Adventure Island Splash Pad Contract
AGREEMENT FORM
THIS AGREEMENT is between Jade II, Inc. dba Recreation Idaho (herein called CONTRACTOR) and
City of Meridian, Idaho (herein called OWNER). OWNER and CONTRACTOR, in consideration of the
mutual covenants hereinafter set forth, agree as follows:
1 WORK
1.1 CONTRACTOR shall complete Work as specified or indicated in the Contract Documents.
The work is generally described as follows:
"Adventure Island Splash Pad: Equipment Purchase"
2. LANDSCAPE ARCHITECT
2.1 The Land Group is hereinafter called Landscape Architect and is to act as OWNER's
representative, assume duties and responsibilities, and have the rights and authority assigned
to in the Contract Documents in connection with completion ofthe Work in accordance with
the Contract Documents.
3. CONTRACT TIME
3.1 Contract Times:
3.1.1 CONTRACTOR will achieve Substantial Completion on or before September 8,
2006, and Work will be completed and ready for final payment and acceptance in accordance
with the General Conditions on or before September 22, 2006.
3.2 Liquidated Damages
3.2.1 OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not completed within the
times specified in paragraph Contract Times above, plus any extensions thereof allowed in
accordance with the General Conditions. OWNER and CONTRACTOR also recognize the
delays, expense and difficulties involved in proving in a legal or other dispute resolution
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one
hundred dollars and zero cents ($100.00) for each day that expires after the time specified in
paragraph Contract Times above, for Substantial Completion until the Work is substantially
complete.
3.2.2 After Substantial Completion, if CONTRACTOR neglects, refuses, or fails to
complete the remaining Work within the Contract Times or any property OWNER
granted extensions thereof, CONTRACTOR shall pay OWNER one hundred
dollars and zero cents ($100.00) for each day that expires after the time specified
in paragraph Contract Times above for completion and readiness for final payment.
3.2.3 OWNER shall recover such liquidated damages by deducting the amount owned
Adventure Island Splash Pad: Agreement Form 1
Equipment Purchase
from the final payment or any retainage held by OWNER.
4. CONTRACT PRICE
4.1 Contract Price:
4.1.1 OWNER shall pay CONTRACTOR the following total based on the conformed Bid,
which is included as an Exhibit to this Agreement.
One Hundred Thirty Four Thousand, One Hundred Seventy Nine Dollars
(words)
Cents
No
(words)
($134,179.00)
(figures)
and
Subject to additions and deletions as provided in the Contract Document.
5. RET AINAGE
5.1 Prior to final Completion, OWNER shall retain from progress payments five (5) percent of
the value of Work completed, OWNER shall retain (5) percent of the value of stored
materials and equipment.
5.2 OWNER will release to CONTRACTOR all retainage for those separate portions ofthe
Work determined finally complete by LANDSCAPE ARCHITECT and accepted by
OWNER for use as intended.
6. INTEREST
6.1 Monies not paid when due as provided in article 14 of the General Conditions shall bear
interest at the rate of 2 percent per month.
7. CONTRACTOR'S REPRESENTATIONS
7.1.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, Work, site, locality, general nature of work to be performed by OWNER or
others at the site that relates to Work required by the Contract Documents and local
conditions and federal, state, and local Laws and Regulations that in any manner may affect
cost, progress, performance, or furnishing of Work.
7.1.2 CONTRACTOR has studied carefully reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions of the General Conditions, and accepts the determination set forth in the
Supplementary Conditions ofthe extent ofthe technical data contained in such reports and
drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR acknowledges
that such reports and drawings are not Contract Documents.
7.1.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining
and carefully studying) examinations, investigations, explorations, tests, studies, and reports
Adventure Island Splash Pad:
Equipment Purchase
Agreement Form
2
(in addition to or to supplement those referred to above) which pertain to the conditions
(subsurface or physical) at or contiguous to the site or otherwise and which may affect the
cost, progress, perfonnance, or furnishing of the work as CONTRACTOR deems necessary
for the performance and furnishing of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of the General Conditions; and not additional or
supplementary examinations, investigations, explorations, tests, reports, or similar information
or data re or will be required by CONTRACTOR for such purposes.
7.1.4 CONTRACTOR has reviewed and checked information and data shown or indicated in the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and has included costs as defined in the General Conditions.
7.1.5 CONTRACTOR has correlated information known to CONTRACTOR and results of such
observations, familiarizations, examinations, investigations, explorations, tests, studies, and
reports with Contract Documents.
7.1.6 CONTRACTOR has given LANDSCAPE ARCHITECT written notice of all conflicts, errors,
ambiguities or discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by LANDSCAPE ARCHITECT is acceptable to CONTRACTOR, and the
Contract Documents are generally sufficient to indicate and convey understanding of terms and
conditions for performing and furnishing Work.
8. CONTRACT DOCUMENTS
8.1 The Contract Documents which comprised the entire Agreement between OWNER and
CONTRACTOR concerning Work are defined in the General Conditions.
8.2 Drawings bearing the following general title: Adventure Island Splash Pad: Equipment
Purchase
8.3 Addenda numbers 1 to 1 ,inclusive.
8.4 Exhibits to this Agreement include:
8.4.1 Advertisement for Bid
8.4.2 Instmction to Bidders
8.4.3 Bid Form signed by CONTRACTOR
8.4.4 Executed Performance Payment Bond
8.4.5 Documents submitted by CONTRACTOR prior to execution of Agreement.
8.4.6 Notice to Proceed
9. MISCELLANEOUS
9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be bound;
and specifically, but without limitation, monies that may become due and monies that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment no
Adventure Island Splash Pad:
Equipment Purchase
Agreement Form
3
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.3 GOVERNING LAW, The validity. Meaning and effect of this Contract shall be detennined
in accordance with the laws ofthe State ofIdaho applicable to contracts made and performed
in are subject to the venue of the Fourth Judicial District ofthe State ofIdaho
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and LANDSCAPE ARCHITECT. All
portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR.
OWNER:
CONTRACTOR:
By
By O.~~~)~Ib.r
Date ~~/b-Ift;
Date
z../ .t .j..... .(" ~ F<.~.\ i"" ("
- ':':'
Address for giving notices:
Address for giving notices
33 E. Idaho
Meridian. Idaho 83642
Phone. (208) 888-4433
(If OWNER is a public body, attach
evidence of authority to sign and
resolution of other documents
authorizing execution of Agreement.)
License No.
Agent for service of process:
(If CONTRACTOR is a corporation,
attach evidence of authority to sign.)
Adventure Island Splash Pad:
Equipment Purchase
Agreement Form
4
NOTICE TO PROCEED
TO: Recreation Idaho
PMB #234, 104 E. Fairview A venue
Meridian, ld 83642
DATE: May 29,2006
PROJECT:
Adventure Island Splash _Pad: Equipment Purchase
DESCRIPTION:
PURCHASE AND DELIVER SPLASH PAD EQUIPMENT PER DRAWINGS
AND SPECIFICATIONS
You are hereby notified that the Contract Time for the construction of the above project will
COlmnence to run on the 29'h day of May, 2006.
OWNER:
ATTEST:
CITY OF MERIDIAN
By:
By:
Name: Tammv De Weerd
Name:
WILLIAM BERG
Title: MA YQR
Title:
CITY CLERK
Advenmre Island Splash Pad:
Equipment Purchase
May 2006
NOTICE OF A WARD
TO: Recreation Idaho
PMB #234,104 E. Fairview Avenue
Meridian, Id 83642
DATE: May 29,2006
PROJECT DESCRIPTION:
Adventure Island Splash Pad: Equipment
Purchase
The OWNER has considered the Bid submitted by you and for the above described Work in response
to its Adveltisement for Bids and Information for Bidders.
You are hereby notified that your Bid has been accepted for (description):
PURCHASE AND DELIVER SPLASH PAD EOUIPMENT PERDRA WINGS AND SPECIFICATIONS
In the amount of: One hundred thiltv five thousand. four hundred seventv -five dollars.
DoUars ($135.475.00).
YOll are required to full execute the Agreement and furnish the required Contractor's Performance
bond, Payment Bond and Celtificates ofInsurance within five (5) calendar days from the date ofthe notice to
you, that is by June 2, 2006.
If you fail to execute said Agreement and to furnish said bonds and celtifjcates of insurance within
five (5) calendar days from the date of this Notice, said OWNER will be entitled to consider all your rights
arising out ofthe OWNER's acceptance of your Bid as abandoned and as a forfeiture of yo lit' bid Bond. The
OWNER will be entitled to such other rights as may be granted by law.
You are required to retum the attached ACCEPTANCE OF NOTICE OF AWARD to the OWNER.
AdvenlUre Island Splash Pad:
Equipment Purchase
May 2006
':1
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the NOTICE OF A WARD is hereby acknowledged by:
~~$^e.~
Recreation Idaho., this
~!> day of So-<....
,2006.
CONTRACTOR
By 8-~r
N allle: .;r;; /:k.+.I Xff#I AI~N
Title; fJHAA~
Adventure Island Splash Pad:
Equipment Purchase
May 2006
MAY 1 8 R~l;'U
ISSUE '~~2 I J 7
I. L
CERTIFICATE OF INSURANCE
05-15-20069:42:58 AM KW
PRODUCER
WESTERN COMMUNITY INSURANCE COMPANY THIS CERTIFICATE IS ISSUED AS A MATTER OF
PO BOX 4848 INFORMATION ONLY, AND CONFERS NO RIGHTS UPON TH~
POCATELLO, 10 83205-4646 CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY
THE POLICIES BELOW.
INSURED COMPANIES AFFORDING COVERAGE
J ALAN YARRINGTON DB~
RECREATION IDAHO COMPANY Ll;TIl;R A
104 E FAIRVIEW AVE PMI? 234 WESTERN COMMUNITY INSURANCE COMPANY
MERIDIAN ID 63642 COMPANY LETTER B
COMPANY LETTER C
COVERAGES
THIS IS TO CERTIFV THAT THE PouCIE:S OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO Tl-ll; INSURED NAMI;O
ABOVE FOR T~E POLICY PEFlIOO INDICATED. NOTWITl-lSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTA:N. THE
INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
POLlCY POLICY
CO eFFECTIVE EllPIAATION
LTR TYPE 01' I$URANCE POLICY NUMSEA DATE D. T'E ALl. LIMITS IN THOUSANDS
CENERAL UABIUTY GENERAL AGGREGATE $ 2000
A IXI CGL OCCURRENCE PRODUCTS-COMPiOPS $ 2000
AGGREGATe
PEASONAL & ADVE.RTISING $1000
INJuRY
\I OWNER'S & 8C533201 10-22-2005 10.;:2-2006 EACH OCCURRENCE $1000
CONTRACTOR'S PROTo
FIRE DAMAGE $100
Anv OM fire)
\I MEDICAL EXPENSES $5
Ally Qne ~GlSO(l1
A.UTOMOBILE LIABILITY
II ANY AUTO COMBINED SINGLE LIMIT $
II AlL OWNED AUTOS
\I SCHEDULED AUTOS BODILYINJURV $
Per Pe",on)
II HIREO AUTO
II NQN-oWNED AUTOS BODILY INJURV $
Per Accident\
II 13ARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY
II EACH OCCURRENCe $
II OTHER THAN UMBRELLA AGGREGATE $
FORM
II WORKER'S COMPENSATION STATUTORY
AI'4D EACH ACCIDENT $
EMPLOVER'$ LIABILITY DISE~SE.POllCY LIMIT $
DISEASE.EACH EMPLOYEE $
OTHeR
DESCRIPTION OF OPERA TIONS/LOCATIONS/IIEHICLESJRESTRICT10Ns/spa;CI,.L ITEMS:
THE CERTIFICATE HOLDER LISTED aELOW IS AN ADOITIONAL NAMED INSURED PER FORM CO 20 10 (10/01)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED
BeFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY
WILL ENDEAVOR TO MAIL ~ OA vS W AmEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAlL
CITY OF MZRIDIAN SUCH NOTICE SHALL IMPOSE NO OBLIGA nON OR LIABILITY OF ANY
33 E IDAHO AVE: KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
MERIDIAN 10 83642-2631 AUTHORIZED REPReseNTATIVE
~ ~./~
ACRn "!'i.~ 111-94\
Ce~ti.icate Ho10er'S Copy
02119/200409:13:35 AM L~
JUN 15 '06 11: 20
1 888 779 0748
PAGE. 02
~
ACORQM CERTIFICATE OF LI,ABILITY INSURANCE I DATE (MM/DDNYYY)
05/02/2006
PRODUCER (512)754-2700 FAX (512)754-2717 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Benchmark Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 1687 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Marcos, TX 78667-1687
Scott Burton INSURERS AFFORDING COVERAGE NAIC#
INSURED Fountaln People, Inc. INSURER A; CNA Insurance Company
CalTex Partners, LTD. INSURER B:
TexCal Partners, L.P. INSURER c:
P.O. Box 807 INSURER D:
San Marcos, TX 78667 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I,N.fJ! iN~g'i TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL L1AllILITY 2088125208 11/10/2005 11/10/2006 EACH OCCURRENCE $ 1 , 000 , OOC
-
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,00C
I-- tJ CLAIMS MADE m OCCUR
MED EXP (Anyone person) $ 5,00C
I--
A PERSONAL & ADV INJURY $ 1 , 000 , OOC
I-- 2 , 000 , OOC
GENERAL AGGREGATE $
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $ I,OOO,OOC
m POLICY n j~8T n LOC
AUTOMOBILE LIABILITY C2081385215 11/10/2005 11/10/2006 COMBINED SINGLE LIMIT
X $
ANY AUTO (Ea accident) 1,000 OO(J
r---
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
A X
HIRED AUTOS BODILY INJURY
X $
NON-O\IIA\JED AUTOS (Pet accidenl)
-
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA I\CCIDENT $
R ANY AUTO .
OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMllRELLA LIABILITY EACH OCCURRENCE $
tJ OCCUR o CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC 281385229 11/10/2005 11/10/2006 X W::STATU.: I. 10J~'
EMPLOYERS' LIABILITY E,L. EACH ACCIDENT $ 500,OO(J
A ANY PROPRIETORlPARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ . SOO,OO(J
~p~Mt'~'Ff~~~1~NS below E,L. DISEASE - POLICY LIMIT $ SOO,OO(J
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
I
C
Fountain People, Inc.
P.O. Box 807
San Marcos, TX 78667
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil
-.-!2..-. DAYS WRlmN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE 'I
r; /I '} C....c .
':P c..U' .h.j /..:J~'~
@ACORD CORPORATION 1988
Scott Burton JWEBB
ACORD 25 (2001/08)
151693
CERTIFICATE OF' INSURANCE
WESTERN COMMUNITY INSURANCE COMPANY P.O. BOX 4848
POCATELLO IDAHO 83205 - 4848 ISSUES THIS CERTIFICATE AS A MATTER OF INFORMATION
ONLY AND CONFERS NO R1GHTS UPON THE CERTIFICATE HOLDER. THE INSURANCE
AFFORDED IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF THE POLICIES.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ALAN YARRINGTON DBA RECREATION IDAHO
PMB 234
104 E FAIRVIEW AVE
MERIDIAN 10 83642
INSURED NAME AND ADDRESS
YARRINGTON J ALAN DB
RECREATION IDAHO
104 E FAIRVIEW AVE P
MERIDIAN 10 83642
POLICY NUMBER 8C533201 EFFECTIVE DATE 10/22/05 EXPIRATION DATE 10/22/06
12:01 AM STANDARD TIME AT THE INSUREDS ADDRESS AS STATED HEREIN.
AGENT 808 BIRD RODNEY 208-888-1821
TYPE OF INSURANCE
LIMITS OF LIABILITY
***GENERAL LIABILITY OCCURRENCE BASIS***
GENERAL AGGREGATE LIMIT (OTHER THAN
PRODUCTS/COMPLETED OPERATIONS)
PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT
PERSONAL AND ADVERTISING INJURY LIMIT
EACH OCCURRENCE LIMIT
FIRE DAMAGE LIMIT
MEDICAL EXPENSE LIMIT
$2,000,000
$2,000,000
$1,000,000
$1,000,000
$100,000 ANY ONE FIRE
$5,000 ANY ONE PERSON
IN THE EVENT OF ANY MATERIAL CHANGE IN, OR CANCELLATION OF SAID POLICIES, THE
,UNDERSIGNED COMPANY WILL ATTEMPT TO GIVE 10 DAYS WRITTEN NOTICE TO THE PARTY
TO WHOM THIS CERTIFICATE IS ISSUED.
~ ~)!er-
10/24/05
DATE ISSUED
AUTHORIZED REPRESENTATIVE
IDSCHD
VUN 1 4 RECtI
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond# 2059515
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jade II, Inc. dba: Recreation, Inc.
PMB #234,104 E. FaiNiew Ave.
Meridian, 10. 83642
SURETY (Name and Principal Place of Business):
North American Specialty Insurance Company
960 W. Broadway Ave. Ste. 420
Boise, 10. 83704
OWNER (Name and Address):
Meridian Parks & Recreation
11 W. Bower St.
Meridian, 10. 83642
CONSTRUCTION CONTRACT
Date: May 29, 2006
Amount: $135,475.00
Description (Name and Location): Adventure Island Splash Pad: Equipment Purchase
BOND
Date (Not earlier than Construction Contract Date): June 8, 2006
Amount: $135,475.00
Modifications to this Bond: X None 0 See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
SURETY
Company:
(Corporate Seal)
Jade II, Inc. dba: Recreation, Inc.
North American Specialty Insurance C mpany
_/
Signature:
Name and Title:
Signature:
Name and Title: Mary J
(Any additional signatures appear on page 3)
(FOR INFORMA TlON ONL Y - Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
other party):
Post Insurance SeNices, Inc.
P.O. Box 8447
Boise, 10. 83707
N/A
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON. D.C. 20006
THIRD PRINTING. MARCH 19a7
A312-1984 1
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under
this Bond, except to participate in conferences as provided
in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the
Construction Contract. If the Owner, the Contractor
and the Surety agree, the Contractor shall be allowed a
reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's
right, if any, subsequently to declare a Contractor
Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the
Construction Contract itself, through its agents or
through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractor's default;
or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is
determined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Contract;
6.2 Additional legal, design prOfessional and delay
costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if not liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non~
performance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any
such unrelated obligations. No right of action shall accrue
on this Bond to any person or entity other than the Owner
or its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or
to related subcontracts, purchase orders and other
obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working or
within two years after the Surety refuses or fails to perform
its obligations under this Bond, whichever occurs first. If
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be
applicable.
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. .AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312~1984
2
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
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.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not
as a common law bond.
12.2 Construction Contract: The agreement betwen
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
12 DEFINITIONS
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
12.1 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
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
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)
SURETY
Company:
(Corporate Seal)
Signature: ruB.:. ~I (k.J,.!('
Name and Tit :
Address: ~6 itJ.3'f IO'f€, FAf~(j'I€W'~
. )
~~ .:tb ~~1Jl 'fa....
, .
AlA DOCUMENT A312 _ PERFORMANCE BOND AND PAYMENT BOND _ DECEMB1::R 1964 ED. -AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, O.C. 20006
THIRD PRINTING - MARCH 1987
Signature:
Name and Title:
Address:
A312-1984
3
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond# 2059515_
AlA DocumeHt A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Jade II, Inc. dba: Recreation, Inc.
PMB #234,104 E. Fairview Ave.
Meridian, 10. 83642
SURETY (Name and Principal Place of Business):
North American Specialty Insurance Company
960 W. Broadway Ave. Ste. 420
Boise, 10. 83704
OWNER (Name and Address):
Meridian Parks & Recreation
11 W. Bower S1.
Meridian, 10. 83642
CONSTRUCTION CONTRACT
Date: May 29,2006
Amount: $135,475.00
Description (Name and Location): Adventure Island Splash Pad: Equipment Purchase
BOND
Date (Not earlier than Construction Contract Date): June 8,2006
Amount: $135,475.00
Modifications to this Bond: X None 0 See Page 6
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
SURETY
Company:
(Corporate Seal)
Jade II, Inc. dba: Recreation, ttialtll..4
Signature:~.81~~
Name and Titl .
(Any additional signatures appear on page 6)
(FOR INFORM A TION ONL Y - Name, Address and Teleph6rre)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
Post Insurance Services, Inc.
P.O. Box 8447
Boise, 10. 83707
l\i/A
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference.
2 With respect to the Owner, this obligation shall be null
and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly, for
all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for
the payment for labor, materials or equipment furnished
for use in the performance of the Construction Contract,
provided the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits
and tendered defense of such claims, demands, liens
or suits to the Contractor and the Surety, and provided
there is no Owner Default.
3 With respect to Claimants, this obligation shall be null
and void if the Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under
this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with
the Contractor:
.1 Have furnished written notice to the Contractor
and sent a copy, or notice thereof, to the
Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or in
part from the Contractor, or not received within
30 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the
Owner, stating that a claim is being made
under this Bond and enclosing a copy of the
previous written notice furnished to the
Contractor.
S If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating
the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the amount
of this Bond, and the amount of this Bond shall be credited
for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree
that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy
obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the
completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable for
payment of any costs or expenses of any Claimant under
this Bond, and shall have under this Bond no obligations to
make payments to, give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent
jurisdiction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If
the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation.available to s~reties as
a defense in the jurisdiction of the SUIt shall be applicable.
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address
shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the I~c~tio~ w~ere the
construction was to be performed, any provIsion In thiS Bond
conflicting with said statutory or legal requirements shall be
deemed deleted herefrom and provisions conforming to
such statutory or other legal requirement s~all be deem~d
incorporated herein. The intent IS that thiS
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. .AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
S
Bond shall be construed as a statutory bond and not as a
common law bond.
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
furnished.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment
for use in the performance of the Contract. The intent
of this Bond shall be to include without limitation in the
terms "labor, materials or equipmenf' that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental equipment used
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
15 DEFINITIONS
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
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)
SURETY
Company:
(Corporate Seal)
Signature:
Name and Titl . A _
Address: pw.b-lS,j.3 } {(;~ G. FA1,z.,VI~ Yffenut
~~1I111~ ~ g3b~
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WAsHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
~
Signature:
Name and Title:
Address:
A312-1984
6
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws ofthe State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City ofItasca,
Illinois, each does hereby make, constitute and appoint:
TERRY S. ROBB, WILLIAM F. POST,
and MARY JAOUIER
JOINTLY OR SEVERALLY
Its troe and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or pennitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TEN MILLION (10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifYing the attorney named in the given Power
of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any ofthem hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officel1l and the seal ofthe Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
~,,\\\\lIII"''''11. au ~\~"1i\oN:;t"~~
,s.~~\"url' ~~'4~ .~~ btl:",
!~~\of..P~'4;..~ By ~ ""'" {.t. ...~..~~\
~ ~ t SEAL \ (1 ~ Steven P. Anderson, President & Chief ElI:ecutive Omce.. ofWlIshington InternlltionallnsuranC8 Company & i ~ CORPORATE i ~ ~
$~\_~ 1873 ~:m ~ Vice President or North American Spec:ialty Insurance COPlpaflY !: S Eft L J ~.
\~":~ ..~/8!i! \~\ ARIZONA ~ ,fJ
%~.~.,.~~~~# ..~~ .........~~-.l
'i'~<<~ON' ~,,~\~~ ~ ~ "'" * ""
11/1/111I111\\11111 By ~# '"."...."",,'
Da\lid M. Layman, Vice President of WaihinEton IntematiOQallnsurante Compa.ny &
Vice pR:jident or North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemationallnsurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officel1l this 23rd day of January , 20~.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page
ss:
On this 23rd day of January , 20~ before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
~L~
/
l4~
"OFFICIAL SEAL"
SUSAN ANSEL
Nclary PlAl/ie. Sll1te of UiflCis
My Commission ~Xpllell 71St.:006
:"..
I, James A. Camenter ,the duly elected Assistant ecret of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
Susan Ansel, Notary Public
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this ~ day of June
,20~
~'Iff~~
James A. Carpent.,r, Vice President & Assistant SecreTary of Washington Intematiollallnsurance CornplUlY &
North Aml:lrlcan Specialty Insurance Company