Full Text
CONSTRUCTION AGREEMENT FOR SOUTHWEST SEWER TRUNK LINE PHASE V BETWEEN CITY OF MOSCOW, IDAHO AND TITAN TECHNOLOGIES, INC. THIS CONSTRUCTION AGREEMENT FOR SOUTHWEST SEWER TRUNK LINE PHASE V BETWEEN CITY O F MOSCOW, IDAHO AND TIT AN TECHNOLOGIES, INC. (hereinafter "Agreement"), dated this day of Mflit • 2017, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City" and/or "Owner"), and Titan Technologies , Inc., 5717 West Albatross Street, Boise, Idaho, 83705 (hereinafter "Contractor"); WIT N ES S ETH: 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 and the following: l. Advertisement for Bids; 2. Project Specifications titled: Bidding and Agreement Forms City of Moscow, Latah County, Idaho Southwest Sewer Trunk Line Phase V February 2017 3. Bid/Proposal of Contractor, dated March 9, 2017, physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. Addenda issued prior to opening of bids: total of three 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. SOUTHWEST SEWER TRUNK LINE PHASE V CITY AND TITAN TECHNOLOGIES, INC. PAGE 1 OF5 26/7- l.>35 ---PAGE BREAK--- ARTICLE2. WORK Contractor shall complete the entire work as specified, indicated, and required under the Contract Documents for City project (hereinafter "Project") titled: "Southwest Sewer Trunk Line Phase V" ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall be substantially completed within eighty five (85) calendar days after receiving the Notice to Proceed. Final Completion of all work shall be accomplished within fifteen (15) calendar days after receiving Substantial Completion. All work on the CR-Sheets (including utilities required prior to beginning roadway improvements) shall be substantially completed within fifty-five (55) calendar days after receiving the Notice to Proceed. All work shall be completed within these described time frames 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. The Owner will: Issue a Notice to Proceed as soon as possible to allow procurement of equipment and materials submittal, schedules, other project administration items. Construction activities are anticipated to start on May 15, 2017 and this date will be considered the start of the days for Substantial and Final Completion. Contractor and Owner recognize that time is of the essence and that Owner will suffer financial loss if the Work is not completed within the times specified above, unless approved extensions thereof as permitted in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner Two Thousand Five Hundred Dollars ($2,500) for each day that expires after the time specified above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner Two Thousand Five Hundred Dollars ($2,500) for each day that expires after the time specified above for completion, until the Work is completed and ready for final payment. ARTICLE4. CONTRACT SUM City shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of One Million One Hundred Forty Nine Thousand Eight Hundred Fifty Eight Dollars ($1,149,858) for Base Bid, as submitted by Contractor. In no event shall Contract amount exceed Contractor's bid amount of One Million One Hundred Forty Nine Thousand Eight Hundred SOUTHWEST SEWER TRUNK LINE PHASE V CITY AND TITAN TECHNOLOGIES, INC. PAGE2 OF5 ---PAGE BREAK--- Fifty Eight Dollars ($1,149,858) unless otherwise authorized by City. Any such increase in work shall be compensated in accordance with unit pricing tem1s specified in bid documents. Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. 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. ARTICLE6. 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. ARTICLE7. 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 SOUTHWEST SEWER TRUNK LINE PHASE V CITY AND TITAN TECHNOLOGIES, !NC. PAGE3 OF 5 ---PAGE BREAK--- 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 Federal, State and Local 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 will 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 regulations, whether by Contractor, Contractor's employees, or its subcontractors. 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 ofldaho, 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: Titan Technologies, Inc. 5717 West Albatross Street Boise, Idaho 83705 SOUTHWEST SEWER TRUNK LINE PHASE V CITY AND TITAN TECHNOLOGIES, INC. City: City Engineer City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 PAGE40F5 ---PAGE BREAK--- ARTICLE 15. EXECUTION IN WITNESS WHEREOF, said Contractor and City have caused this Agreement to be executed on the day and year first above written. Contractor: Titan Technologies, Inc. City: City of Moscow, Idaho Approved As To Form: ,lQJ Roderick Hall, City Attorney ACKNOWLEDGMENT STATEOF ¥f ¦a §O County of Ad` ) ss: ) On this© day of A.pa•'- , 2017, before me, the undersigned, a Notary in and for said State, personally appeared (jbfto.J Co and known to me to be the person(s) whose name(s) is/are subscribed to the foregoing Agreement and acknowledged to me that he/she/they executed the same in his/her/their capacity as OfiCL I Proctd' Ma.oal'JltR. for Titan Technologies, Inc. 1 (seal) [ ZACH COX Notary Public State of Idaho SOUTl-IWEST SEWER TRUNK LINE PHASE V CITY AND TITAN TECHNOLOGIES, INC. NotarfPUbliCresiding at: My commission expires: PAGES OFS ---PAGE BREAK--- PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Pr;ncipal Place of Business): Titan Technologies, Inc 5717 West Albatros Street Boise, ID 83705 OWNER (Name and Address): City of Moscow 206 East Third Street - PO Box 9203 Moscow, ID 83843 CONTRACT Effective Date of Agreement: May 1, 2017 AmountCFiiures): $1,149,858.00 Merchants National Bonding, Inc 2100 Fleur Dr Des Moines, IA 50321-1158 Description (Name and Location): Southwest Sewer Trunk Line - Phase V Owners Contract #103-017 BOND Bond Number: NID1085 Date (Not earlier than Effective Date of Agreement): May 1, 2017 Amount: One million, One Hundred Forty-Nine Thousand, Eight Hundred and Fifty-Eight dollars and no cents Modifications to this Bond Fonn: Surety and Contractor, intending to be legally bound hereby, subject to the tenns set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL s . _ _ (Seal) ::tmcl:;d r:m Seal lJ.fotJ \doi Print Name Attest: Title SURETY By: Eric Battey Print Name Attorney - in- Fact Title Atrest: Signature Title Note: Provide execution by additional parties, such as joint venturers, if necessary. 2010 ISPWC 00610 Modified From EJCDC C.(;111 Performance Bond P111e I orl ---PAGE BREAK--- Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the perfonnance of the Contract, which is incorporated herein by reference. 1. If Contractor perfonns the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and fonnally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days afl:er Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for perfonnance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is detennined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 1 S days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has tenninated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater lhan those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 2010 ISPWC 00610 Modified From liJCDC C-610 Perrormance Bond Pa c2orJ ---PAGE BREAK--- 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; S.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed perfonnance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract P rice shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be insti tuted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applica ble. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. I 0. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting wit h said statutory requirement shall be deemed deleted herefrom and provisions confonning to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. I t .2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Fai1ure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. It .4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perfonn and complete or otherwise comply with the other terms thereof. FOR JNFORMA TlON ONLY - (Name, Address and Telephone) Surety A gency or Broker: Owner's Re resentative En inecr or other 2010 ISPWC 006l0 Modified From EJCDC CͮIO Pc:rrormancc Bond l'qc3oU ---PAGE BREAK--- MERCHANTS BONDING COMPANYrM POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Battey; Steve Roach; Tracy J Miyake their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 5th day of April '2017 • • • • O co 0•0 . . Œœ . . . ŕ.o· • /a¿poÀ;,·· f\POJ9.j·.1'ř • • • . í. CJ¬® ͥ i • ' " 1933 : ͧ 2003 • . - J_ • • • " • '-lif . • • " STATE OF IOWA COUNTY OF DALLAS ss. ·ti • . . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC. By Presidenl On this this 5th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies: and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ͫͬIA( ALICIA K. GRAM ti" i - 'Ŕ Commission Number 767 430 2: © My Commission Expires towï April 1, 2020 (Expiration of notary's commission does not invalidate this instrument) Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In W%ness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of May '2017 • POA 0018 (3/17) , • • • • . G • • • • ·¸¹º.»:4l. £Ot1t. ¼-"Q½POii¾ ³o··. /<:bÁÂÃf\POif:;Ä;· • 0 dͩCJ- ff': - - O•i:: : ͗ 2003 : . ' 1933 • ͤ \ . ͨ . • · 'l ti • • · · · . Secretary ---PAGE BREAK--- PAYMENT BOND Any singulnr reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable, CONTRACTOR (Name and Address): Titan Technologies, Inc SURETY (Name, and Address of Principal Place of Business): 5717 West Albatros Street Boise, ID 83705 OWNER (Name and Address): City of Moscow 206 East Third Street - PO Box 9203 Moscow, ID 83843 CONTRACT Effective Date of Agreement: May 1, 2017 Amount (figures): 149,858.00 Merchants National Bonding, Inc. 2100 Fleur Drive Des Moines, IA 50321-1158 Description (Name and Location): Southwest Sewer Trunk Line - Phase V Owner's Contract # 103-017 BOND Bond Number: NID1085 Date (Not earlier than Effective Date of Agreement): May 1, 2017 Amount: One Million, One Hundred Forty-Nine Thousand, Eight Hundred and Fifty-Eight Dollars and no cents Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Perfonnance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL _Jii; ...ut f!t;:.:tJ=r;..L4.<.-=tiu (Seal) Contractors Name and Corporate Seal By: \ ig Print Name Title Attest: Si Title SURETY By: Eric Battey Print Name Attorney - In- Fact Title Attest: fL signafure Title Note: Provide execution by additional parlies, such as joint venturers, if necessary. 2010 Modincd From Pa1mc111 Bond raec I ofJ ---PAGE BREAK--- I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the perfonnance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: makes payment, directly or indirectly, for all sums due Claimants, and Defends, indemnities, and holds hannless Owner from all claims, demands, liens, or suits alleging non payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor makes payment, directly or indirectly, for ell sums due. 4. Surety shell have no obligation to Claimants under this Bond until: Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, lo Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall and at Surety's expense take the following actions: Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shell be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 2010 ISPWC 00615 Modified From F.JCDC C͢IS Bond P1 c:Zofl ---PAGE BREAK--- 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. I 0. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of or first occurs. Tf the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be perf onned, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall furnish a copy of this Bond or shall permit a copy lo be made. 15. Definitions Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor end 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. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other tenns thereof. FOR rNFORMA TION ONLY - (Name, Address. and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other): 2010 ISPWC 0Gtil5 From Paymenl Bond P11cJ or3 ---PAGE BREAK--- MERCHANTS BONDING COMPANYr. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Battey; Steve Roach; Tracy J Miyake their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 5th day of April ' 2017 • • • \0N-4 ·"aőPOJl.f:'· - o - o- · . : : \ 2003 /Ii'> : : : • • . . ì STATE OF IOWA COUNTY OF DALLAS ss. · . - . . . Col·. . . . . . . . • · ¥ V. P 011:; . . " . • - . • 1933 • . ͙ • . ŋ· . ͜ . . . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC • By 7 President On this this 5th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respectlve Boards of Directors. ͠͡IA£ It' ALICIA K. GRAM Ŏŏ Commission Number 767 430 9 My Commission Expires 10w͒ April 1, 2020 (Expiration of notary's commission does not invalidate this instrument) Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this POA 0018 (3/17) . 411 • • • • Col•. . . . Ō . . . . . . . 0POii°.f"., o\ ¤ ;Ŋ : : iir!!' c:i':O: • ; Cl·3:· : ͚ : z : . . 1933 ! • 2003 ō . , · . ".iJy · · • • , , . day of May '2017 • Secretary ---PAGE BREAK--- Idaho State Tax Commission Rei. No. (State use only) WH-5 Public Works Contract Report Idaho Code sections 54-1904A and 63-3624(g) require all public works contracts to be reported to the Tax Commission. This form must be filed with the Tax Commission within 30 days after a contract is awarded. Contract awarded by (public body and address) CITY OF MOSCOW, IDAHO 206 EAST THIRD STREET; MOSCOW, IDAHO 83843 Contract awarded to (contractor's name and address) TITAN TECHNOLOGIES INC Stale of Incorporation IDAHO Business operates as D Sole proprietorship Sole proprietor's Social Security number N/A Awarding agency profec! number I Federal Employer Identification Number (EIN) 20-0300534 D Partnership Ill Corporation lldaho sates/use tax permit number N/A SOUTHWEST SEWER TRUNK LINE PHASE V Description and location of work to be performed D LLC NEW SEWER MAIN LINES, STORM DRAIN PIPE LINES AND RESTORATION WORK PROJECT DATES Date qualffed lo do business In Idaho 10/03 Publlc V'Jorks contractor license number 15853-M-4 Idaho withholding tax permit number 002698604 Amount of contract $ 1, 149,858.00 Scheduled project start date: _ Completion date: 7 _ If the following information is not available at this time, please indicate date it will be: Name IDAHO TRAFFIC CONTROL Address 19011 SIMPLOT BL VD. City. State, ZIP NAMPA, IDAHO 83605 Description of work TRAFFIC CONTROL Na01e PIPELINE INSPECTIONS, INC. Address PO BOX 3023 City, State, ZIP NAMPA, IDAHO 83653 Description of work POST TV/CLEANING INSPECTION Name MOTLEY MOTLEY, INC. Address 6901 SR 270 City, State, ZIP PULLMAN, WASHINGTON 99163 Description of work ASPHALT PAVING Name APEX CURB & TURF, LLC Address PO BOX 417 City, State, ZIP ASOTIN, WASHINGTON 99402 Description of work LANDSCAPE WORK ALL SUBCONTRACTORS D LLC D Sole ro rietorshl D LLC D Sole ro rietorshi D LLC D Sole l;l LLC 0 Sole Federa EIN 56-2468391 Public works contractor number 16094-C-4 lilf Corporation D Partnershi Amount of subcontract $ 5 00 . Federal EIN 81-0622799 Public works contractor number 15828-8-4 ill Corporation 0 Partnershi Amount of subcontract S 17 536.00 Federal EIN 91-0998237 Public works contractor number 10880-AM-1 Corporation Amount of subcontract D Partnershi $42 312.50 Federal EIN 91-2146981 Public works contractor number 13120-B-4 D Corporation Amount of subcontract D Partnershi $ 25 485.00 EF000168 04-28-11 ---PAGE BREAK--- Name Address City, State, ZIP Description of work Name Address City, Stale, ZIP Description of work Name Address City, Stale. ZIP Description of work ALL SUBCONTRACTORS (CONTINUED) 0 LLC O Sole proprietorship 0 LLC o Sole proprietorship 0 LLC O Sole proprietorship SUPPLIERS Federal EIN Public works contractor number 0 Corporation O Partnership Amount of subcontract $ Federa EIN Public works conlractor number O Corporation D Partnership Amount of subcontract s Federal EIN Public works conttaclor number D Corporation D Partnership Amount of subconllact $ Use the space below to report major suppliers of materials and supplies; items removed from inventory; equipment purchased, rented, or leased for use in project; materials provided by government agency. Please indicate how sales or use tax was paid. Name Federal EIN I Total value HD SUPPLY WATERWORKS LTD. N/A $172 731.95 Address Materials and equipment purchased and used 3338 COMMERCIAL COURT PIPE AND FITTINGS City, Stale, ZIP I Phone Ill Tax paid to supplier D Tax paid to state• D No tax paid MERIDIAN, IDAHO 83642 [PHONE REDACTED] Name Federal EIN I Total value OLDCASTLE PRECAST N/A $74,056.69 Address Materials and equipment purchased and used 16419 TEN LANE CONCRETE MANHOLES City, Stale, ZIP I Phone ͘ Tax paid to supplier D Tax paid to state* 0 No tax paid NAMPA, IDAHO 83687 [PHONE REDACTED] Name Federal EIN I ;otal value Address Materials and equipment purchased and used City, Stale, ZIP I Phone D Tax paid to supplier O Tax paid to state* 0 No tax paid Name Federal EIN I ;otal value Address Materials and equipment purchased and used City, State, ZIP I Phone D Tax paid to supplier O Tax paid to state* D No tax paid • If tax was not paid to suppliers but was or will be reported as "items subject to use tax" under your permit number, indicate period of return on which payment was or will be reported: If tax was paid to a state other than Idaho, name state next to "total value" box( es) above. If tax is due and has not previously been reported. attach p ment to this form. If you need more room, please photocopy this page. Prini name Phone number CLIFTON COX [PHONE REDACTED] File with the Idaho State Tax Commission, PO Box 36, Boise ID 83722-2210. Dale 4/18/17 For more information, call (208) 334-7618 • Fax: (208) 332-6619 • E-mail: [EMAIL REDACTED]. EF000168p2 04-28-11 ---PAGE BREAK--- Client#· 1 1 28675 TITANTEC ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 4/25/2017 THIS CERTIFICATE I S ISSUED AS A MATTER O F INFORMATION ONLY ANO CONFERS N O 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 C ERTIFICATE 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 endorsement(s). PROOUCER USI Northwest Tracy Taylor Al8 Nńo Exu: 208 91 7 ·5692 3295 Elder Street n, No): 866·61 3·31 29 Boise, ID 83705 _kŇbs· [EMAIL REDACTED] - INSURERIS) AFFORDING COVERAGE NAJC # 208 91 7-5680 INSURER A : Ohio Casualty Insurance Company 24074 INSURED INSURER B : Idaho State Insurance Fund NONAIC Titan Technologies, Inc. INSURER C : 571 7 W Albatros St Boise, ID 83705 INSURER D : I INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AF FORDED 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. INSR - L ŝRI 1&Wcl8MYY1 r&SM8ňʼn1 LTR TYPE OF INSURANCE POLICY NUMBER LIMITS A x COMMERCIAL GENERAL LIABll.ITY x x BKS55885494 02/1 7/201 7 02/1 7/201 8 EACH OCCURRENCE s _ J CLAIMS-MADE [ X ! OCCUR ŅņY.)ffiiJ?òJ>tllC81- - s 1 000 000 - PD ded: $1 ,000 MEO EXP (An on͗ s 1 5,000 - PERSONAL & ADV INJURY s 1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 =i Ix PRO- D LOC s 2,000 000 POLICY JECT PRODUCTS - COMPIOP AGG OTHER: s A AUTOMOBILE LIABILITY x x BAS55885494 0211 7/201 7 02/1 71201 & fr:Ufl!"f.V1f!NGLE LIMIT s1 ,000,000 -X ANY AUTO BOOIL y INJURY (Por Pft!SOll) s - ALL OWNED - SCHEDULED BODILY INJURY (Per accident) S AUTOS I- AUTOS l"i>RO?ERTY DAMAGE - x x NON-OWNED s HIRED AUTOS AUTOS Por accidenll - - I s - - OCCUR A X UMBRELL.A LIAB x x US055885494 02/1 7/201 7 02/1 7/201 8 EACH OCCURRENCE _s4J9Q_Q,Q!IQ - EXCESS LIAB CLAIMS·MAOE AGGREGATE - I r ͌4,QQ9,QQO_ - B OED XI RETENTION S1 0000 WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY y f N OFFICER/MEMBER EXCLUDED? N N / A 590191 07/01/201 6 07/01/201 7! X ' OTH- E L. EACH •\CCIOENT ANY PROPRIETORIPARTNERIEXECUTIVE [Jil (Mandatory In NH) I E L DISEASE - EA EMPLOYEE If yes, dasaibe under DESCRIPTION OF OPERATIONS below ' E L DISEASE - POLICY LIMIT I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Remarks Schedule, may be attached II more space la requlnid) Southwest Sewer Trunk Line • Phase V Owners Contract # 1 03-017 City of Moscow, Idaho and JUB Engineers, Inc are added as additional insured with respect to work performed on their behalf by Named Insured under contract with exception to Workers Compensation. C ERTIFICATE HOLDER CANCELLATION s s1 000.000 s1 000,000 s1 ,000 000 City of Moscow SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 206 East third St P.O. Box 9203 ACCORDANCE WITH THE POLICY PROVISIONS. Moscow, ID 83843 AUTHORIZED REPRESENTATIVE I ł © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S203797 1 8/M1 9895618 TAT JV ---PAGE BREAK--- This page hat> been left blank intentionally. ---PAGE BREAK--- COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT (PER PROJEcn This endorsement modifie5 insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obÏgaled to pay as damages caused by "occurrences" under Section I • Coverage A • Bodily Injury And Property Damage LlalUty, and for all medical ex penses caused by accidents under Section I • Co'