomey or to any
certificate .elating thereto by facsimile, and any such Power ofAnorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract ofsurety to which il is attached."
B)
Srcvcn P. AndeBor, S.nior Vt. Pr6d.rr ofWrlingron lrr.rnriloul htu.rNcConprry
& S.nior VI.. Prctld.,r otNont ADen..n Sp.clrlry Inrur.m. Comp y
Bv
JOINTLY OR SEVERALLY
& S.oi.r vic t6id l ol Norrh Amri(r Sp..idq lnlu a Coopu,
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Inremational In
official seals to be hereunto affixed, a]ld these prcsents to be signed by their authorized olficers this 22nd day of
surance Company have caused theirSeplember .2015 .
State of tllinois
County ofCook
M. Kcnny, Norlry Public
SS
I, Jeffrev Goldbere . the duly elected
Intemational lnsurance Company, do he
American Specialty Insurance Company
Assistant Sec ofNorth American S pecialty lnsurance Company and Washington
reby certi& that the above and foregoing is a true and corect copy ofa Power of Attomey given by said North
and Washington Intemational Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals ofthe Companies this I dayof June .20 17
OFFCIAL SEAT
M (EII{Y
NOTMY PUBI.IC, STAIE OF II1JNOIS
MY @$I SSTOI E)(!lRES 12rc{20r7
,oltGy Goldb.rs. vie P6rdel & Asns.er Sesi.ry oa
W.shlngion I .n.rioral Irs@c. Compey & Nonh An icu Spci.lry Insuruc. Compoy
North Americ.n Specialty Itrsurrnce Comprny
Washington lntern{tional lnsurance Company
On this 22ndday of September . 20-]j- before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington Intemational Insuranc€ Company and Senior Vice President ofNo(h American Specialty Insurance Company and Michael A. Ito.
Senior Vice President ofwashington lnternational Insurance Company and Senio. Vice President ofNorth American Specialty Insurance
Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power ofAttomey as officersofand
acknowledged said instrument to be the voluntary act and deed oftheir resp€ctive companies.
-UP>
SEAL
-aconif
cERTtF|CATE NUMBER:2017-2018COVERAGES REVISION NUMBER:
DATE (MTVOOryYYY)
6/r / 20L7
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGI,iTS UPON THE CERTIFICATE HOLOER. THIS
CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMENO, EXTENO OR ALTER THE COVERAGE AFFORDED BY IHE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the ce.tifi cate holder is an ADDITIONAL INSUREO, the policy(ies) must be endorsed lf SUBROGATION lS WAIVED, sub.i6ct to
the terms and conditions of the policy, certain policies may require an endorsement
certificate holder in lieu of such endorsement(s).
A statement on this certificate does not confer rights to the
wilder rD 836? 6
fi!fl}cr arysrria eanUre
iJ3,*'1, .,'), (208) 335-s60o
!ffi !r. agamble!6postins
(rJq.I!)(208)3aa-0651
INSURER
TNSURER
INSURER
INSURER
rNsuRER(S) AFFOROTNG COVERAOE
aAuto Oirnors Ingurance
B:IlLaho qqrt€ Insuranc€ FunL
c:
o:
18988
36129
E LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED AEOVE FOR THE POLICY PERIOD
INDICATEO NOTWTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO IAI-IICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONOITIONS OF SUCH POLICIES LIMITS SHO\^iN I\4AY HAVE BEEN REDUCED BY PAID CLAIMS
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANC
BER
POLICY EFF POLICY EXPIYPE OF INSURANCE LIMITS
EACH OCCURRENCE $
OAi,iAGE IO RENTEO
PREMISES (Ea occunenc€) I
MED ExP (Any oe p€lson) I
PERSONAL & AOV INJURY , $
GENERAL AGGREGAIE I
PRODUCTS, COMP/OP AGG $
Hned & Non-Owned Labrfty 5
1 , 000 ,000
300,000
10,000
1,000,000
2 .000, 000
2 , 000,000
1 , 000 ,000
14463951753127!7
A
x
tl
3/ t! /2011 3/11. /2OtA
X . COMIIERCIAL GENERAL LIABILITY
. cT MS,MAOE -l! OCCUR
x 55091, 55373
ALL O\AAIEO
AUTOS
HIREOAUTOS
x 89304
4975372100
I , 000, 000Undeansur6d moloni Al
s
sAx
AUTOMOBILE LIABILITY
SCHEOULED
AUTOS
NON,OlM{ED
AUTOS
(Ea accidenl)
BODILY INJURY (P€r pe66)
3/lr/2011 3/ll/201,8 BOOILY INJURY (P6raedonD !
PROPERTY DAMAGE(Pd ed6n)
5 , 000 ,009
5, 000 ,00049153127a7A
X UMARELLA IIAB X
EXCESS r-rAA
RETENTION
OCCUR
CLAIMS.MAOE
€ L EACHACCTOENT _$
E L DISEASE. EA EMPTOYEE S
E L DISEASE - POLICY IIMIT I
5t9224 t/t/2at7 1/t/zota
ER
500
500 ,000
500 ,000
oESCRTPTIOi OF OPERATIONS / LOCAITONS / VENIC IES (ACORO 1Ol, Additlon.l R.,nrrt! Sch.dut., m.y b..(..hed ilmorr !p!c. t! r.qulr.d)RE: Boig€ Riwer OutfaII puntr) Station Upgrades
CERTIFICATE HOLOER CANCELLATION
City of Meridian
33 E Broadway AveMelidian, ID A3642
SHOULD ANY OF THEAAOVE DESCRIBED POLICIES AE CANCELLEO SEFORETHE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIOT{S.
AUTHORIZED REPRESENTATIVE
Alyshia Gamble /AG Aat+ t^z- -
O 1988.2014 ACORO CORPORATTON. A rights reserved.
The ACORO name and logo are registe.ed marks of ACORDACORD 25 (2014/01)
lNSO25 ru orror r sx
CERTIFICATE OF LIABILITY INSURANCE
PROOUCER
Pogt Insuranc6 Serwic6s, Inc.
2717 W. Bannock St.
P. O. Box 8{{7
Boise ID 83707
INSUREO
Irming€r ConsCruction, Inc.
25094 HoDedale Rd
1, 000 , o0o
GEN'L AGGREGATE LIMIT APPTIES PER'
, eorrcv i x !5& --.o"
EACH OCCURRENCE
3/!!/2017 3/l!/2a\8 AGGR€GArE
5
s
s
WOR(ERS COMPENSATION
ato EIPLoYERS' LtABtLtlY Y/NAN! PqOoFtETOR,pAc_NLR/ExECJTtvE
_ Of.,CEq/VEMBEqL\C-UDED'u (M.ndatory in NHI
llyes doscnbe und€r
DESCRIPIION OF OPERATTONS b6tN
Agency Code 39-0011-00 Policy Number 1 44639 - 577 537 ?7
This endorsomont modlffes insurancs providsd under tho fiollowing
COMMERCIAL GENERAL LIABILtTY COVERAGE FORM,
A. Under SECTION ll - WHO lS AN INSUREO, the
following is added:
A person or organization is an Additional lnsurad,
only wilh respect to liability arising out of'your
work' br that Additional lnsured by or ficr you:
1. lf required in a written contract or agrsement;
or
2. lf requlrod by an oral contract or agreemenl
only if a Certificate of lnsurance was issusd
prior to the loss lndicating that tho person or
organization was an Additional lnsured.
8. Under SECIION lll - LIMITS OF INSURANCE, the
following is added:
The limits ol liability for the Additional lnsured are
those specifed in lh6 wriften conlract or agroe-
ment batween lhe insured and lho owner, lossee
or contractor or lhos6 specifiod in the Corlificato
of lnsurance, if an oral contract or agreemont, nol
to excoed ths limits provided in this policy. These
limits are inclusive of and not in additlon to lho
limils of insurance shown !n the Declarations.
C. SECTION IV . COMMERCIAL GENTRAL LIABILITY
CONDITIONS, is amended as follows:
COMMERCIAL GENERAL LIABILITY
s5373 (1{7)
2. The ficllowing provision is added
Other Additional lnsur€d Coverago lssuod By
ts
lf this policy provides coverage br lhe same
loss lo any Additional lnsurod spocifically
shown as an Additional lnsured in another
endorsoment to this policy, our maximum limit
of insurance under this sndorsemonl and any
oth6r endorsement shall not oxcesd tho limit
of insuranco in the written contracl or agreo-
mont botween the insur6d and th6 owner, les-
see or conractor, or ths limits provided in this
policy, whlchever is less. Our maximum limit
of insuranc6 arising out of an 'occurrencs',
shall not exceod the limit of insurance shown
in the Declaralions, ragardless of tho number
of insureds or Additional lnsureds.
All other policy terms and condilions apply
BLANKET ADDITIONAL INSURED
lncludes copyrighted material of lnsurance Services Oflico, lnc., with its permission
Copyright lnsurance Services Office, lnc., 1984,2003.
1. Ths bllowing provision is added to 4. Otror
lnsurance:
This insurance is primary for ths Additional
lnsured, but ooly with rsspect to liability aris-
ing oul of 'your work' br that Additional ln-
sured by or for you. Other insurance avail-
able to the Additional lnsured will apply as
excess insurance and not conlribute as pri-
mary insurance to tha insurance providsd by
lhis endorssment.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAO IT CAREFULLY,
Page 'l of 1