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Bricon, Inc. Construction for Five Mile Pathway - James Court Sidewalk Widening City of • Purchasing Dept. Memo To: Chris Johnson, City Clerk From: Keith Watts, Procurement Manager CC: Kim Warren Date: 01/30/2020 Re: February 4th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 41h City Council Consent Agenda for Council's consideration. Approval of Construction Contract to Bricon, Inc. for the "Five Mile Pathway—James Court Sidewalk Widening" project for a Not-To-Exceed amount of$113,800.00. Recommended Council Action: Award of Contract to Bricon, Inc.for the Not- To-Exceed amount of$113,800.00 and authorize the Procurement Manager to sign the agreement and associated purchase orders. Thank you for your consideration. • Page 1 Meridian City Council Meeting Agenda February 4,2020— Page 198 of 298 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 1/29/2020 REQUESTING DEPARTMENT PARKS Project Name: Five Mile Pathway-James Ct.Sidewalk Widening Project Manager: Kim Warren Contract Amount: $113,800 Contractor/Consultant/Design Engineer: Contractor- Bricon, Inc Is this a change order? Yes ❑ No ❑✓ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 1 Budget Available(Purchasing attach report): Department 5200 Yes 0 No ❑ Construction 0 GL Account 93401 FY Budget: 2020 Task Order ❑ Project Number: 11126 Enhancement: Yes ❑ No 0 Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑✓ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑� No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes ❑ No 0 If no please state circumstances and conclusion: Lowest bid was deemed non-responsive as he wanted to self-perform electrical work which he was not licensed for. Date Award Posted: 1/22/2020 7 day protest period ends: January 29,2020 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License PWC-C-11823 Expiration Date: 7/31/2020 Corporation Status Active-Good Standin Insurance Certificates Received(Date): 1/24/2020 Expiration Date: 8/1/2020 Rating: A++ Payment and Performance Bonds Received(Date): 1/28/2020 Rating: A Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approved Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: January 30,2020 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Meridian City Council Meeting Agenda February 4,2020— Page 199 o Contract Request Checklist.5.24.2016.Final CONTRACT FOR PUBLIC WORKS CONSTRUCTION Five Mile Pathway —James Ct Sidewalk Widening PROJECT# 11126 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this day of February, 2020, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Bricon, Inc., hereinafter referred to as"CONTRACTOR", whose business address is 18050 N. Sophie PI. Nampa, ID 83687 and whose Public Works Contractor License # is C- 11823-AA-3-4 . INTRODUCTION Whereas, the City has a need for services involving FIVE MILE PATHWAY— JAMES CT SIDEWALK WIDENING; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1 .2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1 .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor Five Mile Pathway—James Ct Sidewalk Widening page 1 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 200 of 298 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 for the Not-To-Exceed amount of $113,800.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 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. Five Mile Pathway—James Ct Sidewalk Widening page 2 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 201 of 298 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be 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 set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5,2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. Five Mile Pathway—James Ct Sidewalk Widening page 3 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 202 of 298 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to Five Mile Pathway—James Ct Sidewalk Widening page 4 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 203 of 298 personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, 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. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds, or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 8.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 10. Bonds: Five Mile Pathway—James Ct Sidewalk Widening page 5 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 205 of 298 Payment and Performance Bonds are required on all Public Works Improvement 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 Idaho with a Best's rating of no less than A-. In 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. 11. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 12. 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. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 14. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall Five Mile Pathway—James Ct Sidewalk Widening page 6 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 207 of 298 return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 15. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 16. Reports and Information: 16.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 16.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 19_ Equal Employment Opportunity: Five Mile Pathway—James Ct Sidewalk Widening page 7 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 208 of 298 In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 20. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 23. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 24. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 25. Entire Agreement: Five Mile Pathway—James Ct Sidewalk Widening page 8 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 209 of 298 This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 26. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 27. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 28. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 29. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 30. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 31. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 32. Notices: Five Mile Pathway—James Ct Sidewalk Widening page 9 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 210 of 298 Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian BRICON, INC. Purchasing Manager Attn: Mark Brice 33 E Broadway Ave 18050 N. Sophie PI. Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-869-4827 Email: bricon1@msn.com Idaho Public Works License#11823-AA-3,4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BRICON, INC. Purchasing Approval BY: KEITH WATTS, Purchasing Manager Dated: Dated: Approved by Council Date: Project Manager Kim Warren Five Mile Pathway—James Ct Sidewalk Widening page 10 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 211 of 298 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-2010-11126 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-2010-11126, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Plans — E. James Court Sidewalk Widening by The Land Group dated 11/7/19 (11 pages) • Plan Acceptance Letter by ACHD dated 11/12/2019 (4 pages) Five Mile Pathway—James Ct Sidewalk Widening page 11 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 212 of 298 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $113,800.00. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 150 Days from Notice to Proceed Milestone 2 Final Completion 180 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the FIVE MILE PATHWAY— JAMES CT SIDEWALK WIDENING per IFB PKS-2010-11126 NOT TO EXCEED CONTRACT TOTAL....................... $113,800.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price Mobilization and demolition of existing 1 sidewalk, P&I new 10' concrete sidewalk with 1 LS $113,800.00 curb ramps and markings. Traffic control as required. Landscape repair not included. Five Mile Pathway—James Ct Sidewalk Widening page 12 of 12 Project 11126 Meridian City Council Meeting Agenda February 4,2020— Page 214 of 298 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 5290 - Parks and Recreation Construction Division 01 - General Fund From 10/1/2019 Through 9/30/2020 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 93401 Pathway development 118,000.08 0.00 118,000.08 100.00% 10134.d Five Mile Creek Trailhead 0.00 6,426.00 (6,426.00) 0.00% 10664 Lemp Canal / Larkwood 0.00 2,750.00 (2,750.00) 0.00% Pathway Connection 10664.b Lemp Larkwood Pathway 0.00 16,500.00 (16,500.00) 0.00% Fencing 10681 East James Ct Sidewalk 0.00 (24,845.03) 24,845.03 0.00% Widening Pathway Connection 11110 Pine Ave Pathway Rest Area 0.00 1.14 (1.14) 0.00% Carr... Carryforward 536,070.96 0.00 536,070.96 100.00% Total Capital Outlay 654,071.04 832.11 653,238.93 99.87% TOTAL EXPENDITURES 654,071.04 832.11 653,238.93 99.87% Date: 11/22/19 09:23:10 AM Meridian City Council Meeting Agenda February 4,2020- Page 215 of 298 Page: 1 Bond No. 4429641 =r� == Document A312TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business Bricon, Inc. Markel Insurance Company ADDITIONS AND DELETIONS: 18050 N. Sophie Place 4521 Highwoods Pkwy The author of this document has Nampa, ID 83687 Glen Allen,VA 23060 added information needed for its OWNER: completion.The author may also have revised the text of the original (Warne, legal status and address) AIA standard form.An Additions and City of Meridian Deletions Report that notes added 33 E. Broadway Avenue Meridian, ID 83642 information as well as revisions to the standard form text is available CONSTRUCTION CONTRACT from the author and should be Date:February 2020 reviewed.A vertical line in the left Amount: $ 113,800.00 margin of this document indicates Description: Project# 11126, Five Mile Pathway-James Ct. Sidewalk Widening where the author has added (Name and location)Meridian, Idaho necessary information and where the author has added to or deleted from the original AIA text. BOND This document has important legal consequences.Consultation with an Date:February 2020 attorney is encouraged with respect (Not earlier than Construction Contract Date) to its completion or modification. Amount: $ 113,800.00 Any singular reference to Modifications to this Bond: X None See Section 16 Contractor,Surety,Owner or other party shall be considered plural CONTRACTOR AS PRINCIPAL SURETY Markel Insurance Company where applicable. Company: (Corporate Seal) Company: (Cor al) Signature: -, A,— Signature: Name and rnARov C. 81ira Name and Jenae on,Attorney-In-Fact Title: 104ESZO&t.,I- Title: (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) Idaho Construction Bonding, LLC 6220 N. Discovery Way, Suite 120 Boise, ID 83713 1-208-955-0072 jenae@icbcompany.com Init. AIA Document A312T"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA'' Document is protected by U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIA' Document,or any portion of it,may result in 1 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software / at 14:08:56 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. U (3B9ADA48) User Notes: Meridian City Council Meeting Agenda February 4,2020- Page 216 of 298 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If 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 not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute 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 prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Document A3121"—2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'r' Document,or any portion of it,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:08:56 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. User Notes: (389ADA48) Meridian City Council Meeting Agenda February 4,2020— Page 218 of 298 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 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. §11 Any proceeding,legal or equitable,under this 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 a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §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 requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 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. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. Init. AIA Document A312——2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAQO Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA11 Document,or any portion of it,may result in 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:08:56 ET on 12/18/2018 under order No.5583303336 which expires on 0 912 7/2 0 1 9,and is not for resale. U (369ADA48) User Notes: Meridian City Council Meeting Agenda February 4,2020— Page 219 of 298 §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. AIA Document A312T"'-2010 Performance Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAI'Document is protected by U.S.Copyright law and international Treaties.unauthorized reproduction or distribution of this AIA`'Document,or any portion of it,may result in 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software t at 14:08:56 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. U (3B9ADA48) User Notes: Meridian City Council Meeting Agenda February 4,2020- Page 220 of 298 Additions and Deletions Report for AIA°Document A312TM —2010 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 14:08:56 ET on 12/18/2018. PAGE 1 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of bH4H& -,$)bt/siness Additions and Deletions Report for AIA Document A312TM-2010 Performance Bond.The American Institute of Architects.All rights reserved. WARNING:This AIA'='Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA'" 1 Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:08:56 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. User Notes: (389ADA48) Meridian City Council Meeting Agenda February 4,2020- Page 221 of 298 Certification of Document's Authenticity AIA®Document D401 - —2003 1,,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 14:08:56 ET on 12/18/2018 under Order No. 5583303336 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A312TM-2010,Performance Bond,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) Attorney-In-Fact (Title) January 27th,2020 (Dated) AIA Document D401 T"—2003.Copyright 01992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA-' Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:08:56 ET on 1 2/1 812 0 1 8 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. User Notes: (3B9ADA48) Meridian City Council Meeting Agenda February 4,2020— Page 222 of 298 Bond No. 4429641 TM S11i'MAIADocumentA312 - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business Bricon, Inc. Markel Insurance Company ADDITIONS AND DELETIONS: 18050 N. Sophie Place 4521 Highwoods Pkwy The author of this document has Nampa, ID 83687 Glen Allen,VA 23060 added information needed for its OWNER: completion.The author may also have revised the text of the original (Name, legal status and address) AIA standard form.An Additions and City of Meridian Deletions Report that notes added 33 E. Broadway Avenue Meridian, ID 83642 information as well as revisions to the standard form text is available CONSTRUCTION CONTRACT from the author and should be Date:February 2020 reviewed.A vertical line in the left Amount: $113,800.00 margin of this document indicates Description: Project# 11126, Five Mile Pathway-James Ct.Sidewalk Widening where the author has added (Name and location)Meridian, Idaho necessary information and where the author has added to or deleted from the original AIA text. BOND This document has important legal Date:February 2020 consequences.Consultation with an attorney is encouraged with respect (Not earlier than Construction Contract Date) to its completion or modification. Amount: $ 113,800.00 Any singular reference to Modifications to this Bond: X None See Section 18 Contractor,Surety,Owner or other party shall be considered piura'. CONTRACTOR AS PRINCIPAL SURETY Markel Insurance Company where applicable. Company: (Corporate Seal) Company: (Cor orate Seal) Signature: JveyylL&+ 1011�^N Signature: Name and ht►A/-w C. ACC Name and Jenae M.Se on,Attorney-In-Fact Title: f'x(irwco-t Title: (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Idaho Construction Bonding, LLC 6220 N. Discovery Way, Suite 120 Boise, ID 83713 1-208-955-0072 jenae@icbcompany-com Init. AIA Document A312T"—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAx Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA= Document,or any portion of it,may result in 1 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software t at 13:57:59 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. U (389ADA4E) User Notes: Meridian City Council Meeting Agenda February 4,2020— Page 223 of 298 n §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under 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 Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312T —2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAx Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:57:59 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. User Notes: (389ADA4E) Meridian City Council Meeting Agenda February 4,2020— Page 225 of 298 §10 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 the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. §11 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. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)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)first occurs.If 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. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. §14 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 requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 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 Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.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 equipment 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. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. loll AIA Document A312T —2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIAx Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA`= Document,or any portion of it,may result in 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software / at 13:57:59 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. User Notes: (3139ADA4E) Meridian City Council Meeting Agenda February 4,2020- Page 226 of 298 §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: [nit. AIA Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This AIA11 Document is protected by U.S.copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law,This document was produced by AIA software t at 13:57:59 ET on 12/18/2018 under Order No.5583303336 which expires on 09/2712019,and is not for resale. U (3B9ADA4E) User Notes: Meridian City Council Meeting Agenda February 4,2020- Page 227 of 298 Additions and Deletions Report for AIA°Document A312Tm —2010 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:57:59 ET on 12/18/2018. PAGE CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of bmsimesobusiness Additions and Deletions Report for AIA Document A312TM—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING: This AiA''r Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document, 1 or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:57:59 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. User Notes: (3139ADA4E) Meridian City Council Meeting Agenda February 4,2020— Page 228 of 298 Certification of Document's Authenticity AIA®Document D401 - —2003 I,,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:57:59 ET on 12/18/2018 under Order No. 5583303336 from AIA Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of AIA11 Document A312TM-2010,Payment Bond,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) Attorney-In-Fact (Title) January 27th, 2020 (Dated) AIA Document D401 T"—2003.Copyright©1992 and 2003 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA, Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 13:57:59 ET on 12/18/2018 under Order No.5583303336 which expires on 09/27/2019,and is not for resale. User Notes: (3139ADA4E) Meridian City Council Meeting Agenda February 4,2020— Page 229 of 298 POAff 1210005 Markel Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents,That MARKEL INSURANCE COMPANY(the"Company"),a corporation duly organized and existing under the laws of the State of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint Jenae M.Sexton its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings of other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Fifty Million and 00/100 Dollars($50,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution of the Board of Directors of Markel Insurance Company: RESOLVED, that the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary or Assistant Treasurer shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for on behalf of the Company,subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney- in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Secretary. FURTHER RESOLVED,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. In Witness Whereof,MARKEL INSURANCE COMPANY has caused these presents to be signed by its Senior Vice President,and its corporate seal to be hereto affixed this 27th day of June ,2019 MARKEL INSURANCE'tOMPANY Commonwealth of Virginia By:_ c F Henrico County Robin Russo,Senior Vice President On this 27th day of June 2019 before me personally came Robin Russo,tome known,who being by me duly sworn,did depose and say that he resides in Henrico County,Virginia,the he is Senior Vice President of MARKEL INSURANCE COMPANY,the company described in and which executed the above instrument; that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. U pnr'Nr,Y•..; Ca, '..:) ::ifiil;a ey. - NcEar r'ufrlle,State of:etas Casey Gauntt,Notary Public +; crory l i #122�ri 3&0 My Curmussfor: , J March 30,�21 1,Richard R.Grinnan,Vice President and Secretary of MARKEL INSURANCE COMPANY,do hereby certify that the above and foregoing is trt;e ano correct Eopy of_a Power of Attorney,executed by said Company,which is still in full force and effect;and,furthermore,the resolutions of the Board of Directors,set ou11n the Pow& of Attorney are in full force and effect. -7, Given under my hand and the seal of said Company at Glen Allen,Virginia this day of (/�+�. -- ,r By; Richard R.Grinnan, Vice President and Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity.1210005 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Meridian City Council Meeting Agenda February 4,2020— Page 230 of 298 ® /Y E(MM/DDYYY) A��� CERTIFICATE OF LIABILITY INSURANCE 71/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jo Colombo Fuhriman Insurance PHONE FA A/C,No,Ext: (A/C,No): 208 327-3400 (208)327-3462 9603 W Chinden Blvd ADDRESS: j0@fuhrimanins.com INSURER(S)AFFORDING COVERAGE NAIC# Boise ID 83714 INSURER A: Auto Owners Insurance 18988 INSURED INSURER B: BriCon Inc INSURER C: 18050 N Sophie PI INSURER D: INSURER E: Nampa ID 83687 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 UL CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 50,000 UAIV MED EXP(Any one person) $ 5,000 A Y 57525403 08/01/2019 08/01/2020 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A ALL AUTOS AUTOS X AUTOSSCHEDULED 48525403-00 08/01/2019 08/01/2020 BODILY INJURY(Per accident) $ NON-OWNED X HIRED AUTOS X AUTOS (Per accident) $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION - AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Installation Floater Limit $ 30,000 A Rented/Leased Equipment 57525403 08/01/2019 08/01/2020 Limit $ 58,000 nP�„rr;hel snn DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#11126 Five Mile Pathway-James Ct Sidewalk Widening City of Meridian is listed as Additoonal Insured with regards to General Liability CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Meridian ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 33 E Broadway Ave,#106 /I Meridian ID 83642 L ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) 262WOPPge 232 of 298 ® /Y E(MM/DDYYY) A��� CERTIFICATE OF LIABILITY INSURANCE 71/24/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jo Colombo Fuhriman Insurance PHONE FA A/C,No,Ext: (A/C,No): 208 327-3400 (208)327-3462 9603 W Chinden Blvd ADDRESS: jo@fuhrimanins.com INSURER(S)AFFORDING COVERAGE NAIC# Boise ID 83714 INSURER A: Idaho State Insurance Fund 36129 INSURED INSURER B: BriCon Inc INSURER C: 18050 N Sophie PI INSURER D: INSURER E: Nampa ID 83687 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ UAIMA MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑PRO ❑LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER X STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 100,000 A OFFICER/MEMBER EXCLUDED? N/A 618736 lO/Ol/2019 lO/Ol/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#11126 Five Mile Pathway-James Ct Sidewalk Widening CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Meridian ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 33 E Broadway Ave,#106 /l Meridian ID 83642 L @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) T �{28tp�*6@II�M@@flrf�c�@@tf�tul�ik1;Pbff-OPPge 233 of 298 eTRAKiT Page 1 of 1 Home Setup an Account I Log In Licensee v Usemame Password LOGIN ❑REMEMBER ME Forgot Password Permits Search Permit Public Works Search p Search Again Download Results Printable View Pay Fees Company Name License Number Work Category(s) License Type License Class Status Licenses BriCon,Inc. PWC-C-11823 00003,02855,02740,03300,03200,02220,02310 3,4 AA ACTIVE Search Trade Licenses Search Public Works Pay Fees Inspections Firct Pr—, Page:1 of 1 Nex as Schedule Cancel Details-License Number: PWC-C-11823 Elevators Lic Info Fees$3,826 969 Search Elevators Violations Registration#: PWC-C-11823 Search Shopping Cart Issue: 7/16/2019 Pay All Fees Expire: 7/31/2020 Paid Items Type: PUBLIC WORKS Contact Contact us Sub-Type: AA Status: ACTIVE Company: BriCon,Inc. Phone: (208)888-3746 Cell: (208)869-4827 Pager: Fax: (208)884-3087 Owner Name: Linked Activities: L 1 Case(s) PWCL09-0005 ADMIN ASSESSMENT WARNING 171 Permit(s) BLD1607-00029 BUILDING FINALED The Division of Building Safety,makes every effort to produce and publish the most current and accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use,or its interpretation.Utilization of this website indicates understanding and acceptance of this statement. https://www.idaho.gov/about-us/privacy-policy/ 1-800-955-3044,1090 E Watertower St,Suite 150 Meridian ID 83642 HOME I CONTACT Meridian City Council Meeting Agenda February 4,2020— Page 234 of 298 https://web.dbs.idaho.gov/etrakit3/Custom/Idaho_PublicWorksSearchRslts.aspx 1/30/2020 Search I Idaho Secretary of State Page 1 of 1 IDMO Login Secretary of State's Office Home Business Search Search briconIF Q Advanced v Results: 1 Form Info Status Filing Date Agent He BRICON, INC. (528738) > Active-Good 08/20/2007 MARK General Business Standing BRICE Corporation(D) ©2020 ID Secretary of State Meridian City Council Meeting Agenda February 4,2020- Page 235 of 298 https:Hsosbiz.idaho.gov/search/business 1/30/2020 E IDIAN.,------- BID RESULTS ddfddfd BID NAME: Five Mile Pathway-James Ct Sidewalk Widening DUE DATE &TIME: January 21, 2020 2:30 BID NUMBER: PKS-2010-11126 E c o m w VENDOR BID AMOUNT rn a m U) Hawkeye Builders X X X X X $221,807.50 Bricon, Inc. X X X X X $113,800.00 Winspear Construction X X X O O Non-Responsive 208 Northwest Construction X X X X O Non-Responsive Blue Sky Construction X X X X X $275,551.12 CRC Design Build Systems X O X X X Non-Responsive Paul Construction X X X X X $283,000.00 Opened by: Sandra Ramirez Attest: Kiimberly Warren Meridian City Council Meeting Agenda February 4,2020— Page 237 of 298 eTRAKiT Page 1 of 1 Home Setup an Account I Log In Licensee v Usemame Password LOGIN ❑REMEMBER ME Forgot Password Permits Search Permit Public Works Search p Search Again Download Results Printable View Pay Fees Company Name License Number Work Category(s) License Type License Class Licenses C Systems Inc dba JRM Construction 036328 00003,16700,16000,01107,13800 3,4 C Search Trade Licenses Search Public Works Pay Fees Inspections Firct Pre Page:1 of 1 Nex ast Schedule Cancel Details-License Number: 036328 Elevators Lic Info Fees$255.00 Search Elevators -- Violations Registration#: 036328 Search Shopping Cart Issue: 7/16/2019 Pay All Fees Expire: 7/31/2020 Paid Items Contact Type: PUBLIC WORKS Contact us Sub-Type: C Status: ACTIVE Company: C Systems Inc dba JRM Construction Phone: (208)576-4620 Cell: (208)649-4235 Pager: Fax: Owner Name: —I Linked Activities: W Sub AEC Record(s) 035584 ELECTRICAL PO BOX 2241 The Division of Building Safety,makes every effort to produce and publish the most current and accurate information possible.No warranties,expressed or implied,are provided for the data herein,its use,or its interpretation.Utilization of this website indicates understanding and acceptance of this statement. https://www.idaho.gov/about-us/privacy-policy/ 1-800-955-3044,1090 E Watertower St,Suite 150 Meridian ID 83642 HOME I CONTACT Meridian City Council Meeting Agenda February 4,2020— Page 236 of 298 https://web.dbs.idaho.gov/etrakit3/Custom/Idaho_PublicWorksSearchRslts.aspx 1/30/2020