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HomeMy WebLinkAboutUntitledNOTICE OF AWARD TO: HAEMKER GENERAL CONTRACTOR DATE: OCTOBER 15, 2003 622 S. POWERLINE ROAD NAMPA, IDAHO 83686 PROJECT DESCRIPTION: BEAR CREEK PARK RESTROOM BUILDING 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 you Bid has been accepted for (description): BEAR CREEK RESTROOM BUILDING In the amount of ONE HUNDRED FIFTEEN THOUSAND AND NO/100 Dollars ($115.000.00) You are required to full execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond and Certificates of Insurance within five (5) calendar days from the date of the notice to you, that is by October 20, 2003. If you fail to execute said Agreement and to furnish said bonds and certificates of insurance within five (5) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the 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: CITY OF MERIDIAN, IDAHO By~ -- - ------------ Name:------- ------------------- Title: -----`~~ ------------- Approved by City Council: _______________________________ ATTEST: /'. BY ~ - - 1!'G- G:~~ > ~ Title:.~~f~`-e~------------ 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the 15 day of October in the year of 2003 (Lt words, indicate day, month and year) BETWEEN the Owner: (Name, address and otherinformation) City of Meridian 33 East Idaho. Meridian. Idaho 83642 and the Contractor: (Name, address and othermformaiion) Haemker General Contracting 622 South Powerlane Road. Nampa 83686 The Project is: (Name and location) Meridian Bear Creek Park Restroom Building The Architect is: (Name, address and otherinformation) Cole I Associates Architects 960 Broadway Avenue. Suite 240. Boise. Idaho 83706 The Owner and Contractor agree as follows. 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 this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, ocher 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 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. (Insert the date ofcommencement ifit differs from the date of this Agreement or, ifapp/icab/e, slate that the date will be fixed m a notice to proceed.) October 15. 2003 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA 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. This document has been approved and endorsed by The Associated General Contractors of America. ...w ~. ,'. ~~.~~ 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: The American Institute of Architects N/A 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 © 1915, 1918, 1925, 193 , 1951, 1958, 1961, 1963, 1967, 19 4, 197 , 1987, ©1997 y e American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: aiacontractl.aia -- 10/158003. AIA License Number 1017990, which expires on 6/178004. 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Lln/ess stated elsewhere in the Conlract Documents, insert any requirements far ear/ier Substantial Comp/etion ofcertain portions ofthe Work.) On or before January 1.2004 subject to adjustments of this Contract Time as provided in the Contract Documents. (Inser[ prov~'sions, if any, for liquidated damages relating to failure to comp/eie on time or for bonus payments for THIS DOCUMENT HAS IMPORTANT LEGAL early comp/etion ofthe Work) CONSEQUENCES. CONSULTATION WITH 3 3 1 OWNER and CONTRACTOR recognize that time is of the AN ATTORNEY IS ENCOURAGED WITH essence of this Agreement and that OWNER will suffer financial loss if RESPECT TO ITS COMPLETION OR the Work is not completed within the times specified in paragraph MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA Contract Times above lus an extensions thereof allowed in p y DOCUMENT MAY BE MADE BY USING AIA accordance with the General Conditions OWNER and CONTRACTOR DOCUMENT D401. also recognize the delays expense and difficulties involved in proving in a legal or other dispute resolution proceeding_the actual loss suffered by AIA Document A201-1997, General OWNER if the Work is not completed on time. Accordingly, instead of Conditions of the Contract for requiring such proof OWNER and CONTRACTOR agree that as Construction, is adopted in this document by reference. Do nor use with other liquidated damages for deli (but not as a penalty) CONTRACTOR shall general conditions unless this document is pay OWNER one hundred Bollards and zero cents ($100.001 for each modified. day that expires after the time specified in paragraph Contract Times above for Substantial Completion until the Work is substantially This document has been approved and m lete endorsed by The Associated General p . Co Contractors of America. 3 3 2 After Substantial Completion if CONTRACTOR neglects. refuses. or fails to complete the remaining Work within the Contract Times or anv ~roge~ OWNER granted extensions thereof CONTRACTOR shall Dav OWNER one hundred dollars and zero cents ($100.001 for each day that expires after the time specified in paragraph Contract Times above for completion and readiness for final payment. 3 3 3 OWNER shall recover such liquidated damages by deducting the amount owed from the final pavment or any retainage held by OWNER. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be One Hundred Fifteen Thousand Dollars Dollars ($ 115.000.00 ), 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 the Owner: (State the numbers or other identification ofaccepied alternates. Ifdecisions on other alternates are to be made by the Owner subsequent io the execution ofthis Agreement, attach a schedu/e ofsuch other alternates showing the amount for each and the date when that amount expires) N/A 4.3 Unit prices, if any, are as follows: N/A © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 197 , 1987, O 1997 y T e American nstltute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: aiaconTractl.aia -- 10/15/2003. AIA License Number 1017990, which expires on 6/17/2004. ~swnw 'ti ~, ,:. ^~ 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 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 elsewhere in the Contract Documents. 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: THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH 5.1.3 Provided that an Application for Payment is received by the Architect riot later than AN ATTORNEY IS ENCOURAGED WITH the 1 stday of a month, the Owner shall make payment to the Contractor not later than the RESPECT TO ITS COMPLETION OR 16th da of the month. If an A licaiion for Pa merit is received b the Architect after the MODIFICATION. AUTHENTICATION OF Y PP Y Y THIS ELECTRONICALLY DRAFTED AIA application date fixed above, payment shall be made by the Owner not later than 45 days after DOCUMENT MAY BE MADE BY USING AIA the Architect receives the Application for Payment. DOCUMENT D401. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values AIA Document A201-1997, General submitted by the Contractor in accordance with the Contract Documents. The schedule of Conditions of the Contract for values shall allocate the entire Contract Sum among the various portions of the Work. The construction, is adopted in this document schedule of values shall be prepared in such form and supported by such data to substantiate its by reference. Do not use with other accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall general conditions unless this document is be used as a basis for reviewing the Contractor's Applications for Payment. modified. This document has been approved and 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion endorsed by The Associated General of the Work as of the end of the period covered by the Application for Payment. Contractors of America. 5.1.6 Subject to other 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 completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AIA Document A2oi-1997• .2 Add that portion of the Contract Sum properly allocable io materials and equipment delivered and suitably scored ai 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%); ..~ .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a ~ Certificate for Payment as provided in Paragraph 9.5 of AIA Document A2oi-1997. ~~ ~~ ~~ 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.i.6 shall be further modified under the following circumstances: 01997 Am® AIA DOCUMENT A101-1997 .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total OWNER-CONTRACTOR AGREEMENT payments io the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled The American Institute of Architects claims; and 1735 New York Avenue, N.W. (Subparagraph g.8.5 ofAtA Document A2ori997requires release of app/icab/e retainage upon Subsiantia! Washington, D.C. 20006-5292 Completion of Work with consent ofsurety, ifany.) © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 974, 977, 1987, © 997 y T e American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: aiacontracil.aia -- 10/15/2003. AIA License Number 1017990, which expires on 6/17/2004. 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 Subparagraph g.io.3 of AIA Document A2oi-1997• 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (Ifit is intended, prior to Substantia/ Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in C/auses Sr.6.t and fi.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or/imitation.) N/A THIS DOCUMENT HAS IMPORTANT LEGAL 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance CONSEQUENCES. CONSULTATION WITH payments to suppliers for materials or equipment which have riot been delivered and stored ai AN ATTORNEY IS ENCOURAGED WITH the site. RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA 5.2 FINAL PAYMENT DOCUMENT MAY BE MADE BY USING AIA 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be DOCUMENT D401. made by the Owner to the Contractor when: AIA Document A201-1997, General .1 the Contractor has fully performed the Contract except for the Contractor's Conditions of the Contract for responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document Construction, is adopted in this document A201-1997, and to satisfy other requirements, if any, which extend beyond final by reference. Do not use with other a meet; and general conditions unless this document is P Y modified. .2 a final Certificate for Payment has been issued by the Architect. This document has been approved and endorsed by The Associated General 5.2.2 The Owner's final payment to the Contractor shall be made no lacer than 3o days after Contractors of America. 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 i4 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article i4 of AIA Document AZOi-1997• ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the race stated below, or in the absence thereof, at the legal rate prevailing ~® from time to time at the place where the Project is located. (Insert rate ofinterest agreed upon, ifany.) ,,~ N/A .. ~, .f ~~.~~ Usury/aws and requirements under the Federal Truth m Lending Act, similar stateand /oca/ consumer credit /aws and otherregu/ations at the Owner's and Contractor's principa/places ofbusiness, thelocation ofthe project and elsewhere may affect the validity of this provision. Lega/ advice should be obtained wish respect to de%tions or modifications, and also regarding requirements such as written disclosures orwaivers.J m1997 AIA® AIA DOCUMENT A101-1997 7.3 The Owner's representative is: OWNER-CONTRACTOR AGREEMENT (Name, address and otherinformaiion) Cole ~ Associates Architects 960 Broadway Ave. Suite 240. Boise. Idaho 83706 The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 7.4 The Contractor's representative is: © 1915, 1918, 1925, 193 1951, 1 5 1 61, 1963, 1967, 1 4, 77, 198 , ©1997 y T e American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: aiacontractl.aia -- 10/15/2003. AIA License Number 1017990, which expires on 6/17/2004. (Nance, address and otherinformationJ Haemker General Contracting 622 South Powerlane Road Nampa Idaho 83686 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, AIA Document Aioi-1997• 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A2o>-1997• 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated July 29. 2003 ,and are as follows: Document Title General Requirements -Division 01 Contract Forms THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA 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. Pages This document has been approved and endorsed by The Associated General Contractors of America. 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.i.3, and are as follows: (EitherGst the Specifications here orrefer to an exhibit attached to thisAgreemeni.J Section Pages Title Project Manual Bear Creek Restroom 7/29/03 Specifications Bear Creek Restroom 7/29/03 8.1.5 The Drawings are as follows, and are dated 7/29/03 unless a different date is shown below: (Eitherlist the Drawings here orrefer to an exhibit attached to thisAgreement.J Number Date Title Working Drawings Bear Creek Restroom 7/29/03 8.1.6 The Addenda, if any, are as follows: Number Date Pages ...I.~. ~, ~, .f N/A ®1997 AIA® Portions of Addenda relating to bidding requirements are not part of the Contract Documents AIA DOCUMENT A101-1997 unless the bidding requirements are also enumerated in this Article 8. OWNER-CONTRACTOR AGREEMENT 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: The American Institute of Architects (List here any addiiiona/documents that are intended to form part ofthe Contract Documents. AIA Document A2oi- 1735 New York Avenue, N.W. X997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample Washington, D.C. 20006-5292 forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They shou/d be listed here onlyifintended to be part ofthe Contract Documents.) N/A © 1915, 1918, 1925, 1937, 1 5 , 958, 1961, 96 , 96 , 197 9 1987, O 1997 y T e Amerlcan nstltute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: aiaconiractl.aia -- 10/15/2003. AIA License Number 1017990, which expires on 6/17/2004. -. 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 Architect for use in the administration of the Contract, an the remainder io the Owner. 1~~ OWNER (signature) ONTR CTOR (signature) City of Meridian Haemker General Contracting Robert Corrie, Mayor Jim Haemker. Owner THIS DOCUMENT HAS IMPORTANT LEGAL (Printed name and dt/eJ (Printed name and title) ONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document AZ01-1997, 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. This document has been approved and endorsed by The Associated General Contractors of America. © 19 5, 1918, 1925, 1937, 195 , 1958, 196 , 1963, 96 , 1974, 19 , 1987, O 9 7 y T e American Institute o Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. expiration as noted below. User Document: aiaconiractl.aia -- 10/15/2003. AIA License Number 1017990, which expires on 6/17/2004. lei ~~~ 01997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 STATE INSURANCE FUND 1215 W. STATE STREET • P.O. BOX 83720 • BOISE, IDAHO 8372(200044 PHONE (208)332-2100 • (800)334-2370 CERTIFICATE HOLDER: 550651 CITY OF MERIDIAN 11 W BOWER ST MERIDIAN ID 83642 CERTIFICATE OF WORKERS COMPENSATION INSURANCE - -- The- State Ir~s~rr~e fand-hereby certifies- ghat--the- insurance -poi icy-trereurrcier described is in fug i r~orce anq effect on the date of this certificate and that it remains in full force and effect until cancelled. POLICY NUMBER: 554756 INSURED: HAEMKER GENERAL CONTRACTING 622 S POWERLINE RD NAMPA ID 83686 ORIGINAL EFFECTIVE DATE: 09/03/1996 Policy in force from 09/03/1996 12:01 a.m. at the mailing address of the insured shown above or the job site in Idaho. PART TWO: EMPLOYERS LIABILITY INSURANCE LIMITS Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee The insurance coverage applies to employees of the above-mentioned company anywhere in the state of Idaho and also to any employees living in Idaho but working temporarily in a neighboring state. In addition to the required co.~erags,, the following sleeted ccverage also applies:- This certificate is valid for one year from date of certificate. In the event of cancellation of said policy, the State Insurance Fund will endeavor to notify the party to whom this certificate is issued by providing ten (10) days advance notice, but the State Insurance Fund shall not be liable in any way for failure to give notice. Dated at Boise, Idaho on October 20, 2003 y~~.~.~, John Maurice Underwriting Department 208/332-2356 T 1 ~i~1~~ ~ c N ` ~ `;.~ , ~/ M-; ~ ' ~~J ACORQ~ CERTIFICATE OF LIABILITY INSURANCE io%20% oos PRODUCER MIDTOWNE INSURANCE INC . 6 618 CLEVELAND BLVD STE A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CALDWELL, ID 83607 208-459-9422 INSURERS AFFORDING COVERAGE NAIC# INSURED JAMES HAEMKER INSURER A: ST . PAUL INSURANCE INSURER B: 622 S POWERLINE RD INSURER C: ID 83686 NAMPA INSURER D: , INSURER E: V V V CRA\7CJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN , POLICIES.AGGREGATE LIMITSSHOWNMAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR oo'~ NSRD - TYP F IN U NCE _ -_. POLICY NUMBER--. - ATEY EFFE~ E POATE MM/DD/Y`(ON LIMITS - - IsR GENERAL LIABILITY EACH OCCURRENCE $ 5OO OOO X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ Z O O r O O O CLAIMSMADE CI OCCUR MEDEXP(Anyoneperson) $ 5 r_QOQ_ _~~ ~_ __-__ ________ _____ SF055I9054 02-28-03 02-28-04 PERSONALaADVw,IURY $ 500 OOO GENERAL AGGREGATE $ Z r OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ Z r O O O ; O O O POLICY ~ PR07 LOC AUT OMOBILELIABILITY COMBINED SINGLE LIMIT $ ANYAUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ OW NED AUTOS NON (Peraccidenq - PROPERTY DAMAGE $ (Peraccident) ARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ G TO OTHERTHAN EA ACC $ ANYAU AUTOONLY: AGG $ ESS/UMBRELLA LIABILITY EACH OCCURRENCE $ EXC R CI CLAIMSMADE AGGREGATE $ OCCU TIBLE $ DEDUC RETENTION $ $ _ C ATU- MPENSATIONAND TORYLIMITS ER WORKERSCO EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE __.. _. ~~.IIf~F,IGFP FYI`I IIfIFl1'/ __--._.._- --__ __.___--..__-_-.-_._... ~ ---__ _,___.._ ___._.-._..__ . ..E.~rSEASE-Z'A-EfVI~L If yes, describeunder E.L. DISEASE -POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OFOPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BYENDORSEMENT /SPECIAL PROVISIONS EVIDENCE OF INSURANCE PROJECT: MERIDIAN BEAR CREEK PARK RESTROOM CERTIFICATE HOLDER "^""'-"^""" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO CITY OF MERIDIAN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL~.O DAYS WRITTEN 3 3 E IDAHO NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL MERIDIAN, ID 8 3 6 4 2 IMPOSE NO OBLIGATION OR LIABIL F ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REP SE AT E 1 FAX 898-5505 . n nrnon CnRPnRATInN 19RR __ ACORD25(2001108) .-.r..,.,,----•° -•_------ - ::: CERTIFICATE OF INS 25-5 1 0 20 1 93 ...... ::•: f.;:•;:•::.;:.~;:r::::; i::; PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF Northwest Insurance Brokers INFORMATION ONLY AND CONFERS NO RIGHTS UPON 25 Hartman St #200 THE CERTIFICATE HOLDER. IT DOES NOT AMEND, Boise, ID 83704 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE (208)322-8300 Fax (20$)376-5444 POLICIES BELOW. '''~~~'~`~•~ COMPANIES AFFORDING COVERAGE ~ •••••• ~ .~ + N I •~ ~ INSURED • ~COMP ~A Y A : MARYLAND CASUALTY COMPANY :::: POWER PLUS, INC. & H&M, LLC COMPANY B: IDAHO STATE INSURANCE FUND 25 HARTMAN ST STE 100 COMPANY C: LUMBERMENS MUTUAL CASUALTY CO BOISE, IDAHO 83704 COMPANY D: COMPANY E: :::.:~::.:.~.~.~.~::.~:::.:~:::::,.,::::. ;:,., r. ..... COVERA E ...................:.:.......:....:.:::r.:::::.:~•:r•:~::::::..... .::•:;:•.~:::::::.:~: •::::::: •:•:::::::.~::;:;::.;:•;::•::.::;:.:;:.:::•::•::.:::.;::.:;:::.:::.::.;:::.:••::;.::•::•::•;:,::•::.: G S This•~is~~to•~certfy~•that~polcies~~of~~nsurance••lsted below have been issued rto~the~~insured~~named~~above~~for~rtrie~~~~ol~ic~~~~~erod~~~~~~~~~~1 indicated, notwithstanding any requirement, term or condition of any contract or other document with respect topwhich 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 oolicies. Limits shown may have been reduced by paid claims. CO ~ INSURANCE ~~> ::: P LI Y :::•:;: ~?:•;~;:•;::.::•:::.;;:: ~:•:.:::•::•;:•::::.:•;::•:;:•;:•;:•;:•;:•;:•;:•;::.; ~::::•::•:;:;:•:>::•::•: •.~. ~ ~ ~: ~~=::;:s::s::< ~ O C NUMBER ~ :~~ ~ DATES ~~;:•:::.;:•:::•::•:::•::•::•::•::•::• :•::•;:•;:•;::-::•>:•:<•:•;::•::•::•;:•:>::.:;:::;•:::•::.:::•::•:~:::;;•::•:: GENERAL LIABILITY Effective $ 2,000,000 General Agg A [X] Gen Liability SCP039780193 02/18/03 $ 2,000,000 Prod/Coops Agg [ ] Occ [ ] CM $ 1,000,000 Pers/Adv Inj [X] OCP $ 1,000,000 Occurrence [ ] Expiration $ 100,000 Fire Damage 02/18/04 $ 5,000 Medical Exp AUTO LIABILITY Effective C [X] Any Auto F3L000955-01 02/18/03 $ 1,000,000 CSL [ ] All Owned [ l Scheduled [X] Hired [X] Non-owned Expiration $ BI (person) [ ] Garage Liab 02/18/04 $ BI (accident) L ] $ PD EXCESS LIABILITY 02/18/03 $ 3,000,000 Occurrence A [X] Umbrella SCP039780193 $ 3,000,000 Aggregate [ ] Other 02/18/04 [X] Statutor~r Lmts B WORKERS COMP 9040865 10/01/03 $ 100,000 Each Accident AND $ 500,000 Disease-Limit -_- _- EMPLOYERS_ LIAB ---- -_ _- - _ - __ __- -- --- -__ _ - _ 101/04-- -~ _-- 100__, 000_.. Disease-E__mpl __ A PROPERTY SCP39780193 02/18/03 $ 1,000,000 LIMIT 02/18/04 $ Description of operations/locations/vehicles/other CERTIFICATE OF INSURANCE CANCELLATION :, r :.:1:.::.::;:::. :~;:<.::;;;:':::~ CERTIFICATE HOLDER ~'~~:~~<~~~~~~~~ Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but CITY OF MERIDIAN failure to ma' uch notice sha pose no 33 EAST IDAHO obligation iabil' y o °an nd upon MERIDIAN, IDAHO 83642 the compan r .w T ~~F~ii~ o bor~roc+orit~~iero L7\A V.afV~/.y ~+V~A it \. L./1 ~.. V V.1a l.µ V i v t. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Performance Bond 22?38510 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HAEMKER GENERAL CONTRACTING 622 S. POWERLINE RD. NAMPA, ID. 83686 OWNER (Name and Address): CITY OF MERIDIAN 33 EAST IDAHO AVE. MERIDIAN, ID. 83642 SURETY (Name and Principal Place of Business): WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SD. 57117-5077 CONSTRUCTION CONTRACT Date: 10/15/03 Amount: $115,000.00 Description (Name and Location): MERIDIAN BEAR CREEK PARK RESTROOM BUILDING BOND Date (Not earlier than Construction Contract Date) Amount: Q115,00^.^0 Modifications to this Bond: 10/20/03 None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) HAEMKER G ERAL CONTRACTING ;~ ~ r/ Signat e• Name a Title: See Page 3 SURETY - Company: (Corporate Sea_q WESTERN SURETY COMPANY - Signature: - .~----- Name and tle: KgRYL .RICHTER ATTORNEY IN FACT (Any additional signatures appear on page 3) AGENT or BROKER: (FOR INFORMATION ONLY Name, Address and Telephone) ALLIED BONDING OWNER'S REPRESENTATIVE (Architect, Engineer or P.O. BOX 6616 other party): BOISE, ID 83707 208-345-4177 AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA ®, THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 I THIRD PRINTING • MARCH 1987 } 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. 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. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 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-Construc- tion Contract. if the Owner, the Contractor and the Surety agree, the Contractor shall be allowed areason- able 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; 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 de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 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 accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense 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 Construc- . tion Contract itself, through-its agents or through inde- pendent 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 Con- struction Contract, arrange for a contract to be pre- pared 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 ex- cess 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 deter- mined, tender payment therefor to the Owner; or • 2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If 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. It 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. 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 Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting 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 dam- ages caused by delayed performance or non-perfor- mance 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 Con- struction 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, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 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 oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1967 A312-1984 2 able 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 sig- nature page. 11 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 con- forming 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 1r, the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE tractor 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, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form 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 Con- tractor 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond _ - -- - i2 7385i~ - - -_ Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HAEMKER GENERAL CONTRACTING 622 SOUTH POWERLINE RD. NAMPA, ID. 83686 SURETY (Name and Principal Place of Business): WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SD. 57117-5077 OWNER (Name and Address): CITY OF MERIDIAN 33 EAST IDAHO AVE. MERIDIAN, ID. 83642 CONSTRUCTION CONTRACT Date: 10/15/03 Amount: $115,000.00 Description (Name and Location): MERIDIAN BEAR CREEK PARK RESTROOM BUILDING BOND Date (Not earlier than Construction Contract Date): 10/20/03 Amount: 5135,000.00 Modifications to this Bond: 0 None ~ See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) HAEMKER GE ERAL CONTRA/CTING V Signatur . Name Title: SURETY Company: (Corporate Seal) -_ -- WESTERN SURETY COMPANY _ - = - = Signatur ~ ___ __ Name and T tle: KARYL .RICHTER ' _ - ATTORNEY IN FACT - (Any additional signatures appear on page 6) (F~R INFORMATION ONLY Name, Address and Telephone) A ENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or ALLIED BONDING other party): P.O. BOX 6616 BOISE, ID 83707 208-345-4177 AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA ® A312-1984 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 THIRD PRINTING• MARCH 1967 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 perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 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 fur- nished 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 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 pay- ment, 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: Have furnished written notice to the Con- tractor 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 no- tice 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 the Owner to the Contractor or to the Surety, that is suffi- cient 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 Pay or 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 perfor- mance 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 tha# 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 prior- ity 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 unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 1 O 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 juris- diction 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 mate- rials or equipment were furnished by anyone under the Con- struction 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 con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND • DEGEM6EK ieea tu. • HIH ~ A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W. WASHINGTON, DC 20008 THIRD PRINTING • MARCH 1987 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 fumish 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 equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: NONE 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 sig- nature 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 Con- tractor 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 -PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.• AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 A312-1984 6 THIRD PRINTING • MARCH 1987 •: THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond 140 KNOW ALL MEN BY THESE PRESENTS, that we HAEMKER GENERAL CONTRACTING 622 S. POWERLINE RD.; NAMPA, ID 83686 as. Principal, hereir'after called the Principal, and -- - - - WESTERN SURETY COMPANY P.O .BOX 577; SIOUX FALLS, SD 57117-5077 a corporation duly organized under the laws of the State of SOUTH DAKOTA as Surety, hereinafter called the Surety, are held and firmly bound unto MERIDIAN PARKS & RECREATION 11 W. BOWER ST.; MERIDIAN, ID. 83642 as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT (5"/~) OF AMOIN7~ BID Dollars ($ 5a~, ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RESTROOM FOR BEAR CREEK PARK PROJECT # 02-225 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not fio axceecl tie oenal~y r>ar -~ , ... ~- .. ., ~t . ..,c, ~~ : ..: ,,. ,. ,. ,. ,,...:,,. ,.,,,y..,~.:'«.^-- __ Obligee mar 7h~ood faith contract with another party to perform the Work .covered by said bid, then this obligation shall be nul, an., void, othervrise to remain in full force and effect. Signed and sealed this 18 (Witness) day of SEPTEMBER 20 03 HAE KER GENERAL CONTRACTING P 'ncipal) (Seal) (Title) I ~ JENAE .PRICE (witness) / WESTERN SURETY COMPANY ~ ~~~ TER itle) ATTORNEY IN FACT "~ AIA DOCUMENT A310 -BID BOND -AIA 0 -FEBRUARY 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 ® P7inted on Recycled Paper 9/93 #a4o " ~ - Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Karyl A Richter, Individually of Boise, ID, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds; undertakings and other obligatory instruments of similar nature - - __ __ _ - hn Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly. adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 28th day of June, 2003. ~~ WESTERN SURETY COMPANY ~~°~`~~' W Z ~,,, $EA~'f •~ Paul . Bruflat, Senior Vice President State of South Dakota 1 J7 ss County of Minnehaha On this 28th day of June, 2003, before me personally came Paul T. Brnflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that 13e,icsrcws,~„~..SO~,S6~SPQration; at thsr.se ix ~ the said, instrument_is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said wrporation. My wmmission expires i"""'"•••`••"''"""""~ i ~ D. KRELL + November 30, 2006 i ~ NOTARY PUBLIC i i~SOUTH DAKOTA~p •\~tititi4ti4ti4tibAtititirtiti~tititi 'f D. Krell, No Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this a8 day of SEPTEMBER ~3 ~.~"`~'' WESTERN SURETY COMPANY ~.P ` _ ~ w t4~-.1. ~ a~ w - _ _ ~~ ~~~ L. Nelson, Assistant Secretary Form F4280-01-02 ,. BID PROPOSAL To: Meridian Parks & Recreation 11 West Bower Street Meridian, Idaho 83642 Attention: Elroy Huff Gentlemen: The Bidder in compliance with your invitation for bids for the construction of a new free standing single story restroom and maintenance facility tocaSed at 2400 S. Stoddard Rd. Meridian, Idaho 83642, having examined the bidding and contract documents and the site of the proposed work, and being familiar with alt the conditions surrounding the canstruc~c of ~- per-Protect-m~cludwg. the availability of and labor, hereby proposes to fi~rnish all labor, _ materials and supplies, and to provide the service and insurance in accordance with the Contract Docmnent, .within the time set forth therein, and the prices stated glow. These prices are to cover all expenses incurred in performing the work requires under the Contract Docume~s, of which this proposal is part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the Owner and to substantially complete the project within 75 consecutive calendar days thereafter, as stipulated in the specifications. Bidder fiuther agrees to pay as liquidated damages, the sum of $300.00 for each consecutive calendar day thereafter. Bidder aclmowledges receipt of the addendum Nos. BASE PROPOSAL: Bidder agrees to perform all of the base proposal the work described in the specifications and shown on the plans for the sum of ~~a~ ~.~.~~,,~ Dollars ~$ llst~. °o ~ s m both,~s mfr !„ aase ~'y, the aseornnsinvw~r:n udII govern.) ~ ALTERNATES: Bidder agrees to perform Alternate work described in section 01230 "Alternates" and per drawings for the sum of. Add Alternate No. 1: (R,nauo-tsho~ be shown m both wads In ox~e ~'drey, dee arreourrt Bear Creek Restroom BID PROPOSAL BP -1 Bidder understands that the Owner reserves the right to reject arty or all Bids and to waive any informalities in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days ai~er the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract within ten (10) days and deliver a Surety Bond or Bonds as required by Article 7 of the Instructions to Bidders. The bid security attached in the am,wrnt of 5% of the bid amount is to become the property of the Owner in the event of the c~tcact and bond are not executed within the time set fords, as liquidated damages for the delay and additional expense to the Owner caused thereby. The names and addresses of the entities who will perform the sub-contracting work, subject to approval of -Owner and . Architect, . ign~ is awarded-the are as o ows_ Idaho Public works Contractors License No. /D 8 ~0 9- (j- c,/ r!i fi Idaho IiVAC Contractors License No. [r - ~/ - ~ (oa Plumbing: ~~ /LX.di/~.+~s.ew-- "~~ -~ ~o °'~-- ~ ~3 b ~3 Idaho Public works contractors License No. ~~9 ~~ - ~ ~-~ Idaho Plumbing Ca~ntractors License No. C 94 .s'~i Electrical: Idaho Public works contractors License No. / ~.s'Lr ~ - C ` ~ C / ~~ Idaho IIectrical conhactors License No. 4087 J Should the listing of subcontractors change due to selection of alternates or other similar circumstances, attach explanation. Bear Creek Re,~noom BID PROP06AL BP - 2 ..~ The undersigned notifies that he is of this date duly licensed as an Idaho Public Works Contractor and further that he possesses Idaho Public Works Contractor's License, No. ~3 (o (o ~3 - ~- ~ ~~ and is domiciled in the State of ~~~.~~~ Dated at ~ - 3 y,.o~r.f ~ ,~~ y of 02. time day month Respectfully submitted, By: company -- - ~ ~ ~- ~ ~~ Basin ssAd ess Authorized Signature ~~ Title Telephone Number (seal - if bid is by a corporation) Fax Number Bear Cheek Restroom BID PROPOSAL BP _ 3 ~cu.~ ~nc0 ~ote~siuiwPy awotgdwa~{ ~I~ld ao~unw an~~d izt74ZlL£/:.O:sati~fx3 £QOZ(801~O:Nanysl (6£)x'£'9-£99£6 '00 JNIJ:O`dzl{LNOO 1tl213N3J ~i3~W3tlH asuaa}~,~o;~e~~uo~ s~or~ ~ygnd A.L3~tlS JNIal1[18-~i~ NOISIAIa + OHtldl ~O 3.l<tl1S Division of Building Safety -Public Works Co.,[ractors 1090 E. Watertower St., Meridian, Idaho 83642 (208) 334-4057 vaww2.state.id.us/dbs/dbs index.html Issued subject to the provisions of Title 54, Chapter 19 of the Idaho Code as amended. Cardholder Signature n 1 ~ ~ (~ ~.