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r r CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 23rd day of July, 1996, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Poe Asphalt Paving, 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 and the following: 1. Advertisement for Bids; 2. 3 . Project Specifications titled : City Paving Projects - 1996; Bid/Proposal of the Contractor, dated July 19, 1996, 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, to be physically attached to 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. CONSTRUCT! ON CONTRACT PAGE 1 96-37 ---PAGE BREAK--- ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before forty-five (45) calendar days from the issuance of the Notice to Proceed, unless adj ustment 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. 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 two hundred twenty-three thousand give hundred seventy-one dollars and ninety-one cents. ($223,571.91). 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. CONSTRUCTJON CONTRACT PAGE2 ---PAGE BREAK--- 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 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 account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLE 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. 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 CONSTRUCTION CONTRACT PAGE 5 ---PAGE BREAK--- 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 11. 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 PAGE4 ---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: Poe Asphalt Paving, Inc. P. O. Box 784 Pullman, WA 99163 City of Moscow 122 E. 4th 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: City: Paul C. Agidius, Mayor Secretary' ATTEST: u Elaine Russell, City Clerk ACKNOWLEDGMENT On this i2 day of 1996, before me, a NotEj9{ 1Pubfic he St<;t9=/ of personally appeared h > and in their official capacity as the president secretary of Poe Asphalt Paving, Inc., known to me to be the persons described in the above document and acknowledged to me they executed the same. CONSTRUCTION CONTRACT PAGES ---PAGE BREAK--- ACKNOWLEDGMENT On this .o-W day of a ' 1996, before me, a Notary Public of the State of da1lO: personally appeared Paul C. Agidius in his official capacity as Mayor of the City of Moscow, known to me to be the person described in the above document and same. ACKNOWLEDGMENT On this day of 1996, before me, a Notary Public of the State of Idaho, personally appeared Elaine Russell in her official capacity as Moscow City Clerk, known to me to be the person described in the above document and acknowledged to me she executed the same. CONSTRUCTION CONTRACT PAGE6 esiding at Commission expires 'WL 4 1'297 jJ ---PAGE BREAK--- BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: 7-19-96 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 CITY PAVING PROJECTS - 1996, 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 Page 1 ---PAGE BREAK--- 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. 7. 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. 8. The undersigned, as a bidder, acknowledges that Addenda have been delivered to Number 0 through him and have been examined as 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 5130-AAA-2 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Speciality Idaho Public Works License No. a. Curtis Concrete Construction -Concrete - 3280-A-4(9) b. Ace Elliott Landscape - Drainage - 4243-AA-1-2 $ Amount 13835. 00 11939.50 c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for CITY PAVING PROJECTS - 1996, 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--- ITEM NO. I-a. I-b. I-c. I I-e. I-f. I-g. I-h. I-i. I-j . I-k. I-1. ITEM NO. II-a. II-b. BID SCHEDULE Division I: Street Patching & Overlays; Curb QUANTITY UNIT DESCRIPTION & UNIT PRICE Patching, hand laid 655 sq. yds. $ 14. 77 Patching, machine laid 6, 577 sq. yds. $ 7..7.6 Soft Spot Repair 50 sq. yds. $ 20. 00 Adj ust manholes 26 each $ 187.83 Adj ust gate valve boxes/ monuments 12 each $ 141. 43 Plant mix pavement prelevel overlay 150 tons $ 36. 45 Plant mix pavement overlay 2, 400 tons $ 25.89 Aggregate base, furnished and installed 25 tons $ 25. 44 Curb removal and disposal 142 lin. ft. $ 4. 18 Construct concrete curb 889 lin. ft. $ 15. 00 Curb patch 200 sq. yds. $ 12.45 Paving fabric 1, 000 sq.yds. $ . 82 TOTAL AMOUNT BID, DIVISION I Division II: Pathways QUANTITY UNIT DESCRIPTION & UNIT PRICE Remove and dispose of 800 sq. yds. $ 2. 96 existing asphalt surfacing Construct asphalt pathways 1, 495 sq. yds. $ 4. 84 TOTAL PRICE $ 9674. 35 $ 51Q37.52 $ 1000. 00 $ 4883. 58 $ 1697. 16 $ 5467. 50 $ 62136. 00 $ 636. 00 $ 593. 56 $ 13335. 00 $ 2490. 00 $ 820 00 153, 770. 67 TOTAL PRICE $ 2368. 00 7235. 80 TOTAL AMOUNT BID, DIVISION II 9603. 80 Page 3 ---PAGE BREAK--- ITEM NO. DESCRIPTION BID SCHEDULE Division III: Parking Lots QUANTITY & UNIT UNIT PRICE TOTAL PRICE II-a. Ghormley Parking Lot a-1. Replace existing agg. base and A. C. surfacing 2,775 sq. yds. $ 10. 40 $ 28860. 50 a-2. Construct surface drainage a-3. Construct sub-surface drainage system 1 lump sum 330 lin. ft. Total Bid, Ghormley Parking Lot II-b. Animal Shelter Parking lot b-1. Grading 1 lump sum b-2. Aggregate base, furn. & installed 165 tons b-3. A. C. Paving 1, 100 sq. yds. b-4. A.C. Paving ( 4" 1 2 lifts) 265 sq. yds. b-5. Construct surface drainage system (incls. roof drains) 1 lump sum b-6. Construct sub-surface drainage system 45 lin. ft. b-7. Gravel Parking area 1 lump sum Total Bid, Animal Shelter Parking Lot II-c. Water Department Yard c-1. Replace exist. A. C. surfacing 2 lifts) c-2. Repair Soft Spots 875 sq. yds. 10 sq. yds. Total Bid, Water Department Yard TOTAL AMOUNT BID DIVISION III Page 4 $ 1900. 00 $ 11. 50 3795.00 5 . $ 900. 27 $ 9.56 1577. 40 $ 4. 20 $ 4620. 00 $ 9. 62 $ 2549. 30 $ 5727. 00 $ 11. 50 $ 517.50 $ 784. 62 16676. 09 $ 9. 43 $ 8251. 25 $ 71. 46 $ 714. 60 $ 8965.85 60,197. 44 ---PAGE BREAK--- No. SEAL (If Incorporated) Page 5 Poe Asphalt Paving, Inc. Firm Name of Bidder General lvhnager Official Title P.O. Box 784 - Pullman, WA 99163 Mailing Address 5130-MA.-2 Public Works License Washington State of Incorporation if Incorporated ' 1996. ---PAGE BREAK--- m SAFECO BID BOND 'lAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 KNOW ALL BY THESE PRESENTS, That we, Poe Asphalt Paving, Inc. uf Clarkston, WA (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety), as Surety, are held and firmly bound unto (hereinafter called the Obligee) in the penal sum Dollars($ 5% of Bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for 1996 ects NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and se'aled lhis h day oL Poe Asphalt Paving, Inc. ,10B-- Witness S-53 R811!75 Prirdpa! PRES !DENT SAFECO INSURANCE COMPANY OF AMERICA ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERl CA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. _ KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint •••PHIL STON E B RAKER; JAMES M. HEW ITT; DON McQUARY; CHERYL A. ASHBY; DELLA J . ALL EN, C l arks t o n, Was h i n g t o its true and lawful attorrury(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other dOCI..J'nents of a similar character issued in the course of its business. and to bind the respective canpany thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this day of Ma CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 19 94 "Article v. Section 13. - FIDELITY AND SURE TY 80\IDS the President. an.t Vice President. the Secretary, and an.t Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the fidelity and surety bonds and other doc\,I"'ents of similar character issued by the ccmpany in the course of its business • • . On any instn.ment making or evidencing such appointment, the signatures may be affixed by facsimile. On any conferring such authority or on any bond or undertaking of the ccmpany. the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided. however, that the seal shall not be necessary to the validity of any such instr\,I"'ent or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 19 70. "On any certificate executed by the Secretary or an assistant secretary of the Ccmpany setting out. 0) The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power-of -attorney appointment. executed pursuant thereto. and (Hi) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the may be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this day of _ S-ll74tEP 1193 ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- JUL-17-1996 16:52 'ǻSCOW CITY HALL ANNEX July 17, 1996 ADDENDUM NO. ONE Plans, Specifications and Proposal Project: CITY PA VfNG PROJECTS - !996 City of Moscow, Idaho Project NO. 111-96 1. Division II, Pathways: Eliminate geotextile from all pathways. 2. Clarification: Under Division Ill: Parking Lots of the bid schedule, page 4, the subsection roman numerals should read ill, not II. Submit the bid on the document as is. Receipt of ADDENDUM NO. ONE must be acknowledged. This document must be signed and attached to the proposal to acknowledge its receipt Date P.01 TOTAL P.01 ---PAGE BREAK--- PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That Poe Asphalt Paving, SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMEŰICA FIRST NATIONAL INSURANCE COMPANY OP AMERICA HOME OmCf: SAFECO PLAZA SEA TTJ.E. WASHINGTON $1105 Bond 5835144 Inc. (hereinafter cailea di8 Principal), u PriDClpal, anti thii sXF£co INsURANCE COMPANY OF AMERICA, a eorporahon duly organized under the laws of the State of Washington (hereinafter called the Suraty),"" Surety, are held and firmly bound unto City of Moscow , (hereinafter called the Oblieee), in the sum of two hundred twentz three thousand2 five hundred sevent:z one & 91/100 223,5 71.91 ) Dollars, for the paymeot of which wm well and truly to 60 madi, we, Uii said Prtnǹpal and the a:aid !fureiy, bmd ourselves, our heirð, necuton. administtatotS', •nccuscre ud aHigns, Jointly and severally, firmly by theA presents. Sealed with our saals end dated thi.o 25th day of July • 19 96 - WHEREAS, said Principal b111r tared into a Cot>traet with llllid Obligee, dated ' for 1996 City Paving Projects ID aecordånco Wtth the terms and COAthhons of said contract, whiCh Ill hereby refwi'id to AAd maae a part hereof u d tully set forth herein; NOW, THEREFORE, THE CONDmON OF THIS OBLIGATION IS SUCH, That if tha above bounden Principalahall well and truly keop, do and perform each aed all and •inrular, the matters and thinp in oaid -.tract t forth end specified to be by said Principal kept, dons end performed, at the times and in the mannar in raid contract specified, or shall pay over, make flOOd and reimburse to the abova namtid Obligee, all 1on end damage which aid Obligee may SUBtain by reuon of failure or dafault on the part of raid Principal so to do, tbeo this oblieation ahell be null and void; otherwise •ball remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover ca this bol>d ahell be wstained unless the same bo commenced within two years fallowine data on which Principal ceased work on raid Contract. S· 7!l71€P &/00 Poe Asphalt Paving, Inc. By ) i //fc/ / Principal SAFECO'fNSURANCE COMPANY OF AMERICA ;C4 ( - - - By V·ä, (Ǻ!LIG--, De!Ia J. Allen ®Reo1sterea traaemar«- of SAft!CO Corporation. PRINTED lN U.S.A. ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICEF SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. _ KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint •••PHI L STONE BRAKER; JAMES M . HEWITT; DON McQUARY; CHERYL A. ASHBY; D E L LA J. AL LEN, C larks t o n Was h i n g to its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other doct..ments of a similar character issued in the course of its business. and to bind the respective ccmpany thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this ----Ǽ2ǽ6Ǿtǿh d¶of CERTIFICATE Extract from the 8y-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 19 94 "Article V. Section 13. - FIDELITY AND SURETY . the President. arry Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall eaCh have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the canparry fidelity and surety bonds and other docunents of similar character issued by the company in the course of its business . On an.; making or evidencing such appointment. the signatures may be affixed by facsimile. On any instn.ment conferring such authority or on any bond or undertaking of the company. the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided. however. that the seal shall not be necessary to the validity of any such instn..ment or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 19 70. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. The provisions of Article V. Section 1 3 of the By-Laws, and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By-Laws. the ResOlution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this d¶ of S-9?4/EP 1193 ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- P.2 SAFepn INSURANCE COMPANY OF AMERICA GEN{ INSURANCE COMPANY OF AMERICA SAFECO® F1RS\ -ATIONAL INSURANCE COMPANY Of AMERICA HOME OFFICE: SAFECO Pi..AZA SEATTLE, WASHINGTON 98185 LABOR AND MATERIAL PA VMENT BOND Corforms with The American Institute of Architects A.I.A. Document No. A-311 Bond No. 5835144 THIS BOND IS ISSUED SIMULTANEOUSLY W!Tf.i PERFORMANCE BONO IN FAVOf!t OF THE OWNt:R CONO!TIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that Poe Asphalt Paving, Inc. (Here iMert full name and or !egel title of Contractod as Principal, hereinafter called Principal, and, SAFECO INSURANCE COMPANY OF AMERICA. a Washington (Here innrt lull neme and address or leQII! title of Surety) Corporation of Seattle, Washington. as Surety, hereinafter called Surety, are held and firmly bound unto the City of Moscow (Here insert full nama and addreu or leg11J title of Owned as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the runount of two hundred twenty three thousand, five hundred seventy one & 91/100 (Here if'lSert a sum ique! to Jt !Oc!t one-heM of the contract prlce} Dollars 223, 5 71. 91 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 by written agreement dated 19 , entered into a contract with Owner for 1996 City Paving Projects IH•re Insert full nam11, 'ddrau and deecription o1 proj•cti in accordance with Drawings and Specifications prepared by IHer11 lns:ert 1ull name nd or l•gel title o1 Arehltectl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract Page 1 of 2 ® Regist9rad treO:ernark of SAFECO ---PAGE BREAK--- " ' P.3 LAB OF AND MATERIAL PA VMEN: BOND XOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall prompt! y 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: otherw1se it shall remam in full force and effect, subject, however, to the following conditions: l. 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 pert of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The abO\'e named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who bas not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's 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. 3. >lo suit or action shall be commenced hereunder by any claimant: a) Cn!ess claimant, other than one having a direct contract with the Principal. shall have given written notice to any two of the foilowing: the Principal, the Owner, or the Surety above named, withm ninety (90) days after such claimant did or performed the last the work or labor, or furnished the last of the materials for wh;ch said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials Signed and sealed this 25th (Witness)