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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