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HomeMy Public PortalAbout2013.08.08 Falvey Corp Rotary Park Stormwater ImprovementsI. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT, is by and between The City of McCall (hereinafter, "OWNER") and Falvey Corporation, (hereinafter, "CONTRACTOR"): NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the OWNER or City and the Contractor concerning the work to be performed are this Contract, pages one (1) through (4) and the following: 1. Proposal Documents titled, 2013 ROTARY PARK STORMWATER IMPROVEMENTS 2. Standard General Conditions of the Construction Contract, 2012 ISPWC (Idaho Standards for Public Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive). 3. Contractor's Proposal (Section III), dated August 8, 2013, to be physically attached to this Contract; 4. The Construction Plans (2 sheets), dated 7-21-2013 by the City of McCall; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 6. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice of Award b. Notice to Proceed. c. Written Amendments. d. Work Change Directives. e. Change Orders. 7. Change Orders, which may be delivered or issued after the effective date of this Agreement; 8. Addenda issued to Contractors prior to the selection of Proposals, to be physically attached to this contract; 9. WH-5 — Public Works Contract Report for Idaho State Tax Commission 10. W9 There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. The Work is generally described as follows: 2013 ROTARY PARK STORMWATER IMPROVEMENTS ARTICLE 3. PROJECT ENGINEER, MCCALL CITY ENGINEER, MCCALL PARKS AND RECREATION DIRECTOR 1.01 The project has been designed by the City of McCall City Engineer. (Project Engineer), which is to act as the OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to "Engineer" in the Contract Documents in connection with the completion of the "Work" in accordance with the Contract Documents and the General Conditions of the Idaho Standards for Public Works Construction (ISPWC). 1.02 The McCall Parks and Recreation (Director) will be the Owner's representative, along with the City Engineer. The Director will serve as the approving agency for the project and serve a liaison between the Project Engineer and the OWNER. 2013 ROTARY PARKS STORMWATER IMPROVEMENTS I REV. 2/17/14 ARTICLE 4. CONTRACT TIME/SUBSTANTIAL COMPLETION The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. The project site will be available to the Contractor for project implementation on the date specified in the Notice to Proceed, or when weather conditions permit, and only after approval of the Project Engineer. The work to be performed pursuant to this Contract shall be Substantially Complete within 14 days of the commencement of construction activities and prior to May 23, 2014. The work will be finally complete and ready for final payment in accordance with Paragraph 14.07 of the ISPWC General Conditions within 5 calendar days of Substantial Completion. Work can be performed 5 days a week (Monday — Friday) for a period of 12 hours (7:00 AM to 7:00 PM) per day. Adjustment of the contract time can be made in accordance with the provisions of the Contract Documents as directed by the Project Engineer, Parks and Recreation Director, or the OWNER. ARTICLE 5. CONTRACT SUM/PRICE The OWNER or City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of eleven thousand seven hundred forty five dollars ($11,745.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 6. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer -employee relationship is established between the Contractor and the OWNER by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the OWNER for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 7. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE 8. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall indemnify and save harmless the Architect and the Owner, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLE 9. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Manager, Architect and the OWNER. 2013 ROTARY PARKS STORMWATER IMPROVEMENTS 2 REV. 2/17/14 ARTICLE 10. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the OWNER. ARTICLE 11. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the OWNER and the City of McCall and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 12. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 13. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. ARTICLE 14. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Falvey Corporation 14059 Burr Ln McCall, ID 83638 Owner: City of McCall 216 E. Park Street McCall_, Idaho 83638 2013 ROTARY PARKS STORMWATERIMPROVEMENTS 3 REV. 2/17/14 IN WITNESS WHEREOF, said Contractor and the OWNER or City have caused this Contract to be executed on the day and year first above written. Contractor: by: ACKNOWLEDGMENT Owner: ckiey. mon Mayor ATTEST: % i BessieJo Wagner, City Clerk Approved As To Form: William F. Nichols, City Attorney On this k-�j day of 2014, before me, a Notary Public of the State of Idaho, personally appearedM,NNN&g�.a�ta in his official capacity as known to me to be the person described in the above document and acknowledged to me he execute ame. Notary Public residing at My Commission expires 2013 ROTARY PARKS STORMWATER IMPROVEMENTS 4 REV. 2/17/14 IN WCnNESS WHEREOF, aid Cartracw and the OWNER or City have caused this Contract 10 be v ocuied on dw day and year final above wrltlan. r .: r. fr , On dris ,I'S _ day of X. 2014. befooe me, a NotaY Public of the State of ldaho, personally alpenradVemblok.-- _ ` ..�.�iu in Ids ofl'icW capacity as fif'M6VAS) ►&d= lgrorra to me to be the person desaffied do ia�abovo document and acknowledged to me he ecu Notary Public residing at'r+�+.. . My Commission expires 2MMarearrMMSTOwnAIUaaIDYM Mrs 4 REV.2117114 III. CONTRACTOR'S PROPOSAL ARTICLE 1— PROPOSAL RECIPIENT This PROPOSAL is submitted to the City of McCall. This PROPOSAL is for the Project titled: 2013 Rotary Park Stormwater Improvements. ARTICLE 2 — CONTRACTORS'S INFORMATION CONTRACTOR'S Name: 'F7r t\j ell CONTRACTORS's Idaho Public Works Contractor License No.: owc - C - l VS9 (e - 0 - t - a3 License Expiration Date: k3 CONTRACTORS's Business Address: A OM B u t r U. W c c c' ll '. -IT) 2 3 0 �{ CONTRACTORS's Business Phone No.: 10n , (p1q . ba 1 CONTRACTORS's Email Address: rn CLAV\ W E �Ca� -c ARTICLE 3 — CONTRACTOR'S ACKNOWLEDGEMENTS This proposal is submitted as an offer by the undersigned to enter into contract with the City of McCall, McCall Idaho, hereinafter referred to as the "OWNER" for the 2013 Rotary Park Stormwater Improvements Project, specified herein, and which construction documents are on file with the Public Works Department, 815 N. Samson Trail, McCall, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the OWNER to the terms and prices herein submitted. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph I above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds and insurance certificates, as required by the specifications, in the full amount of the contract price within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the OWNER shall have the right to accept or reject any proposal deemed to be in the best interest of the OWNER or the City of McCall. 7. The undersigned agrees to order all necessary equipment and materials within a period of three (3) days after Notice to Proceed has been issued by the OWNER. 8. The undersigned, acknowledges that Addenda Number 0 through _0 have been delivered to him and have been examined as part of the contract documents. 2013ROTARY PARKS STORMWATERIMPROVEMENTS 10 REV.7/19/13 THIS PAGE LEFT BLANK INTENTIONALLY FOR DOUBLE SIDED COPYING. 2013 ROTARY PARKS STORMWATER IMPROVEMENTS 9 REV. 7/19/13 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph I-9 of the Proposal Instructions and Article 4 of the AGREEMENT/CONTRACT. ARTICLE 4 — CONTRACTOR'S CERTIFICATION 4.01 CONTRACTOR certifies that: A. This proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; CONTRACTOR has not directly or indirectly induced or solicited any other CONTRACTOR to submit a false or sham proposal; and CONTRACTOR has not sought by collusion to obtain for itself any advantage over any other CONTRACTOR or over OWNER. ARTICLE 5 — BASIS OF PROPOSAL 5.01 CONTRACTOR will complete the Work in accordance with the Contract Documents for the following ITEMS: ITEM I ITEM DESCRIPTION + SPEC, , REFERENCE QUANTITY UNIT GENERAL PROJECT ITEMS 1. Mobilization Technical . S cification(TS)-1 1 L.S. 2. Traffic Control TS-2 1 L.S. 3. Erosion Control TS-3 1 L.S. STORMWATER MANAGEMENT IMPROVEMENTS 4 Removal of and disposal of —120 sq. ft. asphalt TS-4 1 L.S. 5 Excavation, RR tie removal, existing catch basin removal, site grading,and restoration TS-5 1 L.S. 6 Installation of StormFilter per manufacturer's specifications TS-6 2 Each 7 8" HDPE N-12 storm drain piping and fittings bend, adaptor, end sections ISPWC 601 and TS-7 100 L.F. 8 Armoured Outlets (flared end section, 2-8 inch rip rap, and boulder toe TS-8 and Detail 1, civil Sheet 1 2 Each 9 Asphalt Patching ( 2.5 inches, PG-58-28 Commercial Grade Mix) ISPWC 805 and TS-9 160 S . Ft. Proposal Lump Sum Total Amount (Items 1 through Proposal Total (Words): ` O ARTICLE 6 — PROPOSAL SUBMITTAL 6.01 Submitted on 20-0 6.02 This Proposal is submitted by: An Individual Name (typed or printed): M Cr`A�\i.W k-- CX- -- t,1 By: (Individual's signature) NCO ,0o a� S m . 00OD t 3`l5. M '3 a10 , 00 co 3;11�145.�0 2013 ROTARY PARKS STORMWATER IMPROVEMENTS I I REV. 7/19/13 Doing Business As: A Partnership A Corporation Partnership By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed): Corporation Name: r Lki k.([ cococc o T k orl State of Incorporation:—t Type (General Business, essional, Service, By: Attest: A Joint Venture L14UIIILy). `le (Signature — attach evi,44ce of authority to sign) Name (typed or printed): M ki�Rf-u2 ��� ��I -Lk Name of Joint Venture: (CORPORATE SEAL) First Joint Venture Name: (SEAL) By: (Signature of first joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venture Name: (SEAL) By: (Signature of second joint venture partner — attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venture must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above. 2013 ROTARY PARKS STORMWATER DAPROVEMENTS 12 REV. 7/19/13 ARTICLE 7 — NAMING OF SUBCONTRACTOR FORM Contractor shall include in his or her Proposal the names and address, and Idaho Public Works Contractor License Number of the Subcontractors who shall, in the event the Contractor secures the Contract, subcontract for plumbing, heating and air-conditioning work, and electrical work under the general Contract. Because no plumbing, heating and air conditioning, or electrical work is required for this project, such subcontractors shall not be listed. In addition to subcontractors for plumbing, heating and air-conditioning work, and electrical work, provide the names and addresses of the additional subcontractors, suppliers, individuals or entities called for in the Proposal Instructions (include Idaho Public Works Contractor License Numbers for any subcontractors) Storm Drain (Subcontractor Name and Address Public Works License Number N BYAL- Additional Subedh ractor Name and Address Public Works License Number Public Works License Number Public Works License Number Public Works License Number 2013 ROTARY PARKS STORMW ATER Uv4PRO VEMENTS 13 REV. 7/ 19/ 13 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT, is by and between The City of McCall (hereinafter, "OWNER") and Pales.• Ge-:,., tim;, (hereinafter, "CONTRACTOR"): NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the OWNER or City and the Contractor concerning the work to be performed are this Contract, pages one (1) through (4) and the following: 1. Proposal Documents titled, 2013 ROTARY PARK STORMWATER IMPROVEMENTS 2. Standard General Conditions of the Construction Contract, 2012 ISPWC (Idaho Standards for Public Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive). 3. Contractor's Proposal (Section III), dated , 2013, to be physically attached to this Contract; 4. The Construction Plans (2 sheets), dated 7-21-2013 by the City of McCall; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 6. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice of Award b. Notice to Proceed. c. Written Amendments. d. Work Change Directives. e. Change Orders. 7. Change Orders, which may be delivered or issued after the effective date of this Agreement; 8. Addenda issued to Contractors prior to the selection of Proposals, to be physically attached to this contract; 9. WH-5 — Public Works Contract Report for Idaho State Tax Commission 10. W9 There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. The Work is generally described as follows: 2013 ROTARY PARK STORMWATER IMPROVEMENTS ARTICLE 3. PROJECT ENGINEER, MCCALL CITY ENGINEER, MCCALL PARKS AND RECREATION DIRECTOR 3.01 The project has been designed by the City of McCall City Engineer. (Project Engineer), which is to act as the OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to "Engineer" in the Contract Documents in connection with the completion of the "Work" in accordance with the Contract Documents and the General Conditions of the Idaho Standards for Public Works Construction (ISPWC). 3.02 The McCall Parks and Recreation (Director) will be the Owner's representative, along with the City Engineer. The Director will serve as the approving agency for the project and serve a liaison between the Project Engineer and the OWNER. 2013 ROTARY PARKS STORMWATER IMPROVEMENTS 14 REV. 7/19/13 42 x" E a i ti }r Payment Bond 2 CONTRACTOR. SURETY: is flVaw, legal swus and a ) (Nam legal status princl 1pl' of Falvey Construction, LLC Indemnity Company of California PO Box 710 Five Centerpointe, Suite 530 i McCall, IC 83638 Lake Oswego, CAR 97035 OWNER: (Name, legal status and address) I City of McCall 16 (Fast Park Strut McCall, Idaho 8638 t CONSTRUCTION CONTRACT r; Date: 03/06/2014 4` Amount: $11,745.00 ription: (N e 1 atla) 2013 Rotary Park Sto water Improvements i y BOND Date: 03/0612014 (Not earlier than Construction Contract te) Amount: $11,75.00 ModificationsSection CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Company. (Corporate Seal) t, Falvey Construction, LLC Indemnity Company of Californiair Name Name Kary A R2d) r„ Attorne In -Fact and Title: and Title: (Any "a 1 signatures appearcan the last page of this Fay nt (FOR 1NFORIAIAT'70NONLY — Narme, address and telephone) AOENT or BROKER. NEWS REPRESENTATIVE: 4, Allied Bonding (Architect, Engineer or other party) 5605 Overland Rd. Boise, ID 8370 Phone (0) 34 177 Fax (208) 384-1677 }; AJA I 1 n" s t kDOWAnw*A312IN-111110. The Amerimn { of ees so i {;f I The Contractor and Surety, ,faintly and severally, bind themselves, their heirs, executors, administrators, successors t and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of Construction Contract, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds 4. r harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment famished for in the performance o the Construction Cora eq P pe t, then the Surety and the Contractor Y shall have no obligation under this Bond. i § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this band shall arisea the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Ownees property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Conct and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit: 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice ofnon-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and x I have sent a Claim to the Surety (at the address described in Section 13). § 52 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at {. the address described in Section 13). If a notice of non-payment required by Section 5. 1.1 is ,given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section S:I.I, 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any 'amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge i § tY'arge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant t have reached agreement If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. a § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's } fim provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good fault' by the Surety. § 9 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 f < 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 Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work: 1ML JUA Dawme M A3121* - MO. The kwic+an Insth to of Amhkwu. 6 P i t z 10 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 the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bonds r: 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders andother obligations,t 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent ' jurisdiction in the state in 'which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (l) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was perfbmed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) occurs. If the ! provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. } 13 Noce and to the S r Notice d Clhurety, the t')wlter or the Contractor shall be mailed or delivered to the address shown. on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be t sufficient compliance as of the date received. 4 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 r. shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. . r; 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly ish a copy ofthis Bond or shall it apy to bee. � 16 Defiftitions 16A Claim. A writtenstatement by the Claimant including at a minim .1 the name of the Claimant, .2 the name of the person for whore the labor was done, or materials or equipmentfurnished; t ,3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was finnished for use in the performance of the Construction Contract; A a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim, .7 the total amount of previous payments received by the Claimant, and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim: 6.2 Claimant individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to filmish labor,'materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes y individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent ofthis bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil; gasoline, telephoneservice or rental equipment used in the Construction Contract, architectural and engineering services requiredfor performance of the work ofthe 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 fianished, § 16.3 Construction ContracL The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. ,r Init AIA 0WW" nt A312'U - 2"0. The American Ina tAb Of Armifects. 7 4ti e Y 16.4 00W 04faft Failure of the Owner, which has not been remedied or waivied, to pay the Contractor as required under the Construction Contrad or to perform and complete or comply with the other material terms of the Constnicdon Contract 16.5 CarArect Docunwnta. AM the documents that comprise the agreement between the Owner and Contractor. 17 Ifthis Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shaff be deemed to be Subcontractor and the term Owner shell be deemed to be Catuactor, rr iS Modifications to this bond am as follows: None { POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA f PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint. ***KaryfA, Richter, Janet K. Holthaus, jointly or severally — as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Att ey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Aftorney(s)-in-Fact, pursuant to these presents, #_ are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attomeyto execute, on behalfofthe 3corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cer(ificate bearing such facsimile signatures shall be valid and binding upon the corporations when scoaffixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by '€ their respective officers and attested by their respective Secretary or Assistant Secretary this November 21, 2013. sG-' _ AND t Daniel Young, Senior Vice-Presidento O �} q Pp, C, ' 0 a � t ZacOCT. 1Q m OCT. S By 1967 } Mark J. Lansdon, Vice-President i3t4> yC1A01t State of California County of Orange;` On —_November __ November 21, 2013 before me, . Antonio Alvarado, Notar Public --------- Date Here Insert Name and Tide of the Officer personally appeared _ Daniel Youn and Mark J. Lansdon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he}shetthey executed the same in his/her/their authorized capacityhes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set fat in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of )Ll' By: ' Cassie J. Be`sfor ;' ssistant Secretary ID-1380(Rev.11113) i * �s I< #s r„ z� #AIATM Document A312 .2010 z z� i� } Pe i + e�nce Bond Bond No. 75 515P CONTRACTOR: SURETY: I (Arame, legal s s) (Name legal staturandprincipalplace of business) Falvey Construction, LLC j y indemnity Company of California PO Box 710 Five Centerpointe, Suite 530 a has important legal cosdocument McCall, ID 83638 Lake Oswego, OR 0703 en s. with �e OWNER: s Is (Name, legal status t Grcl i ess) respect its its completion or i` City of McCall 216 Fast Park Street Any singular reference to McCall, Idaho 83638 Contractor, Surety, Owner or shalt be considered � CONSTRUCTION CONTRACT plural where applicable. �. j :03/06/2014 AIADoaxrefflA312-2010 comblaes, two separate bonds, a Amount: $11,745.00 Perforinance Bond and e Payrnera Bond, Into one form. Description: 7bls Is a single e pyame and location) 2013 Rotary Park Stormwater Improvements Peftrmance and Pwrient BONE) Daft: 03/06/2014 � (Nat earlier than Construction Contract Date) k" k Amount. $11,745.00 Modifications to this Bond. IJ Noe 0 See Section 16 <; CONTRACTOR AS PRINCIPAL SURETY ;S. Company: (Corporate Seal) Company: (Corporate Seal) }„ Falvey Construction, LLC Indemnity Com any of California Signature: and Title: NameN c ryl A ichter, Alto f e -in-Fact and Tine. (Any do l signatures appearon tits t e of `this Perfar Band) (FOR lNFORt' 77ON ONLY-- Name, address and telephone) AGENT or BR EWS REPRESENTATIVE: Allied Bonding (Architect, Engineer or other M) 5605 Overland Rd. Boise, ID 83705 Phone (208) 45-4177 Fax (20 ) 384-1677 JUA intt t WrAft 3 210-2010. heAnwirAn nsiauis ArchbR IA. Q 4# r t Y r } y t ? t :`. I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successm d assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this frond shall arise after a1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a'Contractor Default. Such notice shall indicate whether the Owner is requesting a conference on the Owner, Contractor and Surety to discuss the Contractor's perflannance. If the Owner does not #request a conference, the Surety may, within five (5) business clays after receipt of the Owner's notice, requestsuch a conference. If the Surety timely requests a conference, the Owner shall attend.. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, ` but such an agreement shall not waive theOwner's right, if any, subsequently to declare a Contractor ..fault, .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; d j .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms ofthe Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. u.. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates aal prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions; 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract, § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent s, contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance d completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with theOwner's concurrence, to be secured with performance and payment bonds executedby a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner a a result of the Contractor fault; or $A Waive its right to perform d complete, arrange for completion, or obtain a new contractor and with reasonable promptness under fire 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, make payment to the , or :2 y liability in whole or in d notify the y ty ' p fy , citing the reasons for denial. § 5 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to ben default on this Bond seven days after receipt of an additional written notice from the Owner to the Suretyr demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedyavailable to the ere If S d the Owner refusesthe payment p as provided in Section 5.4, or the Surety has denied liability, in whole or in part, without further notice the Owner er shall be entitled to enforce remedy available to the Owner. Ink AIA DOCUOM* A312r* - 200. The Amer en Inst ft of Archka . 1 A.' t U Definitions 14.1 Salem of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which. the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, t including all Contract Documents and changes made to the agreement and the Contract Documents. § U.3 Contractor ult. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. " Owner Odauk Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required der the Construction Contract or to perform complete or comply with the other material terms of the Construction Con l4rS Contract C3 ts. All the d is that comprise the agreement between the ` Owner d Con ctor. 5 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond , shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Ink.AK rdt 12 — 201AnxViCan Institute of A 3 t s.. r" r, 16 Modifications to this bond are as follows: None {Space isprovt*d&Jowfor a"tion&signatures ofaWa,mwies other than those appearingon the cover page) COWMaOR AS PRINCIP& SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CALIPOW You should sign an Original AIA Contract Document on which this text appears in D. An original assures that changes will not be obscured. loll. AIA Dowmant A31210 - Mo. The Amwkan lns#hft Of ArchbetL 4 CITY OF MCC;ALL PUBLIC WORKS NOTICE OF AWARD Dated: 3/6/14 TO: Mathew Falvey — Falvey Corporation ADDRESS: 14059 Burr Lane, McCall, Idaho 83638 PROJECT: 2013 ROTARY PARK STORMWATER IMPROVEMENTS You are notified that your PROPOSAL dated 8/8/13 for the above PROJECT has been considered. You are the apparent Successful Proposer and have been awarded a Contract for the 2013 ROTARY PARK STROMWATER IMPROVEMENTS and other related and miscellaneous work. The Contract Price of your Contract is: Eleven Thousand, Seven Hundred Forty Five Dollars ($11,745.00) A copy of the Contract Agreement accompanies this Notice of Award as well as subsequent Contract documents. As described in the Instruction to Proposers, you are required to execute the Agreement and furnish the following: • Proposal of the Contractor, dated August 8, 2013; • Performance and Payment Bonds • Insurance Certificates; • IRS form W-9; • Proof of current Idaho Public Works License appropriate for the work identified in the Contract; • WH-5 Public Works Contract Report; (Some of these items may have been provided with the completed BidlProposal) You are required to deliver the executed Contract Documents and the Contract security (Bonds) as specified in the Project Specifications within seven (7) days of the date of this Notice. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Proposal in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you comply with the above conditions, OWNER will return to you a copy of the fully executed Contract Documents. City of McCall (OWNER) By: (AUTHORIZED SIGNATURE) Title: City Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged By: (AUTHOR D SIGNA RE) (please sign the Acceptance of Notice and fax to 208-634-4170 or e-mail to nstewart(a�mccall. id. us) 216 East Park Street . McCall, Idaho 83638 • (208) 634-5580 • Fax (208) 634-4170 NOTICE TO PROCEED Dated: Friday March 14, 2014 TO: Falvey Co ration LLC ADDRESS: PO Box 710 McCall ID 83638 CONTRACT/PROJECT: 2013 Rotary Park Stormwater Improvements You are notified that the Contract Times under the above contract will commence to run on Friday, March 14, 2014. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement the date of Substantial Completion is May 23, 2014 and the date of readiness for final payment is May 28, 2014. City of McCall (OWNER) 'k� By: (AUTHORIZED SIGNATURE) City Engineer (TITLE) 00720 - 1 City,,of McCall CERTIFICATE OF FINAL ACCEPTANCE DATE OF FINAL ACCEPTANCE: May 30, 2014 OWNER: City of McCall CONTRACTOR: Falvey's LLC Contract: FHWA Scenic Bi-ways Project: 2013 Rotary Park Stormwater Improvements Final acceptance shall certify that the work contained in the subject contract has been inspected by the parties below, that all punch list items on the Substantial Completion (if issued) have been completed, that the contractor has fulfilled all his contractual obligations and guarantees have been accepted and may be authorized to receive final payment in full, including retainage. The warranty period as defined in the project specifications will now begin. During the warranty period, the contractor will be responsible to repair, replace and or restore any project component that is not performing as considered acceptable to the City and in accordance with the project specifications. Any warranty work required by the City shall be completed within 1 year of the end of the warranty period. All other remaining items on the attached final completion punch list have been completed. Facimile of EJCDC No. C-625 (2002) w,. STATE_ TAX COMMISSION REQUEST FOR TAX RELEASE Date: Public Works Agency Requesting Release: C_.4t Qf f `�c Address: :l 1 C E. Pur k �� f Contact Name: Ala;.l,,,, 5 f t t c j L' `�►� + Telephone Number: 2G�-�4- 8ti3 Prime Contractor Name & Address: Fa V eti `5 L LC- P0 Box -110 _McC�:I(, TI �3L38 Contractor's Federal Employer Identification Number: ZU Project Name (description and/or. location): 26 13. Ro#arm �i�N.ta zr Project Number (if applicable): P. A Project is Complete: �Je 5-. Project is Substantially Co m fete: Project start Date: A o r i' a.01't~ Project Complete Da#e, M Lai It Final Contract Amount (including change orders.): 10 0 , 0 Did .any public works or other :government agency supply materials, which were installed by this contractor or his subs? Yes No If yes, list these materials and their dollar val/u�(es:Q/ /� S? rw.�i ll (+^ liG�C.� �1'✓1 $Irr WO V To request a Tax Release, the Public Works Agency or Contractor should send this form to: .Althl Contract Desk; Sales Tax Audit; Idaho State Tax Commission; PO Box 36; Boise, ID 83722 FAX 208-332-6619 Equal 0pp0r16nit , Employer Healing Impaired Callers TOD 1-800-377.3529 ����o Po Box 36 " Boise ID 83722-0410 CAG# 142427 State Tax Commission 1 800 Park Blvd.. Plaza tV " Boise ID 83712-7742 June 27, 2014 PROJECT. 2013 ROTERY PARK STORMWATER FALVEY CONSTRUCTION LLC IMPROVEMENTS PO BOX 710 JOBSITE: MCCALL MCCALL ID 83638 TYPE OF WORK: AWARDED BY: CITY OF MCCALL CONTRACT AMOUNT: $20,208.00 RESPOND BY: July 12, 2014 GOVERNMENT SUPPLIED MATERIALS According to the Tax Release Request submitted to the Idaho State Tax Commission by the City of McCall, the city supplied the materials described below, at the dollar amount provided: " StormFitter Catch Basins - $14,800.00 Did Falvey Construction LLC install these materials into the project? If so, was use tax submitted to the state, and during which tax period? If it has not been paid, I can send you a billing statement. If Falvey Construction LLC did not install the materials, please indicate which of your subcontractors did the installaion. Sincerely, #4442" , McKenna Beaman . Contract Desk Specialist phone: (208) 332-6646 " fax: (208) 332-6619 email: mckenna.beaman@tax.idaho.gov or contractdesk@tax.idaho.gov Enclosures Equal Opportunity Employer " tax.idaho.gov " Hearing Impaired TDD (800) 377-3529 forrl& Hkan& n1r]"en REQUEST FOR TAX RELEASE Date: Z (- I/It Public Works Agency Requesting Release: Address- _11e �._ ContotiName: Telephone Number XcF-Q+- 8,143 Prime* Contractor Name& Address-, Fa lze*j L LC PO dirk 1to M, lug C011trOctot's Federal Employer Identification Number: 20 — +r zo 71 ,Project Name (description and/or location): _A,taf j4 Park Project Number (if applicable): ICJ. A Project is Complete: L_/ .Projec t is Substantially Co I t Project Stari.Date: A Project Complete Dale: . __M Z Cj I Final Contract Amouilt (including change orders): 'Did Any Pilblic.wotks or other goverliment.agency supply materials, which were installed by this contractor or his -subs? 'Yes No If yes, list these materials and their dollar values: 4 -40- 14, 9 OU. ('ire TO request a Tax Release, the Public Works Agency or Contractor should send this form to: . Desk, Sales TaxAV ..Atfn. Contract Desk; Idaho State Tax Conunission; PO tax 36. Boise, ID 83722 FAX: 208332-6619 Opporlinly EMP HearingImpaited Colica TDD I !SZ377-3529 .' subject6/4/2011 older Is an ADDITIONAL INSURED, the pollcypes) must be endorsed, If SUIBROGATION 4S WAIVED, 4 t truiltionsof policies may requireendorsement. onthisrights{ Darin the .w rrn .. Xunity ins co, LAg` Box 4848 ii• # 401 I i,VAXC No, # ♦ ;:. ♦ •o 0atellof ID 83205-4848 ..._ _, .:.__:_.__ ••ter•••••••,•,• �...yy__.__ t NCIiRLRAi 11Zk1iYl".O Met4 A' i �ry s� q g..y. yrY-...... 4 INSURED +p y y�g gy C° G9..i Vg% 4row Ir law 4 .1.,9dJR:M. S✓ INSURER � Falvey Corporation INSURER c PtJBOX 710 ! INSURER D McCall, ID 83638 INSURER I' INSURER E j COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED BRAVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE >EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TERMS, j tvR TYPE CP INSURANCE AtsSpE uea POLICY NUMBER (mwIC tlYYYY} {M !YY`PY LIMITS COMMERC AL GENERAL .LIABILITY ' EACH OCCURRENCE $ 4 CLAIMS -MOUE E] OCCUR } PREMISES (Ea occurrence) f MEDAnyon PERSONAL & AGV INJURY $ GENL AGGREGATE LIMIT APPLIES PER POLICY Cl JE � LOU GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ ' OTHER AUTOMOBILE LIABILITY fEa acu,dent $ 1,000,000 ANY AUTO '' (36,✓20%13 ALL OWNED SCHEDULED X Ci6IQf1 BODILY" INJURY (Per person) $ .# _ AUTOS AUTOS BODILY INJURY (Per accident) g X BRED AUTOS NON -OWNED AUTOS -� m Pat' BCCId E t I tMf3RFLLR LIAEi CTCr:.I.lR EXCELS LIAR — EACH OCCURRENCE �.„�-.--.......,..�._... _____.�...... $� rLAtM R€JE AGR. G EGATE UEC� RETENTI(7N $ u�ORL�ERS COMPENSATION � AND EMPLOYERS` LIABILITY Y/N STATUTE ER ANY PROPRIETORMAR7NEIREXECUTNG •.—""- (��'^��^^'•EE 0FRCERIMEMSEP ENCLUDED2 t I.NIA E.'. CACH AGCDENT � ;. (Mandatary In NH) II If ye s. describe under E I.. DISEASE - EA Et�tPLnYEE..�__,„„..__,. I. IS RiPTtON OF OPERATIONS below E L CaSE E - PG_G Y LIMIT $ ;,. f VeHI :..l.CS City of McCall 216 E Park 8t McCall. ID 83638-32 ' I- ACRD5(2013I04) IUI, .udgl anal Remarn,, Schedule, may be a t heed if m.re space is recy-si d) C01 ANCELLATIC?N ;t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED - IN ACCORDANCE WITH THE POLICY PROVISIONS, ------------------- ALJTHQftI ED REPRESENTATIVE C;19SS-2013 ACORD CORPORATION, All rights reserved, The ACORD name and logo are registered , r s e, AC REI i