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Black Cat Sewer Trunk Phase 5 Project 10614.F Public Works ContructionCONTRACT FOR PUBLIC WORKS CONSTRUCTION BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCITON PROJECT# 10614.F THIS CONTRACT FOR PUBLIG WORKS CONSTRUCTION is made this 28th day of November 2017, and entered into by and between the City of Meridian, a municipal corporalion organized under the laws of the State of ldaho, hereinafter referred lo as "CITY', 33 East Broadway Avenue, Meridian, ldaho 83642,and Knife River Corporation - Northwest , hereinafter referred to as "CONTRACTOR", whose business address is 5450 W. Gowen Road, Boise, lD 837090 and whose Public Works Contraclor License # is PWC-C-15564. INTRODUCTION Whereas, the City has a need for services involving Sewer Trunk Line Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: '1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and writlen work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. lf any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royaltyJree, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. '1 .3 The Contractor shall provide services and work under this Agreement consistenl with the requirements and standards established by applicable federal, BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCTION page 1 of 15 Project 10614.F 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 Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof lor the Not-To-Exceed amount of $3,394.460.95. 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 receipl of a correct invoice and approval bytheCity. TheCitywill notwithhold any Federal or State income laxes or Social Security Tax from any payment made by City to Conlractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Conlraclor. 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. BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION Project'10614.F page 2 of 15 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 f rom the date payment is due. 4. Liquidated Damages: Watkins Drain Crossing - shall be construcled no later than March 30, 2018. Contractor shall be liable to the City for any delay beyond this date in the amount of $500.00 (five hundred dollars) percalendarday. Such paymentshall 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. Far Lateral Crossing - shall be conslructed no later than March 30, 2018. Contractor shall be liable to the City for any delay beyond this date 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. Substantial Completion shall be accomplished within 150 (one hundred fifty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit ot 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 180 (one hundred eighty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of 9500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsities any record or document required to be prepared under this agreement, engages in BLACK CAT SEWER TBUNK PHASE 5 _ MAINLINE CONSTRUCTION Project'10614.F page 3 of '15 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 lermination 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 ol the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, 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 exacl amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall nol relieve CONTRACTOR of its liability to the CITY for damages. 6. lndependentContractor: 6. 1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent 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 ol 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 alltimes during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, delails and means of performing the work and servrces 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 f ulfillment of this Agreement. lf in the performance of this Agreemenl any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCTION Project 106'14.F page 4 of '15 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per Slate of ldaho Slalute # 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, ref uses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contracl. 9. Indemnification 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 attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servanls, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employ ees. CONTRACTOR shall maintain, and specificallv aqrees that it will maintain. throuoho the term of this Aoreement. liabilitv insurance. in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liabilit y 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 iudgments 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 lhe 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. BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION Project 106'14.F page 5 of 15 9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, seltinsured 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 eliminale 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 or the City's elected off icers, off icials, employees and volunteers shall be excess of the Contractor's insurance and shall not conlribute 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. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is ol 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 detaull under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works lmprovemenl 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. BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION Project 10614.F page 6 of 15 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years f rom the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specilications & Drawings to the ISPWC and any modif ications, 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 ol City's acceptance of the corrected work. 13. 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. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates lor items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. 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 Cily of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: h :/iwww. meridiancit o envrronmen x?i I 18. 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 acceplance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to f inal acceptance of the prolect. BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION Proiect 10614.F page 7 of 15 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 aulhorized to oblain 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 ol this Agreement. 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such stalements, 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 letlers, 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. 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 dala relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 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 3.1 , U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employmenl because of race, color, religion, sei, national origin, age, political affiliation, marital status, or handicap. Contractor will take BLACK CAT SEWER TBUNK PHASE 5 _ MAINLINE CONSTRUCTION Project 106'14.F page 8 of 15 16. ACHD: 17. Reports and lnformation: affirmative action during employment or training to insure that employees are treated wilhout regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlav,rfully 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. 21. Employment of Bona Fide ldaho Residents: Contractor must comply with ldaho State Statute 44-1OO2 which states that the Contractor employ ninetyJive percent (95%) bona f ide ldaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice f rom its attorney's or the opportunity to seek such advice. 23. 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. 24. ConstructionandSeverability: ll 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 subsequent default. Waiver or breach of any provision ot this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall nol be construed to be a modification of the terms of this Agreement unless this Agreement is modif ied as provided above. 26. Entire Agreement: This Agreement conlains the entire agreement of the parties and supersedes any and allother agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTBUCTION Project '10614.F page I of 15 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 thal 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 unlil 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 paymenl will not be made il cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 31. 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. 32. Applicable Law: This Agreement shall be governed by and conslrued and enforced in accordance with the laws of the State of ldaho, 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 otheMise 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: BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCTION Project'10614.F page '10 of 15 CITY CONTRACTOR City of Meridian Knife River Corporation - Northwest Purchasing Manager Attn: Jessee Rosin 33 E Broadway Ave 5450 W. Gowen Rd. Meridian, ID 83642 Boise, ID 83709 208-489-0417 Phone: 208-362-6152 Email: krsi.estimatingC@kniferiver.com Idaho Public Works License # PWC -C-15564 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN KNIFE RIVER CORPORATION BY`. BY: TAMMY de E RD, MAYOR Print NaesseeRosin-AthonzedAgent / G Dated: l // b I ?01-7 Dated: (11X0 A -I Approved by Council: // Attest: C.J. Cdt6s, Clf,4 CLERK Purchasing Approval BY"— o IVF ?'.zo& "V U,e �G u¢ Dated:: l l 2 t, 1-4 Project Manager Brent Blake O�QO�ptED AUG�Sl, l7 _� �.W (uru( ..IDIANt-- IDAHO SEAL DeparyhVnt App BY.MV ��/W STEW /RT, Citty Engineer Dated:: // / �,,t / t I BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCTION page 11 of 15 Project 10614.E EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BlD PW.l760.10614.F ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # PW-l760-10614F, are by this relerence 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: SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by JUB Engineers dated September 2017 lssz ot pasesl BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION Project 10614.F a page 12 of '15 o Black Cat Sewer Trunk Phase5 plans by JUB Engineers dated 9-13-2017 1+o ot pagesl A Exhibit B MILESTONE / PAYMENT SCHEDULE Total and complete compensation for this Agreement shall not exceed $3,394,460.95. MILESTONE DATES/SCHEDULE Milestone 1 Watkins Drain Crossing March 30,2018 lv'lilestone 2 Far Lateral Crossing March 30, 2018 Milestone 3 Substantial Completion '150 Days f rom Notice to Proceed Milestone 4 Final Completion 180 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the project listed above per IFB PW-1760-10614.F NOT TO EXCEED CONTRACT TOTAL $339!1J160-95 Conlract is a nol to exceed amount, Line item pricing below wlll be used lor invoice veritication and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities ol each item ol work in accordance with the contract documents. Contract Pricing Schedule Item No.Description Quantity Unit Unit Price 304.4.1.A.1 Trench Foundation Stabilization Material 400 TN s.01 306.4.1. D.1 lmported Trench Backfill 3,600 TN S.o1 306.4.1.H.1 Lean Concrete Backfill ( Depth below road base to 3')LF s 128.2s 306.4.1.H.1 Lean Concrete Backfill ( Depth below road base to 5')369 LF s213.7s 307.4.1.A.5 Miscellaneous Surface Repair (Pasture/Field)12,038 SY S3.40 307.4.t.A.1 Miscellaneous Surface Repair (Natural Ground)311 LF S3.oo 307.4.1.A.9 Miscellaneous Surface Repair (Asphalt Driveway Repair)103 SY s47.oo 307 .4.L.O.1 Type "C-l" Surface Restoration (lTD Gravel Shoulder)904 LF s32.oo 307,4.1.D.3 Type "C-2" Surface Restoration 7,979 LF s30.00 307.4. L.D.5 Type "C-3" Surface Restoration 7,3L2 LF 53s.oo 307 .4.L.F.t Type "P-1" Surface Restoration (lTD Paved Shoulder)559 LF S64.oo 307 .4.L.F.9 Type "P-2" Surface Restoration 279 SY S38.oo BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION Projecl '10614.F page 13 of 15 190 307.4.7.J.1 Gravel Access Road - Type 1 3,233 LF s21.oo 308.4.1.A.1 Steel Casing Pipe Boring and Jacking - 36-inch (5TA 26+50 to STA 36+05)955 LF s1,37s.00 308.4.1.8.1 Steel Casing Pipe Boring and Jacking - 36-inch (Williams HP Gas Crossing)1,LS s84,000.00 308.4.1.8.1 Steel Casing Pipe Boring and lacking - 24-inch (Meridian Road crossing)1 LS s10s,000.00 308.4.1.C.1 Steel Casing Sleeve - 36-inch (Watkins Drain) Open Trench 54 LF ss00.00 308.4.1.D.1 Sewer Carrier Pipe lnstallation (24-inch Carlson Lateral Crossing)LF s20.00 501.4.1.A.1 Gravity Sewer Pipe - 24" PVC(carrier pipe)L27L S3o.oo 501.4.1.A.1 Gravity Sewer Pipe - 12" Pvc(carrier pipe)LF s9.oo 501.4.1. B.1 Gravity Sewer Pipe - 21" PVC (includes excavation, bedding, backfill, 21-inch water tight plug, etc.)LF s207.00 501.4.1.8.1 Gravity Sewer Pipe - 24" PVC (includes excavation, bedding, backfill, etc.)5,822 LF S143.oo 501.4.1.8. L Gravity Sewer Pipe - 12" PVC {includes excavation, bedding, backfill, etc.)1,,45t LF s43.00 502.4.1.F. t Connect to Existing Manhole 1 EA s3,100.00 502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A 5 EA s4,000.00 502.4.1.A.1 Sanitary Sewer Manhole - 60" Type A 25 EA s8,000.00 502.4.r.C.3 Sanitary Sewer Manhole - 60" Lining 78 s31s.00 502.4.1.C.3 Sanitary Sewer Manhole - 48" Lining 26 s28s.00 504.4.1.A.1 Sewer Service Line - 4"40 LF S9.oo 504.4.1. D.1 Sewer Service Connection to Main - 4"2 EA s8s0.00 601.4.1.A.13 36" Gravity lrrigation Culvert, CL-lV 48 LF s110.00 601.4.1.A.13 24" Gravity Irrigation Culvert, L4 GA.20 LF 5s 2.oo 602.4.1.O.1 Earthern lrrigation Waste Ditch 1,575 LF s2.00 Fiber Rolls 8,744 LF s2.oo 100 6.4. 1 . C. 1 lnlet Protection 2 EA sso.oo 1103.4.1.A.1 Construction Traffic Control 1,LS s12,000.00 2010.4.1.A.1 Mobilization (5% Max.)1 LS s160,000.00 2020.4.7.F.7 Reference and Reset Monuments 1 EA SSoo.oo 2040.4.1. B.1 Gate Type 2 (20')EA s1,250.00 5P- 2742.4.7.4.L Remove Misc. ltem - Tr€es 23 EA 57s0.00 sP- 2L42.4.7.8.t Remove and Reset Misc. ltem - Fence Type 38 585 LF s 12.00 sP- 2t42.4.7.8.L Remove and Reset Misc. ltem - 12" CMP Culvert 40 s2s.s0 SP- 2t42.4.1,.8.L Remove and Reset Misc. ltem - Li ght 1 EA s3,s00.00 sP- 21,42.4.7.8.L Remove and Reset Misc. ltem - Signs 1 EA s800.00 sP-Remove and Reset - Chain Link Gate 1 EA s472.s0 BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION Project 10614.F page 14 of 15 136 LF 200 15 1003.4.1.A.1 EA 2142.4.7.8.1 sP- 2142.4.t.8.1 Remove and Reset - Chain Link Fence 42 LF s37.00 5P- 2742.4.1,.8.7 Remove and Reset - Parking Stall Wheel Stop and Marker 64 EA 540.oo sP- 2142.4.1,.C.t Remove and Replace Misc. ltem - Fence Type 1B (Modified)).,354 S11.oo sP- 2t42.4.L.C.L Remove and Replace Misc. ltem - Fence Type 3-B LF s12.00 sP- 2142.4.L.C.L Remove and Replace Misc. ltem - 36" Culvert (RCP, CL-rV)48 LF 5so.oo sP- 2745.4.t.4.7 Amity Waterline Crossing 1,LS sP- 22L6.4.1,.A.1 Storm Water Management ),LS s4,000.00 sP- 2220.4.7.4.7 Stream Crossing (Watkins Drain)1,LS 51,200.00 sP- 2222.4.t.4.t IPCO Power Pole Support 4 EA s1,000.00 BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTBUCTION Project 10614.F page 15 of 1 5 LF 530 51,000.00 tt wn:m.i Document A31 zr,I- - 2o1o Bond No. 190038945i 106788389 This document has important legal consequences. consultation with an attorney is encouraged with respect to its completion or modificallon. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Pertormance Bond CONTRACTOR: Name, legal slatus and addless) Knife River Corporation - Northwest 5450 W. Gowen Road Boise, lD 83709 OWNER: (Ndme, leEdl slatus and address) Signature Name and Title: Conforms with The American lnstilute of Architects AIA Document 312 SURETY: (Nama legal status and principal place o/ business) Litrerty Mutual lnsurance Company 175 Berkeley Street, Boston, MA 02116 AND Travelers Casualty and Surety Company of America One Tower Square - 2SHS, Hartford, CT 06183 Mailing Address for Notices Liberty Mutual lnsurance Company Attendon: Surety Claims Department 1001 4th Avenu€, Suite 1700 Seattle, WA 98154City of Meridian 33 East Broadway Avenue Meridian, lD 83642 CONSTRUCTION CONTRACT Date: November 28, 2017 Arnount: $3,394,460.95 Description: (Natue dnd location) Black Cat Trunk Sewer Phase 5 - irainline Construction, Project #10614.F BOND oate: November 28. 2017 Section 16 (Corporate Seal) Mutual lnsurance Company Si Name ea r R. Goedtei Jesee Rmin.Autitodzed Agent and Title: Attorney-in-Fact (Aiy ddditional sighdtura appear on the last page of this Pe.formance Bond.) (FOR INFORMATION ONLY - Nane, address ond telephone) AGENToTBROKER: OWNER'S REPRESENTATIVE: Willis of Minnesota, lnc. (Architecl, Engineet ot other party:) '1600 Utica Avenue South, Suite 600 Minneapolis, MN 55416 763 302-7219 s-185ZAS 8/10 f( 1912 Arnouat $ 3,394,460.95 Modifications to this Bondl Company: Knife River Corporation - S 1 The Conkactor 8td Surcty, jointly and severally, bind themselves, their heirs, executors, adminisb:atoN, suc.essoE arrd assigns to the Owner for the performaacc oftbe Constuctiotr Contact, which is incorporated herein by refcrence. S 2 Ifthe Contraclor pErforms the CoDstructiol Contract, the Suety and thc Cont actor shall havc no obligation utrder this Bod, except whefl applicable to participate in a conference as provided in Section 3. $ 3 If there is no Owner Default ulder the Construction Contract, the Surcty's obligation ude. this Botrd shall adse .fter .l the O$mer first provides notice to the Cotrtractor and tle Sutety tlat the Owner is considering declaring a Contractor Default Such notice shall itrdicate whettrer the Owner is requesting s conference among the Owne!, Contracto. and Surety to discuss the Cootracto/s p€rfonunce. If the Owner does not request a confercnce, the Surety may, u,ithin live (, business days after receipt of the Ovmels notice, request such a confeEnce, If the Suety timely requests a conference, the Owner shall attend- Unless the Owner agrces others.ise, any conference r€quested u[der ttris Section 3.1 shall be held within ten (10) business days ofthe Surety's receipt of the Ounels notice. If the Owner, the Contracto. aEd the Surety agree, the Contiaclor shall be allowed a reasouable time to perform th€ CoosEuction Con[act bul such sll agre€mert shall not waive the Ownels right, ifeny, subsequently to declarc a Contractor Default;.2 the Owner declares a Cotrtractor Default, termtlates the Constluction Contract and notifies the Suret$ aod .3 the Owner brs agreed to pay the Balance of the Contract Pdce in accordance with the teros ofthe ConslructioD CoDtract to the Surety o! to a contBctor selected to perform the Cotrstructioo Contracl $ 5 When tie Owner has satisfied th€ conditions ofsection 3, the Surely shall promptly and at the Suety's expense tate one ofthe following actions: $ 5.1 Arrange for the ConFactor, with the coDselt ofthc O],'ner, to perform and complete the Construction Contract; S 5.2 Undertake to perfom aod complete the Construction Contract itself, through its agents or indep€ndeot contractors; $ 5.3 Obtaio bi& or negotiated proposals flom qualified contractoE acceptable to the OwDer for a coDEact for performance aod completion of the Constsuction Contract, an:rnge for a contract to be prepared for execution by the Oivner and a contractor selected with the Ownels concurence, to be secured with performance and payment bonds executed by a qualified su€ty equivalent to the bonds issued on the Constsuction Cont act, and pay to the Owoer the amount ofdamages as described ir! Section ? in excess oflhe Balance ofthe Contract Price hcuned by the Owner as a result of the Corlractor Defaulq or S 5,4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with irsonable prompbess under the circumstancesi .1 ,2 After investigation, determine the amount for which it may be liable t6 the Owner and as s6on as practicable after the amourt is determined, make payment to the Own€r; or Deny liability in wlole or h part ard notiry fie Owner, citing fte reasons for denial. S 6 Ifthe Sureqydoes rrot ploceed as provided in Sectio[ 5 v.iti reasonable promptness, the Surety shall be deemed to b€ in default on this Bond seven days after receipt ofan arjditional written notice from the Owner to the Suety demanding that the Surety peform its obligations under this Bond, andt'he Owner shatl ire gnliticd to enforce any rcmedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner rcfirses the paymetrt 6r the Surety has denied liability, in whole or in part, witlout further notice the Ovner shall be entitled to enforce any remedy ayirilable to the Oxrer. s-'1B5ZAS 8/'10 S 4 Failure on the part of the Oliner to comply with thc notice requirement in Sectiol 3.1 shall not constitule a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prcjudice. S 7 lfthc Surety elects to act uoder Section 5.1, 5.2 or 5.3, thetr thc responsibilities of the Suety to the O$aler shall trot be greater than thos€ ofthe Confractor under the Constmctioo Contract, and ihe responsibilities of the Owner to the Suety shall not be greater tian those of the Owner under the Constmction Cont act. Subject to the comltrimlert by thc Owno! to pay the Balance of the CotrFact Price, the Surety is obligate4 without duplicatioo, for ,1 the respoosibilities of the Contractor for conection ofdefective work and completioo ofthe Cotrstsuction CoDkact; .2 additional legal, design prcfessional alld delay costs resulting from the Contractofs Default, and resulting from lhe actions or failurc to act ofthe Surety under Section 5; and .3 liquidated damages, or ifno liquidated damages are specified in the Construction Cotrtract, actual damages caused by delay€d performance or non-performance of the Contractor. $ 8 Ifthe Surety elects to act uoder Section 5.1, 5.3 or 5.4, the Sureqy's liability is limited to the amount ofthis Bond. $ 9 Thc Surety shall not be tiable to thc Owucr o! othe.s for obligatioDs of th. Contractor that ale unrelated lo thc Constructioo Co[tract, atd thc Balance of the Contract Price shall not b€ reduced or set offolr account ofany such uflrelated obligatiotrs. No right ofaction shall accme otr this Bond to any pelson or e ity other than the Owner or its heirs, executors, administmtors, successors and assigns. $ 10 The Surety heteby waives notice ofany change, including changes of time, to the Constructior Contract or to related subcontracts, purchase orders and other obligatiotrs. $ 'l I Aoy proceeding, legal or equitable, urder this Bood may be irstituted in any court of competentjurisdictioD in the location ia which the work or part of the work is located arld shall be iDstituted witbil two yeats after a declaration of Co[tractor Default or within two years afle! the Contractor ceas€d working or within two yea$ after the Surety reflrses or fails to perform its obligations under this Bond, *hichever occuts fiIsL If the provisions ofthis Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be appliczble. $ 12 Notice to lhe Surety, the Owner or the Contractor shall be mailed o. delivered to the address shown on tie page on which their signature appears. 5 13 When this Bond has been fumished to comply with a statutory or other legal requirement itr the location where the constuction was to be performed, atry provision in this Bond conflicting with said statutory or legal requircmctrt shall bc deemcd dcletcd hcrcfrom and provisions conforming to such statutory or other legal requiremebt shall be deemed incorporaled herein. When so flmished, tle intent is that this Bond shall be coNtrued as a stafutory bond and not as a com-rnon law bood. S '14 Definitions 5 14.1 Balance of the Contract Price. The total amouot payable by the Owner to lhe Coltt"actor uoder the Construction Contract afler all proper adjustrnents have been made, itrcluding allowance to the CotrFacto! of aDy amounts received or to be Eceived by the Owner itr settlement of inzurance or other claims for damages to which the Con8actor is etrtitled, rcduced by sll yalid and proper psymelts made to or otl behalf of the Contractor under the ConsEuction Contract. S 14.2 Construction Contract The agreement between the Owner and Contracdr identified on fie cover page, including atl Contract Documents and chatrBes made to the agreement and the Co[hact Documents. S 14.3 Contractor Defaull. Failure ofthe Contractor, which has not been rcmeded or waived, to perform or otherwise to comply with a material term of tho ConstructioD Contract. $ 14.4 Owner Default. Failure of the Omer, which has rlot been remedied or waived, to pay the Coftracto. as required under the Construction Contract or to perform a4d completc or comply with the other material terms ofthc Constructio[ Contract S 14.5 Contract Documents. All the documents that comprise the agreement between the Owner aDd Contractor S 15 If this Bond is issued for an agreement between a ConEactor and subcontractor, the term Co[tsactor in this Bond shall be deemed to be Subcont actor and the term Ovner shall be dceoed to b€ CoEtraclor. s-185ZAS 8/10 S 16 Modifications to this bond are as follows: (Space is proided belowlor CONTRACTOR AS PRINCIP Company: Signature: other lhan those dppeafing on the cover page,) Name and R, AddrESs 1600 Utica Avenue South, Suite 600 Minneapolis, MN 5 '16 SURETY Compatry: (Corporate Seol) Travelers Casualty and Surety Company of America Name and Title: Ad&ess act Jesse+ HosinAuihorizeC t;, : KNIFE RIVER 5450 W GOWEN RD BOISE, rD 83709 208-362-6152 s-185ZAS 8/10 =d Libcrty &lutu;il Payment Bond CONTRACTOR: (Name, legal status and address) Knife River Corporation - Northwest 5450 W. Gowen Road Boise, lD 83709 OWNER: (Name, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, lD 83642 Amount $ 3,394,460.95 Modifications to this Bond: CONTRACTOR AS PRINC Company: Knife River Corporation - Signatue: Name and Title: Document A312rM - 2010 Bond No. 190038945/106788389 This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completjon or modmcation. Any singular reference to Contractor, Surety, Owner or olher party shall be considered plural where applicable. Conforms with The American lnstitute of Architects AIA Document 312 SURETY: (Name, Iegal status and principal place ol business) Liberty Mutual lnsurance Company '175 Eerkeley Street, Boston, ldA 02116 AND Travelers Casualty and Surety Company ofAmerica Ore Tower Souare- 2SHS Hart'ord. CT 06'183Mailing Address for Nolices Liberty Mutual lnsurance Company Attention: Surety Claims D€partrnent 1001 4th Avenus, Suite 1700 Seattle, WA 98154 CONSTRUCTION CONTRACT Date: November 28, 2017 Amounr $3,394,460.95 Descdptioo: (Name and locatioi) Black Cat Trunk Sewer Phase 5 - Mainline Construction, Project #10614.F 9.9 0R4 Section 18o KNIFE RIVEB 5a50 w oowEN Ro TAry oaatiorot rignotffiffifiWl,u prg" o7 tai" Payneat Bond.) (FOR INFOM,ATION OMY - Name, address and telephone) AGENT or BROKER: Willis of lilinnesota, lnc. 1600 Utica Avenue South, Suite 600 Minneapolis, MN 55416 763 302-7219 s-2149/AS U10 e4L (Corporate Seal) Mutual lnsurance Company TCON * Signature Name ea er R. Goedtel Rosin-Autfrodzed Agent and Title: Attorney-in-Fact OWNER'S REPRESENTATIVE: (lrchitect, Engineer or olher party:) A 912 w BOND Dare: November 28, 2017 (Not earlier than Construclion Controc, Dale) S 1 The Contractor aod Surcty, jointly aDd severally, bind themselves, tleir heirs, executors, administrators, successors aDd assigns to the Owner to pay for labor, materials aDd equipment fumished for use in the performance of the Construction Contr:ac! which is iocorporated herein by reference, subject to the following terms. S 2 If lhe Contractor promptly makes payment ofall surlrs due to Claimants, and defends, indemnifies and holds hamless the Owll€r flom claims, demands, lieus or suits by any person or entity seeking paymeEt for labor, materials or equipment fumished for use in the performance ofthe Coostruction Contract, then the Surety and the CootEctor shall have rc obligatioo under this Bond. S 3 lftheE is no Owner Default under the Constructio[ Cootract, the Surety's obligation to the Ovmer under this Bond shall arise after the Owner has p.omptly notfied the Cootractor and tie SuEty (at the address described io Section 13) ofclaims, demands, lieDs or suits agaiDst the O\rmer or the O\4!eis property by aIly pe.son or entity seeking payment for labo!, materials or equipment fumished for use iD Ole performance ofthe Construction Contract and tendered defense of such claims, demaods, liens or suits to the Contractor and the Surery. S 4 When the Owner has satisfled the conditioDs in Sectio[ 3, the Surety shall promptly and at the Suretys expeNe defend, iodemnify and hold hamless the Owner against I duly tetrdered claim, deErand, lieD or suil $ 5 The Suret/s obliptions to a Claimant under this Bond shall arise after the following: $ 5.1 Claimants, who do Dot have a ditect cotltract u,ith the Contractor, .1 have fumished a written notice ofnon-payment to the Contractor, stating with subslantial accumcy lhe amount clairned and the mmc of thc party to whom the materials were, o. equipmcnt was, fumished or supplicd or for whoE the labor was doDe or perforrued, within ninety (90) days after having last perfonned labor or last furnisbed materials or equipment included in the Clairtr; and.2 have serf a Claim to the Surety (at the address described in Section l3). $ 5.2 Claimants, who are employed by or have a direct contBct *ith the Contactor, have sent a Claim to thc Surety (at the address desclibed in S€ction l3). S6Ifanoticeofoon-p8)mentrequilEdbySertion5.1.1isgivcnbytheO\rrlertotheCotrFactor,thatissufiicienttosatisryaChima'sobligation to fimish a rlritten notice ofnon-payment tmder Section 5.1.1, $ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Suety's expense take the followiog actioos: $ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt ofthe ClaiE, stating the amoutrts that are undisputed and lhe basis for challengiog any amounts tbat arc disputed; and $ 7.2 Pay or arrange for paymelt of any undisputed amounts. $ 7.3 The Surery's failure to discharge its obligations under Section 7.1 or Section 7.i shall not bc decmed toionstitutc a vaiver of defcnscs the Surety or Contrdctor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreemenl If, however, the Suretf fails to discharge its obligations under Section 7- I or Section 7.2, tbe Sur€ty shall indeFniry the Claimant for the reasonable attomey's fees the Claim4r[ incurs thereafler to recover any sums foufld to be due and owing to the Claimant. S 8 :Ihesurety's total obiigatigo shall not exceed the aflount ofthis Bond, plus the amount ofEasonable attorney's fees provided under Sectioa 7.3, aniLtlre:amount ofthis Boxd Sall be credited for any payments made in good faith by the Suety. S I Amounts owed by llle Ola,rer to the Contractor ulder the Construction Contract shall be used for the performance of the Constn-rction Contract aod to sadsry claifits, ifany, under any construction performaoce bond. By the ConEactor furnishhg and the Owaer accepting this Botrd, they agee that atl futrils ralned by the Contractor in the performance of the Coostruction Cotrtract ar€ dedicated to satisry obligations of the Contractor atrd Surety utrde! this Bon4 subject to the OwDels priority to use the funds for the comPletioD of the work. s-2149/AS 8/10 S l0 The Surety shall not b€ liable to the Owner, Claimants or others for obligations ofthe contractor that are unrelated to lhe cons[uction Contiacl The Owner shall not be liable for the paymeot of any costs or expsnses ofany Claimant under this Bond, ald shall have ulder this Bond no obligation to make pallllents to, or give loticc on bchalf of, Claimants o. otherwise have any obligarions to Claimants under this Bond. $ 1l The Surety hereby waives notice ofany changg includiqg cha[ges of time, to the consruction Contract or to related subcont-acts, purchase orders and other obligatiors, S 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of compete[t jurisdiction in the state in which the project that is the subject of the Co6tructioo Contract is located o! after the expiration of one yeat from the date ( I ) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which tie last labor or sereice was performcd by anyonc or the last mate als or equipment we.e fumished by anyone uflder the Constluction Contiac! whichever of(l) or (2) fiIst occuis. If the provisioDs ofthis ParagEph are void o. prohibited by law, the minimum period of limitatioo available to sureties as a defense in the jurisdiction ofthe suit shall be applicable. 5 13 Notice and Claims to the Suety, tie Owner or the Cotrtractor shall be mailed or deliveled lo the address shown on the page on which their signahrre appears. Actual rcceipt of notice or Claims, however accomplished, shalt be sulficieot compliance as ofthe datc received. $ '14 When this Bond has been fumished to comply with a statutory or other legal requireme[t in the location where tle construction was to be pcrformcd, aoy provision in this Bond conflicting with said statutory or lcgal rcquirement shall be deemed delctcd hcrctom aad provisions co[foming to such statutory or other legal requirement shall be deemed itrcorporaled hereio. When so fumished, the intent is that ihis Bond shall be cooshued as a statutory bond and oot as a common law bond- S 1 5 Upoo request by aoy person or entity appearing to be a pote[tial beneficiary of this Bon4 the CotrFactor atrd Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. S '16 Definitions S 15.1 Clalm. A written statement by the Claimant including .t a minimum: .1 the name of thc Claima*; .2 lhe namc ofthe person for whom the labor was done, or matdials or equipment fumished; .3 a copy ofthe agreement or purchase order pursuatrt to wh.ich labor, materials o! equipmeot was fumished for use in the performaace of the Constuctiol Contr.ct; .4 a briefdescription ofthe labor, materials or equigncrt fimrished; '5 fie date on which the Claimant last performed labor or last flrmished materials or equipmcnt for usc in the performaoce ofthc CoDstruction Contracq ,6 lhe total a.EouDt earoed by the Claimant for labor, Eatctials or equipment fumished as ofthc date ofthc Claio; .7 the total amount of previous pa).ments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, matelials or equipment fumished as ofthe date ofthe Claim. 5 16.2 Claimant. An idividual or cntity haviDg a direct contract with the Contractor br witb I subcotrtractor ofthe Cootractor to firmish labor, materials or equipmmt for use in the performance of the Construction Contract. Jhe terto Chimant also iucludes any individual or entity that has dghtfully asserted a clai4 urde! an applicable mechanic's lien or similar statute against the real prop€rty upon which rhe Project is located. The intent ofthis Bond shall be to include without limitation in the terms "labor, materials or equipmert" that part ofwater, gas, power, light, heat, oil, gasoline, telephone setvice or rental equipment used io thc Construction Contract, architectural and engiqeeriog services required for performance of the wolk of the Contractot and the CoDtractols subcontractors, arrd all other items for which" mechanic's lieo may be asserted in the jurisdiction where the labot naterials or equiprleot were fumished S 16.3 Construction Contract. The ageement between the Owner and Contractor identified otr the cover page, including all Cottraat Documents and all changes made to the agreement and the Contmct Documents. s-2149/AS 8/10 S 16.4 Own6r Default. Failure of the Ow[er, which has not beetr remedied or waived, to pay the Contractor as required utrder the Constructiotr Contract or to perform and complete or comply with the other material terms of the Construction Contracl S 16.5 Contract Documents. All the documents thar comprisc the agrcement b€tweEn the Owner and Contractor. S I 7 If this Bond i9 issued for an agieemeot betweeo a Cootractor and subcootractor, the term Contractor in tiis Botrd shall be de€med to be Subcoltractor eld the term Owner shall be deemed to be Contractor, $ '18 Modifications to ttris bond are as follows than those appeaing on the cover page.) SURETY Name and H er R.oedtel,Attorney-in-Fact Addrc$s 1600 Utica Avenue South, Suite 600 Minneapolis, MN 55416 .\ CoEpa[y: (Corporate Seol) Travelers Casualty and Surety Company of America Namc and Titlc: Address Signature: 5450 W GOWEN RD BO|SE, rD 83709 208-362-6152 Jeseeflqflffi)E{ngrnt s-2149/AS 8/10 SLAI_CONTRACTOR AS PRINCIPAL Compaoy: State of Minnesota I )ss County of Flennepin On this 28'h day of November 2011, before me personally came Heather R. Goedtel, to me known, who being by me duly swom, did depose and say that she is the Attomey-in-Fact of Libertv Mutual InsuraDsg CqmDarty & Travelers Casualty and Surety Company of America described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by like order. rl Notarv Public MICHETLE DIANE HALTER Notary Public MyCommission Expires lan 31.2023 Surety Acknowledgment l /,,;"_+\tl.a-*!l(n€ft-ii \l--il t-THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power otAttorney limitg the acts ofthose nrmed herein, and they have no authority to bind the Company except in the manner and to the etent herein stated. cedincate No ZZ9!198 Liberly Mulual lnsurance Company The Ohio Casually lnsurance Company WestAmerican lnsurance Company POWER OF ATTORNEY KNoWN ALL PERSONS 8Y THESE PRESENIS That lhe Ohio Casually lnsurance Company is a corporalion duly orgarized under lhe laws oi lh€ Slate ol New Hampshire, lhal Liberly Mulual lnsurance Company is a corporatron dLrly organized !nder lhe laws of lhe Slale of l\rassachusetls, and Wesl American lnsurance Company is a corporalion duly Brian D. Carpenler; Craio Olmstead; Healher R. Goedtel:Jessica Hotf;Jill N. Swanson ;Laurie Pfluq; Michelle Halter; Nicole Langer a! q i'::l 1!91;, be as binding upon the Companies as ilthey have been dLrly signed by tho presidenl and allesled by th6 secrelary of lhe Companies in lheir own properpersons. all ol the cily of state ol IIN each indlvidLrally ifthere be more lhaa one named, ls true and lawfulallorney-in'facl lo make, execule, seal, acknowledge lN WITNESS WHEREoF. this Power olAtlorney has been subscribed by an authoized oiaicer or offcial of lhe Companies and the corpo€te sea s of the Companies have been aflixed rhereto thislljl[_ day of June 2017 DavdM By STATE OF PENNSYLVANIA COUNIY OF MONTGOI\,{ERY SS On this -13!!- dayof June , 2o17,591616msps156nallyappearedDavidM Carey.whoacknowledgedhimselllobelheAssislanlSecrelaryofLibertyMulual lnsurance Company. The Ohio Casualty Company. and Wesl Am€rican lnsurance Company, and lhal he, as such. being authorized so lo do, execule lhe ioregoing rnslrument for lhe purposes lherein contained by signing on bBhalfoflhe corporalions by himself as a duly aulhorieed ofricer lN W TNESS WHEREoF, I have hereunlo subscrlbed my name and alUxed rny nolarial seal al Kin g of Prussia, Pennsylvanra, on lhe day and year lirsl above willen COMMONW€AL'TH OT PENNSYlVANIA ,/-- llolurrrt /r"-fr-/L, This Power of Allorney rs made and ereculed pulsuenl and by authorily of lhe lollowing ByJaws and Aulhorizations ol The ohio Casually lnsurance Company. Libeny luutual lnsurance Cornpany and Wesl Amencan lnsurance Company u/hich lesolulions are now in full lorce and effect reading as lollowsi the provisions ofthis a,"dcle may be revoked atany time bythe Board,lhe Chaiman,lhe Presidel]t or by the otiicer or officers granling such poweror authority. execuled such instrumenls shallbe as blnding as ifsigned by lhe presidenl and attested by the secrelary. obligaiions the same force aod effect as thouqh manually affixed. L Renee C. Llerlellyn. lhe undersigned. Assislant S€cretar The Ohio Casuahy lnsuran@ Cofpany Liber Mulual Insurance Company, and Wesl American lnsurance Company do hereby cerl fy lhal the orginal power of atlomey of wlrich lhe foregotng is a full, NolaialSeal Te.ee Pasrela, Nor.ry Publ6 UOper Me.id Trp , Mdtgorery Cou.ry My Coonissro. Eipies Ma.ch 28,2021 Ay teresa Paslella, Notary Pub|c of Altorney execuled by sard Companies, s n full lorce and eflect and lN TESTIMONY VYHEREOF, lhave hereunlo set my hand and afllxed the seals _,2n Secmlary ooo G GT c,:o 6:l '6 o o {, o 0, o, '1 Q,' G 2 o o o (, -gi Go ot otr qt cno at,to E =l! oz o (.) =oo Q) o o);oo- .9 o = 0) E oa oF .+ g N EooIo) oo; o (,\t(\ @ il @e (0 (! ! t9rl 1991 lrue and correcl coov ol lhe Polver'fu of sarcl Comoanrcs thrl-U day of Bvl Renee C 493 ot 2000 The ohio Casuatty lnsurance Company Libefly Mutual lnsurance Company West American lnsurance Company ,ltJ"'u,-' c(! tro I \<!-:/ 1MS,12873 022017 WARNINGT THIS POWEB OF AT-TOBNEY lS INVALID W THOUT THE RED BOBDER POWER Ol"{',t'r'ORNEY.-, TRAVELERS Farmington Casualty CompanJ Fidelit) and Guarantt Insurance Compnnl' Fid€lity and Guarant) Insurance Lnderlvriters. Inc. St. Paul l'irr and Marine Insuran(e Compant St. Paul (;uardian lnsurance Company St. Paul M€rcury Insurrnco Company Travelers Casualty and SuretJ Company Travelers Casualt) and Sur€t) Companl ofAmerica United States Fidelit] and Guarantt Company Attorn€y-In Fact No. 23191 |Cct.tificatr N0.007272784 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Conrpany- St. Paul Fire lnd Marine Insurance Comprnr-. St. Prul Cuardian lnsurance Company. St. Paul Mcrcury lnsurance Company. Travelers Casualty and Surety Comp:tny. Travelers Casualty and Surel! Company ol America. and Unitcd Statcs Fidelity and Guaranty Company are corporations duly orSanized under the la*s of the Slate of Connecricut. rhat Fidclit)r and Cuarunt\r Insuftnce Comprny is a la$s of the State of Wisconsin (herein collectively callcd the Companies ), and lhat thc Companie\ do hercby make, consritrre nd rppornr Jill N. Swanson, Laurie Pflug, Brian D. Carpenter, Nicole Langer, Jessica HoII-. Hcather R. Gocdtol, Michello Haltcr, and Craig Olmstcad Minneapolis Minnesotaof the Cny of Srati- of each in their separate capacity if more than one is named above. to sign, execute. seal and acknowledge any and all bonds. recoSnizances. conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranreeing the fidelity ol plrsons. guaranteeing rhc performance of contracls and executing or guaranleeing bonds and undertakings required or pcrmift€d in any actions or proceedings allowcd hv Lr$.. Farmington Casualty Company Fidelitl and Cuarano Insurance Compan] Fidelit} and Guaranty Insurance Underwriters, Inc St. Paul l'ire and Marine lnsurance Compan]. St- Paul Guardian Insurance Co pany St. Pa l Nlercury Insuranc€ Compan] Trav€lers Casualty and Surety Compan] Trar€lcrs Casualt] and Sur€tl Company ofAmerica United States Fideli() and Guarantl Compan} _ . rheir true and l.rwlul Attomey(s)-in,Fact, / R.h.,r L R an.y. Scni(tr Yiae Presid.nt State of Connecricut Cit), of Haaford ss. In Witness Whereof,I hereunlo set my hand and ojlicial seal Mv Commission expires the 30th day ofJune.2O2l. 58440-5-16 Printed in U.S.A WAANING: THtS POWEB OF ATT ORNEY IS INVAL ID WITHOUI THE BED BOADFF] otrJl' c Mr.ic C. Terrerulr. Nolty public IN WITIIDS,S WHEREOI , the Compan-ics havc caused th is instrumcnt to bc signed and their corporare scals ro bc hcrelu ntn*"a , tl i. 20th June 20l'l @ @ffiffi*"Bffi, @@ ffi Ilv: on this the - 20th day of Jun: 2017. t"lor. ." pcrsonalty appeared Roben L. Raney, who acknowledged himsetfro Fire and Marine Insurance company, st. Paul Guardian lnsurance company. St- Paui Mcrcury Insurancc companv. Travelers casualty and surery company. Tra!eterscasualty aDd surety company of America and uniled states Fidelity .md Guaranty company. and that he. as such. being aurhorized so ro do. executed the foregoinginstrument for lhe purposes therein contained by signing on behaifoithe corporations by himself as a duly au(horjzed officer. WARNING:THIS POWER OF ATTOBNEY lS INVALID WITHOUTTHE RED BORDER This Power oI Attorney is granted undcr and by thc authority of the following resolulions adopted by lhe Boards of Directorr of Farmington Casualty Company, Fidelily and Cuaranty Insurance Company, Fidelity and Guaranly lnsurancc Underwriters. Inc-. Sl. Paul F_ire and Marjne lnsurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casuahy .tnd Surety Company of America, and Uniled States Fidelity and Guaranty Company. which resolutions are now in full lbrcc aDd eflect. readinq as lbllo$s: RESOLVED, thal the Chairman. the Prelident. an] Vice Chairman- anv Executivc Vice President. any Scnior Vice President, any Vice President. any Second Vice hesideflt, the Treasurer, any Assistanl Treasurer, the Corporate Sccretary or cny Assistant Sccrelary mry appoint Attorneys-in Fact and Agents to act for and on behalf of the Company and may give such appointee such aurhori(y as hii or her cenificate of authority may prescribe ro sign with the Company's name and seal wi(h the Company s seal bonds, recogn izances. contracts of indemnii) . and olher writin8s obligator) in rhc nature of a bond. recognizance, or conditional unde(aking , and any of said officers or the Board of Dtectors at any timc may remole an) such npp,ointce and revoke the po\r'er given him or her; and it is FURTIflR RESOLVED. that the Chairman. thc hesidenr. any Vice Chairman, ,tny Execurive Vice Presidenr. any Senior Vice President or any Vice President may delegate all or any pan of the foregoing aulhorily to onc or more ol]icers or enrployees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office ofthe Secrelary: and it is FURTIIER RESOLVED. that any bond. recognizance. contract oI indemniry. or {riring obligntory in thc nalure of a bond. recognizance. or conditional unde(aking shall be valid and binding upon the Company when (a) signed by the President. afly Vice Chairman. any Executive Vice President. any SeniorVice President or any Vice President, any Second Vice Presidenl, thc Trcasurer, any Assistant Trcasurer. the Corporate Secretary or any Assistant Secretary and duly anested and s€aled with the Company s seal by a Secrelary or Assistant Secretaryi or (b) duly excculcd ( nder seal. ifrequired) by one or more Anomeys-in-Fact and Agenls pursuant to the power prescribed in his or her cenificate or lheir cerlificates of authorir) or bf onc or more Company officcrs pursuant ro a writtcn delegation of authority; and it is FURTHER RESOLVED. that the signaturc of cach of rhe follosing olTiccrs: Presidenr. any Executive Vice President. any Senior Vice Presidenr. any Vice President, an)-Assistant Vice President. any Secretary. any AssisraDl Secretary. and the seal of the Company may be aflixed by facsimile to any Power of Attomey or to any and undenalings and other writings obligatory in thc nature thereof, and any such Power of Attome] or cedficate bearing such facsimile signature or facsimile seal shatl be valid and binding upon lhe Company and an) such powcr so executcd and cenified b] such facsimile signature and facsimile seal shall be valid and binding on the Company io the future with respect ro any bond or undcrstaflding 1() shi.h il is nttached I, Kevin E- Hughes, the undersigned, Assistant Secrelary. ofFarnrington Casrahy Company. Fidclity and Guaranry lnsurance Company. Fidelity and Guaranty Insurance Underwrite6, Inc., St. Paul Fire and Marine Insurance Company, Sr. Paul Cuardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company ofAmerica. and Unircd SEtes Fidelity and Cuaranty Company do hereby certif] that the above and foregoing is a true and conect copy ofthe Power ofArromey executed by said Companies. qhich is in full lbrce and effcct and has not been revoked. IN Tf,STINIONY WHEREOF. I ha!e hercunro set n1) hand and affixed the seals of suid Companies this x lrlrrgnnha. .,,i1day of a--'{ Ke\in E. Hughes. Asslstant '51 To verify the auhenticity of this Power of Attomey. call 1 ,800 ,12 I -3880 or conlact us at www.lrlve lersbond.com Pleas€ refer to the Attomey{n-Fact number, the above-named individuals and the details of the bond to which thc power is atlached. WABNING THS OFA EY IS INV WLTHOUT THE BED ER 1982 1951 @ffi acc>*if CERTIFICATE OF LIABILITY INSURANCE 11120t2417 THIS CERTI FICATE 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 AFFORDEO BY THE POLICIESBELOW. THIS CERTIFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER, IM PO R N T tf the rt ifi cate ho der an AD otTt o N NS U RED the po cy (i )ust h AD DITIO NA L N SU R E D s s be n d orsed U BR OGA Tto N ubject lh term s a nd cond ons the P rta in pol i qu a n nd nt.statem tthsrtificatedrrightsthertificatehtdIiehdorses) Ma6h USA lnc 333 Soulh 7lh Skeel. Suile 1400 Minreapols,MN 55402-2400 Altn MDll CertRequest@marsh com J43750.MASC GAWX.17.18 INSUREO Knib Ri!€r Corporalion Noihwest 5450 W. Gowen Road Boise D 83709 COVERAGES CERTIFICATE NUMBER cH 008838114 01 REVISION NUMBER HAVE TAI HT S S TO CE RT THA THT POLIE C E S o N RANCESU STEDLI LOWBE EEB N USS TOED ETH N S U ED N DE FOAAOVE T EH OL CY ER OD N DICA TED OTWN TN TS DIAN N ANYG REOU ME ENT oTERIU c DITON o OFN cANY ORONTRACT EOTH DOC NIU TEN H SP EC TOT H CH STH EC TECA MA EB SU]S ED o MA ER N ETH N RANSU EC FFO DE BYD HT POLE ESC DE SCR B HED INERE IS BJU TECT ALLo ETH TERI\,1 sUSEXCLStoNDDITCONtoNSSOFCUPOLIHCLIESITSN,I HOWNS MA VEHA NBEE DRE EUC BYD PAID c MS oo 500.000 2000,000 10,000 X T82,641,005097-047 41filt2017 01/01/2018 2,000 000x PREI"IISES ,o.,"" fl !1"'; S GEN'L AGGREGATE LIMIT APPLIES PER LOC COMM ERCIAL GENERAL LIABILITY GENERALAGGREGATE PRODUCTS COMP/OPAGG PERSONAL & ADV IN.]IIRY 4 000.000 4,000 000 CLA MS MAOE X OWNEO A 2,641 01b112017 2,000.000 BoD LY INJURY (Per person) E 0101i2018 S BoolLY INJURY (Per a@dent) AIJTOMOB ILE LlAAILITY rNE0 sl SCHEDULEO NON.OWNEO NS I DEf CLAIMS.MADEEXCESS LIAS X E L. EACH ACCIDENT STATLJ-IE S 1.000 000 1,000 000 WORKERS COMPENSATION ANO EMPLOYERS' LIABILIIY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICEF/MEMgER EXCLUDED?ti 01r01r2017 tf 17 (A0S) D 41n1D018 01/01/2018 E.L OISEASE. EA EMPLOYE E L. DISEASE. POLICY LIMIT 1 000 000S / LOCATIONS /VEHICLES (ACORD 101, Additionat R€marts S.hoduto, m.y b6 attach.d ifmor€ sp!c. is roquned) 5 ^,!ainline Addilionellnsured forAutomobite Ltabiilyh inctuded peraflached designated tnsured Endorsemenl CA 20 48. DESCRIPIION OF OPERATIONS Re Elack CatSewerTrunk Phase CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES gE CANCELLEO BEFORETHE EXPIRATION DATE THEREOF, NOTICE WLL BE OELIVERED IN ACCORDANCE W|TH THE POLICY PROVISIONS. Cilyol Meddian 33 Easl Eroadway A\€nue Me.idian, lD 83642 AIJTHORIZED REPRESENTATIVE =!'tan raor.; ja4rz_rv,\ir<.r.ManashiMLrkheiee @ 1988-2016 ACORD CORPORATTON. A[ rights reserved. k ACORD 25 (2016/03)The ACORD name and logo are registered marks ofACORO ts wAtvED, tr s EACHOCCURRENCE li99EEq4 E I$ WC2 641.005097-027 (Guar Cosr) .INCLI]DES 'SIOP GAP" Policy Number: A12-641 -005097 -057 lssued by: LIBER'I'Y \4U1'LJAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modiries insurance provided under thg following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY _ UMBRELLA COVERAGE FORM Schedule N ams of Olher Person(s| /Email Address or malling address:Number Days Notic€: O rg an izat io n s Per schedule of certificale holders on {ile with the Com Per sehedule of certifaate holders on file with lhe Company. on n A lf vr€ cancel this policy for any reason other than nonpayment of premium, we will notify the persons ororganizations shown in the Schedule above. We will send nolice to the email or mailing address listed aboveat least 10 days, or the number of days listed above. if any, before the canc€llalion be&mes effective. In noevent do€s the notice to thB third party exceed the notice to the first named insured. B This advance notification of a pendin_g cancellation of coverage is intended as a courtesy only. Our failure toprovide such advance notificalon will not extend the policy Cancellation date nor negate cariceitalion of thepolicy. All other terms and conditions of this polcy remain unchanged. >^,--\ 9,*,1 . O 2011 Liberty Mutual Group of Companres. All nghts reserved.lncludes copyrighted material of lnsurance Servrces-Otfrce, lnc.. witn its permission LtM 99 01 05 lt Page 'l of 1 I I POLICY NUMBER: At2$41-005097-057 This endorsement modilies ansurance provided under tho following AUTO OEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE witr]..Jeg?ec! to coverage provided by this endorsement, the provisions of the coverage Form appty untessmodified by this endorsement. This endorsemenl identifies person(s) or org_an jzation(s) wfio are "insureds' for Covered Autos Llability Covarageyndg|'. tl? who^ ls An lnsured provision o1 the coveiage Form. This enoorseminl-joes ;;i-;ii;, coverag€provided in the Coverage Form. COMMERCIAL AUTO cA 20 48 10 13 Each person or organizat;on shown in the Schedule isan "insured" for Covered AUlos Liabilily Coverage, but only to the extent thal person or organization qJalifiesas an "insured" under the Who ls An insuredprovision contained rn Paragraph A.1. of Seclion ll _ Covered Autos Liabitity Coverage in the BusinessAuto and Molor Carrier Coverage Forms andParagraph D.2. of Section I - -Covered Autos Coverages of the Auto Dealers Coverage Form. >r--> g.tu") Any person or organization whom l,/ou have agreed in writing to add as an addilional insured. but onlv rocoverage and minimum limils of insurance required by lhe liillen agreement. ,rJ , ,o "reritlo'eic6eo eittrerthe scope of coverage or the limts of insurance prov,OeO in tnis pofy. This policy will be primary and non4ontributory to any like insurance available to rhe person or organizationnoled abov€. Name Of Person(s) Or Organization(s): lnformation uired to com in lhe Declaralionsabove. will be shownthis Schedule if nol shown CA 20 ,18 '10 13 () lnsurance Services Office, lnc 201i Page 'l of 1 POLICY NUVIBER: TB2-641-005097-047 COMMERCIAL GENERAL LIABILITY cG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SGHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the fdlc)1ring COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organizatim(s) shown in the Schedule, but only vr'ith respect to liability for "bodily iniury", ''property damage" or 'personal and ad\r'ertising injury' caused, in whde or in part, by: '1. Your acts or omissions; or 2 The acts or ornissions of those acting on your behalf; in the perform ance of your ongoing operations forthe additional insured(s) at the locatim(s) designated above. H o$,,ever: l. The insurance afforded to such additional insured only applies to the extent permitted by laYr'; and 2 lf coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required bythe contract or agreement to provide for such additional insured. B. Wth respect to the insurance afforded to these additional insureds, the following additional exdusions apply: This insurance does nc* apply to'bodily injury" or 'property damage'' occuning aner: 1. Allv/ork, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be perform ed by or on behalf of the additional insured(s) at the location of the covered operations has been complded; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part ofthe same project. C. Wrth respect to the insurance affo(ded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a contraci or agreement, the most ur'e will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Z Available under the applicable Limits of lnsurance sho$in in the Declarations; whicfiever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. cG 20 10 04 13 O ISO Properties, |nc.,2012 Page 1of2 tr SCHEDULE Name Of Additional lnsured Person(s) Or Organization(s)Locati on(s) Of Covered Operdions All persons or organizations for whom you have snter6d into a written contract or agrsemont, prior to an "occurrence" or offense, to provide additional insued sfatus. All locdions as required by a wriften contract or agreement ontsred into prior to an "occtrronce', or offense. lnform ation required to complete this Schedu le, if not shown above.will be shown in the Declarations. cG 20 10 04 13 O lnsurance Services Office, lnc.,2OlZ Pqe2ot2 COMMERCIAL GENERAL LIABILITY cc 20 37 04 ,t3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED. OWNERS, LESSEES OR CONTRAGTORS - COMPLETED OPERATIONS This endorsement modifies insurance provded under the following COIVIIVI ERCIAL GEN ERAL LIABI LITY COVERAGE PART PRODUCTS/COI\iIPLETED OPERATIONS LIABILITY COVERAGE PART POLICY NUl\ilBER: T82-641-005097-047 A Section ll - Vwlo ls An lnsured is amended to include as an additional ingtred the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-coi"n plded operations hazard". Howe\r'er: 1. The insurance afforded to such additional insured only applies to the extent perm itted by law; and 2 lf coverage provided to the additional insured is required by a contract or agreement, the insirance afforded to such additional insured will not be broader than that which you are required by the cmfad or agreement to provide for such additional insured. B. Wth respecl to the insurance afforded to these additional insureds, the following is added to Section lll - Limits Of lnsurance: lf coverage provided to the additional insJred is required by a contract or agree'neflt, the mod we will pay on behatf of the additional insured is the amcrunt of insurance: 1. Required by the contrad or agreement; or 2. Avaalable under the applicable Limits of lnsurance sho&n in the Declarations; rvhichever is less. This endorsement shall nct increase the applicable Limits of lnsurance shovn in the Declarations. Name Of Additional lnsured Person(s) Or Organization(s)Location And Doscriplion Of Conpleted Operations All persms or orgdtizations for whom you have entered into a written contract or agreement, prior to an "occurrence" or offonse, to provide additiond insured stdus. All locdions as required by a written contract or agreement entered into prior to an "occurrence" or offense. lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations cG 20 37 04 13 O fnsurance Services Offlce, lnc.,2oiz Page 1 of 1 SCH EDU LE Policy Num ber TB2-641-005097-047 lssued by LIBERTY MUTUAL FIRE INSUR{NCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modilies insurance provided under the following BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNIry COVERAGE PART SELF-INSJRED TRUCKER EXCESS LIABILITY COVERAGE PART CO|\iltuI ERCIAL GENERAL LIABI LITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSrcOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COIVIMERCIAL LIABILITY - UMBRELLA COVERAGE FORM B lf we cancel this policy for any reason other than nonpa)ment of premium, we will nclify the persons or o(ganizations $lown in the Sctredule above. We will send ncdice to the email or mailing address listed aboveatleastl0days,orthenumberofda)ls lisled above, if any, before the cancellation becomes effective. ln no event does the ndice to the third party exceed the notice to the tirst named insured. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure toprovide such advance notitcation will not extend the policy cancellation date nor negat! cancellation of thepolicy. All otherterms and conditions of this policy remain unchanged O 20'1 1 Uberty Mutual Group of Companies. All rights reserved. lncludes coprighted m aterial of lnsurance Services Office, lnc., with its permission. Schedule Narne of Other Persor{s) / Organization(s): Email Address or mailing address:Number Days Notice: Per Schedule of c€rtificate holders on file with the Company 90 LtM 99 01 05 11 Page 1 of 1 NOTICE OF CANCELLATION TO TH'RO PARTIES A lt-y- -"r:r"' rh's pohcv ror eny,r.ason other rhan nonpayrngnt o[ premrum, w8 $r'irr norify tha por60ns ororgent'arions shown in {ho schedure bero'n. we wir seno no:rhe io i#emarr or mai ry addrE.s rrstod berow .rloast 10 days. or lhe number of dayi lisrsd b6,ow, ti "^i. oit.i-*L[aflon becom€s affed/.le. ln no e\,6nrdoes lhe notica to the lhkd party exco€d lhe oofice 6 ff,j iist nar*O-iniureo. B' This.advance norificarion or a prndrng caoc€rstion ol cov.rage is intended as a courtesy onry. o.,, rairure ,oprovide such advance notmcarion wiri not €xrand tte poriiy-ir.o"irairn dare nor *gr[ ;;,""xr;;"; "iit* NEmo ot Other porson(61 , Org!nlzatlon(sr: Per schedule of cerrlfrcate holders on tile r.,l th the coapany Schcdule EEail Addross or mailing rddress: Numbcr Days l,lotice: Per schedul e of certlflcate holders on flle wrth the conpany 90 Allolh€r tsrmE and condfions ol this poticy rcmain unchanged lssuei by Libertt lnaurancc Corporation 2lgl4 For a{rdynr to potrry No.LrA7-64D-0050g7_017 Efecli,re Di teol /0t l20tl prcrrnum, lssued to cennrenntst Energy itoldjngs, Inc. >_r" \. $"**l wc 99 20 7s Ed. 1zo1/2o16 @20,16 Liberty MutuBt trEur.ic.Poge 1 ot 1 NOTICE OF CANCELLAIIOI{ TO THIRO PARTIES A. lt- 1e .ca.r5,et this policy lor 6ny .reasoo othar thtn mnpaymeot ot Frr'llum. ws wil notiry lhe persons ororganizatbna shoivn ln lh€ schedu'e balot / we un seno'nolceio the amalt or mat[ng addr6ss lisled b€toiry Etleast r0 dalr. or the number ot davs risrea hhw, ii;;r,.f,J#-;;[alion becoms. erfecriye, rn no €vo.rrdoes the no{ce to lhe th'rd party 6xci}ed tt " nofi"" to G 6rti nilii*lns*eo. B' This.advanc€ nolification ot a Pendin-g ctncollalion-oI covoraoe is inlendBd as a courtesy only. our failure loprovid€ such advance no'lificatk n wili nol extond ttte p"llt;;il;ton (bte nor negata cen.ellatbn o, trepolicy. Nrme ol Olh€r Porsontsl , Organizstion(s): Per echedule of c ert ificate holders on f1le wlth the conrPany Schedule Emall Addrcss or mailing addtess: l{umber Dayc Notice: Per schedule of certificare holders on ftle wtth the coIIpany 90 All olher lerms and conditions ot th,s policy ,emain uncianged ls3lcd by Lllrerry Uutual Flre Insura.nce Company -t65gG For €tlechrE. ro poticy l,ro. ItC2-641-005097-027 efearw oa b)t I Ot lhOLT b6!ed lo MDU Resources Group, Inc. Prosfirn I )^\ g**,".t wc 99 20 75Ed 12to1t2016 O 20'16 tit(ny Ustud Insrrrance Prge , of 1 IDSOS Viewing Business Entity Page 1 of2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawe.ence Denney, Secretary of State I New Search ] [ Back to Summarv ] I Get a certificate of existence for KNIFE RIVER CORPORATION - NORTHWEST ] I Monitor KNIFE RIVER CORPORATION - NORTHWEST business filinos ] KNIFE RIVER CORPORATION . NORTHWEST 1150 WEST CENTURY AVENUE BISMARCK, ND 58503 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDiNG state of origin: oREGoN Date of 20 Oct 2009 Origination/Authorization: Inatial Registered Agent: C T CORPORATION SYSTEI.4 921 S ORCHARD ST STE G BOISE, ID 83705 Organizational ID / Filing C1B4B75 N umber: Number of Authorized Stock Shares: Date of Last Annual Report: 27 Sep 2OL7 Annual Report Due: Oct 2018 Original Filing: I Help Me Print/View T]FF l Fi|ed 20 Oct 2OO9 CERTIFICATE OF AUTHORIry format View Imaoe (TIFF format) Amendments: I Help Me Print/View TIFF ] Amendment Filed O5 Jan NAME CHANGED 'o'":3#[i{'J,',1 NORTHW EST View Imaqe (PDF format) w Ima TIFF Annual Reports: I Help Me Print/View TIFF ] View DecutrLent Online e r Report for year 2OL7 ANNUAL REpORT Report for year 2016 ANNUAL REPORT Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT View Docu ment On line Doc ment Onlin View Document Online View Docu ment Online View Docu ment On line View Docu ment Online https://www.accessidaho.org/public/sos/corp/C 1 84875.htm1 11t21t2017 IDSOS Viewing Business Entity Page 2 of 2 Report for year 2010 ANNUAL REPORT View Document Online Idaho Secretarv of State's lvlain Paoe State of Idaho Home Paoe Comments, questions or suggestions can be emailed to: sosinfo@sos. ida ho. oov https://www.accessidaho.org/public/sos/corp/C 1 84875.htm1 \ 1l2t 12017 Comoanv License Work Liccnse License Name Number Catcson Type Class Stalus Annlicant O\ ner ComDan\ Comoan\ Comoanr Comoanr ^, I'.\oiratiun 6- NlE AddEis Ejq 51q!, zl, ( 'd" Pnone 6;ie- Par€nt License N umbcrEn=L!€r.+ ulunl;ESD-aanr5llltltlrtiillE?,?i 3173? .rlsi,i/al€ara trl!2 [#*rr ut"00002 00003 123 knle Rrver UNLTMITEo AcTlvE corporaton - Nonhwasl BO]SE ]D (208) 62 6152 3/31/2013 PublicWorks Search { print Page I of 1 https://web.dbs.idaho.gov/etrakit3iCustom,4daho-PublicWorksPrint'aspx 1t t2112017