Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Asphalt Driveways & Patching for the FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION project for a Not-To-Exceed amount of $124,788.00.
CONTRACT FOR PUBLIC WORKS CONSTRUCTION FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION PROJECT # 10134.13 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of JuKe 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 ASPHALT DRIVEWAYS & PATCHING , hereinafter referred to as "CONTRACTOR", whose business address is PO Box 702 Nampa, ID 83653 and whose Public Works Contractor License # is C- 024626 -C-4. INTRODUCTION Whereas, the City has a need for services involving FIVE MILE PATHWAY SEGMENT H2 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 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. FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION page 1 of 14 Project 10134.13 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 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a NolTo-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 124 788.00 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax 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 consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.8 $ page 2 of 14 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 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. Liquidated Damages: Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three 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 Gruse, 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 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. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of seloff 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. FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10!34.8 page 3 of 14 6.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times 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 Conhactor. 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 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 conhact, 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 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 aftorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees . CONTRACTOR shall maintain, and specificallv FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.B page 4 of 14 6. lndependentContractor: 7. Sub-Contractors: aorees that it will maint a tn.thro uo hout the term of this Aoreement. liabilitv tnsura nce n which the CITY shall be named an additional in red in the minimum amounls as follow: General Liabil ity One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars (91 ,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 9.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City orthe City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.B page 5 of 14 1 0. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder 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 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 with a Best's rating of no less than A-. 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 servicrs. 12. 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. 13. Changes: 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 FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.8 page 6 of 14 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 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. taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian StormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address:,,'!'vuvr'.meflotancttv.oro/envrronmenlal.as px?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. AGHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. '17 . Reports and lnformation: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance 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. 18. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.8 page 7 of 14 19. Publication, Reproduction and Use of Material. No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 21 76. 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 unlaMully discriminate in violation of any federal, stale or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide ldaho residents. 22. Advice of Attorney: Each par$ 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. Aftorney 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. FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project'10134.8 page 8 of 14 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. 24. ConstructionandSeverabilityr: lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subseguent 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, oralof 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, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon 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. 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. 30. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.8 page 9 of 14 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 ASPHALT DRIVEWAYS & PATCHING Purchasing Manager Attn: Brandon Miller 33 E Broadway Ave PO Box 702 Meridian, ID 83642 Nampa, ID 83653 208-489-0417 Phone: 208-467-5368 Email: asphaltdriveway@cableone.net Idaho Public Works License #024626-C-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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF RIDASPHALT DRIVEWAYS & PATCHING BY: BY: TAMMY de WF60, MAYOR &-4ML, Dated: -7/ 1(/ X(Z FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.13 Dated: 06 %.Z S).),CJ 1 —7 page 10 of 14 Approved by Council 7/ Attest: C.JAY CO S, ClCLERK Purchasing Appr val BY: KEITH WATTS, Purc %asing Manager Dated:: Project Manager Jay Gibbons FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.6 /Gv , 2 y o (AVL EC IIDIAN* �-i IDAMO \� SEAL/ Department Approval BY: STEVE SIDDOWAY, Parks & Rec Director Dated:: page 11 of 14 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-I741-10134.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PKS-I741-1O134.b, 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 Sfandards for Public Works Construction (ISPWC), the 2013 City of Meidian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Plans - Five Mile Pathway Segment H2 by CTA dated 2017 (6 pages) Special Provisions and/or Technical Specifications dated \Aay 2017 (1e pases) City Capital lmprovement Projects Water Pollution Control (6 pages) Geotechnical Engineering Report dated July 2015 by Materials Testing & lnspection (22 pases) FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.8 page 12 ot 14 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $124,788 MILESTONE DATES/SCHEDULE Milestone 1 Final Completion 90 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION per IFB PKS-1741-10134.b Total Bid Schedule A $124,788.00 $r2tz88n0NOT TO EXCEED CONTRACT TOTAL Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No.Description Quantity Unit 201.4.1.4.1 CLEARING AND GRUBBING 0.5 AC $6,000.00 REMOVAL OF OBSTRUCTIONS 1 LS $2,500.00 202.4.1.A.1 EXCAVATION (PLAN QUANTITY)500 CY $9000.00 206.4.1.8.1 0.13 AC $1 ,170.00 301.4.1.8.1 1163 LF $3,489.00 1.1/2" MINUS UNCRUSHED AGGREGATE (DRAIN ROCK)175 CY $8,750.00 802.4.1.A.1 %' CRUSHEO AGGREGATE FOR BASE ryPE I $13,400.00 810.4.1.A.3 TYPE III (PG 58-28) PLANT MIX PAVEMENT 300 SY $5,700.00 1103.4.1 4.1 CONSTRUCTION TRAFFIC CONTROL 1 L5 $800.00 1 105.4.1 .D 1 3 $750.00 2010.4.'t.4.1 MOBILIZATION 1 $6,000.00 2030.4.1.4.1 MANHOLE, ADJUST TO GRADE 2 $900.00 2050.4.1.4.1 DRAINAGE GEOTEXTILE 733 SY $4,398.00 sP-200 2 $1,000.00 sP-600 1 LS $6,600.00 sP-780 EA page 13 of 14 FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Project 10134.B Unit Price 201 .4.1 C.1 PERMANENT EROSION CONTROL SEEDING TRENCH EXCAVATION - 24' 801 .4.1 .A.1 PERMANENT SIGNING ANCHOR ASSEMBLY EA IQ EA PATHWAY BOLLARD INSTALLATION STORMWATER MANAGEMENT DETECTABLE WARNING DOMES 2 $600.00 sP-1000 CONSTRUCTION STAKING 1 LS $3,000.00 sP-2040 ORNAMENTAL FENCING 464 LF $24,128.00 sP-2060 MODULAR RETAINING WALL '1530 SF $25,245.00 UT.1 STATE OF IDAHO USE TAX $1358.00 FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION Pro.,ect 10134.B page 14 ot 14 City Of !.!e!idiar\ Statement of Revenues and Expenditures - Rev and Exp Report - Sandra - Unposted Transactions Included In Report 01 - cenela] lund 5200-Palks-Adei-n Fta]il 10 / 7 /2AI6 "rhtorqh 9/3A/207't Budget with Current Year Actuaf Budget Remaining Capltal OutIay Pathway development Total Capital Outlay 543.38s.94 s43-38s.94 134,030.33 134,030.33 409,355.61 409,355.61 Percent of Budget Remar.ning 93401 DEPT EXPENDITURES TOTAL EXPENDITURES 75_ 331 75. 33s s43,385.94 543,385.94 13 4, 030. 3 3 134,030.33 409,3ss.51 409,355.61 75.331. 75.33r (t ( Dat:e: L/26/11 03:.lrji12 PM CITY OF MERIDIAN FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION BID ABSTRACT BID OPENING 6/26/2017 Item No.Description Qty Unit Unit Price Bid Item Total Unit Price Bid Item Total Unit Price Bid Item Total 201.4.1.A.1 CLEARING AND GRUBBING 0.5 AC 20,555.00$ 10,277.50$ 1,800.00$ 900.00$ 12,000.00$ 6,000.00$ 201.4.1.C.1 REMOVAL OF OBSTRUCTIONS 1 LS 2,490.00$ 2,490.00$ 5,000.00$ 5,000.00$ 2,500.00$ 2,500.00$ 202.4.1.A.1 EXCAVATION (PLAN QUANTITY)500 CY 25.55$ 12,775.00$ 15.00$ 7,500.00$ 18.00$ 9,000.00$ 206.4.1.B.1 PERMANENT EROSION CONTROL SEEDING 0.13 AC 73,430.00$ 9,545.90$ 40,000.00$ 5,200.00$ 9,000.00$ 1,170.00$ 301.4.1.B.1 TRENCH EXCAVATION – 24”1163 LF 5.20$ 6,047.60$ 2.00$ 2,326.00$ 3.00$ 3,489.00$ 801.4.1.A.1 1-1/2” MINUS UNCRUSHED AGGREGATE (DRAIN ROCK)175 CY 42.20$ 7,385.00$ 50.00$ 8,750.00$ 50.00$ 8,750.00$ 802.4.1.A.1 ¾” CRUSHED AGGREGATE FOR BASE TYPE I 335 CY 36.60$ 12,261.00$ 48.00$ 16,080.00$ 40.00$ 13,400.00$ 810.4.1.A.3 TYPE III (PG 58-28) PLANT MIX PAVEMENT 300 SY 32.10$ 9,630.00$ 20.00$ 6,000.00$ 19.00$ 5,700.00$ 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL 1 LS 6,345.00$ 6,345.00$ 1,000.00$ 1,000.00$ 800.00$ 800.00$ 1105.4.1.D.1 PERMANENT SIGNING ANCHOR ASSEMBLY 3 EA 455.00$ 1,365.00$ 250.00$ 750.00$ 250.00$ 750.00$ 2010.4.1.A.1 MOBILIZATION 1 LS 17,010.00$ 17,010.00$ 20,000.00$ 20,000.00$ 6,000.00$ 6,000.00$ 2030.4.1.A.1 MANHOLE, ADJUST TO GRADE 2 EA 1,315.00$ 2,630.00$ 900.00$ 1,800.00$ 450.00$ 900.00$ 2050.4.1.A.1 DRAINAGE GEOTEXTILE 733 SY 2.35$ 1,722.55$ 6.00$ 4,398.00$ 6.00$ 4,398.00$ SP-200 PATHWAY BOLLARD INSTALLATION 2 EA 1,710.00$ 3,420.00$ 250.00$ 500.00$ 500.00$ 1,000.00$ SP-600 STORMWATER MANAGEMENT 1 LS 9,125.00$ 9,125.00$ 2,500.00$ 2,500.00$ 6,600.00$ 6,600.00$ SP-780 DETECTABLE WARNING DOMES 2 EA 1,790.00$ 3,580.00$ 600.00$ 1,200.00$ 300.00$ 600.00$ SP-1000 CONSTRUCTION STAKING 1 LS 5,075.25$ 5,075.25$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ SP-2040 ORNAMENTAL FENCING 464 LF 104.05$ 48,279.20$ 45.00$ 20,880.00$ 52.00$ 24,128.00$ SP-2060 MODULAR RETAINING WALL 1530 SF 37.00$ 56,610.00$ 32.00$ 48,960.00$ 16.50$ 25,245.00$ UT-1 STATE OF IDAHO USE TAX -$ 1,358.00$ -$ 1,358.00$ -$ 1,358.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL BASE BID 226,932.00$ 158,102.00$ 124,788.00$ GRANITE EXCAVATION KNIFE RIVER CORP ASPHALT DRIVEWAYS & E IDIAN IDAHO BID RESULTS BIO NAME: Five Mile Pathway Segment H2 Construction DUE DATE & TIME: June 26,2017 2:3O BID NUMBER: PKS-1741-10134.b VENDOR E !o E @p m a BID AMOUNT t4. ta7-z o A-siila zt- DZ t r4/t/4u, 5 r24 7b9-, ?=rLax t'rz E-*,2-A,L 2"2.512.,----T--r r-I t++ I-+----r-t--r-t--r--r opened by: Ort/r- , KUl Attest: {3a &/b, tZ PREMUM ls FOR THE CONTRACTTERIIi AND IS SUBJECTTOADJUSTMENT EASEO ON FINAL CONTRACT PRICE #AIA Document A312TM - 2010 cot{TMcIon: (None, legal snns ad dbess) Asphalt Driveways and Patchng Solutions, lnc. PO Box 702 Nampa, lD 83653 OWIER: (N@ne, legal statut qrd adbess) City of Meridian 33 E. Broadvay Ave., Suite 16 Meridian, lD 83642 co6rRucTrot{ co TRAgr Date: Juns_, 2017 n6e1111 $124,788.00 Dcscripion: (Name and locdion) l1' SURETY: (Nqne, legal stqlus ard principal plrce of busines lndemnity Company of Calafornia 17771 Couian, Suite 100 lrvine, CA 92614 Bond No. 8'10987P This doofiEnt h6! kflport nt legat cona€quonca8. ConadisUon wlot an attonEy l! oncouraoad ! ith rBsped to its cqnple on or nbdllcaddl. Any singdar reGllnca to Cor ractor, Surety, Owner or other party lhall be corBlderEd plu'81 wtl.rB.ppllc8bh. AA Ooonncot A31 2-2010 combinet turo separale boMg, a Perfonianco Sond 6r$ a Payrnent Bdd, into oaE lo.m. ThB is nol a 8ingh contiled Performncs ond PayrEr( Bord. 80r{D Dale: June_,2017 (Not eolier tlun Construc,ion Con ract Dde) Amount: $124,788.00 Modifications to this Bond: E Nonc E Scc Section 16 COI{IRACTOR AS PRII{CIPAL SURETYCompsny: (Corporote Seal) Comparlyl Asphall Driveways and Patching Solutions, lnc. lndemnity Company Signature s Namc 3.qn Project No. 10134. B Five Mile Pattway Segment H2 Consfuction Namc and Title: Cal Seal) n, Attorney-ln-FactJenae and Title: O q/ .,/ r. (1,1f dditiorul ngrerures appear on tlc last page of this pedonance Bond) (FOR INFORMIflON ONLY - Nqnq ad&ex and telephone) AGEI{I OT BROGR: flI{ER'S hEPRESENTATTVE: Allied Bonding, (Archilect, Engiaeer or otlvr parry) a subsidiary of Pinnacle Sfety Services 5605 Overland Rd. Boise. lD 83705 Phone 1-800-257-3547 jenae@allied-bonding.com tntt AIA Docutrrt AIIZE - 20,t0. Trlo Arn l..n tnrlrut o{ArEhttcb. 1 r Performance Bond t fl:lT ]'3AFTi 03 .ir{i nOl e' MrJIM?R9 rtrlMr atrr,(lA or rl)f t.8ue el (lhA f ')rtl.r 1 '.1iri rti0:' ^rlr . l.to (i litAA $ I The Contractor and Suety, jointly and severally, bind themselv€s, their heirs, executors, EdmirisEators, successors and &ssigns to the Owner for the performance ofthe Construction Confact, which is incorporated herein by rcference. $ 2 Ifthe Contractor performs the ConsEuction Contract, the Surcty and the Contractfi shall have no obligation under this Bond, cxcept when applicable to paflicipatc in I conference as provided in Section 3. $ 3 Iffiere is no Owner Default under the Coostruction Contract, the Surcty's obligation under this Bond shall arise afrer .'l thc Owner firsl provides ootice to the Contractor and the Su€ty thst lhe Owner is considering declaring a Contmclor D€fault. Such notice shall indicate whether the Own€r is rcquestinE a confereoce arnong thc Owncr, Contractor and SurEty to discuss thc Contractor's performmce. Ifthe Owncr does not request a conferencc, the SurEty may, within fivc (5) busincss days aftcl rcccipl ofthc Owncr's notic€, rcquest such a confercnce. Ifthe Surety timely requesls a conferencc, the Owncr rhall atteDd. Unless thc Owner agrEes otherwise, any confercnce requcsted under this Section 3. t shall be held within ten (10) business days ofthe Surety's r€c€ipt of thc Owner's notice. Ifthe Owner, the Contractor rnd the Sur€ty agree, the Contractor shall bc allowed a reasonable time to pcrform the Constntction Contract, but such 6n agrecmcnt shell not waive the Owner's right, ifany, subsequently to declsre a Con!:dctor Dcfault; 2 the Owner declarcs a Conractor D€fault, terminates thc Consaudion Co ract and notifies rh€ Suety; and .3 the Owner has agreed to p8y th. Balaoce ofthe Contract P ce in accordance with the terms ofthe Constuction Contract to the Surty or to a contrsctor sclected to perform thc Constsuction ConEact. ! 4 Failure on the part ofthe Owner to comply with the notic€ requirEmont in Section 3.I shall not coNtitute a failure to comply with a condition precedent to the Surety's obligations, or de.se the Swety ftom its obligations, except to the cxtcnt the Surcty demonstrates actual pr€judice. g 5 Whcn thc Owncr has satisfied thc conditions ofScction 3, thc Sursty shall promptly and at the Surety's cxpcnse take onc ofthe following actions: S 5.1 Anange for the Contractor, with lhe consent ofthe Owner, to perform and complete the Constmction ConEact; 5 5.2 Undenakc to perform and complete thc Constuction Contact itself, through its agents or independent conEactofs; ! 5.3 Obtain bids or negotiated prcposals from qualified contractors acceptable ro the Owner for a contract for pcrformance and completion ofthe Construction Contmct, arrange for a conEact to be prepared for exccution by the Owncr 8nd a contsactor sclccted with the Owner's concuEence, to be secured with performane and payment bonds cxecutcd by I qualilied suety equivalent to the bonds issued on the Consftuction Contract, and pay to the Owner the amount ofdamagcs as dcscribed in Section 7 in excess ofthe Balance ofthe Contract Price incuned by the Owner as a result ofthe Contractor Default; or S s.tl Waivc ils right to pcrform and completc, arrange for completion, or obtail a new contractor and with ]easonable prcmptness under the circumstances: .l Aflcr investigation, determine the arnount for which it may be liable to the Owner and, as soon as praclicable after the amount is determincd, mafte payme[t to the Owner; or2 Dcny liability in whole or in pan and notiry the Owner, citing the reasons for denial. S 6 Ifthe Surety does not procced as providcd in Section 5 with rcasonablc promptncss, the Surety shall be de€med to b€ in defsult on lhis Bo[d scven days alier receipt ofatl addilional written notice from the Ot ,n;to thc Surety demanding that the Surety perform its obligations unde. this Bond" and the Owner shall bc entitlcd to enforcr anv remedy available to the Owner. Ifthe Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or thc Surcty has denied liability, in whole or in pat, without further notice the Owner shall be entitled to eniorce arty remedy available to the Owncr. 2 lr t Al,A Oocum.GtAll2t -2OlO. Th. Arn rtc.n tn ttub or AmniGcE. S 7 Ifthe SurcA etccts to act under Section 5.1, 5.2 or 5.3, then the responsibilities ofthe Sursty to dle Owner shall not be greaier than those of the Contractor undcr the Construction Contract, and the responsibilities ofrhe Owner to the Surety shall not b. geat€r than those ofthc Owner undcr the Construclion Contract. Subjcct to the commitment by the O\rner ro pay rhe Balance ofthe Contiact Price,lhe Surcty is obligated, without duplication, for .l the responsibilities ofthe Contractor for coEection ofdefective work and complerion ofthe CorEEuctioD ContEct;.2 additional legal, design profcssional and delay costs rcsulting from the Contnctor's Default, and resulting from the actions or failure to act ofthe Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are spccified in the Construction Contract, acturl damages caused by dclaycd pcrformancc or non-pcrformance ofthe Contractor. 5 E Ifthe Sursry elecls to act under Section 5.1, 5.3 o. 5.4, the Suety's liability is limited to the smount of rhis Bond $ 9 Thc Suety shall not be liable to the Owner or others for obligations ofthe Contsaclor that aI€ uEelated to the Construction Cont'act, and thc Balancc ofthe Contrast Price shall not b€ reduced or set offon account ofany such uruElated obligations. No dght ofaction shall accruc on this Bond to any person or entity other than thc Owner or its heirs, rxrcutoB, administrators, successors and assigns. $ l0 Thc Surety hereby waives noticc ofany change, i[cluding changes of time, to the Construction Confacr or ro rclatcd subcontracls, purchase orders atld other obligations. $ l1 Any proceeding, legal or equilable, under this Bond may be instituted in any court ofcompetentjurisdicrion in the location in which lhe work or pan ofthe work is located and shall b€ insritut€d within two yesrs afler a declamtion of Contracbr D€fault or within two yeaIs affer the Contractor ceased working or within two ye6rs after the Sureg refirses or fails to perform irs obligations ulder this Bond, whichever occurs first, lf the provisions ofthis Paragraph arE void or prohibitcd by law, the minimum p€riod of limitation available to sureti€s as a dcfensc in thejurisdiction of the suit shall be applicable. S 12 Notice to the Surety, the Owner or the Co ractor shall bc mailed or delivered to thc address shown on the page on which their signature appears. ! 13 When this Bond has been fumishcd to comply with a statutory or other legal r€quircment in the location whcr€ the construction was to be performed, any provision in this Bond conflicting with said statutory or legal rc4uircmcnt shall be dccmed dclet€d herefrom and provisions conformiog to such statutory or other legal requiremenl shall be deemed incorporated herein. When so fumished, the htent is trrar this Bond shatl bc construed as a statutorv bond and not as a common law bond. S I'l 06flnltlonr S 14.i Bahncr of tho Contac{ Pdc!. The lotal smount payable by the Owner to the Contactor under thc Constuction Contracl after all prop€r adjustments have been made, including allowance to the Contractor ofsny amounts rcceived or to be rcceived by the Owner in setlement of insurance or othcr claims for damages to which the Conractor is cntitled, rrduced by all valid ard propcr paymenG made to or on b€halfofthe Contractor under the Construction Contrsct. $ 14.2-Conrturdon Contx{. The agreement between the Owller and ConEactor identified on the cover page, including all Contmct Documelts and changes made to the agreement and thc Contract Documents. 5 14.3 Conhctor Mrult Failure of the Contractor, which has not be€n reme.dicd or waived, to perform or otherwise to comply with I material term ofthe Construction Contracl. 5 11.1 Offirr oG.ault Failue of the Owner, which has not b€€n r€medied or waived, to pay thc corltractor as rEquircd under thc construction contract or to perform and complete or comply with the other material tems ofthe Constsuction Co ract. 5 l{5 Conbrct Doc mcntr. All the documents that compris€ the agre€mcnt between thc Owner and Contractor. $ 15lfthis Bond is issued for an agrecment between a Contmctor and subcontractor, the term Contractor in lhis Bond shall be deemed to be Subcontacto. and the term Owner shall be deemed to be Contraclor. 3 hlt xa oocurrd a!t2n - 2010. Th. Am.ri-n tn.rtut or Arciibc&. $ 16 Modifications to this bond are as follows: None (_Sly:! fyyi*! !:!r* lor ddditional signotures of added patties, oher than those qpearing on rhe cover page) OOI{IR^CTOR AS PRIT{GIPAL SUREWCompany: (Corporute Seal) Compallyt (Cotporale Seat) Signaturc: Name ard Titlc: Address Signarure: Name and Title: Address CAUTIOI{: You 3hould slgn .n changa wlll not b. obacurrd. odgln.l AA Contr.ct Oocument, on N.hlch thlt toxt appoaG ln REO. Ar odgln.t aaaurB t lst lnll AtA Ooqrnrntl3t2r -2OlO. Th. Alnorirn tnrflur. oaArchit clr. 4 *AIA Document A312TM - 2010 Payment Bond CO TR^CTOR: (Name, bgal Etatus ond d&ess) Asphalt Driveways and Patching Solutions. lnc. PO Box 702 Nampa, lD 83653 OWIER: (Nadq legal status and adbesE) City of Meridian 33 E. Broad,/Ey Ave., Suite 106 Meridian, lD 83642 cd{tiTRucItoil collrRAcr Date: June_,2017 Amount $124,788 00 Dcscription: (Nane qnd locotion) SURETY: (Narne, legal sdut qnd principol plrce of buf,iness) lndemnity Company of California 17771 Cov€n, Suite 100 lrvine, CA 92614 Thi! doqfilont has imponant legal coruaqucnce3. Consdtalon wilh 8n stlo.ney b e@uragcd with rglPad to its drplcoon or rlodlfcatlm. Any tlr{ular rereEnce lo Contractor, Suety. Ovfior or other perq shall be comldsrld plural wlrclr afpllcablr. AIA Docrmeit A312-2010 cornblrEa trc separ8L bords, a Pedodnanc6 Bond and a PayrEri Bond, into one form. Thl! k nol I slngle comblnod Pe.to.manca ard PeyrrEnl Bond.Project No. 10134.B Five Mile Pathway Segment H2 Construction BOilD Dat€: June_, 2017 (Not e@lier tten Construction Conffact Date) n1n6u ; $124,788.00 Modifications to this Bond: E Nonc E Sec Scction tE COiIIRACIOR AS PRI]{CIPAL SIIREWCompany: (Corporaa Seal) Compaty: Asphall Driveways and Patching Solutions, lnc. lndemnity Company Signature:{-5/^A /\t\ (c ali Seq0 Jenae M , Attorney-ln-Fact S Name@raJtrov ,^.'tlr-Name and Title: Or,gn; q-a- and Title: (Arry additional sigatures appear on the last pge ofthis porrient Bond) (FOR INFORMITION ONLY - Naae, adbess qnd aelephorc) AGEIIT or EROXER: Offi{ER,S REPRESEIIATI/E: Allied Bonding, (Atchilecl, E Eineer or other pqrty:) a subsidiary of Pinnacle Surety SeMces 5605 O\€rland Rd. Boise. lD 83705 Phone 1-800-2573547 jenae@allied-bondng.com lnl AlA Docltisa Att2E - 2OlO. Th. An ric.n tndnlb ot^rd tlct . 5 Bond No. 810987P $ I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and sssigns to thc Owner to pay for labor, mate als and equipment fumished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 5 2 lfthc ConEactor prohptly makes paymcnt ofall sums due to Claimants, and defends, indemnifies and holds hamlcss the Owner from claims, demands, licns or suits by any person or entity seeking payment for labor, materials or equipme fumished for use in the p€rformance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Borld. ! t lfthere is no Owner Default under the Constuction Contmct, the Surety's obligation to the Owner ulder this Bond shall arisc aftcr thc Owner has promplly notified the Contractor and the Surety (at the address described in Section 13) ofclaims, dcmands, liens or suils against the Owner or the Owncr's prop€rty by any person or entity sceking paymcnt for labor, materials or equipment ftmished for use in thc performance ofthe Constnrction Contract and tendcrcd defense ofsuch claims, demands, liens or suits to the Cont-actor rnd lhe Surcty. ! I When the Owner has satisficd the conditions in Sectiol 3, the Surety shall promptly and at the Surcty's expense dcfcnd, indemnip and hold harmlcss thc Owner against a duly tendered claim, demand, lien or suit. $ 5 Thc SuEty's obligarions to a Claimaot undcr this Bo[d shall arise after thc following: ! 5.'l Claimans, who do not have a dir€ct contact with the Contractor,,l havc fumished a wr-ittel notic. ofnon-payment to the Contactor, statiog with substantial accuracy the amoul claimed and the narne of the party to whom the materials were, or equipment was, fumished or supplied or for whom the labor was done or performed, within nioety (90) days after having last prformed labor or las firmished materials or equipmcnt included in the Claim; and, have sent a Claim ro the Surety (at the adrlress described in Section l3). $ 52 Claimants, who are employcd by or have a direcl coltract $,ith lhe Contractor, have sent a Claim to the Surcty (8t the address describ€d in Seclion l3). $ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the ContEctor, that is sufficient to sadsry a Claimant's obligation to fumish a written notice ofnon-payment under Section 5.1.1. ! 7 Whcn a Claimant has satisfied the conditions ofscctions 5.1 or 5.2, whichcver is applicable, the Surcty shall promplly and ar the Surety's cxpcnse take the following actions: ! 7.1 Scnd an answer to thc Claimant, with a copy to th€ Owner, within sixty (60) days aft€r rcceipt ofthe Claim, stating lhe amounrs lhat are urdisputed aod the basis for challenging any amou[ts that ar€ disputed; 8nd ! 72 Pay or arrangc for payment ofany undisputed amounts. 0 ?3 Thc Suety's failure to discharge its obligations under Section 7.1 or Seaion 7.2 sh8.ll nor be deened ro constitute a waivcr ofdefenses the Suety or Contractor may have or acquire as to a Cl8im, excrpt as to undisputed amourrs for which thc surcty aDd clainsnt have reachcd agrccment If, however, the surty faiG to discha4; its obligstions undcr Section 7.1 or Section 7.2, the Sur€ty shall ildcmniry fie Claimant for thc re€sonable atto;Ey's fees thc Claimant incuG thereafter to recover any sums found to be due and owing to the Claima[t. g 8 Thc Surety's total obligation shall not exceed thc amount of this Bond, plus the amount of r€asomble attomey's fces providcd undcr Section 7.3, and the amount ofthis Bond shall be crediied for any payments made in good faith by lhe Sw€ty. $ I Amouns owed by the Owner to the Conractor undcr the Construction Confact shall be used for thc performanccofthc construction contract and ro satisry ctaims, ifany, unde. any consEuction performance bond. By thecontractor frrmishing and lhe owner accepting this Bond, they agree that all fund; eamed by the Contractor in thepcrfomsnc€ ofthc construction contract are dedicated to sarisS obligations ofthe Cort"rior *a su."ty ,ra-o i i,Bond, subject lo thc Owner,s priority ro use the funds for the completiion ofthe work. 6 tnil ala Doclm.otat,t2r -2010. Th. Ahri(.n tndit t or^rchiLcr!. $ l0 The Surety shall not be liable to the Owner, Claimants or others for obligations ofthe Contractor that are unr€lated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or giv€ noric€ on b€half of, Claimants or otherwise have any obligations to Claimanrs under rhis Bond. 5 lt The Sur€ty hercby waives noticc ofany change, including changes oftime, to the Construction Contract or to rclated subcontBcts, purchase orders and other obligations. $ 12 No suit or action shall be commenced by a Claimaot under this Bond other than in a court ofcompetent jurisdiction in the state in which the projecl thar is rhe subjecl ofthe Construction Cont act is located or after the expiration of one year from the date (l) on which the Claimant sent a Claim to thc Suety puEuant to Section 5.1.2 or 5.2, or (2) on which the lasr labor or servicc was performed by anyone or the last materials or cquipment were fumished by anyone under the Constsuction Contract, whichcver of(l ) or (2) first occurs. Ifthe provisions ofthis Paragraph are void or prohibitcd by law, the minimum period of limitation available to surcties as a dcfense in thejurisdiction offte suit shall be applicable. $ 13 Noticc and Claims to the Sur€ty, thc Owner or the Contractor shall b€ mailed or delivercd to the ad&€ss shown on the page on which lheir signature app.aB. Actual reccipt ofnotice or Claims, however accomplished, shall be sumcient compliance as ofthe date received. $ 1{ When this Bond has been fumished to comply with a statuiory or other legal requirement in the location wherc the consttuction was lo be performed, any provision in this Bond conflicting wirh said statutory or lcgal rcquirement shall bc dcemed deleted hercfrom and provisions conforming to such statutory or other legal requircment shall be deemed incorporated hercin. When so fumished, the intcnt is that this Bond shall be coostrued as a statutory bond and not as a common law bond. $ 15 Upon rrquest by any person or entity appeadng to b€ a potential beneficiary ofthis Bond, the Contractor and Owner shall promptly frrmish a copy ofthis Bond or shall permit a copy to be made. S 16 Ddnldon 5 16,'l Chim. A wrinen statement by thc Claimanr including 8t a minimum:.l the name of tlre Claimant;2 thc name ofthe person for whom the labor was done, or materials or equipment fumished;.3 a copy of the agre€ment or purchase oder pursuant to which labor, matc als or equipment was fumished for use in the performance of the Constuction ConEact;.tl 8 bricfd€scription ofthc labor, materials or cquipment firrnished;.5 the date on which dre Claimant last f,erformed labo. or last frrmished materials or cquipment for use in the performancc ofthe Conslruction ConEact; '6 thc total amount earned by thc Claimanr for labor, matc als or equipmcnt fumished as ofthe date of the Claim;.7 the totsl amount ofprevious payments received by thc Claimant; and.8 the total amount due ard unpaid to the Claimant for labor, materials or equipment fumish€d as ofthc date of the Claim. ! 16'2 Clelmlnt An individual or entity having a dircct contract with the Contractor or with a subcontractor ofthe ConlBctor lo fumish labor, materials or equipment for usc in the performance ofthe Construction Contract. The term Claimant also includes any individual or entity that has rightfully assencd a claim under aD applicable mechanic's lien or similat statute against the rEal property upon \,vhich the Pmject is located. The intent ofthii Bond shall be to includc tarithout limitation in the terms "labor, materials or equipment" that psrt ofwater, gas, power, light, heat, oil,gasoline, telcphonc scrvice or rcntal equipment used in the coostructioD co ract, archits;Gi aod effieering' seryices rcquircd for Performance ofthe wort ofthe Contractor and the Contnctor's subcontractors, a;d all od'er itemsfor.which a mechanic's lien may b€ &sserred in thejurisdiaion wherr thc labor, materials or equipment werc fumished. 0 16.3 conatrudio[ contrtct rhe agreement between the owner and contractor identified on the cover page, including all contract Documcnts and all changes made to the agreement and the co,,tracl Documents. 7 lntl AIA Oocom.nt A!,t2n - ZOiO. Th6 ,\rn.ricen tru0n b of Archit cb. ! l6,a Omrr Oftdt Failut! of thc Os,n6, wtich hrs not bGcn rarcdied or waivd to pay the Contaqtor 8s rrquircd undar thc CoDstudion Cootrrcl or to pqform 8nd complcL or coDply with lhc olicr rDlrcriol tcrEs ofttc Coastus-tion Cortracl 0 lC.5 Con!*f oocuttrnta, All the documats thrl comprisc the agrccment betwccn the Own€r Erd Coni'actor. ! lT lfthis Bond is is$tcd fq rn agrEcrncnt b€twesn a Cootrastor and subcontEclor, thr tErm Cotrtactor in this Bond shsll b. dr.rucd to bc Subcootaclor rnd the tlrm Owncr shsll bc dcemcd to be Contractot. ! lE ModificrtioB ro this bond ars as follows: None (spe b providcd belov lor ddirioral sigrgtures of od&d patties, olrgr than ,hose qpoing on rhe cover ge.) CO{TR^CTOR AS Pf,ITICIPAL SURETYCoupany; (Corporae &ol) Compary (Corpqare Seol) Signerc: Nrmc snd Titlc: Addrqs Signature: Namc and Titlc; Address CAlrTlOf : Y--ou .hould .lgn ao odgln l AA Conm Oocunrnt, on wtbh thb t xt.pfa.E h REo. Ar ortetr!.t -u! Odslrarg- rU nol b onaculd. lart ll^ OoqrnaAltt -rOtO. Th. ^rdic.. hdta d^rctf.lr. 8 POWER OF ATTORNEY FOR OEVELOPERS SURETY AND INOEMNITY COITIPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, lRVlNE, CA92623 (949)263-3300 KNOWALL BY THESE PRESENTShal except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COI!4PANY and lNDElt4NlTY COMPANY 0F CALIFORNIA, do eadr hereby make, co.sttute and appoinlr "'Jennifer Grenrood, Karyl Richter, Jenae Sexton, jointly or severally"' presenls, are horeby ralifed and coniinned. AND INDEMNITY COMPANY and INDEMNITY ColtlPANY 0F CALIFoRNIA, eflective as o, January lst 2008. RESOLVED, hal a combination of any tno of he Chaiman of he Board, he Presidenl Ere@tve McePresident, Senior VicePresideit or any Vice President of he to atlest he exedlion of any such Po$/er of Allorney; RESoLVED, FURTHER, that the signatures olsuch ollicers may be affixed loanysuch Poyver olAttomey orto any certiricate relating hereto bytacsimile, and any such or cfitlact of suretyship to wfiich il is att€ched. lN WITNESS WHEREoF, oEVELoPERS SURETYANo INoEMNITY CoMPANY and INoEMNITY CoMPANY 0F CALIFORNIA ha'/e severally caused hese presents to be sEned by lheii respecilive offlers and aflested by heir respeclive Sedelary or Assistant Sedetary his 6h day of February 2017. Bv, Mad( Lansdon, VicePresidenl -...';r-.?1l,iilti,;a:5i D:o !;i,;lrliiTs8y ocr 5 1967 State of Califomia County of orange A nolary public or other officer compleling lhis certificate verifes only the idenlity ofthe individualwho signed the document lo which this cerlifcale is attached, and not the truthfulness,, or valadi of lhal document. 6,2011 before me,Lucille Raymoid. Nolary Public0n personally appeared H{elnsdtNh rd I't otrr Ofi6. Danid Yqnq and l\,lark Lansdon IUCIttE RAYrcXD Committidl , A[t9a5 ttot ryPu8ic. Cdfanh on,|f. Coutlty Comm. Piace Notary SealAbove E Nrm{s) ol s'qd(s) who pro'/ed to me on he basis ol salisfactory evidence to b€ he person(s) who6e name(s) is/arc subscribed to he vrihin insbumenl and acknoudedged to me hat he/sheJbey executed he same in his/her,{heir auhorized capacily(aes), and lhat by his,tor/heir signaturc(s) on he instrument $e person(s), or he entty upon b€fialf of whidr he person(s)act€d, executed lhe inslrument. I certity under PENALTY 0F PERJURY under the laws of he State of Catifornia hat he foregcing paragraph js true and coared. WITNESS my hand and offcial seal Signalure Lu Notary Public CERTIFICATE ThE UNdEBigNEd, AS S€CTEtAry OT ASS|SIANI SEC'EIATY Of OEVELOPERS SURETYAND INDEMNITY COMPANY Or INDEMNITY COMPANY OF CALIFORNIA, dOES hCrEbY said corporalions sel fo.h in lhe Pou/er ol Atlomey are in fo.ce as of the dale of U s Cedif.at€. thb C€diicate is oxoqrted in he City of lryioe, Cdifomia.ta 2&( *, J-t,^r,a |z,ol >C/eBy o oct 5 r067 ATS-1002 (02/17) Assistant Oaniel Young, Senior Vice-P.esider'l //7+< ,ACORD" 06t28t2017 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO 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. IMPORTA T: It the cedificalo holdo. is an AODITIONAL INSUREO, the policy(ies) must b€ endorsed. lf SUBROGATION lS WAIVED, subject to the torms and conditions of lhe policy, certain policios may ftrquire an endoBement. A statement on this certificate does not conler rights to tho certificate holder in liou ofsuch ondoFernsnt(s). l hilin E 2A8)466 2465 (208)466-247 1 dwhitiog@wwdealinsurance.comrD 83651, Ohio Security lnsurance C 24482 INSURED Asphalt Driveways & Patching Solulions LLC PO Box 702 Nampa lD 83653- CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER REVISION NUMBER CERTIFI CANCELLATION At001375 Faxr (000)000-0000 @ 1988-2014 ACORO CORPORATTON. A rights reserved. The ACORO name and logo are registered marks ofACORD t THIS ]S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSUREO NAMEO ABOVE FOR THE POLICY PERIOO INDICATEO. NOTWTHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WTIICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEJECT TO ALL THE TERMS, EXCLUSIONS AND COND]TIONS OF SUCH POL CIES LIMITS SHOIIN MAY HAVE BEEN REDUCED BY PA]DCLAIMS LtMtlsIN EACH OCCURRENCE DAMAGE TO RENTED MED EXP lAnv one b€rsonl 1000,000 15,000 s 5 s 1,000,000 PERSONAL A ADVIN.]t'RY $ 1,000,000 GFNFFAI AGGRFGATF PRODLJCTS. COMP/OP AGG 2,000,000 $ 2,000,000 COMMERCIAL GENERAL LIAAILLTY L]MIT JECT x x x 'LAGG LOC 8KS57830227 5 COMBINED S NGLE LIMIT BOO LY NJURY (P6r percon) BOO LY NJURY (Per acqdenl) x RETENTCN S xxtl OED OCCUR CLAIMS.I\'ADEEXCESS LIAB x us057830227 02t22t2417 r 2,000,000 I AGGREGATE 02t22t2018 I EACH OCCt]RRENCE 1,000,000 WORKERS CO PET{SATION AND EMPLOYERS' !IABILITY ANY PROPRIETORTPARTNER'€XECUT \'€ OFFICERA,IEUBER EXCLUOEO? S EL ]SEASE,'AEI,iP DESCRDnON OF OTERAIIONST LOCATIONS TVEHICIES (ACORD r0r Add'r'o.rl R.m.rr3 Sch.d Project #10134.8 C'ty of Mendran rs an addrtional rnsured per CC 88 10 form ul., fr.y b..tt ch.d it fiorespr.. is rcqut.dl Waiver of Subrogation applies. SHOULDANYOF THEABOVE DESCRIBEO POLICIES BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF, NOTICE wILL BE DELIVERED !N ACCORDANCE WTH THE POLICY PROVISIONS, t0 83642, Clty Of Mendaan 33 E Broadway Ave Meridian q*"itrAUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) WW DealAgency lnc 917 2nd St Soulh Nampa o2t22t2u7 bzt22t2o1a a, ,rtr^o. I o""ro AUTOMOBILE LIABILITY l- o", ourni l err omreo f J screoureoIAUTos L l AUTos NON,OWNEDI ] HIREDAIJTOS L ] AIjIos s 1i 5 36129Idaho State Insurance FundAsphalt Driveways & Patching Solutions LLC PO Box 702 Nampa, ID 83653-0702 Farm Insurance Brokerage Co Inc PO Box 4848 Pocatello, ID 83205-4848 59 (208) 232-7914 06/28/2017 DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE INSURER(S) AFFORDING COVERAGE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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 endorsement(s). INSURED PRODUCER (A/C, No, Ext):PHONE (A/C, No):FAX E-MAILADDRESS: NAME:CONTACT INSURER B : INSURER A : NAIC # INSURER C : INSURER D : INSURER E : INSURER F : 500,000 100,000 100,000 X 01/01/201803/04/2017657419 34 LOCJECT OCCUR PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: CLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-TORY LIMITSWC STATU-WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE NON-OWNEDHIRED AUTOS SCHEDULEDALL OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N AUTOS AUTOSAUTOS $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSR REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Purchasing Department D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05)© 1988-2010 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD City of Meridian Attn: Finance 33 E Broadway Ave Ste 106 Meridian, ID 83642 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 $124,788 Mike Barton If yes, has policy been purchased? Construction Contractor - Asphalt Driveways & Patching / Consultant - CTA Architects III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 1 5200 93401 10134.b TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) 7/5/2017 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved July 6, 2017 I. PROJECT INFORMATION 6/28/2017 2/28/2018 FY18 7/6/2017 Parks & Rec Five Mile Pathway Segment H2 Construction V. BASIS OF AWARD 6/28/2017 July 5, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A Existing 024626-c-4 1/31/2018 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Mike Barton/PM Date: 07/06/2017 Re: July 11 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 11 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to Asphalt Driveways & Patching for the FIVE MILE PATHWAY SEGMENT H2 CONSTRUCTION project for a Not-To- Exceed amount of $124,788.00. Recommended Council Action: Award of Bid and Approval of Agreement to ASPHALT DRIVEWAYS & PATCHING for the Not-To-Exceed amount of $124,788.00 and authorize Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount of $124,788.00. Thank you for your consideration. City of Meridian Purchasing Dept.