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Pipeline Inspection Services Digester 4 Project 10866AGREEMENT FOR CONTRACTED SERVICES DIGESTER 4 PROJECT# 10866 THIS CONTRACT FOR PUBLTC WORKS CONSTRUCTTON is made this 28th dayo, November,2017, and entered into by and between the city of Meridian, a municipat corporalion organized under the laws ol the state of ldaho, hereinafter referred to as"CITY', 33 East Broadway Avenue, Meridian, ldaho 83642, Services, hereinafter referred to as "CONTRACTOR", whose bus 3023 and whose Public Works Contractor License # is pW INTRODUCTION and Whereas, the City has a need for services involving cle anino of dio TERMS AND CONDITIONS 1 . Scope of Work: 1.1 CONTRACTOR shall perform and lurnish 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 ti ed ,,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 iimitation electronic dati 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 Jor 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 lhis Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor and Pioeline lnspection iness address is P.O. Box -15828. ters WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration ol the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: DIGESTER 4 CLEANING Project 10866 page 1 of 12 2 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices lor the profession or profess-ions that are used in performance of this Agreement and that are in effect at the time ofperformance 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 ol the work performed by the contractor under this Agreement, conlractor makes no other warianties, either express or implied, as part of this Agreement. 1..4 services and work provided by the contractor at the city's request underthis Agreement will be perlormed in a timely manner in accordance with a Schedule ofWork, 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. Consideration 2-1 The contractor shalr be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $100.000. 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 jor services provided during the billing period, which the city will pay within 30 days of receipt ol a correct invoice and approval by the city. The city will not withholdany Federal or State income taxes or Social Security Tax lrom any payment made by City to Contractor under the terms and conditions ol this Agreement. payment ofall taxes and other assessments on such sums is the" sole responiibility ol Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the city any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renierings or mockups- Specifically, Contractor shall not be entitled by virtue oithis Agreement to consideration in the form of overtime, health insurance benefits, r6tirement 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, (b1 or uniess sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A_ 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notif ication to Conlractor. DIGESTER 4 CLEANING Project '10866 page 2 ol 12 3.3_ should cityfail to pay contractor al or any part of the compensation set forthin Exhibit B of this Agreemenr on the date due, contracror, ai the contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days lrom the date payment is due. Liquidated Damages: Upon receipt of a Notice to Proceed, the Contractor shall have 20 (twenty) calendar days to complete the work as described herein. contractor shall be li;ble to the City lor any delay beyond this time period in the amount ol $5O0.OO (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 ll, through any cause, CONTRACTOR, its officers, employees, or agents lails to fulfill in a timely and proper manner its obligations underthis Agreemen-t, violates any ol 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 olher acl of misconducl in the performanc6 o-t tnis contract, or if the city council determines that termination of this Agreement is in the best interest of clrY, the clrY shall thereupon have the right tolerminate this Agreement by giving written nolice to CONTRACTOR ol sulh termination and specifying the eflective date thereof at least fifteen (15) days before the ellective date of such termination. CONTRACTOR may terminate ihis agreement at any time by giving at least sixty (60) days notice to ClTy. ln the event of any termination of this Agreement, all linished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 _ Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the ClTy by virtue ol any breach of ihis Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the eiact 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 i1s liability to the CITY for damages. DIGESTER 4 CLEANING Project 10866 page 3 of 12 4. lndependent Contractor: 6.1. .ln all matters pertaining to this agreement, coNTRACToR sha be acting as an independent conlractor, and neither CONTRACTOR nor any officer, emplo-yeeor agent of CONTRACTOR will be deemed an employee oi Ctty. Excepi asexpressly provided in Exhibit A, contractor has no authority or responsibiiity toexercise any rights or power vested in the city and therefore has no authority tobind or incur any obligation on behalf of the citi. The selection and designation ofthe personnel o, the crrY in the performance of this agreement shal b;made bythe CITY. 6.2 contractor, its agents, officers, and emproyees are and at al times during theterm of this Agreement shall represent and conduct themselves as indepen"dent contractors and not as employees of the City. 6.3 contractor shall determine the method, details and means of performing thework and services to be provided by contractor under this Agreement. contr;ctorshall be responsible to city only for the requirements and risults specified in thisAgreement and, except as expressly provided in this Agreement, shall not besubjected to city's control with respect to the physicai action or activities ofcontractor in fulfillment of this Agreement. ll in the performance of this Agreement any,third persons are emproyed by contractor, such persons sha[ be eniirery andexclusively under the direction and supervision and control of the contractor. Removal of Unsatisfactory Employees: The co_nrractor shalr only furnish employees who are competent and skilled for work under this contract. lf, in the opinion of the city, an empioyee of the conrractor isincompetent or disorderry, refuses to perform in accordance with the terms andconditions of the contract, threatens or uses abusive language while on cityproperty, or is otherwise unsatisfactory, that employee shall be removed from ailwork under this conlract. lndemnilication and lnsurance: 7 8 8 'I CONTRACTOR shall indemnily and save and hold harmless ClTy and it's ected off icials, off icers, employees, a gents, and volunteers lrom and for any and all osses, claims, actions, judgments I or damages, or injury to persons or property and losses and expenses and oth er cosls including litigation costs and attorney's fees, arising out of , resulting fro m, or in connection with the performance ol thisAgreement by the CONTRAC TOR, its servants, agents, officers,employees,guests, and business invitees,and not caused by or arising out of the tortious conduct of CITY or its employee s.C ONTRACTO R shall maintain.and s o ecilicallv a0rees rh at it will maintain.throuohout the term of this Aoreement.liabilitv insurance, in which th e CIT Y shall be named an additional ins ured i n the minimum amo n as follow General Liability One Million Dollars ($1 ,000,000) per incident nce One Million Dottars (91,000,000) peror occurrence, Automobile Liability lnsura DIGESTER 4 CLEANING Project 10866 page 4 o, 12 6. incident or occurrence and workers' compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitationof the covenants to indemnity and save and hold harmless ClTy; and if ClTybecomes liable for an amount in excess oJ lhe insurance limits, heiein provided,coNTRAcroR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages orinjury to.persons or property and other costs, including litigation costi andattorneys' fees, arising out of, resulting from , or in connection with theperformance of this Agreement by the contractor or contractor's officers, employs,agents, representatives or subcontractors and resulting in or attributable-topersonal injury, death, or damage or destruction to tangibli or intangible property, including use of. coNTRACToR shail provide c-rry with a bertiiicate otlnsurance, or other proof of insurance evidencing coNTRACToR's compriancey!!! tne requirements of this paragraph and fire iuch proof of insurance with theclrY at least ten (10) days prior to the date contractoi begins performance ol it,s obligations under this Agreement. ln the event lhe insurance minimums are changed, coNTRAcroR shall immediatery submit proof of compriance with thechanged limits. Evidence of all insurance shall be submitted to the city purchasing Agent with a copy to Meridian City Accounting, g3 East Broadway Avenue] Meridian. ldaho 83642. 8.2 ofn DIGESTEB 4 CLEANING Project '10866 lnsurance is to be praced with an rdaho admitted insurerwith a Best's rating o less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declaredin writing and approved by the city. At the option of the city, either: the insurershall reduce or eliminate such deductibres, self-insured retentions or namedinsureds; or the contractor shal provide a bond, cash or retter o{ creditguaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, contractor's rnsurance coverage shallbe primary insurance regarding the city's elected olficers, officials,employees and volunteers. Any insurance or ielf-insuiance maintained by the city or the city's elected oflicers, officials, employees and volunteers shall be excess oithe contractor's insurance and shall not contribute with contractor's insurance except as to the extent of City's negligence. 8.5 The contractor's insurance shafl appry separatery to each insured againstwhom claim is made or suit is brought, except with respect to the rimits of theinsurer's liability. t_9 Arr insurance coverages for subcontractors shal be subject to aI of thernsurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shal not rimit the riabirity of thecontractor and contractor's agents, representatives, emproyees or subcontractors. page 5 of 12 9. Time is ol the Essence: 1t. 12. 13. The parties hereto acknowledge and agree that time is stric y ol the essence with respect to each and every term, condition and provision hereof, and that the lailure to timely perform any of the obligations hereunder shall constitute a breach of , and a default under, this Agreement by the party so failing to perform. Bonds: Payment and Performance Bonds are required on a[ pubric works rmprovement Projects per the ISPWC and the city of Meridian supplemental Speciiications &Drawings to the ISPWC, which by this reference are made a part hereof. contractor is required to furnish laithful perlormance and payment bonds in the amount of 100% of the contracl price issued by surety licensed to do business in the state ol ldaho with a Best's rating ol no less than A-. ln the event that the contract is subsequently terminated for failure to perlorm, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years f rom the date ol the city of Meridian acceptance per the lspwc and the Meridian. Supplemental Specifications & Drawings to ihe ISpWC and any modilications, which by this ref erence are made a part hereof . All items found to be defective during a warranty inspection and subsequentry corrected will require an additional two (2) year warranty from the date of city,l acceptance of the corrected work. Changes: The CITY may, from time to time, request changes in the Scope of Work to beperlormed hereunder. such changes, incruding any increase or decrease in theamount of CONTRACTOR'S compensation, which are mutually agreed upon by andbetween the clrY and coNTRACToR, shal be incorporated in written amendments which shall be executed with the same formalities as this Agreement. Taxes: The city of Meridian is exempt from Federal and state taxes and will execute therequired exemption certificales Jor items purchased and used by the city. ltemspurchased by the city and used by a contractor are subject to Use Tax. All othertaxes are.the responsibility of the contractor and aie to be included in tlreContractor's Bid pricing. page 6 of 12 10. DIGESTER 4 CLEANING Project 10866 14. Reports and lnformation: '14.1 At such times and in such forms as the crry may require, there shal be furnished to the clrY such sratements, records, reports,'data and information as the CITY may request perlaining to matters covered by this Agreement. 14 2 contractor shafl maintain a[ writings, documents and records prepared or compiled in connection with the performance of this Agreemenl for a minimum olfour (4) years from the termination or compretion oi this or Agreement. This includes any handwriting, typewriting, printing, photo static, photogiaphic and every other means of recording upon any tangible thing, any lorm of c-ommunication orrepresentation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and lnspections: At any time during normar business hours and as often as the crry may deemnecessary, there shall be made available to the clry for examination all olcoNTRACToR's records with respect to all matters covered by this Agreement.coNTRAcroR sharr permit the crry to audit, examine, and make eicerpts ortranscripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions ol employment and other datarelating to all matters covered by this Agreement. 16. Publicalion, Reproduction and Use ol Material: No material produced in whole or in part under this Agreement shall be subject tocopyright in the united states or in any other country. The clry shali have unrestricted authority to publish, disclose and otherwise use, in whole or in part, anyreports, data or other materials prepared under this Agreement. 17. Equal Employment Opportunity: ln performing the workherein, contractor agrees to comply with the provisions ofTitle vl and vrr of the civir Rights Act, Revenue sharing Act Titre 3i, u.s. codesection 2176. specifically, the contractor agrees not to discriminate against anyemployee or appricant for emproyment because or race, coror, rerigion, sei, nationarorigin, age, political affiliation, marital status, or handicap. co-ntractor 'will takeaffirmative action during emproyment or training to insure tnat empioyees aietreated without regard to race, coror, rerigion, sex, nationar origin, Jgei poiiti;aralfiliation, maritar status, or handicap. rn performing the worf requii"i'n"r"in,coNTRACTOR shail not unrawfuily discriminate in vio-iation or any tetera[ st"te o,local law, rure or reguration againsi any person on the oasis of rade, cot"; ;bio;,sex, national origin or anceslry, age or disability. DIGESTER 4 CLEANING Project 10865 page 7 ol 12 24. DIGESTER 4 CLEANING Project 10866 Payment Request: Payment requests shail be submitted to city of Meridian through the city,s projectmanagement software. The project Manager wiil compare thJinvoice alaiiisiinePayment schedule in the Agreement for cdmpriance. ufon approvar that the workhas been done and is in compriance with the Agreement,-the erolect Manager wirt 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. rt has received independent legal advice from its attorney's or th! opportunity to seek such advice. 19. Attorney Fees: should any litigation be commenced between the parlies hereto concerning thisAgreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court cosls and reasonable attorneys'fees as determined by acourt of competent jurisdiction. This provision shall be deemed to be a sepaiite contract between the parties and shall survive any delault, termination or forieiture of this Agreement. 20. ConstructionandSeverability: ll any_ part ol this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part ol this Agreement so lon-g asthe remainder of the Agreement is reasonably capable of com-pletion. 21. Waiver ol Default: waiver of default by either party to this Agreement shall not be deemed to be waiverof any subsequent default. waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or iubsequent breach,ind shallnot be construed to be a modification of the terms ol this Agreement unless thisAgreement is modified as provided above. 22. Entire Agreement: This Agreement contains the enrire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to iheexecution hereof or contemporaneous herewith. 23. Assignment: It. is.expressry agreed and understood by the parties hereto, that coNTRACToR shall_not have the right to assign, transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent oj Ctfy. - page 8 ol 12 26. 27. approve the pay request for processing. city of Meridian payment terms are Net 30from the date city receives a correct invoiie. Final payment will not be released until the City has received a tax release from the Tax Commission. Cleanup: contractor shall keep the worksite clean and free from debris. At completion olwork and prior to requesting final inspection, the contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not bemade if cleanup has not been performed. Order ol Precedence: The order or precedence shall be the contracr agreement, the lnvitation for Biddocumenl, then the winning bidders submitted bid document. Compliance with Laws: ln performing the scope of work required hereunder, coNTRAcroR shafl comprywith all applicable laws, ordinances, and codes of Federal, State, and localgovernments. Applicable Law: This Agreement sharr be governed by and construed and enrorced in accordancewith the laws of the state of ldaho, and the ordinances of the city ol Meridian. Notices: Any and all notices required to be given by either o, the parties hereto, unressotherwise stated in this agreement, shall be in writing and be ;";;Jcommunicated when mailed in the United states mail, ceiified, ,eturn ,ecepirequested, addressed as follows: CITY CONTRACT9R City ol Meridian ptpEf-f f.fE ffrf pSECT;ON SERVCES Purchasing Manager Attn: Richard Mason 33 E Broadway Ave p.O. Box 3023 Meridian, tD 83642 Nampa, tD 83653208-489-0417 phone: 208_573-4671 Email: pipeline@pipelineinc.us ldaho Public Works License #pWC-C-1S828 Either party may change their address for the purpose of this paragraph by givingwritten notice of such change to the other in the manner herein pro'vid'ed. ' " DIGESTER 4 CLEANING Prolect 10866 page I ol 12 25. 28. 29. 30. Approval Required; This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIA BY: l�y�-vim TAMMY de W E D, MAYOR Dated;_. ) C- / � / 0)2l Approved by Council:_ , Attest: __Z JAG*48h'E-o, CITY CLERK G 5�`l C04 Purchasing Approval KEITH TS, Purchasing Manager Dated:: , �/�/7 Project Manager Clint Dolsbv DIGESTER 4 CLEANING Project 10866 PIPELINE INSPECTION SERVICES` - BY ERVICES- BY: ►-C Pei S,-11 PRINT NAME: Dated: f /- / 1 fO%ko-SEAL ?EDAUG�sl 0 r k -r w E IDIAN%- A -,I Depa 1 ent Appr vel BY: i= W EN STEWA City Engineer Dated:: ."I- _ I page 10 of 12 EXHIBlT A SCOPE OF WORK REFER TO INVITATION TO BID PW-1802.10886 ALL ADDENDUMS, ATTACHMENTS, AND EXH|BITS inctuded in the lnvitation to Bid Package # pw-1902-10gg6, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shail be done in accordance with the Technicar Specifications to the ISPWC (and any Addendums). See separate attached documents: PLANS NAME BY Carollo Engineers (3 of pases) TECH N ICAL S P EC I FICATIONS by tr/ou ntai n Waterworks (4 of pages) a a DIGESTER 4 CLEANING Project 10866 page 11 of 12 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation lor this Agreement shall not exceed g.100,000 DIGESTER 4 CLEANING Prolect 10866 MILESTONE DATES/SCHEDULE Milestone l Final Completion 20 Days f rom Notice to Proceed PRICING SCHEDULE ggllllllrylyqgsjyIis!ing all labor, mareriats, equipment, and incidenrats as required for rheDIGESTER 4 CLEANING proiect per tFB WW-1802-10886 NOT TO EXCEED CONTRACT TOTAL $100J00 Con tsract na toot xe Lamceeduont.itemne ct n bel o ube sed ops overiricati an nd an vdadniroalnrocreasesdreecansesrkwoubestedcahreqvcentractoroityobasednpv UA ntcaatu ir ste eacol h mte ot rko tn accord ncea h he ntco dract o cu m nts Contract Pri Schedule Item No.Desc ion Qua Unit Unit Price 1 Mobilization 1 LS 510,000 2 Digester Cleaning & Dewaterin s 1 L5 s80,000 3 1 LS s10,000 page 12 ol 12 tnvotce The City Demobilization City Of !&.idian Detaifed Statement of Revenues and Expenditures - Rev and Exp Report - (eith Report 3510 - nw t!€.tDtrt Platrt 60 - Eaterpri.. Fund Eron 10/1/201'l Throuqh 9/30/2018 Unposted Transactlons Incfuded In 5 3101 0000 NON-DEPARTMENTAL TOtAl OPERATING COSTS Budqet rith Cu!rent Year ActuaI Budget Remaining Percent of Budget Remaining 390,000.00 0.00 0 .00 36,943 . 7 3 100,00* 0 .00t 35 943 -73 TOTAL EXPENDITURES Dafe. Ll/16/11 0t:53:39 Pl.1 OPERATING COSTS Plant Maintenance 390,000.00 {36.943.73) 353,055.27 36,943 -13 353,056 -21 ______3-9-q,_q-q-q-_q-o 390,000.00 90.539 90.53r BI D R E S U L T S S i g n e d B i d B o n d X X At t e s t : S a n d r a R a m e r i e z DU E D A T E & T I M E : N O V E M B E R 2 , 2 0 1 7 2 : 3 0 BI D N U M B E R : W W - 1 8 0 2 - 1 0 8 9 6 BI D N A M E : D I G E S T E R 4 & 5 C L E A N I N G Al t e r n a t e 1 BI D A M O U N T $9 0 , 0 0 0 . 0 0 $1 0 0 , 0 0 0 . 0 0 Op e n e d b y : K e i t h W a t t s VE N D O R Pi p e l i n e I n s p e c t i o n DU E D A T E & T I M E : N O V E M B E R 2 , 2 0 1 7 2 : 3 0 Bond# 2263017 AIA Document 4312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable OWNER (Name and Address): City of Meridian/Purchasing Dept. 33 E. Broadway Ave. Ste. '106 Meridian, lD 83642 CONSTRUCTION CONTRACT Date: November 28, 2017 Amount: $100,000.00 Description (Name and Location)r Digester 3 & 4 Cleaning/Project# 10866 BON D Date (Not earlier than Construction Contract Date): November 28, 2017 Amount: $100,000.00 Modifications to this Bond: X None SURETY CompanyCornpany SURETY (Name and Principal Place of Business) North American Specialty lnsurance Company 650 Elm Street Manchester, NH 03101 See Page 3 (Corporate Seal) North American S alty lnsuran CompanyPipeline lns , lnc Sagnature: Name and rL tSignature: Name and Mary aqurer rn act (Any additional signatures appear on page 6) (FOR INFORMATION ONLy - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post lnsurance P.O. Box 8447 Boise, lD 83707 AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT B OND. DECEMBER 1984 ED . AIA' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE'. N'W ' WASHINGTON. D C' 20006 THIRD PRINTING . MARCH 1987 A3r2-1984 1 h x THE AMERICAN INSTITUTE OF ARCHITECTS CONTRACTOR (Name and Address): Pipeline lnspection Services, lnc. P.O. Box 3023 Nampa, lD. 83653 CONTRACTOR AS PRINCIPAL (Corporate Seal) N/A I The Contraclor and the Surety, jointly and severally. bind themselves, their heirs, execulors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 lf the Conlractor performs the Construction Contract, the Surety and the Conlractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 lf there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owners has notified the Contractor and the Surety at its address described in Paragraph 10 below thal the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. lf the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall nol waive the Owne/s right, if any, subsequenlly to declare a Contraclor Default: and 3.2 The Owner has declared a Contractor Oefault and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1i and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract v,/ith the Owner. 4 When the Owner has satistied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, lo perform and complete the Construction Contract: or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contraclors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract lo be prepared for execution by the Owner and lhe contractor selected with the Owner's concurence, to be secured with performance and payment bonds execuled by a qualilied surety equivalent to the bonds issued on the Construclion Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractois defaulti or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 Afler investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owneri or .2 Deny liability in whole or in part and notiry the Owner citing reasons lherefore. 5 lf the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifleen days afrer receipt of an additional written notice from lhe Owner to the Surety demanding that the Surety perform ils obligalions under this Bond, and the Owner shall be entitled to enforce any remedy available lo the Owner. lf the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses lhe payment tendered or the Surety has denied liability, in whole or in pa(, without further notice lhe Owner shall be entilled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractols right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be grealer than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.'l The responsibilities of the Conlractor for correction of defective work and completion of the Construction Contract: 6.2 Additional legal, design professional and delay crsts resulting from the Contracto/s Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if nol liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of lhe Contractor that are unrelated to lhe Construction Contract, and the Balance of the Contract Price shall nol 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 the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, underthis Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Conlractor Default or within two years afrer the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. lf the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. nn oOCUUeXT mrz . PERFORMANCE BONO AND PAYMENT BOND ' OECEMBER 1984 ED ' AIA ' THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE . N W ' WASHINGTON. D C 20006 THIRO PRINTING. MARCH 1987 A312-1984 2 l0 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. ll When this Bond has been fumished to comply with a statulory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intenl is that this Bond shall be conslrued as a statutory bond and nol as a common law bond. ,I2 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company:(Corporate Seal) SURETY Company (Corporate Seal) Signature Name and Title Address: AIAOOCU ENTA3i2. PERFORMANCE BONDAND PAYMENT BONO. DECEMBER 1984 EO 'AIA' THEAMERICAN INSTITUTE OF ARCHITECTS, l735NEWYORKAVE.,NW WASHINGTON, D C 20006 THIRD PRINTING. MARCH 1987 A312-r984 3 Signature: Name and Title: Address: 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes lhereto. 12.3 Contractor Oefault: Failure of the Contraclor, which has neilher been remedied nor waived, to perform or olherwise to comply with lhe terms of the Construction Contract. MODIFICATIONS TO THIS BONO ARE AS FOLLOWS: THE AMERICAN INSTITUTE OF ARCHITECTS Bond# 2263017 AIA Document 4312 CONTRACTOR (Name and Address) Pipeline lnspection Services, lnc. P.O. Box 3023 Nampa, lD. 83653 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable SURETY (Name and Principal Place of Business) North American Specialty lnsurance Company 650 Elm Skeet Manchester, NH 03101 OWNER (Name and Address): City of Meridian/Purchasing Dept. 33 E. Broadway Ave. Ste. 106 Meridian, lD 83642 BOND . oate (Not earlier than Construction Contract Date): November 28, 2017 Amount: 5100,000.00 ModiFrcations to this Bond: E None CONTRACTOR AS PRI PAL (Corporate Seal)(Corporate Seal) Pipeline lns ces, lnc North American S ialty lnsu Corpfldrry Signature: Name and Signature I Name and T e: Mary aqurer , Attorn (Any additional signatures appear on page 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other Party): Post lnsurance P.O. Box 8447 Boise, lD 83702 N/A -ln-F AIA DOCUMENT A3l2 . PERFORMANCE BOND ANo PAYMENT BONo. DECEMBER 1984 ED .AlA' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE ' N W WASHINGTON, D,C. 20006 THIRD PRINTING. MARCH 1987 43l2-1984 4 CONSTRUCTION CONTRACT Date: November 28, 20'17 Amount: $'100,000.00 Description (Name and Location): Digester 3 & 4 Cleanang/Project# 10866 X See Page 6 SURETY Company:Company: L Il llThe Contractor and the Surety, jointly and severally, bind themselves, their heirs, execulors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor; 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnilles and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notilied the Conlractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, lo the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed, and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectlyi and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, slating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 lf a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, wilh a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay o( arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this 8ond. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisry claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepling this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for lhe completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or olherwise have obligations to Claimants under this Bond. l0 The Surety hereby waives notice of any change, including changes of time, lo the Construction Contract or to related subcontracls, purchase orders and other obligations. 1l No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, ot (21 on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) flrst occurs. lf the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. '12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to lhe address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sutficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUiiEflr A312 . PERFORMANCE BONO AN0 PAYMENT aOND . DECEMBER 1984 ED . AIA ' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N,W , WASHINGTON. D C, 20006 THIRD PRINTING. IrIARCH 1987 A312-1984 5 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms 'labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipmenl used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15,2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Conslruclion Contract or to perform and complete or comply with the other terms thereof. When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, but not more than 120 days, notify the Claimant of the amounts that are undisputed and ihe basis for challenging any amounts that are disputed, including but not limited to, lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable time, but not more than '120 days, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page ) CONTRACTOR AS PRINCIPAL Company:(Corporate Seal) SURETY Company (Corporate Seal) Signature Name and Title Address: AIA DOCUMENT A3l2 . PERFORMANCE BONo AN O PAYMENT BOND . DECEI4BER 1984 EO ' AIA' THEAMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE ' N W, WASHINGTON, D C 20006 THIRD PRINTING . IIIARCH 1987 A312-1984 6 Signature: - Name and Title: Address: MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: NAS SURETY GROUP NORTH AMERICAN SPECIALry INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company. a corporation duly organized and existing under laws ofthe Slale ofNew Hampshire, and having its principalollice in the City ofManchester, New Hampshire, and Washington lntemational lnsurance Company. a corporation organized and existing under the laws ofthe State ofNew Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make. constitute and appoint: TERRY S. ROBB. WILLIAM F, POST. and MARY JAQUIER Its true and lawful Attorney(s)-in-Fact, to make, execute, scal and deliver, for and or1 its behalfand as its acl and deed. bonds or othe, writings obligatory in the nature ola bond on behalfofeach ofsaid Companies. as surety, on contracts ofsuretyship as are or may be required or permitted b) law, regulation. contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amounr of: FIFTv MILLIoN ($50,000,000.00) DoLLARS This Power of Attomey is granted and is signed by facsimile under and by the authority ofthe following Resolutions adopted by the Boards of Directors ofboth North American Specialty lnsurance Company and Washington Intemational lnsumnce Company at meetings duly called and held on the 96 ofMay, 2012: "RESOLVED, that any two ofthe Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assislant Vice President the Secretary or any Assistant Sec.etary be, and each or any ofthem hereby is authorized to execute a Power ofAttomey qualifying the attomey named in the given Power of Attorney to execute on behalfofthe Company bonds, undertakings and all contracls of surety, ald that each or any oflhem hereby is authorized to attest to the execution ofany such Power of Attomey and to attach therein the seal ofthe Company; and it is FURTHER RESOLVED, that the signalure ofsuch oflicers and the seal ofthe Company may be aflixed to any such Power of Attomey or to an) certificate relating thercto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future wilh regard to any bond. undertaking or contracl ofsurety to which it is atlached." Ilt Sl$Tn P. andcBor, S.nior Vi.. Pr6ldcni of*rrhlnlror l .rn.rlon.l lrruar.cConp.nr & S.nior vlc. P6id.nt oI Nonh Am.rl.rr Sp.rl.ltv lnrnrc.Comprnt 8\ JOINTLY OR SEVERALLY & S.nior Vi.. PBid . ol Nodh rlmri... Sp..i.lo lnrun... Conp.nt IN WITNESS WHEREOF, North American Specialty lnsurance Company and Washington Intemational lnsurance Company have caused their SEAI- official seals to be hereunto aflixed, and these presents to be signed by their authorized omcers this 2zlllday of Norlh Americrn Specialt) Insurance (lomprny \Vashington International lnsursnce Company September ,2015 M. Kctrny, Notlry Put'lic State oflllinois County ofCook On this 22nd dav of September , 2015 . before me, a Notary Public peEonally appeared --S19ye!-8.-4!d9!!q!L, Scnior Vice President of \\OFFCIAL SEAL M XENNY NOTANY PUBLIC, STAIE OF ITIINOS MY Co$M|S$ON EIP1RES 12.04/2017 ,.flo Cnldb.rs, vre P6i.k ! & AsBl&l Sdr.rry ol W.shrgro. l .h.to.tt InsuM.. Coopuy & Nonh Am.nce Sp6rllry lnsur ce Conpmy Washington lntemational lnsurance Company and Senior Vice President ofNorth American Specialty lnsurance Company and MichaelA. Ilo . Senior Vice President of Washington lntemational lnsurance Company and Senior Vice President ofNonh American Specialty lnsurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power ofAnomey as ofllcers ofand acknowledged said instrument to be the voluntary acl and deed oftheir respeclive companies. l, Jeffrev Goldbere . the duly elected Assistant Secretarv ofNo(h American Specialty Insurance Company and Washington lntemational Insu.ance Company, do hereby certiry that the above and foregoing is a true and corrEct copy ofa Power ofAftorney given by said North American Specialty lnsurance Company and Washington lntemational lnsumnce Company, which is still in lull force and efFect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this -Ldav of November ,20 l7 //*"-':' SEAL oiQo' CERTIFICATE NUMBER:2017-2018 t + COVERAGES REVISION NUMBER: DAIE IXI/DO/YYYY) rLlL7 / 2OL7 cate holder is an ADOITIONAL INSURED, rhe policy(ies) must bs ondorsed. lf SUBROGATION lS WAIVEO, subjoct to ths terms and conditions of the policy, certain polici€s may require an endorsemsnt, A stalament on this cortilicato does not confer rights to the certificatG holder in li6u of such endorsement(s) IMPORTANT: lf the certifi PROOUCER Poat Insurance Services, Inc. 2717 W. Bannoch St'. P. O. Box 84{7 Boi:a ID 9370? ITSUREO Pj.p€Iine Inglr€ction S€rvic€s, Inc Mad River D€welopment LLC PO Box 3023 Nampa ID 83653 rNsuRER(S) AFFOROTNG COVERAGE TNSURER A :Nauti lug Insurance Colnpany rNsuRER B Acuity TNSURERc:Idaho State Insuranc€ Fund INSURER O; INSURER E: IISURER F I fiI, No): ( 2oB) 34a-0651 L7370 1418 4 [ffi!"r. agalble0poatins . coto caDble 36-5600 fi!|[fcr mysr,ia lJ81"E.e,,r (2oB ) s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO IA/}IICH THIS CERTIFICATE MAY BE ISSUED OR I\4AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES Lll,,llTS SHOW\ MAY HAVE BEE REDUCED By pAtD CLAtMS. INSR ADOL SIJBRLiR TYPE OF Ii\SURANCE rNsp wD POLICY EFF POLICY E)(P IMIIi/DD/YYYYI IITIM/OO/YYYYI EACH OCCURRENCE I DImGETO RENTEO I PREMISES (E5 o.oir6nc6) 7/30/2011 1/3o/2018 MEo E (P (&!y d€ p€..o.t) 2, 00o, ooo 100, oo0 s,000 2, 000 , 000 a,000,ooo r,o00,000 ECP201a95411 5 s $ A $ x $ GENEFA! AGGREGATE PROOUCTS. COMP/OP AGG X COMMERCIAL GENERAL LIABILITY CLAIMS,MADE X OCCUR x EcPloo{,.8cP2001 GEN'L AGGREGqTE LIiIITAPPLIES PER pouc" x 5lc"j Loc OTHER PERSONAL A ADV INJURY I ALt O\M,IED I auros x_ xrneo autos x ca7214.CA7241 COMBINEO SINGTE LIMIT {E 4SCg{rrl EOOIIYINJURY (P€r p€.son) BoolLY INJURY (P€r acddri) PROPERTY OAMAGE(Pd.Ededl K98411 B x s x s $ AUIOMOBILE LIABILITY 't /30/20L7 7 /30/2OtBSCHEDULEO AUTOS NON,OVlNEO AUTOS x occua CLAIMS.I/IAOE 1, 00o, ooq 1, ooo, oooK9841! RETENTiON S $ $ $DEO I/1/ORKERS COMPENSATION AND EM PLOYERS' LIA6IIIIY ANY PROPRIETOR/PARINER,EXECUIIVE OFFICER/MEMBER EXCLUDED? EL EACHACCDET.TT jt E L, DISEASE. EA EMPTOYEE I E L DISEASE. POLICY LIMIT t 644591 x ER c 1/r/20r1 1/t/2OtA 1 000 STATUTE 0OFSCRIPTION OF OPFEATloN A Professional Li:rbility A Tlanspoltation lj.a.bility 8CP201895411 ECP201895411 1/30 /2011 7 /30 /2011 1, Ooo,ooo 1, ooo, ooo OESCRIPI1ON OF OPERAnONS / LOCATIONS / VEIIICLES (ACORD I O'1, Addlllq.l R.D..t. Sch.dol., n.y b. .n.ch.d t mo. !p.c. l. 6quhd) RE: Digoster 3 6 { Cl€anj.ng, Proj€ct *10856 CERTIFICATE HOLDER CANCELLATION (208 ) 887 -4 813 City of Meridian Purchasing Departeent 33 E Broadway, Ste 106 Meridia, ID 93642 SHOULD ANY OF THE ASOVE DESCRIAED POLICIES BE CANCELLED AEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DELIVEREO IN ACCORDANCE WTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATVE Alyshia Gamlcle/Ac A %a^'a' -&u^ ' L'z' - O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) lNS025 (2o14ol)tThe ACORO name and logo are registered marks of ACORD I CERTIFICATE OF LIABILITY !NSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE OOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEO REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLOER. I i 1,000,000 UMARELLA L|AA g X e,cass a " , EACH OCCURRENCE 7 /30/20:.1 7/30/20L8 accRFGArE 1,000,ooq 1, 000 , 000 ?/30/201s i,1,Cro,Coo A0Er.!6ro timit I ?/30/201s ia,cr@,Coo AlEr.lstc Limit I ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully 1 ADDITIONAL INSURED - BLANKET This endorsement modifies insurance provided under the following ENVIRONMENTAL COMBINED POLICY ln consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. I covenaces eARTS A AND B - GENERAL LtABtLtry I covenlce D - coNTRAcroRS poLLUTroN LrABrLrw SECTION lll - WHO lS AN INSURED is amended to include as an insured , with respect to Coverage A, B and D, any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such wriften contract or writlen agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement. Such additional insured status applies only: UNdET COVERAGE A BOOILY INJURY AND PROPERTY OAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured, or b. Your work performed for such person(s) or organizations(s) and included in the producE-complstsd operations hazard. 2 Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions that are the result of: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insuredi or b. Your work performed for such person(s) or organizations(s) and included in the products-completsd operations hazard. VMth resPect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organization(s) with which you have so agreed in a written contract or wrifien agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Page I of 1 Pipeline lnspection SeNic€s, lnc.Policy # ECP20189Y11 ECP 1004 08 16