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CONSTRUCTION CONTRACT NORTH POLK STREET WATERLINE LI.D. N0. 135-20 10 THIS CONTRACT, dated this 61h day of April, 20 10 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Germer Construction, Inc. (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 four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: North Polk Waterline L.I.D. No. 135-20 10; 3. Bid/Proposal of the Contractor, dated March 10, 20 10 , physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addendum No. One issued prior to opening of bids, attached; 7. Change Orders which may be delivered or issued after the effective date of this Contract. 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 for City of Moscow project titled: NORTH POLK WATERLINE L.I.D. NO. 135-20 10 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before THIRTY-FIVE (35) 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. PAGE 1 -CONSTRUCTION CONTRACT 2.bl0·14 ---PAGE BREAK--- ARTICLE 4. 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 ONE HUNDRED NINE THOUSAND NINE HUNDRED TWENTY-SIX DOLLARS AND SEVENTY-FIVE CENTS (109,926.75). 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. ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the plans and specifications 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 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 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 I Engineer and the City. ARTICLE 9. 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. PAGE 2 -CONSTRUCTION CONTRACT ---PAGE BREAK--- 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 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 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions or 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. ARTICLE 13. LIVING WAGE I MINIMUM WAGE As a condition of this Agreement, the Contractor shall pay to all laborers, mechanics, subcontractors, employees, agents, and assigns who perform for City pursuant to this Agreement, working full time, the living wage/minimum wage established by City of Moscow Resolution 2006-18. Such City living wage/minimum wage shall be that in effect on the date of execution of this Agreement. 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: Germer Construction, Inc. 140 E. Pal ouse River Drive Moscow, ID 83843 City: City of Moscow P Box 920 3 Moscow, ID 83843 PAGE 3- CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. state of ¹/70 County of :ftt h ACKNOWLEDGMENT ) ) ss ) On this 10 day of n / , 2010 , personally appeared Larry Germer an Dav1d Germer known to me to be the President and Vice President of Germer Construction, Inc. described in the above document and acknowledged to me they executed the same. My commission expires: 3 -3 -J0/1 Date PAGE 4 - CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BfD PROPOSAL I II , II This proposal is submitted as an offer by the undersigned to enter into contract WJ Lh the City of Mdscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for NORTH POLK STREB WATERLINE LID NO. 135-2010, specified herein and which construction documents are on file with the City! Engineer, City _ Hall Annex, Moscow, Jdaho, and which are a condition hereof with the same force and effect as thbugh they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention an1 understanding • of the and the agreement of the CITY to the terms and prices herein submitted. ñ l. All project specifications and drawings examined by the undersi gned and their terms an conditions are 11. hereby agreed to. 2. 4. 5. 6. 7. 8. 9. 10. The undersigned certifies that he has received or made himself aware of any and a 1 existing site conditions that may affect the p roposed work. I It is understood that the contract drawings may be supplemented by additional I drawings and specifications in explanation and elaboratJOn 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. The undersigned will furnish separate performance and payment bonds in the full amountjof the contract price. i I The cash, certified check, bid bond, or cashier's check accompanying this proposal shall ibe forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to exe<:ute the contract, furnish performance and payment bonds, and insurance certificate as Vequired by the specifications 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. Th•ɵ undersigned further agrees that the CITY shall have the right to accept or reject MY bid which rej=u, 3t 2,00 before me, en= , N20o,_, ta,_ ry,_, P Date Here Insert Name and nHe of the OffiCer personally appeared y _ Name(s} of S1gner(s} . ¬ COMM. # 1791640 NOTARY PUBLIC CAUfOANIA ORANGE Name and T itle: eUAVs:!..!.hWb!J:y _ _ _ Attorney-In-Fact (FOR INFORMATION ONLY Name, Address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or STONEBRAKER McQUARY AGENCY GROUP other party): PO Box 9 CLARKSTON, WA 99403 (509)758-5529 AlA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.-AIA THE AMERICAN IN STITUTE Of ARCHITECTS, 1735 NEW YORK AVE. , N W, WASHINGTON, D.C. 20006 THIRD PRINTING, • MARCH 1987 A312-1984 1 ---PAGE BREAK--- 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 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 b y 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 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 b y 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 ·AlA • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20006 A312-1984 2 ---PAGE BREAK--- 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 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 b e 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 DEFINITIONS 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 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. 12.4 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. (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) Name and Title: Signature: Name and Title: Address: Address: AlA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND- DECEMBER 1984 ED.- AlA' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING- MARCH 1987 A312·1984 3 ---PAGE BREAK--- POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,1RVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make. constitute and appomt ***Della J. Allen, Cherie Ashby, Lisa Smith, Karol McBride, James M. Hewitt, jointly or severally*** as thetr true and lawful Attorney(s)-in-Fact. lo make, execute. deliver and acknowledge, for and on beha[ of said corporabons. as sureties, bonds, undertakings and contracts of surety Ship giving and granting unto sa1d Attorney(s)-in-Fact full power and authority lo do and to perlorm every act necessary, requ1site 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 sa1d Attorney(s)-m-Fact, pursuant to these presents, are hereby ratified and confirmed. Th1s Power of Attorney is granted and is signed by facs1mile under and by authority of the follow1ng resolutions adopted by the respecbve Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008 RESOLVED, that the chairman of the Board, the President and any VIC€ President of the corporation be, and that each of them hereby is. authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary 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 certificate bearing such facsimile signatures shall be valid and b1ndmg upon the corporations when so affixed and in the future With respect to any bond. undertaking or contract of suretyship to which 1t IS attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by the1r respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008 By: V State of California County of Orange On before me. nn uy'"' , Date Here Insert Name and Title of the Officer personally appeared . Pa Ȟ te:..a n;.:d...::Cc.:h.:carȟ le.:. y _ Name(s) of Signer(s) . JENNY TI NGUYEN i . " _ COMM. # 1791640 NOTARY PUBLICȠ ORANGE C0UHTY My comm. expires Feb. 19, 2012 Place Notary Seal Above who proved to me on the bas1s of satisfactory ev1dence to be the person(s) whose name(s) 1slare to the within instrument and acknowledged to me that he/she/they executed the same 1n his/her/their authonzed capaCity(ies), and that by his/her/their signature(s) on the Instrument the person(s). or the enbty upon behalf of wh1ch the person(s) 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. CERTIFICATE The unders1gned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remams in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of sa1d corporations set forth in the Power of Attorney, are in force as of the date of this Certificate . Th1s Certificate is executed in the City of Irvine. Calrtorma. the \J-\v...day or 'L.'0\0 By: %elary tD-1380(Wet)(Rev 07/07) ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 89 _ AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Germer Construction, Inc. 140 E Palouse Drive Moscow, ID 83843 OWNER (Name and Address): City of Moscow PO Box9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: April 5, 2010 Amount: $109,926.75 Developers Surety and Indemnity Company PO Box 19725 Irvine, CA 92623 Description (Name and Location): North Polk Street Waterline L.I.D. No. 135-2010 BOND Date (Not earlier than Construction Contract Date): _A_:,p_ri_l _13 , 0_10 _ _ _ _ _ _ _ _ _ Amount: $109,926.75 Modifications to this Bond: liQ None CONTRACTOR A S PRINCIPAL SURETY 0 See Page 6 Company: (Corporate Seal) Developers Surety and Indemnity Company Signature: e -t Name and Title: 0 Cherie Ashby Attorney-In-Fact (FOR INFORMATION ONLY Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESEN TATIVE (Architect, Engineer or STONEBRAKER McQUARY AGENCY GROUP other party): PO Box9 CLARKSTON, WA 99403 (509)758-5529 AlA DOCUMENT A312- PERFOR MANCE BOND AND PAYMENT BOND DECEMBER 1984 ED-AlA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., IN W. WASHINGTON, D.C. 20006 THIRD PRINTING- MARCH 1987 A312-1984 4 ---PAGE BREAK--- POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make. constitute and appoint ***Della J . Allen, Cherie Ashby, Lisa S mith, Karol McBride, James M. Hewitt, jointly or severally*** as their true and lawful Morney(s)-in-Fact, to make, execute. deliver and acknowledge, for and on behaȏ of said corporations. as sureties, bonds, undertakings and contracts of surety ship giving and granting unto sa1d Attorney(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 lo each of said corporations full power of substitution and revocation. and all of the acts of sa1d Anorney(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed. Th1s Power of Attorney is granted and is s1gned by facs1mile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st. 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each or them hereby is. authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretysh1p; and that the Secretary or any Assistant Secretary 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 relat1ng thereto by facsimile, and any such Power of Anorney or certificate bearing such facs1mile signatures shalt be valid and binding upon the corporations when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to wh1ch it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INOEMN11Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused 1!1ese presents to be signed by lhe1r respective Vice President and attested by their respective Assistant Secretary this January 1st. 2008 By. Chartes L. Day, Ass1stant Secretary State of CalifomJa County of Orange On g us 3th , 2"'00 _ _ _ before me, _ _ _ _ _ _ _ _ _ _ _ _ nn y TT uy n, o, ta"' ry l.!P Ȑuȑ blȒ Date Here Insert Name and TiUe of the Officer personally appeared - - - - te :L p he . _ Pa ec._ an art L_ . D .L y _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ , . Place Notary Seal Above Name(s) of S1gner(s) who proved to me on the basis of saȓsfactory evidence to be the person(s) whose name(s) is/are subscribed to the withJO instrument and acknowledged to me thai he/she/they executed the same in h1slher/the1r authonzed capac1ty(les), and that by his/her/their signature(s) on the 1nstrument the person(s). or the entity upcn behalf of wh1ch the person(s) acted. executed the instrument I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph IS true and correct. CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURE1Y AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the forego1ng Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolutions of the respec!Jve Boards of Directors of sa1d corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed 1n the City of trvme. Californ1a, the {3 of 'I . L.o \0 ID-1380(Wet)(Rev 07/07) ---PAGE BREAK--- ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE - ɡ 4/13/2010 PRODUCER (509) 758-5529 FAX : (509) 758-5311 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stonebraker McQuary Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 616 5th S t . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 9 Clarkston WA 99403 INSURERS AFFORDING COVERAGE NAIC # - - - - INSURED INSURER A: CNA-Continental Insura:?..= 35289 Germer Construction , Inc. INSURER 8: CNA-Transportation Ins Co 1 20494 I · - - 140 E . Palouse River Dr INSURER C: State Insurance Fund I INSURERD: Moscow I ID 83843 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVII THSTAN DING 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. INSR ADD'U "lrR· it..w"Rii POLICY NUMBER A ' I . I I B I I I I I I B I I TYPI' OF X , COMMERCIAL GENERAL LIABILITY X 00 ooo¢ eo4950330B I ! GEN'L AGGRFi LIMIT APPLIES PER: ; 1 X I POLICY vrgT : LOC I AUTOMOBILE LIABILITY 049003437 H ' X ALL 01J'oA'.IED AUTOS I HIRED AUTOS I I NON-01J'oA'.IED AUTOS I I I H : I ! GARAGE LIABILITY I I H ANY AUTO I ! - UVESS I UMBRELLA LIABILITY I ¤ OCCUR D CLAIMS MADE -ɣ I X : , DEDUCTIBLE '[PHONE REDACTED] r--1 RETENTION $ I C ! WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y 1 N I ANY PROPRIETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? I (Mandatory In NH) 530352 : If tes, describe undet . S ECIAL PROVISIONS below I I J2iGHrt8fl), 5/9/2009 I I I I 5/9/2009 I I I i I I I I I I 5/9/2009 I 4/1/2010 : I}\fy EXPIRATiO T -ä LIMITS 5/9/2010 l I I 5/9/2010 I I I 1 5/9/2010 I I I ! 4/1/2011 I EACH occuRRENɮɯ--l_s _ ɤ 000, ooo DAMAGE TO RENTED I_P!'t!I!SES (Ea. occurre'!C")_ I $ --ɢ100, 000 MED EXP (Any one person) Is 5 , 0 0 0 PERSONAL & ADV INJURY I s 1 000 000 GENERAL AGGREGATE Is 2,000 , 000 , PRODUCTS • COMP/0!-G $ 2. , O().O ,_oop_ COMBINED SINGLE LIMIT $ 1 , 000, 000 · (Ea acc1dent) I - - - - åæçèéê Y INJRY ' $ j (Per person) , . - - - I BODILY INJURY ; s (Per accidenl) l s ! PROPERTY DAMAGE I (Pet accidenl) AUTO ONLY · EA ACCIDENT I s OTHER THAN EAACC $ i AUTO ONLY: AGG $ : EACH OCCURRENCE Is i AGGREGATE I s i" õ- - I i s ! $ - - - ¥iifJ;¥s.LJ¦l§-¨- _ EACH ACCIDENT £ $ 1001 000 DISEASE · EA EMPLOYE - $ 100, 00 - C J l E.L. DISEASE · POLICY LIMIT I $ 500 000 i i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Cl.ty of Moscow, Idaho l.s Addl.tl.onal Insured wl.th respect to work performed on thel.r behalf by Named Insured under contract of North Polk Street Waterll.ne L . I . D . No . 135-2010 on all the Workers Compensatl.on coverage CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Moscow DATE THEREOF, THE ISSUING INSURER WILL W)(<)V.1AIL DAYS WRITTEN P 0 Box 9203 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,XYZ Moscow , ID 83843-1703 )14ɥɦɧ>0:ɨɩ)(ɪɫɬ ɭ AUTHORIZED REPRESENTATIVE ã Cherie Ashby/CHERIE a...u © 1988-2009 ACORD CORPORATION. All reserved. ACORD 25 (2009/01) INS025 (200901 J The ACORD name and logo are registered marks of ACORD