Loading...
HomeMy WebLinkAboutStandard Form of Agreement with Golis Construction for Settlers Park RestroomsACCEPTANCE OF NOTICE OF AWARD Receipt of the NOTICE OF AWARD is hereby acknowledged by: / ~ GOLIS CONSTRUCTION this (~ day of April, 2003. CONTRACTOR By. ~ ~ C~7~~ , Name: ~~ ~ ~;.,~c~s ~ , ~ ~~ `S Title: ~ Meridian Settler's Park Restroom Building 3/03 Minimum Standard 1997 Uniform Fire Code DATE: Marcia 13, 2003 APPLICANT: The Land Group FROM: Joseph Silva; Fire Marshal 3r.~b 1 SUBJECT: .Plan Review for Settlers Park 3~5 N. Meridian. Rd. THE FOLLOWING CONDITIONS ARE REQUIRED TO BE-MET OR AGREED UPON PRIOR TO THE ISSURANCE OF THE CERTIFCATE OF OCCUPANCY: Premises Ldentification - (UFC Sec. 941) Ensure that the address is prominently posted on the front of the building or on a monument sign in 4" numbers. Fire')Extin~ieherS - (I~1)l C Sec. Y082~ . Fire extinguishers shall be 2A: IOBC rated in all a;eas:. One Extinguisher. shall be mounted 3' to S' above floor level, plainly visible and readily accessible in the dinging room area. Exits- 1. .Front Exit doors not. equipped with panic hardware shall have a sign placed above them stating "This door to remain unlocked during business hours". For further clarification; information onto schedule inspections please contact-the Fire Marshal of the IUleridian Fire Department at 208/888-1234. ANDY OVERT,OOKED HAZARD013S CONDITION OI2 VIOC,ATION OF THE UNIFORM BUl<LDING OR FIRE CODE DOES NOT IMPLY APPROVAL OF-SUCH CONDITION E0 3~tid NOIlOfl211SN00 SI~09 b0Zb8E680Z 50:60 E00Z/9i/b0 NOTICE OF AWARD TO: GOLIS CONSTRUCTION PO BOX 2559 EAGLE, IDAHO 83616 DATE: APRIL 9, 2003 PROJECT DESCRIPTION: MERIDIAN SETTLER'S PARK RESTROOM BUILDING The OWNER has considered t he Bid s ubmitted by y ou and for t he a Bove described W ork in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your Bid has been accepted for (description): MERIDIAN SETTLER' S PARK RESTROOM BUILDING In the amount of ONE HUNDRED NINETY NINE THOUSAND SIX HUNDRED SIXTY FOUR AND NO/100 DollarsS$199,664.001 You are required to full execute the Agreement and furnish the required Contractor's Performance B ond, P ayment B and and C ertificates o f I nsurance w ithin f ive (5) c alendar d ays from the date of the notice to you, that is by April 11, 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 By: i Name: \`11111111111111/l.~/ ~~`~~ OF tf=R1? ~'' ~.. ~.~ .~`4 1,qA IDAHO ~'~ O~ ~,oRPO~ ~F ~ ~~~ ® ~~ O ~ ~ rnuurn ~ SR'I' Approved by City Council: ~`~'' ,111 ATTEST: ::Name: WILLIAM G. BERG ,Title: CITY CLERK Meridian Settler's Park Restroom Building 3/03 1997 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between Owner and COntraCfor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the day of Agril in the year of 2003 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of Meridian. 33 E. Idaho. Meridian. ID 83642 and the Contractor: (Name, address and other information) Golis Construction. PO Box 2559. Eagle. ID 83616 The Project is: (Name and location) Meridian Settler's Park Restroom Building The Architect is: (Name, address and other information) The Land Group. 128 South Eagle Road. Eaale. ID 83616 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, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 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. c c y e mencan ns l u e of 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. expiration as noted below. User Document: 97a101.aia - 4/9/2003. AIA License Number 1116865, which expires on 3/31/2004. 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 MAYBE MADE BY USING AIA DOCUMENT D401. AIA DocumentA201-1997, 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 ofAmerica. ~~ ~ ,~ ~. ,~ i:'+ ~'~ ©1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) April 28. 2003 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: N/A 3.2 The Contract Time shall be measured from the date of commencement. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not CONSULTATIONW/THAN ATTORNEY IS ENCOURAGED WITH later than days from the date of commencement, Or aS fOIIOWS: RESPECT TO ITS COMPLETION OR (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the MODIFICATION. AUTHENTICATION date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for OF THIS ELECTRONICALLY earlier Substantial Completion of certain portions of the Work.) DRAFTED AIA DOCUMENT MAYBE On Or before August 1.2003 MADE BY USING AIA DOCUMENT D401. subject t0 adjustments Of this Contract Time as provided in the Contract Documents. AIA Documenta2ol-1ss~, General (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus Conditions of the Contract for payments for early completion of the Work.) Construction, is adopted in this 3 3 1 OWNER and CONTRACTOR recognize that time is of the document by reference. Do not use essence of this Agreement and that OWNER will suffer financial loss if With other general conditions unless the Work is not completed within the times specified in paragraph this document is modified. Contract Times above. plus and extensions thereof allowed in This document has been approved and accordance with the General Conditions. OWNER and CONTRACTOR endorsed by me associated General also recognize the delays expense and difficulties involved in proving in Contractors ofamerica. 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 I~uidated dames for delay (but not as a penalty) CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each da~r that expires after the time specified in paragraph Contract Times above. for Substantial Completion until the Work is substantially complete. 3 3 2 After Substantial Completion if CONTRACTOR neglects. refuses or fails to complete the remaining_Work within the Contract Times or any~operty OWNER granted extensions thereof CONTRACTOR shall~av OWNER one hundred dollars and zero cents 0100 00) for each day that expires after the time specified in paragraph Contract Times above for completion and readiness for final payment. 3 3 3 OWNER shall recover such liquidated damages by deducting the amount owned from the final ~avment or any retainage held by OWNER. ~ ,~ .M~ ~~• '+r ~.'f ARTICLE 4 CONTRACT SUM °~~ 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the ©1997 AIA® Contractor's performance of the Contract. The Contract Sum shall be AIA DOCUMENT A101-1997 One Hundred Ninet~Nine Thousand Six Hundred Sixty Four Dollars ($ 199.664.00 ), OWNER-CONTRACTOR subject to additions and deductions as provided in the Contract Documents. AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 c c y e mencan ns i u e of 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. expiration as noted below. User Document: 97a101.aia -- 4/9/2003. AIA License Number 1116865, which expires on 3/31/2004. 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 of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) N/A 4.3 Unit prices, if any, are as follows: N/A 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: 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1stday of a month, the Owner shall make payment to the Contractor not later than the 16th day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than 45 days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY /S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE 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. 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 ri^~ 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, ©1997 AIA® amounts not in dispute shall be included as provided in Subparagraph 7.3.8 AIA DOCUMENT A101-1997 Of AIA DOCUment A201-1997. OWNER-CONTRACTOR AGREEMENT .2 Add that portion of the Contract Sum properly allocable to materials and The American Institute of Architects equipment delivered and suitably stored at the site for subsequent 1735 New York Avenue, N.w. incorporation in the completed construction (or, if approved in advance by the Washington, D.C. 20006-5292 Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5%); c c y e mencan ns i u e of 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. expiration as noted below. User Document: 97a101.aia -- 4/9!2003. AIA License Number 1116865, which expires on 3/31/2004. .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 A201- 1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: rHls DocuMENr HAS IMPORTANT LEGAL CONSEQUENCES. .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase CONSULTAT/ONW/THAN the total payments to the full amount Of the Contract Sum, less such amounts ATTORNEY IS ENCOURAGED WITH as the Architect shall determine for incomplete Work, retainage applicable to RESPECT TO ITS COMPLETION OR such work and unsettled claims; and MODIFICATION. AUTHENTICATION (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE Substantial Completion of Work with consent of surety, if any.) MADE BY USING AIA DOCUMENT D401. .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 AIA DocumentA201-1997, General Subparagraph 9.10.3 of AIA Document A201-1997. Conditions of the Contract for Construction, is adopted in this document by reference. Do not use 5.1.8 Reduction or limitation of retainage, if any, Shall be aS follows: with other general conditions unless (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage this document is modified. resulting from the percentages inserted in Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) This document has been approved and N/A endorsed by The Associated General Contractors of America. 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. .~... 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ~ ,~ .., ,.~ ARTICLE 6 TERMINATION OR SUSPENSION "~'"~'~'"~'"F 6.1 The Contract may be terminated by the Owner or the Contractor as provided ~~ in Article 14 of AIA Document A201-1997. ©,ss~ AIA® AIA DOCUMENT A101-1997 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA owNER-coNTRACTOR DOCUment A201-1997. AGREEMENT The American Institute of Architects ARTICLE 7 MISCELLANEOUS PROVISIONS 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 c c y e mencan ns i u e of 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. expiration as noted below. User Document: 97a101.aia -- 4/9/2003. AIA License Number 1116865, which expires on 3/31/2004. 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 rate 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 of interest agreed upon, if any.) N/A THIS DOCUMENT HAS IMPORTANT Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer LEGAL CONSEQUENCES. credit laws and other regulations at the Owner's and Contractor's principal places of business, the location CONSULTATION WITH AN of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with ATTORNEY IS ENCOURAGED WITH respect to deletions or modifications, and also regarding requirements such as written disclosures or RESPECT TO ITS COMPLETION OR waivers.) MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE 7.3 The OWner'S representative IS: MADE BY USING AIA DOCUMENT (Name, address and other information) D401. The Land Group. Inc.. 128 South Eagle Road. Eagle. ID 83616 A/ADocumentA201-1997, General 7.4 The Contractor's representative is: conditions of the contract for Construction, is adopted in this (Name, address and other information) document by reference. Do not use GOlis Construction. 2559 Eagle. ID 83616 with other general conditions unless this document is modified. 7.5 Neither the Owner's nor the Contractor's representative shall be changed WIthOUt ten days Written nOtlCe t0 the Other party. This document has been approved and endorsed by The Associated General Contractors of America. 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 A101-1997. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated March 11.2003 ,and are as follows: ~'= Document Title Pages ~ .~ .r., .~ General Requirements -Division 01 '"'~~"' Contract Forms ©1997 AIA® 8.1.4 The Specifications are those contained in the Project Manual dated as in AIA DOCUMENT A101-1997 Subparagraph 8.1.3, and are as follows: owNER-CONTRACTOR (Either list the Specifications here or refer to an exhibit attached to this Agreement.) AGREEMENT SeCtlOn Title Pages The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 c , c y e mencan ns l u e of 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. expiration as noted below. User Document: 97a101.aia - 4/9/2003. AIA License Number 1116865, which expires on 3/31/2004. Project Manual Meridian Settler's Park Restroom 3/11/03 SDecifications Meridian Settler's Park Restroom 3/11/03 8.1.5 The Drawings are as follows, and are dated 3/11/03 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Working Drawings Meridian Settler's Park Restroom 3/11/03 8.1.6 The Addenda, if any, are as follows: Number Title Date 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 MAYBE MADE BY USING AIA DOCUMENT D401. Date Pages Addenda #1 3/26/03 8 Portions of Addenda relating to bidding requirements are not part of the Contract A/ADocumentA2o1-1997, General Documents unless the bidding requirements are also enumerated in this Article 8. conditions of the contract for Construction, is adopted in this 8.1.7 Other documents, if any, forming part of the Contract Documents are as document by reference. Do not use with other general conditions unless fOIIOWS: this document is modified. (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, This document has been approved and Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents endorsed by The Associated General unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contractors of America. Contract Documents.) N/A 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, and the remainder to the Owner. NER (signature) CONTRACTOR (signature) City of Meridian Golis Construction Robert Corrie, Mayor Tom Golis, Owner (Printed name and title) (Printed name and title) ~r ~ ,~ ~. ,..• ~~.~ ~~ ~~ ©1997 AIA® AIA DOCUMENT A101-1997 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 c c y e mencan ns l u e of 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. expiration as noted below. User Document: 97a101.aia -- 4/9/2003. AIA License Number 1116865, which expires on 3/31/2004. ,, --~ACORD,*, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 04/10/2003 PRODUCER (208) 342-6573 Marsh Advanta a America 4 A Service of Seabury & Smith 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. P.O. Box 8688 Boise ID 83707-2688 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERACOntin@ntal We3tern Ins. Golis Construction, Inc. INSURERB:IdahO State Fund PO BOX 2559 INSURER C: INSURER D: Ea le ID 83616- INSURER E: rnvcoer_ec 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 LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY) DATE MM/DD/Y ~N LIMITS A GENERAL LIABILITY 2441311 oa/a7/aoo3 02/27/2004 EacHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES EaE~rrOence $ 10 0 , 0 0 O CLAIMS MADE a OCCUR / / / / MED EXP An one arson $ 5 , 000 PERSONAL&ADVINJURY S 1, 000, 000 / / / / GENERAL AGGREGATE $ 2 , 0 0 0 , 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 . 0 0 0 , 0 0 0 POLICY JECT LOC / / / / A AuroMOBILEUaBILITY 241311 02/27/2003 02/27/2004 COMBINED SINGLE LIMIT 1 0 0 0 0 0 0 (Ea accident) , , $ X ANY AUTO ALL OWNED AUTOS / / / / BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS / / / / BODILY INJURY $ X NON-OWNED AUTOS (Per eccident) / / / / PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT . $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY / / / / EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE / / / ~ $ RETENTION $ $ $ WORKERS COMPENSATION AND 585781-IDAHO 02/27/2003 01/01/2004 X TORYLIMNITS ER EMPLOYERS' LIABILITY Y PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 10 0 , 0 0 0 AN OFFICER/MEMBER EXCLUDED? 10 DAYS CANCEL NOTICE / / / / E.L. DISEASE - EA EMPLOYEE $ 10 0 , 0 0 0 N yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 500,000 OTHER / / / / DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONSADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: MERIDIAN SETTLER'S PARK RESTROOM BUILDING CITY OF MERIDIAN IS AN ADDITIONAL INSURED GENERAL LIABILITY PER FORM CG20330798 ATTACHED GERTIFIGA I t F1ULUtK lrM1YVCLL/1 r IV17 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ( ) - ( ) - EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT CITY OF MERIDIAN FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 33 E . IDAHO INSURE ITS AGENTS OR REPRESENTA S. AU O PRESENTATIVE MERIDIAN ID 83642- ACORD 25 (2001/08) ®ACORD CORPORATION 1988 ~~ INS025 (0108).01 ELECTRONIC LASER FORMS, INC. - (800)327-0545 Page 1 of 2 ..,~, Golis Construction, Inc. Continental Western Ins. Co. Policy 2441311 POLICY NUMBER: Term: 2/27/03-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUSCRIPT ENDORSEMENT This endorsement modifies insurance provided under the following: ^ COMMERCIAL PROPERTY COVERAGE PART ^ BUSINESSOWNERS ^ INLAND MARINE ^ CRIME COVERAGE PART ® COMMERCIAL AUTO COVERAGE PART ^ PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART ^ OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART ^ COMMERCIAL UMBRELLA POLICY ^ WORKERS' COMPENSATION POLICY ^ MINI-COMPUTER POLICY SCHEDULE Name of Person or Organization: Certificate Holder is an Additional Insured if Required by Written Contract Project: Meridian Settler's Park Restroom Building (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement or required by written contract.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule or required by written contract, but only with respect to liability arising out of "your work" for that insured by or for you. CW 1054 (1-90) THE AMERICAN INSTITUTE OF ARCHITECTS I. I I AIA Document A312 Payment Bond Bond No. 104024105 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Golis Construction, Inc. P.O. Box 2559 Eagle, ID 83616 OWNER (Name and Address): City of Meridian 33 E. Idaho Meridian, ID 83642 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W. River, Suite 150 Boise, ID 83702 CONSTRUCTION CONTRACT Date: Amount: One Hundred Ninety Nine Thousand Six Hundred Sixty Four and No/100-----Dollars ($199,664.00) Description (Name and Location): Meridian Settler's Park Restroom Building BOND Date (Not earlier than Construction Contract Date): Amount: One Hundred Ninety Nine Thousand Six Hundred Sixty Four and No/100-----Dollars ($199,664.00) Modifications to this Bond: ^D None ^ See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Golis Construction, Inc. Signature: .~~~~-r~.cl/ ~~ ~~~~~%~~ Name and Title: Thomas B. Golis, President (Any additional signatures appear on page 6) SURETY Company: (Corporate Seal) Travelers Casualty and Surety Company of America Signature: rZ~%y?~c-- ~ - Name and Title: Brenda J. mith, Attol'r`:ey~ir._Fact - - (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer Jon M. Riche or other party): Marsh P.O. Box 8688, Boise, ID 83707 (208)342-6573 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 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 .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 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 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. 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 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 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 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 ARE AS 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: (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 THIRD PRINTING • MARCH 1987 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these presents make, constitute and appoint: Jon M. Riche, Brenda J. Smith, of Boise, Idaho, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents. to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) a r ~~„ Travelers ~~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain. acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. THE AMERICAN INSTITUTE OF ARCHITECTS ~ '~ ~I AIA Document A312 Performance Bond Bond No. 104024105 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Golis Construction, Inc. P.O. Box 2559 Eagle, ID 83616 OWNER (Name and Address): City of Meridian 33 E. Idaho Meridian, ID 83642 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 1161 W. River, Suite 150 Boise, ID 83702 CONSTRUCTION CONTRACT Date: Amount: One Hundred Ninety Nine Thousand Six Hundred Sixty Four and No/100-----Dollars ($199,664.00) Description (Name and Location): Meridian Settler's Park Restroom Building BOND Date (Not earlier than Construction Contract Date): Amount: One Hundred Ninety Nine Thousand Six Hundred Sixty Four and No/100-----Dollars ($199,664.00) Modifications to this Bond: ~ None ^ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) GOlis Construction, Inc. Signature: Name and Title: Thomas B. Golis, President (Any additional signatures appear on page 3) SURETY Company: (Corp~,~ate Seal) Travelers Casualty and Surety Company o' America Signature: y~~c~ ~~ -.~ Name and Title: Brenda . Smit , Attr3~rUy in-Fact (FOR INFORMATION ONLY- Name, Address and Teleph OWNER'S REPRESENTATIVE (Architect, Engineer or AGENT or BROKER: Jon M. Riche other party): Marsh P.O. Box 8688, Boise, ID 83707 (208)342-6573 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 -' ~ 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 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: 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. 1 After investigation, determine the amount for 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 1987 A312-1984 2 +', 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 ARE AS 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 Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A372 • 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 1987 A312-1984 +- ~ TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ' TRAVELERS CASUALTY AND SURETY COMPANY FARD~IINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Jon M. Riche, Brenda J. Smith, of Boise, Idaho, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said oft-icers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standazd) t . •, ,. ~~. Travelers ~~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium.