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2020.03.26 Warrington Construction
Warrington Construction Corp, of Oregon Letter of Transmittal TO: City of McCall SPF Water Engineering Date March 25, 2020 Attention: Project: Jasper Subdivision, Phases II Water & Drainage Improvements 2020 We are sending you: X Attached The following items: Plans Other: Quantity 1 1 1 1 I Under Separate Cover V Specifications Copy of letter Description Signed Agreement Copy of Award of Project Performance Bond & Payment Bond Certificate of Liability Insurance W-9 WH-5 Public Works Contract Report Bidders Proposal as attached to original email These are transmitted as checked below: For approval _X For your use Remarks: l.tl'U(G�I�C� Andrea Warrington As requested For review and Comment Catalog Submittals Returned for correction P.O. Box 910 • Ontario, Oregon 97914 • 208-452-2556 • 208-452-2557 Fax Oregon CCB 101 184 • Idaho PWC-C 1 1590-AAA-4 I. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT, is being made and entered i to thi i26 da,y of '�` 2020 and between The City of McCall (hereinafter, "OWNER") and 2lirlil L'DY 0 ereinafter, "CONTRACTOR"): NOW THEREFORE, the parties to this Contract, 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 the OWNER or City and the Contractor concerning the work to be performed are this Contract, pages one (1) through (5) and the following: 1. Bid Documents titled, JASPER SUBDIVISION, PHASE 11 WATER & DRAINAGE IMPROVEMENTS- 2020 with Addenda # 1 and #2 2. Standard General Conditions of the Construction Contract, 2017 ISPWC (Idaho Standards for Public Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive). 3. Bid Proposal (Section III) of the Contractor, dated February 14, 2020, to be physically attached to this Contract; 4. The Construction Plans (12 sheets); 5. General Conditions (Section V) 6. Supplementary Conditions (Section VI) 7. Technical Specifications (Section VII) 8. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice of Award b. Notice to Proceed. c. Written Amendments. d. Work Change Directives. e. Change Orders. f. Substantial completion certification g. Final completion certification 10. Change Orders, which may be delivered or issued after the effective date of this Agreement; 11. Addenda issued prior to opening of bids, to be physically attached to this contract; 12. WH-5 — Public Works Contract Report for Idaho State Tax Commission 13. W9 There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. The Work is generally described as follows: JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS— 2020. ARTICLE 3. PROJECT MANAGER and PROJECT ENGINEER 1.01 The City of McCall City Engineer (Project Manager), is to act as the OWNER's representative and assume all duties and responsibilities, and have the rights and authority assigned to "OWNER" in the Contract Documents in connection with the completion of the "Work" in accordance with the Contract JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS - 2020 1 3/17/2020 Documents and the General Conditions of the Idaho Standards for Public Works Construction (ISPWC). 1.02 The project has been designed by SPF Water Engineering, LLC (Project Engineer), which is to act as the OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to "Engineer" in the Contract Documents in connection with the completion of the "Work" in accordance with the Contract Documents and the General Conditions of the Idaho Standards for Public Works Construction (ISPWC). ARTICLE 4. CONTRACT TIMES/LE IITATIONS 4.01 Substantial Completion The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. The project site will be available to the Contractor for project implementation following Notice to Proceed anticipated by April 15, 2020 or when weather conditions permit, and only after approval of the Project Engineer. The work to be performed pursuant to this Contract shall be substantially complete within 120 working days after Notice to Proceed and/or no later than September 30, 20 a The project will be considered "Substantially Complete" when all the water main, all hydrants, and all service connections within the project limits are operational. 4.02 Final Completion The work shall be fmally complete and ready for final payment, in accordance with Paragraph 14.07 of the ISPWC General Conditions, within 5 working days of the date of Substantial Completion Certification or before October 7, 2019. 4.03 Working Hours Work can be performed 5 days a week (Monday through Friday) for a period of 12 hours (7:00 am to 7:00 PM) per day. Adjustment of the contract time can be made in accordance with the provisions of the Contract Documents as directed by the Project Engineer, Public Works Director, or the OWNER. 4.04 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the ISPWC Section 100 General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal preceding 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 $750.00 for each day that expires after the time specified in paragraph 4.02 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 $750.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amount of four hundred ninety-three thousand, seventeen dollars and zero cents ($493,017.00) in current funds equal to the sum of the amounts determined pursuant to the CONTRACTOR's Bid Proposal contained in Bid Form, Article 5, Section III. JASPER SUBDIVISION, PHASE 11 WATER& DRAINAGE IMPROVEMENTS-2020 2 3/17/2020 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Contractor shall provide an example Application for Payment submittal to the Project Engineer at the start of the project for review and approval. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 30th day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage): and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.B.5. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder ofthe Contract Price as recommended by ENGINEER as provided in said paragraph 14.07, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 5% per annum. ARTICLE 8. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer -employee relationship is established between the Contractor and the OWNER by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the OWNER for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 9. SCOPE OF SERVICES The 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. JASPER SUBDIVISION, PHASE WATER& DRAINAGE IMPROVEMENTS-2020 3 3/17/2020 ARTICLE 10. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall indemnify and save harmless the Architect and the Owner, its officers and employees, 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 the Contractor or his 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 the Contractor or his 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. ARTICLE 11. CONFLICT OF INTEREST The 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. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Manager, Architect and the OWNER. ARTICLE 12. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto 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 contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The 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 the OWNER. ARTICLE 13. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the OWNER and the City of McCall and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 14. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, 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 15. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further 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 Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 16. COMMUNICATIONS JASPER SUBDIVISION, PHASE B WATER & DRAINAGE IMPROVEMENTS - 2020 4 3/17/2020 Such communications as are required by this contract shall be satisfied by nailing or by personal delivery to the parties at the followingaddress: Contractor: i on , ,-t I Owner: City of McCall 216 E. park Street McCall., Idaho 83638 1N WITNESS WHEREOF, said Contractor and the OWNER or City has caused this Contract to be executed on the day and year first above written. Contractor: R C) by' Robert S. (i es Mayor ATTEST: Approved .s To ]Fo William F. Nicholls, ityAtto y JAVER SUBDIVISION, PHASE 0 WAM & DRAINAGE I&VR0VMjWTS - 2020 5 3f 1'7/2020 I Such communications u am ttquW by this coot sWI be sadstled by mailing or by personal delivery to the partits at the following kldnm. r n tot P.P. OZ .710 vnf)wtj,4141+— owner. City of McCall 216 E. Park Street McCall, Idaho 83638 IN WITNESS WHEREOF, said Conusaw and ft OWNER or City has caused this Conhact to be exemftd on the day and yea fh* above wrtum C40butor kklgg#1470)v Co*s:r Owner. Jtx X=Xj kV be Robert S. Giles, Mayor ATIEST: &Mieio Wagw, Cky Clark . .... . . . . ............ Approved As To Form. Willism, F. RkhA City Aftorney ACKNOWLEDOMDU On this day of h*#.4* ------------- * 2020, before me, a Iwe at My Q=MbSiOft CXPVft tau." to Mon ............... 3/1712020 (W) SPF WATER ENGINEERING March 17, 2020 Brooks Warrington Owner / Project Manager Warrington Construction Corp of Oregon PO Box 910 Ontario, OR 97914 brookswarrington@gmail.com 208-452-2556 Contract: Jasper Subdivision, Phase II Water & Drainage Improvements, 2020 Dear Brooks, You are notified that your bid proposal dated February 14, 2020 for the above Contract has been considered and approved by City Council. You are hereby notified that you are the Successful Bidder and have been awarded a Contract for the Jasper Subdivision, Phase II Water & Drainage Improvements, 2020 project. The Total Contract Price of your Contract is: $493,017 (four hundred ninety-three thousand, seventeen dollars and zero cents). 1 copy of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following condition precedent within 10 days of the date you receive this Notice of Award. 1. Deliver to the OWNER fully executed counterparts of the Contract Documents. [Each of the Contract Document must bear your signature]. 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the General Conditions (GC-18). 3. Deliver with the executed Contract Documents Contractor's Affidavit Concerning Taxes. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid Default, to annul this Notice of Award and to declare your Bid security forfeited. Within thirty days after you comply with the above condition, OWNER will return to you two fully executed counterpart of the Contract Documents. 300 E. Mallard Drive, Suite 350, Boise, Idaho 83706 Tel: 208-383-4140 Fax: 208-383-4156 City of McCall (OWNER) By: (AUT RIZED IG ATURE) Project Manager (TITLE) Page 2 EJCDC= ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE PERFORMANCE BOND CONTRACTOR (name and address): Warrington Construction Corporation of Oregon P.O. Box 910 Ontario, OR 97914 OWNER (name and address): City of McCall 216 E. Park Street McCall, ID 83638 CONSTRUCTION CONTRACT SURETY (name and address of principal place of business): Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Effective Date of the Agreement: 3 - Z4 - 7-0 7"U Amount: $493,017.00 Four Hundred Ninety Three Thousand Seventeen Dollars and 00/100 Description (name and location): Jasper Subdivision, Phase II Water & Drainage Improvements, 2020 BOND Bond Number: 023210294 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 3 - 2-!0 -� ZC7 Amount: $493,017.00 Four Hundred Ninety Three Thousand Seventeen Dollars and 00/100 Modifications to this Bond Form: ® None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY 0%11111�%% %ST.iCo�A i, J . q p �nsu Warrington Construction Corpor13tls�br•., :��E)yl) Liberty Mutual insurance Company eal RpORATt�% Surety's Name and Corporate Seal Contractors Name and Corpoo.1912 � � � � : G7 . G i j 9'rs'ACIN`'�`42 By: • 4 r� By: Signature ;'• Signature (ottach p erof attorney) wC •• ••'%Ax A%% Brenda J. Smith Print Name//�������� Print Name Title Attest: Signature Title Attorney -in -Fact Title Attest: /Jo��A SignaLie Victoria D. McCurdy Witness Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC° C-610, Performance Bond Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. if the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 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 Constmctlon Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terns of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. S. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which It may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. if the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. if the Surety proceeds as provided In Paragraph 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. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified In the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 53, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC• G610, Performance Bond Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and Amedon Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made Including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCDC° C-610, Performance Bond Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 EJCDCNN; ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Warrington Construction Corporation of Oregon P.O. Box 910 Ontario, OR 97914 OWNER (name and address): City of McCall 216 E. Park Street McCall, ID 83638 CONSTRUCTION CONTRACT PAYMENT BOND SURETY (name and address of p Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Effective Date of the Agreement: 3- ZL - L0 'LC. Amount: $493,017.00 Four Hundred Ninety Three Thousand Seventeen Dollars and 00/100 Description (name and location): Jasper Subdivision, Phase II Water & Drainage Improvements, 2020 BOND Bond Number: 023210294 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 3 -'Z C. - T-W-L r Amount: $493,017.00 Four Hundred Ninety Three Thousand Seventeen Dollars and 00/100 Modifications to this Bond Form: ® None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL S,ONST. CpRp i�� Warrington Construction Corporatiar 1VcJregon•'''••,r� Contractor's Name and CorporaGORpORATE • C2, By: li; 2 Signature �� �� • * `� 2hdrl A Karr Ul� -i�1y EG°��`�� 1111- Print Name Title Attest: L Signature Title SURETY Liberty Mutual Insurance Compan Surety's Name and Corporate Se ��y°'��'^ By: Signature (attac power of attorney) # Brenda J. Smith Print Name Attornev-in-Fact Title Attest: Signs re Victoria D. McCurdy Witness Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC° C-61S, Payment Bond Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 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. 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimants obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant, with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim, stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract, then the Surety disputed; and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens, or suits to the Contractor and the Surety, shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's S. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3, and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond, subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or Claim; and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described In Paragraph 13). 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. EJCDC' C-615, Payment Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than In a court of competent jurisdiction in Claimant for labor, materials, or equipment the state In which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision In be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant Including at a minimum: 1. The name of the Claimant, 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; S. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC* C-615, Payment Bond Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. 3 of 3 This Power 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. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, Interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610.832.8240 between 9:00 am and 4:30 Dm EST on any business day. Liberty Mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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, Brenda J. Smith of the city of Boise , state of ID its true and lawful attorney -in -fact, with full power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Principal Name: Warrington Construction Corporation of Oregon Obligee Name: City of McCall Surety Bond Number, 023210294 Bond Amount: See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 12h day of December, 2018. INSU `SY INSU NWSUgq The Ohio Casualty Insurance Company J��P o�o�lti�� Liberty Mutual Insurance Company Wes erican Insurance Company 1912 i 1919 i N 1991 a �n O HAMP`rlQ, � �t'OIANP By: J ACID' ! David .Carey, Assistant Secretary * t STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 1211 lty Coday, of December, 2018'before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casuampany, 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. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. gyp PASTS COMMONWEALTH OF PENNSYLVANIA �Q o*MONwf� !� Notarial Seal Teresa Pastella, Notary Public OF Upper Marion Twp., Montgomery County BY - �\P My Commission Expires March 28, 2021 Teresa Pastella, otary Public .yAgyt,VP `G Member, Pennsylvania Association of Notaries �qny t � This Power of Attome is made and executed pursuant to and by authority of the following By-laws and Authorizations of Liberty Mutual Insurance Company, The Ohio Casualty 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 -tact, 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 attomeys-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 shalt 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 attomeys-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 attomeys-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 at I undertakings, bonds, reoognizances 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. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of attomey executed by said Companies is in full force and effect and has not beef revoked. rn IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24 day of ' ' /� Gw zU LINSUq P�ZY INSU �%%Msu rvo �m �e`J °avo¢�rotirCP n Z��.1 o� o r+ o o c 3 By: Zg 1912 v o ti 19i9 ab W 1991 a e ee C. Lle ell Assistant Secretary 2 * ��1 W A R R I - 2 , 4 ��o R O C E R T I F I C A T E O F L I A B I L I T Y I N S U R A N C E O P I D : T J D A 3 / 2 3 / D / Y Y 3 / 2 3 / 2 0 2 0 0 0 T H I S C E R T I F I C A T E I S I S S U E D A S A M A T T E R O F I N F O R M A T I O N O N L Y A N D C O N F E R S N O R I G H T S U P O N T H E C E R T I F I C A T E H O L D E R . T H I S C E R T I F I C A T E D O E S N O T A F F I R M A T I V E L Y O R N E G A T I V E L Y A M E N D , E X T E N D O R A L T E R T H E C O V E R A G E A F F O R D E D B Y T H E P O L I C I E S B E L O W . T H I S C E R T I F I C A T E O F I N S U R A N C E D O E S N O T C O N S T I T U T E A C O N T R A C T B E T W E E N T H E I S S U I N G I N S U R E R ( S ) , A U T H O R I Z E D R E P R E S E N T A T I V E O R P R O D U C E R , A N D T H E C E R T I F I C A T E H O L D E R . I M P O R T A N T : I f t h e c e r t i f i c a t e h o l d e r i s a n A D D I T I O N A L I N S U R E D , t h e p o l i c y ( i e s ) m u s t h a v e A D D I T I O N A L I N S U R E D p r o v i s i o n s o r b e e n d o r s e d . I f S U B R O G A T I O N I S W A I V E D , s u b j e c t t o t h e t e r n s a n d c o n d i t i o n s o f t h e p o l i c y , c e r t a i n p o l i c i e s m a y r e q u i r e a n e n d o r s e m e n t . A s t a t e m e n t o n t h i s c e r t i f i c a t e d o e s n o t c o n f e r r i g h t s t o t h e c e r t i f i c a t e h o l d e r i n l i e u o f s u c h e n d o r s e m e n t s . P R O D U C E R 5 4 1 - 8 8 9 - 8 2 1 9 T h e I n s u r a n c e G r o u p , I n c . P . O . B o x 7 1 8 O n t a r i o , O R 9 7 9 1 4 - 0 7 1 8 G r e g o r y K . T u t t l e N Q N T A C T M i c h a e l C . M i l l e r P H O N E 5 4 1 - 8 8 9 - 8 2 1 9 F A X 5 4 1 - 8 8 9 - 7 4 1 5 ( A / C , N o , E x t ) : ( A / C , N o ) : E - M A I L A D D R E S S : I N S U R E R S A F F O R D I N G C O V E R A G E N A I C 9 I N S U R E R A : E M C I n s u r a n c e C o m p a n i e s 2 1 4 1 5 R E D % S U r i n g t o n C o n s t r u c t i o n C o r p p O B O d n O O n t a r i o , O 9 7 9 1 4 I N S U R E R B : S t a t e I n s u r a n c e F u n d 3 6 1 2 9 I N S U R E R C : I N S U R E R D I N S U R E R E : I N S U R E R F : C O V F R A G F A r F R T I F I ( ' A T F M I I U R F R " 0 C V I Q 1 n W k i I U Q C 1 7 . T H I S I S T O C E R T I F Y T H A T T H E P O L I C I E S O F I N S U R A N C E L I S T E D B E L O W H A V E B E E N I S S U E D T O T H E I N S U R E D N A M E D A B O V E F O R T H E P O L I C Y P E R I O D I N D I C A T E D . N O T W I T H S T A N D I N G A N Y R E Q U I R E M E N T , T E R M O R C O N D I T I O N O F A N Y C O N T R A C T O R O T H E R D O C U M E N T W I T H R E S P E C T T O W H I C H T H I S C E R T I F I C A T E M A Y B E I S S U E D O R M A Y P E R T A I N , T H E I N S U R A N C E A F F O R D E D B Y T H E P O L I C I E S D E S C R I B E D H E R E I N I S S U B J E C T T O A L L T H E T E R M S , E X C L U S I O N S A N D C O N D I T I O N S O F S U C H P O L I C I E S . L I M I T S S H O W N M A Y H A V E B E E N R E D U C E D B Y P A I D C L A I M S . I N S R T Y P E O F I N S U R A N C E D D L U B R p O L K Y N U M B E R P O L I C Y E F F P O L I C Y E X P L T R L I M B S A X C O M M E R C I A L G E N E R A L L I A B I L I T Y C L A I M S - M A D E X O C C U R X 5 D 8 8 5 8 0 0 6 / 2 3 / 2 0 1 9 0 6 / 2 3 / 2 0 2 0 E A C H O C C U R R E N C E $ 1 , 0 0 0 , 0 0 0 D A M A G E T O R E N T E D P R E M I S E S E a o c c u r r e n c e 1 , 0 0 0 , 0 0 0 $ M E D E X P ( A n y o n e p e r s o n ) $ 1 0 , 0 0 0 P E R S O N A L & A D V I N J U R Y $ 1 , 0 0 0 , 0 0 0 G E N ' L A G G R E G A T E L I M I T A P P L I E S P E R : P O L I C Y E C O T - L O C O T H E R : G E N E R A L A G G R E G A T E $ 2 , 0 0 0 , 0 0 0 P R O D U C T S - C O M P / O P A G G $ 2 , 0 0 0 , 0 0 0 A A U T O M O B I L E L I A B I L I T Y A N Y A U T O O W N E D S C H E D U L E D A U T O S O N L Y A U T O S E A U T O S O N L Y A U T O S O N L D 5 E 8 8 5 8 0 0 6 / 2 3 / 2 0 1 9 0 6 / 2 3 / 2 0 2 0 C O M B I I N d E D S I N G L E L I M I T $ 1 , 0 0 0 , 0 0 0 X B O D I L Y I N J U R Y P e r p e r s o n ) $ B O D I L Y I N J U R Y P e r a c c i d e n t $ P e O r a d e ^ t A G E $ A X U M B R E L L A L U 1 B E X C E S S L I A X O C C U R C L A I M S - M A D E 5 J 8 8 5 8 0 0 6 / 2 3 / 2 0 1 9 0 6 / 2 3 / 2 0 2 0 E A C H O C C U R R E N C E $ 5 , 0 0 0 , 0 0 0 A G G R E G A T E $ 5 1 0 0 0 , 0 0 0 D E D I X I R E T E N T I O N $ 1 0 0 0 0 B W O R K E R S C O M P E N S A T I O N A N D E M P L O Y E R S ' L I A B I L I T Y N A N Y P R O P R I E T O R / P A R T N E R / E X E C U T I V E Y I N F F I C E R / M E M B E R E X C L U D E D ? ( O M a n d a t o r y i n N H ) I f e s , d e s c r i b e u n d e r D E S C R I P T I O N O F O P E R A T I O N S b e l o w N / A 5 4 6 5 2 4 0 4 / 0 1 / 2 0 2 0 0 4 / 0 1 / 2 0 2 1 X P E R O T H - S T A T T E R E . L . E A C H A C C I D E N T $ 5 0 0 , 0 0 0 E . L . D I S E A S E - E A E M P L O Y E 5 0 0 , 0 0 0 $ E . L . D I S E A S E - P O L I C Y L I M I T 5 0 0 , 0 0 0 D E S C R I P T I O N O F O P E R A T I O N S / L O C A T I O N S / V E H I C L E S ( A C O R D 1 0 1 , A d d i t i o n a l R e m a r k s S c h e d u l e , m a y b e a t t a c h e d I f m o r e s p a c e i s r e q u i r e d ) C i t y o f M c C a l l i s l i s t e d a s A d d i t i o n a l I n s u r e d p e r F o r m C G 7 8 7 5 ( 0 6 1 1 7 ) . P R O J E C T : J A S P E R S U B D I V I S I O N W A T E R A N D D R A I N A G E I M P R O V E M E N T C E R T I F I C A T E H O L D E R r A W r F 1 I A T I n I M S H O U L D A N Y O F T H E A B O V E D E S C R I B E D P O L I C I E S B E C A N C E L L E D B E F O R E T H E E X P I R A T I O N D A T E T H E R E O F , N O T I C E W I L L B E D E L I V E R E D I N C i t y o f M c C a l l A C C O R D A N C E W I T H T H E P O L I C Y P R O V I S I O N S . 2 1 6 E P a r k S t A U T H O R I Z E D R E P R E S E N T A T I V E M c C a l l , I D 8 3 6 3 8 A G U R D 2 5 ( 2 0 1 6 1 0 3 ) � 1 9 8 8 - 2 0 1 5 A C O R D C O R P O R A T I O N . A l l r i g h t s r e s e r v e d . T h e A C O R D n a m e a n d l o g o a r e r e g i s t e r e d m a r k s o f A C O R D Form WM9 Request for Taxpayer Give form to the (Rev. November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service c\ Name (as shown on your income tax return) C Warrington Construction Corp of Oregon a Business name, if different from above c 0 N d a o Individual/ Check _ _ _ _ _ _ _ _ _ _ appropriate box: ❑ Sole proprietor ✓❑ Corporation ❑ Partnership ❑ Other ► -------- Exempt from ❑ withholding backup «`y Address (number, street, and apt. or suite no.) Requester's name and address (optional) a —` PO Box 910 City of McCall, Idaho City, state, and ZIP code V o Ontario, OR 97914 yCD List account numbers here (optional) d in Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. �913+1111416191412� Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of Here U.S. person ► AAa M, Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you are: Date ► t/, ✓ -2Oi24 e An individual who is a citizen or resident of the United States, e A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or e Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: e The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231 X Form W-9 (Rev. 11-2005) islaho`Tax Commission WH-5 Public Works Contract Report Sections 544904A and 634"g), Idaho Code, require all Public Works Contracts to be reported to the Tax Commissiat. This form must be tiled with the Tax Commission within 3/A days after a contract is awarded. Contract awarded by (Public bodyWid address) evv of McCxu , /Pyu F. PA011 St . Me-62tu , _a MOM contras Aiwarded to (�+tract�or a mm�a address , 1lV h-1h/77 7 /!ans rii� ii�r� r-OrD. DY( &&Vn PDT x WO Onh-,Zha, d2 4,M4 $tale of Employer Iden lion Number (91NW Date quAif9d to do busma in ldabo Ore .6h 7en,i q3 • /1 qo 942 OS i994-- Busi ratan as a Sole proprietorship a Partnership (Corporation C) LLC P;Mic Woft eonttacW %cons& number 11590 Ut74 W Sole -proprietor". Social Security number fdaho saksluse tax permit number idahovrnhhofding tax permit number ODD 72tL Awarding epeney projW number Amount of eontrad i$ Dl7 ao .�f93. uesarpoun ana rucawn a worn w w peRvnaoa Rylvemw of uvater U ts-, ScbedUled projW start date -Completion .. If the following information.is not available at this time, please indicate date it will be: Addmes City, State, ZIP Description of word Name Address City, State, ZIP Deso OM of work l Pubtic works wnb for number • LLC C) Corporation Amount d subcontract CI Sole omorietorshio 17 Partnra Nn I S Public works convaelor number * LLC Q Catporatlon Amount of subcontract O Sole proprietorship O Partnershi 5 EI=GOC1'S8 l)9�17.09 Use the space below to reportmajor 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. tJerrls t G'OrG ° �'Id�2 Federal SIN 03 �� 68g7 Tote► value s 55*, Address 8 'r. GDmmerel a e urf Materials and equipmenased t p chand used P Cittr, state, LP JPWa lltrdmn ID 93&42- -W 9 SAS SWI ATax paid to supplier 0Tax paid to state` C No tax paid Name uewa), ter e0neretel Uv. Federal ESN . f 09-wg4 Totalvalue s Sg oDO.� FWD , W 385 and equipment � and usag ayel Onget hZtt" City, state, zip I Ptiwle W, lQ Tax paid to supplier 0 Tax paid to state' 0 No tax paid Name: Federal SIN Total value .Address Materials and equipment purchased and used City. swi e. ZIP Phone 0 Tax paid to supplier 0 Tax paid to state 13 No tax paid Nara t Federal SIN Total value Address Materials and equipment purchased and used City, State. 21P Phone U Tax paid to supplier O Tax paid to state 0 No tax paid It tax was not paid to suppliers but was or will he reported as `items subject to use tax' under your permit number, indicate period of return on which payment was or wHI 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 06t.prwAodsty been reported, attach payment to this form. If you need more room, please photocopythis page, SIGN A 1►ture VrWnft number .. , HERE a— MlirrinaMn IxV - �5 .25-5& 03'23 W24 File With'the Idaho State Tax Commission, PO Box 36, Boise ID 83722-2210. ror more information, call (208) 334-7618. III. BIDDERS PROPOSAL ARTICLE 1- BID RECIPIENT 1.01 This Bid is submitted to the City of McCall. This bid is for the Project titled: JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS— 2020 ARTICLE 2 — BIDDER'S INFORMATION 2.01 BIDDER'S Name: d BIDDER'S Idaho Public WorksContractor License No.: P51d 140 . & License Expiration Date: �wu) BIDDER'S Business Address: R 0• 6yx g1T% BIDDER'S Business Phone No.: 2;�'457--z— o BIDDER'S FAX No.: BIDDER'S Email Address: br00k5 waYYl►cxal/,Lo1M ARTICLE 3 - BIDDER'S ACKNOWLEDGEMENTS This proposal is submitted as an offer by the undersigned to enter into contract with the City of McCall, McCall Idaho, hereinafter referred to as the "OWNER" for the JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS— 2020, specified herein, and which construction documents are on file with the Public Works Department, 815 N. Samson Trail, McCall, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the OWNER to the terms and prices herein submitted. I. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds and insurance certificates, as required by the specifications, in the full amount of the contract price within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the OWNER shall have the right to accept or reject any bid deemed to be in the best interest of the OWNER or the City of McCall. 7. The undersigned agrees to order all necessary equipment and materials within a period of three (3) days after Notice to Proceed has been issued by the OWNER. JASPER SUBDIVISION, PHASE WATER& DRAINAGE IMPROVEMENTS-2020 7 REV. 1/20/20 ARTICLE 5 - BASIS OF BIDBID SCHEDULE - [BASE BID] 5.01 BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Water Improvements Bid Item Item Description Spec Reference Quantity Unit Unit Price Total Amount 1 Mobilization & General Conditions 2010.4.1.A.1, GC-1-3 1 LS 63,ODV &SAX 2 Erosion &Sediment Control TS-2 1 LS SDQ� m� 3 Removal of Fire Hydrant Assembly 201.4.1.F.1 2 EA SOD AW 4 Removal of Water Meter/Vault 201.4.1.F.1 15 EA 200 -Aqm Y 5 Abandonment of Ex. Water Mains & Valves 201.4.1.C.1 1 LS SDO� O—C saw 6 Asphalt Removal 201.4.1.D.1 2,715 SY / 0 7 Exploratory Excavation 303.4.1.8.1 11 EA � 11/100 oa //Yoe 8 Tie -In to ExistingWater Main 401.4.1.B.1 1 EA /2,O� v /Lcaoo O4 9 Water Main Pipe - 8" C900 PVC 401.4.1.A.1 2,049 LF SD /D7 USe 9.a Imported Trench Backflll (6" Minus) 306.4.1.D.1 50 TON ,SD 25'o0o 9.b Sewer Lateral Crossings PLRWSD 18 EA '70 600 1p 10 Water Main Fitting, 8" 401.4.1.6.7 14 EA — /L/OX 10.a Sewer Lateral Repairs PLRWSD 5 EA 70D _W 11 Valve-8" Resilient Seated Gate 402.4.1.A.5 6 EA 'Zero 12 Fire Hydrant Assembly 403.4.1.A.1 2 EA 13 Fire Hydrant Assembly (Tee, Valve, and 6" PVC only) — Reuse Hydrant 401.4.1.8.1 1 EA oG ?-+� 14 Water Service, size 3/4" (Single) 1 Includes all items sheet C502 404.4.1.A.1 1 EA ve oa 15 Water Service, size 1" (Double Meter) Includes all items sheet C502 404.4.1.A.1 11 EA JASPER SUBDIVISION, PHASE It WATER R DRAINAGE IMPROVEMENTS- 2020 9 REV. 1/20/20 Bid Item Item Description Spec Reference Quantity Unit Unit Price Total Amount 16 New Saddle and Corps Stop Only and Connect to Ex. Service - (C207, C208) 404.4.1.A.1 10 EA &V *06 ob .50M r 17 Water Service Line 3/4" 404.4.1.C.1 685 LF mac` l7 91-4 18 Water Service Line 1" 404.4.1.C.3 489 LF 37-" 15� 19 2" Blow -off Assembly 401.4.1.13.7 1 EA 20 Type "C" Surface Restoration & 1 Gravel Roadway 307.4.1.E.1 4,192 SY o O� oco 33, S�6 21 Asphalt Surface Restoration (Type "P" and ITD and driveways) 307.4.1.G.1 10 SY Q ay. zo 22 Miscellaneous Surface Restoration 1 (Landscaping) 307.4.1.A.9 1,000 SY vv y CV y 22.a Tree Removal, 6" dia. and larger (for WM, non -roadside ditch) 201.4.1.F.1 3 EA / 3 23 Construction Traffic Control 1103.4.1.A.1, TS-1 1 LS Saws -Iwo co BASE WATER BID Sum of Items 1 through 23 SUBTOTAL Amount = Zy Drainage Im rovements Bid Item Item Description Spec Reference Quantity Unit Unit Price Total Amount 24 Tree/Brush Removal 201.4.1.8.1 1 LS AO _ ,049 25 12" Corrugated Polypropylene (CPP) Culverts at Driveways 601.4.1.A.26 498 LF s$�' Z7 390 26 15" CPP Road Crossing Culverts 601.4.1.A.26 144 LF 06— 27 15" Galv. Steel End Sections 601.4.1.A.27 8 EA 28 Roadside Ditch, Typical Section 201.4.1.E.1 1,755 LF 25 - 3 7 r 29 Roadside Ditch, Shallow Section 201.4.1.E.1 164 LF 17 278 BASE DRAINAGE BID Sum of Items 24 through 29 SUBTOTAL Amount = //S b93 BASE BID - TOTAL Sum of Items i through 29 Amount = q9 / - •The Contract will be awarded to the lowest bid price. The OWNER maintains the right to reject any or all bids. JASPER SUBDNISION, PHASE 11 WATER & DRAINAGE IMPROVEMENTS-2020 10 REV. 1/20/20 c.� ARTICLE 6 — BID SUBMITTAL 6.01 Submitted on FOA Iq 20v 6.02 This Bid is submitted by: An Individual Name (typed or printed): By: (Individual's signature) Doing Business A Partnership Partnership Name: By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: W +4)?44rpoi C04 6TELC4ne-6 State of Incorporation: 046 6 ON Type a lalusineVssrofess' nal, Service, Limited Liability): By: v L (Signature — attach evidence of authority to sign) Name (typed or printed): Cµ454 WPM/ 1-407 Title: PAItA I n 2 Aj Attest: 49 1w A Joint Venture Name of Joint Vein First Joint Venture By: (CORPORATE SEAL) (SEAL) (Signature of first joint venture partner — attach evidence of authority to sign) JASPER SUBDIVISION, PHASE 0 WATER & DRAINAGE IMPROVEMENTS- 2020 11 REV. 1 /20/20 ARTICLE 7 — NAMING OF SUBCONTRACTOR FORM Per Idaho Code, 67-2310, BIDDER shall include in his or her Bid the names and address, and Idaho Public Works Contractor License Number of the Subcontractors who shall, in the event the Bidder secures the Contract, subcontract for plumbing, heating and air-conditioning work, and electrical work under the general Contract. Because no plumbing, heating and air conditioning, or electrical work is required for this project, such subcontractors shall not be listed. In addition to subcontractors for plumbing, heating and air-conditioning work, and electrical work, provide the names and addresses of the additional subcontractors, suppliers, individuals or entities called for in the Instruction to Bidders (include Idaho Public Works Contractor License Numbers for any subcontractors) Additional Subcontractor Name and Address JC Additional Subcontractor Name and Address Additional Subcontractor Name and Address Public Works License Number Public Works License Number Public Works License Number JASPER SUBDIVISION, PHASE 0 WATER & DRAINAGE INMROVEMENTS- 2020 13 REV. 1 /20/20 ARTICLE 8 - NON -COLLUSION AFFIDAVIT JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS- 2020 McCall, Idaho CONTRACTOR'S NON -COLLUSION AFFIDAVIT STATE OF IDAHO Valley County rrIA/mbeing first duly sworn, deposes and says that he/she is Se%%• - s-'• of /t!! r le the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any 6disclosdd person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive of sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any bidder, nor to fix any overhead, profit, or cost element of such bid price, nor that of any other bidder, nor secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true, and, further, that said bidder has not, directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any individual, except such person or persons as have a partnership or other financial interest with said bidder in his general business. Signed: Title: the •`� ZS 7 Subscribed and sworn to before me this,RDL day o, 20 a0 Notary Public for Residing at: Ckx Qsti� bQ My Commission Expires: OFFOAL STAMP LAURA ELLEN WATTS NOTARY PUBUC-OREGON COMMISSION NO.983446 St COMMMSMN EXPIRES FEBRUARY 07, 2023 JASPER SUBDIVISION, PHASE 11 WATER & DRAINAGE IMPROVEMENTS- 2020 14 REV, 1/20/20 ARTICLE 9 - BID BOND 1. BIDDER (Name and Address): Warrington Construction Corporation of Oregon P.O. Box 910 Ontario, OR 97914 2. SURETY (Name and Address of Principal Place of Business): Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 3. OWNER (Name and Address): City of McCall 815 Samson Trail 4. BID: McCall, ID 83638 Bid Due Date: February 7.2020 Description (project name and location): Jasper Subdivision, Phase 2 Water and Drainage Improvements. McCall, Idaho 5. BOND Bond Number: Bid Bond Date: January 22. 2020 Penal Sum: Five Percent of Total Amount $ 5% (Words) (Amount) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. 6. BIDDER AAASURETY Tinaton Construction Corporation of OregcW I II1//� Liberty Mutual Insurance Company (Seal) Bidder's N an C ea `�� G .......CO� ��V.# Surety's Name and Corporate Seal 71 y By: 111(1%2 0 - "k, Lon Signature ,�.� . e SS Signature Print Nar466• * ��� prey. REG�� Title Attest: d w Attest: Signature Brenda J. Smith Print Name Attorney -in -Fact Title Signature Linda Miner, Witness Title JASPER SUBDIVISION. PHASE 13 WATER do DRAINAGE IMPROVEMENTS- 2020 15 REV. 1/20/20 Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents. This obligation shall be null and void if: 3.1.OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by OWNER, or 3.3.OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal JASPER SUBDIVISION. PHASE 11 WATER a DRAINAGE IMPROVEMENTS - 2020 16 REV. 1 /20/2020 This Power of Atbmy IMIta the acte of two named heroin, and they haw no authority to bind the Company except in the manner and te the eA, l heroin orb led. Not valid for mortgage, rate, ban, Inver of credit, bank deposit, cu roM rate, Merest rain or residual value guarantees. To oo I the vet ft of thin Power of Attorney ear 610413241M lotwesn t M am and 4:M pm EST on any buunos dy. Liberty Mutusle SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company a a corporation duly oWnt and under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under to laws of the Stab of Massachusetts, and West American Insurance Company is a corporation duly organized carder the taws of the Staab of Indiana (herein collectively called the *Companies'), purauent to and by authority herein set forth, does hereby name, constitute and Smith of to dty of Base . stab of ID Its he and lawful atorney4Wbat, with U power and s lhodly hereby Conferred to sign, exearle and adaawledge the fo limirg surely band: Prkneipal Name: Warrington Construction Cortwation of Oregon Obliges Now: City of McCall Surely Bond Number: Bid Bond Bard Amoent: See Bond Forin IN WITNESS WHEREOF, this Power of Atbmey has been subscribed by an alulhormed ogwr or of pal of the Companies and the corporate seals of the Companies have been Axed ihereb this 126 day of be , 2018. O� 06111 a �t1 IN54 u,su, The Ohio Casualty Insurance Company berty MAW Insurance nce �pany 1991 1912 ; 4 1919 Company � W, By: ,car t * * David M"Carey. Assistant Sersetary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 121i day of December. 2018 before me personally appeared David M. Carey, who acknowledged himself b be the Assistant Secretary of Liberty Mutual insurance Company, The Ohb Cesuelly Company, and West American Insurance Company. and that he, as such, being auftized so to do, execute the foragokmg Instrument brio purposes therm contained by signing on behalf of the corporations by himself as a duly outivind dim. IN WITNESS WHEREOF, t have hereunto subscribed my name and affixed my notarial seal at KkV of Prussia, Pennsylvania, an the day and year first above wriden. yw PAST COMMONWEALTH OF PENNSYLVANIA F� Notarial Sam d� Teresa PaateNa. Nobly Public OF Upper Mown TwP.. Monrporrhsry County By: ptary Public My CormfWlan Expires March 28.2021 Teresa Pastes, ,f+ Member. PornayNanis AtwtlNwn of NwaMs This Power of and executed pursuant to and by authority of the following By -lows and Aurroricadons or Liberty MAW Insurance Company. The Ohio Casually Insurance Company, and West American Insurance Company which resolutions are now in bl force and effect reading as blows: ARTICLE N — OFFICERS — Section 12. Power of Atomey. Any officer or other official of the Corporation autwiaed for rat purpose in writing by the Chairman or the Presidenl, and subject to such Initiation as Me Claiman or the President may presatbe, stet appoint such as may be necessary to act in behalf of the Corporation to Rieke, exeab, seal, acknowledge and deliver as surety any and all udertakkgs, barb, Recogntran es and other suety obligates. Such sibn to-Ir tact, subject to the knbbons set forth n tat respective powers of attorney, shall have U power to bind the Corporation by their soudure and execution of any such Instruments and to attach temb to seal of the Corporation. When so exeaied, such instnrnenb shelf be as bndrg es lf signed by the President and attested to by to Secretary. Any power or aid** granted b any reprosenbtiw or atiorney. in -fact under the provisions of this article may be revoked at any lime by Ile Board, the Chairman, the President or by to alficer or slicers granting such power or authority. ARTICLE lOM — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of to Company authorized for that purpose in wr g by to dhoirrnan or the president, and subjed b such timilatias as to daimon orthe president may prescribe, shelf appoint such atbmsysih tact, as may be necomy to act in behatof the Company to make, exeaAe, seal, acknowledge and delver as surety any and all undertakings, bonds, reeogrhbences end other only obligates. Such elbnoysndact subject to the 6nlations set forth in their respective powers of attorney, shell have nerd power to bind the Company by Moir ttgRalum and execution of any such instruments and to atadh thereto the seal of the Company. When so executed such irstrumenfe shot be as binding a lf signed by the president and a-1;1- by the secretary. Co r omb of Deegphallon — The President of the Company, acting pursuant to to Bylaws of to Company, auticrizes David M. Carey, Assistant Secretary to appoint such atorneysn- fad ea may be necessary to act an behalf of the Company to make, execute, neap, arknowbdge and deliver as surely any and all undertakings, bonds, moognbances and other surely othipations. Authorization — By unanimous consent of to Companys Board of Direct=, the Company consents that facsimile or medhanicayr reproduced signature of any assistant secretary of the Company, whenever appearing rpm a certified copy of any power of stoney issued by the Company in connection with suety bads, shall be valid and bin*g upon the Company with the sauna Was and cured as tough manually affixed. i, Renee C. Llevvellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and west American Insurance Company do hereby ceriry tat this power of atomey executed by said Companies is in full rare and effect and has not been revoked. IN TESTIINIONY WHEREOF, I have hereunto set my hand and affixed t e sob of said Companies this 22nd dy of January 2020 LNSuq.yJ�tYINSU, 1NSWp�_� "A41ft.-.s 1912 ; go1919 S 19g1�N ; By: d y O '� s C. LJe#AdVAsdsW Seadary wo t t t Wam*ngton Constructl*on Corp. of Oregon low § iff) 113 Hmej TO: City of McCall SPF Water Engineering Date March 25, 2020 Attention: Project: Jasper Subdivision, Phases II Water & Drainage Improvements 2020 We are sending you: X Attached Under Separate Cover Via The following items: Plans Specifications Other: Copy of letter Catalog Submittals Quantity Description I Signed Agreement I Copy of Award of Project Performance Bond & Payment Bond Certificate of Liability Insurance W-9 W H - 5 Public Works Contract Report Bidders Proposal as attached to original email These are transmitted as checked below: For approval X For your use Remarks: ,AOIA,, Andrea Warrington As requested Returned for correction For review and Comment P.O. Box 910 a Ontario, Oregon 97914 * 208-452-2556 * 208-452-2557 Fax Oregon CCB 101184 * Idaho PWC-C 11 590-AAA-4 I. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT, is being made and entered i to th4 is dayof 2020 and between The Ci of McCall (hereinafter, "OWNER") andW. ��Doll&&hereinafter, "CONTRACTOR"): NOW THEREFORE, the parties to this Contract, 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 the OWNER or City and the Contractor concerning the work to be performed are this Contract, pages one (1) through (5) and the following: 1. Bid Documents titled, JASPER SUBDIVISION, PHASE 11 WATER & DRAINAGE IMPROVEMENTS-- 2020 with Addenda # I and #2 2. Standard General Conditions of the Construction Contract, 2017 ISPWC (Idaho Standards for Public Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive). 3. Bid Proposal (Section III) of the Contractor, dated February 14, 2020, to be physically attached to this Contract; 4. The Construction Plans (12 sheets); 5. General Conditions (Section V) 6. Supplementary Conditions (Section VI) 7. Technical Specifications (Section V11) 8. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice of Award b. Notice to Proceed. c. Written Amendments. d. Work. Change Directives. e. Change Orders. f. Substantial completion certification g. Final completion certification 10. Change Orders, which may be delivered or issued after the effective date of this Agreement; 1 I . Addenda issued prior to opening of bids, to be physically attached to this contract; 12. WH-5 -- Public Works Contract Report for Idaho State Tax Commission 13. W9 There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2, WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. The Work is generally described as follows: JASPER. SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS— 2020. ARTICLE 3. PROJECT MANAGER and PROJECT ENGINEER 1.01 The City of McCall City Engineer (Project Manager), is to act as the OWNER's representative and assume all duties and responsibilities, and have the rights and authority assigned to "OWNER" in the Contract Documents in connection with the completion of the "Work" in accordance with the Contract JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS - 2020 1 3/17/2020 Documents and the General Conditions of the Idaho Standards for Public 'Narks Construction (ISPWC). 1.02 The project has been designed by SPF Water Engineering, LLC (Project Engineer), which is to act as the OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to "Engineer" in the Contract Documents in connection with the completion of the "Work" in accordance with the Contract Documents and the General Conditions of the Idaho Standards for Public Works Construction (ISPWC). ARTICLE 4. CONTRACT TIMESILBUTATIONS 4.01 Substantial Completion The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. The project site will be available to the Contractor for project implementation following Notice to Proceed anticipated by April 15, 2020 or when weather conditions permit, and only after approval of the Project Engineer. The work to be performed pursuant to this Contract shall be substantially complete within 120 working days after Notice to Proceed and/or no later than September 30, 20W. �d The project will be considered `Substantially Complete" when all the water main, all hydrants, and all service connections within the project limits are operational. 4.02 Final Completion The work shall be finally complete and ready for final payment, in accordance with Paragraph 14.07 of the ISPWC General Conditions, within 5 working days of the date of Substantial Completion Certification or before October 7, 2019. 4.03 Working Hours Work can be performed 5 days a week (Monday through Friday) for a period of 12 hours (7:00 am to 7:00 PM) per day. Adjustment of the contract time can be made in accordance with the provisions of the Contract Documents as directed by the Project Engineer, Public Works Director, or the OWNER. 4.04 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the ISPWC Section 100 General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal preceding 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 $750.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. Amer 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. $750.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amount of four hundred nine �-three thousanj seventeen dollars and zero cents ($493,017.00) in current funds equal to the sum of the amounts determined pursuant to the CONTRACTOR's Bid Proposal contained in Bid Form, Article 5, Section III. JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS - 2020 2 3/ 17/2020 ARTICLE b - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Contractor shall provide an example Application for Payment submittal to the Project Engineer at the start of the project for review and approval. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 30th day of each month during performance of the work as provided in paragraphs 6.02.A.1 and 6.42.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold., in accordance with paragraph 14.02 of the General Conditions: a. 95% of work completed (with the balance being retainage): and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.B.5,, 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages. ARTICLE 7 - INTEREST 7.o 1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 5% per annum. ARTICLE 8. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer -employee relationship is established between the Contractor and the OWNER by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the OWNER for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 9. SCOPE OF SERVICES The 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. JASPER SUBDIVISION, PHASE 11 WATER & DRAINAGE IMPROVEMENTS - 2020 3 3/17/2020 ARTICLE 10. BOLD ESS/INDENINIFICATION In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall indemnify and save harmless the Architect and the Owner, its officers and employees, 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 the Contractor or his 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 the Contractor or his 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. ARTICLE 11. CONFLICT OF INTEREST The 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. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Manager, Architect and the OWNER. ARTICLE 12. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto 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 contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The 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 the OWNER. ARTICLE 13. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the OWNER and the City of McCall and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 14. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, 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 15., SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further 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 Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 16, COMMUNICATIONS JASPER SUBDIVISION, PHASE ll WATER & DRAINAGE 1WROVE1vI NTS -- 2020 4 3 / 17/2020 IN Wl SS WIEREOF, said Con r and the OWNER or City has caused, �this Conhia to'bel executed on the day and Year first above wfitten. I oe� Contraowrl: ......... b"m 00000, Robe S. Gif6s. ',Mayfor I Approved, As, To Fo WN illimn F.`Nij�h"61sl' dilty Ab6i 1, 4 y IAS,PEK),SL,MD�1,V]S,,"[,fOt,4,,,,, PIWe 11 WATER it, D,,RAIN'ACiE,I'MPRHO VEMEN,,T,.S'I 3/117/2,020 Swh commilmicadonsols ive requimd'by this,conw, 0 sW1 besuisfied, byl matting orby p=mW detivoyto the, parifin, st the fbilowin, S addroull Ali TN WrINESS, WIMRBM Wd Coniftscor and, te OWMR or OV has cused ft CMUW to be aecuW on deq omd ym Am obm witiliftm w I Vey ........ . ..... BasWid %gper� City Cluk, 11 . . . . ....... I III I I JIM I ,mwl I! r M"'t f I #o4, 'Jill ;,J;llI111l illillipilip 11 1 1 -- SPF WATER ENGINEERING March 17, 2020 Brooks Warrington Owner/ Project Manager Warrington Construction Corp of Oregon PO Box 910 Ontario, OR 97914 brookswarrington@gmail.com 208-452-2556 Contract: Jasper Subdivision, Phase II Water & Drainage Improvements, 2020 Dear Brooks, You are notified that your bid proposal dated February 14 2020 for the above Contract has been considered and approved by City Council. You are hereby notified that you are the Successful Bidder and have been awarded a Contract for the Jasper Subdivision, -Phase II Water & Drainage ^Improvements, 2020 project. The Total Contract Price of your Contract is: $493,017, (four hundred ninety-three thousand, seventeen dollars and zero cents). 1 copy of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following condition precedent within 10 days of the date you receive this Notice of Award, 1. Deliver to the OWNER fully executed counterparts of the Contract Documents. [Each of the Contract Document must bear your signature]. 2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the General Conditions (GC-18). 3. Deliver with the executed Contract Documents Contractor's Affidavit Concerning Taxes. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid Default, to annul this Notice of Award and to declare your Bid security forfeited. Within thirty days after you comply with the above condition, OWNER will return to you two fully executed counterpart of the Contract Documents. 300 E. Mallard Drive, Suite 350, Boise, Idaho 83706 Tel: 208-383-4140 Fax: 208-383-4156 ,city of McCall 1 (OWNER) Proiect Manager 1 Y DIY I I Y YYI �I�YYI� (TITLE) EJCDCNg ENGINEERS JOINT CONTRACT DOCUMENTS COMM17TEE_ PERFORMANCE BOND CONTRACTOR (name and address): Warrington Construction Corporation of Oregon P.O. Box 910 Ontario, OR 97914 OWNER (name and address), - City of McCall 216 E. Park Street McCall, ID 83638 CONSTRUCTION CONTRACT SURETY (name and address of principal place of business): Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Effective Date of the Agreement: 3 - Z(e - 7-0 .4"0 Amount: $493,017.00 Four Hundred Ninety Three Thousand Seventeen Dollars and 00/100 Description (name and location): Jasper Subdivision, Phase 11 Water & Drainage Improvements, 2020 BOND Bond Number: 023210294 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): 3 — 24P "'Zc� 2-0 Amount: $493,017.00 Four Hundred Ninety Three Thousand Seventeen Dollars and 001100 Modifications to this Bond Form: E] None " See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed ♦by an authorized officer, •agent, or representative, CONTRACTOR AS PRINCIPAL %'%W111 C Warren ton Construction Corpor fVdb*n#*..'d 1W Contractor's Name and Corp 11400'r at *ft 0 4 ILPORATV wo BY: • C) 44 W to Signature 1*L*5EAL 00 Print Name fill% llr�wkeo*"O' Title Attest: Signature J k.- Title SURETY Liberty Mutual Insurance Company 40tas Surety's Name and Corporate Seat 1912 By: - Signature (attach poAVer of attorney) MMEMEM Print Name Attorney -in -Fact Title Attest: Signs Victoria D. McCurdy Witness Title Notes.- (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor., Surety, Owner., or other party shag be considered plural where applicable, EJCDC* C-610, Performance Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies.. and American Society of Civil Engineers. All rights reserved. 3 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which Is Incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there Is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after.- 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner Is considering declaring a Contractor Default, such notice shall indicate whether the Owner Is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend, Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor,, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, If any, subsequently to dectare a Contractor Default; 3.2 The Owner declares a Contractor default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement In Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from Its obligations, except to the extent the Surety demonstrates actual prejudice. S. when the owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions; 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or Independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the 'Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which It may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 5. If the Surety does not proceed as provided In Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided In Paragraph 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. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duptication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or If no liquidated damages are specified In the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability Is limited to the amount of this Bond. 5. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price $hail not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC• C-610, Performance Bond Copyright 0 2013 National society of Professlonal Engineers, Amerken Coundl of Engineering Companies, and Amerkan Saclety of CWH Engineers. All rights resemd. 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Band may be instituted In any court of competent jurisdiction in the location In which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or faits to perform its obligations under this Band, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. when this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. when so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made Including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond are as follows: EJCBC' C-610, Performance Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 E J C D CE"g ENGINEER$ JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address)-. Warrington Construction Corporation of Oregon P.O. Box 910 Ontario, OR 97914 OWNER (name and address),, City of McCall 216 E. Park Street McCall, ID 83638 CONSTRUCTION CONTRACT Effective Date of the Agreement: 3- Z4 - TO Z.Jl:o SURETY (name and address of principal place of business): Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 Amount: $493,017.00 Four Hundred Ninety Three Thousand Seventeen Dollars and 00/100 Description (name and location): Jasper Subdivision, Phase 11 Water & Drainage Improvements, 2020 BOND Bond Number: 023210294 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): Amount: $493,017.00 Four Hundred Ninety Three Thousand Seventeen Dollars and 00/100 Modifications to this Bond Form: 7] None El see Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL o0111111110 4f, Warrington Construction Comorat!Q-6 -- on i00 0 ._�o Contractor's Name and Corporatt%%!!O'. OjtPOI 0000 aft ft%, 0 '0 wo *Mow ow 0 Tt 46 Bye A T a Signature ;, '... �.; * ,�,�•• And "EGO� rr 'a A a [P 111111i\ Print Name Title Attest: Signature 4t4-1- Title Surety's Name and Corporate Se By: Signature (attar ,power of attorney) Print Name Attornev-in-Fact TT - Title I/i ilia / ,��o,`1..�/r.� na r Victoria D. McCurdy Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor,, Surety, Owner.. or other party shall be considered plural where applicable. EJCDCO C-615,, Payment Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies,, and American Society of Civil Engineers. All rights reserved. 1of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is Incorporated herein by reference, subject to the following terms. 2. If the Contractor promptly makes payment of all sums due 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever Is applicable, the Surety shall promptly and at the Surety's expense take the following actions: to Claimants, and defends, Indemnifies, and holds 7.1 Send an answer to the Claimant, with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claire, stating the amounts that are undisputed and materials, or equipment furnished for use In the the basis for challenging any amounts that are performance of the Construction Contract, then the Surety disputed; and and the Contractor shall have no obligation under this Bond. 7,2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described In constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge Its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens, or suits to the Contractor and the Surety, shall indemnify the Claimant for the reasonable attorney's fees the Claimant Incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and awing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. B. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's S. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3, and the amount of this shall arise after the following. Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whore the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond, subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or Claim; ,and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described In Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described In Paragraph 13). 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. EJCDC* C-615, Payment Bond Copyright 0 2013 National society of Professional Engineers, American Council of Engineering Companies.. and American Society of Civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project Is located. The Intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of Tabor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used In the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. when this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or ether legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision In be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant Including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; S. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor In this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC* C-615, Payment Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 This Power 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. Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, Interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610.832-8240 between 9:00 am and 4:30 pm EST on any business day. r� ♦ � b i •' r ty, r`mutu Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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, Brenda J. Smith of the city of Boise , state of ID its true and lawful attorney -tin -fact, with full power and authority hereby c onferred to sign, execute and acknowledge the following surety bond: Principal Name: Warrington Construction Corporation of Oregon Obligee flame: City of McCall Surety Bond Number: 923M2 4 Bond Amount. See Bond Form IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 1Z_ `h . day of Dec;ember, n% � . Sup, � `� o (j, � c�►W � A. The Ohio Casualty Insurance Company 'o r Mrs � �,'� �, ,. % Liberty Mutual Insurance Company ° 9 ° 1991 erican Insurance Company 1912 b c �, �° �► ?fA'l4t'' V isy. Wes David Carey, Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 1211 day of December, 2018, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty 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. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �Sp,. PA&, COMMONWEALTH OF PENNSYLVANIA Q" NW Notarial Seal Teresa Pastella, Notary Public OFUpper Merion Twp.. Montgomery County y: My Commission Expires March 28, 2o21 Teresa Pastella, otary Public Member, Pennsylvania Association of Notaries This Power of Attome iade and executed pursuant to and by authority of the following By-laws and Authorizations of Liberty Mutual Insurance Company, The Ohio Casualty 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, bands, recognizances and other surety obligations. Such attomeys-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 attormeys-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, rec ognizances and other surety obligations. Such attorneys -in -€act 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 Gravid M. Carey, Assistant Secretary to appoint such adomeys4n- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and al l 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. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, of Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company do hereby certify that this power of attorney executed by said Companies is in full force and effect and has not beep revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this - day of ��Ct +� J� � 20 Z.Ci ,, %Nsup a► lr sC, tNsv AJP ono „,. o BA&Tc� - 1912 X 9 99i b e ee c. Lieell Assistant Secretary CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDQIYYYY)o3/23D2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURTR(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER 541-889-8219 The Insurance Group, Inc. P. O. Box 718 C%JJ CT Michael C. Miller PHONE 41-889-8219 FAX 541-889-7415 (A/C, No, Ext): (A/c, No): E URA : Ontario, OR 97914-0718 Gregory K. Tuttle INSURERS AFFORDING COVERAGE NAIL # INSURER A: EMC Insurance Companies 21415 sURED lr agington Construction Corp f e on Igo 136191p INSURER B : State Insurance Fund 36129 INSURER C : INSURER D : Ontario, OR 97914 INSURER E : INSURER F : cnVTQec.FA r~TIRTITICaTT N11MFiFR-- REVISION NU'MIRER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIEA TYPE OF INSURANCE DOL UBR POLICY NUMBER POLICY EFF POLICY EXP 06/23/2020 LIMITS EACH OCCURRENCE $ 10000,000 X COMMERCIAL GENERAL LIABILITY OCCUR FX] X 5D88580 06/23/2019 AMAGE TOCLAIMS-MADE PREMISES (EaEoccccurrence $ 10000,000 MED EXP (Any one persqn 10$000 PERSONAL & ADV INJURY $ 110009000 GEN`L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT OTHER: GENERAL AGGREGATE $ 290009000 PRODUCTS - COMP/OP AGG 29000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS U�UiD�ON ONLY ATOLY 5E88580 06/23/2019 06/23/2020 COMBINED SINGLE LIMIT a ccident 190009000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accdent $ PROPER rr n wet $ A X► UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE 5J88580 06/23/2019 06/2312020 EACH OCCURRENCE $ 51000,000 AGGREGATE $ 5,0005000 DED t X► I RETENTION $ 10000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETO"ARTNER/EXECUTIVE FFICE#�i1MEMBER EXCLUDED? �r�, andatory In NH) (Ma If es, describe under DESCRIPTION OF OPERATIONS below N ! A 546524 04/01 /2020 04/0112021 X STAA TE ERH E.L. EACH ACCIDENT 5009000 $ E.L. DISEASE - EA EMPLOYE ��,��� $ E.L. DISEASE - POLICY LIMIT 5009000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of McCall is listed as Additional Insured per Form CG7875 (06/17). PROJECT: JASPER SUBDIVISION WATER AND DRAINAGE IMPROVEMENT City of McCall 216 E Park St McCall, ID 83638 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE i ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FormWN9 Request for Taxpayer Give form to the (Rev. November 2005) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ci Name (as shown on your income tax return) 0 Warrington Construction Corp of Oregon ©- Business name, if different from above a 0 0 F-1 Individual/ FV] corporation Check appropriate box: ' Sole proprietor 0 *0 Address (number, street, and apt. or suite no.) r PO Box 910 City, state, and ZIP code 4) Ontario, OR 97914 CL List account number(s) here (optional) TaxDaver Identification Number (TIN) LNPaOther------------------ E] Exempt from backup withholding Requester's name and address (optional) City of McCall, Idaho i Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3. or W Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 913�111114161914121 Certification 111nder penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or M I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been noed by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of - 2-1� - Here-_ .,U.S. person *AAa Date 00- A� - A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions,, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you 0 An individual who is a citizen or resident of the United States, o A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or & Any estate (other than a foreign estate) or trust. See Regulations sections 301.7701-6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: 0 The U.S. owner of a disregarded entity and not the entity, are: Cat. No. 10231X Form W-9 (Rev. 11-2005) tdaftd-'Tax Co"m'mission U1/H-5 Pubtic Works Con#rack Report. Sections St-19MA and 6"6?A(g)p fdaho Code, require all PONe Works Contracts to be,reported to MeTax, Commi"lon. Mis: Ibm must be filed with the r" Cownission wffhin 30 days after a contract is -awarded. 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A B t u t r c m e n s �� H E R E 0 , 3 t z - ; W ; W ' F i l e M 1 h e l d s h d S t 6 t e T c h k C o m m i s g i o n , P O B o x B o i s e t r y 8 3 7 2 2 - 2 2 0 , o r m o r e i h f o f t ; I r a n , r a t ( ( 2 0 8 ) . 3 3 3 4 - 7 6 1 8 4 L F F 0 6 6 W 0 0 . 1 7 . 6 9 6IR 1174 • ARTICLE I - BID RECIPIENT 1.01 This Bid is submitted to the City of McCall. This bid is for the Project titled: JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS— 2020 V 'A I [Q-9WM 0910-113 ahl"Z[Tlffs� Niff Emorl"HAR-101 5 V - BIDDER's Idaho Public Works Contractor License No.: #51014k4 License Expiration Date: "Jid, wu; BIDDER's Business Address: R 4. 6ex 9 0-61A Kir ,oft-00% 'A BIDDER's Business Phone No.: BIDDER's BIDDER's Email Address: brvoki waenjt*04#7 IV -5 Mal V This proposal is submitted as an offer by the undersigned to enter into contract with the City of McCall, McCall Idaho, hereinafter referred to as the "OWNER" for the JASPER SUBDIVISION, PHASE 11 WATER & DRAINAGE IMPROVEMENTS- 2020, specified herein, and which construction documents are on file with the Public Works Department, 815 N. Samson Trail, McCall, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the OWNER to the terms and prices herein submitted. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph I above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds and insurance certificates, as required by the specifications, in the full amount of the contract price within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the OWNER shall have the right to accept or reject any bid deemed to be in the best interest of the OWNER or the City of McCall. 7. The undersigned agrees to order all necessary equipment and materials within a period of three (3) days after Notice to Proceed has been issued by the OWNER. JASPER SUBDIVISION, PHASE U WATER & DRAINAGE INWROVEMENTS- 2020 7 REV. 1/20/20 5.01 BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Water Improvements Bid Item I ftem Descripi2n_ Spec Reference Quanft Unit Unit Price Total Amount Mobilization & General Conditions 2010.4-1.A.11, GC-1-3 1 LS 2 Erosion & Sediment Control TS-2 1 LS 50 0 es 3 Removal of Fire Hydrant Assembly 201.4.1.F.1 2 EAf 1' 4 Removal of Water Meter/Vault 201.4.1.F.1 15 EA C EM 5 Abandonment of Ex. Water Mains & Valves 201-4.1-C.1 LS O—C 6 -.Asphalt Removal 201.4.1.D.1 2,715 SY 4k Z 7 Exploratory Excavation 303-4.1-B-1 11 EA 8 Tie-in to Ellis f Water Main 401.4.1.13.1 1 EA /Z000 9 Water Main pipe - 81, C900 PVC 401.4.1.A.1 2,049. LF 56 /1),7 4 elsio 9.a Imported Trench Backfill (5" Minus) so TON V 49 2-sod 9.b Sewer Lateral Crossings M0306.4.1.D.1 m PLRWSD r� 18 EA *740 4f 6047 O.-P 10 Water Main Fitting, 811 401.4.1.8.7 14 EA M40 40 AW 10.a Sewer Lateral Repairs PLRWSD EA 10P 11 Valve-8" Resilient Seated 402.4.1.A.5 -5 6 EA -2_&e.0 Qe 1 2f j000 12 Fire Hydrant Assembly 403-4-1.A.1 2 EA t/p 000 P00 13 Fire Hydrant Assembly (Tee, Valve, and 6" PVC only) — Reuse Hydrant 401.4.1.8.1 1 EA *5060 otfol 14 Water Service, size 3/4" (Single) Includes all items sheet C502 404-4.1-A-1 EA Qk %� MONO tWater i� Service, size 1" (Double Meter) Includes all items sheet C502 I 404.4-1.A.1 11 EA 0do Z460 . 0" 1 JASPER SUBDIVISION, PHASE It WATER A DRAINAM IMPROVEMENTS- 2020 9 REV. 1/20/20 Spec Reference Unit Price Total Amount • New Saddle and Corps Stop Only and Connect to Ex. Service —C208) 404.4.1.A.1 Water Service Line 3/4" Water Service Line 1" 404.4.1.C.3 12" Blow -off Assemb!Y____ n & Type "C" Surface Restoratiort Gravel Roadway Asphalt Surface Restoration (Type "P" and ITD and driveways) Miscellaneous Surface Restoration dscapin 9 . 307.4.1.A.9 Tree Removal, 6" dia. and larger (for WK non -roadside ditch) Construction Traffic Control III 1103.41 .-A.1 TS.1 IIIII. �II BASE WATER BID (Sum of Items I throush 23 SUBTOTAL (Amount) Drainage Improvements Bid Item Item Desaip-1109n Spec Reference truant Unit Unit Pace Total Amount 24 Tree/Brush Removal 201.4.1.8.1 1 LS V 25 12" Corrugated Polypropylene (CPP) Culverts at Driveways 601.4.1.A.26 498 LF 7 390 As 26 15" CPP Road Crossing Culverts 601.4.1.A.26 144 LF 66 QV 86 q0 27 15" Gaiv. Steel End Sections 601.4.1.A.27 8 EA 28 Roadside Ditch, Ty ical Section N0Wx-.---Wft0.ftMM"201.4.1-E.1 1,*755 LF IV` E/3 S75' A4 29 Roadside Ditch, Shallow Section 201.4.1.E.1 LF 1-7 .5- T 27 '' BASE DRAINAGE BID (Sum of Items 24 through 291 SUBTOTAL (Arnoupt) //,57 b�'3 BASE BID - TOTAL Sum of Items I through 29 Amount) _Yq37 0-xx� *The Contract will be awarded to the lowest bid price. The OWNER maintains the right to reject any or all bids. JASPER SUBDIVISION, PHASE 11 WATER & DRAINAGE IMPROVEMENTS- 2020 10 RE V. 1/20/20 /57 �_ qF ARTICLE 6 - BID SUBMITTAL 6.01 Submitted on. FOA %2 O—V 6.02 This Bid is submitted by: An Individual Name (typed or printed): 0 (Individual's signature) Doing Business As: A Partnership Partnership Name: By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): A Corgor Corporation Name: State of Incorporation: cite 4- Type e rral usiness T-% rofessional, Service, Limited Liability): CAK By: 140% (Siature — attach evidence of authority to sign) X-C/ 11 J k- ri w I k /V i A A1Name kLypcu U1 P1 ULC���" Title: (CORPORATESEAL) Attest: A Joint Venture Name of Joint Venture: First Joint Venture Name: (SEAL) By: (Signature of first joint venture partner — attach evidence of authority to sign) JASPER SUBDIVISION, PHASE 0 WATER & DRAINAGE IMPROVEMENTS- 2020 11 REV. 1/20/20 Per Idaho Code, 67-23 10, BIDDER shall include in his or her Bid the names and address, and Idaho Public Works Contractor License Number of the Subcontractors who shall, in the event the Bidder secures the Contract, subcontract for plumbing, heating and air-conditioning work, and electrical work under the general Contract. Because no plumbing, heating and air conditioning, or electrical work is required for this project, such subcontractors shall not be listed. In addition to subcontractors for plumbing, heating and air-conditioning work, and electrical work, provide the names and addresses of the additional subcontractors, suppliers, individuals or entities called for in the Instruction to Bidders (include Idaho Public Works Contractor License Numbers for any subcontractors) Additional Subcontractor Name and Address Additional Subcontractor Name and Address Additional Subcontractor Name and Address Public Works License Number Public Works License Number Public Works License Number JASPER SUBDIVISION, PHASE U WATER & DRAINAGE IMPROVEMENTS- 2020 13 REV. 1/20/20 ARTICLE 8 — NON -COLLUSION AFFIDAVIT JASPER SUBDIVISION, PHASE II WATER & DRAINAGE IMPROVEMENTS- 2020 McCall, Idaho STATE OF IDAHO Valley County being first duly sworn, deposes and says that he/she is of Kimnwtm MnRA2raaf the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any 6discl10 d person, partnership, company, association, organization, or corporation, - that such bid is genuine and not collusive of sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any bidder, nor to fix any overhead, profit, or cost element of such bid price, nor that of any other bidder, nor secure any advantage against the public body awardig the contract or anyone interested in the proposed contract; that all statements contained in such bid are true, and, further, that said bidder has not, directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation., partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any individual, except such person or persons as have a partnership or other financial interest with said bidder in his general business. Subscribed and sworn to before me thisqGdayo&��,t4-Af 120 cPC> Notary Public for Residing at: t)uc'-"� My Commission Expires:• OFFtOMSTAMP LAURA ELLEN WATTS NOTARY PUBLIC-OREGON OOMMISStON NO. 983446 My CommsSION EMRES FEBRUARY 07, 2023 JASPER SUBDIVISION, PHASE 11 WATER & DRAINAGE IMPROVEMENTS- 2020 14 REV. 1/20/20 1. BIDDER (Name and Address): Warrington Construction Corporation of Oregon P.O. Box 910 — Ontario, OR 97914 2. SURETY (Name and Address of Principal Place of Business): Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 3. OWNER (Name and Address),: City of McCall 815 Samson Trail 4. BID: McCall, ID 83638 Bid Due Date: FebruaEy 7. 2020 Description (project name and location): Jasper Subdivision, Phase 2 Water and Drainaite lmorovemeom McCall. Idaho 5. BOND Bond Number: Bid Bond Date: Januant 22, 2020 Penal Sum: Five Percent of Total Amount— $ 596 (Words) (Amount) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. 6. BIDDER SURETY Warrinitton Construction Corporation of Ore 11111,p Liberty Mutual Insurance Company (Scab Bidder's N e. an Conotde ea ll Wo Surety's Name and Corporate Seal 410,00- 174 By: JU HOW A4 IWV 71�U V 9'It/ I Z w"awb: Gww_ '1�a e' am Signature Signature n L 1 AA rIn pfit 4-1 L&I I k-L41 Print Na# % 0 R_ E G Title Attest: Attest: Signature V Brenda J. Smith Print Name - -A. Attorney:in-Fact Title Signature Linda Miner, Witness Title JASPER SUBMISION. PHASE 13 'WATER & DRAINAGE INTROVEWNTS- 2020 15 REV. 1/20/20 Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. Bidder and Surety, ,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1. OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by OWNER, or 3.3.OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER., which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal JASPER SUBDPASIDN, PHASE U WATER & DRAINAGE IMPROVEMENTS - 2020 16 REV. 1 /20/2020 This Pom of AtIorney lknb Vo uft of #we =mW herein, and *q have no x6orlity to bind (M Canqwy except In I* manner and to ft ex1en herein ifthmi Nat weld for n oduags, note, kw% MW of credit, bank deposit, curf*M rate, kdsmd no or re value 11 - - likee.Tocoob #i*vsNfto(ftPomofA*=qc4 MM GI - between M am vW 430 pro EST on ej __ day. — a V Lib mutualS, SURETY � TOW 14 aflut-A M —off] :1 KNOWN ki PERSONS BY THESE PRESENTS: That The Ohb Casualty Insuranos, Company is a corporalim dully oWftd under to km of the State of Now Hampshire, that Lftrty MukW Insurance Caripany is a corporation dully organized under to law of the ftele of 4MV a , and W90 Mwkw Insurance Company is a corpomim dully or pized under the laws of the St* of Indians (herein collectively called the TornperW), pumuW to and by oWho* herein W b1h, does hereby name, cons and appoint.ftranga J. Smith of the CRY Of poise stabs of ID Its true and InwU atllormy*44 v* AA power and atvlly hereby *on** b sign, execuie and - the bbwkV surety bond: PrkrApall Nan a. Warrington Construction, Corporation of Oregon Obligee Name: City of McCall Surety Board Nun nber. B!4 99od—_ Bow Ama- See Bond Poo IN WRNM WHEREOF, this Pow of Attorney has been subscrtW by an aftized of or official of to Companies and to corporift sub of the Companies have been Wind tomb ft 121h day of 2DI& 00 It INS The Ohio Casualty Insurance Company Liberty MAW Insurance Company et 0 Insurance Company oft z 191 9 1991 LA 10 By: DOW WICarey. Assistant Seanatoy "All"U's"T'NOW, I i WWII,, IfL617V :T - .ki On ft 1201 day of Decarriber. 2018. before me personallly appeared David M. Car", who a*h edged himseN b be the Assistant Secretary of Liberty Mutual Irannoe Cornpany, The Ohio Cunky Company, OW Wed American Insurance Company, and that he, as such, being atutted 90 to do, execute Ifie foregoing instrument for to purposes Owein contained by siping on behalf of be axpefts by himself as a dully auttoked ofter. IN WITNESS WHEREOF, I have hereunto suboibed my name and affuted my n*ft seal at MV of Prussia, Pennsylvania, an the day and year first above written. Sin PAST COMMONWEALTH OF PENNSYLVANIA A Not&" S" Tom& Pea"s. NkMW Flt of MpMmion 7Wp., I%Pmvmy County y: y Convnission Mwch 28,2021 Tom" Pasteftt- N&W Public howntor. PeowwrAvanl&As=-Rsft rwatNotaries -A- ThisPowerof 13 "am and execulied. pursuant 10 and by suftrity of the tillowirig Bylaws and AuIhorizabm 01 liberty kMW Insurance Company, The Ohio Casualty Insurance Company, and Woo American Insurance Company which resoMions are now in ** force and eftd reading as Jokos: ARTICLE IV - OFFEERS - Section 12. Poor of Attorney. Any officer or other oftW of dw Corporvition authorized for the purpose in writing by du Chairman or be PresidsK and subiod to such kriWion as to Chi mun or to Presidwt my prescrIlbes &W app oint such as may be necesury b ad in behW of Me Corporation lo molle, amulle, segi, arlMn -ledge and de#Wqr as surety any and WI bands, mmWotwsw*ob%sdm. Such stbTwyb-1n4a k:k todto ft knilIations set tdh in their respealve peeve = of afty", " have Jul pmw to bind ft Coorporabon by their signature and execution of any such inshcoft and to abch tomb to well of the CorporAw. When so examied, such insWm* shalll be as bin cft as I signed by ft President and sft*d to by to Secretary. Any power or attailly granted ID any representetivran or eflorney. irl-fled under he prrrrbiorns of this article may be revoked at any 1in* by On Board, Me Chairman, to Pmsident or by the officer or officers granting such pow or atmrilly. ARTICLE = - Execution of Catracts - SECTION 5. Surety Sonds and Underbiing& Any Most of to Company aftrized for VW purpose in w&q by the chairrnan or the president, and,subject to such limitations as 1he &d*nm or the president may Pscribe, shaill appoint such &tIom*ys4wfKt as may be necessary to ad in beW of the Cornpany to make, execute, Sol, acS000wirdge and deliver as surety any XW al underialck I, bonds, recoorkanoss, and other stnelly d*pdm. &jch 9111on sys4ro-W stag od to the knilialiorts set kit In 11heir IriespecM powers of aftomayt shall have #A pow lo bind the Canpieny by #%*, s4nan and execution of any coach in*ume* and, Ic attach thereto the wal of the Company. When sDexemilledsuch InOurnenisshal! boas binding as UsIgned bydoe president and ineem bythe secrietary. Cwdflcsb of Des%pudon - The PresitllsM of to Company, adng pursuant b to Bylaws of the Company, &Ax*es David M. Corey, Assistant SocreWy to appoint ach aftr*pwin- ft"M I aid as s s wrety any and all undertakings, bonds, fecognizances and odw w* %d as mW be misery lo act an bet of the Company lo mak, enxulle, seal, WW'UIW oNowns. By unanirmus consent of the Company's Board of Dinftre, the Company oofftnts that facsimile or mprodticed signature of any usistant secrelary of the Ciompany, wtecover appwing upon a cWW copy of any power of attorney issued by the Company in cw*cbon I surely bonds, sW be valid and binding upon the Company wkh the serm force and 91W as Vagh manuaily athed. 1, Renee C. Llemwellyn, the L ANN 4 1 , Assistant Secretary, of LbMy Mutual Insurance Company, Tice OW Ciasualty Insunm Company, and West Amerkw Insurance Cornfeny do hereby M* that this pow of abw*y e=Aed by said Companies is in Jul bme and eted and has W been revolted. IN I ES"I UM WHEREOF, I have twounb set my hand and affixed the sealls of said Companies this 0 r% 1919 qC 1912 FE 1991 22nd —day of January, — 2020 . By: ASNIS C. ILM4499NA Qant SweWy