Document Moscow_doc_0de6019046

CONSTRUCTION CONTRACT THIS CONTRACT, dated this 8 th day of December, 1998, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Motley-Motley, 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 (4 ) and the following: 1. Advertisement for Bids; 2. Project Specifications titled: Mountainview Storm Sewer-1998, White Avenue Bridge to Joseph Street; 3. Bid/Proposal of the Contractor, dated December 2, 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 Contract; 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. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete within forty-five (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. PAGE 1 - CONSTRUCTION CONTRACT ---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 sixty-one thousand four hundred fourteen dollars and fifty-five cents ($161,414.55). 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 perfonm 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 /INDEMNIFICATON In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save hanmless 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 seNe 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. 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: Motley-Motley, Inc. P.O. Box42 1 Pullman, WA 9916 3 ARTICLE 14. EXECUTION City: City of Moscow 206 East Third Street P.O. Box 920 3 Moscow, ID 8384 3 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. President Î " 11 Secretary d PAGE 3 -CONSTRUCTION CONTRACT ---PAGE BREAK--- State of · County of l.t..7ËÌÍ ACKNOWLEDGMENT ) ) ss ) , 1998, before me, a Notary Public of the State of , personally appeared in their official capacity as president and secretary of Motley-Motley, Inc., known to me to be the persons described in the above Notary Public residing at: My commission expires: 'fĖ'Zi!!-C> I Date PAGE 4- CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: 'iJu:_ /773 ' This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for MOUNTAIN VIEW STORM SEWER - 1998, WHITE AVENUE BRIDGE TO JOSEPH STREET specified herein and which construction documents are on file with the City Engineer, City Hall Annex, Moscow, 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 CITY to the terms and prices herein submitted. 1. 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 1 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 in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required 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. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. Page 1 ---PAGE BREAK--- I I I 7. 8. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. The undersigned, through been examined as as a bidder, acknowledges that Addenda Number ̋ have been delivered to him and have part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number 10850 -A.4tl-L-;J..-3 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty b. ?oe.. Idaho Public Works License No. I ?.ptO -A-14-3 .41'1-A-- Ĕ $ Amount 31;250Ê ē s-;ooo ' 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for MOUNTAIN VIEW STORM SEWER - 1998, WHITE AVENUE BRIDGE TO JOSEPH STREET as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: Page 2 ---PAGE BREAK--- BID SCHEDULE I tan ITEM DESCRIPTION & UNIT ' Rarove/salvage existing culverts per lineal f=t 239 l.f. , 2a. 60" Storm se.er pipe per lineal foot 1048 l.f. -2b. 60" X 22.5 deg:t:ee bend per each 2 ea. ·2c. 24" Sto:tm se;er pipe per lineal f=t 38 l.f. C2d. 24" X 22.5 deg:t:ee bend per each l ea. .3a. Trench excavation {60") per lineal f=t 1058 l.f. o-1b. Trench excavation {24") per lineal f=t 48 l.f. 3c. . Backfill Class (60") per lineal foot 902 l.f. v·3d. Backfill Class {60") per lineal foot 156 l.f. v3e. Backfill Class (24") per lineal f=t 20 l.f. vJf. Backfill Class (24") per lineal f=t 28 l.f. i/4. O:nstruct drcp inlet per each 1 ea. v 5. Trench over excavation per ·cubic yard 30 c.y. ;6a. Encase watez:nain sta. 25 + 81 per lurrp SI.Jll 1 l.s. v6b· I..cf.ler watez:nain @ station 30 + 29 per lurrp sun l l.s. v6c. I..cf.ler watez:nain @ station 34 + 68 per lurrp SI.Jll l l.s. .J 7. O:nstruct headwall per lurrp SI.Jll l l.s. UNIT PRICE $ .tj;tg- $ 70e9- $ c zsoo:::- $ $ /03§ $ $ 3'1X $ q[oo - $ lbÀ L/30 $ 705à $ ?7 t :34..5Ä $ ;2 Đ t>V s ;2 t.t:JO 3;873] $ ' p I I '!'OrAL PRICE I s I 171Å $73 30od-J $ 3,s-oo"'el s tet9 1 I $ IV fff"t\ I $ 388Æ 1 $ 35,178, > 1 35;.2 , . I $ 331W f;;;.oÈÉ $ 7o5""" $ B:J.3Z - 3C..5Á $ $ ,?t:JC! • • đ?'0Ē $ 3 age 3 ġ ---PAGE BREAK--- 8. Coocrete cap per square yard · 9. Traffic control per lu:rp sum 10. MObilization per lu:rp sum SEAL (if incorporated) Dated at ] 119 s.y. $ l l.s. $ l l.s. $ Total ;;27' tz;2- ¼ I a()()6b $ :::Zr$5¾ Ď $ ;?.J5 ½ ' $ ToocU· f:o. 8a,v tup. i'i-/?5 Mailing Address ' Public Works License No. State of Incorporation if Incorporated This p-'!5 day of , 1998, Page 4 ---PAGE BREAK--- CITY OF MOSCOW M01JNTA!N'VIEW STORM SEWER l99S WHITE A VENUE BRIDGE TO JOSEPH STREET ADDENDUM No" I NOV. 23. 1998 The folloWing changes, additions, and I or deletions are hereby made a part of Moscow. Mountainvicw Stonn Sewer 1993, White Avenue Bndge 10 Joseph Street Project. as fully and completely as if the same were entirely set forth in the Plans, Specifications and Contract Documents, The corrections, clarifications, changes aud approvals described herein shall become an integral part of any contract entered into between the Owner and rile Contractor. TECHNICAL SPECIFICATIONS: Make the following changes to the specifications: GENERAL, Page 34. Paragraph 4. Add 1o the end of the last sentence: opened each evening up until the concrete cap is placed and again after the cap is cured Page 35, Paragraph 5, Add to the end of llle paragraph: The City of.Moscow has a site for disposal of waste material near the project. Contact the City Engineuing Department for details and conditions TS..l, REMOVE I SALVAGE EXISTING CULVERTS, Page 35, J, Add to the end of the first sentence: access eacb night up until the concreie cap is placed and again q{ler the cap is cured. TS·2, 60 INCH STORM SEWER i 24 INCH STORM SEWER, Page 37, Paragraph 5, Add the following ro tlre second parngraph: on the 24 inch stem with eighl no. 4 bars, 2 per side spaced equally, installed as directed. TS-3, TRENCH EXCAVATION AND BACKFILL, Page 38, Paragraph 1, Add tllc end of the first paragraph: The City oflvfoscow has a site for disposal of waste material near the project. Contact the City Engineering Depal'iment for details and condifions, TS-3, TRENCH EXCAV ATTON AND BACKFILL, Page 39. Paragraph 2. Add tlte following to !he first sentence: The intent of this item is. to grub the ditch slopes and excavate enough . . TS-6, LOWER I E N CASE WATER MAINS, Page 4l, Paragraph 4, Add the followmg after the ilwd sentence: Retainer Glands shall be used on all mechanical joint connections, Receipt of ADDENDUM NO ONE must he ack!lowledged. This dccumcnt muSI he signed aru:l attached to the proposal to acknowledge its receipt Date Name ---PAGE BREAK--- P.02 CITY Of MOSCOW MOUNTAJNVTEW STORM SEWER 1998 NOV. 30. 1998 WHITE A V'El\.'UE BRIDGE TO JOSEPH STREET ADDENDUM No. 2 DETAILS AND CONDITIONS FOR WASTE MATERIALS ON ABANDONED RAILROAD PROPERTY SOUTH OF STATE HIGHWAY 8/ EAST OF MT. VIEW RD. GENERAL: There are caru.in ditches , low areas and shoulders along the abandoned railroad bed that may receive native materials. The amount of materials that can be placed in these areas has not been determined. Most of the designated areas will require some form of compaction and shaping to he accept.ed. Any damage to the existing gravel surface must be repaired once the contractor is completed. The contractors should consider the weather and soil conditions before attempting te u•e this wa•to area All of the following conditions must be met: CONDITIONS: l. Vehicles will not be allowed on the railroad bed if l>ersistent damage occurs such as rutting and other structural failures. The contractor will repair all damages. 2, Waste materials dumped on the railroad bed will be removed immediately and placed into the designated waste location£ with approved equipment. If the area requires compaction, the contractor will have acceptable equipment on hand to accomplish this as the material is being placed. 3. The contracter will replace all contaminated rail bed gravel with similar rock upon completion of waBting mater1al.s. 4. All waste material will be •haped tc the desired slopes, clJvations, widths, and surface as directed by the City Engineer 5. It may he necessary for the contractor to $hape shallow ditches in the waste area. to eliminate ponding from highway runoff water. 6, Erm!ion control methods wtll be required of the contractor durmg and after placing waste material along the rail bed. Silt fencing and straw bales will be required at all culvert inlets. 7, The contractor muH place advanced warning signs on affected roadways to alert traffic of trucks turning or entering roadway. 8. Some type of surety or bond may be required of usmg this area for waste material. 9. The City may step any and aU usc of this area as a waste site if 1t feels that compaction is not being met, weather conditions are affecting the proper placement of matenal or if excessive damage to the rail bed is occurring. 10. Should the waste materials be unable to be placed in accordanec with the above described conditions the contractor shall furnish his own waste •it.e at no additional cost to the City. Receipt of ADDENDUM N0.2 muBl be acknowledged. This document must he signed and attached to the proposal to acknowledge Its receipt. Name Date I;FSra?A -c I Title ---PAGE BREAK--- UNITE PACIFIC INSURANCE CO "ANY HEAD OFFICE. PHiLADELPHIA. BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A·310 (FEB. 1970 EO.) KNOW ALL BY THESE PRESENTS. that we MOTLEY-MOTLEY. 'NC. P.O. BOX 421 PULLMAN, WASHINGTON 99163 Bond No. as Principal, hereinafter called the Principal. and the UNITED PACIFIC INSURANCE COMPANY of Philadelphia, a corporation duly organized under the laws of the Commonwealth of as Surety, hereinafter called the Surety, are held and firmly bound unto c 1 TY OF MOSCOW as Obligee, hereinafter called the Obligee. in the sum of F 1 VE PERCENT OF ."MOUNT 81 D Dollars IS 5% I. 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. successors and assigns. jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 60" STORM SEWER ON MOUNTAIN ViEW NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished 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 difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this SDU·2305 11193 SG·2925iEP 1194 2ND day of DECEMBER A.D. 19 98 INC. iPrincipaO (Seal) UNITED PACIFIC INSURANCE COMPANY PRINTED iN U.S.A. ---PAGE BREAK--- RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTMTIVE OFFICE, PHILADELPHIA, POWER OF' ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del­ aware, and that REliANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of th e Commonwealth of and that RELIANCE NATIONAL INDEMNITY CQMPANY is a .corporation duly organized' under the Jaws of the State of Wisconsin (herein collectively cat1ed "'the Comp,anies"} and that the Comp;,tnies by virtue of signature and seals do hereby make, constitute -and appoint WiUiam H. Davis_. William A. May. of SpokaneJ Wasl\ington their true and lawful Attorney(sJ-ln--factȤ to make, execute, seat and deliver for and on their behalf, and as their act and deed any and aU bonds and undertakings of suretyship and to bind the Companies therelJy as fuJly and to the same extent as if S'!JCh bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and se:aled- and attested by one other of such officers-, and hereby ratifies and confirms aU that their sa;id Attorney1sJ inȥFact may do in pursuance' hereof. This Povver of Attorney is granted under and by the authority of Article VU of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED . PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY whioh provisions are now in fun force and effect, reading 'as follows: ARTICLE VJI , .EXECUTION OF BONDS AND 1, The Board of' Oirsetors, the President. tOO of Vre Soarti, any S_en!m Vice- President,- ifi'.flact shall have pOwer and autho!itY ui execute ǽffid;.lvits required 'ltl he- attached to bonds, rec0{¥lizances, coqtracts oFlndenmity or OǾr or obllg:atwy undertak.lngs and tMy Shall also have power and iMilotity to -ce'rtify the 1/nancial stattm'Jent zyf tha Company and to- eopii.ls of th-e Sy,.£.aws of the Company or any article or section theraut, ThiS Powet of Aʺtomey is- signed and :Slmled by facsimile under ar;d by authority of ttte folloWing res.p]ʹtln adopted by the Ex&Gutive and Finaneǿ Committees of the &ards' of Difecwrs of Retf, CoflSant dated as february 28, '994 and by the Executive and- Financial Cmrunittoo -Of the Boanl tlf Olfect9fs of-fu.:d1ance Swety Company by Unanirnuw CQnsent 4at00 t'lf March 31 , 1994. "Resolved that the signatures nf such direetOI'S and t.lfficers and the seal of th:a Company may be affixed tn any such Power nt Attorney or any cwtiflcates relating thereto by facsiml!e,and any such P-ower of Attomey or bearlng such 1Ȁimile signatures, or facslmife _seal shall be valid and binding upon the ȁumpany and arty such l'>ower so execut$(1 and certified by facsimile signatures: -and facsimile seal sha!.l be va!id and biruiing upon the Company. m the futvre with fȂt to any bond or to which 1t i s attacll!ld," · IN W1TNESS WHEREOF. the CompaniSs have caused these- presents to be signed and their corporate seals to be hereto affixed,_ this JUlY_ HJ. 1996, STATE OF Washington } COUNTY O F King } ss.   ln witness whereof1 l hereunto set mY hand and official seat REliANCE SURETY COMPAJ'!Y RELIANCEIN$URANCE COMPANY UNITED PACIPIC INSURANCE COMPANY RELIANCE NATIONAL COMPANY Nota Public_ in and fur the State of Washi gtcn Resi mg at Puyallup • I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIȦIC INSURANCE COMP- • ANY, and RELlANCE NATIONAL INDEMNITY CoMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is stiJt-jn fuU force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2ND day of DECEMBER Assistant Secretary ---PAGE BREAK--- RE ANCE INSURANCE COMP. \IV HEAD OFFICE, PHILADELPHIA, BOND NO: 82718886 PERFORMANCE BOND The American Institute of Architects, AlA Document A311, February 1970 Edition KNOW ALL BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) MOTLEY-MOTLEY, 1 NC. P.O. BOX 421, PULLMAN, WASHINGTON 99163 as Principal, hereinafter called Contractor, and, RELIANCE INSURANCE COMPANY, a corporation of the Commonwealth of with its Head Office at Philadelphia, as Surety, hereinafter called Surety, are held and firmly bound unto {Here insert full name and address or legal title of Owner) C 1 TV OF MOSCOW P. 0. BOX 9203, MOSCOW, iDAHO 83843 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED SiXTY ONE THOUSAND FOUR HUNDRED FOURTEEN AND 55/ 100THS Dollars 161,414.55 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. '1/)1 WHEREAS, Contractor has by written agreement dated DECEMBER 14'6 19 98 , entered into a contract with Owner for MOUNTAINVIEW STORM SEWER-1998, WHITE AVENUE BRIDGE TO JOSEPH STREET in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) CITY OF MOSCOW P.O. BOX 9203, MOSCOW, IDAHO 83843 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 any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may 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 for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this Performance Bond Rsvised to February, 1970 SB 5715ax Printed in U.S.A. BOAc2304 ED. 7-71 SG-2252/EP 1194 14TH (Witness} {Witness) day of DECEMBER f I 1 'RELIANCE wJL;; · WiLLiAM H. DAVIS (Title) ANCE COMPANY (Title) ---PAGE BREAK--- 7 RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del­ aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of and that REUANCE NATJONAL JNDËNITY COMPANY is a corporation duly organi;zed- under the-laws of the State of, Wisconsin {herein, coUe-ctively called "the Companies") and that the Companies by virtue ,of signature and seals do hereby make, constitute and appoint WiDiam H. Davis. WHJiam A. MayK of Spokane" Washington their true and lawful Attorney{sHn-Fact to make; execute, seat and deliver for and on their behalf, and as their act and, deed cmy mn:l all bonds and undertakings of suretysl)ip and to bind the Companies thereby as fully and to the same_ extent as if such bonds and-_undertakings and other writings obligatory in the nature thereof were signed by-an Executive Officer of the Companies and sealed and attested by one other of such officersĜ and hereby ratifies and all that their sald Attor:ney(sHn-Fact :may do in pursuance hereof. This Power of Attorney is granted under and by -the authority of Article VU of the SyĝLaws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY Which provisions are now in fuJI force and _effect, reading as follows: ARTICLE Viiɂ EXECUTION OF OONOS AND UNDERTAKINGS 1. The Board of Directors, the Ptes!dent, the ClmimɅan of the Boatd, any Senior Vlce President, any Vice President or Assistant Vie relating thereto by tacsimtle,arni any such Power of Attorney w certificaM bearing such taeslmi!e stgnatums or facSimile seat shall ba valid and binding upon tM Company and ,fitlY such Pow1:1l' so­ executed and certifi$0 by facsimile signatures and facsimile sool shall be valid and birtding upon the Company, in the future with respect to any bond or Ulidertaklng to which it is "ttached.Ʉ IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their -corpOrate seals tO be hereto affixed, thiĞ JUly 19ğ 1996. STATE OF Washington ) . COUNTY OF King ) ss. RELIANCE SURETY. COMPANY RELIANCE INSURANCE COMPANY UNITJ!D PACIFIC INSURANCE COMPANY REUANCE NATIONAL INDEMNITY COMPANY On this, July 19, 1996r before me, Janet-BlankleyĠ-personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, and the Vice President of Reliance fnsurance Company, United Pacific lnsurance Company, and Reliance National lndemnity Company and that as such, being authorized to do _executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized , fn witness whereot l hereunto set my hand and official seaL Nota v Public in and f.NCE COMPANY, UNITED PACIFIC INSURANCE COMP­ ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and cottect copy of the Power of Attorney executed by said Companiesġ which is stilf in ful1 force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 4TH day of DECEMBER 19 9 8 . Assistant Secretary ---PAGE BREAK--- RE ANCE INSURANCE COMP. čy HEAD OFFICE, PHILADELPHIA, 8271888 LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, 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 BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) MOTLEY-MOTLEY, INC. P.O. BOX 421, PULLMAN, WASHINGTON 99163 as Principal, hereinafter called Principal, and, RELIANCE INSURANCE COMPANY, a corporation of the Commonwealth of with its Head Office at Philadelphia, 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 P. 0. BOX 9302, MOSCOW, IDAHO 83843 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED SIXTY ONE THOUSAND FOUR HUNDRED FOURTEEN AND 551100THS Dollars (S 161 , 414. 55 1. for 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 contract with Owner for by written agreement dated DECEMBER US MOUNTAINVIEW STORM SEWER-1998, WHITE AVENUE 19 98 , entered into a BRIDGE TO JOSEPH STREET in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) CITY OF MOSCOW P. 0. BOX 9203, MOSCOW, IDAHO 83843 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 Principal shall make payment to all claimants as hereinafter defined, for 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 full force and effect, subject however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light heat, oil, gasoline, telephone service or rental of equipment directly applicable 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 claimants 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 for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit BDR-2304A - ED. 7-71 SG-2253/EP 1!94 Page 1 of 2 ---PAGE BREAK--- 3. No suit or action shall be corn 1ced hereunder by any claimant a) Unless claimant, other than one having a direct contract with the Principal. shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail. postage prepaid, in an envelope addressed to the Principal. Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond Signed and sealed this labor and Materia! Payment Bond Revised to February, 1970 SB 5715ax Printed in U.S.A. BDR·2304A - ED. 7-71 SG-2253/EP 1194 14TH (Witness) (Witness} day of DECEMBER 19 98 MOTLEY-MOTLEY, INC. (Seal) {Principal) (Title) RELIANCE INSURANCE COMPANY JJ)ifA,,ctJ[kN Attorney-in-fact Page 2 of 2 ---PAGE BREAK--- RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE .SURETY COMPANY is a corpoSident or Assistant Vlce President or other officer designated by tbe Bpard uf Directors shall hav-e power and aul:borlty tl) {aj appoint Attorrtey{S}-in..fatt and to authorize th;!m to exacute on behalf of :thl!! Com_pany. bonds and unU!lrt-akings, rm::ognizağs. -cot; tracts 'Of Jodemnity i- and other obligatory ln the nature thereof, and to rerrwve aMy stroh -at any t1me aM revoke tfm,Power ,and authority {liven to them, 2. shaj! have'power and authority, f>Ubject to the t&ms andl!rhi1tUons of the POWt!r ot Attorney iSs:tled to thet:n,- t'n-eXecote (!)-behalf of the Company, bond$­ a'nd undertakings, recognizancesɂ ronttl¢1:s pf and other wr{tings obligatory in the rwture thereof. The corporate Mal is: not n»cessary fnr the vatidity fJf any and undertakings, ; t¢c:Qgnizances, ed mat the $fgnawres of suɆ:h directors and -officers and the seĞ Qf the Company may be affixed to any such Powiir of AttOfJ¥l:Y or any eertificates-tclat!ng thereto by facsimikt,and any sudl :Power of Attorney or <:::ertffielld and b!nt!lng upon,the Company anQ any such f>ower so executed arni certifiOO by signatures and seal shall he valid and blnding upon the Company. in the ftɅture with respect to any bond or utldl'#'t.aklng to which it I$ attaehed,H lN WITNESS WHEREOf, the Companies have caused these presents to be signed -and their corporate s / , > . • • • • . . . : \ . • · ' '··HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES HEREIN !S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE þEEN REDUCED BY PAID CLAIMS. co LTR A A A lYPE OF INSURANCE ! GENERAL LIABILITY LIABILITY I I CLAIMS MADE ¹ OCCUR P OWNER'S & CONTRACTOR'S PROT CG 2503 INCLUDED I P At«AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS ÿAGE LIABILITY _ ANYAUTO ĝ l "XC"e.e I'R" nY =j UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY THE PROPRIETOR/ M . INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL 1 OIHc" ' CITY OF MOSCOW IS ADDED STORMS EWER 1996 - WHITE l v ̆ • w•vM > HOLDER CITY OF MOSCOW, P . O . BOX 9203 MOSCOW ID 83843 ACORD 25-S (1195) ' POUCY NUMBER I POUC'Y EFFECTIVE O¶µ´ ( EXPIRATION LIMITS I DATE (MM/OONY) MMIDDIYY) I $ 1 , 00 0 ' 00 0 1MP301456980 00 0 9/ 3 0 / 9 8 0 9/ 3 0 / 9 9 · COMP/OP AGG S l , 00 0 , 00 0 I · •nv INJURY s l , OOO , 0 0 0 EACH • 1 ' 0 0 0 ' 0 0 0 FIRE DAMAGE • • 5 0 , 00 0 MEDI $ 5 ' 00 0 lMP301 456960 0 0 0 9/ 3 0 / 9 8 0 9/ 3 0 / 9 9 COMBINED SINGLE LIMIT $ 1 ' 0 0 0 , 00 0 I I BODILy INJURY ' ' (Per person) BODILY INJURY (Per accident} ' I PROPERTY DAMAGE • I AUTO ONLY· EA ACCIDENT • l AUTO ONLY: EACH I • $ I EACH• ' ' I • ' I : I I I OJý· ! EL EACH ACCIDENT I s 1 , ooo , ooo 1MP301456980 00 0 9/30/96 0 9/ 3 0 / 9 9 I £L . POLICY LIMIT I s 1 , ooo , ooo 1 EL DISEASE . I I s 1 , ooo , ooo . ITEMS AS ADDITIONAL INSURED AS RESPECTS TO : MOUNTAINVIEW AVE . BRIDGE TO JOSEPH S T . CANCELLATION . . CITYOFM SHOULD ANY OF THE ABOVE DESCRIBED POLiCiES BE CANCELLED BEFORE THE IDAHO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL _1Q._ DAYS WRiTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, JillhąĆl0fćĈĉĊ.