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HomeMy WebLinkAboutAgreement Form with Jade II, Inc. dba Recreation Idahofor Adventure Island Splash Pad Equipment PurchaseAGREEMENT FORM THIS AGREEMENT is between Jade II, Inc. dba Recreation Idaho (herein called CONTRACTOR) and City of Meridian, Idaho (herein called OWNER). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: WORK 1.1 CONTRACTOR shall complete Work as specified or indicated in the Contract Documents. The work is generally described as follows: "Adventure Island Splash Pad: Equipment Purchase" LANDSCAPE ARCHITECT 2.1 The Land Group is hereinafter called Landscape Architect and is to act as OWNER's representative, assume duties and responsibilities, and have the rights and authority assigned to in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIME 3.1 Contract Times: 3.1.1 CONTRACTOR will achieve Substantial Completion on or before September 8, 2006, and Work will be completed and ready for final payment and acceptance in accordance with the General Conditions on or before September 22, 2006. 3.2 Liquidated Damages 3.2.1 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 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 a legal or other dispute resolution proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above, for Substantial Completion until the Work is substantially complete. 3.2.2 After Substantial Completion, if CONTRACTOR neglects, refuses, or fails to complete the remaining Work within the Contract Times or any property OWNER granted extensions thereof, CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above for completion and readiness for final payment. I;. 3.2.3 OWNER shall recover such liquidated damages by deducting the amount owned Adventure Island Splash Pad: Agreement Form Equipment Purchase from the final payment or any retainage held by OWNER. 4. CONTRACT PRICE 4.1 Contract Price: 4.1.1 OWNER shall pay CONTRACTOR the following total based. on the conformed Bid, which is included as an Exhibit to this Agreement. One Hundred Thirty Four Thousand, One Hundred Seventy Nine Dollars (words) and No Cents ($134,179.00) (words) (fib Tres) Subject to additions and deletions as provided in the Contract Document. 5. RETAINAGE 5.1 Prior to final Completion, OWNER shall retain from progress payments five (5) percent of the value of Work completed, OWNER shall retain (5) percent of the value of stored materials and equipment. 5.2 OWNER will release to CONTRACTOR all retainage for those separate portions of the Work determined finally complete by LANDSCAPE ARCHITECT and accepted by OWNER for use as intended. 6. INTEREST 6.1 Monies not paid when due as provided in article 14 of the General Conditions shall bear interest at the rate of 2 percent per month. 7. CONTRACTOR'S REPRESENTATIONS 7.1.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, general nature of work to be performed by OWNER or others at the site that relates to Work required by the Contract Documents and local conditions and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of Work. 7.1.2 CONTRACTOR has studied carefully reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions of the General Conditions, and accepts the determination set forth in the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents. 7.1.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigations, explorations, tests, studies, and reports Adventure Island Splash Pad: Agreement Form 2 Equipment Purchase (in addition to or to supplement those referred to above) which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the work as CONTRACTOR deems necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions; and not additional or supplementary examinations, investigations, explorations, tests, reports, or similar information or data re or will be required by CONTRACTOR for such purposes. 7.1.4 CONTRACTOR has reviewed and checked information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and has included costs as defined in the General Conditions. 7.1.5 CONTRACTOR has correlated information known to CONTRACTOR and results of such observations, familiarizations, examinations, investigations, explorations, tests, studies, and reports with Contract Documents. 7.1.6 CONTRACTOR has given LANDSCAPE ARCHITECT written notice of all conflicts, errors, ambiguities or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by LANDSCAPE ARCHITECT is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing Work. 8. CONTRACT DOCUMENTS 8.1 The Contract Documents which comprised the entire Agreement between OWNER and CONTRACTOR concerning Work are defined in the General Conditions. 8.2 Drawings bearing the following general title: Adventure Island Splash Pad: Equipment Purchase 8.3 Addenda numbers 1 to 1 ,inclusive. 8.4 Exhibits to this Agreement include: 8.4.1 Advertisement for Bid 8.4.2 Instruction to Bidders 8.4.3 Bid Form signed by CONTRACTOR 8.4.4 Executed Performance Payment Bond 8.4.5 Documents submitted by CONTRACTOR prior to execution of Agreement. 8.4.6 Notice to Proceed 9. MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no Adventure Island Splash Pad: Agreement Form Equipment Purchase assignment will release or discharge the assignor tiom any duty or responsibility under the Contract Dociunents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.3 GOVERNING LAW, The validity. Meaning and effect of this Contract shall be determined in accordance with the laws of the State of Idaho applicable to contracts made and performed in are subject to the venue of the Fourth Judicial District of the State of Idaho IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and LANDSCAPE ARCHITECT. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER: ``~~iiiliilli~~~, y F~/P V FA '~ ri Date - 2 2 O 6~ ~~o ~~ , .. ;. ~ ~ , ~yr~Q ~ 18~ ' ~~~~~° /~/~~~{~It11ti111t1~~ti1 Address for giving notices: 33 E. Idaho Meridian, Idaho 83642 Phone. (208) 888-4433 (If OWNER is a public body, attach evidence of authority to sign and resolution of other documents authorizing execution of Agreement.) License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) CONTRACTOR: g b C~ ~14., ~7~GGUrRa Date (O~~lo'Q~p Address for giving notices Adventure Island Splash Pad: Agreement Form 4 Equipment Purchase NOTICE TO PROCEED TO: Recreation adaho DATE: May 29, 2006 PMB #234, 104 E. Fairview Avenue Meridian, ld 83642 PROJECT: Adventure Island Splash Pad: Equipment Purchase DESCRIPTION: PURCHASE AND DELIVER SPLASH PAD EQUIPMENT PER DRAWINGS AND SPECIFICATIONS ~~•~~ You are hereby notified that the Contract Time for the construction of the above project will cotmnence to run on the 29''' day of May, 2006. Title: ''"`~vrir'rrm ~G¢~f'/'1QrflG~P~ ,~.~-emu ~~ ~~, `\`~~~ii~i~ a i~~i~~ \ '~i i T_ ~i ~ ~\ i ~~ • `~~ i ~ ,~ \~ y~/f~'/~~~1~ltttit 1{11~~,h~ r~dvenRU•c Island Splash Pad: Equipment Purchase Tv1ay 20DG OWNER: ATTEST: i\'OTICI; Ol+' AWARD TO: Recreation Idaho DATE: iVlay 29, 2006 PMB #234, 104 E. Fairview Avenue Meridian, Id 83642 PROJECT DESCRIPTION: Adventure Island Splash Pad: Egtlipmcnt Purchase The OWNER lags 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 notif ed that your Bid has been accepted for (description): PURCHASE AND DELIVER SPLASH PAD EQUIPMENT PER DRAWINGS AND SPECIFICATIONS In the amount of: One hundred thirty five thousand, four hundred seventy five dollars. Dollars (S 135,475.001. You are required to full execute tl-ze Agreement and furnish tb.e required Contractor's Performance bond, Payment Bond and Cezrtificates of Insurance within five (5) calendar days from the date of the notice to you, that is by June 2, 2006. l:f you fail to execute said Agreement and to Fiun.ish said bonds and eertifcates of insurance within five (5) calendar days from the date of this Notice, said OWNER will be entitled to consider all your z•ights arising out of the OWN.ER's acceptance ofyour;Bid as abandoned and as a forfeituz~e of your bid Bond,. The OWNER will be entitled to such other rights as tnay be granted by Law. You are required to return the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER. OWNER: ATTEST: i CITY OF MERIDIAN, IDAHO ~~`~~~ ''~,o .'J~ ~~ Nazne: TAMMY ~ WEERD ,c„a 7 the = WILLIAM BERG Title: MAYOR !~ +La T tle: = CITY CLERK Approved by City Council.: ~Z X86 ~ ~' . ~~ ~' ~Q t ~ ~~~~ /ll~ll•1i1t1ST1{{{{{{~ Adventure Island Splash Pad; Equipment Puroltase May 2006 ACCEPTF~NCE OF NOTICE OF AWARD Receipt of tl~e NOTICE OF AWARD is Hereby acknowledged by: ~~~~e~ Recreation Idaho., this ~ day of .~~- , 2006. CONTRACTOR By: ~`• ~tw N a tne: /.,~~A!t~ Y~1~J AIL~-~s'~9/y Title: 1'~~U.a~ Adventure Island Splash Pad: Equipment Purchase May 2006 Jun. 15• 2006 11:06AM Recreation Idaho~Utah MAY 1 8 RECD IssuE N,.°.'.4139 ~. 2 CERTIFICATE OF INSURANCE os-is-2006 9:42:58 AM xw PRODUCER WESTERN COMMUNITY INSURANCE COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF PO BOX 4 848 INFORMATION ONLY, AND CONFERS NO RIGHTS UPON THE POCATELLO, ID 83205-4848 GERTIFICATEHOLDER. THIS CERTIFICATEOOESNOT AMEND, EXTEND OR ALTER 7HE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED COMPANIES AFFORDING COVERAGE J ALAN YARRINGTON DBA RECREATION IDAHO COMPANY LETTER A l04 E FAIRViEw AVE PME 234 WESTERN COMMUNITY INSURANCE COMPANY MERIDIAN ID 83642 COMPANY LETTER B COMPANY LETTER C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY ~ EffECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMHEfl DATE DgTE ALL LIMITS IN THOU9AN0S 2060 GENERAL LIABILITY GENERAL AGGREGATE $ A Ixl CGL OCCURRENCE PRODUCTS•COMPlOPS $ 2000 AGGREGATE PERSONAL& ADVERTISING S 1000 INJURY II OWNER'S & CONTRACTOR'S PROT 8C533201 10-22.2A05 10•?2-2006 EACH OCCURRENCE 81000 . FIRE DAMAGE $ 100 An One fire II MEDICAL EXPENSES $ 5 An one arson AUTOMOBILE LIABILITY ~~ ANY AUTO COMBINED SINGLE LIMIT $ II ALL OWNED AUTOS $ I~ SCHEDULED AUTOS BODILY INJURY Per Pelson I) HIRED AUTO $ II NON-0WNED AUTOS BODILY INJURY Per Accident II GARAGE LIABILITY $ DROPERTY DAMAGE EXCESS LIABILITY II EACH OCCURRENCE $ II QTHER THAN UMBRELLA A~GREOATE $ FORM ) WORKER'S COMPENSATION STATUTORY I ANO EACH ACCIDENT EMPLOYER'S LIABILITY OISEASE•POLIGY LIMIT $ DISEASE•EACH EMPLOYEE $ OTHER IESCRIPTION OF OPERATIONS/LOCATfON$NEHICLESIRESTRICTIONSlSPECIAL ITEMS: :HE CERTIFICATE HOLDER LISTED BELOW IS AN ADDITIONAT, NAMED INSUFID PER FORM CO 20 10 {10/01) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 90 DAYS W RITTEN NOTICE TO THE CERTIFIGA7E NOLOER NAMED TO THE LEFT, BUT FAILURE TO MAIL CITY OF MERIDIAN SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIA6IUTY OF ANY VE O N THE COMPANY ITS T R EPRESENT A 33 E IDAH AUTHORIZED REPRESENTATIVE MERIDIAN ID 83642-2631 ~ ~,p J~ ACRD25~Sf71.94) CerCificste Holder's Copy JUN 15 ' 06 1120 VFlA7I+.VV'+~7~a~..»nx•a an• 1 888 779 0748 PAGE.02 ACORDM CERTIFICATE OF LIABILITY INSURANCE osioziio ) PRODUCER (512)754-2700 FAX (512)754-2717 Benchmark Insurance Group, Inc. P.O. Box 1687 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. San Marcos, TX 78667-1687 Scott Burton INSURERS AFFORDING COVERAGE NAIC # INSURED Fountain People, Inc. INSURER A: CNA Insurance Company Ca1Tex Partners, LTD. INSURER B: TexCal Partners, L. P. INSURER C: P.O. BOX 807 INSURER D: San Marcos, TX 78667 INSURER E: vc ~ 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. INSR DD' TYpE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 2088125208 11/10/205 11/1/2006 EACH OCCURRENCE $ 1 r UUU r UU X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED g 100 r ~~ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5 ~ UU A PERSONAL 8 ADV INJURY $ 1 r QQQ ~ UU GENERAL AGGREGATE $ 2 , OOO , OO GEN'L AGGREGATE LIMIT APPLIES PER: ' PRODUCTS -COMP/OP AGG $ j ~ QQQ ~ UU X POLICY PRO LOC JECT AUT OMOBILE LIABILITY 02081385215 11/10/2005 11/lU/2UU6 COMBINED SINGLE LIMIT $ X ANY AUTO (Ea accident) 1 000 UU ~ ~ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY ~ EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC 281385229 11/10/2005 11/10/2006 X `A'c sTATU- oTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ SOO, OO A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ SUU, OO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ SUU UU OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Fountain People, Inc. P.O. Box 807 San Marcos, TX 78667 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL lO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE rl Scott Burton/JWEBB ~-~- ~~~`'3 '~~"','"?~" ACORD 25 (2001/08) ©ACORD CORPORATION 1988 mj ,!a .c / /,i ,~. ,% . IS1693 CERTIFICATE OF INSURANCE WESTERN COMMUNITY INSURANCE COMPANY P.0. BOX 4848 POCATELLO IDAHO 83205 - 4848 ISSUES THIS CERTIFICATE AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THE INSURANCE AFFORDED IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF THE POLICIES. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURED NAME AND ADDRESS ALAN YARRINGTON DBA RECREATION IDAHO YARRINGTON J ALAN DB PMB 234 RECREATION IDAHO 104 E FAIRVIEW AVE 104 E FAIRVIEW AVE P MERIDIAN ID 83642 MERIDIAN ID 83642 POLICY NUMBER 8C53 201 EFFECTIVE DATE 10/22/05 EXPIRATION DATE 10/22/06 12:01 AM STANDARD ~IME AT THE INSUREDS ADDRESS AS STATED HEREIN. AGENT 808 BIRD RODNEY 208-888-1821 TYPE OF INSURANCE LIMITS OF LIABILITY ~**GENERAL LIABILITY OCCURRENCE BASIS~~~ GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS/COMPLETED OPERATIONS) PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT .FIRE DAMAGE LIMIT MEDICAL EXPENSE LIMIT $2,000,000 $2,000,000 $1,000,000 $1,000,000 $100,000 ANY ONE FIRE $5,000 ANY ONE PERSON IN THE EVENT OF ANY MATERIAL CHANGE IN, OR CANCELLATION OF SAID POLICIES, THE UNDERSIGNED COMPANY WILL ATTEMPT TO GIVE 10 DAYS WRITTEN NOTICE TO THE PARTY TO WHOM THIS CERTIFICATE IS ISSUED. J AUTHORIZED REPRESENTATIVE 10/24/05 DATE ISSUED IDSCHD JUN 1 4 REC'~ THE AMERICAN INSTITUTE OF ARCHITECTS ,` L d# 2059515 AIA DocumentA3i2 Performance Bond Any singular reference to Contractor, Surety, Owner or other parry shall be considered plural where applicable. CONTRACTOR (Name and Address): Jade II, Inc. dba: Recreation, Inc. PMB #234, 104 E. Fairview Ave. Meridian, ID. 83642 OWNER (Name and Address): Meridian Parks & Recreation 11 W. Bower St. Meridian, ID. 83642 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 960 W. Broadway Ave. Ste. 420 Boise, ID. 83704 CONSTRUCTION CONTRACT Date: May 29, 2006 Amount: $135,475.00 Description (Name and Location): Adventure Island Splash Pad: Equipment Purchase BOND Date (Not earlier than Construction Contract Date): June 8, 2006 Amount: $135,475.00 Modifications to this Bond: X None CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Jade II, Inc. dba: Recreation, Inc. Signature: Name and Title: (Any additional signatures appear on page 3) ^ See Page 3 (Corporate Se:~t) North American Specialty Insurance C mpany , ~. ~~ ~ L 2. ~_ ' '~ Signature: ~- -~-~' Name and Title: Mary J uier ttorne In-Fact ~, --- (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other parry): Post Insurance Services, Inc. P.O. Box 8447 Boise, ID. 83707 N/A 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 1 THIRD PRINTING • MARCH 1987 i 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 Suret~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 Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 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 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. 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. 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 not 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. AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 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 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. 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 MODIFICATIONS TO THIS BOND AREAS FOLLOWS: 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. 12.2 Construction Contract: The agreement betwen 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 SURETY _ ~ ___---Company: (Corporate Seal) Company: (Corporate Seal) - Signature: ~'" ~~'~ Name and Tit Address: py,~,~ ~a3'F 10~ F, F~rQ+-~'~'' ~,In;d~ ~~ $3~v Ufa.. Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA 8 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 d# 2059515_ AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner orother-party shall be considered plural where applicable. CONTRACTOR (Name and Address): Jade II, Inc. dba: Recreation, Inc. PMB #234, 104 E. Fairview Ave. Meridian, ID. 83642 OWNER (Name and Address): Meridian Parks & Recreation 11 W. Bower St. Meridian, ID. 83642 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 960 W. Broadway Ave. Ste. 420 Boise, ID. 83704 CONSTRUCTION CONTRACT Date: May 29, 2006 Amount: $135,475.00 Description (Name and Location): Adventure Island Splash Pad: Equipment Purchase BOND Date (Not earlier than Construction Contract Date): June 8, 2006 Amount: $135,475.00 Modifications to this Bond: X None CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Jade II, Inc. dba: Recreation, I~A.k.~.~e Signature: ~ ++~ Name and Titl (Any additional signatures appear on page 6) ^ See Page 6 (Corporate Seal) __ - North American Specialty Insurance Company Signature: ,c _ :~"~-~-- ~~''~ Name and Title: Mary J quier Attorn -In-f=act ~~_ (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: I~WNER'S REPRESENTATIVE (Architect, Engineer or other parry): Post Insurance Services, Inc. P.O. Box 8447 Boise, ID. 83707 N/A AIA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. •AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING .MARCH 1987 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 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 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 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 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Suret~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 Suretys 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. S Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and 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. .2 Have either received a rejection in whole or in 12 Notice to the Surety, the Owner or the Contractor shall part from the Contractor, or not received within be mailed or delivered to the address shown on the 30 days of furnishing the above notice any signature page. Actual receipt of notice by Surety, the communication from the Contractor by which Owner or the Contractor, however accomplished, shall be the Contractor has indicated the claim will be sufficient compliance as of the date received at the address paid directly or indirectly; and shown on the signature page. .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. 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 requirements 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 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND .DECEMBER 1984 ED.. AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.c. 2ooos A312-1984 5 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 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 the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used MODIFICATIONS TO THIS BOND AREAS FOLLOWS: 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. (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: _> ~.~ Signature: ~ Name and Titl Address: ~w-6~a3 ~ 10~ ~, ~-~~V-tsW' ~P,v~ ~~Dl,~r, ~D $36~ Signature: Name and Title: Address: (Corporate Seal) 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 THIRD PRINTING • MARCH 1987 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: TERRY S. ROBB, WILLIAM F. POST and MARY JAQUIER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as aze or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24w of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and [o attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \\p\tuunuiinnii \\\~\Q~ou"urr~,~v~,~~~ ~ a4,,~y+APUA;j'•..G ~ iCT' ~ ~~~~~'iL,i.~--....,,. B +~„utrw„t,,,~~ ~4~*`~yp"YtOMAt~~G x ~, Y x ' ~ J & I C t, ' w ~~~~ g V • S~~ m W ompany nsurance rson, President & Chief Executive Otricer of Washington International Steven P. Ande an s ranee Com i S i lt l id f N rth A Vi P { ~ x~6 S E ~ ~' ~ G ~ i,?, 1873 erp; y p can pec a y n u ent o o mer ce res " ~~ ,~,••.NAM~,',.l'' $~y~ ry m_ elf .,. ~' •` t5;~ "`ter ~"•` ~ . By David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 23rd day of January , 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 23rd day of January , 20~ before me, a Notary Public personally appeared Steven P. Anderson President and CEO of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ~ j '°OrF~ 1Ci~hL SEAL"' // . ~~ L ~~~ SUSAN At~~L ~~'~~ Ni~rgpu'dic,&1a~evittii'~s Susan Ansel, Notary Public IAyColrafl~ial E~res TfGr1E~D6 I, James A. Carpenter the duly elected Assistant ecretarv of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington Intemational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 8 day of June , 20 06, ~~ ~~ James A. Carpenter, Vice President & Assistant Secretary of Washington Imemational Insurance Company & North American Specialty Insurance Company