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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 �4�OpNPANI, pf, f9 �c�' \�OORPOAArp� g z NCH 1 19'x' 04UFORN" 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: C4 4LV—C-- 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 ?44,OIAPAN),6 a� `�?60RPOBAJpG f z 444tH I. is," ICW 37 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 SEAQ - 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 L I -9 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 Inc. 0� of o� 01 O fin' o ( of $1 mz N m E O C o N a o U m 2 m a m m.00 m v- 0 L- m Q m z ° o.. o ir 1- Z a. CO a c LUa-0)c .L w c m` 0 o co a- 'm �0��� a caL-:m