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Construction Agreement with Flexground NV for Settlers Park Adventure Island ResurfacingCONTRACT FOR PUBLIC WORKS CONSTRUCTION SETTLERS PARK —ADVENTURE ISLAND RESURFACING PROJECT # 10120.0 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 6th day of October, 2015, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Flexqround NV, LLC, hereinafter referred to as "CONTRACTOR", whose business address is 470 Mirror Ct., Ste. 101 Henderson NV 89011 and whose Public Works Contractor License # is 021851-C4. INTRODUCTION Whereas, the City has a need for services involving Playground Resurfacing; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and Settlers Park — Adventure Island Resurfacing Page 1 of 19 Project No. 10120.0 practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $174,276.62. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method ortime of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may Settlers Park—Adventure Island Resurfacing Page 2 of 19 Project No. 10120.0 terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 25 (twenty-five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 30 (thirty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. Settlers Park—Adventure Island Resurfacing Page 3 of 19 Project No. 10120.0 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the Settlers Park—Adventure Island Resurfacing Page 4 of 19 Project No. 10120.0 term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 * The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. Settlers Park—Adventure Island Resurfacing Page 5 of 19 Project No. 10120.0 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. Settlers Park—Adventure Island Resurfacing Page 6 of 19 Project No. 10120.0 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancit�org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACRD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At anytime during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Settlers Park —Adventure Island Resurfacing Page 7 of 19 Project No. 10120.0 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Settlers Park—Adventure Island Resurfacing Page 8 of 19 Project No. 10120.0 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Settlers Park — Adventure Island Resurfacing Page 9 of 19 Project No. 10120.0 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-489-0417 CONTRACTOR Flexground NV, LLC Attn: Charlie Robertson 470 Mirror Ct., Ste 101 Henderson, NV 89011 Phone: 702-303-8701 Email: crobertson@flexground.com Idaho Public Works License # 021851-C-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BYE; _. TAMMY de WEERD, MAYOR x Dated: I() - 1p - I Approved by Council: E VJ HOLMAN, CITY CLERK FLKEXGROUND NV, LLC BY: Dated: - ,z 9,- / r „G h City of El�iDIAN�--' 10AH0 y r SEAL lhe Tftf'�5�� Settlers Park — Adventure Island Resurfacing Page 10 of 19 Project No. 10120.0 Purchasing Approval BY: ✓°� Keith . aus, Purchasing Manager Dated:: / q11 Project Manager Mike Barton Settlers Park—Adventure Island Resurfacing Project No. 10120.0 Parks D;(partment Approval f BY:, Steve Sid ovu y, Parks, Department Director Dated:: Page 11 of 19 EXHIBIT SCOPE OF WORK REFER TO INVITATION TO BID PKS-15-10120.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-15-10120.C, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by City of Meridian Staff (6 pages) Settlers Park—Adventure Island Resurfacing Page 12 of 19 Project No. 10120.0 SPECIFICATIONS PART I - GENERAL 1.1 WORK INCLUDED 1.1.1 This work includes removing and disposing of existing worn poured in place surface. Furnishing and installing of poured -in-place rubber surfacing for playgrounds. The surfacing Manufacture/installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface. 1.1.2 The wear layer and impact layer combined shall be 3.5" thick under the swing area and 3" thick under the playground area. Contractor to verify existing conditions and depths to achieve specified fall attenuation prior to bidding. 1,2 SUBMITTALS 1.2.1 The playground protective surfacing shall be poured -in-place and troweled to provide for a resilient, seamless rubber surface installed over the specified rigid base. The playground protective surfacing shall be comprised of an SBR base mat and EPDM or TPV colored cap, with both layers being mixed with a non-flammable, non -shrinking, one part moisture cured polyurethane adhesive as recommended by the manufacturer and capable of bonding to concrete, asphalt or compacted stone. The protective playground surfacing shall be stable and slip resistant to complywith, meet or exceed all requirements set forth in the Americans with Disabilities Act (ADA) and the American Standard Testing Methods (ASTM and Consumer Products Safety Commission (CPSC) for manufactured Safety Surface as detailed below. 1,3 QUALITYASSURANCE 1.3.1 Product to meet all test results required by product manufacturer as follows: 1.3.1.1 Impact Attenuation — ASTM F 1292: Surfacing within playground equipment use zones shall meet or exceed the performance requirements of CPSC, ASTM F 1292 and/or CSA Z614-98 that a surface yield both a peak deceleration of no more than 200 g's and a Head Injury Criteria (HIC) value of no more than 1,000 for a head -first fall from the highest accessible portion of play equipment being installed as shown on drawings. Manufactured Safety Surface: For surfaces manufactured for the purpose of playground safety surface, the impact attenuation performance shall be documented by a certificate of compliance provided by third party at Owners or contractor's expense. 1.3.1.2 Coefficient of Friction —ASTM D2047: All products must meet minimum standard on coefficient of friction of 0.7 — wet, 0.9 —dry. 1.3.1.3 Surface Frictional Properties and Skid Resistance — ASTM E303: All products shall meet or exceed 90 BPN when tested Dry and 64 BPN when tested Wet. 1.3.1.4 Permeability: Product shall meet or exceed a coefficient of permeability of seven (7) feet per minute. Note: From a geotechnical standpoint, the permeability of a material is a measure of the velocity at which water will flow through the void spaces or pores under a given hydraulic gradient. The product shall handle a minimum of 8" of rainfall per hour. 1.3.1.5 Flammability of Finished Floor Cover — ASTM D2859: Product shall pass flammability. 1.3.1.6 Accessibility of Surface Systems — ASTM F1951: All playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act. 1.3.1.7 Tear Strength — ASTM D624 -00e1 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic; Tear Resistance must be equal to or greater than 12 Settlers Park — Adventure Island Resurfacing Page 13 of 19 Project No. 10120.0 pounds per inch. 1.3.1.8 Tensile Strength — ASTM D412-02 Standard Test Method for Tear Strength of Conventional Vulcanized Rubber Elastomer and Thermoplastic Elastomer: Tear Resistance must be equal to or greater than 25 Psi. 1.3.1.9 IPEMA Certification Required: "In the Interest of playground safety, the International Play Equipment Manufacturers Association (IPEMA) provides a Third Party Certifications Service whereby a designated independent laboratory, TUV SUD America Inc., (TUV), validates a surfacing manufacturer's certification of conformance to ASTM F1292, Standard Specification for Impact Attenuation Under and Around Playground Equipment, and for engineered wood fiber manufacturer its certification of conformance, also to ASTM F2075, Standard Specifications for Engineered Wood Fiber for use as a Playground Safety Surface Under and Around Playground Equipment, and Section 4.4, for testing Sieve Analysis and Section 4.6, for testing the presence of Tramp Metal. A list of current validated products, their thickness and critical height may be viewed at www.ipema.org. 1.3.2 Installer Qualifications: All materials under this section shall be installed be the Manufacture or its Certified Installers. The playground surfacing installation shall not be performed by anyone other than the product Manufacturer or its Certifies Installers. 1.3.3 Contractor Pre -Qualifications 2.2.1.1 A list of surfacing projects completed with a similar product. List shall include names of project representatives and respective telephone numbers. At least five (5) of these projects must be at least three (3) years old. This list shall also contain projects which require the same level of difficulty, size of project, type of project, e.g. color transitions and special graphics. 2.2.1.2 All bidders must also submit Material Safety Data sheets (MSDS) and Product Data Sheets on all materials. 2.2.1.3 Insurance Requirements —All bidders must carry minimum insurance requirements set by Owner. 1.4 SUBMITTALS 1.4.1 One original hard copy of the submittal package will be supplied with additional copies on individual CD's. Upon request only hard copies shall be supplied. 1.4.2 Manufacturer's descriptive date and installation instructions. 1.4.3 Manufacturer's details showing depth of wear surface and sub -base materials, anchoring system and edge details. 1.4.4 A list of all materials and components to be installed, including Manufacturer's name, storage requirements, and precautions, and shall state chemical composition and test results to which material has been subjected in compliance with these specifications. 1.4.5 Test results to substantiate that the product meets or exceeds all ASTM and ADA requirements for each standard listed in Section 1.3 Quality Assurance. Test must be performed and certified by an independent laboratory. 1.4.6 Copy of IPEMA Certification. 1.4.7 Documentation of Contractor Pre -Qualification as states in Section 1.3 Quality Assurance. 1.4.8 Documentation of Insurance Requirements as stated in Section 1.3 Quality Assurance. 1.4.9 Statement signed by the Manufacturer of the synthetic safety surfacing attesting that all material under this section shall be installed by the Manufacturer or its Certified Installers. 1.4.10 A list of installation where products similar to those proposed for use have been installed and have been in successful service for a minimum period of three (3) years. This list shall include Owner or Settlers Park —Adventure Island Resurfacing Page 14 of 19 Project No. 10120.0 purchaser, address of installation, date of installation, contact person, and phone number. 1.4.11 Upon request, a sample specimen of safety surface proposed for this project. 1.4.12 Upon request, a list of all organization and affiliations of the company offering the product(s). 1,5 DEL/VERY, STORAGE, AND HANDL/NG 1.5.1 Materials and equipment shall be delivered and/or stored in accordance with the Manufacturer's recommendations. 1,6 PROJECT SITE CONDITIONS 1.6.1 Synthetic safety surfacing shall be installed on a dry subsurface, with no prospect of rain within the initial drying period, at temperatures recommended by the Manufacturer. 1.6.2 Installation in weather conditions of extreme heat, temperatures less than 40 degrees (F), and/or high humidity may impact curing time, and/or the structural integrity of the final product. Immediate surroundings of the site shall be reasonablyfree of dust conditions and poor particulate air qualitywill impact the final surface look. 1.6.3 The Manufacturer's installation manager shall reserve the right to control the project schedule installation based on such factors without penalty to playground protective surfacing manufacturer. 1.6.4 Safety surfacing shall be installed around the existing playground equipment. 1,7 WARRANTY 1.7.1 Surfacing shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a period of no less than five (5) years or as specified and agreed upon per contract. PART 2 - PRODUCTS Z, I MANUFACTURERS 2.1.1. Basis -of Design Manufactures: Subject to compliance with requirements, provide products of No Fault Safety Surface as manufactured and sold by No Fault Sport Group, LLC. or comparable products by one of the following: 2.1.1.1 Flexground Playground Safety Surfacing 2.1.1.2 Surface America 2.1.1.3 USSA Polystar 2.1.2 All safety surfaces shall consist of synthetic poured -in-place safety surfacing meeting the requirements of this specification and comprised of SBR, EPDM or TPV, and polyurethane binder. 2,2 MATER/ALS Settlers Park — Adventure Island Resurfacing Page 15 of 19 Project No. 10120.0 2.2.1 Polyurethane Binder 2.2.1.1 Binder for safety surfacing shall be specifically designed for use with rubber granule material for outdoor installations. 2.2.1.2 Binder is a single component polyurethane pre -polymer formulated using a poly foam of Diphenymethane 4, 4' Diisocyanate (MDI), Amber Viscosity — 4500cps, NCO content — 9.0, Density — 20dc68, PCF Flash Point - >390dF, Elongation — 550%, Tensile — 3900 Ib/sq. in. 2.2.1.3 No toulene diphenel isocyanate (TDI) shall be used. 2.2.1.4 No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. 2.2.1.5 Weight of polyurethane shall be no less than 8.5 lbs/gal (1.02 Kg/1) and no more than 9.5 lbs/gal (1.14 Kg/1). 2.2.1.6 Color tinted binder will not be allowed. 2.2.2 SBR (Impact Layer) 2.2.2.1 Only 100% shredded styrene butadiene rubber may be used. 2.2.2.2 Stands of SBR may vary from 0.5 mm -2.0 mm in thickness by 3.0 mm —20 mm in length. 2.2.3 EPDM (Wear Surface) 2.2.3.1 EPDM particles shall meet requirements of ASTM D 412 and CSA Z614-98 for tensile strength and elongation; and ASTM D 2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. 2.2.3.2 EPDM shall be peroxide cured with an EPDM content of 26 percent and shall include a processing aid to prevent hardness with 26 percent poly content to maintain dynamic testing characteristics, weatherization and UV stability. 2.2.3.3 Size of rubber particles shall be not less than 1.00 mm, or greater than 3.0 mm across with a minimum EPDM content of 25 percent byweight and certified letter from Manufacturer stating this content. All rubber shall remain consistent in gradation and size. 2.2.3.4 Strand, shaved, chipped or shredded rubber is not acceptable in the poured cap. 2.2.4 TPV (Wear Surface) 2.2.4.1 TPV material shall be angular granules with a Shore A Hardness of 65A +-, a tensile strength equal to or greater than 3.0 Mpa, and an elongation at break greater than 400%. 2.2.4.2 Size of TPV particles shall be not less than 1.00 mm, or greater than 4.0 mm across. 2.2.4.3 Strand, shaved, chipped or shredded material of any type is not acceptable. 2,3 PRODUCT SUBSTITUTIONS AND APPROVED EQUALS 2.3.1 All product substitutions must be submitted for preapproval at least fourteen (14) days prior to bid opening date. A complete submittal package, as outlined in Section 1.4 Submittals must be provided before a substitute product will be considered for preapproval. If the product submitted cannot meet all requirements of the su bm ittal, package, it will not be considered. 2.3.2 Once all products submitted for substitution have been reviewed, a list of the approved substitutes will be circulated and made available to bidders. ' PART 3 — EXECUTION 3.1 SUB -BASE REQUIREMENTS " i' 3.1.1 Owner or Owner's representative shall provide 84 -surface in accordance with Manufacturer's recommendations for the project location and application. 3.1.2 The base shall be existing concrete, asphalt, or compacted stone installed in accordance with Manufacturer's written specifications. Settlers Park—Adventure Island Resurfacing Page 16 of 19 Project No. 10120.0 3.1.3 The base shall have the specific minimum slope (2%) and shall vary no more than 1/8" when measured in any direction with a 10' foot straight edge. Verify that sub -surfacing drainage, if required, has been installed to provide positive drainage. 3.1.4 Tolerance of concrete or bituminous subsurface shall be within 1/8 inch (3.0 mm) in 10 feet (3050 mm). Tolerance of aggregate subsurface shall be within 3/8 inch (10mm) in 10 fee (3050 mm). Verify that aggregate subsurface has been fully compacted in 2" lifts to 95 percent or greater. 3.1.5 Asphalt base shall be allowed to cure a minimum of fourteen (14) days and new concrete shall be allowed to cure a minimum of seven (7) days prior to commencement of surfacing. 3.1.6 All sub -bases shall be approved by Owner or Owner's representative prior to installation of the safety surface. 3.1.7 Alternate sub -base materials must have prior approval from Manufacturer. 3.2 PREPARATION 3.2.1 Scheduling- Playground Safety Surfacing shall be installed after other sub -contractors are complete; the area is free from pedestrian traffic, and under the conditions as outlined in Section 1.6 Project Site Conditions. 3.2.2 Cleaning —After the existing poured in place surface is removed per 1.1 the contractor shall ensure the entire subsurface is clean, dry and free from any foreign and loose material. The contractor is required to remedy as needed. 3,3 INSTALLATION 3.3.1 SBR Cushion Layer 3.3.1.1 Polyurethane binder and SBR will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with Manufacturer's recommendations. 3.3.1.2 Binder shall be not less than 18 percent (18%), nor more than 22 percent (22%), of the total weight of rubber, and shall provide 100 percent coating of the particles. 3.3.1.3 The SBR and binder mixture will then be poured -in-place by means of screeding, and hand troweled to maintain a seamless application. 3.3.1.4 Installation method shall use a measured screed rod 1/16" thicker than the required depth. 3.3.1.5 Whenever practical, SBR cushion layer shall be installed in on continuous pour on the same day. When a second pour is required, fully coat the edge of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so the new SBR mixture can be placed before the adhesive dries. 3.3.1.6 Total depth of the safety surface system throughout the playground equipment use zone shall be as required to meet that application critical fall height requirements or as specified by Owner or Architect. 3.3.1.7 Edges- Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. When connecting to a concrete curb or border the hardened edge shall be primed with adhesive. 3.3.1.8 The SBR cushion layer surface shall be porous. 3.3.2 EPDM or TPV Wear Course Layer 3.3.2.1 Polyurethane binder and EPDM or TPV will be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufacturer's recommendations. 3.3.2.2 The binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. 3.3.2.3 The EPDM or TPV and binder mixture will then be poured -in-place by means of screeding, and Settlers Park — Adventure Island Resurfacing Page 17 of 19 Project No. 10120.0 hand troweled to maintain a seamless application. 3.3.2.4 Installation method shall use a measure screed rod 1/16" thicker than the required depth. 3.3.2.5 The cap will have a minimum weight of 2.2 pounds per square foot 3.3.2.6 Thickness of wear surface shall be a minimum 3/8 inch. 3.3.2.7 The wear layer shall be porous. 3.3.2.8 If graphic design and color transitions are used, they shall be full wear course depth. Color(s) to be determined by Architect. 3.3.2.9 Edges -Surface edges shall be flush with edge of adjacent area or tapered to provide safe transition. 3.3.2.10 Large Area- All areas in excess of 2,000 sq. ft or that requires adjacent color pours will have a cold joint or seam due to the nature of the installation process. Although seldom visible, large areas or adjacent colors require that the playground protective surfacing material to be installed on separate days. 3.3.2.11 Color: The wear course shall be a blend of no fewer than three Standard Colors chosen by the Architect or Owner during the submittal process. The specific pattern will be chosen by Owner upon contract award. 3,4 PROTECT/ON 3.4.1 The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the contractor from all traffic during curing period of 48 to 72 hours after surface installation is complete, or as instructed by the Manufacturer. 3.4.2 Surface installation crew shall be responsible for the protection of the playground protective surfacing during the installation process. Contractor shall supply a 6' chain link construction fence around the perimeter of the project. 3.5 CLEAN UP 3.5.1 Manufacturer's installer shall not leave adhesive on adjacent surface or play equipment. Spills of excess adhesive shall be promptly cleaned. 3.5.2 Manufacturer's installers shall properly dispose of all materials and packing waste before leaving the job site. 3.5.3 Owner shall be responsible for supplying a dumpster at job site .for all waste associated with installation of the safety surface. END OF SECT/ON Settlers Park—Adventure Island Resurfacing Page 18 of 19 Project No. 10120.0 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed 174,276.62. Milestone 1 1 Substantial Completion 125 Days from Notice to Proceed Milestone 2 1 Final Completion 130 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SETTLERS PARK —ADVENTURE ISLAND RESURFACING per IFB PKS-15-10120.C. CONTRACT TOTAL ....................... $174276.62 CONTRACT IS A NOT TO EXCEED AMOUNT. SETTLERS PARK —ADVENTURE ISLAND RESURFACING page 19 of 19 Project 10120.0 B-9118829 THE CINCINNATI INSURANCE COMPANY Performance Bond CONTRACTOR (Name, legal status and address): FlexGround Nevada, LLC 470 Mirror Ct, Suite 101 Henderson, NV 89011 OWNER (Name, legal status and address): CITY OF MERIDIAN 33 E BROADWAY AVE MERIDIAN, ID 83642 CONSTRUCTION CONTRACT Date: October 06, 2015 Amount: $174,276.62 Description (Name and location): Settler's Park - Adventure Island SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GILMORE ROAD FAIRFIELD, OHIO 45014-5141 Date (Not earlier than Construction Contract Date): October -06,2015 Amount: $174,276.62 This document has Important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 comb hes two separate bonds, a Performance Bond and a Payment Bond, info one form. This Is not a single combined Performance and Payment Bond. Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company:Corporate Seal) FlexGround Nevada, LLC THE CINCINNA—T) )INSURANCE COMPANY. Signature: Signature: r Name and Title: Name and Title: Christina M Tighe, Attorney -in -Fact (Any additional signatures appear on the last page of this Performance Band.) (FOR INFORMATION ONLY - Nan e, taddrem anti telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer GBP Risk Solutions or other party): 4544 E Camp Lowell Dr Ste 110 Tucson, AZ 85712 The Company execuling this bond vouchesthatihis document conforms to American Institute of Architects Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 1 hk 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qual ifed contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, b be secured with performance and paynrntbonds executed by a qualfied suretyequivalentto the bonds issted on he Construction Contract,and pay to the Owner the amountof damages asdescribed in Section7 in excess ofthe Balance of the ContractPrice incurred by the Owneras aresult ofthe ContractorDefault on 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon ac practicable after the amount is determined, make payment to the Owner; or Denny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. The Company executing this bond vouches that this document eonfixms to American Institute ofArchiteets Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 2 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8 I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any cbange, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of 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. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page an which the signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom. and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fiunished, the intent is that this Bond shdl be construed as a statubny bond and notes a common hw bond 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as regtrired under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Clompcny ixearting this band vouches that this document conforms to American institute ofArdiiteots Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 3 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) FlexGround Nevada, LLC Signature: Name and Title: Address: SURETY Company: (Corporate Seal) Signature: Name and Title: Address: The Company executing this bond vouchesthot this document conforms to American institute of Architects Document A312, 2010 Edition. S -2100 -AIA -A312 (11110) PERFORMANCE BOND Page 4 B-9118829 TI3E CINCINNATI INSURANCE COMPANY Payment Bond CONTRACTOR (Name, legal status and address): FlexGround Nevada, LLC 470 Mirror Ct, Suite 101 Henderson, NV 89011 OWNER (Name, legal status and address): CITY OF MERIDIAN 33 E BROADWAY AVE MERIDIAN, ID 83642 CONSTRUCTION CONTRACT Date: October 06, 2015 Amount: $174,276,62 Description (Name and location): Settler's Park - Adventure Island SURETY (Name, legal status and principal place of business): THE CINCINNATI INSURANCE COMPANY 6200 S. GHWORE ROAD FAMFIELD, OHIO 45014-5141 This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Info one form. This is not a single combined Performance and Payment Bond. Date (Not earlier than Construction Contract Date): October 06, 2015 Amount: $174,276.62 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Corporate Seal) FlexGround Nevada, LLC THE CINCP1110IPSURANCE COMPANY f Signature: 61 Signature: MA It �40 Name and Title: Name and Title: Christina M Tighe, Attorney-in-Fracl (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY - Ntmte, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer GBP Risk Solutions or other party): 4544 E Camp Lowell Dr Ste 110 Tucson, AZ 85712 520-571-7737 The Company executing this bond vouches thit this document conforms to American Institute of Ardiitects Documerd MR 2010 Edition. S2150 -AIA -A312 (11110) PAYMENT BOND Page 5 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, subject to the following terms. 2 If the Contractor promptly makes payment of all shims due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owmr Default under the Constructor Contract, the Surety's obigation to the Owner under his Bond shall arise after the Ownerhaspromptly notified The Contractor and the Suety (at the adders described in Section 13)of claims, demands, liens or suits against he Owner or the Owners property by anypeason or entity seeking payrnontfor labor,mateuals or equipmentf miishedforuse in the perbrmance ofthe Constniction CContact and tendecd defenseof such claims, demands, flees or suit; to the Contractorand the Surey. 4 When the Ownerhas satisfied he conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and holdhambless the Owner againsta duly tendered claim, demand, lien orsuit. 5 The Surety'sobligations b a Claimant under this Bond shall arise after the fallowing: 5.1 Claimants,who do not have a dirctcontractwith the Contractor, .1 have furnished a written notice ofnon payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last f u-nishedmaterials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Chimants,who are employyed by orhave a direct contractwith the Contractor,have senta Clain to the Surely (at the address described u Section 13). 6 I a notice ofnon-paymentrequired by Secthn 5.1.1 is gven by ire Owner to the Contacbar, that is sufficient to satisfy a Claimant's obligation In famish a written notice ofnon-payment underSection 5.1.1. 7 When a Chimanthas satsfied the conditons ofSections 5.1 or5.2, whichever is applicable, ire Surety shallpronpdy and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy b the Owner, within sixty (60) days after receiptof the Claim., stating he amounts that are undisputed and the basis forhallenging anyamounts thatare disputed; and 7.21)ayor anangeforpaymentofany undispued amounts. 7.3 The Surety'sfailure b discharge ks obigations under Secton7.1 orSection 7.2 shall not be deemed toconsthate a waiver of defenses the Suety orContractormay have oracquue as to aClaim, exceptas to undisputed amounts forwhich the Surety and Claimant have reached a Bement If, however, the Surety fiils b discharge its oblgations under Section 7.1 orSection 7.2,theSureyshallindemni theChimantforthe easonableattorneys feesthe Chimantincurs thereaftertorecover any sums found b be dueand owing b the Claimant 8 The Surety's btalobligation shallnot exceed The amount ofthis Bond, plus the amoint ofreasonable atomey's fees provided under Secton 7.3, and the amount ofthis Bond shallbe credited fir any payrrents macbin goodfaith by the Suety. 9 Amounts owed by the Owner to the Contactor under he Constructnn Contractshall be used for the pe&rmance ofthe Construction Contract and b satisfy clais, if any,underany constructionperformance bond. By the Contractorfurnishing and the Owner accepting thisBond, they agree thataiI funds earned by he Contractor in the perbrmance ofthe Construction Contractate dedicated to satkfy obligations ofthe Contractorand Suety under this Bond, subject tp the Owner's priorly to use the funds for the completion of the work. The Company executing this bond vouches that this document conforms to Americu n institute of Architects DocumentA312, 2010 Edition. S -2150 -AIA -A312 (11110) PAYMENT BOND Page 6 10 The Suretyshallnot be Table b the Owner, Claimants orothers fir obligations of the Contractorthatare unrelat;d to the Construction Contract.The Owner shall notbe liable forpaymentofany costs orexpenses ofanyClaimantunderthisBond, and shallhave under this Bond no obligatfins to make paynrnts b, or give notice on behal8f, Claimants orotherwsehave any oblgations to Claimants und:r this Bond. 11 The Suretyhereby waivesnotice ofany chanr,, including charges oftime, to the Construction Contractor tD related subcontracts, purchase orders and othem ligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) 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. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Dertaitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for wham the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fiunish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this 136nd 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 in the Construction Contract, architectural and en ineenng 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 16.3 Construction Contract. The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. The Company executing this bond vouches that this document confomr, to American Institute of Architects UocumentA31A 2010 Editions S -2150 -AIA -A312 (11110) PAYMENT BOND Page 7 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bona are as follows (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seat) Company: (Corporate Seal) FlexGround Nevada, LLC Signature: Name and Title: Address: Signature: Name and Title: Address: The Compmy exearting this bond vouches thotthis document confamis to American rnstitute of Architects Document A317,2010 Edition. S -2150 -AIA -A312 (11110) PAYMENT BOND Page 8 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Thomas Reid Scrivner, Sharon A Escandon, Richard Todd Gregson, Lawrence J Beach, Christina M Tighe, of Tucson, AZ its true and lawful Attorneys) -in -Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Two Million Dollars and 00/100 ($2,000,000.00) This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6" day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 71 day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company," IN WiTNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10" day of May, 2012. oft"sTHE CINCINNATI INSURANCE COMPANY C= STATE OF OHiO ) ss: Vice President COUNTY OF BUTLER } On this 104, day of May, 2012, before me carne the above-named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction -of said corporation. p MARK J. H R Attorney at Law �� NOTARY PUBLIC - STATE OF OHIO p�G f OFb date. expiration Section 147.03 O.R C I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a trite and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 6th day of October 2015. �ooa`roa1E� a SE�AL,'i! onto BN -1005 (5/12) i ��;; # . leat /�? aa, Assistant Secretary ACORO® CERTIFICATE F LIABILITY INSURANCE 2/201IDDIYYYY) 9/222/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poilcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Iieu of such endorsement(s). PRODUCER GBP Risk Solutions www.GBPrs.com 3303 E Baseline Rd, Ste 101 CONTACT NAME: Teresa Martin PHONE FAX 1811 AIC No.MAIL ADOREss: - INSURERS AFFORDING COVERAGE NAIC N Gilbert AZ 85234 INSURER A:Evanston Ins. Co. 3006282 INSURED 13613 INSURER B:PeerIeSS Indemnity Insurance^ _ _ INSURER C!Great American E&S Ins Cc FlexGround Nevada LLC 470 Mirror Court, Suite 101 Henderson nv 89011 INSURaRD.-Technoloay Insurance Go. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: R20AR4R84 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE ADDL iN R SUER WVD POLICY NUMBER POLICY EFF MMI POLICY EXP MM/DO/YYYY LIMITS A GENERAL LIABILITY Y 3006282 2/10/2015 2/10/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED P E SES Ea occurrence) $100,000 _ MED EXP (Any oneperson) $Excluded CLAIMS -MADE OCCUR PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $2000000 %( POLICY PRO-JECT LOC $ B AUTOMOBILE LIABILITY BAS 56577135 311/2015 3!112016 COMBINED SINGLE LIMIT Ea accident$1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULEDAUTOUTOS BODILY INJURY (Per accident) 5 PROPERTY DAMAGE $ Per accident HlREDSAUTOS NON -OWNED AUTOS $ C X UMBRELLA LIAB X OCCUR XS3843398 8111/2015 2/1012016 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTIONS $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANFICEWMEMBEREACLUDED�ECUTIVE❑ NIA Y TWC3492329 812812015 8/28/2016 X WC STATU- OTH- FR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE S1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT 10,000,000 B Leased/Rented Eqt IM8997224 8/2812015 8/28/2016 Limit 10,000 Deductible 2,500 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) Certificate holder is additional insured as their interest may appear with respect to general liability, per the attached CG2033 4/13 and CG2037 4/13, and auto liability per the attached 16-94 05/07, when required by written contract. This coverage is primary and others is non-contributory when required by written contract per the attached CG2001 4/13. Waiver of subrogation applies with respect to general labiality per form MEGL 0241-014/11 and work comp per form WC000313 4/84, when required by written contract. Excess liability is following form. GhKIII-IGAIt MULUtK GANGtLLA11UN City of Meridian Purchasing Dept 33 E Broadway, Ste 106 Meridian ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1986-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD A A AV WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract 250.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 8/28/2015 Policy No. TWC3492329 Endorsement No. WC000313 Insured FlexGround Nevada, LLC Premium $ 5979 Insurance Company Technology Insurance Company Countersigned by ©1983 National Council on Compensation Insurance. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO GOLD ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II — LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or "employee" of yours while using a covered "auto' you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or "employee". g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of covered "auto' by an insured, if. (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract', or a written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. 2. COVERAGE EXTENSIONS a.. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. 16-94 (05/07) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2001 & 2002 (3) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. SECTION III —PHYSICAL DAMAGE COVERAGES A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto' you lease, hire, rent or borrow from someone other than your "employees" or partners or members of their households is a covered "auto' for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000. (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind or quality. If you are liable for the "accident", we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto'. c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto' for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto' you hire without a driver and excess over any other collectible insurance for any covered "auto' that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto' because of "loss" to a covered "auto'. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto'. If "loss" results from the total theft of a covered "auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Customized Furnishings Coverages We will pay with respect to a covered "auto' for "loss" to custom furnishings including but not limited to: a. Special carpeting and insulation; b. Height -extending roofs; c. Custom murals, paintings or other decals or graphics. Our limit of liability for "loss" to custom furnishings shall be the least of: 16-94 (05/07) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2001 & 2002 a. Actual cash value of the stolen or damaged property as of the time of the "loss"; or b. The amount necessary to repair or replace the property; or c. $500. This coverage does not apply to electronic equipment. 8. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured -Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of "loss" less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments; additional mileage charges, excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag, Paragraph 4 is replaced with the following: 4. We will not pay for "loss" for any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "autos" electrical system, in or upon the covered "auto'; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. C. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties in The Event of Accident, Claim, Suit or Loss 16-94 (05/07) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2001 & 2002 a, You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members or legal representatives is aware of the accident, claim , "suit" or loss. Knowledge of an "accident", claim, "suit" or "loss" by other "employee(s)" does not imply that you also have such knowledge. b. To the extent possible, notice to us should include: (1)How, when and where the "accident" or "loss" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "accident" or "loss". The following is added to paragraph 5. We waive any right of recovery we may have against any additional insured under Coverage A.1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or used of a covered "auto" pursuant to the provisions of the "insured contract", written agreement or permit. B. GENERAL CONDITIONS 7. paragraph e, is replaced in its entirety by the following: e. All parts of the world for an "auto" you hire for less than 30 consecutive days, if the insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in 7,a. — 7.d. 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 1b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 16-94 (05/07) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 2001 & 2002 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional Insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2.. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising Injury', involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or Ib. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, Page 2 of 2 © Insurance Services Office, Inc., 2012 CO 20 33 0413 POLICY NUMBER: 3CO6282 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization to whom you are obligated by valid written contract to provide such coverage. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section ill — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © ISO Properties, Inc., 2013 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3CO6282 MARM EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $ Included Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees to waive rights of recovery in a written contract. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above as respects written contracts that exist between you and such person or entity, provided you have agreed in writing to furnish this waiver. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain unchanged. MEGL 0241-0104 11 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 0104 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 eTRAKiT Page 1 of 1 Homo I Setup an Account I Lop In ConUaclor(v Username Password LOGIN L REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search 9 Search Again Download Results Printable View Firs[ ,Prey, Page:1 or 1 Next Last Details - License Number: 021851 Llc Into Registration #: 021851 Issue: 6/24/2015 Expire: 8/30/2016 Type: PUBLIC WORKS Sub -Type; C Status: ACTIVE Company: FlexGround Nevada LLC Phone: (702)823-2343 Cali: (702) 303.8701 Pager. Fax: (888) 6185661 Owner Name: The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warientes, expressed or implied, are provided for the data herein, Its use, or its Interpretation, Utilization of this website lnd',cates understanding and acceptance of this statement 1.900.955-3044, 1090 E Waledower 61, Siete 150 Meriden ID 83642 HOME I CONTACT httnc•//WPh dhc idnhn nnv/etrAit1/C nctnm/Trinhn ArthIiieWnr1ce4anrchRcltc agnx 9/29/9,015 IDSOS Viewing Business Entity Page 1 of 1 s IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary a [ Get a certificate of existence for FLEXGROUND NEVADA LLC ] [ Monitor FLEXGROUND NEVADA LLC business filings FLEXGROUND NEVADA LL 470 MIRROR COURT STE 101 HENDERSON, NV 89011 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING State of Origin: NEVADA Date of 17 Nov 2014 Origination/Authorization: Current Registered Agent: INCORP SERVICES, INC. 1524 S VISTA AVE STE 12 BOISE, ID 83705 File Number: W144361 Date of Last Annual Report: Annual Report Due: Nov 2015 1010-InTIJEffff TIM [ He.�l Me Print View TIFF ] Filed 17 Nov 2014 CERTIFICATE View Image(PDF formas) OF AUTHORITY View Image (TIFF formatj Idaho Secretary of State's Main Page State of Idaho Hgme Pagg Comments, questions or suggestions can be emailed to: sosfnfo(@sos.idaho.gay http://www.accessidaho.org/public/sos/corp/Wl44361.html 9/29/2015