Schmidt Construction - Locust Grove and Lake Hazel Waterline ExtensionCONTRACT FOR PUBLIC WORKS CONSTRUCTION
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
PROJECT# 10640.C
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 of the State of ldaho, hereinafter referred to as
'CITY', 33 East Broadway Avenue, Meridian, ldaho 83642, and Schmidt Construction Co..
lnc., hereinafter relerred to as "CONTRACTOR', whose business address is 15883 Robber
Place, Cald il. tD 83607 and whose Public Works Contractor License # is PWC-16406.
INTRODUCTION
Whereas, the City has a need for services involving waterline construction;
and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property ot the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
minner and for any purposes whatsoever and to authorize others to do so. lf any
such work is copyrightable, the Contractor may copyright the same, exceptthat, 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,
itate and city laws, ordinances, regulations and resolutions' The Contractor
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION PAgE 1 OT 14
Project 10640.C
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or proressions that
are used in performance of this Agreement and that are in effect at the time of
per{ormance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount oI $818,863.24.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval bytheCity. The Citywill notwithhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideralion in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves ol absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become etlective 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'
g.2 Should contractor delault in the perlormance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor'
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION PAgE 2 Of ,14
Projecl 10640.C
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days lrom the date payment is due.
4, Liquidated Damages:
Substantial Completion shall be accomplished within 150 (one hundred f itty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
of the facilities, both lrom an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $500.00 (five hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 180 (one hundred
eighty) calendar days to complete the work as described herein. Contractor shall
be liable to the City for any delay beyond this time period in the amount of $500.00
(five hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specitying the elfective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event o, any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option ol the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
5.2 Notwithstanding the above, ooNTRACTOR shall not be relieved of liability to
the clTY for damages sustained by the clTY by virtue ol any breach of this
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION PAgE 3 Of 14
Project 10640.C
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR tor the purposes of set-off until such time as the exact amount of
damages due the Clry from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
6. lndependentContractor:
6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent ol 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 therelore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the perrormance of this agreement shall be made by
the CITY.
6.2 Contraclor, its agents, officers, and employees are and at alltimes during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled lor work
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contract.
9, lndemnification and lnsurance:
9.1 CONTRACTOR shall indemnily and save and hold harmless CITY and it's
elected officials, otficers, employees, agents, and volunteers from and for any and
LOCUST GROVE & LAKE HAZEL WATERLINE ETTENSION PAgC 4 Of 14
Project 10640.C
all losses, claims, actions, judgments ,or damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servants, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employees.N T R h lm rn S ecificall
at it will h term of IS reemen liabil
insurance, in which th e CITY shall be named an additional ins ured in the minimum
amounts as follow:General Liability One Million Dollars ($1 ,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1 ,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits ol insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence ol 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 oi eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related invesligations, claim administration
and defense expenses.
g,4 To the extent of the indemnity in this contracl, contractor,s lnsurance
ior"r"g. stit ne primary insurance regarding th-e city's elected officers, officials,
"lnpf
oyl"s anO volunteeis. Any insurance or self-insurance maintained by the City
"ii[" 6itvt .r"cted off icers, officials, employees and volunteers shall be excess ol
the Contiactor's insurance and Shall not contribute with Contractor's insurance
except as to the extent of City's negligence'
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Project '10640.C
page 5 ot 14
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 AII insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
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 of the essence with
respect to each and every term, condition and provision hereof , and that the lailure
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 Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to turnish faithlul performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of ldaho. ln the event that the contract is subsequently terminated for
failure to perform, the contractor and/or surety will be liable and assessed for any
and all costs for the re-procurement of the contract services.
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
tor 2 years f rom the date of the City ot Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
moditications, which by this reference are made a part hereof '
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
13.
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Proiect 10640.C
Changes:
The CITY may, from time to time, requesl changes in lhe Scope of Work.to be
oerformed heieunder. Such changes, including any increase or decrease in the
'amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the clTY and CoNTRACTOR, shall be incorporated in written
amendments which shall be executed with the same lormalities as this Agreement.
page 6 ot 14
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. MeridianStormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: http://www.meridiancity.orq/environmental.aspx?id=1 361 8.
Contractor shall retain all stormwater and erosion control documentation generated
on site during conslruction including the SWPPP manual, field inspections and
amendments. Prior to rinal acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to f inal acceptance of the project.
16. ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, tines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
17. Reports and lnlormationr
17.1 At such times and in such lorms 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 of this Agreement-for a minimum of
lour'(4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic andevery
other means ol recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Project 10640.C
page 7 o'f 14
18. Audits and lnspections:
At any time during normal business hours and as otten as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use ol Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code
Section 2176. Specifically, the Contractor agrees nol to discriminate against any
employee or applicant tor employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
atfirmative 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 performing the Work required herein,
CONTRACTOR shall not unlavvfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis 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 ninetyjive 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 from its attorney's or the opportunity to seek such
advice.
23.Attorney Fees:
should any litigation be commenced between the parties hereto concerning this
Agreemeni, the prevailing party shall be entitled, in addition to any other relief as
miy be granted, to court costs and reasonable attorneys'fees as determined by a
court of competent jurisdiction. This provision shall be deemed to be a separate
page 8 of 14LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Proiect 10640.C
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenJorceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
26. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral ol written, whether previous to the
execution hereof or contemporaneous herewith.
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, trans1er, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement tor compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
29
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Project '10640.C
Cleanup:
contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the contractor shall remove all traces
of waste materials and debris resulting lrom the work. Final payment will not be
made if cleanup has not been pertormed.
page 9 of 14
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 SCHMIDT CONSTRUCTION CO., INC.
Purchasing Manager Attn: William Schmidt
33 E Broadway Ave 15883 Robber Place
Meridian, ID 83642 Caldwell, ID 83607
208-489-0417 Phone: 208-459-2461
Email: sam@schmidtconstruction.biz
Idaho Public Works License #PWC -C-16406
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:
TAMMY de W , MAYOR
Dated:
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Project 10640.0
SCHMIDT CONSTRUCTION CO., INC.
BY: if ; ;1 fir► ver:
WILLIAM SCHMIDT, PRESIDENT
Dated:
page 10 of 14
Approved by Council: C / ;"v- / X 17
Attest: /A�2�
CJ COLES, ITY &tERK
PurchasingApproval
BY:
KEITHWAITS, Purchasihng Manager
Dated:: (�o /ez/ 7
Project Manager
Brent Blake
0 tpTEDA
,FgkFGC,�s i
s
o
�-�►'� E� hy of
IDIAN�.
� IDAHp
SEAL
Department Approyal
WAAREN STEWART, City Engineer
Dated:: nA/ I
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION page 11 of 14
Project 10640.0
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW.1734.10640.C
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-l734-10640.C, are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
PLANS - Locust Grove & Lake Hazel Waterline Extension
by Civil Survey Consultants, lnc. dated October 2016
(10 pages)
SPECIAL PROVISIONS by Civil Survey Consultants, lnc.
dated 12-2-2016
(18 pages)
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Prolect 10640.C
page 12 of '14
Exhibit B
MILESTONE / PAYMENTSCHEDULE
Total and complete compensation for this Agreement shall not exceed
$818,863.24.
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Proiect 10640.C
Substantial Completion 150 Days from Notice to ProceedMilestone 1
180 Days from Notice to ProceedMilestone 2 Final Completion
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION per IFB PW-1734-10540.C
NOT TO EXCEED CONTRACT TOTAL.$818S6p1
Contract is a not to exceed amount. Line ltem pricing below wlll be used for invoice veritication and any
addltional increases or decreases In work requested by city. The City will pay the contractot based on
actual quantities ol each item ol work in accordancs with the contract documents.
Quantity Unit Unil PriceItem No.Description
1,603 SY S10.60Type C Surface Restoration307.4.1.E.1.
2,180 SY s26.s0307.4.1.G.1.a.Type "P" Surface Restoration - Locust
Grove Road
3,793 SY S3s.93Type "P" Surface Restoration - Lake
Hazel Road307.4.1.G.1.b.
553 SY 537.72Type "P" Surface Restoration -
Temporary307.4.1.G.1.c.
'199 LF s30s.00Pipe Boring and Jacking308.4.1.A.1.
LF S2s.so846" PVC, AWWA CgOO, DR18
Water Main401.4.1.A.1.a.
LF S41.848,39312'PVC, AWWA CgOO, DR18
Water Main401 .4.1.A.1.b.
s1,123.007EA6" Gate Valve402.4.1.4.1 .a.
s2,230.001712" Gate Valve402.4.1.A.1.b.
s2,700.007EAFire Hyd rant Assembly403.4.1.A.1.
s4,700.001EAStaging Area1001 .4.2.A.1 .
s9s0.002EAStabilized Construction Entrance1001 .4.2.B.1
s3.83849LF1003.4.1.G.1.
s20,87s.001LSTraffic Control'I 103.4.1.A.1.
page 13 of '14
A.
MILESTONE DATES/SCHEDULE
PRICING SCHEDULE
Contract Pricing Schedule
EA
Straw Wattle
20 t 0.4.1 .A.1 .Mobilization 1 LS s38,97s.00
SP-1 24'4,3/8" Thick Steel Water Main
Casing 241 LF s13s.00
SP-2 Leak Detection Metering Station
Per Meridian SD-W14 2 EA s1,8s0.00
SP.3 Automatic Air Release Valve 1 EA s1,ss0
sP-4 2" Blow-off Assembly Per Meridian SD-
w12 Z EA S1,8Eo.oo
LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
Project 10640.C
page 14 of 14
CONTRACT CHECKLIST
Date: REQUESTING DEPARTMENT
Project Name:
Project Manager: Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order? Yes No Change Order No.
Fund: Budget Available ( Purchasing attach report ):
Department Yes No Construction
GL Account FY Budget: Task Order
Project Number: Enhancement: Yes No Professional Service
Equipment
Will the project cross fiscal years? Yes No Grant
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
Master Agreement Category
(Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date: Corporation Status
Insurance Certificates Received (Date): Expiration Date: Rating: A+
Payment and Performance Bonds Received (Date): Rating: A+
Builders Risk Ins. Req'd: Yes No
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda: By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
N/A N/A N/A N/A
Goodstanding 16406 6/30/2018
I. PROJECT INFORMATION
6/8/2017 1/1/2018
FY17
4/17/2017 Public Works
Locust Grove Road and Lake Hazel Rd Waterline Extension
V. BASIS OF AWARD
6/1/2017 June 8, 2017
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
June 12, 2017
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
Warren Stewart 6/9/2017
VII. TASK ORDER SELECTION (Project Manager to Complete)
6/8/2017
Award based on Low Bid Highest Ranked Vendor Selected
$818,863 Brent Blake
If yes, has policy been purchased?
Construction Contractor - Schmidt Construction/Consultant - Civil Survey Consultants
III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete)
60
3490
96140
10640.c
TASK ORDER RFP / RFQ BID
BID RESULTS
Si
g
n
e
d
Bi
d
B
o
n
d
Li
c
#
Su
b
s
X X X X
X X X X
X X X X
Attest: Barb Nielsen
DUE DATE & TIME: MAY 22, 2017 2:30
BID NUMBER: PW-1734-10640.C
BID NAME: LOCUST GROVE & LAKE HAZEL WATERLINE EXTENSION
$858,466.05
BID AMOUNT
$914,211.00
$818,863.24
Opened by: Karen Wooddell
VENDOR
Blue Sky Construction
Knife River
Schmidt Construction
City Of }lalj.diatt
Detailed Stateis<t of Revenues and Expenditures - Rew algtxp Report
3{90 - tlater Conatruction Projecta
60 - Eate4)riae tund
Ftam IA / | /2015'thtonqhl 9 /3A /2A1 7
Budget with Cui.rent Year
Actual
Budge t
Remarning
Kei th
Percent of
Buclget
Remaining
L!r29 Nor!h Penngrowe liay -
Water Main Connectlon
Total Capital OuElay
0.00 20, 150 . 00 (20,150.00)0.003
2 328 429.52 483 19.24\
TOTAL EXPENDITURES 2 829 -52 1,845,444.95 19 -242
Dat:e:4/t9/t1 0 4:43: t 3 PU
483,388.57
ACORijP CERTIFICATE OF LIABILITY INSURANCE 6ilc52017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OI.ILY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR EGATIVELY AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED AY THE POUCIES AELOW THIS
CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CO TRACT BETWEE THE ISSUI G INSURER(S). AUTHORIZED REPRESENTATIVE OR
PRODUCER, AND THE CERTIFICATE HOI.DER.
IMPORTANT: ll the cerlillcate holder is an ADDITIO AL INSURED, Ote pollcy(l6s) must ha\re ADDITIONAL IIISURED provlsions or be sdorsed. l,
SUBROOATION lS WAIVED, sublGct to the tcrrns and conditions ol the policy, c6rtaln policic6 may rcquire an endorsement. A statcment on this
certiticat€ doss not conier rlofrs to th6 c€rlitlcal€ holder in li€u ol start elldors€rtronlas).
FEDERATED MUTUAL INSURANCE COMPANY
HOME OFFICE: P.O. BOX 328
CMVATONNA, MN 55Od)
CL ENT CONTACT CENTER
{a/c. tlo. Eri}: 8a&3:}3-494S {a/c. tro):507-44H681
i-lHLs' cTTEITcoTTACTCENTERAFEDINS.coM
INSURER(S) AFFORDII{C COVERAGE
I SURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935
IIiISIJRED
SCHMIDT CONSTRUCTION COMPANY INC
15883 ROBBER PL
cALDf/ELt- tD 8:)607-5025
3U-113-?
COVERAGES CERTIFICATE NUMBER:29 REVISION NUMBER:o
THIS lS TO CERTIFY THAT THE POLICIES OF INSURAI{CE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOO
INDICATED NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES OESCR]BED HEREIN IS SUEJECT TO ALL THE TERMS, EXCLUSIONS
ANO CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUC€D BY PAID CLAIMS,
LIMITS
x COMMERCIAI GENERA! LIAB LITY
5I3; E.*
x
N 9151227 o1toIt2017 01/41n018
$1,000,000
PREMISES lE.6.drEnel $100,000
MED ExP (Ary on. p.6dl EXCLUDED
PERSOTIAL & ADV INJURY $1,000,000
GENERAL AG6RE6ATE $2,000,000
PRODUCTS . COMP/OP ACG $2,000,000
AUTOMOAILE LIABIfITY
x
SCHEOULEO
N N 9151227 01to1/2017 01/01/2018
MBINEO SINCLE I.IMIT $1,000.000
BoDTLY r JURY (Per p.B6)
aODILY INJURY (P.r..cideno
x
EXCESS ftAA
x
N N 915T 229 01t01t2017 01t01t2018
$10,0m,000
$10,000,000
OED RETENTION
WORKERS COMPEI{SATIOI{
AT{D EMPIOYERS' LIABILITY
Al{Y PROPRIEIOR/PARTNER/EXEcUTI'et
OFFICER/MEMBER EXCLUDED?
DESCRIPIION OF OPERAIIONS b.toe
N 9151228 41tolt2017 01ta1n01B
x OTH-
$500,000
E L. OISEASE. EA EMPI.OYEE $500,000
E,L DISEASE. POLICY UMIT $s00,000
DESCRIPTIONOFOPERATIOI{S/LOCAIlo|lS/\TEHICLES(ACORDr01,AddilimtR.n.rfcS.t.t/tB,n.yb..tbdEr,ilhoE!r@i.[qui6d)
SEE ATTACI{ED PAGE
CERTIFICATE HOI.DER CANCELI-ATION
384-1197
CITY OF MERIDIAN
33 E BROADWAY AVE STE 210
MERtDtAN, tD 83A{2-2619
SHOUI.D ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELIED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DEUVERED IN
ACCORDATICE WTH THE POUCY PROVISIONS.
AUTHORIZED REPRESENIATIVE
@ 1988-201 5 ACORD CORpORAT|ON. AI rigt(s reserved.
ACORD 25 (2016 8)The ACORD mme ahd togo arc regist.red rrlarks o( ACORD
N
r
FEDERATED MUTUAL NSU RANCE COMPANY
NAII'ED INSIJRED
SCHMIDT CONSTRUCTION COMPANY INC
15843 ROBBER PL
CALDr''ELL, ID 83607-5025SEE CERTIFICATE # 29.0
SEE CERTIFICATE # 29.0 EFfEC'IVE DAIE; SEE CERTIF CATE # 29.0
AGENCY CUSToMER lD: 384-113-7
LOC #:
ADDITIONAL REMARKS SCHEDULE Pase -L ot -L
@ 2qE ACORD CORPORATTON. A rigt s reserved.
The ACORD narn. and logo ara registared marks of ACORD
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDUE TO ACORD FORM,
FORM NUMBER: ____2L FOnM TlTtr CERT FICATE OF LIABIL ry INSURANCE
PRoJECT: LOCUST GRoVE & LA(E HAZEL I{ATERLTNE EXTEI{SIOII SURA}EE PROVIDED BY THE GE ERAL LIABILITY COVERAGE IS PRI}IARY A},ID NO}EOIITRTBUTORY OVER OTHER INSURAT{CE.
GEI{ERAL LIABILITY COVERAGE COIIAIIIS CG 25 03 DESIGI{ATM C(llsTNUCTIot{ GEHERAL AEGREGATE LIIIIT ENIX'RSEI'IENI
APPLICABLE TO EACH CONSTRUCTION PROJECT AS REQUIRED BY I{RITTEI{ COiTTRACT OR WRITTEN AGREEI{E}'IT.
THE CERTTFICATE HOLDER IS AN ADDITI$IAL II{SI'RED SUBJECT TO THE CO}IDITISIS OF THE ADDITIC{AL II.ISUREO - OXNERS,
LESSEES OR C(I{TRACTORS. AUTO{ATIC STATUS IIHEII REQJIRM IN C$lsTRIrcTIOI AGREEHEIIT XITH Yq'R ET{DORSE}IENT FOR
GENERAL LIABILITY.
ACORD 101 (2q,8m1)
,qcilo"
WAIA Document A312^ - 2010
Pertormance Bond
I Bond Number: 6044893
CONTRACTOR:
(Name, legal slalus and address)
SURETY:
(Ndme, legal slatus and principal
place of business)
Federated Mutual Insurance Company
PO Box 328
Owatonna, MN 55060
Schmidt Construction Co Inc
15883 Robber Place
Caldwell ID 83607-5025
ADDITIONS At.ID DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AIA slandard form. An Additions and
Deleliors Report that notes added
information as well as revisions to
the standard form texl is available
f.om the aulhor and should be
reviewed. A verlical line in lhe left
margin of this documenl indicales
where the author has added
necessary informalion and where
the author has added to or deleled
from the originalAlA text.
OWNER:
(Name, legal stqtus and address)
City of Meridian, Purchasing Department
33 E Broadway Ave, Suite 106
Meridian, ID 83642
Bid No.: PW-1734-10640.C
CONSTRUCTION CONTRACT
Date: June 13, 2017
Amount: $ 818,863.24 (Eight Hundred Eighteen Thousand Eight Hundred
Sixty-Three and 24l100-. Dollars)
Description:
(Name dnd location)
Job Name: Locust Grove & Lake Hazel Waterline Extension, Meridian, ldaho
Work Includes: waterlines, valves/fittings, fire hydrants, trench work, trucking,
traffic control, paving, (Traffic Control, and paving by subcontractors)
BOND
Date:
(Not earlier than Construction Contracl Dqte)
June 13,2017
Amount: $ 818,863.24 (Eight Hundred Eighteen Thousand Eight Hundred
Sixty-Three and 24l100- Do
Modifications to this Bond:
Ilars
None See Section l6
CONTRACTOR AS PRINCIPALCompany: (Corporate Seal)
This document has important legal
consequences. Consultation with an
attomey is encouraqed with respect
10 its complelion or modificalion.
Any singular reference to
Cmkactor, Surety, Owner or other
party shall be considered plural
where applicable.
SURETY
Company:
hrr* ru.",
Name and
Title:
(Corporate 0
Signature:
Name and
Title:
willi Schmidt,tsa sh
President Fact
(Any additional signatures appear on lhe last page ofthis Performance Bond)
(FOR INFORMATION ONLY - Name, address and telephone)
AGENT oT BROKER: OWNER'S REPRESENTATIVE:
(Atchitect, Engineer or other party:)
AIA Document A312 -2010 Perfomancs Bond. The American lnstilule ofArchitects. Allrights r€servect. WARNINGiThis AlAa Docum
bv U.S. copyright Law and lnternationalTreaties. Unauthorizecl reproduction or distribution ofthis AlAc Documeni, orany porrioD of
severe civiland cnminal penalties, and will be prosecuted to the marimum extent possibte underthe law. This documentw;s produced
at 14:17:12 on 0610512917 under Order No.0844510437-t which expircs on O9/OB/20.r7, and is not for resate.
lnit,
(1097805881)
1
xY
x
$ 1 The Contractor and Surety. iointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance ofthe Construction Contract, which is incorporated herein
by reference.
S 2 lf the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation
under this Bond, except when applicable to participate in a conference as provided in Section 3.
$ 3lfthere is
after
.1
.2
.3
no Owner Default under the Construction Contracl, the Surety's obligation under this Bond shall arise
the Owner first provides notice to the Contractor and the Surety that the Owner is considering
declaring a Contractor Default. Such notice shall indicate rvhether the Owner is requesting a
conference among the Owner, Contractor and Surety to discuss the Contractor's performance. Iffie
Owner does not request a conference, the Surety may, within five (5) business days after receipt of
the Owner's notice, request such a conference. lfthe Surety timely requests a conference, the Owner
shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1
shall be held within ten (10) business days ofthe Surety's receipt ofthc Owner's notice. Ifthe
Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to
perform the Constuction Contract, but such an agreement shall not waive the Owner's right, ifany,
subsequently to declare a Contractor Default;
the Owner declares a Contractor Default. terminates the Construction Contract and notifies the
Surety; and
the O\,'Ter has a$eed to pay the Balance ofthe Contract Price in accordance with the terms ofthe
Construction Contract to the Surety or to a contractor selccted to p€rform the Construction Contract.
$ 5 When the Owner has satisfied the conditions ofSection 3, the Suretyshall promptly and at the Surety's expense
take one ofthe following actions:
$ 5.1 Arange forthe Contractor, with the consent ofthe Owner, to perform and complete the Construction Contractl
S 5.2 Undertake to perform and complete the Construction Contract itsell', through its agents or independent
contractors;
$ 5,3 Obtain bids or negotiated proposals iiom qualified contractors acceptable to the Owner for a contract for
performance and completion ofthe Construction Contracl, arrange for a contract to be prepared lbr execution by the
Owner and a contractor selected with the Owner's aoncurrence, 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 ofdamages as described in Section 7 in excess ofthe Balance ofthe Contract Price incurred by the Owner
as a result ofthe Contraator Default: or
$ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.l Affer investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or.2 Deny liability in whole or in part and notiry the Owner, citing the reasons for denial.
S 6lfthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond seven days after receipt ofan additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Orvner shall be entitled to enforce any
remedy available to the owner. Iflhe Surety proceeds as provided in Section 5.4, and the owner refuses the
payment or the Surety has denied liability. in whole or in part, without further notice lhe Owner shall be entitled to
enforce any remedy available to the Owner.
AIA Document A3i2t - 2010 Pefonn.nce Bond. Tho Ameican lnstilute of Architecls. Alt rlghtr reserved. WARNING:This alAr Documenl is p.otectecl
by U.S Copynght Law and lnternalional T.eaties. Unaulho.ized rcproductio. or distribstion of th|s ara Oo.ument or.ny portion of ir, may .e3uti i.
serere civil and craminal perrarli€s, and wi,l be prosecuted lo lhe maximum en€nt possibre u.der tne iaw. This document was produced by AtA sofiware
al 13:25:34 on 06105/2017 under Ordd No.0844510437_1 which 6xpires on 09/08/2017, and is not for resele.
Uier Not*: (1211707958)
lnit.
$ 4 Failure on the part ofthe Owner to comply with the notice requirement in Section 3.1 shall not constitute a
failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations,
except to the extent the Surety demonstrates actual prejudice.
3
S 7 Ifthe Surety elects to act ulder Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Surety to the Owner shall
not be greater than those ofthe Contractor under the Construction Contract, and the responsibilities ofthe Owner to
the Surety shall not be greater than those ofthe Owner under the Construction Contract. Subject to the commitment
by the Owner to pay the Balance ofthe Contract Price, the Surety is obligated, without duplication, for
.l the responsibilities ofthe Contractor for correction ofdefective work and completion ofthe
Construction Contract;
.2 additional legal, design professional and delay costs resulting ilom the Contractor's Default. and
resulting fi'om the actions or failure to act ofthe Surety under Section 5; and
.3 liquidated damages, or ifno liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance ofthe Contractor.
S 8 If the Surety elects ro act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount ofthis
Bond.
$ 9 The Surety shall not be liable to the Owner or others for obligations ofthe Contractor that are unrelated to the
Consruction Contract, and the Balance ofthe Contract Price shall not be reduced or set offon account ofany such
unrelated obligations. No right ofaction shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, adminisaators, successors and assigns.
$ '10 The Surety hereby waives notice ofany change. including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
$ 1l Any proceeding, legal or equitable, under th is Bond m ay be instituted in any court of competent jurisdiction in
the location in which the work or part ofthe work is located and shall be instituted within two years after a
declaration of Contractor Default or within two years afler the Contractor ceased working or within two years after
the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. Ifthe provisions ofthis
Paragraph are void or plohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction ofthe suit shall be applicable.
$ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
! 13 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted heretom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
S 14 Definition8
S 14.1 Balance of the Conlract Price. The total amount payable by the Owner to the Contractor under the
aonstruction Contract afler all proper adjustments have been made, including allowance to the Contractor ofaoy
amounts received or to be received by the Ou,ner in settlement ofinsurance or other claims for damages to which
the Conractor is entitled, reduced by all valid and proper payrnents made to or on behalfofthe Contractor under the
Construction Contract.
S 14.2 Construclion Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
s 14.3 contractor Default. Failure ofthe contractor, which has not been remedied or waived, to perform or otherwise
to comply with a material term ofthe Construction Contract
S 14.4 Owner Default Failure ofthe Owner, which has not been remedied or waived, to pay the Contractor as
iequired under the Construction Contract or to perform and complete or comply with the other material terms oflhe
Construction Contract.
s ,14.5 contract Documents. All the documents that comprise the agreement between the owner and contractor.
AIA Document A312 - 2010 Pertormance Bond. The Am
by U S Copyright Law and lntorontional Treaa,.s Unauth
ericanlnstituteofArchitects.Allright!ttservod.wARNING:ThisAIA'Doclrmentisprotecled
uction o. dist buti;n of th3 AIA' Bocument. or any po(ion of it, mav r€su Itr 4
s;vere civil and criminalpenalties, a.d will b€ prosecuted
d t3:25:34 on O6lO5t2O17 unde. Order No 0844510437-1wh
um oxteflt possible utrder $e law This docum€nl was produced by AIA soflw
ln it.
ich expir6s on 09/08/2017, and is nol lor resale
(1211707956)
S '15 Ifthis Bond is issued for an agreement betueen a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed lo be Subcontractor and the tenn Owner shall be deemed to be Contractor.
$ 16 Modifications to this bond are as follows:
(Space is provided beloi, for additional signalures ofqdded pqrties, olher thqn those appearing ox the cover page.)
CONTRACTOR AS PRINCIPAL SUREWCompany: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Nanre and Title:
Address:
ING: This AIA? Document is prorecled
ment. or any portion of ir, m;y result in
document was produc6d by AIA sofrware
{1211707958)
lnit.AIA Doclment 4312 - 2010 Porfomance Bond. The American tnstitde of Architecis. AI right 6sorved. WARNby U.S copyrighr Law and rnternarioDat Treatics. Un:urhorized reprortLrctioo or dist.buti;s of this AIA-. oocu
severe civil anii cirn nal porlsllres. and wiI be prosec!ted to the ,nn)drnum exle.t possibte under the taw Thisat 13:25:34 on OOlO5l2O17 u6der Order No.08445j0437_1 which expircs on 09/08/2017, snd is not for resate.
5
'W.AIA Document A312^ - 2010
Payment Bond
Schmidt Construction Co Inc
15883 Robber Place
Caldwell ID 83607-5025
ADDITIO}{S ANO 0ELETIONST
The author of this document has
added informalion needed for ils
complelion. The author may also
hale revised the texl of the original
AIA standard form. An,4dditions and
Delelions Report lhat noles added
information as well as revisions lo
the standard form lext is available
from the author and shorJld be
reviewed. A vertical line in the left
margin of lhis document indicates
where the author has added
necessary information and where
the aulhor has added to or deleted
from the originalAlA texl.
I Bond Number: 60.14893
CONTRACTOR:
(tr'dnc, legal slat s dnd address)
SURETY:
(Name, legal galus and principal
place of business)
Federated Mutual Insurance Company
PO Box 328
Owatonna, MN 55060
SURETY
Company
OWNER:
(N-amc, legal sl.tlus arul adtlress.l
City of Meridian, Purchasing Depanment
33 E Broadway Ave, Suite 106
Meridian, ID 83642
Bid No.: PW- 1734- 10640.C
CONSTRUCTION CONTRACT
Date: June 13,2017
Amount: $ 818,863.24 (Eight Hundred Eighteen Thousand Eight Hundred
Sixty-Three and 24l100- Dollars)
Description:
(Name and location)
Job Name: Locust Grove & Lake Hazel waterline Extension, Meridian, Idaho
Work includes: waterlines, valves/fittings, fire hydrants, trench work, trucking.
trarfic control, paving, (Trallic Control, and paving by subcontractors).
This document has important legal
consequences. Consullalion with an
attorney is encouraged wilh respect
to ils complelion or modillcation.
Any singular reference lo
Conlractor, Surety, Owner or olhea
pa.ty shall be considered plural
where applicable.
CONTRACTOR AS PRINCIPALConrpany: (Corporute Seul)
Signature:
Name and
Title:
((.orporate
lgnature:
illiam Sc midt.Nanre and SA af,
President Title Arr -Fact
(Any addilional signatures qppear on llp last puge of this Payment Bond.)
(lOR INFORM+I'ION ONLY Name. address ancl telephone)
AGENT oT BROKER: OWNER,S REPRESENTATIVE:
(Archilect, Engineer or other part!:)
AIA Document A312n - 2010 p.yment Bond. The Ame.ican ln3utute of Archilecls. All.tgh
U.S. copy,ight Law and internationir Trealros Unaulhonzed reprocluclion or distribuio
s6rere civil and crimrnat penattres, ard vril be prosecuted to the m.rimum exien! possi
al 14115 43 on 06/05/2017 undo. Order No.0A44510437_t which sxpires on O9/0Bl2O.|7, end i
b r€aerved. WARNING: This AtA: Docum€nt is prot€cted by
n otthis AIA locument, or a.y portaon of it. may resul in
ble uaderthe law. This documenl w66 producsd byAtA soflware
ln it.
\1785279047)
I
BOND
Date:
(Nol eqrlier than Conslruction Contract Date)
June 13,2017
Amount: S 818,863.24 (Eight Hundred Eighteen Thousand Eight Hundred
Sixty-Three and 24l100- Dollars)
Modifications to this Bond: I X--l None f_l See Section 18
AIA Oocument A312fl - 2010 P
u S copyright Law and lnte.na
severe civiland crnninal ptnalt
al 14:15:43 on 06/05/20'17 under
.vment Bond. TheAmerican Insttule ol Archilecls al
ti;nal Trcat.s Jnaulhoflzed'el'odu't'o^'-dr<lI
!cs. drro {rll n. D'osPcJlt d lo t" m r rirr ur' t rl'nl
Order No 0844510437-1 which €xptres on 09/08/2017
irFott ,"serr.C. WlnXtNG: Thrs AIA Docume^t s protected by
t,,i"nottr,'sarr' OocLrment oranv portio' of n mav res''ll'r
;;ssible under tha law. This docum6ntwas producsd bvAiA soRwa'e
. end is notfor resal€. (7A527gO47,)
lnit.2
5 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance
ofthe Construction Contract, which is incorporated herein by reference, subject to the following terms.
$ 2lfthe Contractor promptly makes payment ofall sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from claims, demands, Iiens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance ofthe Construction Contract, then the Surety and the
Contractor shall have no obligation under this Bond.
$ 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this
Bond shall arise afler the Owner has promptly notified the Contractor and the Surety (at the address described in
Section I 3 ) of claim s, demands, liens or suits against the Ou,ner or the Owner's property by any person or entity
seeking payment for labor, matedals or equipment fumished for use in the performance ofthe Construction Contract
and tendered defense ofsuch claims. demands, liens or suits to the Contractor and the Surety.
5 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at thc Surety's expense
defend, indemnil! and hold harmless the Owner against a duly tendered claim, demand. lien or suit.
$ 5 The Surety's obligations to a Claimant under this Bond shall ariseafterthe following:
$ 5.1 Claimants, who do not have a direct contract with the Conractor,
,l have furnished a written notice ofnon-pa),rnent to the Contractor, stating with substantial accuracy
the amount claimed and the name ofthe party to whom the materials were, or equipment was,
firmished or supplied or for whom the labor was done or performed, within ninety (90) days after
having last performed labor or last fumished materials or equipmenr included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section I 3).
$ 5,2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section l3).
$ 6 If a notice of non-payment required by Section 5. I . I is given by the Owner to the Contractor, that is sufiicient to
satisfu a Claimant's obligation to furn ish a written notice of non-payment under Section 5. I . l
$ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days afler recaipt ofthe Claim,
stating the amounts that a.re undisputed and the basis for challenging any amounts that are disputed; and
$ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not b€ deemed to
constitute a waiver ofdefenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. lf, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemni! the Claimant for the reasonable attomey's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
$ 8 The Surety's total obligation shall not exceed the amount of th is Bond, plus th e amount of reasonable attom ey's
Iees provided under Section 7.3, and the amount ofthis Bond shall be credited for any payments made in good faith
by the Surety.
$ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the
performance ofthe Construction Contract and to satisfy claims, ifany, under any construction performance bond.
By the Contractor furnishing and the O*,ner accepting this Bond, they agree that all funds earned by the Contractor
in the performance ofthe Construction Contract are dedicated to satisry obligations ofthe Contractor and Suretv
under this Bond, subject to the Owner's priority to use the funds for the completion ofthe work.
lnit.AIA Documont A3'12 - ml0 Peymont Aond. ThsAmencen tnslrtute of Architects. Altridhr.
U S Cop,,rglrt t"w dnrl nter-dtro.dt Irerir.s. L/naJthori.cd retrodur Lo. n, rr,en,lutr-o,,
scvere civrl and c.irni.at pe,tatties, aird wi be prosec!ted to tire marim!m etlent possrbl
at13:2344 on 6lO3t2O17 under Order No OO4it510437_1 which expir.B on 09/0S/2017, and is r
reseryed. WARNiNG: This A,A" Docnmenr is protocted byoftbis AIA'' Ooc.lnent, oriny po,lion of it, may.esutr in
€ Lrnder tne law. This document was produc6d byAtA soiware
114A2780213)
1
$ 7 When a Clairnant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
! 7.2 Pay or arrange for payment ofany undisputed amounts.
! l0 The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor thal are
inrelated to thi Construction Contract. The Owner shall not be liable for the payment ofany costs or expenses of
any Claimant under this Bond, and shall have under this Bond no obligation to make pa),rnents to, or give notice on
behalfof, Claimants or otherwise have any obligations to Claimants under this Bond'
$ 1l The Surety hereby waives notice ofany change, including changes oftime, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
$ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court ofcompetent
j-urisdiction in the state in which the project that is the subject ofthe Construction Contract is located or a{ier the
ixpiration ofone year from the date ( I ) on which the Claimant senl a Claim to the Surety pursuant to Section 5.l-2
or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were
fumished by anyone under the Construction Contract, whichever of(l) or (2) first occurs. Ifthe provisions ofthis
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction ofthe suit shall be applicable.
$ 13 Notice and Claims to the Surety, the O*1]er or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt ofnotice or Claims, however accomplished, shall be
su{frcient compliance as ofthe date received.
S 14 When this Bond has been fumished to comply with a statutory or other legal requirement inthe location where
the consruction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefiom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so fumished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
$ 15 Upon request by any person or entity appearing to be a potential beneficiary ofthis Bond, the Contractor and
Owner shall promptly fumish a copy of this Bond or shall permit a copy to be made
S 16 Definitions
S 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant:
.2 the name ofthe person for whom the labor was done, or materials or equipment fumishedi
.3 a copy ofthe agreement or puchase order pursuant to which labor, materials or equipment was
fumished for use in the performance ofthe Construction Contract;
.4 a briefdescription ofthe labor, materials or equipment fumished;
.5 the dale on which the Claimant last performed labor or last fumished materials or equipment for use
in the performance ofthe Conshuction Contracti
.6 the total amount eamed by the Claimant for labor, materials or equipment fumished as ofthe date of
the Claim;
.7 the total amount ofprevious payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment fumished as ofthe
date of the CIaim.
S 16.2 Claimant An individual or entity having a direct contract with the ConAactor or with a subcontractor ofthe
aontrdctor to firmish labor, materials or equipment for use in the performance ofthe Construation Conftaat. The
term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable
mechanic's lien or similar statute against the real property upon which the Project is located. The intent ofthis Bond
shall be to include without limitation in the terms "labor, materials or equipment" that part of \Yater, gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in the Construotion Contract, architeatural and
en-gineering services required for performance ofthe work ofthe Contractor and the Contractor's subcontractors,
ani all othir items for which a mechanic's lien may be asserted in thejurisdiction where the labor, materials or
equipment were fumished.
s,t6.3consttuc.tioncontract.Theagreementbetweentheownerandcontractoridentifiedonthecoverpage,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
alA Document A312 - 2010 PaYmInlt. U S Coptlqht taw,rnd ttrtcrnarion
severe civil aird criminal penaltios,
ent Bond. The Amei.an lnstrlute ofArchitecls. Allrig
al Treaties. lJnauthorized reproducticn or distributioh ofthis AlA" Document. o. anv portion of it, may resuli !1
at 13:23:/K on 05/05/2017 under order No.0844510437
and will be pr*ecutod to the maximum enent possib le u.der the law This documenlwas produced by AIA soffware
-1 which exprres on 09/08,2017, and is
\'148278A213J
4
$ 15.4 Owner Default. Faiiure ofthe Owner, which has not been remedied or waived, to pay the Contractor as
required under the Construction Contraat or to perform and complete or comply with the other material terms ofthe
Construction Contract.
S 16.5 Contract Documents. All the documcnts that comprise the agreement between the Owner and Contractor
S 17 lfthis Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
S '18 Modilications to this bond are as follows:
(Space is provided below /ot qdditional signatures of added parties, olher than lhose qppearing on lhe coyer Wge.)
CONTRACTOR AS PRINCIPAL SURETYCompany: (Coryorate Seol) Company: (Corporate Seal)
Signaturel
Name and Title:
Address:
AIA Document A3'12* - 2010 Peyment Bond. TheAmedcan tnstiiule ofArchilects. Afl rtghts re3erved. WARUS Copyrighi L.w:nd lntornational Tre.ties Una!thorizcd rcproduclton ordist.tbution ofthis AIA Oo
s.vere crv il ard criftrnar penaltres. and wilt be prosec!ied to the ma!i,num axt€nt possrble rinder the taw,
al 13:23:44 on OBlOSl20l7 under Order No.084451043 7_1 which expires on O9/OB/2017, and is not for resate.
NING: This AlAi Doc{ment is prolected by
cument. or any portion of it, may resuh ln
, This documenl was produc€d by AIA sofrwero
lnit.
l'14e27802 13)
5
Signature:
Name and Title:
Address:
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That FEDERATED MUTUAL INSURANCE COMPANY, a corporation duly organized and existing
under the laws of the State of Minnesota, and having its principal office in the City of Owatonna, State of
Minnesota. does hereby constitute and appoint:
LISA ROUSHAR of the ciry of OWATONNA State
I\4INNESOTAo1 its true and lawful attomey for the following purposes:
To sign its name as sur€ty to, and to execute, affix the seal, acknowledge and deliver any and all surety
bonds and penalties not exceeding:
NINE HUNDRED THOUSAND OOLLARS ($9OO,OOO) EACH
SCHMIDT CONSTRUCTION CO INC CALDWELL, ID
The execution of such bonds or undertakings in pursuance of these presents slrall be binding upon the
Company as ifthey had been cxecuted and acknowledged by the regularly elected officers ofthe Company.
This Porver of Aftorney granted by Federated Mutual Insurance Company shall terminate when the
designee ceases to be:
l) Employed by Federated Mutual lnsurance Company or
2)Employed by Federated Mutual Insurance Company in a job for which such Power of
Attomey is required.
IN WITNESS WHEREOF, the said FEDERATED MUTUAL INSURANCE COMPANY has caused
this instrument to bc signed and its corporate seal to be affixed by its Executive Vice President and Assistant
Secretarv this the 8TH day of APRIL 2016
FEDERA'I'ED MUTUAL IN SURANCE COMPANY
(sEAr.)ecuti e Vice resident
and BY
sistant Secretarv
STA.TE OF MINN ESO'fA
cor-tN]-Y or s'I'EFli-E
gn 16;5 &tll da, o1 APRIT 2016 personally appeared before me, the undersigieC nolary
public, James A. Thon and Jonathan R. Hansoa to me personally known, who, each being duly sworn by me, did
say that they are respectively the Executive Vi ce President and Assistant Secretarv ofthe FEDERATED IvfllTI,Al
INSURANCE COMPANY and that the seal affixed to this instrument is the corporate seal of said Corporation and
that this instrument was signed and sealed of behalf of said Corporation by authority of its Board of Drectrjrs and
said James A. Thon and
colporatiorl
@ XELLY J. HAGEN
lloTABY PUEUC . I NES0IA
It CottIl|btlu lplot .ho. 31,2020(SEAL)
Jonathan R. Hanson acknowledge said instrument to be the free act and deed of said
BY
COPY O!' RESOLUTION
*BE IT RESOLVED that the President or any Vice President in conjunction with the Secretary is hereby
authorized and empowered under tlre corporate seal of the Company, to appoint any person or persons as attomey
or afiorneys-in-fact, or agent or agents ofthe Company, in its name and as its act to execute and deliver, anyrvhere
in the United States or Canada, any and all bonds and undertakings of suretyship and other documents that the
ordinary course of surety business may require."
*BE IT FURTHER RESOLVED that the Power of Attorney or other document appointing such person or
persons as attorney or attomeys-in-fact or agent or agents of the Cornpany may either be personally signed by the
President, any Vice President, the Secretary or may be executed by said officers by means of facsimile signatures.
The said personal signatures or facsimile signatur€s shall not require the Cornpany seal or any other seal and shall
be valid and binding on the company if executed either by personal signature or facsimile signature and with or
without the Company seal being affixed thereto."
I, the undersigned, hereby certi! that I am a Executive Vice President of the FEDERATED MUTUAL
INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of Minnesota and
that the foregoing is a true and complete copy ofthe oliginal Power of Attorney given by said Company to:
of OWATONNA. MINNESOTA
authorizing and empowering such person to sign bonds as therein set forth, which Power of Attomey has never
been revoked and is still in full for ce and effect.
I further certifo that said Power of Attomey was given in pursuance of a resolution adopted at a regular
meeting ofthe Board ofDirectors ofsaid Company duly called and held at the office ofthe Company in the City of
Owatonna, Minnesota on the 20'r'day ofApril, l9 82 at whieh meeting a quorum was present and that the foregoing
is a tru€ and correct copy of said reso lution, and the whole thereof as recorded in the minutes of the said meeting.
PURSUANT to the By-Laws of Federated Mutual Insurance Company, Afticle 8, Section l; in the absence
ofor inability ofthe Secretary to act, his duties shall be perlormed by the Assistant Secretaries in the order oftheir
rank.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the FEDERATED
MUTUAL INSURANCE COMPANY this the 1 3TH day of JUNE 2017
FEDERATED IV{UTUAL ]NSURANCL, COMPT'NY
(lEAL)
A, / /?j/\)
E utive Vice President
LISA ROUSHAR