HomeMy WebLinkAboutIndependent Contractor Services Agreement with L2 Excavation for Water Line Replacement E Antilles CourtAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION
PROJECT # 10439
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this
Co -20-day of JUNE, 2015, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and L2 EXCAVATION, LLC,
hereinafter referred to as "CONTRACTOR", whose business address is 2817 Brandt Ave,
Nampa, ID 83868 and whose Public Works Contractor License # is C -020467-A-4.
INTRODUCTION
Whereas, the City has a need for services involving WATER LINE
REPLACEMENT - E ANTILLES COURT - CONSTRUCTION; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scope of Work:
1.1 CONTRACTOR shall perform and furnish to the City upon execution of this
Agreement and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Attachment "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 1 of 12
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state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided
in Attachment B "Payment Schedule" attached hereto and by reference made a
part hereof for the Not -To -Exceed amount of $76,995.30.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment made by
City to Contractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Attachment A.
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 2 of 12
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3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Attachment B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 60(sixty) calendar
days to complete the work as described herein. Contractor shall be liable to the
City for any delay beyond this time period in the amount of $500.00 (five hundred
dollars) per calendar day. Such payment shall be construed to be liquidated
damages by the Contractor in lieu of any claim or damage because of such delay
and not be construed as a penalty.
Substantial Completion shall be accomplished within 45 (forty-five) calendar days
from Notice to Proceed. This project shall be considered Substantially Complete
when the Owner has full and unrestricted use and benefit of the facilities, both from
an operational and safety standpoint, and only minor incidental work, corrections or
repairs remain for the physical completion of the total contract. Contractor shall be
liable to the City for any delay beyond this time period in the amount of $500.00
(five hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty.
4. Termination:
4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 3 of 12
Project 10439
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Attachment A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. If in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
6. Indemnification and Insurance:
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and
for any and all losses, claims, actions, judgments for damages, or injury to persons
or property and losses and expenses and other costs including litigation costs and
attorney's fees, arising out of, resulting from, or in connection with the performance
of this Agreement by the CONTRACTOR, its servants, agents, officers,
employees, guests, and business invitees, and not caused by or arising out of the
tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and
specifically agrees that it will maintain, throughout the term of this Agreement,
minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per
incident or occurrence, Automobile Liability Insurance One Million Dollars
($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in
the statutory limits as required by law.. The limits of insurance shall not be deemed
a limitation of the covenants to indemnify and save and hold harmless CITY; and if
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 4 of 12
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CITY becomes liable for an amount in excess of the insurance limits, herein
provided, CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments for
damages or injury to persons or property and other costs, including litigation costs
and attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. In the event the insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City Purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, Idaho 83642.
6.2 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's Insurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess of
the Contractor's insurance and shall not contribute with Contractor's insurance
except as to the extent of City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public Works
Improvement Projects per the ISPWC and the City of Meridian Supplemental
Specifications & Drawings to the ISPWC, which by this reference are made a part
hereof.
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 5 of 12
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Warranty: All construction and equipment provided under this agreement shall be
warranted for 2 years from the date of the City of Meridian acceptance per the
ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC
and any modifications, which by this reference are made a part hereof.
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date of City's
acceptance of the corrected work.
9. Meridian Stormwater Specifications: All construction projects require either a
Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control
plan (ESCP) as specified in the City of Meridian Construction Stormwater
Management Program (CSWMP) manual. The CSWMP manual containing the
procedures and guidelines can be found at this address:
10. Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY
CONTRACTOR
City of Meridian
L2 Excavation, LLC
Purchasing Manager
Attn: Eric Bird
33 E Broadway Ave
2817 Brandt Ave
Meridian, ID 83642
Nampa, ID 83687
208-888-4433
Phone: 208-800-0330
Email: ericOl2excavation.com
Idaho Public Works License 4tC-020467-A-4
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
11. Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorneys' fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to
be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
12. Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of, and a default under, this Agreement by the party so failing to
perform.
13. Assignment: It is expressly agreed and understood by the parties hereto, that
CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 6 of 12
Project 10439
of its rights under this Agreement except upon the prior express written consent of
CITY.
14. Discrimination Prohibited: In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
15. Reports and Information:
15.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
15.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
16. Audits and Inspections: At any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY for
examination all of CONTRACTOR'S records with respect to all matters covered by
this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make
excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
17. Publication, Reproduction and Use of Material: No material produced in whole
or in part under this Agreement shall be subject to copyright in the United States or
in any other country. The CITY shall have unrestricted authority to publish, disclose
and otherwise use, in whole or in part, any reports, data or other materials prepared
under this Agreement.
18. Compliance with Laws: In performing the scope of work required hereunder,
CONTRACTOR shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
19. ACHD: Contractor shall be responsible for coordinating with the City to obtain
appropriate ACHD permit(s) and will reimburse the City for fees, fines, or
penalties City incurs due to Contractor's violation of any ACHD policy. City shall
certify to ACHD that Contractor is authorized to obtain a Temporary Highway and
Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge
and agree that the scope of the agency granted by such certification is limited to,
and conterminous with, the term and scope of this Agreement.
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 7 of 12
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20. Changes: The CITY may, from time to time, request changes in the Scope of Work
to be performed hereunder. Such changes, including any increase or decrease in
the amount of CONTRACTOR'S compensation, which are mutually agreed upon by
and between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
21. Construction and Severability: If any part of this Agreement is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other
part of this Agreement so long as the remainder of the Agreement is reasonably
capable of completion.
22. Waiver of Default: Waiver of default by either party to this Agreement shall not be
deemed to be waiver of any subsequent default. Waiver or breach of any provision
of this Agreement shall not be deemed to be a waiver of any other or subsequent
breach, and shall not be construed to be a modification of the terms of this
Agreement unless this Agreement is modified as provided above.
23. Advice of Attorney: Each party warrants and represents that in executing this
Agreement. It has received independent legal advice from its attorney's or the
opportunity to seek such advice.
24. Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
25. Order of Precedence: The order or precedence shall be the contract agreement,
the Invitation for Bid document, then the winning bidders submitted bid document.
26. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information
or documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall clearly designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The CITY will not accept the marking of an
entire document as exempt. In addition, the CITY will not accept a legend or
statement on one (1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the CITY against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
designate individual documents as exempt. The Contractor's failure to designate as
exempt any document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by any such
release.
27. Applicable Law: This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian.
WATER LINE REPLACEMENT - E ANTILLES COURT- CONSTRUCTION page 8 of 12
Project 10439
28. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OFMERIDIAN 1-2 EXCAVATION, LLC
TAMMY de WE. RD, MAYOR ERIC BIRD, Vice President
Dated: ( t b Qatedm SuwC J 7-0 t S'
3��,�ivnnerr,nu�os
Approved by Council: 1 %C7E
rc "Yoe
Attest:
JAYCEE L. OLM N; CITY -GL K
Purchasing Approval
BY:
KEIT ,WATTS, Purchasing Manager
Dated::
Project Manager
Dean Stacey
IUAfIO
5�t1Y, W
VP
ib iR [ASu�'�
1
Depar int App oval
WARREN STEVART, Engineering Manager
Dated:: & F
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 9 of 12
Project 10439
Attachment A
F10101a:1156NAT1+11.1:1
REFER TO INVITATION TO BID PW -15-10439
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW -15-10439, are by this reference made a
part hereof.
• PLAN SHEETS - WATER LINE REPLACEMENT— E. ANTILLES
COURT - BY JUB ENGINEERS, INC dated 8/17/2014 (6 pages)
• SUPPLEMENTAL SPECIFICATIONS AND SPECIAL
PROVISIONS by JUB ENGINEERS, INC dated 8/14/2014 (56
pages)
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 10 of 12
Project 10439
Attachment B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$76,995.30.
_w
Milestone 1
.E: -S:
Substantial Completion
45 (forty five)
days
Milestone 2
Final Completion
60 (sixty) da s
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION per IFB PW -15-
10439
CONTRACT TOTAL ...................$7
CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE
VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY.
Item
No.
Description
Quantity
E -1:
Unit
Unit Price
202A.5.A.1
Unsuitable Material Excavation
20
Cy
$10.60
202.4.5.C.1
Unsuitable Material Repair
20
Cy
$20.70
307.4.1.A.1
Miscellaneous Surface Restoration (Landscaping)
1
LS
$2,070.00
307.4.1.F.3
Main Line Type "P" Surface Restoration (Asphalt Roadway)
730
LF
$28.20
310.4.1.A.1
Water Main Casing -16"
45
LF
$98.70
401.4.1.A.1
Water Main Pipe - 6"
47
LF
$21.30
401.4.1.A.1
Water Main Pipe - 8"
541
LF
$30.70
402.4.1.A.1
Valve - Size 6" Gate Valve
2
EA
$1,028.00
402.4.1.A.1
Valve - Size S" Gate Valve
0
EA
0
403.4.1.A.1
Fire Hydrant Assembly
1
EA
$3,060.00
404.4.1.A.1
Water Service Connection
10
EA
$997.00
405.4.1.A.1
Non -potable Water Main and Sewer Main Crossing
2
EA
$421.00
706.4.1.A.1
Standard 3" Rolled Curb and Gutter
60
LF
$23.00
706.4.1.8.3
Concrete Valley Gutter
4
LF
$69.0
706.4.1.E.1
Concrete Sidewalks, 4" thick
36
Sy
$23.00
1103.4.1.A.1
Construction Traffic Control
1
LS
$1,310.00
2010.4.1.A.1
Mobilization
1
LS
$5,550.00
SP -2125.4.1.A
ACHD Permit & License
1
EA
0
SP -2130.4.1.A
Connect to Existing Water Main
1
EA
$3,110.00
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 11 of 12
Project 10439
SP -2130.4.1.13
Connect to Existing Fire Hydrant
1
EA
$776.00
SP -2165.4.1.A.1
Abandon Existing Water Line
1
LS
$944.00
SP -2216.4.1.A.1
Stormwater Management
1
LS
$1,560.00
Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
WATER LINE REPLACEMENT - E ANTILLES COURT - CONSTRUCTION page 12 of 12
Project 10439
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L2 EXCAVATION, LLC
2817 BRANDT AVE
NAMPA,ID 83687
Type of Business: LIMITED LIABILITY COMPANY
Status:
EXISTING
State of Origin:
IDAHO
Date of 25 Jul 2014
Origination/Authorization:
Current Registered Agent:
KELLY RAY LANE
4203 S. HAPPY VALLEY RD
NAMPA,ID 83686
File Number:
W140450
Date of Last Annual Report:
21 May 2015
Annual Report Due:
Jul 2016
Original Filing:
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Report for year 2015 ANNUAL REPORT View Document Online
Idaho Secretary of State's Main Page State of Idaho Home Pace
Comments, questions or suggestions can be emailed to: sosinfo(d)sos.idaho.gov
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'4`CO� ��®
CERTIFICATE OF LIABILITY INSURANCE oa/o /20 s'
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 INSURERS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder [son ADDITIONAL INSURED, the polioy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such ondonaemawtlsh.. s n a a sea.
PRODUCERNOAOMT
BALLENGER INSURANCE
P 0 BOX 450
NAMPA ID 83653
JUN0 5
FII®p�
2015
T BRENDA SCOTT
N M
PHONE .120111 466-8944 TP.15.c o • (20e1 465-0539
E- AILSS. b,IEJrenda@ballengerinsurance.com
INSURERS AFFORDING COVERAGE NAIC#
INSURERAAUTO—OWNERS INSURANCE CO {
INSURED
L2 EXCAVATION LLC
4203 S HAPPY VALLEY RD
NAMPA ID 83686
—
LIMITS
INSURER B AUTO—OWNERS INSURANCE CO
_
INSURER c.UTO—OWNERS INSURANCE CO
INSURERD:ID STATE INSURANCE FOND
INSURERE:
INSURER F:
COVERAGES
CERTIFICATF NtIMRFR-
RFVIgInM MIIn IRWO.
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.
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INTI
TYPE OF INSURANCEAUvL
SUM
POLICYNUMSER
POLICY EFF
DIYYYY
POLICY EXP
MMIDO
LIMITS
A
GENERALLIABILITY
y
57991743
09/15/2014
9/15/2015
EACHOCCURRENCE 5 1,000,000
X COMMERCALGENEMLLIABILITY
CLAIMS -MACE OOCCUR
/ /
/ /
/ /
/ /
PREMISES Eav .D. $ 300,000
MEDFXP(Anyvneperarn) $ 10,000
PERSONALSADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GEMLAGGREOATE
LIMIT APPLIES PER
PRODUCTS-COMPIOPAGG $ 2,000,000
/ /
/ /
X POLICY
PRO- LOC
/ /
/ /
$
B
AUTOMOBILE LIABILITY
9-991743-00
09/15/2014
9/15/2015
CEOM Id UISNGLE IMIT S 1,000,000
1L ANYAUTO
/ /
/ /
BODILY INJURY(Puparmn) 6
ALLONMED SCHEDULED
AUTOS AUTOS
NONOMED
HIRED AUTOS AUTOS
/ /
/
/ /
/
BODILY INJURY Per scddenl 6
( )
PR PE ttDA GE $
per tlenl
C
UMBRELLA LIAR
X
OCCUR
9-991743-01
9/15/2014
9/15/2015
EACHOCCURRENCE $ 1,000,000
EXCESS LIAR
CLAIMS -MACE
/ /
/ /
AGGREGATE $ 3,000,000
DEO I I RETENTIONS
$
/ /
/ /
D
WORKERS COMPENSATION
ANDEMPLOYERS• LIABIMttIM
ANY PROPNETOR/PARTNEWE%ECUTIVE YIN
OFFICERJMEMBER F�(CWDEDi
(Mandatory In NH)
up 4esalbeundar
O�RPTION OF OPERATIONS below
NIA
646592
8/12/2014
/ /
/ /
8/12/2015
/ /
/ /
X OR ST T OTH-
E. L. EACHACCIDENT $ 100,000
EL DISEASE -EA EMPLOYEE 5 100,000
EL. DISEASE -POLICY LIMIT S 500,000
DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (Aftach ACORD IOL Addifla"M Remarks Schadvia• If mom specs is requimd)
CITY OF MERIDIAN IS NAMED AS ADDITIONAL INSURED ON THE GL ONLY
( ) — (208) 898-5501
ATTN: PURCHASING MANAGER
CITY OF MERIDIAN
33 E. BROADWAY AVE STE 106
MERIDIAN ID 83642—
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AU�THO�RIND REPRESENTATIVE
0
IRSUZ5 (201005I0d The ACORD name and logo are registered marks of ACORD
JUN 0 5 2015
#A®
IA Document A312 TM .201 0 FINANCE DEPT
Performance Bond
CONTRACTOR:
(Name, legal status and address)
L2 Excavation, LLC
2817 Brandt Ave
Nampa, Idaho 83687
OWNER:
(Name, legal status and address)
City of Meridian
33 E Broadway Ave
Meridian, Idaho 83642
CONSTRUCTION CONTRACT
Date: 06/23/2015
Amount: $76,995.30
SURETY:
(Name, legal status and principal place
of business) ty
Indemnity Company of California
Five Centerpointe, Suite 530
Lake Osweqo, Oreqon 97035
Description:
(Name and location) Project No. 10439
Water Line Replacement- E Antilles Court
BOND
Date: 06/23/2015
(Not earlier than Construction Contract Date)
Amount: $76,995.39
Modifications to this Bond; ® None 17 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
L2 Excavati Indemnity Company of California
Signature: SignaN
Nam& E V t C. i r(> Name Ka - I A ter, Attome do -Fact
and Title: J t Crc :rte` t O-yy j and Title:
(Airy &Mir nal signatures appear on the fast page ojthrs Performance Bond)
(FOR INFORMA770NONLy—Name, addressandrelephone)
AGENT or BROKER; OWNER'S REPRESENTATIVE:
Allied Bonding (Architect, Engineer or otherparty:)
5605 Overland Rd.
Boise, ID 83705
Phone (208) 345.4177
Fax (208) 384-1677
Bond No. 756862P
This document has Important legal
consequences. ConautatIon with
an attorney Is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shell be considered
plural where applicable.
ALA Document A312-2010
Combine& two separate bonds, a
Performance Bond and a
Payment Bond, Into one form.
This Is not a Single combined
Performance and Payment Bond,
Init A4 00ou111&ntA312--2010. The Amedran lneatute ofArchilacia. Willa
§ 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 fust provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shalt 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 pact 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.
§ 5 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, whhout further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
MR. AtAnOeameMAMM-4010. The Am dean lneatmedArchite .
§ 7I the Surety elects tow 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 alter a declaration
of Contractor Default or within two years after the Contractor ceased working or within two yam after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a defense in 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 famished 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 famished, the intent Is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definl6one
§ 14.1 Balance of the Contract Prlcs. 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 tens 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.
§ 151f 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.
Ink. AIA DeOument A312--2010. The Am man Ineeluts ofArohaeels.
§ 16 Modifications to this bond are as follows:
None
(Space is provided below for additional signatures of added partles, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that
changes will not be obscured.
IntL r uaaumemwaez`aara. The Amenean inaabee etAabheea.
Inh-
R
JUN Q 5 2015
FINANCE ,.
*AIA Document A312TM
-2010
Payment Bond
CONTRACTOR:
(Name, legal status and address)
L2 Excavation, LLC
2817 Brandt Ave
Nama, Idaho 83687
OWNI R:
(Name, legal status and address)
City of Meridian
33 E Broadway Ave
Meridian, Idaho 83642
CONSTRUCTION CONTRACT
Date: 0612312015
Amount: $76,995.30
SURETY:
(Name, legal status and principal place
of business)
Indemnity Company of California
Five Centerpolnte, Suite 530
Lake Oswego, Oregon 97035
Description:
(Name and location) Project No. 10439
Water Line Replacement- E Antilles Court
BOND
Date: 06/23/2015
(Not earlier than Construction Contract Date)
Amount: $76,995.30
Modifications to this Bond: 90 None ❑ See Section 18
Bond No. 756862P
This document has important legal
consequences. Consultation with
an attorney Is encouraged with
respect to Its completion or
modification.
Arty singular reference to
Contractor, Surety, Owner or
other parry shell be considered
plural where applicable.
AIA Document A312-2010
combine& two separate bonds, e
Performance Bond and e
Payment Bond, into one to=,
This Is not a single combined
Performance and Payment Bond.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
L2 Excavation, LLC a Indemnity Company of California
Signature: Signa G rU/ti7
Name �i2.t G.. '$ tp„j Name Ka IA ;hter, Afto ey-in-Fact
and Title: V1e �t2cSLfl hLi and Title:
(Airy additional signatures appear on the last page ojthis ay Bond)
(FOR 1NFORMA770NONLY— Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Allied Bonding (Architect Engineer orotherparty)
5605 Overland Rd.
Boise, ID 83705
Phone(208)345-4177
Fax (208) 384-1677
�3Y1V. rM nrnen�m IMlllute W Archlleab.
Willa
§ 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 duty 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 famished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim; and
.2 have 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).
§ 5 If a notice of non-payment required by Section 5.1. l 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 aro undisputed and the basis for challenging any amounts that are disputed; and
171 Pay or arrange for payment of any undisputed amounts.
17.3 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.
§ 5 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 he credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond, By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
Ink AIA Do MaatA312-- 2010. The Amerkan lneaMe ofAmhxeab.
110 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 S. 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) fust 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 Daflnillons
§ 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 famished;
.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
.6 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 tern
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to
include without limitation in the terms "labor, materials or equipment" that par 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
famished.
§ 16.3 Conatrucdon 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.
Int. AIA DoeumentA312--2010. The Amedun Inelaube Of Architects.
§ 16.4 Owner Delault. 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.
§ 16.6 Contract DocumeMe. 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:
None
(Space is provided below for addittonarsignatiew ofadded parites, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
company: (Corporate Seat) Company: (Corporate Seat)
Signature:
Name and Title:
Address
Signature:
Name and Title:
Address
CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that
Changes will not be obscured.
Ink AIA DoounrntA212�-20ta. The AnWan lnstlWla dMhaecb.
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
"`Karyl A. Richter, Janet K. Holthaus, jointly or severally"*
as their he and lawful A9omey(s)-in-Fac4 to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of
suretyship giving and granting unto said Aeomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite ar proper to be done in connection therewith as
each of said corporations could do, but reserving to each of said corpora8ans full power of substitution and revocation, and all of the acts of said Aftomey(s)-in-Fact, pursuant to these
presents, are hereby ratified and confirmed.
This Power ofAttornay is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vic&President. Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to all the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to he signed by
their respective officers and attested by their rreespeActi/ve Secretary or Assistant Secretary this January 29, 2015.
`� v/
BY .,I. ,nND,GYp"F OpbPAN Vpo
Daniel Young, Senior Vice-president,•'•yJ,•upPPeRgr� �iy :; �V OPPORgr �
OCT.
IA notary public or other omcer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate Is attached. and not the truthfulness_ accurarm. nr vaeduv of mer decumenl
State of California
County of Orange
On _January 29 2015 —before me, . Lucille Raymond Notary Public
eels Hwa treat Nana wMlab oltla OR r �� —�
personally appeared _ Daniel You and Mark Lansdon
who proved to me on the basis of satisfactory evidence to be the persons) whose remelt) hitare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by hislhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of
LUCILLE RAYMOND which the person(s) acted, executed the instrument.
Commletlan 0 2081945
Notary Public • CdlforMa
=Orange county
M Comm. Ex Iran Oct 13 2018+
Place Notary Seal Above
I witty under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
We and correcL
WITNESS my hand and official seal.&;A
Signature ,
Lucili y ond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attomey remains In full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of Ibis Certificate,
(/���Thiis�Ceificateis executed in the City of Irvine, California, this day of V_ �`ht
By: �Jc�i'!'W J
Cassie J. rdsford, Assistant Secifietary
ID-1380(Rev.01/15)
Fa
t<-
2 2G OCT. 6 T
By: // — :o€ 1936 :'o
w 1967
Mark Lansdon, Vice -President a`oat+,-
IA notary public or other omcer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate Is attached. and not the truthfulness_ accurarm. nr vaeduv of mer decumenl
State of California
County of Orange
On _January 29 2015 —before me, . Lucille Raymond Notary Public
eels Hwa treat Nana wMlab oltla OR r �� —�
personally appeared _ Daniel You and Mark Lansdon
who proved to me on the basis of satisfactory evidence to be the persons) whose remelt) hitare subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by hislhedtheir signature(s) on the instrument the person(s), or the entity upon behalf of
LUCILLE RAYMOND which the person(s) acted, executed the instrument.
Commletlan 0 2081945
Notary Public • CdlforMa
=Orange county
M Comm. Ex Iran Oct 13 2018+
Place Notary Seal Above
I witty under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
We and correcL
WITNESS my hand and official seal.&;A
Signature ,
Lucili y ond, Notary Public
CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attomey remains In full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of Ibis Certificate,
(/���Thiis�Ceificateis executed in the City of Irvine, California, this day of V_ �`ht
By: �Jc�i'!'W J
Cassie J. rdsford, Assistant Secifietary
ID-1380(Rev.01/15)