Pipeline Inspection Services Sewer Service Tee Repair Phase 2 Page 1
Memo
To: C. Jay Coles, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Laurelei McVey/PM
Date: 06/28/2017
Re: July 5th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
July 5th City Council Consent Agenda for Council’s consideration.
Approval of Award of Bid and Agreement to PIPELINE INSPECTION SERVICES for
the SEWER SERVICE TEE REPAIR – PHASE 2 project for a Not-To-Exceed
amount of $69,600.
Recommended Council Action: Award of Bid and Approval of Agreement to
PIPELINE INSPECTION SERVICES for the Not-To-Exceed amount of $69,600
and authorize Purchasing Manager to sign Purchase Order for the Not-to-
Exceed amount of $69,600.
Thank you for your consideration.
City of Meridian Purchasing Dept.
CONTRACT CHECKLIST
1.
PROJECT INFORMATION
Date:
REQUESTING DEPARTMENT Wastewate
Project Name:
Sewer Service Tee Repair - Phase 2
Project Manager: Laurelei McVey
Contract Amount: $69,600
Contractor/Consultant/Design Engineer:
Construction Contractor - Pipeline Inspection Services
Is this a change order? Yes ❑ No Q Change Order No.
IG BUDGET INFORMATION
(Project Manager to Complete)
III. Contract Type
Fund: 60
Budget Available (Purchasing attach report):
Department 3520
Yes n No ❑
Construction
GL Account 53351
FY Budget: FY17
Task Order ❑
Project Number: 10723.a
Enhancement: Yes ❑ No ❑
Professional Service ❑
Equipment ❑
Will the project cross fiscal years? Yes ❑
No ❑
Grant ❑
IV. GRANT INFORMATION - to be completed only on Grant funded projects
Grant #: Wage Determination Received
Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
N/A N/A
N/A N/A
—
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
V.
BASIS OF AWARD
BID
RFP / RFQ TASK ORDER
Award based on Low Bid
Highest Ranked Vendor Selected Master Agreement Category
(Bid Results Attached) Yes ❑✓ No ❑
(Ratings Attached) Yes ❑ No n Date MSA Roster Approved:
Typical Award Yes ❑ No 0
If no please state circumstances and conclusion:
Pipeline was the only bidder on the project.
Date Award Posted: 6/16/2017
7 day protest period ends: June 23, 2017
VI "'CONTRACTOR / CONSULTANT REQUIRED INFORMATION
PW License C-15828-13-4
Expiration Date: 3/31/2018 Corporation Status Goodstanding
Insurance Certificates Received (Date):
6/27/2017 Expiration Date: 7/30/2017 Rating: A+
Payment and Performance Bonds Received (Date):
6/27/2017 Rating: A+
Builders Risk Ins. Req'd: Yes ❑
No ❑ If yes, has policy been purchased?
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected ❑ 1 Performance on past projects
Check al/ that apply ❑ Quality of work ❑ On Budget
❑ On Time ❑ Accuracy of Construction Est
❑ 2 Qualified Personnel
❑ 3 Availability of personnel
❑ 4 Local of personnel
Description of negotiation process and fee evaluation:
(/28/c -?—
VIII. AWARD INFORMATION
Date Submitted to Clerk for Agenda: June 28, 2017 Approval Date By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.FinaI
CITY OF MERIDIAN
SEWER SERVICE TEE REPAIRS - PHASE 2
BID ABSTRACT
BID OPENING 30-May-17
Item
No.Description Qty Unit Unit
Price
Bid Item
Total
5,800.00$ 5,800.00$
Service Tee Repair at 3882 S Milan Way 5,800.00$ -$
5,800.00$ 5,800.00$
Service Tee Repair at 3004 E Lucca Dr 5,800.00$ -$
5,800.00$ 5,800.00$
Service Tee Repair at 4128 S Da Vinci Way 5,800.00$ -$
4 Service Tee Repair at 4360 S Montague Way 1 Each 5,800.00$ 5,800.00$
5 Service Tee Repair at 4150 S Da Vinci Way 1 Each 5,800.00$ 5,800.00$
6 Service Tee Repair at 2315 E Deerhill Dr 1 Each 5,800.00$ 5,800.00$
7 Service Tee Repair at 4333 S Burgo Way 1 Each 5,800.00$ 5,800.00$
8 Service Tee Repair at 4040 S Da Vinci Way 1 Each 5,800.00$ 5,800.00$
9 Service Tee Repair at 4018 S Da Vinci Way 1 Each 5,800.00$ 5,800.00$
10 Service Tee Repair at 1852 E Melwood St 1 Each 5,800.00$ 5,800.00$
11 Service Tee Repair at 1780 E Adelaide Dr 1 Each 5,800.00$ 5,800.00$
12 Service Tee Repair at 2863 E Indian Creek Dr 1 Each 5,800.00$ 5,800.00$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
TOTAL BASE BID 69,600.00$
PIPELINE INSPECTION SVCS
3 1 Each
1 1 Each
2 1 Each
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
SEWER SERVICE TEE REPAIR — PHASE 2
PROJECT # 10723.a
THIS CONTRACT FOR PUBLIC WORKSCONSTRUCTION is made this
J day of J e 2017, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipeline Inspection
Services, hereinafter referred to as "CONTRACTOR", whose business address is PO Box
3023 Nampa, ID 83653 and whose Public Works Contractor License # is C -15828-B-4.
INTRODUCTION
Whereas, the City has a need for services involving SEWER SERVICE TEE
REPAIR — PHASE 2; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1, Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
SEWER SERVICE TEE REPAIR — PHASE 2 page 1 of 15
Project 10723.a
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of $69.600.
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 Citywill paywithin 30 days of
receiptof a correct invoiceand 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.
3. Term:
3.'1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
SEWER SERVICE TEE REPAIR - PHASE 2 page 2 of 15
Project 10723.a
2. Consideration
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. Speciflcally, Contractor shall not be entitled by virtue of this Agreement
to consideration rn the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
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 from the date payment is due.
4. Termination:
4.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations underthis Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falstfies 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
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be retieved of tiability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. lndependentContractor:
5.'l 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 of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
5.2 Contractor, its agents, officers, and employees are and at alltimes during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
SEWER SERVICE TEE REPAIR - PHASE 2
Project 10723.a
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5.3 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
Agreemenl 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.
6. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per State of ldaho
Statute # 54-1901
7. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the 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.
8. lndemnification and lnsurance:
8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or 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 employe es. CONTRACTORsh all maintain. and soecificallv
aorees that it will maintain , throuqhout the term of this Aqreenent, liability
insurance, in which the CITY shall be na med an additional insured in the minimum
amounts as follow: General Liabili ty One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($'l ,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
SEWER SERVICE TEE REPAIR - PHASE 2 page 4 of 15
Ptqect 10723.a
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provrde 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 (1 0) 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 comp ance 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.
8.2 lnsurance rs to be placed with an ldaho admitted insurerwith a Best's rating
of no less than A-.
8.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
8.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
8.5 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.
8.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
8.7 The limits of insurance described herein shall not limit the liability of the
Contractorand Contractor's agents, representatives, employees orsubcontractors.
9. Time is of the Essence:
The parties hereto acknowledge and agree that tame is strictly of the essence with
respect to each and every term, condition and provision hereof , and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
SEWER SERVICE TEE REPAIR _ PHASE 2
Project '10723.a
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10. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of fVeridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of ldaho. ln the event that the contract is subsequently termlnated 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.
11. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
13. 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.
14. 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 construction including the SWPPP manual, field inspections and
SEWER sERVlcE TEE REPAIR - PHASE 2 page 6 ol '15
Project 10723.a
12. Changes:
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Pro.iect N.O.T. with the EpA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
15. ACHD:
Contractor shall be responsible for coordinating with the Cily to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
16. Reports and lnformation:
16.'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.
16.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
17 . Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
18. 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.
SEWER SERVICE TEE REPAIR - PHASE 2
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19. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlavyfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
20. 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.
21. 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.
22. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
23. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
24. 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.
SEWER SERVICE TEE REPAIR _ PHASE 2
Project 10723.a
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25. Entire Agreement:
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
26. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
27. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval that the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. Cityof Meridian paymenttermsare Net30
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.
28. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
29. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
30. Compliance with Laws:
ln performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
31. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of ldaho, and the ordinances of the City of Meridian.
SEWER SERVICE TEE REPAIR _ PHASE 2
Project '10723.a
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32. 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
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, ID 83642
208-489-0417
CONTRACTOR
Pipeline Inspection Services
Attn: Richard Mason
PO Box 3023
Nampa, ID 83653
Phone: 208-573-4671
Email: pipline@pipelineinc.us
Idaho Public Works License #158828-b-4
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.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN PIPELINE) P &ION SERVICES
BY: BY• %�+
TAMMY de D, MAYOR
Dated: 7 ( 5—/ ;bl / Dated: 4 — 20'. -2
/ ��o�Q
Approved by Council: 7 �l oRATEDgG�G�s
Attest:
C.JAY LES, ITY CLERK A
L
o`rhe REASv
Purchasing Appr val ' Depa nt Ap ro I
KEITH- WATTS, Purc asing Manager WA REN STEWART, City Engineer
Dated:: -Dated:: e I y
SEWER SERVICE TEE REPAIR - PHASE 2 page 10 of 15
Project 10723,a
Project Manager
Laurelei McVey
SEWER SERVICE TEE REPAIR _ PHASE 2
Project 10723.a
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EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-1733-10723.a
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-1733-10723.A 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 (SPWC), the 2013
City of Mleridian Supplemental Specifications to the ISPWC (and any
Addendums).
SPECIFICATIONS
The Contractor will be required to pay for and obtain the necessary
permits from Ada County Highway District (ACHD) to perform the required
work within ACHD right-of-way. The Contractor will also be responsible for
any traffic control necessary to complete the work in a safe manner within
ACHD right-of-way.
All work shall conform to the current ldaho Standards for Public Works
Construction (ISPWC), Ada County Highway District (ACHD), City of
Meridian Supplemental Specifications to the ISPWC and the City of
Meridian Construction Storm Water Management Program.
The Contractor shall be required to submit, to the Project Manager, a
schedule of work during the preconstruction meeting and subsequent
updated 2 week construction schedules throughout the entire project. All
work will be limited to the lines identified in the maps provided in the
lnvitation for Bid WW-17-XXXXX. Anything beyond the work shown must
first be approved by the Project Manager prior to beginning the additional
work.
A
B
SEWER SERVICE TEE REPAIR - PHASE 2
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U.
D
E
F
The Contractor must notify the City's Collections System Manager with the
job location when working in the City's Collections System.
Contractor shall be willing to testify as an expert witness in the event of
litigation.
Contractor shall adhere to all safety regulations set forth by OSHA and
any other safety means needed to safely perform the project.
Contract shall notify Project Manager of any significant problems,
abnormalities, additional repairs needed, etc. that may be encountered
during or after the work was completed.
The amount of work to be done under the contract and as noted in the Bid
Schedule represents a maximum and is not to be taken as an expressed
or implied statement that the actual amount of work will correspond. The
right is reserved to increase, decrease, or to entirely ellminate certain
items from the work.
Prior to the commencement of construction, the Contractor will be
required to do material submittals for approval for all proposed materials
to be used in the repairs.
At the completion of each repair, the Contractor shall contact the City's
Collections System Manager for inspection and approval of the visible
repairs. For pipe line and service repairs a CCTV video documenting the
completed repair must be submitted to the City's Collections System
Manager.
The Contractor will submit completed work invoices to the City's
Collections System Manager for processing.
It will be the Contractois responsibility to make site visits to each
manhole/line segment identified in the attached maps to determine the
severity of the repair in order to accurately bid.
Prior to the start of work, a preconstruction meeting will be held and shall
be attended by the Contractor's Project Manager, its Superintendent, and
its Subcontractors as the Contract deems appropriate. The purpose of
the meeting is to designate responsible personnel and establish a working
relationship. Matters requiring coordinatjon will be discussed and
procedures for handling such matters established. The Contractor should
be prepared to drscuss tentative schedules, transmittals, processing
applications for payments, maintaining record documentation, criticil work
sequencing, field decisions and Change Orders.
G
H
J
K
L
M
SEWER SERVICE TEE REPAIR - PHASE 2
Prolect 10723.a
page 13 of 15
t.
See separate attached documents:
PLANS / DRAWINGS - dated 5-25-2016 (3e pases)a
SEWER SERVICE TEE REPAIR _ PHASE 2
Project 10723.a
page 14 of 15
Exhibit B
MILESTONE / PAYMENT SCHEDULE
ract is a not to exceed amount. Line item pricing below will be used for invoice verification and any
ional increases or decreases in work requested by city. The city will pay the contractor based on
actual uantitie s of each item of work in accordance with the contract documents
Cont
addit
1
4
8
1 EaService Tee Re ir at 3882 S Nlilan Wa
9
10
1L
12
Service Tee Repair at 4040 S Da Vinci Way
Service Tee Repair at 4018 S Da Vinci Way
Service Tee Repair at 1852 E Melwood St
Service Tee Repair at 2863 E lndian Creek Dr
MILESTONE DATES/SCHEDULE
Final CompletionMilestone 1
PRICING SCHEDULE
contract includes furnishing all labor, materials, equipment, and incidentals as required for the
SEWER SERVICE TEE REPAIR - PHASE 2 per tFB PtN-1133-1O723.a
Total Bid Schedule A.$69,600.00
$69i00NOT TO EXCEED CONTRACT TOTAL.......
Contract Pricing Schedule
Item No. Description Quantity Unit Price
Ss,8oo
2 air at 3004 E Lucca DrService Tee Re 1 Ea Ss,8oo
pair at 4128 S Da Vinci WayService Tee Re 1 Ss,8oo
Service Tee Repair at 4360 S Montague Way 1 Ss,8ooEa
5 Service Tee Repair at 4150 S Da Vinci Way ss,800Ea1
6 Service Tee Repair at 2315 E Deerhill Dr Ea 5s,8oo1
1 Service Tee Repair at 4333 S Burgo Way Ss,8ooEa1
Ss,80o
ss,800Ea
1 Ea ss,800
Service Tee Repair at '1780 E Adelaide Dr 1 Ea ss,800
1 Ea
page 15 of 15
5s,8oo
A. Total and complete compensation for this Agreement shall not exceed $69,600.
3
1
1
SEWER SERVICE TEE REPAIR _ PHASE 2
Project 10723.a
90 Days from Notice to Proceed
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City Of I'16!j.dian
Statement of Revenues and Expenditures - Rev and Exp Repor:t - Sanclra - unposted Transactions Includecl In Report
60 - Entarprise Fund
3520 - ww Colloction I,ines
FI]om 10/7/20L6 Through 9/30/201?
OPERATING COSTS
Line Wat/Sew Repair
Total OPERATING CosTs
170,316.021
110,315.04
Current Year
Actual
Budqet
Remaining
Budget
Remai n r ng
80,439 .62
3A,439.62
89,816,42
89,816.42
52.11\
52 .',] ',7 Z
Budget with
110,316.04
170,316.04
53351
DEPT EXPENDITURES
TOTAT EXPENDITURES
80,439.62
84,439.62
89,8't 6.42
n9,816.42
52.11\
52.'11X
THE At\4ERICAN INSTITUTE OF ARCHITECTS
Bond# 2254334
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable
CONTRACTOR (Name and Address)
Pipeline lnspection Servrces, lnc
P.O Box 3023
Nampa, lD 83653
S URETY (Name and Principat ptace of Business)
OWNER (Name and Address)
City of Meridian
33 East Broadway Ave.
Meridian, lD 83642
CONSTRUCTION CONTRACT
Date. June 27 , 2017
Amount: 969,600.00
Description (Name and Location): Sewer Service Tee Repair-phase 2
CONTRI\CTOR AS PR INC IPAL
Conroany:
BON D
Date (Not earlier than Construction Contract Date): June 27 , 2017
Amountr $69,600.00
Modifications to this Bond: X None
North American Specialty lnsurance Company
650 Elm Street
Manchester. NH 03101
E See Page 3
SU RETY
Company (Corporate Seal)
North Amer
I
ican S cial ty lnsurance mpany
Sig nature:
Name and itle: IVlary J q u rer,ttorney-l Fact
(Corporate Seal)
Pip_el fts Se rv ices
Sig nature
Name dT
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLy - Name, Address and.Tetephone)
AGENT or BROKER: OWNER,S REPRESENTATTVE (Architect, Engjneer or
Post rnsurance other Part,):
P.O. Box 8447
Boise, lD 83707
AIA DOCUMENT 4312 . PERFOR[rlANCE BOND AND pAyM ENT BOND. DECEMBER 1984 ED . AtA@
THE AI\]IERICAN INSIITUTE OF ARCHITEoTS 1735 NEW YoRK AVE , N W WASHINGToN oC 20006
THIRD PRINTING. MARCH 1987
A3l2-'1984 1
kk
r1 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 the 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 notified 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 Contracl,
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 Contractois 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.'l;and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with lhe
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisUed the conditions of
Paragraph 3, the Surety shall promplly 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
Contracti or
4.2 Undertake to perform and complele the
Construction Contract itself, through its agents or
through independent contractors, or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contracl for
performance and completion of the Construction
Contract, arrange for a contract lo 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 Contracto/s default, or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness underthe circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is
determined, 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 thas Bond fifteen days afler receipt of an
additional written notice from the 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 terminated the Contractois 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 commjtment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
5.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Conlract:
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 iI not liquidated damages
are speciried in the Construction Contract, 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 Conlraclor that are unrelaled to the
Conslruction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other lhan the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change,
including changes of lime, to the Construction Contract orto related subcontracts, purchase orders and other
obligataons.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdictjon 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 the 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.
AIA OOCUMENTA312. PERFORMANCE EONOAND PAYMENT BOND. DECEMBER 1984 ED .AtA@
THE AI\iIERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVE . N W WASHINGToN Dc 20006
THIRD PRINTING. MARCH 1987
4312-1984 2
'10 Notice to the 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 conflicling 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 statutory bond and not as a
common Iaw bond.
I2 DEFINITIONS
12.1 Balance of the Contract Price; The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjuslments
have been made, including allowance to lhe
Contraclor of any amounts received or to be received
Name and Title
Address:
by the Owner in settlement of insurance or other
claims for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or
on behalf of the Contractor under the Construction
Contract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
12.3 Contractor Defaulti Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
'12.4 Owner Default. Failure of the Owner, which has
neither been remedied nor waived, to pay the
Conlractor as required by the Construction Contract or
to perform and complele or comply with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page )
CONTRACTOR AS PRINCIPAL
Company:(Corporate Seal)
SURETY
Company (Corporate Seal)
Sig nature Signature
Name and Title
Address:
AIA DOCUIMENT A312 . PE RFORITANCE aONDAND PAYMENTEOND. DECEI4BER 1984 ED .AtA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE . N W . WASHINGTON O C 20006
THIRD PRINTING. MARCH 1987
A312-1984 3
THE AIVERICAN INSTITUTE OF ARCHITECTS
Bond# 2254334
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable
CONTRACTOR (Name and Address)
Pipeline lnspection Services, lnc
P.O Box 3023
Nampa, lD 83653
OWNER (Name and Address)
City of Meridian
33 East Broadway Ave.
Meridian, lD. 83642
CONSTRUCTION CONTRACT
Date: Ju ne 27.2017
Amount: $69.600.00
Description (Name and Location): Sewer Service Tee Repair-Phase 2
BON D
Date (Not earlier than Construction Contract Date): June 27,2017
Amount: $69,600.00
Modifications to this Bond: D None
SURETY (Name and Prancipal Place of Business)
North American Specialty lnsurance Company
650 Elm Street
Manchester. NH 03101
X See Page 6
SURETY
Company (Corporate Seal)
North American S ialty lnsura n ompany
(Corporate Seal)
Pipelin spln lncn
Signature:
Name and <c4
Signature:
Name and itle: lVlary q u rer,ttorne ln-Fact
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATTVE (Architect, Engineer
or other party):
Post lnsurance
P.O. Box 8447
Boise, lD 83707
N/A
uL
AIA DOCUMENT A312 . PERFORI\,'IANCE AON D AND PAYMENT BOND . DECEMBER 1984 ED . AIA @
THEAIVERICAN INSTITUTE OFARCHITECTS. lT35NEWYORKAVE,NW,WASHINGTON,DC 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
.CCNTRACTOR AS PRI NCIPAL
Company
\I
'l 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
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
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 Construction Contract,
provided the Owner has promptly notified the Contractor
and the Surety (at the address described in Paragraph
12) ol 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 Delault.
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:
.1 Have furnished written notice to the Conlractor
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 either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; 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 senl a copy. or notice lhereof, 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 sufficient
compliance.
6 When the Claimant has satisfled the conditions of
Paragraph 4, the Surety shall promptly and al the Surety s
expense take the following actaons:
6.'l Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounls thal are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited
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 Construction Contract are dedicated to satisfy obligations
of the Contractor and the Surety under this Bond, subject to
lhe Owneis 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 that 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 otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change
including changes of time, to lhe Construction Contract or to
related subcontracts, purchase orders and other obligations
'l'l 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, or 12) 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, whichevet of (1) ot (2) first occurs. lf
the provisions of this Paragraph are void or prohibiled 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
sufflcient compliance as of the date received at the address
shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or legal 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
AIA DOCUMENTA312. PERFORI\4ANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED .AlA@
THE AMERICAN INSTITUTE OF ARCHITECTS lT3SNEWYORKAVE,NW WASHINGTON OC 20006
THIRD PRINTING. MARCH 1987
4312-1984 5
'Bond shall be construed as a statutory bond and not as a
common law bond.
'14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 OEFINITIONS
15.1 Claimant: An indlvidual or entity having a direct
contract with the Contractor or with a subcontractor of
the Conlractor 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
lerms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephoneservice or rental equipment used
Name and Title
Address:
15,2 Construction Contract: The agreement between
the Owner and the Contractor identifled 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
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 clajm 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 thrs Bond.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:(Corporate Seal)
SURETY
Company (Corporate Seal)
Signature
AIA DOCUMENT A3l2 . PERFORI\,4ANCE BOND ANO PAYMENT BOND . DECEMBER 1984 EO . AIA @
THE AI/IERICAN INSTITUTE OF ARCHITECTS, 1735NEWYORKAVE,NW WASHINGTON DC 20006
THIRO PRINTING . [.{ARCH 1987
A312-1984 6
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and lhe 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.
Srg nature.
Name and Title:
Address:
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
(;t.\1._ti.\t. P0\\ LR 0t A I I()R.\E\
KNOW ALL MEN BY THESE PRESENTS. THAT North Anrerican Specialg lnsura,rce Conrpan!. a corporalion dul) organized aDd e\isling under
laws of lhe Slate ofNew Hampshire. and having its principal oflice iD the City of Marchester. New Harlrpshire. and Washington lDlerDarional
Insurance Conrpany, a corporation organized and existing uoder lhe Iaws ofthe State ofNew Hanrpshire and having ils principal office in the ( il_,- ol'
Schaumburg. llliDois. each does hereby make, constitute and appoint:
TERRY S, ROBB, WILLIAM F, POST.
and MARY JAQUIER
.IOINTLY OR SEVERA LLY
Its lrue and lawf'ul Attorney(s)-in-Fact. to make. execule. seal and deliver, lor and on its behalfand as its acl and deed. bonds o. other \rritings
obligatory in the nature ofa bond on behalfoleach of said Conrpanies. as sureq. on contracts of surel) ship as are or may be required or penrined by
law, regulation, contract or otherwise, provided lhat no bond or underlaking or contract or sur€tyship executed under this authority shall exceed the
amounl of: FIFTv MILLIoN ($50,000,000.00) DOLLARS
.":)ttjtlJir%
==dr saf rZ==
?.r.,,?,,;i:,:.
ffia
Src\cn P. ArdcBor. S.nior Vi.. P16idcnr or\rrrhinaronlnrcrn ionrl,nsurrn.cCofrpr.\
& S.nior \kc Prgidcr.olNor.h Am.ri.!n Sp.ci,th tnsurrn..Cump'nr
/)
Dr
Vi(hrer A. lr;.St-;Ei\
& S.nior \t. Pmsid.trr ol ND h Af icrn Sp.citrhy tNunnr. Conpatrr
1
\orlh \nrericin Spccialt\ lnsurance Conlpllt)
\\ ushington I ntcrna(ionAl lnsuranrc ('ornpaur
State of I llinois
Count)'oi Cook
I. Jclfi(v Coldbers the dul', elecred
lnternational lnsurance Conrpaov. do he
American Spccialty Insurance Company
IN WITNESS WHEREOF. I have set m
Assistant Sccrelarv ofNorth American Specialty lnsurance Company and Washington
reb) crrtit)'that the above and lbregoing is a true and correcl copy ofa powerofAnorne\'given by said North
and Washington lnlernational Insurance Conpany. which is still in lill ,brce and ef'tect.
) hand and allixed thc seals oflhe Companies this 27 dar ot )o 11
J.rl,.) Goldb?,g. v'ce P6'd{r& As6rdr Secrerar} oi
Wasn'ngron ,nltmro.al l.surMct Compoy& Nonh Am.nan Sp(,atN tnsuro..C(
OFFICIAL SEAL
M KENNY
NOTASY PUELIC, SIATE OF ILUNOIS
MYmMMtSSt0N EXPTHES r 2/04/20r7
\.\s st Rt.t \ c Ro I P
This Porver ofAnornev is granted and is signed by lacsinrile under and b1 the authority ol the lbllowing Resolutions adopted bt the Boards ol'
Directors ol bolh Nonh American Specialg lnsurance Conrpanl'and Washington lnternational lnsurance Conrpan! at meelings dul) called and hcld
on the gri oi Mr\ 2012
-*rrOrrUO. ,nu, on) two ofthe Presidenrs. any Managing Director. any Senior Vice President. al) Vice President. an), Assistanl Vice Presidcnt.
the Secretary or any Assistant Secretary be. and each or any olihenl hereby is authorized to execule a Powcr olAttonley qualifiing the aftorne) nanred
in the giveD Power ofAttorney to execute on behalfofthe Company bonds, undertakings and all contracts olsurety, and that each or any ofthem
hereby is authorized to attest to the execution ofany such Power of Attomey and to aftach therein the seal olthe Contpany: and it is
FU RTHER RESOLVED, that the signature of such of}icers and the seal olthe Company may be aflixcd to any such Porver ol Attonre), or to an\
cenilicate relating thereto by facsimile, and any such Power olAttorney or certificate bearing such lacsinrile signatures or facsimile seal shall bc
binding upon the Company when so affixed and in the future with regard to any bond. unde(aking or contract ofsur€ty to which it is attached.'
IN WITNESS WHEREOF, Nortb Anlerican Specialty Insurance Conrpany and Washington lnternational Insurance Con:pany have caused lheir
oflcial seals 10 be hereunto afllxed, and these presents to be signed by their authorized of]lcers this 2allday of September . 20 I5
On this 22nd day of September , 20-ll. belore me. a Notary Public personally appeared Sreven P. Anderson . Senior vicc Presidenl ol'
washington lDternational Insurance Company and Senior Vice President ofNorth American Specialty lnsurance Company and Michael A. Ilo .
Senior Vice President of washington International Insurance Conrpany and Senior Vice Presideni ol'North Ame,i.un Specialty Insur^,rce
Company. personally knorvn to me. who being b) me duly swom. acknowledged that rhey signed the above Power of Attomey as of)icers ofand
acknowledged said instrument to be the voluntar) acl and deed oltheir respective companies.
N,l KcIr\. Ndt ^ Public
--.\^,4C()RI)"CERTIFICATE OF LIABILITY INSURANCE
CERTIFICATE NUMBER:2 016-2 017COVERAGES REVISION NUNIBER
6/23/2OL',l
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRTVIATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: lf the certificate holder is an ADDITIONAL INSUREO, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riqhts to the
certificate holder in lieu of such endorsement(s).
fi!flpcr nlysrria earntre
lJ3,\'..."r, (208) 336-s6oo [il, ",!ffit"". aganbLeGpostj-ns . com
tNsuRER{S) AFFOR!tNG COVERAGE
TNsURERA:Nautilus Insurance Company
rNsuRER B Acuity
|NSURER c :Idaho St'ate Insurance I'und
INSIJRER O:
INSURER E:
Post Insurance Services, Inc.
2717 W. Bannock St.
P. O. Box 8447
Boise ID 83707
INSUREO
Pipeline Inspection Services, lnc
Mad Riwer Development LLC
PO Box 302 3
Nampa ID 83 653
(203 ) 344-0651
L7 3't O
1418 4
36t29
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO EELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOO
INOICATEO NOTWTHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO W}IICH THIS
CERTIFICATE IUAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOIflN MAYHAVEBEEN REDUCEOAY PAID CLAIIT,{S
POLICY EFF POLICY EXP
IMIM/DO/YYYYI {MM/DOIYYYY!LIMITS
A
X COIMIVIERCIAL GENERAI LIABILITY
cLA][4S,]!IADE X OCCUR
X ECP1004; ENv2O04
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occu(ence)
'7 /30/2076 1/30/2At7 MED Exp (Any one person)
$
2,000,000
100,000
s, 000
2 , 000 ,000
4 ,000,000
4 ,000,000
ECP201895410 $
PERSONAL A ADV INJURY
GENERAL AGGREGATE
PROOUCTS COMP/OP AGG
s
GEN L AGGREGATE LIMITAPPLIES PER
POLTCY ^ jE.C"r LOC
OTHER
AUTOMOBILE L AA LITY COIMB]NED SiNGLE LIMIT
BOO LY INJURY (Per p€rson)
1,000,000
B X erv auro
AUTOS
I]IREO A1JTOS
x cA7214 CA1241
SCHEDL-ILED
AUTOS
NON OWNEIJ
AUTOS
x98411 1/3a/2a16 7/3A/2017 BOD LY lN.ruRY (Per accdenl) S
PROPERIY DAMAGE !
X occun
CLAIMS-MADE
EACH OCCURR€NCE
1/3a/2016 1/3A/2Or 7 AGGREGATE
!1 , 000 ,000
1, 000 ,000B X EXCESS LrAa K98411
DED REIENTION
WOR(ERS COMPENSAIION
ANO E'IIPLOYERS' L|AAILITY
ANY PROPRIETOR/PARTNER/EXECI]IIVE
OFFICER/MEMBER EXCLUOED?
DEsCRrPrroN oF oPERAT oNs b€row
x u
E L EACH ACCIDENT S
E L DISEASE , EA EI4PLOYEE $
EL D SEASE , PQLICY L MIT $
1,000,000
1 ,000 , 000
1,000.000
c 644597 4 /t/20t7 4/t/2OrA
A Transportatron Pollution
A Professional laa.bilr.ty
ECP201895410
ECP201895410
1/30 /2016
1/30/20t6
1/30/2ar1
1/3A /2071
$4 000 000 Aggr€9a16 L'mrl
$4 000.000 Aqq16q.la Lm
s 1,000,000
1 , 000 ,000$
DESC RrPllON OF OPERATIONS / LOCATION S / VEI]ICLES (ACORo I 01 , Additlona I Rema rr3 Schedule, may be ana ched It mor. ipac. is required)Serrer Servj-ce tee Repair - Phase 2
CERTIFICATE HOLDER CANCELLATION
(208) 887-4813
City of Melidian
Purchasing Manager
33 E Broadway Awe
Meradian, ID A3642
SHOULD ANY OF THE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION OATE THEREOF. NOTICE wlLL BE DELIVERED IN
ACCOROANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPR€SENTATIVE
Alyshia Gambl e /AG
O 1988-2014 ACORD CORPORATION. A rights reserved
NN
ACORO 25 (2014/01)
lNS025 (20raor )
The ACORD name and logo are registered marks of ACORD
'i;I rYPE oF rNsuRANcE
a%"b -Bal-A,€--
<-\ .,{CC)RI)"
6/23/20].1
THIS CERTIFICATE IS ISSUEO AS A IIIATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRNIATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO
REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER,
IMPO RTANT: lf the certificate holder is an ADDITIONAL INSUREO, the policy(ies) must be endorsed. It SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorseme nt(s)
Post Insurance Serwices, Inc.
2717 W. Bannock St.
P. O. Box 8447
Boise ID 83707
INSUREO
Pipeline Inspection Services, Inc.
Mad River Development LLC
PO Box 302 3
Nampa rD 83653
fi!flllcr lrysni-a eantre
fll3,NNl, e,rr (2oe) 336-se oo
i-mEss agar.ble0postins . com
INSURER{S) AFFORDING COVERAGE
TNSURERA :Nautilus Insurance Company
INSIJRER B:ACUitY
TNSURER C :Idaho State Insurance Eund
INSURER E:
INSURER F:
)-7 37 0
t4)-84
36t29
CERTIFICATE OF LIABILITY INSURANCE
CERTTFTCATE NUMBER:2 016-2 017COVERAGES REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAIVEO AEOVE FOR THE POLICY PERIOD
INOICATED NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V!1TH RESPECT TO WTIICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROEO 8Y THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE IERMS
EXCLUSIONS AND CONDIIIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE EEEN REDUCED BY PAID CLAIII,4S
TYPE OF INSURANCE INSD WVD POLICY NUMBER
POLICY EFF POIICY EXP
IMM/DO,YYYY) iMI\,I/DOryYYYI LIMITS
X COMMERCIAL GENERAL LIAEILIry
CLAMS MADE X OCCUR
X ECP100{; ENV2004
EACH OCCURRENCE
oAtuAGE ro iENTED
PREMISES (Ea occ!rrence)
MED EXP (Any one person)
PERSONAL & AOV iNJURY
GENERAL AGGREGATE
PRODUCTS COMP/OP AGG
2 , 000,000
100,000
5 ,000
2,000,000
4,000,000
4, 000,000
A
ECp201895410 1/3A/20!6 1/3a /2a11
5
GEN'L AGGREGATE LIMiT APPLIES PER
pouc" X !E&LOC
$
AI,]TOMOBILE LIABILITY 5 1,000,000
B X mv ruto
ALL O!M.IED
AUTOS
HIRED AUTOS
X ca7214 cA724'l
(Fa e.rc€nr/
BOOILY INJURY (Per p6rson)
1/3A/2Ot6 7 /3a /zar ? BOoILY NJURY (Peraccden0
PRoPERTY oAMAcL
(Pe. accd6nt)
SCHEDULEO
AUTOS
NON.O\, NED
AUTOS
K98a 11 a
:
$
x occun
CLAIMS MAOE
EACI] OCCURRENCE
1/30/2a16 1/30/2077 AGGREGATE
5 1 , 000, 000
1 , 000, 000B X EXCESS LIAB K98411 S
DE ENTION $$
WORKERS COMPENSATION
AND EM PLOYERS' LIABILITY
ANY PROPRIEIOR/PARTNER/EXECUTIVE
OFFICERnlEMBER EXCLUOEO'
DESCRIPTION OF OPERATIONS below
x ll
STATUTE ER
E L EACH ACCIDENT
EL DISEASE - EA EMPLOYEE
E L DISEASE , POLICY LIMIT
1 000 ,9oo
C 644597 4 /t/2Ot1 A/t/2A7A 1, 000 , 000
1,000,000
A TlansportatioD PolLutlon
A Professlonaf I,j'a.bility
ECP201895410
ECp201895410
1/30/2016
1/30 /2016
1/30/2011
1/30/20!t
$4 00O OO0 Aqgregate Lrm t
$.4 00O m0 AOgregate Lmn
s 1 , 000, 000
1,000,000$
DESC RIPIION OF OPERATIONS / LOCATION S / VEHrC LES {AcO RO 101 , Addataonal R6m arks Sc hedule, may be atla ched ir m ore space t3 .equtred )
Sewer Service Tee Repair - Phase 2
CERTIFICATE HOLDER CANCELLATION
(208) 887-4813
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridj-an/ ID 83642
SHOULD ANY OF THE AAOVE DESCRIAEO POLICIES BE CANCELLED BEFORE
THE EXPIRAIION DATE THEREOF, NOTICE WILL BE DELIVEREO IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
AI yshi.a canicle /AG a@ )34)\. t-,- -
ACORD 25 (2014/01)
lNS025 (2o140r l
O 1988-2014 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORO
Pipeline lnspeclron Services. lnc.Policy #ECP201895410
ENDORSEMENT
This endorsement forms a part of the policy to which it is attached. Please read it carefully
ADDITIONAL INSURED - BLANKET
This endorsement modifies insurance provided under the following
ENVIRONMENTAL COMBINEO POLICY
ln consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby
agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or
boxes marked below.
COVERAGES PARTS A AND B _ GENERAL LIABILITY
COVERAGE PART D _ CONTRACTORS POLLUTION LIABILITY
SECTION lll - WHO lS AN INSURED is amended to include as an insured , with respect to Coverage A, B and D, any
person(s) or organization(s) when you and such person(s) or organazation(s) have agreed in a written contract or written
agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such written contract
or written agreement must be in effect prior to the performance of your work which is the subject of such written conlract
or written agreement.
Such additional insured status applies only
Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL
AND ADVERTISING INJURY LIABILITY for claims or suits resulting from:
Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for
the additional insured, or
1
b. Your work performed for such person(s) or organizations(s) and included in the products-completed
operations hazard
2 Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution
conditions that are the result of
Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for
the additional insured, or
a
a
O 2006 by Serkley Specafty U.deMrt.
b. Your work performed for such person(s) or organ izatio n s(s) and included in the products-completed
operations haza.d.
With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary
and not contributang with any other insurance available to those person(s) or organization(s) with which you have so
agreed in a written contract or written agreement.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED,
g l\,4anagers LLC. an affirialeofNauirus rnsurance company and Grear D,vide lnsurance coinpany Ar ights reservedO 1985-2006 by l.slrance Seruces Ofiice nc . matenat used by permrssron
ECP 1004 04 10 Page 1 of I
EE
Pipeline lnspection Services, lnc
Policy # K9841 1
ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN WRIT-
TEN AGREEI\,IENT WITH YOU . PRIMARY
cA 7214114-98)
out of operations performed for the additional in-
sured by you.
2. The coverage provided by this endorsement will
be primary and noncontributory with respect to any
other coverage available to the additional insured.
3. The Limits of lnsurance applicable to the addi-
tional insured are those specified in the written con-
tract or agreement or in the Declarations for this
Coverage Form, whichever is less. These Limits of
lnsurance are inclusive and not in addition to the
Limits of lnsurance shown in the Declarations.
This endorsement modifies insurance provided under
the followingl
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRLER COVERAGE FORM
1. Who ls an lnsured under Section ll - Liability
Coverage is amended to include any person or or-
ganization with whom you have agreed in writing in
a contract or agreement that such person or or-
ganization be added as an additional insured on
your policy. Such persons or organizations are addi
tional insureds only with respect to liability arising
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