Service Solicited - 2023 - Garland/DBS Inc - Garland/DBS, Inc. - Library Roof Replacement CONTRACT FOR
JOB#25-ID-220872
BETWEEN City of Eagle AND GARLAND/DBS, INC. FOR REPLACEMENT Public Library
Roof Project
1.) This CONTRACT is made at Cuyahoga County as of September 5, 2023, ("Effective
Date"), by and between the City of Eagle located at 660 E Civic Lane Eagle,ID 83616
(hereinafter designated the"CUSTOMER"), and Garland/DBS,Inc., located at 3800 East
91'Street Cleveland, OH 44105 (hereinafter designated the"CONTRACTOR").
2.) The CONTRACTOR shall furnish all material, labor, equipment, and tools necessary for
the Public Library Roof Project located at 100 N Stierman Way Eagle,Idaho 83616,as
well as all work incidental and pertinent thereto, (hereinafter designated the "Project")all
in accordance with the original proposal#25-ID-220872 dated 07/26/2023 submitted by
the CONTRACTOR(hereinafter together designated the "Specifications"), a copy of which
is attached hereto as Exhibit A and incorporated herein. In the event of any conflict,
ambiguity,or inconsistency between the terms contained in this CONTRACT and the
Exhibits,the terms set forth in this CONTRACT shall govern and control.
3.) The term of the CONTRACT shall begin on the Effective Date first written above, and
shall be completed 180 days thereafter, unless sooner terminated as permitted herein,or
unless extended by agreement of the parties set forth in writing. The work shall commence
within ten (10)days from the date that CONTRACTOR receives a copy or original of the
fully executed CONTRACT, which receipt shall be considered Notice to Proceed. The
CONTRACTOR is required to submit to the CUSTOMER a Certificate of Insurance and
Performance and Payment bonds prior to commencing work. In addition,the work shall be
scheduled as agreed upon by the parties.
4.) The sums to be paid to the CONTRACTOR shall be at the bid price(s) shown on the
Specifications (Exhibit A), and the total to be paid to CONTRACTOR shall be a maximum
of$250,907.00 (includes $1,500 for insulation renlacementl as set forth in the purchase
order and Exhibit A. Invoices shall provide details of all Project expenses as permitted in
this CONTRACT. CONTRACTOR shall apply no late charges, interest or penalties to any
invoice or charges for services until 30 days from the CUSTOMER receipt of the invoice.
If this CONTRACT is terminated for convenience for any reason, then the
CONTRACTOR shall be paid pro rata for all services performed, materials purchased, and
administrative costs incurred, including lost profit,to the effective date of termination.
5.) If the CUSTOMER wishes to terminate the CONTRACTOR for cause due to the failure of
CONTRACTOR to perform as required under this CONTRACT and/or in a manner
consistent with the degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances,then the CUSTOMER must
provide the CONTRACTOR with written notice of said failure to perform. The
CUSTOMER must give ten(10)working days from the CONTRACTOR's receipt of the
Notice to Cure for the CONTRACTOR to cure or take reasonable action to commence to
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cure the performance concerns specified. If the CONTRACTOR does not take appropriate
action within the ten (10)day period,the CUSTOMER may issue a Final Notice to Cure.
The CON TRACTOR will have an additional five(5)working days from the receipt of the
Notice to Cure to cure or take reasonable action to commence to cure before the
CUSTOMER can terminate the CONTRACT. If the CONTRACTOR is terminated for
cause,the CUSTOMER may provide or employ any necessary labor and materials in lieu
of CONTRACTOR to finish part or all of the work under the CONTRACT or to
supplement the work of CONTRACTOR,and to deduct the cost thereof from any money,
then due or thereafter to become due to the CONTRACTOR; and if such cost shall exceed
the balance due to CONTRACTOR, then the CONTRACTOR shall pay the difference to
the CUSTOMER.
6.) CUSTOMER may issue subsequent modifications to the Purchase Order(s)for additional
work that was not known or included in the Specifications that is found to be needed during
the work on the Project to complete the Project over and above the amount set forth in this
paragraph four(4)and in Exhibit A. CONTRACTOR must seek approval from the
CUSTOMER before performing any additional work. The CUSTOMER must provide the
CONTRACTOR written documentation of the modification to the Purchase Order within
three(3)business days of verbal approval. CONTRACTOR is not obligated to perform
additional work until written modification has been received from the CUSTOMER, but
may commence work based upon a reasonable assumption that written modification will be
issued. Incidental additional work performed by the CONTRACTOR without
CUSTOMER consent will be evaluated and considered for payment based upon the work's
merit. If the CUSTOMER determines the incidental additional work was not included in
the original scope of the project and required for the CONTRACTOR's uninterrupted
performance in fulfillment of the contract,then the CUSTOMER will approve the
CON fRACTOR's request for payment for incidental additional work.
7.) All the work done under this CONTRACT shall be performed under the oversight of
, the CUSTOMER'S representative. All notices hereunder shall
be (a) in writing; (b)delivered to the representatives of the parties at the addressees set
forth in the Specifications, unless changed by either party by notice to the other party; and
(c) effective upon receipt.
8.) The CONTRACTOR shall furnish the CUSTOMER with a performance or contract bond
and a labor and material bond, each in the amount of$250.907.00 (includes$1,500 for
insulation replacement) a Certificate of Workers' Compensation, and a Certificate of
Insurance evidential of comprehensive general liability insurance and property insurance
with minimum coverage in amounts reasonable to or exceeding what is normally expected
for a comparable project in size and scope. Further, said Certificate of Insurance shall
name City of Eagle as an additional insured. Said Certificate of Insurance shall also
provide that at least thirty (30)days written notice shall be given to the CUSTOMER of
any material change in, or cancellation of, said insurance.
9.) Should the CONTRACTOR at any time refuse or neglect to supply a sufficiency of
properly skilled workers or materials of the proper quality, or fail in any respect to
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prosecute the work herein described with promptness and diligence, or fail in the
performance of any of the agreements contained herein, the CUSTOMER shall have the
right to immediately suspend all work, or any part thereof under this CONTRACT, upon
the CUSTOMER's issuance of a stop work notice to the CONTRACTOR and the
CONTRACTOR's confirmed receipt of the stop work notice. The work shall continue to
be suspended until such time as the CUSTOMER and CONTRACTOR have come to a
mutual agreement on how the work under the CONTRACT shall proceed. Should the
CONTRACTOR continue to refuse or neglect to supply a sufficiency of properly skilled
workers or materials of the proper quality, or fail in any respect to prosecute the work
herein described with promptness and diligence, or fail in the performance of any of the
agreements contained herein,then the CUSTOMER may, after following the procedures
listed in Section 5 above,terminate the CONTRACT for cause.
10.) The CONTRACTOR shall indemnify, save harmless, and defend the CUSTOMER from
and against all losses,claims, demands,payments, suits, actions, recoveries, and judgments
of every nature and description, made, brought, or recovered against the CUSTOMER by
reason of any negligent act or omission of the CONTRACTOR, its agents, its
subcontractors, or its employees, in the execution of the work herein contracted for.
11.) The CONTRACTOR or CUSTOMER has the right to request and be granted a Termination
for Convenience from the CONTRACT obligations if there is a joint determination from
both the CUSTOMER and the CONTRACTOR that the termination is in the best interests
of both parties, or if the CONTRACTOR or CUSTOMER believes the Termination for
Convenience to be in its best interests because a timely resolution, within ten (10)days
from the CUSTOMER'S receipt of written notification, will not be provided with regard to
requests for information (RFI), request for clarification, or requests for modification to the
Purchase Order(s)due to differing site conditions, vague Specifications, or unforeseen
circumstances. Under a Termination for Convenience, the CONTRACTOR or
CUSTOMER shall be reimbursed for all justifiable costs including price of supplies,
services delivered, and administrative expenses, including lost profit under the
CONTRACT or Purchase Order.
12.) This CONTRACT shall be deemed to contain all the terms and conditions agreed to
between the parties, who both agree that no representations or promises of any kind
whatsoever have been made other than herein contained, and this CONTRACT shall be
binding upon both parties and their respective heirs, administrators, executors, successors,
and assigns.
13.) This CONTRACT is contingent upon receipt of a written purchase order from
CUSTOMER. All terms must be agreed upon by both parties.
14.) CUSTOMER shall have the right to approve all subcontracts or assignments of work equal
to or exceeding $10,000. CUSTOMER shall not unreasonably withhold, delay or condition
subcontracting or assignments, but may express final and binding disapproval of a
proposed assignee or subcontractor. Should the CONTRACTOR be forced to choose a
different subcontractor/assignee that is of higher cost than the initial
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subcontractor/assignee, due to the CUSTOMER's disapproval, the CONTRACTOR shall
be able to request and will receive approval from the CUSTOMER for a modification to the
CONTRACT to cover the additional cost. CONTRACTOR shall remain responsible for
the work of any agent or independent contractor to whom it assigns its Work, and any
assignment or subcontract shall incorporate the terms of this Contract into its contract
delegating its Work.
15.) If the Project involves construction of a public improvement at a cost exceeding the
threshold for payment prevailing wage rates of pay,each laborer, workman or mechanic
employed by the CONTRACTOR for performance of the Project herein described or by the
subcontractor shall be paid not less than the minimum rate of pay for the applicable pay
classification. The CONTRACTOR and their subcontractors who are subject to the
requirements of paying prevailing wages shall keep full and accurate payroll records
covering all disbursements of wages to their employees to whom they are required to pay
not less than the prevailing rate of wages. The CONTRACTOR and its subcontractors
shall deliver to the CUSTOMER a certified copy of their respective payrolls, within two
weeks of the CUSTOMER's request, for each pay period requested by the CUSTOMER.
16.) Payments to the CONTRACTOR shall be made at the rate of ninety-five percent (95%)of
the approved partial payment estimate for each monthly progress billing. The CUSTOMER
will retain five percent(5%)of every approved partial payment. The retained amount will
be paid to the CONTRACTOR no later than thirty (30) days following Final Acceptance of
the work. Upon completion and acceptance of the work,the CUSTOMER shall issue a
certificate attached to the final payment request that the work has been accepted by it under
the terms,promises and conditions of the CONTRACT.
17.) CONTRACTOR has been employed under this Contract as an independent contractor in
order to construct its portion of the Project. CONTRACTOR agrees that no authority has
been conferred upon it by CUSTOMER to hire any person(s) on behalf of CUSTOMER,
and CUSTOMER undertakes no obligation of any sort to CONTRACTOR's employees or
subcontractors. It is understood and agreed that the CONTRACTOR shall select, engage,
and discharge its employees, agents, or servants and otherwise direct and control their
services. CONTRACTOR will also comply with all laws concerning qualification to do
business and engage in the work involved under this CONTRACT and will file all returns
and reports required of it and pay all taxes and contributions imposed upon it.
18.) CONTRACTOR agrees not to discriminate against any employee or applicant for
employment because of age, race, color, religion, sex, or national origin.
19.) The CUSTOMER shall not be considered to have accepted possession of the work under
this CONTRACT until a notice of completion is issued to the CONTRACTOR by the
CUSTOMER or CUSTOMER's representative, or payment of the full CONTRACT
compensation is received by the CONTRACTOR, unless the Parties otherwise mutually
agree.
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20.) CONTRACTOR,at all times during its performance of its work under this CONTRACT,
shall keep the work site, grounds, and roof tops surrounding the work site free from
accumulation of waste materials or rubbish caused by its activities. Upon completion of
the work under this CONTRACT,the CONTRACTOR shall promptly remove all its waste
materials and rubbish from and about the work site, as well as, its tools, construction
equipment, machinery, and surplus materials, as to leave the work site "Broom Clean" or
its equivalent.
21.) The law is hereby agreed to be the law of the State where the Project is situated. The
parties agree that the proper venue for action, suit, or other litigation arising under this
agreement shall lie in the courts of Ada County, ID. In the event legal action is instituted
to enforce this agreement, each party agrees to bear its own attorney fees and costs while
waiving the right to collect attorney fees and costs from the opposing party. Each party
also agrees to waive its right to have any pending action or trial heard by a jury.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF,authorized representatives of each party to this CONTRACT,
indicating their party's approval of the terms herein,have signed as of the dates set forth
below.
WITNESSES: G' ' - i/DBS
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6 of 7
Exhibit A
Garland/DBS. Inc.
" 3800 East 91'` Street ' l ,
GARLAND
Cleveland. OH 44105
•
Phone: (800) 762-8225
s i n c e 1 8 9 5 Fax: (216) 883-2055
ROOFING MATERIAL AND SERVICES PROPOSAL
City of Eagle
Public Library
100 N Stierman Way
Eagle, Idaho 83616
Date Submitted: 07/26/2023
Proposal #: 25-ID-220872
MICPA # PW1925
IDAHO General Contractor License#: PWC-C-16325
Purchase orders to be made out to: Garland/DBS, Inc.
Please Note: The following budget/estimate is being provided according to the pricing established under
the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and
OMNIA Partners, Public Sector (U.S. Communities). Garland/DBS, Inc. administered an informal
competitive process for obtaining quotes for the project with the hopes of providing a lower market-
adjusted price whenever possible.
Scope of Work: Solar Brite KEE— Replacement 20 Yr Warranty (Mechanically Fastened)
1. Tear off existing EPDM membrane down to Polyiso insulation.
2. Replace any saturated Polyiso insulation as identified through a moisture detection survey.
3. Install '/2" gypsum recovery board. System to be mechanically fastened according to ASCE 7
calculations.
4. Install mechanically attached Solar Brite KEE (60mi1) membrane per specification.
5. Install new details throughout project according to manufacturer's published details.
Base Bid Total Maximum Price of Line Items under the MICPA: $ 300,403
Proposal Price Based Upon Market Experience: $ 249,407
Garland/DBS Price Based Upon Local Market Competition:
1 CentiMark $ 249,407
2 Roman Roofing $ 275,975
3 Flynn $ 439,439
Unforeseen Site Conditions:
Additional Insulation Replacement $ 1.35 per Board Ft.
Page 1 of 2
Potential issues that could arise during the construction phase of the project will be addressed via unit
pricing for additional work beyond the scope of the specifications. This could range anywhere from wet
insulation, to the replacement of deteriorated wood nailers.
Please Note—The construction industry is experiencing unprecedented global pricing and availability
pressures for many key building components. Specifically, the roofing industry is currently experiencing
long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore,
this proposal can only be held for 30 days. DBS greatly values your business, and we are working
diligently with our long-term suppliers to minimize price increases and project delays which could effect
your project. Thank you for your understanding and cooperation.
Clarifications/Exclusions:
1. Permits are included.
2. Bonds are included.
3. Plumbing, Mechanical, Electrical work is excluded.
4. Masonry work is excluded.
5. Interior Temporary protection is excluded.
6. Any work not exclusively described in the above proposal scope of work is excluded.
If you have any questions regarding this proposal, please do not hesitate to call me at my number listed
below.
Respectfully Submitted,
Pwzod
Jarod Miller
Garland/DBS, Inc.
(216)430-3606
Page 2 of 2
•
Document A312TM - 2010
Performance Bond Bond No.30201737
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
GARLAND/DBS,INC. of business)
3800 East 91st Street
Cleveland,OH 44105 WESTERN SURETY COMPANY
151 N.Franklin Street This document has important legal
Chicago,IL 60606 consequences.Consultation with
OWNER: an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
CITY OF EAGLE
660 East Civic Lane Any singular reference to
Eagle,ID 83616 Contractor, Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date:September 5,2023 AIA Document A312-2010
combines two separate bonds,a
Amount:Two Hundred Fifty Thousand Nine Hundred Seven and 00/100 Dollars Performance Bond and a
($250,907.00) ,,°`°°'""""•,, Payment Bond,into one form.
N,,,,,�'•,, This is not a single combined
Description: i
CORp•• � ;performance and Payment Bond.
(Name and location) p. 0
Contract No.25-ID-220872;Public Library — ; ��•N •
t.
;� coo m•0
BOND •.<9�
9 ��
'
Date: October 19,2023 ', ......• ..`
(Not earlier than Construction Contract Date) ••'•,,•..1/jj1.......
�
Two Hundred Fifty Thousand Nine Hundred Seven and 00/100 Dollars
Amount:($250,907.00)
Modifications to this Bond: In None 0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
GARLAND/DBS C. WESTERN SURETY COMPANY
Signature: Signature:
Name ,'ziA,,, Name D onya Wrig t,A mey-in- ac
and Title: Pt.4Sic(‘ and Title:
(Any additional signatures appear on the last page of this Performance Bond.)
(FOR INFORAL4TION ONLY--Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
AON RISK SERVICES CENTRAL,INC. (Architect, Engineer or other party)
200 E.Randolph St.
Chicago,IL 60601
(312)381-1000
AIA Document A312TM'—2010.The American Institute of Architects.
1
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A312' —2010.The American Institute of Architects.
2
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs fast.If the provisions of this Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§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.
AIA Document AS12,"—2010.The American Institute of Architects.
3
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: , Name and Title: ,Attomey-in-Fact
Address: Address:
AIA Document A312TM—2010.The American Institute of Architects.
4
AA
WVIIIE
Document A3I2TM - 2010
Payment Bond Bond No.30201737
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
GARLAND/DBS,INC. of business)
3800 East 91st Street
Cleveland,OH 44105 WESTERN SURETY COMPANY
151 N.Franklin Street This document has important legal
Chicago,IL 60606 consequences.Consultation with
OWNER: an attorney is encouraged with
respect to its completion or
(Name, legal status and address) modification.
CITY OF EAGLE
660 East Civic Lane Any singular reference to
Eagle,ID 83616 Contractor, Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: September 5,2023 AIA Document A312-2010
combines two separate bonds,a
Amount: Two Hundred Fifty Thousand Nine Hundred Seven and 00/100 Dollars Performance Bond and a
($250,907.00) ••,,,„",',1,,,, Payment Bond,into one form.
Descri lion: ••••• pFtLA/V�� This is not a single combined
(Name and location) G ,
•.CORp0'OAS.performance and Payment Bond.
Contract No.25-ID-220872;Public Library �cc, z
BOND - �•��` 019
Date: October 19,2023 % • `••WARE
(Not earlier than Construction Contract Date) • . ••
Two Hundred Fifty Thousand Nine Hundred Seven and 00/100 Dollars
Amount:($250,907.00)
Modifications to this Bond: KI None 0 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: Corporate Seal) Company: (corporate Seal)
GARLAND/DBS!� WESTER URETY COMPANY
Signature: Signature:
Name t �o, ,,lx, Name Dart rig t,Attomey-i -
and Title: 2c5 d and Title:
� c...f�'
(Any additional signatures appear on the last page of this Payment Bond.)
(FOR INFORMATION ONLY--Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
AON RISK SERVICES CENTRAL,INC. (Architect, Engineer or other party:)
200 E.Randolph St.
Chicago,IL 60601
(312)381-1000
AIA Document A312TM'-2010.The American Institute of Architects.
5
•
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the patty to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the
Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract ate dedicated to satisfy obligations of the Contractor and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work.
AIA Document ASI2TM—2010.The American Institute of Architects.
6
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
,7 the total amount of previous payments received by the Claimant and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
AIA Document AS12""—2010.The American Institute of Architects.
7
§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:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title`. Name and Title: ,Attorney-in-Fact
Address: Address:
MA Document A312n,—2010.The American Institute of Architects.
8
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,
constitute and appoint
Sandra M Winsted,Jennifer L Jakaitis,Christopher P Troha,Derek J Elston,Susan A Welsh,Christina
L Sandoval,Judith A Lucky-Eftimov,Bartlomiej Siepierski,Aerie Walton,Nicholas Pantazis,Kristin
L Hannigan,Samantha Chierici,Corinne Chapman,Jean Torres,Roger Paraison,Nicholas Kertesz,
Tara A Reimer,Dartonya Wright,Richard Casas,Rachel Fore,Individually
of Chicago,IL,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions printed on the reverse hereof,duly adopted,
as indicated,by the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 17th day of June,2023.
asJpET+y�y WESTERN SURETY COMPANY
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Larry Kasten,Vice President
State of South Dakota
ss
County of Minnehaha
On this 17th day of June,2023,before me personally came Larry Kasten,to me known,who,being by me duly sworn,did depose and say: that he
resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be
the act and deed of said corporation.
My commission expires + S
M.BENT
�"}rp NOSOUTH TARY PUBLIC + 1 '?
March 2,2026 61414t
i DANOTA sEn1
M.Bent,Notary Public
CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,
and further certify that the By-Law and Resolutions of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto
subscribed my name and affixed the seal of the said corporation this 19t6 day of October , 2023
rpos Pyc WESTERN SURETY COMPANY
tiQ!QPOft oS
o�TH.p
L.Nelson,Assistant Secretary
Form F4280-4-2023
Go to www.cnasuretv.com >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity.
Authorizing By-Laws and Resolutions
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
This Power of Attorney is signed by Larry Kasten,Vice President,who has been authorized pursuant to the above Bylaw to execute power
of attorneys on behalf of Western Surety Company.
This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and
by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 27th
day of April,2022:
"RESOLVED:That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital
signatures and to ratify and confirm the use of a digital or otherwise electronic-formatted corporate seal,each to be considered the act
and deed of the Company."