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CONSTRUCTION CONTRACT this 24th day of March, 1998, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Ace Elliott Landscaping., (hereinafter, "Contractor"): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: 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 City and the Contractor concerning the work to be performed are this Contract, pages one through and the following: 1. Advertisement for Bids; 2. Project Specifications titled : Washington-Jefferson /Highway 8 Watermain Replacements; 3. Bid/Proposal of the Contractor, dated March 18'h, 1998, to be physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 6. Change Orders which may be delivered or issued after the effective date of this Agreement; 7. Addenda issued prior to opening of bids. 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. ARTICLE2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete within 45 calendar days from the issuance of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. CONSTRUCTION CONTRACT PAGE 1 98-1n ---PAGE BREAK--- ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of forty-seven thousand seven hundred ninety-six DOLLARS ($47,796.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City 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 City for purposes of tax. retirement system. or social security (FICA) withholding. ARTICLES. 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 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, 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 acccunt 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 8. 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 Engineer/Engineer and the City. CONSTRUCTION CONTRACT PAGE 2 ---PAGE BREAK--- ARTICLES. 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 City of Moscow. ARTICLE 10. 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 City 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 1 1. 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 12. 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. CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- ARTICLE 13. 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: City: Ace Elliott Landscaping P.O. Box 301 Pullman, WA 99163-0301 City of Moscow 206 East 3'd Street P.O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: n jj ' hí CONSTRUCTION CONTRACT PAGE4 ---PAGE BREAK--- ACKNOWLEDGMENT ss Landscaping, known to me to be the person described in the above document and acknowledged to me he executed the same. My commission expires: CONSTRUCTION CONTRACT PAGE 5 ---PAGE BREAK--- I I I I I I I I I I I I I I I I I '10: Mayor an:i City Chmcil City of Idah:> BID PROFOSAL Date: I i t I 'Ibis prq:osal is sul::rnitted as an offer by the urx:lersigned to enter into rontract with the City of M:>sa:M, Idah:> as represented by the City Chmcil, hereinafter refe:rred to as the 'CITY' f= ˪-JEF'FER.9:N/HWY. 8 Wl\TERM1UN REPLI'ICENENI'S, specified herein an:i wch coostructien d:lcurrents are en file with the City En::Jiner, City Hall Annex, M:>sa:M, Idah:>, an:i ....uich are a canditien hereof with the sarre force an:i effect as though they were attached hereto. 'Ihe offer is canditicned en the follOII:in:J cleclaraticns as to the facts, intentien an:i urx:lerstan:iing of the urx:lersigned an:i the agree:rent of the CITY to the tenrs an:i prices herein sul::rnitted. 1. 2. 3. 4. 5. 6. 7. 8. All project specificaticns an:i drawi.n:Js examined by the urx:lersigned an:i their tenrs an:i canditicns are hereby agreed to. 'Ihe urx:lersigned oertifies that he has received = rrede hi.rrself aware of any an:i all existir:g site canditicns that rray affect the prqx:lSed woxk. It is urx:lerstocx:J. that the rontract drawi.n:Js rray be supple:rented by additicnal drawi.n:Js an:i specificaticns in explanatien an:i elabaratien of the rontract drawi.n:Js an:i it is agreed that such supple:rental drawi.n:Js, men mt in ccmlict with those refe:rred to in paragraph 1 above, will have the sarre force an:i effect as if attached hereto an:i that men received they will be coosidered.a part of the rontract. 'Ihe urx:lersigned will furnish sepaxate perfomance an:i payrrent lxn:ls in the full am::unt of the rontract price. 'Ihe cash, oertified check, bid b:n:i, =cashier's check a=panying this prq:osal. ·shall be f=fsited to the City of M:>sa:M, Idah:> to the extent of 5% of the am::unt bid if the urx:lersigned shall fail = refuse to execute the c:cm:ract, furnish perfamance an:i paymen1: lxn:ls, an:i insutance certificate as required by the specificaticns within the t:i.Ire l:imit therein after ootificatien that the said prq:osal. is accepted, all in a=dance with the provisicns of this prq:osaJ. an:i the specificaticns . '!be urx:lersigned further agrees that the CITY shall have the right to accept = reject any bid itan cleared to be in the best interest of the City. '!be undersigned agrees to cmler all necessary equiprent: an:i rraterials within a period of three days after lbtice to Pl:oceed has been issued by the City En::Jiner. '!be undersigned, as a bidder, a.ckn::wledges that .Addeo:la Nurber - thrc:ugh - have been delivered to him an:i have been examined as part of the rontract d:lcurrents . Page 1 I ---PAGE BREAK--- I I I I I I I I I I I I I I I 9. The undersigned agrees to o::nplete all =rt: enbraced in the =tract by the date set forth in paragraph m-13 of the Instl:Uctian to Bid:lers. 10. The undersigned holds Idaho State s License Nunber loî74 1=-'2_0 · 11. The undersigned prcp:;ses to use the follo.o:i.rB sub-o:ntract=s in the perfonrance of rreetir:g the =tract requirerrents: SUl::cantractors Trarle Spedalty Idaho Public Works License No. $ Am::unt 12. The undersigned prcp:;ses to fumish labor, rraterials, equiprerrt: and services of all kinds require::i f= WAS!lJN:rn:N-JEFFER.9:N/HWY. 8 WATERMAIN REPI.ACEMENI'S, as described in the specificaticm, includi.n;:J all Ň all as required by the specificaticm and this prq;l06al f= the prices in a=rdance with the o::npleted scbedule =tract prices as follows: 1. To coostl:Uct the I.J:XXJ.'ICN 1 1.1aterrrain repla.c::e!rent :i:JTprovaTents, o::nplete as specified, the bidder subnits a lurp sum price of: $ /9 } fq 6 . cr 2 . To coostl:Uct the I.J:XXJ.'ICN 2 1.1atemain repla.c::e!rent :i:JTprovaTents, o::nplete as Q ? specified, the bj dder subnits a lurp sum price of: S L..c(J , 0 0 ' N s Lt7. 7]fr"' 7 Page 2 ---PAGE BREAK--- I I I I I I I I I I I I I I I I I I I SEAL (if :i.nrorForatedl -lvcğ \ J:ated at Finn Narre of Bidder t1 ( / /J ҥ ru-11.._ I I ( "Ġġ/Ģ ( ' b/VffV\. j Signature of Bidder 0(!1hPl'- Mailin3 Ad::lres J J (J ltf- lilt--I- Public W:n:ks License. AJaO State of In=poratian if In=porated Page 3 ---PAGE BREAK--- RELIANCE SURETY COMPANY PHILADELPHIA. BID BOND KNOWALLMEN BYTHESEPRESENTS,thatwe ACE ELLIOTT LANDSCAPING as Principal, hereinafter called the Principal, and the RELIANCE SURETY COMPANY, a Delaware corporation, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF MOSCOW, IDAHO as Obligee, hereinafter called the Obligee. in the sum of 5% OF BID ) for the payment of which sum well and truly to be made. the said Principal and the said Surety, bind ourselves. our heirs, executors, administrators, succesors and assigns, jointly and severally. firmly by these presents. WHEREAS, the Principal has submilted a bid for WASHINGTON-JEFFERSON/HWY. 8 WATERMAIN REPLACEMENTS NOW THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in acx:ordance with the lermS of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sullcient surety for the faithful performance of such Conbact and for the prompt payment of labor and material tmlished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds. if the Principal shall pay to the Obligee the dilfeience not to exc:eOO the penalty hereof between the amount spec"ed in said bid and such larger amuunf for which the Obligee may in good faith contract with anulta' party to perform the Work covered by said bid, then lhis ubllga1ion shall be null and void, otherwise to remain In U force and elfect Signed and sealed lhis 10TH ASC-2305 7195 day of MH . A.D.19 98 lAN C, lf!eoll ACE C. ELLIOTT OWNER RELIANCE SURETY COMPANY V. SUZANNE NORRIS ---PAGE BREAK--- REL.IANC!:SURETYCOMPANY UNITED PACIFIC INSURANCI; COMPANY RE!2JAäci;JåsvRtlrltA; POWER OFATI.ORNEY KNOW ALL MEN. SY THESE PRESENTS, tl)al RELIANCE S!Jđ C.OMPANY is a <:olj:)orati<>n quty organized !Jnder the laws of th£> S!a!<\of Delaware; artd thǵ! RELIANCE INSURANCE COMPANY and UNITED>pAClFIC lNSURANC£: (;CMPANY, are Obtporauons qu!y ?rganized undr>r the laws .of tm> Commonwealth of and !,hal RELIANCE NATIONJIrpr>ration du!Ƕ qrgani:;ed under law$ pf !he Slll!e :of Wisconsin (hereill collectively called "the Companies") .aM lhaL!l)l! Companies by virtue. ofsignature an!l se!helrtrue anl:I'•W!JIPǸ!!Ptǹey{s) f in-Fact. to makm·'· execute,. seal and deliv.,rfor anp on their behalf, anp as their aet and deǺ any and all bond!! undertaldn!!s <>f;UĞaf;ysh!p anct to r bind the. Companies !hr>reby as fǻlfy anrj.t!) the same eJlfQalofY !he halllf<; thǾreof were f ' . signed bY an Exe<:PtiVe Q.fficer of thd and attested lly qne .ofl\er.of S\i<;!l office% and nerally ratiffes.and C?nfirms .alfIA!torney,;s granted undeiand 0Đ the authority of Article VII. of Jh" !;ly-la'l!a pfRELt-'t-PE C$1\;!f'Aill'(, RELI§\5; INS!)RANCE COMPANY, UNITEt;l PACIFiC INSURANcE C.OMPANY, ao!l R!:UANCE; NATIONAL 1Nt;!£;MN!TY COMPANY wlli.ch provlsioM are naw in fvll force and <>fleet. reaAing as followS> · · AATlCJ.E \rll_µ EX'ECUTION,OF BONDS -N4'ritinØ-®l:igawry in lbe_ :narure Ҕ l$ mn-ҙ furJhe -valldily of JIIJY,ˢ-*ld unÙngJo·ecogni:unoes, ˚-¢(JJ(!®mn1ry _ and-Qtber '1\'rltinÓ_-ob\lprory-ln tÚ ,nature ther!.!Cf. ' ' , 3. AttmneY\-s)-in,faCt -shalfĒ Power and,:-ahthtirity ro eMCUte affidavits uqu_I» 1J be anached Á ÛdirlÜiÝ-obliÞ--ß-à-naxin$s-áâã-_-;mau 11lto have po\W:t ;.uuf'auihbrity w-certify the fJnam:iatҧi ufth¢: Company and to ,cppie '!){the By·LawsM!he Ccmp:ru:ty-1)1: :any t(tick or Ҝon-ҝ: , , ' , , - -This _Power o{l\uoroeyis signč :amt seafe facsjmile-'widerˣ)yAAlhority Âfò _fu;tÃÄg':Åtion,aІ_bY:ih{EÆUve_an4 Finäru;dZåiuiæ ÇØ -Čnf-pirectYr$_;/ċÈ-É;jnˏÊ'ˎpaiJi:--: United Pacific: 1n$Utal'!tnls Ill he signet:!. and their colj:)orate $ēiii$ Ûbe hereto affiǿ',,l!1is SЗpteml)el:.1&, 1991. . . . . . . . . . . . . . . . . . . . . . STATE . .OF } coum OF .King } RELIANL"#f!$%&'AN!t' UNITEÖÕà:áâ=ig-ãt·· RE!.lANCE NATIONAL INDEMNITY .CoMPANY ' 71£111i!•. · On this, SeJ>lemЖr 16, 1997, before. me, . La.ura L. Wa:ls\'J1:l˫cth, .uers6naliy be t!J;i Ôice Prel;kient of the. Relian"!' Surety Re!ian"!' lnsu\M co . Ccretaty ofREkiANCE SURETY t;:OMfiAN'(; REl.IANCE ll'IS\JRANCE COMPMY, UNITEO pACIFIC JNS!)ćCE (XJMP. ANY, and RELIANCE NA TIONALINPEI\i!NITY COMPANY hereby certify that the above and futegoing is a tM! and correct c!>PY of the POWer Qf .Aitorney <>xeCuled bY sald Companies, which Is. still in full force arjd elfeet. · l . IN WITNE.SS WHEREOf', I haw hereunto set my hand ȃnd aȄj!d the seals<>f said Companies day v• , • • i ---PAGE BREAK--- Bond No. P2811161 RELIANCE SURETY COMPANY PHILADELPHIA, PERFORMANCE BOND The American Institute of Architects. AlA Document A311. February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here Insert full name and addn>ss or legal title of Contractor) ACE ELLIOTT LANDSCAPING PO BOX 301 PULLMAN, WA 99163 as Principal, hereinafter called Contractor, and RELIANCE SURETY COMPANY, a Delaware Corporation, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF MOSCOW, IDAHO as Obligee, hereinafter called Owner, in the amount of FORTY-SEVEN THOUSAND SEVEN HUNDRED NINETY-SIX & 00/100 Dollars 4 7 ,796 . 00 tor the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 24TH MARCH 1998 , entered into a contract with Owner for WASHINGTON-JEFFERSON/HWY.8 WATERMAIN REPLACEMENT in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall and faithfully perform said Contract then this obligation shall be null and void; otherwise it shall remain in full force and effect The Surety hereby waives notice of 8ny alterations or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may remedy the default or shall 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange tor a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages lor which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount property paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or succesors of Owner. Signed and sealed this 30TH day ot MARCH 1998 _...AwC...,E&E..,L..,L""IOILJTuT_L AmN""DS.,Crporation du l y Ol]lanized ufƈrt11e laWs ofthe Sta!a.of De.laware. and !hat RELIANCE INSURANCE. COMPANY and UNITED f>ACifiC ll\ISIJAANCE QOMPANY, are cowora.tions duly hereby make, "'enge and appoint Th9fllaS Lees, !,llch.ll!l S. Ry 1\f.orrl.s, of Pullman, Washl!lgton their IIIJe ƋnVful A!!drfey(s)· in-Fact to make, execute, seal and deliver for and on their bahal.!, and as their act anƌ dee<:! any and all bon\Ϻ to the same e)(!ƍnt as bands an!l Ǝndartakings and other writl!l.9s ol?ligatory i_ the naturi> thereof VIIi in I ful · i' JWҍtT and authoritY'{() (aJ,É_?l: -At!Qnleyf:s}-in-FÊËarvl 'R':Ґthorite lbem !P ҏll.ecum-01, behalf:of!Jm: Cmnpany; bond.s. Ìd-?mi!;_f,tings,_ ¢@:ttaCIS-of_milemo:ity 1W.LO!her ,writlj1ts:Ͼi!@JOt)dn the 1111Pn<: ; Jherwf,(b)mremoye)l1J,-,wcll AM϶y(sϵiøFaQtfit )'"timeamLϴ;:;ke : lhe7:tand_tlmrity- JiĥĦH J, -AtrornJ::ÔS-M:n--Fact snail'-!llive power and· aut!Wl_ty u;-exectueaf£davils rBi{ed toÕÖ w bonds-. tec{)gtliϻ. r_bther wm:Uul,lllil w-6-l;lligat(lr).,+n_gs ;$d-l}tej-Stiait also have Ҟer and authbtity w cemfy the finarn:ial:҇t of ,the Company and-tu·:c,QPiQ,'tif - By·Laws Q( !Ire Cmnpimy :o-r. a)JY·l\flicle or ,swhm Ҁt ' ' This fuҒҨr-o{Atumrey ,iS s҄d awj:SeaJed \JY ûüý-wtþfÿd- by-aUthoritY l!t 16, 1997. . ' • . . ' > 1 • REJ;IAI\IQE.lf>l$\lljAt:.ISE COMf>úY. UNI!!£0P)\r):II'IC lNSUAAI\ICIE C:blilf'AI\!Y RELIANCE NATIOOALlNOEMNITYQON!li'ANY $TATE OF Washington } COUNTY OF King }Ss. : . . On this, September 16, 1997, before me, .laura LWedSW!.ll'th. !Jersonallyappeared MaϹ w. Alsup>• wh!laclfµI:LIANCE SURETY CO'Mf>ANY; Iy certify that.the above l!!ld foregoing is a !me and correct cW¥ of the Power of Attorney execu.ted by said Companies, w!Ji<;i1ls still in full force anp effect. IN WITNE'Ss WHEREOF.! ha11ehereunto set my hand anll affixed the Jli>als.of l!3id Companies this day ---PAGE BREAK--- BondNo. P2811161 RELIANCE SURETY COMPANY PHILADELPHIA. LABOR AND MATERIAL PAYMENT BOND The-·-ol-, AlA Document A311, February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert lull name and address or legal title of Contractor) ACE ELLIOTT LANDSCAPING PO BOX 301 PULLMAN, WA 99163 as Principal, hereinafter called Principal, and. RELIANCE SURETY COMPANY, a Delaware corporation, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF MOSCOW, IDAHO as Obligee. hereinafter called Owner. for the use and benefit of claimants as hereinbelow defined. in the amount of FORTY-SEVEN THOUSAND SEVEN HUNDRED NINETY-SIX AND N0/100 Dollars($ 47,796.00 lor the payment whereof Principal and Surety bind themselves. their heirs, executors, administrators, successors and assigns. jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Owner for 24TH MARCH 1998 • entered into a contract with WASHINGTON-JEFFERSON/HWY.8 WATERMAIN REPLACEMENT in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal tiUe of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract NOW, THEREFORE, THE CONDITION OF THIS OBUGAnON is such that. if Principal shall make payment to all claimants as hereinafter defined, lor all labor and material used or reasonably required for use in the performance of the Contract. then this obligation shall be void; otherwise it shall remain in lull Ioree and effect subjec¹ however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal lor labor, material, or both, used or reasonably required lor use in the partormance of the Contract. labor and material being construed to in clude that part of water, gas. power, light. heat. oil, gasoline, telephone service or rental of equipmern directly applicabie to the Contract 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimanfs work or labor was done or performed. or materials were furnished by such claimant, may sue on this bond for the use of such claimant. prosecute the suit .to final judgment lor such sum or sums as may be juatly due claimant. and have execution thereon. The Owner shall not be liable lor the payment of any costs or expenses of any such suit ---PAGE BREAK--- RELlANCE·SURETV.COMP.ANY UNITED PACIFIC INSURANCe COMPANY ADMlNISTRAlWi;' Of.F!CE, POWER OFATTORN.EY , ' > KNOW ALL MEN BY THESE PRESEr.jTS,. that RELIANCE SlJREf'( COMPANY is cpl!>oration duly organjzedunder !he laws of Ill" .Slżte artd •till!! RELIANCE INSURANCE COl\llPANY and UNITED f'ACIFIC INSURANCE l)PMPANY, are a:>rporatipn!S duly ,i>r9anized unqer.l!!}o law! of Illå Commonwealth andthat RELIANCE NATIO/iiAL INDEMNITY COMPANY is a corporation duly or{l.lʶ.ll!ʷ . ϙ th<; Stale of Wisconsin (erein collectively O>ailed ''the C<>mpanles") and thal.lh!l Companies by Žlrtue of sig.nature .artd maže, am:! appoint Thomas.l.l!e$, Ml¢!lael s. t,esw; Ruhs . • Sharonø; suzanne Norris, of Pullman, Wlll!èlf!!JioO !hér true <,rtd )a'«fʬl AllJ?may(s} in·fact, to 1nake, execute, seal aM deli)ler!orand on thairbehalf, and as their ʪct aſd deEd any and all b()nds>al!ame exent liS if such bonds •1'ʱ ʲnʳʴrt>lk!!tgs and o!hetV4J1ings. ol:lliga!ocy in 1M:. nƂ\\ll'e.!h'>reofWel'!l' aigned .oy an executiƎe Officer of.the Corr1panies M seal!ld and .1i!l!!Sied by one Q!J1er pfsuC!l o.ffice'!'• aM herebY flllifies and con!inns att.lhϠ! lhalr ƃld Attomey.(s)..jncFact may do iry pursuan<:l! hery tne.Muthorityof Artie!ϡ \ill of. the BY'l.;>wsotf«=I»º!:•Si:Jfi¹ {:Q!;IPAN;(, Rt:L!'I\N{:E INqURAN(;E ANY, UNJTj;l) f'ACIFJC·INSURANCE COMPANY, an\IRELI.ANCE NA1JONAL ll\IDi;'MNIT(.C(lMI'ANY ʫich prqliisions a.re now. jn .full!0rce and e!fect, fOllows: AAT!CLEVJl' ѼJEXE:CtitioN OF BONDS 'AND - L, -Th¢-:fwrd OfDitectO"'--the:Prisiilenϲ dleClia'irm:m Of tfui Boat4}_ı_-$tiJ'for-Vi00 ϟdent. an,Y_-Y-lte:-Pi-M':AssIJ ViϨJitesϩt O:f.'*:clfk!lr ®siϪ:Uy:th;e :ʰ4:Ji sb;in ʨ ·p_ow.:;r and aНtt!mrity,Ϧ ,{aϧ ʼ-ʽ-Auotney{sJ·i:n·Fa¢t-ailʾ'fw Ѹ<.tlodze them t&eJ((>:uietm}khalf ϣ tѵ (:Oftl:l1llnY, b®_-ij-ugs, reco<',,ium:ces; -pl.)htrace.<}f iϢJem:nity ;m:d uther-:wt1Ĵ_:--l;lti(l l¢r;('in-_ihe·natuf,¢ :MW, aru.1 ro '!'m:av,e any-+jme,and revtme the power:Лii!Jttoϫlty giv,eĽine:ľ-Ŀiŀ#Łł :beŃali Í:ìí Ç-ÈjÉ:,Ê-:Jiri;:Ën$S, n:cogni:r.ances, corutact:s oflndemnityand mher-writiК-,ob:fJ in the namre theteb{,', _Thtf-Me Ϛ ilHl-necessary 'J'tlr th¢ v.a1J41ty pfany bond$,_an'd,\!ń:J:n$s Ҧgn:imnees, ! writings obligawty, in the natUre lhe:feOf; ' ' ' ' : ' " ' ' ' ' > ' 3, , Aurimey{s)·iil:)F'act shitfhaVe-power and Ѻthtitil.y to ex-ecute ˀ:affiQavits -Ѷir«! w be.aniithed:toJ;Iol}dS, _-r«Qgni:tllm:es , .:ootѹa ofindi:n\itlty _-or -ϯ-c®ith:IM1:Gt Obllgafflr)',_'limieņllg!l-Ň ʯ-,$bali a.ll!O have power at!d mn!w'rlty to -certify 1fu:- flriilrn:ial ҟt-of the Company and w CQ}Jitso vf the By·LaW$t>f the Con!pany or-MY ankitHw $eC!ion thef¢(.- ' ' ThbPower-ofAttomeJ is'Siň:ilnd sea'*tl)l;-fʼn;;nh_eŊndid: - ŋ-by-Ōth!?fil)' t)f¼-fuJJōng ' _Ŏblrion-f!dl)pten_py_-_ã'--aiConve and -ÀiÁÂ:-ÃÄ-ÅMnrÆ , United Pad fie Iѷrance . C . ompany-and lWJarn:e National . . Im:leirlnity Company by 'CO!iient dated u -of feϛ :ZlL, 1994- and by the ExCCer•16, 1997. • " STA'rE Of \/Vashlf!glon .QPUI"ff'( OJ' KlNg . ••RELIA!'1GµÌʹγÏ9ÐANY· • . . · ʹl,IANf,:Eif.ISUFQ\ʺECO.M!"ʻ¥ UNI{:EO PJ;,(lll71C INS\IRA.J'l(l.E C<;\M!"ʵY· l'IELIANCENATIONAL INOEMNITYCOùANY On this, Sepll!mbê 16, 1997, before me, Laura L Wadsw'octh, personally appeaƅd Mark w. AlsuÜ· æljQ. aßknowledged hl/1ls;JII.iç ʩ tfie'\lipe Prl ln%nil,y C¢mpany and, that as sucli, being authoriZed to do so, executed. the foiegoing instrument J<>r the purpose thjl(ein contaihed{b,Y signing !f)e name corporation by himself as its duly ƈƉthorized .officer. In Witness wherepf, I hereunto set my !land Ɗrtd official seat l, 9obyn t.ayng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNI'TeO PACIFIC tNSliÞEÝP' ANY, and RELIANCE .NATIONAL INDEMNITY COMPANY do.hƋrebycertify that the above and foregoirtgis a t!!Je and· correct copy of the Power of Attorney executed by said Companies, whiCh is.stiU in full.fOr<:l! <'.rid effect. ---PAGE BREAK--- Certif-ol Coverage This is your official certificate of indUifltrittl iitBlf?'Q;Iice coverag!L You are required by law to post both this certificate and copies of the poster entitled #Notice to Etitploy_esʥ", Ctill-the toll.free number below to request copies of the poster . • W® ®lro o lfil I ²© lfil State Fund The employer named below is . a.n, insured policyholder with the Washington State Industrial Insurance Trust; Fund. This certificate is valid as long as the employer's account remains in good standing with the Washington State Fund. UBI#* Employer Date •Your Unified Business Identifier aeeount-_ nlll'.QbeR-i_S-riow _ the only number you need for all transactions with the state of Washington concerning the Department of 'Revenue, the, Department of Licensing, the Department of Employment Security, the Washington State Fund and the office of the &lcretaxy of State. F21H4H)I)O (5/87) §@490 Department of Labor and Industries, Olympia. Washington, 98504-D631. Toll-fi-e.ʦ 1-800-547-83trr1 c J ) 3l ---PAGE BREAK--- A ssociated Ind Agencies P.O. Box 717 Pu11man, WA 99163 INSURED Ace Elliott Landscaping P. 0. Box 301 Pullman, WA 99163 Ext: COMPANY A COMPANY B COMPANY c COMPANY D Mutual of Enumclaw Ins. Co. INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIM$_ co LTR A A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO All OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO A X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! PARTNERSfEXECUTIVE OFFICERS ARE POLICY NUMBER 1737 CP30001192 PK31737 POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/ODNY) OA TE (MM/ODNY) 04/25/1998 04/25/1999 04/25/1998 04/25/1999 04/25/1998 04/25/1999 LIMITS GENEf;AL AGGREGATE PRODUCTS • COMP/OP AGG PERSONAl & AOV INJURY EACH OCCURRENCE BOOIL Y INJURY {Per person) BODILY INJURY {Per accident) ' ' ' $ $ ' $ PROPERTY DAMAGE $ El DISEASE- POUCY LIM!T $ EL DISEASE- EA EMPLOYEE $ 1,000,000 City of Moscow, Idaho is Additional Insured with respect to work performed on their behalf by Named Insured under contract of Washington - Jefferson I Hwy. 8 Watermain Replacement. CITY OF MOSCOW PO Box 9203 Moscow, ID 83843 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL J{ѳѴ MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,