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CONSTRUCTION AGREEMENT CURED-IN-PLACE PIPE REHABILITATION - 2016 BETWEEN CITY OF MOSCOW, IDAHO AND MICHELS CORPORATION THIS CONSTRUCTION AGREEMENT CURED-IN-PLACE PIPE REHABILITATION - 2016 BETWEEN CITY OF i\jOSCOW, AHO, AND MICHELS CORPORATION (hereinafter "Agreement') dated this day of 2016, by and between the City of Moscow, Idaho, a municipal corporation of the tat of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"), and Michels Corporation, 1715 16th Street SE, Salem, Oregon, 97302 (hereinafter "Contractor"); WITNESSETH: WHEREAS, pursuant to the invitation of City through a "Solicitation For Bids", Contractor submitted a proposal containing an offer invited by said notice; and WHEREAS, City has determined that said offer was the lowest responsive bid; and WHEREAS, City has accepted Contractor's bid; NOW THEREFORE, the parties to this Agreement, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between City and Contractor concerning the work to be performed are this Agreement, pages one through five (1 through 5) and the following: 1 . Advertisement for Bids; 2. Project Specifications titled: Cured-In-Place Pipe Rehabilitation - 2016 City of Moscow Project No.101-016 3. Bid/Proposal of Contractor, dated March 22, 2016, physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. No Addendum issued prior to opening of bids; 7. Change Orders which may be delivered or issued after the effective date of this Agreement. There are no Contract Documents other than those listed in Article 1 . This Agreement may only be amended by change order as provided in the General Conditions. CURED-IN-PLACE PIPE REHABILITATION - 2016 C!TY AND MICHELS CORPORATION PAGE 1OF5 2-D\ lo-DlB ---PAGE BREAK--- ARTICLE 2. WORK Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City project (hereinafter "Project") titled: "Cured-In-Place Pipe Rehabilitation -2016" ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall start no earlier than May 16, 2016 and shall be substantially completed by August 1 9, 2016. The work shall be completed on or before Thirty (30) calendar days from the commencement of work, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. CONTRACT SUM City shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of Three Hundred Sixty Four Thousand Six Hundred Forty Seven and 00/100 Dollars ($364,647.00) for Base Bid and No Alternates, as submitted by Contractor. In no event shall Contract amount exceed Contractor's bid amount of Three Hundred Sixty Four Thousand Six Hundred Forty Seven and 00/100 Dollars ($364,647.00) unless otherwise authorized by the City. Any such increase in work shall be compensated in accordance with unit pricing terms specified in bid documents. Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between Contractor and City by the terms of this Agreement. It is understood by the parties hereto that Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. SCOPE OF SERVICES Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this Project. CURED-JN-PLACE PIPE REHABILITATION - 2016 CITY AND MICHELS CORPORATION PAGE 20F 5 ---PAGE BREAK--- ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted City by the Contract Documents, Contractor shall indemnify and hold harmless the City, its officers, employees, and engineers, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of Contractor or its subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of Contractor or its subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLES. CONFLICT OF INTEREST Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the Project which would conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Agreement and the exhibits hereto (if any) contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of City. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by Contractor shall be deemed material and shall subject Contractor to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of Contractor wil l in any way serve to modify the provisions of this requirement. Contractor and its surety shall indemnify and hold harmless City and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regul ations, whether by Contractor, Contractor's employees, or its subcontractors. CURED-IN-PLACE PTPE REHAB I LIT A TTON - 2016 CITY AND MTCHELS CORPORATTON PAGE 3 OF 5 ---PAGE BREAK--- ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. JURISDICTION AND VENUE It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. ARTICLE 13. SPECIAL WARRANTY Contractor declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Agreement. Any such activity by Contractor shall make this Agreement null and void. ARTICLE 14. COMMUNICATIONS Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Michels Corporation 1 71 5 1 6th Street SE Salem, Oregon 97302 CURED-TN-PLACE PIPE REHABILITATION - 2016 CITY AND MICHELS CORPORATION ARTICLE 15. EXECUTION City: City Engineer City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 City of Moscow, Idaho PAGE4 OF 5 ---PAGE BREAK--- By: State of 0f2Ei:.0Ll County of w\o.(J.v-. ATTEST: Approved As To Form: (1Q2 Roderick Hall, City Attorney ACKNOWLEDGMENT ) ) :ss ) On this day of 45J , 2016, before me, the undersigned, a Notary in and for said State, personally appeared So'*- known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he/she executed the same in his/her capacity as we % for Michels Corporation. 6\'7-c- 0J Notary Public residing at: Mc.(!.-Ch& (sea I) My commission expires: l \ { \ ( l 1 ' OFFICIAL STAMP DAVID R PHELPS NOTARY PUBLIC-OREGON COMMISSION NO. 922071 MY COMMISSION EXPIRES NOVEMBER 11, 2017 CURED-IN-PLACE PIPE REHABILITATION - 2016 CTTY AND MICHELS CORPORATION PAGE 5 OF 5 ---PAGE BREAK--- Continental Casualty Company 929631497 Liberty Mutual Insurance Company 013127824 Document A312TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Michels Corporation 1715 16th Street SE Salem, OR 97302 OWNER: (Name, legal stains and address) City of Moscow 221 East 2nd Street, P.O. Box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: March 22, 2016 SURETY: (Name, legal status and principal place of business) Continental Casualty Company 333 S. Wabash Avenue Chicago, IL 60604 Mailing Address for Notices ;:>URETY: (Name, legal status and principal place of business) Liberty Mutual Insurance Company 5600 new King Street Troy, Ml 48098 Mailing Address for Notices Liberty Mutual Insurance Company 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 Amount:$ 364,647.00 Three Hundred Sixty Four Thousand Six Hundred Forty Seven Dollars and 00/100 Description: (Name and location) Cured-In-Place Pipe Rehabilitation 2016 BOND Date: April 7, 2016 (Not earlier than Construction Contract Date) Three Hundred Sixty Four Thousand Six Hundred Forty Seven Dollars and 00/100 D Sec Section 16 SURETY Company: (Corporate Seal) Continental Casualty Company s;Ū''"re' rim '-C?.ffe[ Christine Eitel Name A . F t and Title: ttorney-in- ac [PHONE REDACTED] (Any additional signatures appear on the last page of this Pe1for111ance Bond) (FOR JNFORlv!ATION ONLY -Name, address and telephone) AGENT or BROKER: Weible & Cahill 2300 Cabot Drive, Suite 100 Lisle, IL 60532 [PHONE REDACTED] OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) ---PAGE BREAK--- § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to !he Owner for the perfonnance of the Construction which is incorporated herein by reference. § 2 If the Contractor perfonns 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 shalt 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 shull indicete whether the Owner is requesting a conference among the 0\\1ter, Contractor and Surety to discuss the Contractor's performance. If the Owner docs not request a conference, the Surety may, within five business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall allend. Unless lhe Owner agrees otheiwise, 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 nol waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, tctminatcs the Construction Contract and notifies lite Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms oflhe 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 demonstroles actual prejudice, § 5 When the Owner hus satisfied the conditions of Section 3, the Surety shall 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; § 6,3 Obtain bids or negotiated proposals [rom qualified contractors acceptuble 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 lo the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incun·ed 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 n 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, ns soon as practicable after the amount is dcte1mined, make payment to the Owner; or .2 Deny liability in whole or in part and notify llte 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 aUer receipt of nn additional wrillen notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled lo 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. ---PAGE BREAK--- § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surely to the Owner shall nol be greater than those of the Contractor under the Conslruclion Contract, and lhe responsibilities oflhe Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject lo 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 correctfon of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay cosLĽ 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 perfonnance or non-petfonnance 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 Surely shall not be liable lo the Owner or others for obligations of the Contractor that arc 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 Lhan the Owner or ils heirs, executors, administrators, successors and assigns. § 10 The Surely hereby wnives 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 the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or witl1in two years after tl1e Contractor ceased working or within two years after the Surety refuses or fails to petform its obligations under this Dond, whichever occurs first. If the provisions of this l>aragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdietion of the suit shall be applicable. § 12 Notice to the Surely, 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 Dond conflicting with said statutory or legal requiremenl shall be deemed deleted here from and provisions confmming to such statutory or olher 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 luw'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 Lhe 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. fuilure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material Lenn 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 pcrfom1 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 lf this Bond is issued for an agreement between u Contructor und subcontractor, lhe term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed lo be Contractor. ---PAGE BREAK--- § 16 Modifications to this bond are as follows: (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) Signature: Name and Title: Address Company: (Corporate Seal) Liberty Mutual Insurance Company Chn Address 5600 new King Street Troy, Ml 48098 [PHONE REDACTED] ---PAGE BREAK--- Continental Casualty Company 929631497 Liberty Mutual Insurance Company 013127824 Document A312™ -2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status tmd address) Michels Corporation 1715 16th Street SE Salem, OR 97302 OWNER: (Name, legal status and address) City of Moscow 221 East 2nd Street, P.O. Box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: March 22, 2016 SURETY: (Name, legal stallls and principal place of business) Continental Casualty Company 333 S. Wabash Avenue Chicago, IL 60604 Malling Address for Notices SURETY: (lf ame, leg(ll status and principal place of business) Liberty Mutual Insurance company 5600 new King Street Troy, Ml 48098 Malling Address for Notices This document has important legal consequences. Consullatlon with an attorney Is encouraged with respect to its complellon or modificati6n. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount:$ 364,647.00 Three Hundred Sixty Four Thousand Six Hundred Forty Seven Dollars and 00/100 Description: (Name and location) Cured-In-Place Pipe Rehabilitation 2016 BOND DaL: April 7,2016 (Not earlier than Construction Contract Date) Amount:$ 364,647.00 Three Hundred Sixty Four Thousand Six Hundred Forty Seven Dollars and 00/100 D See Section 18 SURETY [PHONE REDACTED] (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFOIVdATION ONLY - Name, addl'ess and telephone) AGENT or BROKER: Weible & Cahill 2300 Cabot Drive, Suite 100 Lisle, IL 60532 [PHONE REDACTED] OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) ---PAGE BREAK--- § 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 mukes puyment of all sums due to Claimants, and defends, indemnifies and holds hannless 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 perfonnance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 Tflhere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has 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 perfonnance 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 Surely shall 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 n wrillen notice of non-payment to the Contractor, staling with substantial accuracy the amount claimed and the name oflhe parly to whom the materials were, or equipment was, fumishcd or supplied or for whom the labor was done or perfonned, within ninety (90) days after having lust pcrfonncd labor or last furnished materials or equipment included in the Claim; und .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who arc 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. l is given by the Owner to the Contractor, that is sunicient lo satisfy a Claimant's obligution 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 Surely shall und ut the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixly (60) days ufter receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any umounts that are disputed; and § 7.2 Pay or ruTange 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 lo a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. Tf, however, the Surety foils to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable ullomey'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 or this Bond, plus the amounl ofreusonuble uttomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments mude in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the 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. ---PAGE BREAK--- § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated lo 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 coinpetent jurisdiction in the state in which the project that is the subject of the Construction Contract· ls located or after the expiration of one year from the date on \vhich the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or 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 or first occurs. If the provisions of this Paragraph arc void or prohibited by Jaw, the minimum period oflimitation available lo sureties as o 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 thˬ 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 lhe construction was to be perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here.from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fornishcd, 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 furnish a copy of this Dond 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 nume 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 pcrfonnance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last perfonned labor or last furnished materials or equipment for use in the perfonnonce of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as oflhe dote of the Claim; . 7 the total amount of previous payments received by the Claimant; and .8 the total nmount due and unpaid to the Claimant for labor, maǬerials 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 perfonnance of the Construction Contract. The tcnn Claimant also includes any individual 01· entity that hos 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 oftl\is 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 perfomiance 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. ---PAGE BREAK--- § 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 perfonn and complete or comply with tl1e other material tenns of the Construction Contract. § 16.S Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 Iftllis 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 tenn Owner shall be deemed to be Contractor. § 18 Modifications Lo this bond are us follows: (Space is p1·ovided below for additional signatures of added parties, other than those appeari11g on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Co1porate Seal) Signature: Nwne and Title: Address Company: (Corporate Seal) Liberty Mutual Insurance Company s;gn•ture: Name and Title: ChfiSiile1tel Attor3 Address 5600 new King Street Troy, Ml 48098 [PHONE REDACTED] ---PAGE BREAK--- STATE OF ILLINOIS COUNTY OF DuPage I, Kimberly R. Holmes Notary Public of Will County, in the State of Illinois , do hereby certify that Christine Eitel Attorney-in-Fact, of the Continental Casualty Company who is personally known to me to be the same person whose name lli._subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered said instrument, for and on behalf of the Continental Casualty Company for the used and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Lisle in said County, this 7th day of April A.O., 2016. My Commission expires: 2/11/2018 Notary Seal: "OFFICIAL SEAL" KIMBEALY R. HOLMES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 2/11/2018 ---PAGE BREAK--- POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, a insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint William P Weible, Harriet R Reilly, William Cahill, Kimberly Sawicki, Melissa Newman, Karen A Ryan, Kimberly R Holmes, Deborah A Campbell, Leigh Ann Francis, Ann Marie Waters, Christine Eitel, Individually of Lisle, IL, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such i nstruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 26th day of February, 20 1 6. State of South Dakota, County of Minnehaha, ss: Continental Casualty Company National Fire Insurance Company of Hartford American Cas airy Company of Reading, On this 26th day of February, 20 1 6, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, a insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said i nsurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. J. MOHR HOTARYPUBUC V!lf&} 80UTllW - - gi a) o o S C RS - Q) - e> en RS Q) Ũ ũ - o .5 E - s 0 RS _ "C = CJ RS C > 41 _ 0 z 8 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND . • This Po@r of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6967481 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ann Marie Waters; Blanca Townsend; Christine Eitel; Dale A. Reilly; Deborah A. Campbell; Harriet R. Reilly; Karen A. Ryan; Kimberly R. Holmes; Leigh Ann Francis; Melissa Newman; Richard T . Morency; William F. Cahill; William P. Weible all of the city of Lisle , state of IL each individually ifthere be more than one named, its true and lawful attorney-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, recognizances 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 secretary 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 affixed thereto this 28th day of April 201 5 STATE O F ss COUNTY OF MONTGOMERY American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company On this 28th day of April , 201 5 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer . Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 {11ornb0t. Pon˩˪yloan\a ASsOc!allon of Nc>tarlos. Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be 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 limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or 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, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company 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 limitations set forth in their 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 executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in 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 surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this '7 LMS_ 1 2873_122013 dayof_ÈA f2r t 'f _ _ _ _ , 20_/_6_ . By:_0 . · Gregory W. Davenport, Assistant Secretary 528 of 1 000 ---PAGE BREAK--- MICHE-8 OP ID: MJ ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYYI Ŧ 04/07/2016 THIS CERTIFICATE IS ISSUED AS A MATTER O F IN FORMATION ONLY A N D 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 INSU RER(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 onimcT Marija Miljic Weible & Cahill 2300 Cabot Drive, Suite 1 00 rrg.,t E•tl· [PHONE REDACTED] I rpq Nol: [PHONE REDACTED] Lisle, IL 60532 l William P. Weible INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Arch Insurance Company 1 1 1 50 INSURED Michels Corporation INSURER B : National Fire & Marine Ins Co 20079 1715 1 6th Street SE 1 1 1 50 Salem, OR 97302 INSURER c : Arch Insurance Company INSURER D : Zurich American Insurance Co 1 6535 INSURER E : IN.SURER F : C OVERAGES C E RTIFICATE NUMBER· REVISION NUMBER· T H I S I S T O CERTIFY THAT T H E POLICIES O F INSURANCE LISTED BELOW HAVE BEEN ISSUED T O T H E INSURED NAMED ABOVE F O R THE POLICY PERIOD I NDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C ERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS O F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A A B A c D TYPE OF INSURANCE x COMMERCIAL GENERAL LIABILITY -D CLAIMS-MADE 0 OCCUR x XCU Included - GEN'L AGGREGATE LIMIT APPLIES PER: =1 0 PRO· POLICY JECT OTHER: AUTOMOBILE LIABILITY x ANY AUTO ALL OWNED - AUTOS x x HIRED AUTOS x - MCS-90 UMBRELLA LIAB 0 LOC SCHEDULED AUTOS NON-OWNED AUTOS x EXCESS LIAB I/ OCCUR CLAI MS-MADE OED I x I RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ! OFFICER/MEMBER EXCLUDED? (Mandatory In NHI c;1h'6PERATIONS below Builders Risk All Risk POLICY EFF rstl-6%1 POLICY NUMBER IMM/DD/YYYYI x 41 PKG891 5307 02/01 /201 6 02/01/201 7 x 41 PKG891 5307 02/01 /201 6 02/01/201 7 x 42XSF1001 3903 02/01/201 6 02/01/201 7 1WCl8915107 W/ STOP GAP 02/01/201 6 02/01/2017 N I A ť4WCl891 5207 02/01/201 6 02/01/201 7 MBR537239210 02/01/2016 02/01 /2017 LIMITS EACH OCCURRENCE $ IV I t:U PREMISES !Ea occurrencel $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COM P/OP AGG $ $ '(r:,1$1M>LE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ rp}lf~lMAGE $ $ EACH OCCURRENCE $ AGGREGATE $ $ x I iffTUTE I I DTH- ER E.L EACH ACCIDENT $ E L. DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ 5,000,000 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re : Miche l s Job# 6 0 4 1 9 ; 2 0 16 Cured in Place Pipe Rehab i l i tation Pro j ec t , City of Moscow Pro j ec t No . 101 - 0 1 6 . Contract Amount : $364 , 647 . 0 0 Addi t ional Insured on General Liab i l ity, Auto and Exces s : City o f Moscow, Idaho CERTIFICATE HOLDER CANCELLATION MOSC0-1 1 ,000,000 300,000 Excluded 1 ,000,000 2,000,000 2,000,000 2,000,000 1 0,000,000 1 0,000,00C 1 ,000,00C 1 ,000,00C 1 ,000,00C Any Projec1 Deductible SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Moscow THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9203 Moscow, ID 83843 AUTHORIZED REPRESENTATIVE I "'-fa_s © 1 988-201 4 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/0 1 ) The ACORD name a nd l ogo are registered marks o f ACORD