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HomeMy WebLinkAboutStandard Form of Agreement with American Paving Company for Storey Park Upgrades NOTICE OF AWARD TO: Amerian Paving Company P.O. Box 395 Meridian,Id. 83680 DATE: 01-13-05 PROJECT DESCRIPTION: Storey Park Upgrades- City of Meridian The OWNER has considered the Bid submitted by you and for the above described Work in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for (description): Storey Park Phase II Upgrades. In the amount of Two Hundred TIll'ee Thousand Thirtv -Five DoIlars($203035.00). You are required to full execute the Agreement and furnish the required Contractor's Perfonnance bond, Payment Bond and Celiificates ofInsurance within five (5) calendar days from the date of the notice to you, that is by Ian 26 ,2005. If you fail to execute said Agreement and to furnish said bonds and celtificates of insurance within five (5) calendar days from the date of Notice, said OWNER will be entitled to consider all your rights arising out ofthe Owner's acceptance of your Bid as abandoned and as a forfeiture of your bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: ATTEST: CITY OF MERIDIAN, IDAHO B~ Name: Tam Title: Ma or Approved by City Council: ACCEPT ANCE NOTICE OF A WARD Receipt ofthe NOTICE OF A WARD is hereby acknowledged by: '/ eiZf.-j Lu.-tzy , this '2:4 ~ay of JaJ'i ~ ' 2005 AMer<-tUtfJ fJw #J q ~. CONTRACTOR Name: '(2 J. ? Title: (Seal ifby a Corporation) NOTICE TO PROCEED TO: Amelican Paving CONTRACTOR DATE: 1-23-05 P.O. Box 395, Melidian, ID 83680 ADDRESS PROJECT: Storey Park Upgrades - Meridian, Idaho DESCRIPTION: Park Renovation, Parking Lot & Landscape You are hereby notified that the Contract Time for the construction of the above project I'd will commence to run on the 23 day of January ,2005. OWNER: ATTEST: Name: i i :: Tamm de W eerd ~ William Ber Title: Ma or ~AIA Document A10r" -1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULA TED SUM AGREEMENT made as of the Eleventh day of January in the year of Two Thousand and Five (In words, indicate day, month and year) BETWEEN !.he Owner: (Name, address and other infonnation) City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 This document has important legal consequences. Consultation with an allorney is encouraged with respect to its completion or modification. AlA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. and the Contractor; (Name, address and other information) American Paving Company P.O. Box 395 Meridian. Idaho 83680 Telephone Number: (208) 888-7988 The Project is: (Name and location) This document has been approved and endorsed by The Associated General Contractors of America. Storey Park Upgrade - Phase 2 Meridian, Idaho The Architect is: (Name, addre,~s and other information) JGT Architecture va, Professional Corooration 1212 12th Ave. So. Narnpa, Idaho 83651 Telephone Number: (208) 463-9295 Fax Number: (208) 463-9299 The Owner and Contractor agree as follows. AlA Document A101n.o -1997. Copyright @1915, 1918,1925,1937,1951,1958.1961,1963,1967,1974, 1977, 19BO, 1987, 1991 and 1997 byThe American Institute of Architects. All rights reserved. WARNING: This AlA" Docl.lmrmtis protected by U.S. Copyright Law and International Trcalies. 1 Unauthorized 1'0pl'oducU0l1 or distribuliol1 of this AlA'" Document, or any porlion of it, may rosult in severo civil1:lnd criminal pcnallics, and will bo proscoUlcd to the maximum oxten t possible under lho law. This document was produced by AlA software at 10:24:55 on 01/11/2005 under Order No.1000106112_1 which expiros on 3/15/2005, and is nol for resale. User Notes: (1823071056) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to !his Agreement or repeated herein. The Contract represents !.he entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreement." either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION S 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Tnsert the date of commencement)fit.differsj'roml e date of this Agreement or, if applicable, state that the date will befixed in a notice to pr9J;J!ed.) I Mareh 01. 2005 ~ .:43 If, prior to the commencement of c Work, the Owncr requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows; S 3.2 The Contract Time shall be measured from !.he date of commencement. ~ S 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than M days from the date of commencement, or as follows: i I If .,-; L t (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of cenajn portions of the Work.) Portion of Work Free flow irrigation completed by March 20. 2005 Substantial Completion Date 5120/2005 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) 3.3.1 OWNER and CONTRACTOR recognize !.hat time is of !.he essence of !.he Agreement and that OWNER will suffer financial loss if the Work is not completed within !he time specified in paragraph Contract Times above. plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving in legal or o!her dispute resolution proceeding the actual loss suffered hv OWNER if the Work is not completed on time. Accordingly. instead of requiring any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delav (but not as a oenalty) CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each dav that expires after the time specified in paragraph Contract Times above. for Substantial Completion until !.he Work is substanstially complete. 3.3.2 After Substantial Completion. if CONTRACTOR neglects, refuses, or fails to complete the remaining Work within !.he Contract Times or any property OWNER granted extensions thereof, CONTRACTOR shall pay OWNER AlA DocumentA1Q1'l'14 -1997. Copyright @1915, 1918, 1925, 1937, 1951, 1958,1961,1963,1967,1974,1977, 19BO, 1987, 1991 end 1997 byThe American Institute of Architects. AU rights reserved. WARNING: This AlA'" Document Is protected by U.S. Copyright Law and International Treaties. 2 Unauthorized I'oproducllon or distribullon of this AlA" Oocument, or any portion of it, may reoullln severe civil and criminal penalties, and will be proSEcuted to tho ma~imum e~tent pOSSible under the law. This document was produced by AlA software at 10:24:55 on 01/11/2005 under Order No.1000106112_1 which expires on 3(15(2005, and is nol for resale. Usar Notes: (1823071056) one hundred dollars and zero cents (l 00.00) for each that expires after the time specified in paragraph Contract Times abovc for completion and readiness fOf final payment. 3.3.3 OWNER shall rccover such liquidated damages by deducting the amount owed from the final payment or any rctainage held by OWNER. ARTICLE 4 CONTRACT SUM ~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of !.he Contract. The Contract Sum shall be Two Hundred Three Thousand Thirty-five Dollars and Zero Cents ($ 203.035.00), subject to additions and deductions as provided in the Contract Documents. ~ 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by !.he Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) ~ 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PAYMENTS ~ 5.1 PROGRESS PAYMENTS S 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewherc in the Contract Documents. S 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: S 5.1.3 Provided that an Application for Paymcnt is received by the Architect not later than the First day of a mon!.h, the Owner shall make payment to the Contractor not later than the Thirtieth day of the same month. If an Application for Payment is received by !.he Architect after the application date fixed above, payment shall be made by the Owner not later than Forty-five ( 45 ) days after the Architect receives the Application for Payment. S 5.1.4 Each Application for Paymcnt shall be based on the most rccent schedulc of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by !.he Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. S 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. S 5.1.6 Subject to o!.her provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to complcted Work as dctcrmined by multiplying the percentage completion of each portion of !.he Work by the share of the Contract Sum allocatcd to that portion of !.he Work in the schedule of values, less retainage of ( ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AlA Document A201-1997; AlA DocumentA101TN-1997. Copyright @1915, 1918, 1925, 1937, 1951,1958,1961,1963,1967,1974,1977,1980,1987,1991 and 1997 by The American Institute 01 Architects. All rights re5ef"Ved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. 3 Unauthorized reproduelion or distribution 01 this AlA" Document, or any perlion 01 it, may resull in severe civil end criminal penallics, and will be prosecuted to the mm:lm um oxtcnt possible under tho law. This document was produced by AlA software at 1 0;24:55 on 01/11/2005 under Order No.1000106112_1 which expires on 3/1512005, and is not for resale. User Noles: (1823071056) .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent ( 5.00%); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which !.he Architect has wi!.hhe1d or nullified a Certificate for Payment as provided in Section 9.5 of AlA Document A20 1-1997. ~ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, Jess such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AlA Document A201 -1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.103 of AlA Document A201-1997. ~ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended. prior to Substantial Completion of the entire Work, to reduce or limit the retuinage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) ~ 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at !.he site. ~ 5.2 FINAL PAYMENT ~ 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AlA Document A20] -1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect ~ 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION ~ 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article ]4 of AlA Document A201-1997. ~ 6.2 The Work may be suspended by the Owner as provided in Article 14 of AlA Document A20 1-1997. AlA Document A101TN -1997. Copyright @ 1915, 1918, 1925, 1937. 1951, 1958, 1961,1963,1967,1974,1977,1980,1987.1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. 4 Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may rosull in sovere civil and criminal penalties, and will be prosecuted to the maximum eJctcnl possible under the law. This document was produced by AlA software at 10:24:55 on 01/11/2005 under Order No.l000106112_1 which expires on 311512005, and is not for resale. User Notes: (1823071056) ARTICLE 7 MISCELLANEOUS PROVISIONS ~ 7.1 Where reference is made in this Agreement to a provision of AlA Document A20l-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of !.he Contract Documents. ~ 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where !.he Project is located. (Insert rate of interest agreed upon, ifany.) ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) ~ 7.3 The Owner's representative is: (Name, address and other infonnation) JGT Architecture oa. Professional Com oration 1212 12th Ave. So. Nampa, Idaho 83651 Telephone Number: 463-9295 ~ 7.4 The Contractor's representative is; (Name. address and other information) Terry Lutz - American Paving Comoany P.O. Box 395 Meridian. Idaho 83680 ~ 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. ~ 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS ~ 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: ~ 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AlA Document A 1 0 1-1997. ~ 8.1.2 The General Conditions arc the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A20l-1997. ~ 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows Document Nov. 4, 2004 Title Project Manual Pages AlA Document A101'1'1i -1997. Copyright @ 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963. 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and Intem"Uonal Treaties. 5 Unauthorized reproduction or distrIbution 01 this AlA" Document, or any portion of iI, may result in sellere civil and criminal penalties, and wm be prosecuted to the maKimum eKten! possible under the law. This document was produced by AlA software at 10:24;55 on 01111/2005 under Order No.10001 06112_1 whiCh expires on 3f15f2005. and is not for resale. User Notes: (1823071056) ~ 8.1.4 The Specifications are those contain cd in the Project Manua] datcd as in Section 8.1.3, and are a~ follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Se&tioo :mte ~ Title of Specifications exhibit Project Manual dated Nov. 4. 2004 ~ 8.1.5 The Drawings are as follows, and are dated November 04. 2004 unless a different date is shown bc]ow: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number A-1.0 c-o lhru C-4 Title Site Plan Date 5/15/2003 11/25/2003 ~ 8.1.6 The Addenda, if any, are as follows: Number 1 Date 11/] 1/2004 Pages 1 Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents unless the bidding requirements are also enumerated in this Article 8. ~ 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A20]- ]997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample fonns and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Mayor Tammy deWecrd City of Meridian (Printcdnsme snd title) (Printed name and title) .P A Attested: AlA Document Al01..... -1997. Copyright @ 1915,1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 byThe American Institute of Architects. All rights reserved. WARNlNG: This AlA'" Document is protecled by U.S. Copyright LaVl ancllnlernalional Treaties. 6 Unauthorized reprOduction or distribuUon ollhis AlA"" Document, or any portion of ii, may result in severe civil (ll1cl criminal penalties, and will be prosecuted to the maximum axtent possible under the law. This document was produced by AlA software al1 0:24:55 on 01/11/2005 under Older No.l000l06112_1 which expires on 3(15/2005, and is nol for resale. User Noles: (1623071056) !i 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are a~ follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) SeGtioo +me Page& Titlc of Specifications exhibit: Proiect Manual dated Nov. 4. 2004 S 8.1.5 The Drawings arc as follows, and are dated November 04.2004 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number A-1.0 c-o thru C-4 Title Site Plan Date 5/15/2003 1112512003 S 8.1.6 The Addenda, if any, are as follows: Number 1 Date 11I1112004 Pages 1 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. !i 8,1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AlA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Arc~e in the adminislration of the COOk"'l, aod thel'em,m '" 10 - 0"'. ~~~ ,(",~ONTRACT~J Lutz V.P. ~ \ .r Mavor Tammv deWeerd Ci of Meridian (P n;'ltcd :!Bme and title) (Printed name and title) ..' ~. Attested: AlA Oooument A1011N -1997. Copyright @ 1915, 1918, 1925, 1937, 1951, 1958,1961, 1963,1967,1974.1977,1980,1987,1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Documsnt is protected by U.S. Cop)'right Law and tntemalional TreaHes. 6 Unauthorized reproduction or distribulion of this AlA" Document, or any portion or it, may rosult in severe oivil and criminal penallics, and will be prosecutod to the maximum oxten! possible under tho lmNo This document was produced by AlA software aI10:24:55 on 01/11/2005 under Order No.1000106112_1 which expires on 3/15f2005, and is not for resaleo User Notes: (1823071056) AlA Document A312 Payment Bond Bond No. 104397261 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): American Paving Company, Inc. P.O. Box 395 Meridian, Id 83680 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W River Boise, ID 83702 OWNER (Name and Address): City of Meridian 33 East Idaho Meridian, ID 83642 CONSTRUCTION CONTRACT Date: January 11, 2005 Amount: Two Hundred Three Thousand Thirty Five Dollars and no/IOO's Description (Name and Location): Storey Park Upgrade - Phase 2 Meridian, ID 83642 ($203,035.00) BOND Date (Not earlier than Construction Contract Date): January 23,2005 Amount: Two Hundred Three Thousand Thirty Five Dollars and no/IOO's ($203,035.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL SURETY Travelers Casualty and Surety Company of America Company:American Paving Company, Inc.(CorporateSeal)Company: (Corporate Seal) Signature: ~Signature: ~~.MIY.i'- _ Name and Title: -rr:-: ~I?+..( L"'t\?--"' . P, Name and Title: obin Stroud, Attorney-in..fact (Any additional sig~af[jres aplJear on 'P"8'ge 4.) FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Moreton & Company JGT Architecture pa, Professional Corporation 12639 W. Explorer Dr., Suite 200 12121ih Ave South Boise, Id 83713 Nampa, 1083651 (208)321-9300 1 The Contractor and the 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. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2 With respect to the Owner, this obligation shall be null and void if the Contractor: SURETY 5026 (6-92) 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits Printed in U.s.A and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made In good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of SURETY 5026 (6-92) 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 the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 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 payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 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 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, 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. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory 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. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 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 Contract. The intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, Printed in U.S.A light, heat, 011, 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. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Signature: Name and Title: Address: Signature: Name and Title: SURETY 5026 (6-92) Printed in U.S.A TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF A TTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Allan Ranstrom, Kim H. Ward, Janet L. Stewart, Vicki Goicoechea, Tina Coleman, Colleen B. Thompson, Robin Stroud, of Boise, Idaho, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(sHn- Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Reso]utions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, !.he President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such au!.hority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affIxed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) f ~"~.- _. -'-'.....___4__ ft_ _. --.-..--- --- -- -.... ._'," -----'"' ~-.. -- -----. --.~--'- --.... .----+~-- - --- . J ___~.n..______._.__. .. ~~ Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-tenn program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to infonn you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Ad. insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federnl Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terronsm- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attacf1ed policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium. and is no more than one percent of your premium. (,. AlA Document A312 Performance Bond Bond NO.1 04397261 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): American Paving Company, Inc. P. O. Box 395 Meridian,lD 83680 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W River Boise, 10 83702 OWNER (Name and Address): City of Meridian 33 East Idaho Ave Meridian, 10 83642 CONSTRUCTION CONTRACT Date: January 11, 2005 Amount: Two Hundred Three Thousand Thirty Five Dollars and no/IOO's Description (Name and Location): Storey Park Upgrade - Phase 2 Meridian, 10 ($203,035.00) BOND Date (Not earlier than Construction Contract Date): January 23, 2005 Amount: Two Hundred Three Thousand Thirty Five Dollars and no/IOO's ($203,035.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Travelers Casualty and Surety Company of America companY;A~ Company, Inc.(Corporate Seal) com~~ (cor. pora. te .seal) Signature:'. Signature:. fk~ ~/Ce .~ Name and Title: -rc; t<.. L4,TL . P Name and Tltl . Robin Stroud, AttorneY-lh~Fact (Any additional signatures a ear on page 2.) t FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Moreton and Company JGT Architecture pa, Professional Corporation 12639 W. Explorer Dr., Suite 200 1212 12tlh Ave South Boise, Idaho 83713 Nampa, 10 83651 (208)-321-9300 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 1 The Contractor and the 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. 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. SURETY 5026 (6-92) Contract, but such and agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 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 the 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 Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 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, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 [f the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses the payment tendered 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. SURETY 5026 (6-92) 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 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. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 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. 7 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 or successors. 8 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. 9 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 Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with 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 deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 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. MODIFICATIONS TO THIS BOND ARE AS FOllOWS: <<Bond Modifications>> 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: SURETY 5026 (6-92) SURETY Company: (Corporate Seal) Signature: Name and Title: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF A TTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Allan Ranstrom, Kim H. Ward, Janet L. Stewart, Vicki Goicoechea, Tina Coleman, Colleen B. Thompson, Robin Stroud, of Boise, Idaho, their true and lawful Attorney(s)-in-Pact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other Mitings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in- Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such au!.hority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, !.he Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating !.hereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature !.hereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (ll-OO Standard) r -.- -. -------- -- -, .-.--.--,..,.- \. ,. J J I ----. --_._- -- ------- ~~ Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-tenn program under which the Federal Government \ViII share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to infonn you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Ad further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached poficy or bond (or the policy or bond being quoted). Please aiso note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. .. , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~CORD 25-S (2001/08) 2 of 2 #M13731 ACORD'M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 1/24/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moreton & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 191030 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boise, 10 83719 208 321-9300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: TRAVELERS INDEMNITY COMPANY OF II . American Paving Company INSURERS: CINCINNATI INSURANCE COMPANIES POBox 395 INSURERC: IDAHO STATE INSURANCE FUND Meridian, ID 83680 INSURER 0: INSURER E: Client#: 90 AMERICAPAV COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRI TYPE OF INSURANCE POLICY NUMBER PJl,N~~&~i6g>>-XIE Pg~fJ (~XJ'/~C~N LIMITS A GENERAL LIABILITY DTC0324D6872TIA04 09/01/04 09/01/05 EACH OCCURRENCE $1 000 000 - DAMAGE TO RENTED x.. COMMERCIAL GENERAL LIABILITY $300000 - ~ CLAIMS MADE [J9 OCCUR MED EXP (Anyone person) $5 000 x.. PD Ded:1,000 PERSONAL & ADV INJURY $1 000 000 t-- GENERAL AGGREGATE 82.000 000 GEN'L AGGREGATE LIMIT APPlS PER: PRODUCTS. COMP/OP AGG 82 000,000 n .nPRO' POLICY JECT LaC A AUTOMOBILE LIABILITY DT810324D6872TIL04 09/01/04 09/01/05 COMBINED SINGLE LIMIT t-- 81,000,000 ~ ANY AUTO (Ea accident) ALL OWNEO AUTOS BODILY INJURY t-- $ SCHEDULED AUTOS (Per parson) t-- K. HIRED AUTOS BODILY INJURY $ X- NON-OWNED AUTOS (Por accident] PROPERTY DAMAGE 8 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =JANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B ~ESS/UMBRELLA LIABILITY CCC4963576 09/01/04 09/01/05 EACH OCCURRENCE 85 000 000 OCCUR 0 CLAIMS MADE AGGREGATE $5 000 000 $ =1 DEDUCTIBLE $ RETENTION 8 $ C WORKERS COMPENSATION AND 583526 09/01/04 09/01/05 x I T~gN~~V<: I IOJ~- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEM BER EXCLUDED? E.L DISEASE. EA EMPLOYEE 81,000,000 If yes. describe under E.L. DISEASE. POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job #1445 - Storey Park Upgrade .Phase 2. CERTIFICATE HOLDER The City of Meridian 33 East Idaho Ave. Meridian, ID 83642 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3..0..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REP RES ENT A TIVES. 'j.!liORIZED PRESENTATIVE ~ ,VJ ACORD 25 (2001/08) 1 of 2 #M13731 LOROB @ ACORD CORPORATION 1988