Independent Contractor Agreement with Guho Corp for Generations PlazaEJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the 17th day of March in the
year 19 99 by and between City of Meridian, Ada County, Idaho (hereinafter called
OWNER) and Guho Corporation
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the contract
Documents. The WORK is generally described as follows:
construction of concrete and masonry column, concrete flat work, concrete planters ,
landscape, fountain equipment and pavers. Associated plumbing, electrical and
architectural finish work is also included.
The Project for which the Work under the Contract Documents is described as follows:
GENERATIONS PLAZA.
Article 2. LANDSCAPE ARCHITECT
The Project has been designed by various consultants under the direction of The Land
Group.
who is hereinafter called LANDSCAPE ARCHITECT and who is to act as OWNER's
representative, assume all duties and responsibilities and have the rights and authority
assigned to LANDSCAPE ARCHITECT in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. The Work will be completed within seventy five (75) days from the date when
the Contract Time commences to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement. OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay
OWNER Two Hundred Fifty dollars ($250) for each day that expires after the time
specified in paragraph 3.1 for Substantial Completion until the Work is substantially
complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or
19
fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by OWNER, the OWNER may withhold moneys from the
contract and complete remaining work as required.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents in current funds as follows:
One Hundred Twenty Three Thousand Seven Hundred and Nine Dollars.
Dollars ( $123,709.00 )
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by LANDSCAPE
ARCHITECT as provided in the General Conditions.
5.1. Progress Payments. OWNER shall make progress payments on account of
the Contract Price on the basis of CONTRACTOR's Applications for Payment as
recommended by LANDSCAPE ARCHITECT, on or about the 25th day of each
month during construction as provided below. All progress payments will be on the
basis of the progress of the work measured by the schedule of values established in
paragraph 4.1 and in the case of Base bid work, based on the percentage of work
completed.
5.1.1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such amounts as
LANDSCAPE ARCHITECT, shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions.
• Less percentage of retainage indicated in the Supplemental
Conditions.
100 % of materials and equipment (less 5% retainage) not
incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as
provided in paragraph 14.2 of the General Conditions).
5.1.2. Upon Substantial Completion, in an amount sufficient to increase total
payments to CONTRACTOR to 100% of the Contract Price, less such
amounts as LANDSCAPE ARCHITECT shall determine, or OWNER may
withhold, in accordance with paragraph 14.7 of the General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in
accordance with paragraph 14.13 of the General Conditions, OWNER
shall pay the remainder of the Contract Price as recommended by
LANDSCAPE ARCHITECT as provided in said paragraph 14.13.
P
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate allowed by law at the place of Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost, progress, performance or furnishing of the Work.
7.2. CONTRACTOR has studied carefully all drawings of physical conditions which
are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the
General Conditions, and accepts the determination set forth in Article 4 of the
Supplemental Conditions of the extent of the technical data contained in such
drawings upon which CONTRACTOR is entitled to reply.
7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for obtaining and carefully studying) all such examinations, investigations,
explorations, tests, reports and studies (in addition to or to supplement those
referred to in paragraph 7.2 above) which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise may affect the cost, progress,
performance or furnishing of the Work at the Contract Price, within the Contract
Time and in accordance with the other terms and conditions of the Contract Price,
within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents, including specifically the provisions of paragraph 4.2 of the
General Conditions; and no additional examinations, investigations, explorations,
tests, reports, studies, or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.4. CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground Facilities
at or contiguous to the site and assumes responsibility for the accurate location of
said Underground Facilities. No additional examinations, investigations,
explorations, tests, reports, studies, or similar information or data in respect of said
Underground Facilities are or will be required by CONTRACTOR in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.3 of the General Conditions.
7.5. CONTRACTOR has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and studies with the terms
and conditions of the Contract Documents.
7.6. CONTRACTOR has given LANDSCAPE ARCHITECT written notice of all
conflicts, errors or discrepancies that he has discovered in the Contract Documents
and the written resolution thereof by LANDSCAPE ARCHITECT is acceptable to
CONTRACTOR.
21
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement.
8.2 Exhibits to this Agreement.
8.3 Performance and other Bonds.
8.4 Notice of Award.
8.5 Acceptance of Notice of Award
8.6 General Conditions.
8.7 State of Idaho Tax Reporting Requirements
8.8 Supplemental General Conditions.
8.9 Technical Specifications.
8.10 Drawings.
8.11 Appendix.
8.12 Invitation To Bid.
8.13 Information for Bidders.
8.14 Addenda.
8.15 CONTRACTOR's Bid.
8.16 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.17 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents
pursuant to Articles 11 and 12 of the General Conditions.
8.18 The documents listed in paragraph 8.2. above are attached to this
Agreement (except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
Articles 11 and 12 of the General Conditions.
22
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interest in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect of all covenants and obligations
contained in the Contract Documents.
Article 10. OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and
LANDSCAPE ARCHITECT. All portions of the Contract Documents have been signed or
identified by OWNER and CONTRACTOR or by LANDSCAPE ARCHITECT on their behalf.
The Agreement will be effective on In a, c/- / 7"/ 19 9�
Owner ITY OF MERIDIAN Contractor G U H 0 C 0 R P.
By: r By:
Name: Robert D. Corrie, Mayor Name: M A R K N. G U H o
Approved by City Council: 179
[CORPORATE SEAL]..
`'o of M:- , PORATE SEAL]
to � Attest,a
? Wi m'G. Berg, Jr. it Clerk
Eflgp&s fo givrDg notices Address for giving notices
,y 391 W. STATE STREET, SUITE G
,y Idaho Ave.
I'lj �� , -$11 EAGLE, IDAHO 83616
00 - idian, ID 83642
Public Works License No. 12569 -AAA -1-3
* (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than
President signing)
23
CITY OF MERIDIAN
GENERATIONS PLAZA
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the NOTICE OF AWARD is hereby acknowledged by
Mark Guho Guho Corporation , this 4"' day of March , 19 99
GUHO CORP.
CONTRACTOR
BY:
— � " 4,
NAME: MARK N. GUHO
TITLE: PRESIDENT
(SEAL if by a corporation)
25
CITY OF MERIDIAN
GENERATIONS PLAZA
NOTICE TO PROCEED
TO: Guho Corporation DATE: 3.17.99
CONTRACTOR
391 W. State — Suite G — Eagle Idaho 83616
ADDRESS
PROJECT: Generations Plaza
DESCRIPTION: Construction of concrete and masonry column, concrete flat
work, concrete planters, landscape, fountain equipment and pavers. Associated
plumbing, electrical and architectural finish work is also included.
You are hereby notified that the Contract Time for the construction of the
above project will commence to run on the 17th day of March
1999 . On that date, you are to start performing the Work and your other
obligations under the Contract Documents. The date of Final Completion is
May 31 19 99 .
OWNER:
CITYzo"'�Ac RIDIAN, IDAHO
By.
Name: ROBERT D. CORRIE
Title: MAYOR
29
ATTEST:
r: h'
1
Name: WILLIAM G. BERG, JR.
Title: CITY CLERK
yes �.i ,• 'V ��✓�tr"r
13 i
QS T 1sir �. `,•'..
Meridian City Council
March 2, 1999
Page 14
Corrie: This is to inform you in writing if you choose to have the right to a
predetermined hearing at 7:30 p.m. Tuesday March the 2"d, 1999 before the Mayor and
City Council to appear in person to be judged on the facts and defend the claim made
by the city that your water, sewer and trash bill is delinquent. You may retain Counsel
and this service will be discontinued on March the 10th, 1999 unless payment is
received in full? Is there anyone in the audience present who wishes to contest their
water, sewer and trash delinquency? They are hereby noticed that they may appeal
and have the decision of the city reviewed by the Fourth Judicial District Court pursuant
to Idaho Code. Even though they appeal their water will be shut off in the amount of the
turn off list is $45,120.38. That comes down to real close (inaudible) March 10th. 1'11
entertain a motion on the turn off list.
Bird: Mr. Mayor I move that we approve the water, sewer and trash delinquencies.
Rountree: Second.
Corrie: Motion's made by Mr. Bird second by Mr. Rountree to approve the water,
sewer, trash delinquency turn off list. Any further discussion? Hearing none, all those
in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
10. DEPARTMENT REPORTS:
A. TOM KUNTZ:
AWARD BID — GENERATIONS PLAZA.
Kuntz: Thank you Mayor and Council. The first item under department reports is the
Generations Plaza bid award. You should have in your packets a memo with a letter
attached from David Koga of the Land Group that lists each company that bid on
Generations Plaza and the price. The Parks and Recreation Department supports
Dave's recommendation that the construction bid for Generations Plaza be awarded to
Guho Corporation in the amount of $123,709, and request approval for the Mayor to
sign and the City Clerk to attest. (End of Tape)
Bird: Is that motion Tom?
Kuntz: Yes, do I have a second?
Bird: Mr. Mayor I move that the City of Meridian accept the bid and enter into a contract
with Guho Corporation on Generations Plaza for total of alternate A added in of
$123,709.
Meridian City Council
March 2, 1999
Page 16
had a heart attack so she was looking for another attorney. I did give her a copy of the
original easement that she signed off on and hopefully that will expedite matters. The
only change between the two easements is that between the original and the one I'm
having her sign now is we're asking for a permanent sewer easement underneath the
electrical or as part of the electrical easement because we are going to run a drain into
the storm drain for the fountain, so that's the only change we're asking for from the
original one.
Bentley: Thank you.
2. 4 ACRE FARM LEASE AGREEMENT WITH VANCE JANICEK.
Kuntz: The second item is a four acre lease agreement with Vance Janicek. To give
you a brief history the last two years the Joint School District No. 2 which owns 55 acres
south of Overland Road and east of Meridian Road and runs adjacent or abuts up to our
four acres has been collecting lease on our four acres. Mr. Janicek called to inform me
of that situation. We met approximately a week and a half ago. Thanks to Mr. Gigray's
office was able to throw together a lease agreement and that lease agreement is what
you have in your packets tonight, and I'm requesting your approval on that agreement.
Bird: Is that for a year Tom? It will be for one year. I believe it expires August 31 st of
this year.
Bentley: Mr. Mayor I move we approve the lease agreement between the City of
Meridian and Vance Janicek for the four acre park and authorize the Mayor to sign and
the Clerk to attest.
(Inaudible)
Bird: I'll second that.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the four acre farm
lease agreement with Vance Janicek the Mayor to sign and the City Clerk to attest. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
Kuntz: The next item is the memorial tree project which you have a copy of in your
packet. This program went to the Parks and Recreation Commission this month and
they unanimously approved of the program. What we are trying to do is initiate a tree
donation program and have designated a site along the five mile creek pathway in Tully
Park that would be the area where we'd plant these trees and the plaques initially. With
CONTRACTOR'S AFFIDAVIT CONCERNING TAXES
STATE OF Idaho
COUNTY OF Ada
WILL, -
r(L
FFcElvED
MAR 1 6 1999
CITY OF MERIDIAN
Pursuant to the Idaho Code, Title 63, Chapter 15, I, the undersigned, being duly
sworn, deposes and certify that all taxes, excises and license fees due to the
State or it's taxing units, for which I or my property is liable then due or
delinquent, has been paid or arrangements have been made, before entering into
a contract for construction of any public works in the Sate of Idaho.
Guho Corp.
Name of Contractor
391 W. State Street, Suite G
Address
Ea le IdaK6 83616
City an State
By:
(Signature)
Subsceffied and sworn to before me this 8th day of March, 1999
emission Expires
Notafy Public, residing at
6/6/2003 Eagle, Idaho
ft
PRODUCER
Post Insurance Services, Inc.
P.O. Box 8447
4477 Emerald Suite A-200
Boise ID 83707-
(208) 336-5600
INSURED
Guho Corp.
391 W. State St., Ste G.
Eagle ID 83616-
(208) 93919437
COMPANY
A MARYLAND CASUALTY INSURANCE COMPANY
COMPANY
B
COMPANY
C
COMPANY
D
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.
CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS
CO. TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY)
A
GENERAL LIABILITY
GENERAL AGGREGATE $2000000
PRODUCTS - COMP/OPAGG $2000000
X COMMERCIAL GENERAL LIABILITY
RGP 24445875
12/01/98
12/01/99
PERSONAL &ADV INJURY $ 1000000
CLAIMS MADE XX OCCUR
EACH OCCURRENCE $ 1000000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire) $ 50000
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE $
UMBRELLA FORM
MED EXP (Any one person) $ 5000
A
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $
WORKERS COMPENSATION AND
X
ANY AUTO
RGP 24445875
12/01/98
12/01/99
1000000
EMPLOYERS' LIABILITY
/ /
ALL OWNED AUTOS
DISEASE - POLICY LIMIT $
THE PROPRIETOR/ INCL
BODILY INJURY $
(Per person)
SCHEDULED AUTOS
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
X
HIRED AUTOS
BODILY INJURY $
(Per accident)
A
X
NON -OWNED AUTOS
LEASED/RENTED
RGP24446875
12/01/98
12/01/99
ALL RISK 50,000
PROPERTY DAMAGE $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE: GENERATIONS PLAZE
CITY OF MERIDIAN
33 E. IDAHO AVE.
MERIDIAN ID 83642
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
�kJ.T}JORIZED REPRESEII�AT11(E �- n ' -
'^
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $
AGGREGATE $
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
STATUTORY LIMITS
EACH ACCIDENT $
EMPLOYERS' LIABILITY
/ /
/ /
DISEASE - POLICY LIMIT $
THE PROPRIETOR/ INCL
DISEASE- EACH EMPLOYEE $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
A
OTHER
LEASED/RENTED
RGP24446875
12/01/98
12/01/99
ALL RISK 50,000
EQUIPMENT
DEDUCTIBLE 250
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE: GENERATIONS PLAZE
CITY OF MERIDIAN
33 E. IDAHO AVE.
MERIDIAN ID 83642
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
�kJ.T}JORIZED REPRESEII�AT11(E �- n ' -
'^
I.C.W. GROUP
} INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
10140 Campus Point Drive • San Diego, CA 92121
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That Guho Corp. 391 W. State St. Ste. G Eagle, ID. 83616
(Here Insert full name and address or legal title of Contractor)
BOND# 1674038
as Principal, hereinafter called Contractor, and Insurance Company of the West 545 N. Beni amin Lane Ste. 135
(Here insert full name and address or legal title of Surety)
Boise, ID. 83704 , as Surety, hereinafter called Surety, are held and firmly bound unto
City of Meridian 33 E. Idaho Ave. Meridian, ID. 83642
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of
One Hundred Twenty Three Thousand Seven Hundred Nine & NO/100***** Dollars(s123,709.00** 1,
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and sever-
ally, firmly by these presents.
WHEREAS. Contractor has by written agreement dated March 4, 1999
entered into a contract with Owner for Generations Plaza
in accordance with drawings and specifications prepared by N/A
(Here insert full name and address or legal title of Architect)
which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then
this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon determination by Surety of the lowest
responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange
for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession
of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the
balance of the contract price: but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term 'balance of the contract price,' as used In this paragraph, shall mean the total amount payable
by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls
due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,
executors, administrators or successors of Owner.
Signed and sealed this 4 day of March A.D. 1999
Guho Corp.
(Seal)
(Witness) n
Mark N. Guho (Title) President
(Witness)
ICW CAL -130
Insurance Company of the West.
(Surety)
�Qal
By
Mary Rigel .Attorney-in-Fzct
« I.C.W. GROUP
�1 INSURANCE COMPANY OF THE VEST
EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
10140 Campus Point Drive • San Diego, CA 92121
LABOR & MATERIAL PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
That Guho Corp. 391 W. State St. Ste. G Eagle, ID. 83616
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and Insurance Company of the West 545 N. Benjamin Lane Ste.
(Here insert full name and address or legal title of Surety)
Boise, ID. 83704 , as Surety, hereinafter called Surety, are held and firmly bound unto
City of Meridian 33 E. Idaho Ave. Meridian, ID. 83642
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred
Twenty Three Thousand Seven Hundred Nine & N0/100******************** Dollars($ 123.709.00**1,
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and sever-
ally, firmly by these presents.
WHEREAS, Principal has by written agreement dated March 4 1999
entered into a contract with Owner for Generations Fiaza
in accordance with drawings and specifications prepared by N/A
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, H Principal shall promptly make payment to all claimants as hereinafter defined, for all la-
bor and materiel used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise It shall remain In full force and
effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably re-
quired for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heal, oil, gasoline, telephone
service or rental of equipment directly applicable to the Contract.
2. The above named Principal and Surely hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid In full be -
tote the expiration of a period of ninety (90) days alter the date on which the last of such claimant's work or labor was done or performed, or materials were fur-
nished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner, or
the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which
said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or
labor was done or performed. Such notice shall be served by marling the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the
Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served In any manner In which legal process may
be served in the slate in which the aforesaid project Is located, save that such service need not be made a public officer.
b) Alter the expiration of one (1) year following the dale on which Principal ceased Work on said Contract. It being understood, however, that i1 any limitation embod-
ied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period
of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county or other polilical subdivision of the stale in which the Project, or any part thefeol, is situ-
ated, or in the United Slates District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surely of
mechanics' liens which may be filed of record against said Improvement, whether or not claim for the amount of such lien be presented under and against this bond.
Signed
(Witness)
ICW CAL -131
Lrcn
A.D. 19 99
Guho Corp.
7:
(Seal)
Mark N. Guho (Tit e) Presiden ....--__. -
Insurance Company of the West
(Surety)
By
Mary Rigel A14orney-in-Fact `
Insurance Company of the West
HOME OFFICE: SAN DIEGO, CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint:
MARY RIGEL
its true and lawful Attomey(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors
on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy:
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the
Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company;
provided however, that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and
seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this
9th day of June 1998 .
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
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INSURANCE COMPANY OF THE WEST
IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or
have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code §4121 and 4122.
CERTIFICATE:
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Janis Theodore
I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of
which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above
quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary, on this 4 day of March 1999
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CITY OF MERIDIAN
GENERATIONS PLAZA
NOTICE OF AWARD
TO: Guho Corporation DATED: March 4, 1999
391 W. State Street, Suite G
Eagle, Idaho 83616
PROJECT DESCRIPTION: GENERATIONS PLAZA
The OWNER has considered the Bid submitted by you for the above
described Work in response to its Advertisement for Bids and Information for
Bidders.
You are hereby notified that your Bid has been accepted for (description):
CoA1Mmarl of VE GENERATION PLAZA .
In the amount of: One Hundred, Twenty Three Thousand, Seven Hundred and
Nine Dollars. Dollars ( $123,709.00 )
You are required to fully execute the Agreement and furnish the required
Contractor's Performance bond, Payment Bond and Certificates of Insurance within
ten (10) calendar days from the date of the notice to you, that is by March 14, 1999.
If you fail to execute said Agreement and to furnish said bonds and
certificates of insurance within ten (10) calendar days from the date of this Notice,
said OWNER will be entitled to consider all your rights arising out of the OWNER's
acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The
OWNER will be entitled to such other rights as may be granted by law.
You are required to return the attached ACCEPTANCE OF NOTICE OF
AWARD to the OWNER.
OWNER:�Fj, TEST:
CITY ERIDIAN, IDAHO ,,•��`�4,'�' "�;,�°"���,
GOBy: 1 B
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ROBERT D. CORRIE Na r ' I&IAM G. BERG JR.
Title: MAYORr MtW., CITY CLERK
Approved by City Council: 3-2-q A. -
.'C
February 25, 1999
- THE LAND GROUP, INC.
Landscape Architecture • Site Planning • Environmental Planning • GIS
128 S. Eagle Road • Eagle, Idaho 83616 • Phone (208) 939-4041 • Fax (208) 939-4445
Tom Kuntz
City of Meridian
Parks and Recreation Director
11 W. Bower St.
Meridian, ID 83642
Dear Tom:
Member of
AS LA
RECENt0
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s9U
CITY OF NIERIDLAIN
We are excited to notify the City of Meridian a list of contractors bidding on the Generation Plaza Project. Our
original cost estimate for the park was, One hundred thirty nine thousand, three hundred and forty nine
dollars, ($139,349.00).
Following is a list of contractors and their bid costs.
Project: GENERATION PLAZA
Bid Opening 2.24.99,3:00 pm
BIDDER
Ellsworth Kincaid
Guho
Wright Brothers
Beniton
Construction
Corporation
Construction
Proposed Properly
X
X
X
X
Completed & Signed
General Information
X
X
X
X
Required of Bidders
BIB AMOUNT
$124,774.00
$109,381.00
$126,750.00
$111, 649.00
ADD ALTERNATE #A
$13,402.00
$ 14, 328.00
$ 13, 655.00
$ 13, 231.00
TOTAL BID
$138,176.00
$123, 709.00
$140, 405.00
$124, 880.00
After reviewing the bids and the forms , we suggest to the City of Meridian to award the project to the
apparent low bid, Guho Corporation of Eagle, Idaho.
V
y,
Davido1
The L
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