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Anderson & Wood Construction Bid and Agreement for Todd Way & Sandalwood Street Lighting Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Al Christy, PW Transportation & Utility Coordinator; Chris Pope CDBG Administrator Date: 10/17/2017 Re: October 24 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 24 th City Council Consent Agenda for Council’s consideration. Approval of Award of Bid and Agreement to ANDERSON & WOOD CONSTRUCTION CO. for the TODD WAY & SANDALWOOD STREET LIGHTING project for a Not-To-Exceed amount of $141,095.25. This project is funded by a Community Development Block Grant (CDBG). Recommended Council Action: Award of Bid and Approval of Agreement to Anderson & Wood Construction Co. for the Not-To-Exceed amount of $141,095.25 and also authorize Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount $141,095.25. Thank you for your consideration. City of Meridian Purchasing Dept. ENDIAN�- Public IDAHO Works Department TO: Keith Watts, Purchasing Manager FROM: Al Christy Transportation and Utility Coordinator Mayor Tammy de Weerd Chy Council Memberss Keith Bird Joe Borton Lube Cavener Genesis Milam Anne Little Roberts Ty Palmer DATE: October 17, 2017 SUBJECT: TODD WAY AND SANDALWOOD DRIVE STREET LIGHTING, PROJECT NO. 6003.75 - CONSTRUCTION CONTRACT WITH ANDERSON & WOOD CONSTRUCTION CO. FOR $141,095.25. I. DEPARTMENT CONTACT PERSONS Al Christy, Transportation and Utility Coordinator 489-0352 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Public Works Director 489-0372 II. DESCRIPTION A. Background This project is a Community Development Block Grant ("CDBG") project that was originally approved in 2015 in an effort to increase street lighting throughout the City. This project includes the installation of twenty-five (25) street lights consisting of eleven (11) street lights on N. Todd Way, one (1) street light on N. Glennfield Way and thirteen (13) street lights on W. Sandalwood Dr. This area has been prioritized for street light installation based on citizen requests, walking routes to schools, bus stops, and/or a higher crime presence in the area. The design, pole purchase and fixture purchase has been completed using CDBG funds. Design for this project was completed by Murraysmith, Inc. at a cost of $23,976.00. The pole costs were $10,516.25. The fixture costs were $5,937.50. The poles and fixtures are available for the contractor to pick up and install. The initial budget for this project was $150,000.00. Additional funds of $37,500 have been made avaliable by Chris Pope, CDBG Administrator. B. Proposed Project Page 1 of 2 The project includes installing twenty-five (25) standard residential 46W LED street light fixtures and poles along Todd Way, Sandalwood Drive and Glennfield Way. III. IMPACT A. Fiscal Impacts Funding is available for Todd and Sandalwood Street Lighting for this construction contract. The value of the construction contract with Anderson & Wood Construction Co. is $141,095.25, with $147,070.25 in current funding available in the account. Project Costs: Fiscal Year 2018 Total Project Cost $141,095.25 Project Funding Fiscal Year Account Code / Codes Available Funding 20-1840-85000 $147,070.25 Total Funding Required $141,095.25 B. Annual Power Costs The following calculation is used for power consumption of twenty-five (25) 46W street lights under Idaho Power rate schedule 41 C (non -metered service). 25(lights) x 46W (fixture wattage) x 4,059 (annual hours of operation) / 1000 (kWh) = 4,667.85 kWh 4,667.85kWh X $0.052630 = $245.67 annual power cost or $9.83 per street light. C. Time Constraints Timely installation of the street lights will better serve residents and students in upcoming darker winter months. Approval of this construction contract in a timely manner will ensure this project remains on schedule. Departmental Approval: `5 S Page 2 of 2 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 $141,095 Al Christy If yes, has policy been purchased? Contractor - Anderson & Wood Construction Co. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 20 1840 85000 6003.75 TASK ORDER RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) 10/10/2017 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Warren Stewart 10/13/2017 October 17, 2017 I. PROJECT INFORMATION 10/10/2017 5/1/2018 N/A 10/13/2017 Public Works Todd Way & Sandalwood Street Lighting V. BASIS OF AWARD 9/29/2017 October 6, 2017 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION Yes Yes Yes Active (attached) Goodstanding C-10702-U 7/13/2018 CONTRACT FOR PUBLIC WORKS CONSTRUCTION TODD WAY & SANDALWOOD DRIVE STREET LIGHTING PROJECT # 6003.75.RB THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of October , 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 ANDERSON & WOOD CONSTRUCTION CO. , hereinafter referred to as "CONTRACTOR', whose business address is 2120 E LANARK ST. MERIDIAN ID 83642 and whose Public Works Contractor License # is C -10702-U. INTRODUCTION Whereas, the City has a need for services involving TODD WAY & SANDALWOOD DRIVE STREET LIGHTING; 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. TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.RB page 1 of 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 NolTo-Exceed amount of $141,095.25. 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 Per the requirements of the CDBG Grant, weekly certified payroll reports shall be submitted to the City of Meridian. 2.4 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 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Prolect 6003.75.RB page 2 of 13 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. 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: Substantial Completion shall be accomplished within 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 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 $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 lf, through anycause, CONTRACTOR, its officers, employees, oragentsfails to fulfill in a timely and proper manner its obligations underthis 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 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.RB page 3 of '13 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 liabilityto 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. 6. CDBG Grant Requirements: This project is being funded by a Community Development Block Grant. The Davis- Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This contract, will be subject to HUD-401 0 Federal Labor Standards Provisions attached hereto as "Attachment C" and made a part hereof. Paragraph 2 on page 2 of 5 of HUD-4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis-Bacon requires wages to be paid not less often than once a week. All subcontractors and any lower tier subcontractors are subject to the same Davis-Bacon Wage requirements as the general contractor. 7. lndependentContractor: 7.1 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. 7.2 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. 7.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. lf in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. TODD WAY & SANDALWOOD DRIVE STREET LIGHTING ProJect 6003.75.R8 page 4 of '13 8. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-19O1 9. 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 othenvise unsatisfactory, that employee shall be removed from all work under this contract. 10. lndemnificationandlnsurance: '10.1 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 employees. CONTRACTOR shall maintain, and specificallv aqrees that it will maintain throuqhaut the teltn of thls Asleemenl liabilitv tnsurance,in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits 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 Contracto/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 priorto 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 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.R8 page 5 of 13 Agent with a copy to [\/eridian City Accounting, 33 East Broadway Avenue, lvleridian, ldaho 83642. '1 0.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 10.3 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. 10.4 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. 10.5 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. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. '10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 11. 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. 12. 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 services. T.DD wAY & SANDALWOOD DRI'E STREET LIGHTING pase 6 of 13 Prolect 6003.75.RB 13. 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. 14. Changes: 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. 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. 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 [\/anagement Program (CSWIVP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://vwwv.meridiancity.qqlenvironmental.aspx?id=1 361 B. 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 priorto final acceptance of the project. 17. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate TODD WAy & SANDALWOOD DRTVE STREET L,GHTING page 7 of .13 Project 6003.75.R8 15. Taxes: 16. MeridianStormwaterSpecifications: 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. 18. Reports and lnformation: 18.1 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. 18.2 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. 19. 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. 21. 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 ActTitle 31 , U.S. Code Section 2'176. 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, TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.R8 Page 8 of 13 20. 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 othenrvise use, in whole or in part, any reports, data or other materials prepared under this Agreement. CONf RACTOR shall not unlavvfully 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. 22. 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. 23. Advice ofAftorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attorney's orthe opportunity to seek such advice. 24. 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. 25. 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. 26. 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. 27. 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. 28. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.R8 page I of 13 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. 29. 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 Managerwill approve the pay request for processing. City of tVeridian 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. 30. Cleanup: 32. 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. 33. 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. 34. 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 Purchasing Manager 33 E Broadway Ave Meridian, lD 83642 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING ANDERSON & WOOD CONSTRUCTION CO. Attn: Fred Oliver 2120 E Lanark St. Meridian, lD 83642 Project 6003.75.R8 page10 of 13 Contractor shall keep the worksite clean and free from debris. At completion of work and priorto 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. 31. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 208-489.0417 Phone: 208-888-7917 Email: info@awconst,com Idaho Public Works License k 10702-U 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_ 35. Approval. Required: This Agreement shalt not become effective or binding until approved by the City of Meridian, CITY F MERI AN ANDERSON & WOOD CONSTRUCTION B gY' ICe+,p, (3,f�, C,,✓�,Z p¢ Dated: —_ Approved by Council: 10 X/7 Attest; C.JAY tOLES, 12ITY CLERK Purchasing Approval t BY: KEITHVWTS, Purcha rng Ma Kager Dated:: Project Manager At Chris k Dated: ---j Departm nt Appr al �-nq�inrrr BY.W REN STEW RT. City Dated.: TODD WAY S SANDALWOOD DRIVE STREET LIGHTING Project 6003.75,Ro page I 1 of 13 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW.1737.6003.75.R8 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-1737-6003.75.R8, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS Todd Way & Sandalwood Drive Street Lighting by Murray, Smith & Associates dated 05-08-2017 1re pasesl Special Provisions andior Technical Specifications by Murray, Smith & Associates dated 05-08-2017 @qpages) Streetlight construction will be funded by CDBG Federal Grant and requires Prevailing Wages be paid for construction. Prevailing Wage Determination included ensuring accurate engineer cost estimate for the construction phase of the project. o Prevailing Wage Determination (5 pases) TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Project 6003.75.R8 a page '12 of 13 A Exhibit B MILESTONE / PAYMENT SGHEDULE Total and complete compensation for this Agreement shall not exceed $141 ,095.25. lr4ilestone 1 Substantial Completion 60 Days from Notice to Proceed Milestone 2 Final Completion 90 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the TODD WAY & SANDALWOOD DRIVE STREET LIcHTING per IFB PW-1737-6003.75 NOT TO EXCEED CONTRACT TOTAL $141.095.25 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. Item No.Description Quantity Unit Unit Price S1 lnstall City provided 25 ft. Pole and LED Fixture - Standard Anticipated MlN. 17 EA $2,s91.26 S2 Conduit and Conductors - Standard 744 LF $43.79 Junction Box - Standard Anticipated MtN.'17 EA $85.47 S4 lnstall City Provided 25 ft. Pole and LED Fixture - Complex 7 EA $2,730.86 s5 Conquit and Conductors - Complex 640 LF $67.51 5b Junction Box - Complex 7 EA $98.38 TODD WAY & SANDALWOOD DRIVE STREET LIGHTING Prolect 6003.75.R8 page 13 of '13 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Contract Pricing Schedule S3 PAYMENTBOND Any singular reference to Contractor, Swety, owner, or otherpart5r shall be considered plural where applicable. Effective Date ofAgreement: October 5, 201 7 Amount (Fieures): $141,095.25 one Hundred Forty one Thousand Ninety Five Dollars and 2sl1 ooDescription 1otrane old Location): Todd way & Sandalwood Drive street Lighting erolect+t oooi.zs.ne BOND Bond Number: CA2'176633 Date (Not earlier than Efective Date of Agreement): october 5, 201 7 Amount: $141,095.25 one Hundred Forty one Thousand Ninety Five Do ars and 251100Modifications to this Bond Form: suretyand contractor, intending to be legallytound hereby, subject to the terms set forth below, do eachcause this Payment Bond to be dury executed by an authorized ohcer, agent, or represeatative. CONTRAI]fORASPRINCIPAL sURxTY CONTRACTOR (i/azr e and Address): Anderson & Wood Construction Co., Inc. 2120 E Lanark StreetMeridian lD s3642 OWNER (ifaze az d Addresg: City of Meridian 33 E Broadwav Ave.Meridian lD a3642 CONTRACT SURETY (llarze, and Address ofprincipat place of Business): Great American lnsurance Company 301 East Fourth StreetCincinnati OH 4izoz (Seal) l/ Attest:vi Witness Anderson & lryood Ccnstru ction Co.lnc (Seal)Great American lnsurance Co mpany Contract or's }Iame and Corporate Seal SuretJr's Name anal Corpora te Seal By:By: Si (Attach Power of Attomey) EYsi S OLi\Er Print Name Attorney-in-Fact Title Attest:{i Signature M thh't, WitrEss Sheila Cook Title Title Note: Provide execution by additional parties, such as joint ventlters, ifnecessary. 2010 ISPM 00615 Modif,ed Frod E ICDC C.6IS perm.Dt BoEd PrEe 1 of3 K Title Elizabeth Schneider Print Name C"L 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successom, axd assiSns to Owner to pay for labor, materials, and equipment fumished by Claimants for usein the performance ofthe Conftact, which is incoryorated herein by reference. 2. With respect to Owner, this obligation shall be null and void ifcontoactor: Promptly makes paymen! directly or indirecfly, for all sums alue Claimantu, and Defends, indemnifies, and holds harmless Owner from ali claims, demands, lierx, or suits alleging non-payment by Contractor by alry person or entity who ftrnished labor, materials, or equipmeit fir usein the performance of the Contract, provided Owner has promptly notifiecl Contractor ancl Surety (at the addresses describeil in Paragraph 12) of any claims, demands, liens, or suits and tendered defense ofsuch claims, demands, 1iens, ol suits to Contractor and Surety, and provided there is no Owner Default. 3. with respect to claimants, this obligation shall be null and void if contactor promptly makes pa),men!dilectly or indirectly, for all sums due. 4. Suety shall have no obligation to Claimants under this Bond until: Claimants who are employed by or have a direct contract with Contraclor have given notice to Surety (at the address described in Paragr_aph 12) ald sent a copy, or notice thereo{to owner, stating thai a claim is being made under this Bond and, with substantial accuracy, the amount ofthe claim] Claimants who do not have a direct contract.\pith Contactor:l Have fumished written notice to Contractor and sent a copy, or notice thereol to Owner; within 90 days after having last performed labor or last fumished materials or equipment included in theclaim stating, with substantial accuracy, the amount of the claim und tt.re nam" of tfr. p".ty towhom the materials or equipment were fumished or supplied or for whom the labor was'done orperformed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any comrnunication from Contractlr by which Contractor had indicated the claim will be paid directly or indirectly; and3. Not having been paid. within.the- above 30 days, have sent a written notice to surety (at theaddress described in paragraph.l?) and sent a iopy, or notice thereof, to o*no, Jutiig'irr"t uclaim is being made under this Bond and encloiing a copy of the previous writteri notice fumished to Contractor, 5' ^ Ifa notice b-y a Claimant required by Paragraph 4 is provided by own6r to Contlactor or to surety, that issufEcient compliance. 6. When a Claimaat has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety'sexpense take the following actions: Send an answer to that Claimant, vrith acopy to Owner, within 45 days after receipt ofthe claim, statingthe amounts that are rindisputed aad the-basis for cldrenging any amounts that are disputed. Pay or anange for payment of any undisputed amounts. 7' _Surety's total obligation shatl not exceed the amount ofthis Bond, and the arnount ofthis Bond shall becredited for any payments made in good faith by Surety. 8' Amounts owed by owner to Contractor und.er the Contact shall be used for the performance of thecontract and to satisfy claims, if any,.-under any performance bond, By conhactor n"irirrrirt *J o*r".accepting this !ond, they agree that all f:nds eamed by contractor in the performance oi in"-coot*t u."dedicated to satisfy obligations of c_ontractor and surety under rhis Bond, subject to o*n..t prio.ffi rr"the firnils for the completion of the Work. 9. Surety shall not be liable to owner, Claimants, or others for obligations of Contractor that are unrelated 2010 ISPWC m6X; Modlfied I}oE EICDC G615 paynetrt Bo[d P^8 2 of3 to the contract owner shall not be liable for payrnent ofany costs or expenses ofany claimant under thisBond, and shall have under this.Bond no obfigations ,o ,Jt" p"yr"rt, tq give notices on beharf of, orotherwise haye obligatio:rs to Claimarrts unO"r Ais nona. 10' surety hereby waives notice.of.any changg incruding changes of timg to the contract or to reratedsubcontracts, purchase orders, and otheiobligaions. i l No suit or action shall be commenced by a Claimant under this Bond other than in a court of comDetentju'isdiction in the rocation in which tle worr. o, fu.r ortrr; ir;*;-i;;;;;#;'#";;#,""",11r"r"year &om the date (i) on which the craimant gave the n"ti"" ."[,i"a uy paragraph 4.r or parugraph 4.2.3,or (2) on which the last rabor or service was.p-errormed uy *yo-* o. ri," Iastiraieriars "..qJi'iir, **.tumished by anyone under the contract, whichev"i "r iri,ir iir first occurs. lr ir-," pr"rirj'*r? trri,paragraph are void or prohibited by raw,.the minimum pe.ioi ot ti-riitution avairrur" t" ,*i"tii. *';;f.*"in thejurisdiction ofthe suit shali be apflicable. ]lljjlit to suety,,owner, or contractor shall be mailetl or delivered to ths addresses shown on theslgnalure page. Acfual receiot ofnotice by surety, owner, or contractor, ho*"r", a""o,nf rir'rr.a,'.nar u"suf[cient compliance as ofthe date received at r]re addrer. .ho*n on ttr" aignafure page. 13' \vhen this Bond has been fumished to comply with a statutory requirement in the location where theconlract was to be per'formed anv provision in rNJn""a *"ni.iirJ witl saia statuiory reqri,=*.,ri'r"n.rr mdeemed delered hirefrom ana ipui:t9": ""rf"-;; ;;:r; .otututory ,"qrir"*ent shall be deemedincorporated herein. The intent isihat this Bond straltlJc;;r;;; ;; a starutory Bond and not as a commonIaw bond. 14' Upon request of any person o1 3lLit1 anp.earinc to be a potential beneficiary of this Bond, contractorshall promptly tumish a copy of rhis Bond oi itiaf f pI*ii, ""iyi" u-" r.,.a". 15. Definitions claimant: Aa individuar or entity having a dircct contract with contractor, or with a first_tiersubcontractor of Contractor, to fumisq q'or, ,nutoiA., o, equip_"nt tor use t i:r, p"id*r*" ofthe contract. The intenr of this Bond sha[ be to in"ira. li,itrr*t ri.Lt"ti", r, tirJ t.#',,-r"m.,materials or equipment,,that paft of water, gas, power, lieht, heat, oil, gasoline, telephone service,or rental equipment used in the contraif *"nit".toJ-rna engineering services required forperformance of the work of contuactor ard contractor,s .;;.#;"t*.;L;'ii "h"?rrlil ",which a mechaaic's Iien may be asserted i" ttre ;uisaiction *h"* ih;^lrb"r; ;",ia-rr, o.equipment were fumished. contract: The agreement between owner and contractor identified on the signature page, including a,Contract Documents and changes thereto. owner Default: Failure of owner, which has neither been remedied nor waived, to pay Contractor as f;3:,Ir: O, the Contuacr, or to perform _a "o.ptuil o. ott"*ir" "o,opfy *ir,"n il"-;;#;_, 208-321-9300 INFOR\{ATI ONLY (Nam er s,Telephone) Uo tseBroker: oFR ON Addres,and oM e o n &Co m npa v263SorDSuretyuilSAgency230DI73 SOwaer'oreer 2010ISPWC 00515 From BICDC C.61silodified Page3 of3 PaymeotXord PERFORMANCE BOND Any singular reference to Contractor, Surety, owner, or other party shall be considered plural where applicable, coNTEACToR ({arn e and Address): suRETy (Narze, oad Address ofprincipal place ofBusinas): Anderson & Wood Construction Co., lnc- Great American lnsurance Company2120 E Lanark StreetMeridian lD ni642 3.01 Easl.Fourth Street OWNER (Naze an d Address): cincinnali oH 45202 City of Meridian 33 E Broadway Ave.l\4eridian lD 83642 CONTRACT Effective Date of Agreement: October 5, 20'17 Amount fFiSures): $141 ,095.25 One Hundred Forty one Thousand Ninety Five Dollars and 25/1ooDescription (Nane 1nd Location): Todd Way & Sandalwood Drive Street Lightin; project# 6003.75.88 BOND Bond Number: CA2176633 Date (Not earlier than Elfecfive Date of Agreement): October 5, 201 7 Amount: $141,095.25 one Hundred Forty one Thousand Ninety Five Doflars and 251100 Modificatiors to this Bond Form: Suety and Conaactor, intending to be legally boundlereby, subject to the tems set forth below, do each causethis Performance Bond to be duly executecl by an authorized offcer, agen! or repfesentative, COI{TRACTORASPRINCIPAI SURETY Andcrson & Wood Construction Co.lnc (Seal) Great American lnsurance Company (Seal)ContractoCs Name and Corporate Seal Surety's N Corporate By:By: Attach of Attomey) Attorney-in-Fact Title Attest:Attest: Signature r,{Sheila Cook WatnessTitleTitle Note: Proyide execution by additional parties, such as joint venturerc, ifnecessary. 2010 IsPwc 00610 Title ,a Modified froE EJCDC C{10 pcrfodr.trc. BoBd Paqc I of3 &Ed rS Cli\E Elizabeth Schneiderft{rN- iffi '1,,44/ Contoactor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successols, and assigns to Owner for the performance of the Contract, whicl is incorporated hetein byreference, I ' If.Contractor perfoms the Contract, Suety and Contractor have no obligation undei this Bond, except toparticipate in conferences as provided in ?aragraph 2.1. 2. Iflhere is no Owner Default, Surety,s obligation under this Bond shall arise after.:2.1 Owner has notified Contractor and Surety, at the addresses desfiibed in paragraph 9 below, thatOuner is considering deolaring a Contractor Default and has requested and attJmited to a6ange a conference with Conhactor and Surety to be held not later than ft days after receipt of such noticeto discuss rnethods of performing the Contt?ct. If Owner, Contractor, and Surety agree, Contractorshall be allowed a reasonable time to perform the Contract but such an a$""r*ni.huil ,roi wuir" - - Orrner's righl ifany, subsequently to declare a Contractor Defaulq and2.2 owner has declared a Contl actor Default and formally terminatei Contractor,s right to complelethe Conhact. Such Contractor Default shall not be detlarect earlier than 20 days ifier Contractor and Surety have received notice as provided in paragraph 2.1; and2.3 Owner has ageed to pay the Balance of the ContraJt piice to:1. Surety in accordance with the terms ofthe Contract; or2. Another contractor selected pursuant to paragmph 3.3 to perform the Contract. 3. when owner has satisfied the conditions ofparagraph 2, Surety sha[ promptly, and at surety,s expense,take one ofthe following actions: 3.1 Arrange for contractor, with consent ofowner, to perform and complete the contract; or 3 2 Undertake to perform and complete the Conhact iiself through its agents o. tt.orjt, ina"p.na"ntcontractors; or 3.3 obtain bids or negotiated proposals fiom qualified conhactors acceptable to owner for a contractfor performance and completion ofthe Con-tuact, arrange for a contaact to be prepared for executionby Owner and contractor selccted with owner's "or",L"r"q to be secured with performance andpayment bonds executed ty a.qualified surety equivalent to the bonds issued ot t6e Contr"4 anapay to owner the amourt of damages as describid in paragraph 5 in excess "i1r. grh;" "rflr"Contract Price incurred by Owner resulting from Contractorbe'fault; or3.4 waive its right to perform and,complete,-an"nge for compretioq or obtain a new contactor, andwith reasonable promplness under the circumstaices: 1. A-fter. investigatior5 determine the amount for which it may be riabre to owner and, as soon aspracticable after the amount is determine4 tender pa).rnent iherefor to Owner; oi2. Deny liability in whole or in part and notif, Ownei citing reasons therefor. 4' If suety does not proceed T pi"yrd..d in paragraph 3 with reasonable promptness, Surery sha, bedeemed to be in default on this Bond.Is auys ano i"clipior un uaaitionut written notice fiom owner toSurety demanding that surety peforn its obligations undeithir nora, *a o*n.r shall be entifled to enforceany remedy available to owner. If Surety proceeds as provided in paragaph :.a, una owner-r"n:ies thepayment tend€red or Surety has denied liability, in whoL or in pa4 without further notice owner shall beendtled to enforce any remedy available to Ownir. 5' After owner has tenninated contractor's right to comprete the contract, and if suety erects to act underPamgraph 3.1, 3.2, or 3.3 above, then the respo=nst ities or surety to owr"r si,at noi t'e ;.;;"; fir;;;"r"of contractor under the contrac! and the responsibilities of owner to surety shall not be [..t"i trr* irror.ofowner under the contracl To the rimit of the amo*t "rtr,ir g"rd, urt,it1."ii. ""r"iimr""t .6,*0;", of the Balance of the conract price to mitigation of costs ;Jl;;g;. * a" c*t u.fi*"ty irluig"t.awithout duplication for: 2010 IsPfYC 00610 Modilied tr'roE E ICDC C-610 perfonD3D ce Botrd Page2 of3 5_1 5.2 The responsibilities of conlractor for correction ofdefec.tive work ald completion of.the contrac! Additional legal, design professional, and delay costs resulting from Conlractor's Defaull and resulting frorn thc actions ofor failure to act of Suety under paragraph 3; ancl Liquida+ed damages, or if no liquidated damages are specified i,, the Conhact, actual damages caused by delayed performance or non-performance ofContractor- 5.3 6. Suety shall not be liable to Owner or others for obligations of Contractor that are uffelated to the Contract, and the Balance of the Conhact 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 than bwner or its heirs, execntors, administators, or successoB. 7. surety hereby waives notice of any change, including changes of time, to contact or. to related subcontracts, putchase orders, and other obligations. 8..Aay proceeding, legal or equitable, under this Bond may be institutecl in any court of competentjurisdiction in the localion in which the Work or part of the Work is located, and sh;Il be instiffied;ithin two years after Contractor Default or ivithin fivo years after Contractor ceased working or within 1wo years after Suety refuses or fails to perform its obligations under this Bond, whichevei occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction ofthe suit shall be applicable. 9. Notice to Surety, Owner', or Contractor shall be mailed or delivered to the address shown on the signature page. i0. Wlen this Bond has been fumished to comply with a statutory requirement in the location rvhere fle Contract was to be performed, any provision in this Bond conflicting witlt said statutory tequirement shall be deemed deleted herefrom and provisions conforming to such itatutory requiremint shall be deemed incorporated hetein. The intent is that this Boncl shall be construed as a statutory bond and not as a common law bond. 1 1. Definitions. 1 1 ' 1 Balance of the Contract Price: The total amount payable by Orvner to Contractor under the Contract after all proper -adjustments have been made, including allowance to Contractor of any amounts received or to be receiyed by Owner in seftlement of insurance or other Claims for damages to which conhactor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract 11.2 contract rhe agreement between omer and contractor identified on the signature page, including all Contact Documents and changes thereto. 11.3 Conhactor Default: Failure of Contractor, which has neither been remedied nor waived, to perfonn or otherwise to comply with the terms ofthe Contract. 11'4 Owner Default Failure of Owner, which has neither been remedied. nor waive4 to pay Conhactor as required by the Contract or to perform and complete or otherwise comply with the other termsthereof F oR INFORMATI ON ONLY (Name Address and Telephone Boise )o reton ID mpany Surety Agency OI Broker l 2 63S Explo reT Dr Suite 2A 0 83713 208-321-9300 Omer's entative or other 20l0IsPwc005l0 Modili€d Frod HCDC C-610 pcrforEeEc. BoDd Page3 of3 GREAT AMERICAN INSURANCE COMPANY@Adminisfativeoffice:3olE4THSTREET.clNclNNATt,oHto4s2oz.5i3-369-sooo.Frysls-72g-274o The numbcr ofp€rsons authorized by this power ofattomey is not more than EIGHI No. 0 15077 KNowALLMIiNBYTHEsEPR-EsENrs: ***i,3il)tTf,lff,ilftlfiIr**.r.or.ony,acorporarionorsanizedadexisrinsunder and by virtue ofthe laws ofthe state ofohio' does hereby-nominate, constitute and appornt the person or persons named belo\ cach individually if more thanone is named, its truc and la$fiI attomcy-in_fac! for it and in its name, place arrd steui t, ^execuie_on beh;lfofthe said companx as surerl any ano alt uonas,underlakings and contracts ofsurEtyship, or other \rritten obligations irlrhc nature thercof; providea that rhe tiabilit],oitt e'sii cl.p"ny on *y ru"t una,undcrlaki.g or contracr ofsureryship c\c(uted under this authoiity shal not exceed the limir stated berow. rINA COLEMAN KIM WARD PHILIP S. WALTER ELIZABETH SCHNEIDER @ t$c 3____ Name VICKI GOECOECHEA COLLEEN THOMPSON GREG EWING MICHELLE SQUIRES Address ALL OF 80lsE, IOAHO Limit of Polycr ALL $100,000,000.00 'fhis Powcr ofAttomey revokes all previous powers issued on lN WITNESS WHERF,OFthe CREATAMERTCAN INSURA omcers and its corporate seal hereunb amxed this Attest behalf of the anomey(s)-in-fact naDed above. NCE COMPANY has caused lhese presents to be signed and atesled by its appropriate20TH day of JUNE iotz ' ' .' GREAIAMERICAN INSURANCE COMPANY ,,,-a.,0)*tC/kLc lrrt o"dlS ror n!. Pt$.lltt srATE oF oHIo, cotJNTY oF HAMILTON - ss: oAvro c. KrrcHrN (877-377-2405) On this 20TH dayof. ._ ]gNE 2917 -,. f{orc.tc pgrsona y app€ared DAVrD C. KITCHTN, ro melnown' being duly suom. deF,oses and says that h€ resrdes in cincinnari. ohto, that hc _is a Di\isional senior \4ce presidenl of rhe Bond Division of creatAmerican Insurance compan!' the comDany described in and n,hich ex"cuteo the iuor",inst urn;afG;, h; ti;;*;;; ;#thl'*io co-prny; tt ur tr,e seut :ff'r':,*"";i'ii:'jfiflff,ti..u"h "o.norat" 'eal; rhat inl'as so affxea tv,rir,o'ity orr,ii "in;;;;;;;;i,; ii;"-f;"r'ura cl',,r-, ".i ,r.,;ir," sg*Jr,i, S[tlA.lotrod ldrrPot Sadorolly6o*ft8{o6tte /^,.*a,(t"* o, **,rJrl'll'-::';tt:lH,,"f f,'rT';:#ri*oritv ol the following resolurions adopred b)' rhe Board of Direcrr.rrs,rGrEar American tnsurance company RES2LVED: 'l hal 'he Ditisional Prcsidenl. the several Divisiohal seniot yice Prcsitlents, Divisional yice presidenrs ahd Diyisonal Assistanr yicePresidents otan' oneofrhen be and hereby is authorized. /mm iii" iiii^i.i iip"i* _*" or nore Attorneys-tn-Fad toexecuk on behaffofthe compny,as surctv anvand atl bonds undertatinls and contracts ofsiretyship. or ohe, i,ii[, o isurion, t, i';;;:,;;;h;;r;i',;"piiiiiii" ,n",, nrp"rtiu" au,i", onalhe rcspective linits ofth?ir authority: ond to rcvoke any such ippo'intn"r, ot oiu'iirr"' RESoLTEDIURIHER'rht'1"--c.oy*:!-:"alondthesignaturc-of?nvo{t!:,i/or:satdolt:ersondanyseoeraryorAssittantsecretaryorhe conpany may be afued bv rdcsi'nile to atN pou)er o1 auorney or ceniicak of;ihe; ;iv"n tor the execirion o! any bind, undeiikng controct o/ stteryship,or othet written oblisotion in the naturc th,reor'.such signarurc ond siar vhei so used'betng heret, "a"p,ia iy ,iii til,iiriiiie orrynot signorure ofsuchoficer and rhe original sealofrte Contp<tnv titi"iiiriiTiliig'i)L,'ii"'iZip'*y"i,t,n"santelorceandellectairhiughnanuattyaffaed. CERTIFICATION *" *".",,,1;,.1#,i,..|"1,",11HJf;,*l;1,#rr..fi;,r?:j.Tiltffil:iljn;T?lXlllfT];r.".l:reb] leniR rhar rhe rore8oins power orArlomey and sisned and seared this 5 o^, * O 6i.3&f . ag l-7z$c C slo29at (06/1s) 3-./,{\W PublicWorks Search i! print Page I of I Comoanv License Work License l-icense Name Number CategoN lvpe Class Status Applicant Owncr Companv Cornocnv Comp3n\ Compjtlj ^, Lxpiration \ame Name Address Qa I{9_- 7;?;; II!!q ffie Parent License Number 00001 00003 (208) 888-,,ttt.ttu reo rCrtve Ybo9 2120 E 43642 713112014 https://web.dbs.idaho.gov/etrakit3/Custom,{ldaho_PublicWorksPrint.aspx 10/1812017 SAM Search Results List of records matching your search for : Search Term : anderson* wood* construction* Record Status: Active ENTITY ANDERSON & WOOD CONSTRUCTION CO., INC.Status:Active DUNS: 063309462 +4:CAGE Code: 0X1U6 DoDAAC: Expiration Date: Aug 31, 2018 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 2120 E LANARK ST City: MERIDIAN State/Province: IDAHO ZIP Code: 83642-5916 Country: UNITED STATES October 18, 2017 1:36 PM https://www.sam.gov/Page 1 of 1 Client#: 4843 ANDERSOWOOACORD,, CERTIFICATE OF LIABILITY INSURANCE COVERAGES REVISION NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS GERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALT BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT B REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS ER THE COVERAGE AFFORDED BY THE POLICIES ETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: lf the certificate holder is an ADDTTTONAL I NSUREO, the policy(ies) musl be endorsed. lf SUBROGATI slatement on this certificate ON lS WAIVED, subiect to does nol confer rights to thethe terms and conditions of the policy, certain policies may require an endorsement, A certificate holder in lieu of such endorsement (s) Moreton & Company. ldaho P.O. Box 191030 Boise, lD 83719 208 321-9300 Michelle Dee I 0 1 7 1 7 0 1 7 L mdee@ m o re to n co m AFFORDING COVERAGE tNsuRER A I Great American lnsurance Compan 22136 rNsuRER B . Great American Alliance lnsuran 26832Anderson & Wood Construction Co., lnc Attn: Fred Oliver 2'120 E Lanark Street Meridian, lD 83642 rNsuRER c. The First Liberly lnsurance Cor 33588 TYPE OF INSI]RANCE THIS IS IO CERIIFY THAT THE POLICIES OF INSURANCE LISIED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATEO. NOTW]THSTAND NG ANY REQUJREMENT, TERIU OR CONOIIIO N OF ANY CONTFiACf OR OTHER DOCUMENT WTH RESPECT TO WHICH IHISCERTIFICATE MAY BE ISSUEO OR MAY PERTAIN. THE INSURANCE AFFO RDED BY THE POLICIES DESCRIAED HEREIN IS SUBJECT TO ALL THE TERMSEXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAII\,IS x ,000S1000 s300 000xs 10,000 s1 000 000 s2 000 000 s2,000 0 A PAC785658508 PD Ded:1,000 x COMMERCIAL GEIIERAL LIABILITY GEN'L AGGREGATE LIMIT APPLIES PER: Form Atlached cG8470 5/14 x cca4721t10 f4 o""r* "ou"" fil i5"? OTHER: 5101t2017 PERSONAL SAOVINJURY PROOUCTS COMP/OPAGG 05t011201 ENCH OCCURRENCE GENERAL AGG RE GATE NTED s 1,000 000 S x x x EXCESS LlAa B B OED x cAP785658608 nerrrrror s'10000 x AUTOMOBILE LIAEILITY uM8785658708 SCHEOULED NON.OWNEO OCCUR ALL OWNED AUTOS 5t01t2017 5101t2017 BOOILY INJURY (Psr p!6on) COMBINEO05t01t201 05to' 201 EACH OCCURRENCE s'10 0qqpqo 1 0000 00 E L E}CH ACCIOENI sl 000 000 E,L OISEASE, EA EMPLOYEE s1 00 000 c WORKERS COiilPENSANON AND Ei/IPLOYERS' I]ABILITY ANY PROPRIETOR/PARTNER/EXECI]TIVF OFFICER/MEMBER EXCLUDEO?N DESCRIPTION OF OPEFiATIO 1120't7 EL OISEASE. POLICY LIMIT o5t01t20'l x s'1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS Proiect: Todd Way & Sandalwo /VEHICLES (ACORo 101, Addhton.t Romarks Schoddo, m.y b. atrach.d rmore sp.c. ts r.qutred) od Drive Street Lighting Project #6003.75.R8 CERTI TE HOLDER CANCEL N @ 1988-2014 ACORD CORPORATTON. Alt rights reserved. K SHOULO ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED AEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Meridian Attn: Purchasing 33 E Broadway Meridian, lD 83642 AUTHORIZEO REPRES€NTATIVE ACORO 25 (2014/01) 1of I #s973536/M92s385 The ACORD name and logo are registered marks of ACORD MICDE 't0t0612017 INSURED CERTIFICATE NUMBER: wc62914657050t7 tr&,thJ--p AdministrEtira (x,ices 301 E 4h Streel CiftiffElt (I.1 452@-1201 513 369 5000 pnGru;e11y;*. n I}ISUBAIICE GNOUP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTTON . - WHO tS AN |NSURED, 2. is amended to include as an insured any person or organization who you are required to add as an additional insured on this Policy under: 1. a written contract or agreement; or 2. an oral agreement or contract where a certificate of insurance showing that per- son or organization as an additional in- sured has been issued; Named lnsured Policy Number: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. cG 84 70 (Ed. 05 14) '?ul ''oc uorlcrulsuoc pooM ? uosrepuv 80s89998ZCVd but the written or oral contract or agreement must be: b. executed prior to the "bodity iniury," 'property damage," or "personal and advertising injury.' However B. The insurance provided to the Additional ln- sured person or organizalion applles only to "bodily injury," "property damage" or "personal or adverlising injury" covered under SECTION I - COVERAGE A - Bodity tnjury and prop- erty Damage and SECTION t - COVERAGE B- Personal and Advertising lnjury, but only with respect to liabitity for ,bodily injury,, "property damage" or "personal and advertis- ing injury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; and resulting direcfly from: a. your ongoing operations performed for the Additional lnsured, which is the subject of the written or oral conlract or agreemenl; or b. "your work" completed as included inthe "prod u cts-com pleted operations hazard," performed for the Additional lnsured, which is the subject of the writlen or oral contract or agreement. C. However, regardless of the provisions of paragraph A. and B. above: 1. We will not extend any insurance cov- erage to any additional insured person or organization: a. that is not provided to you in this cov- erage parl; or b. that is any broader coverage than you are required to provide to the Addi- tional lnsured person or organization in the written or oral conlract or agree- ment; and cG 84 70 (Ed. 05/14)(Page 1 of 2) AUTOMATIC ADDITIONAL INSURED . WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU a. currently in effect or becoming ef- fective during the term of this policy; and 1) the insurance afforded to such additional insured only applies to the extenl permitted by law; and 2) if coverage provided to the Ad- ditional lnsured is required by a contracl or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required bythe contract or agreement to provide for such additional in- sured. 2. With respect to the insurance afforded to these Additional lnsured, the following is added to SECTION ttt - LtMtTS OF tN - SURANCE: lf coverage provided to the Additional ln- sured is required by a contract or agree- ment, lhe most r /e will pay on behalf of the Additional lnsured is the amount of insurance: a. required by the contract or agre€ment; or b. available under the applicable Limits o f lnsurance shown in the Declarations: whichever is less. This endorsement shall not increase lhe applicable Limits of lnsurance shown in the Declarations. D. The insurance provided to the Additional In- sured person or organizalion does not apply to "bodily in.iury," "property damage," or ,,per- sonal and advertising injury" arising out of the rendering or failure to render any profes- sional architeclural, engineering or surveying services, including: 1. the preparing, approvlng or failing to pre- pare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders oa drawings or specifica- tions; and 2. supervisory, inspection, architectural or engineering services. E. The Additional lnsured must see to it that 1. we are notilied as soon as practicable of an "occurrence'or offense that may resull in a claimi 2. we receive written notice of a claim or "suil" as soon as practicable; and 3. a request for defense and indemnity of lhe claim or'suit" will promp y be brought against any policy issued by another in- surer und6r which the Additional lnsured may be an insured in any capacily. Thisprovision does not apply to insurance on which the Additional lnsured is a named insured, if the written or oral contracl or agreemenl requires that this coverage be primary and non-co ntribu tory. F. For the coverage provided by this endorse- ment: 1. The following paragraph is added to para- graph 4.a. of the Other lnsurance Con- dition of SECTION lV - COMMERCTAL GENERAL LIABILITY CONDTTTONS: This insurance is primary insurance as respects our coverage to the Addilional Insured person or organization, where the wrilten contract or agreement requires that this insurance be primary and non-contribu- tory. ln that event, we will not seek con- tribution from any other insuranc€ policy available to the Additional lnsured on which lhe Additional lnsured person or organization is a named insured. 2. The following paragraph is added to para- graph 4,b. of the Other lnsurance Con- dition of SECTTON tV - COTiMERCIAL GENERAL LIABILITY CON DITIONS: This insurance is excess over Any of the other insurance, whether pri- mary, excess! contingent or on any other basis, available to an additional insured, in which the Additional lnsured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence," claim or "suit.,, This provision does not apply to any policy in which the Additional lnsured is a named insured on such other policy and where our policy is required by written conlract or agreement, executed prior to the date of loss, spe- citically requires that this insurance pro- vide coverage to the Additional lnsured on a ptima(y or non -conlribu tory basis. G. This endorsement does not apply to an addi- tional insured which has been added to this Policy by an endorsemenl showing the Addi_ tional lnsured in a Schedule of additional in- sureds, and which endorsement applies spe- cifically to that identified additional insured. This endorsement does not change any other provision of the policy cG 84 70 (Ed. 05/14)(Page 2 ol 2) 0488868 ORIG GREAT AIVIERICAN INS CO OF IMAGE COPY NY 301E4thSlreel Ominrulr 0ll 15202 4201 513 369 5000 phGnE AT4,r r-nnrc,r,v [{slJRAN6C 6n0uP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modilies insurance provided under lhe followtng: COMI\,,lERC IAL GENERAL LtABtLtTY COVERAGE PART PRODUCTS/COi,4PLETED OPERATIONS LIABILITY COVERAGE PART cG 84 72 (Ed. 01 10) The following is added to Section lV . Conditions: paragraph 8. Transfer of Rights of Recovery Against Olhers to Us of lf lhe lnsured waives any right of recovery againsl any person or organizalion for all or parl of anypayment, including supplementary payments, we make under this policy, we also wajve that righi,provided lhe lnsured waives such right of recovery against such person or organization in a wrlllencontracl or wrilten permil execuled before the ''occurrence," ''bodily injury,,,,,propLrty damage,', offense,or "personal and adverlising injury" lhat took place. This endorsement does not change any other provision of the policy. cG 84 72 (Ed. 01/ 10 ) xS F 8972D \3/2t11) E IDIAN !DAHO BID NAME: Todd W &Sandalwood Dr Street L htin 2:30DATEUDE&IT EM AU UG Ts 13 02 7,| NUMBER: PW-1737-6003.75.R8BID VENDOR !oo dt E Anorzcotl D.rtD-/11, ocs aIIIIIIIIIIIIIIIIIIIIIIIrr III III II r IIIIIII-IIIIII oeeneaavlfuA/-t*- r(r-, Attest: /z%- 't IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity I New Search ] [ Back to Summarv ] a ce rtificate of exi Page 1of 2 Lawerence Denney, Secretary of State STRUCTION CO IN View Imaoe (PDF format) View Imaoe TIFF format) View Imaqe (PDF f rmat) View Imaqe (TIFF format t n r I Monitor ANDERSON & WOOD CONSTRUCTION CO,. ]NC. business filinos l ANDERSON & WOOD CONSTRUCTTON CO., INC. 2120 LANARK ST MER]DIAN, ID 83642 Type of Business: CORPORATION, cENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 15 Apr 2005 Origination/Authorization: Current Registered Agent: FRED S OLIVER 2120 E LANARK ST MERIDIAN, ID A3642 Organizational ID / Filing C150015 N u mber: Number of Authorized Stock 2000000 Shares: Date of Last Annual Report: 22 Feb 2Ol7 Annual Report Due: Apr 2018 Original Filing: I Help Me Print/View TIFF ] Filed 15 Apr 2OO5 INCORPORATION View Imaoe (PDF format) View Imaqe (TIFF format) Amendments: I Help 14e Print/View T]FF l INC. Amendment Filed 03 Feb STOCK 2016 CHANGE rmat View Imaoe (TIFF format) PDF at Viewae Imao e (TIFF fo rmat) ) iew Im Amendment Filed 21 Apr ARTICLES 2017 RESTATEMENT Annual Reports: Rcport for Year 2OL7 ANNUAL REPoRT I https ://www. accessidaho.org/public/sos/corp/C 1 600 1 5.html m 10/1312017 Amendment Fited 05 May NAME CHANGED TO 2OO5 ANDERSON & WOOD CONSTRUCTION CO. 1, INC. Amendment Filed 26 May NAME CHANGED TO 2OO5 ANDERSON & WOOD CONSTRUCTION CO.. I Help Me Print/View TIFF ] View Document Online IDSOS Viewing Business Entity Report Report Report Report Report Report Report Report Report Report Report Report Report Report Report Report Page 2 of 2 for year 2016 for year 2015 for year 2014 for year 2013 for year 2012 lor year 2Ol2 for year 2012 for year 20 11 for year 2010 for year 2OO9 ANNUAL AN NUAL ANNUAL ANNUAL ANNUAL CH NG OFF/DIR CH NG OFF/DIR ANNUAL REPORT CHNG RA/RO CHNG RA/RO CHNG RA/RO AN NUAL REPO RT ANNUAL REPO RT ANNUAL REPORT REPORT REPORT REPORT REPORT REPORT View Docu ment Online View Document Online View Document Online View Document Online View Docum ent Online View Imaqe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe TIFF format ANNUAL REPORT ANNUAL REPORT View Document Online View Document Online View imaoe (PDF format) View Image (TIFF format) View Imaoe (PDF format) View Imaoe (TIFF format) View imaoe (PDF format) View Imaoe (TIFF format) View Imaqe (PDF format) View Imaoe (TIFF format) View imaqe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe TIFF format for year for year for year for year for year for year 2009 2009 2009 2008 2f)f)7 2006 Idaho Secretary of State's Main Paqe State of Idaho Home Paqe Comments, questions or suggestions can be emailed to: sosinfo@sos. ida ho. oov https ://www.accessidaho.org/public/sos/corp/C 1 600 1 5.html 10113/2017