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Independent Contractor Agreement with Cascade Pipeline for Sewer Line Replacement Site 14AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES SEWER LINE REPLACEMENT - SITE 14 PROJECT # 10413.a THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 6th day of May, 2014, 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 CASCADE PIPELINE CORPORATION, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 1135, Meridian, ID 83680 and whose Public Works Contractor License # is C- 13771 -AAA -1-2. 1=191 IRU Whereas, the City has a need for services involving SEWER LINE REPLACEMENT - SITE 14; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement 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 Attachment "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, SEWER LINE REPLACEMENT - SITE 14 page 1 of 11 Project 10413.a state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis 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 Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $51,267.50. 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 Attachment A. SEWER LINE REPLACEMENT - SITE 14 page 2 of 11 Project 10413.a 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment 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. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60(sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred fifty 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 below for Substantial Completion. Substantial Completion shall be accomplished within 45 (forty five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty 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. ANTICIPATED PROJECT SCHEDULE March 24, 2014 Bid Advertised April 4, 2014 Last Date to submit questions April 7, 2014 Addendum Issued (if needed) April 10, 2014 Bid Opening May 6, 2014 Council Award May 7, 2014 Notice to Proceed May 9, 2014 Pre -Construction Conference June 21, 2014 Milestone 1 — Sewer Line — Substantial Completion July 6, 2014 Milestone 2 — Sewer Line — Final Completion 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 SEWER LINE REPLACEMENT - SITE 14 page 3 of 11 Project 10413.a 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 Attachment 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. 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. SEWER LINE REPLACEMENT - SITE 14 page 4 of 11 Project 10413.a 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY 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 Aoreement, 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 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. 6.2 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. 6.3 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. SEWER LINE REPLACEMENT- SITE 14 page 5 of 11 Project 10413.a 6.4 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. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: 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. 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. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian CASCADE PIPELINE CORPORATION Purchasing Manager Attn: John L McNatt 33 E Broadway Ave P O Box 1135 Meridian, ID 83642 Meridian, ID 83680 208-888-4433 Phone: 208-895-0286 Email: cascadeC@cascadepipelinecornoration.com Idaho Public Works License #C-1 3771 -AAA-1 -2 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. 10. 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. SEWER LINE REPLACEMENT- SITE 14 page 6 of 11 Project 10413.a 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. 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. 13. Discrimination Prohibited: 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. 14. Reports and Information: 14.1 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. 14.2 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. 15. 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 CITYto 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. 16. 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. 17. 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. SEWER LINE REPLACEMENT - SITE 14 page 7 of 11 Project 10413.a 18. 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. 19. 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. 20. 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. 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. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. 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. SEWER LINE REPLACEMENT- SITE 14 page 8 of 11 Projed 10413.a 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: G GC �l , 2 �AAivHvl'F-d , C[np�/2ou✓rfYu, �ouncI / nl;dt.�r Dated: 5- /3 -/L/ Approved by Council: , CITY CLERK Dated: y Purchasing App oval BY: KEIT TS, PuKcEaeing Manager Dated:: s SEWER LINE REPLACEMENT- SITE 14 Project 10413.a —Department Approval BY: %— ARREN STEWART, Engineering Manager Dated:: page 9 of 11 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -14-10413.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -14-10413.a, are by this reference made a part hereof. SEWER LINE REPLACEMENT - SITE 14 page 10 of 11 Project 10413.a Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $51,267.50. - — MILESTONE DATESLSCHEDULE Milestone 1 Substantial Completion 45 (forty five) days Milestone 2 Final Completion 60(sixty) days PRICING SCHEQULE - = = _ Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SEWER LINE REPLACEMENT - SITE 14 per IFB PW -14-10413.a CONTRACT TOTAL ....................... CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. _ = Bd�chedul� Item No. Description Qnty Unit Unit Price 201.4.1.C.1 Removal of Obstructions 1 LS $750.00 201.4.1.G.1 Remove and Reset Fence 60 LF $25.00 205.4.1.6.1 Dewatering 1 LS $500.00 306.4.1.13.1 8" Minus Uncrushed Aggregate 30 TON $21.00 307.4.1.A.1 Surface Repair - Natural Ground 107 LF $20.00 307.4.1.6.1 Surface Repair -Type P 362 LF $27.00 501.4.1.0.1 Gravity Sewer Pipe - 8" PVC (includes excavation, bedding, backfill, etc.) 461 LF $36.00 501.4A.C.1 CCN Inspection - 8" (new pipe) 461 LF $2.50 502.4.1.A.1 Sanitary Sewer Manhole -48" Type A 3 EA $1,800.00 504.4.1.A.1 Service Line - 4" 7 LF $ 25.00 507.4.1.F.5 Reconnect Service Line 6 EA $ 500.00 507.4.1.K.1 Sewage Flow Control 1 LS $ 100.00 507.4.11.1 Abandon Existing Sewer In -Place 465 LF $ 2.00 507.4.1.M.1 Abandon Manhole 2 EA $500.00 507.4.1.N.1 Abandon Clean-out 1 EA 150.00 706.4.1.A.5 Std. 6 inch Vertical Curb and Gutter Remove & Replace 7 LF 50.00 706.4.1.A.5 Std. 6 inch Vertical Curb (No Gutter) Remove & Replace 86 LF 20.00 1101.4.2.A.1 Staging Area 1 LS 500.00 1103.4.1.A.1 Construction Traffic Control 1 LS 500.00 2010.4.1.A1 Mobilization (5% Max.) 1 LS 2,500.00 SP -2102.4.1.A.1 Construction Coordination 1 LS 500.00 SP -2216.4.1.A.1 I Stormwater Management 1 LS 500.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. SEWER LINE REPLACEMENT - SITE 14 page 11 of 11 Project 10413.a CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: REQUESTING DEPARTMENT PUBLIC WORKS Fund: 60 Department: 3590 GL Account: Construction: X 95000 Project # PSA: Task Order: Project Name: SEWER LINE REPLACEMENT - SITE 14 - CONSTRUCTION Project Manager: JOHN BOYD Department Representative: Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? 10413.a YES CASCADE PIPELINE / JUB Contract Amount: $51,267.50 Yes No x Budget Information: FY Budget: FY14 Enhancement#: Grant#: Other: Type of Grant: BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) YES (Ratings Attached) (Category) Typical Award Yes X No Bid No: Bid Opening Date: If no please state circumstances and conclusion: 10 Day Waiting Period Complete: April 20, 2014 Date Award Posted: PW License # c-13771-aaa-1-2 Current? (attach print out) Corporation status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): April 22, 2014 Rating: Payment and Performance Bonds Received (Date): April 28, 2014 Rating: A Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? Date Submitted to Clerk for Agenda: Issue Purchase Order No. Issue Notice of Award: Date: May 1, 2014 Date Issued: Approved by Council WH5 submitted NTP Date: 10, 2014 Correct Category? A ------ Public Contractor Search — ( PERMrrS_ LICENSE i PUBLIC WORKS _VIOLATIONS --� ELEVATORS Public Works Search P Search Main Download Results Printable View Comoanv Name License Number Work Category(s) License Type License Class Status Cascade Pipeline Corporation PWC -C-13771 _100001, 00002 j 1,2 AAA ACTIV i -First Prev-] Page:l ori L [Las1_I - Details- License Number: PWC -C-13771 --- -- —------- ---- -------- Lie Info Registration#: PWC -C-13771 Issue: 7/26/2013 Expire: 7/31/2014 Type: PUBLIC WORKS Sub -Type: AAA Status: ACTIVE Comp/Name: Cascade Pipeline Corporation Addressl: PO Box 1135 City, Slate, Zip: MERIDIAN, ID 83680 Phone: (208) 895-0286 Cell: (208) 941-2547 Pager: Fax: (208) 898-0144 Owner Name: Home I CONTACT US Pwmmd by �t'��SYS7EMS https://data.dbs.idaho.gov/Etrakit2/Idaho PublieWorksSearchRslts.aspx 4/10/2014 IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CASCADE PIPELINE CORPORATION ] CASCADE PIPELINE CORPORATION PO BOX 1135 MERIDIAN, ID 83680 1135 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, 2ND AR NOTICE SENT 01 Aug Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 14 Aug 2013 Original Filing: [ Heli) Me Print/View TIFF ] Filed 06 Jul 2000 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: 2013 State of Origin: IDAHO Date of 06 Jul 2000 Origination/Authorization: View Image Initial Registered Agent: JOHN L MCNATT 645 COUGAR DR COMPANY, INC. MERIDIAN, ID 83646 Organizational ID / Filing C134678 Number: (PDF format) Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 14 Aug 2013 Original Filing: [ Heli) Me Print/View TIFF ] Filed 06 Jul 2000 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: PIPELINE CORPORATION Amendment Filed 13 Sep 2002 OTHER - View Image (PDF format) View AMEND Image (TIFF format) ARTICLE IV Annual Reports: [ Helo Me Print/View TIFF ] Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/C134678.html 4/10/2014 [ Helo Me Print/View TIFF ] Amendment Filed 18 Jul 2000 NAME CHANGED TO View Image (PDF format) RAINIER View Image (TIFF format) CONSTRUCTION COMPANY, INC. Amendment Filed 23 Apr 2001 NAME CHANGED View Image (PDF format) TO CASCADE View Image (TIFF format) PIPELINE CORPORATION Amendment Filed 13 Sep 2002 OTHER - View Image (PDF format) View AMEND Image (TIFF format) ARTICLE IV Annual Reports: [ Helo Me Print/View TIFF ] Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/C134678.html 4/10/2014 Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Idaho Secretary of State's Main Page View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF formes View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfoObsos.idaho.gov http://www.accessidaho.org/public/sos/corp/C134678.html 4/10/2014 CASCA-3 OP ID: TC ,a`oRo' CERTIFICATE OF LIABILITY INSURANCE DATE/22/2014 04/22/2014 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(les) 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 endorsements). PRODUCER Higgins & Rutledge Insurance 1661 Shoreline Dr., Suite 100INC.No, Boise, ID 83702 Tracy L. Forsythe, CIC NAMEACT Tracy L Forsythe, CIC PHONE FAX EXf:208-343-7741 ac No: 208-343-9371 nooa,as: info@higginsrutledge.com INSURER(S) AFFORDING COVERAGE NAIC# 03/01/2014 INSURER A:WeStern National Assurance Co. 24465 EACH OCCURRENCE $ 1,000,00 INSURED Cascade Pipeline Corporation P0Box 1135 INSURER a: State Insurance Fund PERSONAL B ADV INJURY $ 1,000,00 Meridian, ID 83680 INSURER C: INSURER D; PRODUCTS AGO $ 2,000,00 INSURER E: A INSURER F: CA NonRes LIC #0505246 LIABIUTY ANY AUTO ALL ORMED SCHEDULED AUTOS AUTOS NOR" MED HIRED AUTOS AUTOS 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. /NSR LTR TYPE OF INSURANCE DOL BR POLICY NUMBER POLICY EFF MIWDD/yYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIARIUTY CLAIMS MADE I X I OCCUR X CPPI088768 03/01/2014 03/01/2015 EACH OCCURRENCE $ 1,000,00 PREMISES Eaocmnence $ 100,000 MED EXP (Any one person) $ 5,00 PERSONAL B ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATELIMIT APPLIES PER' POLICY X PRO LOC PRODUCTS AGO $ 2,000,00 $ A AUTOMOBILE X LIABIUTY ANY AUTO ALL ORMED SCHEDULED AUTOS AUTOS NOR" MED HIRED AUTOS AUTOS CPPI088185 03101/2014 03/01/2015 (CEO, MBNEDSINGLE LIMIT $ 1,000,00 BODILY INJURY(Perpereon) $ ermc ) BODILY INJURY (Pdens $ PROPERTY DAMAGE $ PER ACCIDENT A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE UMB1014742 03/01/2014 03/01/2015 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,00 DED I X I RETENTIONS 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERECUTIVE YIN ff OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) /lyes, desmbe under DESCRIPTION OF OPERATIONS below NIA 591223 10101/2013 10/01/2014 VdCSTATU- TH- TORY LIMIT PER EL. EACH ACCIDENT $ 600,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach ACORD 101, AddRional Remarks Schedule, if more space Is required) RE: Sewer Line replacement - site 14 CITMERI City of Meridian 33 East Broadway Ave. Meridian, ID 83642-2619 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WN GL 49 01 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to in- clude as an additional insured any person or organ- ization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or organ- ization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insur- ance are inclusive of, and not in addition to Limits of Insurance shown in the Declarations. C. With respect to the insurance afforded to these ad- ditional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or en- gineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. D. As respects the coverage provided under this en- dorsement, Paragraph 4.b. of the Other Insurance Condition is deleted and replaced by the following: 4. Otherinsurance b. Excess Insurance This insurance is excess over any other in- surance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless the written con- tract or agreement described in A. above specifically requires that this insurance be provided on either a primary basis or a pri- mary and noncontributory basis. WN GL 49 01 09 Includes copyrighted material of Insurance services Offices Inc. with its permission. Page 1 of 1 POLICY NUMBER: CPP 1084264 00 COMMERCIAL GENERAL LIABILITY WN GL 50 03 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations PER WRITTEN CONTRACT OR AGREE- PER WRITTEN CONTRACT OR AGREEM MENT WHERE YOU AGREED TO NAME ENT A PARTY OR PARTIES AS ADDITIONAL INSURED(S) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "prod- ucts -completed operations hazard". B. The Limits of Insurance applicable to the addition- al insured are those specified in the written con- tract or written agreement or in the Declarations of this policy, whichever is less. These Limits of In- surance are inclusive of, and not in addition to Limits of Insurance shown in the Declarations. C. As respects the coverage provided under this en- dorsement, Paragraph 4.b. of the Other Insurance Condition is deleted and replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insur- ance naming the additional insured as an in- sured whether primary, excess, contingent or on any other basis unless the insured and such person(s) or organization(s) named in the Schedule have specifically agreed in a written contract or agreement to provide this insurance on either a primary basis or a pri- mary and noncontributory basis. WN GL 50 03 11 Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 Of 1 Bond No 67S201511 Payment Bond CONTRACTOR: (Nance, legal slatrs and address) C-OP4 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Cascade Pipeline Corporation PO Box 135 Meridian Idaho 83680 OWNER: (Yance, legal stains and oddness) City of Meridian 33 East Broadway Ave Meridian Idaho 83642 CONSTRUCTION CONTRACT Date: 5/6/2014 Amount: $51,267.50 SURETY: (_None, legal status and principal place of business' The Ohio Casualty Insurance Company 24001 E Mission Ave Liberty Lake, Washington 99019 Description: Nance and localion) Sewer Line Replacement -Site 14 Project No 10413.a BOND Date: 5/6/2014 (Arol earlier liar Construction Contract Date) Amount: S 51,267.50 Modifications to this bond: ® None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Cascade Pi rporati Sires Name and Title. ❑ See Section 18 SURETY Company: (Corporate Seal) The Ohio Casually Insurance Company Signatur Name Staci L Jayo-Attorne n -Fact and Title: (4,ny additional signatures appear on the last page of tris Paynrenr Bond) (FOR IA'FORMA TION ONLY —,Fame, address and telephone) AGENT or BROKER: Higgins & Rutledge Ins PO Box 8567 Boise, Idaho 83707 208-343-7741 S-21491GE 8110 OWNER'S REPRESENTATIVE: (lrchhecl. Engineer or olher parry:) This document has important legal consequences_ Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. § 1 The Contractor and Surety.jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pav for labor, materials and equipment furnished for use in the perfomnance of the Construction Contract, which is incorporated herein by reference subject to the following terms. § 2Ifthe Contractor promptly makes payment of all suns due to Claimants, and defends, indemnifies and holds harmless the Owner from claims demands, liens or snits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance oftne Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default tinder the Construction Contract, the Sin ety'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 Owners 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 lendered claim, demand, lien or soil. § 5 The Surety's obligations to a Claimant under this Bead shall arise after the following: § 5.1 Claimants. who do not have a direct contract with the Contractor .1 have furnished a written notice ofnon-payment to the Contractor, slating 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 sen( a Claim to the Sureh• (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). § 61f a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sullicient to satisfy a Claimant's obligation 10 furnish a written notice of non-payment tinder Section 5.1.1. § 7 When a Claimant has satistied the conditions of Sections 5.1 or 5 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 ager receipt of the Claim, slating 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 he due and owing to the Claimant. § 6 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 Owners priority to use the funds for the completion of the work. 5-2149/GE 8/10 § 10 The Surely 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 pay local 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 Surely hereby waives notice of any change, including changes of time, to the Construction Contractor to related subcontracts, purchase orders and outer obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the stale 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 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 thejurisdiction of the suit shall be applicable. § 13 Notice and Claims to (he Suretv, the Owner or the Contractor shall he mailed or delivered to the address shown on the page on which [heir 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 hcrefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished. the intent is that [his Bund 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 n potential bene6ciary 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 or 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 famished 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 dale 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 famished as of the date of file Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontraclor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The tern 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. 1'Itc 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. S-21491GE 8110 § 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 bchvecn the Cnvucr and Contractor. § 17 If this Bond is issued for an agreement behveen 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: (.Space is provided helmv for additional signatures ofadded parties, other Man those appearing on dre caver page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporals Seal) Company: (Corporate Sea!) Signature: Name and Address S-21491GE 8110 Signature: Name and Title: Address Bond No 67S201511 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: Name, legal status mrd address) Cascade Pipeline Corporation PO Box 1135 Meridian Idaho 83680 OWNER: (Name, legal sfalus and address) City of Meridian 33 E Broadway Ave Meridian Idaho 83642 CONSTRUCTION CONTRACT Datc:5/6/2014 Amount $ 51,267.50 SURETY: (Name. legal status and principal place of business) The Ohio Casualty Insurance Company 24001 E Mission Ave Liberty Lake, Washington 99019 Description: (Nance and localion) Sewer Line Replacement -Site 14 Project No 10413.a This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND Datc:516/2014 (Not earlier than Construction Cmetract L)ate) Amount $ 51,267.50 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corpora al) Company: (Corporate Seal) Cascade Pipe a Corporati The Ohio Casuuaaalltt-yJ InAsu�rance Company Signalu � Signature: O/ �•C.2�c.�� �t /I/ .7/ ) Nance and Ti11e: ��UK e� r Name Staci L Jayo-Attorney-In-Fact and Title: (Any additional signalures appear on Ibe last page of Uris Perfurnrauce Bund;) (FOR XFORMATIO N ONLY Nance, address and Islephmze) AGENT or BROKER: Higgins & Rutledge Ins PO Box 8567 Boise Idaho 83707 208-343-7741 S-18521GE 8110 OWNER'S REPRESENTATIVE: (Archileer, Engineer or otherparryr) § 1 The Conhxotor and Surely, jai idly and severally, bind themselves, Iheir heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 I 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 I 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 Contractors performance. If the (honer does not request a conference, the Surety may, within five (5) business days atter receipt of the Owners 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 DefatdC terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Dalanec of the Contract Price in accordance with the terms of the Construction Contract to the Surety or 10 a conhactor 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 Surely's obligations, or release the Surely from its obligations, except to the extent the Surety denronshates 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 or 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 C011alnlehell Contract, arrange for a contract to be prepared Cor execution by the Owner and a contractor selected with the Owters 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 wi lit reasonable promptness under the circumstances: .1 After investigation, delermine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to file 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 time 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. 5-1852/GE 8/10 § 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibili lies of the Surely to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surely shall not be greater than those of the Owner under the Construction Contract. Subject to the coin mitment by the Owner to pay the Balance of the Contract price, the Surety is obligated, wnthout 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 Surely 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 f f the Surely elects to act under Seclion 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 our 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 j urisdiction 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 thejurisdiction of the snit 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 herefiom 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 statulory 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. § 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. S-1852JGE 8110 § 16 Modifications to this bond are as follows_ (.Space is provided helou, for additional ,signatures ofadded parties, other than those appearing on die cover paged CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Namc and " Address Address 5-18521GE 8/10 (Corporate Seal) THIS POWER OF ATTORNEY IS NOT VALID. UNLESS IT IS PRINTED ON RED BACKGROUND. This povver of Attorney limits the acts of those named herein, and they have no authorltyto,bind the Companyexcept in the manner and to the extent herein stated. - - _. Certificate No."Metes -American Fire and Casualty Company Liberty Mutual Insurance Company - The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casually Insurance Company are corporations duly organized under the laws of the Stale of New Hampshire that Liberty Mutual Insurance Company is a corporalionduly organized under the lawsoflhe Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called Itis "Companies`), pursuant to ono by authodly herein set forth, does hereby nam, -constitute - and appoint, Gad A Johnson Greg Swenson Rodney A Hrooins Staci L. JavaTrabV L Forsythe v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o J aXeculed such instruments shall be as binding as if signed by the president and aft6ed by the secrelary. O O Certificate of Designation - The President of the Company, acting pursuant to .the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such -attomeys m fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as: surety any and all undertakings,. bonds, recognizances and other surely obligations. - Authorization -. By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified cepy of ahy power of attomey issued by the CompaOy m connec}ion with surety bonds shall be valid and binding upon the Company with. the same force and effect as though manually affixed.. _ 1, David M. Carey, the undersigned, Assistant Secretary, ofAmedcan Fire and Casuahy Core any, Ohio Casualty Insurance Company Liberty Mutual Insurance Company, and West American Insurance Company do. hereby ceddythat the odginal powerof attomeyofwhich the foregoing is a full, true and coned copy of the Power ofAfiomey executed by said Companies, is in full force and effect and has mil been revoked._ IN TESTIMONY WHERCOF r ha,e bereunto set my hand and affixed the seals of said Companies this day of , 2 J 111Y By. David M. Carey Assrs[anl Secretary 40 of 100- - LMS_12873_ 092012 - - all ofthe city of Boise - stale of ID -- each individually if there be more than one named, itsWe and lawru} attomey in fact to make execute, seal, acknowledge' and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, moognizances and other surety obligations,, In pursuance of these presents and shall be as binding upon the Companies as if they have, been duly signed by the president and attested by the secrelary of the Companies in their own proper persons,_ - IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate -seals of the Companies have been affix }hereto this 151h- day of October - 2013 s American Fire and Casualty Company , � % ' • The Ohio Casualty Insurance Company H p t'r ' Liberty Company ti libMl I oi l c ' int c 1 r West dpi S > ( American Insurance Company BY:_ STATE OF WASHINGTON ss- - - - Gregory... DavenportAssistant Secretary -. C COUNTY OF KING - - - - - - - - - m c On this 151h day of October 2013; before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American M O Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casually Company; and West Amedcan Insurance Company, and that he, as such, being aulhodzed so to do, T, ) execute the foregoing instrument for the purposes therein contained by signing on behalf of the: corporations by himself as a duly authorized officer. N W. - IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal al Seattle, Washington, on the day and year first above written. - C.E. p:C - p' , r By: FiL.Jli1.,�Ga•--, - O - 0 - - KD Riley NotJ4 Public- r- n°0 E This PowerofAltomey is made and executed pursuant to and by aulhodty of the following Bylaws andAuthonzahons ofAmedcan Fire and Casually Company, The Ohio Casualty Insurance . yo Company, Liberty Mutual Insurance Company, and West American Insurance Companyhich resolutions are now in full force and effect reading as follows: - w- ,po ,. ARTICLE IV -OFFICERS Section 12 Power of Ahorney. Any officer or olheroffrcial of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject YG% p to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact as maybe necessary to act in behalf of the Corporation to make, execute seal,:, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limdakons set forth in theirrespective °as powers of attorney, shall have full power to bind the Corporationby their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '- y. executed, such instruments spall be as binding as if signed by the President and allested to by the Secretary. Any power or authority granted to any representallve or attorney-in-fact under >- the provisions of this article maybe revoked at anytime by the Board the Chairman the President or by the officeror officers granting such power or authority. ARTICLE XIII Execution of Contracts -SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president NI " C00 - and subjeclfo such limitations as tris chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in. behalf or the Company to make, execute EN seal, acknowledge and deliver as _surety any and all undertakings, bonds recognizances and other surety obligations. Such altorneys-in-fact subject to the limitations set forth in their w m v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o J aXeculed such instruments shall be as binding as if signed by the president and aft6ed by the secrelary. O O Certificate of Designation - The President of the Company, acting pursuant to .the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such -attomeys m fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as: surety any and all undertakings,. bonds, recognizances and other surely obligations. - Authorization -. By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified cepy of ahy power of attomey issued by the CompaOy m connec}ion with surety bonds shall be valid and binding upon the Company with. the same force and effect as though manually affixed.. _ 1, David M. Carey, the undersigned, Assistant Secretary, ofAmedcan Fire and Casuahy Core any, Ohio Casualty Insurance Company Liberty Mutual Insurance Company, and West American Insurance Company do. hereby ceddythat the odginal powerof attomeyofwhich the foregoing is a full, true and coned copy of the Power ofAfiomey executed by said Companies, is in full force and effect and has mil been revoked._ IN TESTIMONY WHERCOF r ha,e bereunto set my hand and affixed the seals of said Companies this day of , 2 J 111Y By. David M. Carey Assrs[anl Secretary 40 of 100- - LMS_12873_ 092012 - - H U) LU w bON ro s z .N 8N A V) 0 U) to � N s 0 0 ILI O 10 0 0 v q 7