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CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 21st day of September, 1993, by and between Poe Asphalt Paving, Inc. hereinafter called the 'Contractor' and the City of Moscow, a Municipal Corporation of Idaho, hereinafter called the 'City'. WITNESSETH THAT: WHEREAS, pursuant to the invitation of the City, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 15th day of September, 1993, file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has heretofore determined that said offer was the lowest and best submitted: NOW THEREFORE, the Parties hereby agree as follows: I. Complete with Specifications That the Contractor shall comply in every way with the provisions and requirements of those certain specifications entitled: WHITE AVENUE RECONSTRUCTION II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement by incorporation as though fully set forth herein: 1. The 'Advertisement of Bids' - being the invitation to submit a proposal; 2. The specifications named above by title; 3. The detailed plans listed and described in bid specifications, together with those which may be issued as supplements thereof; and, 4. The proposal of the Contractor, which was submitted on September 15, 1993, the original or conformed copy of which is hereto attached and marked 'Exhibit Contractor's Initials ---PAGE BREAK--- III. Consideration That in consideration of faithful compliance with the terms and conditions of this agreement (including the specifications) the City shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of three hundred two thousand, one hundred eighty dollars and fifty cents ($302,180. 50) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided. IV. Completion That the time of completion is 45 days from the date of the Notice to Proceed. v. Communications Such communications as are required by this contract shall be satisfied by mailing or by personal delivery tq 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, ID 83843 VI. Full Agreement This contract and the incorporated documents shall constitute the full agreement between the parties; any amendments thereto shall be made in writing. IN WITNESS WHEREOF, said Contractor and City have caused this agreement to be executed on the day and year first above written. Contractor: By Pyesident and Secre ar ---PAGE BREAK--- City of Moscow, Idaho: STATE OF ss County of On this fSf- day of NL, 19'i3 before me a Notary Publi er nally appea ed /liJC!ltL;t::De President, and ĵ Secretary, known to be the Presi and Secretary of Poe Asphalt Paving, Inc. , whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the for going agreement. ò STATE OF Jdad o county of La -Ia A ) ) ss ) On this day of Ct"bay , 19{3, before me a Notary Public in and for said State, appeared Paul C. Agidius and Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me tha·t they executed the foregoing agreement. for ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: 9/15/93 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 - WHITE A VENUE RECONSTRUCTION specified herein and which construction documents are on file with the City Engineer, City Hall, 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 besh-interest of the City. 11 ---PAGE BREAK--- 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 Number _ through 2 have been delivered to 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 GS-12(A) of the Specifications. 10. The undersigned holds Idaho State Contractor's License Number 5 130-AAA-2 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty Amount a Palouse Country Electric St. Lite Condujt $5,000.00 Name E. 225 Palouse River Dr. - Moscow, Idaho 83843 5401-AAA-404 Address PW License No. Landscaping Sewer System b. A ce Elliott Name P.O. Box 301 - Pullman, 99163 Address c. Eisinger Construction Name Concrete 302 Sweet Avenue - Moscow, Idaho 83843 Address $120, 268. 00 6302-AAA-1,2 PW License No. $36, 888.76 4458-AA-3 PW License No. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for - WHITE A VENUE RECONSTRUCTION; as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the process in accordance with the completed schedule of contract prices as follows. 12 ---PAGE BREAK--- ITEM NO." 1. . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. ITF EST. EST. UNIT TOTAL DESCRU· , 10N QUAN. UNIT PRICE PRICE Remove AC 296 S.Y. 3.00 888.00 Remove Concrete Sidewalk 21 S.Y. 5.00 105.00 Remove Concrete Curbs 95 L.F. 2.00 190.00 Clearing and Grubbing 1 LS. 15,000.00 15,000.00 Adjust Water Valve Boxes 5 EACH 150.00 750.00 Adjust Sanitary Manholes 4 EACH 250.00 1,000.00 Remove Existing Catch Basins 3 EACH 1sn nn 1 .O"iO .00 Excavation 3100 C.Y. 10.00 31,000.00 Trench Excavation- Type Backfill 2636 LF. 20.00 52,720.00 Install Storm Sewer Manholes 4 EACH 2,500.00 10,000.00 Install Storm Sewer Catchbasins 10 EACH 1,000.00 10,000.00 Install 15" PVC Storm Sewer Pipe 1,040 LF. 14.00 14,560.00 Install 12" PVC Storm Sewer Catch Basin Laterals 300 LF. l4.UU 4,200.00 Install 12" PVC Storm Sewer OVerflow Pipe 75 LF. 14.00 1 050.00 Install a• PVC Sanitary Sewer Pipe 420 LF. 10.00 4,200.00 Install 6" PVC Sanitary Sewer Service 200 LF. 10.00 2,000.00 lnstall 4" PVC Sanitary Sewer Service 168 LF. 10.00 1,680.00 Install Sanitary Sewer Manhole 2 EACH 800.00 1,600.00 Install 6" PVC Water Pipe 345 LF. 10.00 3,450.00 Relocate Fire Hydrants 2 EACH 2,000.00 4,000.00 Install New Fire Hydrants 2 EACH 2,600.00 5,200.00 Install 6" Underground Drain 500 LF. 3.00 1,500.00 Soft Spot Repair 300 C.Y. 30.00 9,000.00 Street Ught Poles & Bases 5 EACH 750.00 3,750.00 Street Ught Conduit 1 LS. 5,000.00 5 000.00 1-1/2" Minus Subbase 1900 TONS 8.50 16 150.00 3/4" Minus Base 2200 TONS 8.50 18,7()0.00 Concrete Driveway Approaches 72 S.Y. 47.50 3,420.00 Monolithic Pour Concrete Curb & Sidewalk 1082 S.Y. 33.75 36,517.50 Asphalt Plant Mix 1000 TONS 36.00 36,000.00 Re-align Bottom of "Dog Pound Road" 1 LS. 5,000.00 5,000.00 Install Gravel Road Transition 1 LS. 2,500.00 2,500.00 TOTAL: TOTAL OF ALL UNIT PRICES T e _e_H un r : - _ o T_ o u s n= d- , _ o _ n_ e _ H_u _ nd_r_e_d _ E_1ƃ.gƄh_ tƅ y _ D o_ l_ 1_ a_ r_s_a_ nd_. _ 5_ o_/_1 _o _ ($3o2,180 50 (Use Words) 1 E Poe Asph alt Paving, Inc. F ;qtf:) SEP 1 5 RECD P.O. Box 784 - Pullman, W a. 99163 Mailing Address 5130- A AA-2 Public Works License No. CITY oF rvroscow ELAINE RUSSHL, Clerk 'SEAL (If Incorporated} W ashington State of IncorporatiÌ:m, if incorporated. Dated at Pullm an this 15thday of September , 1993. 13 ---PAGE BREAK--- m SAFE CO BID BOND S AFECO NSURANCE COv1P ANY OF AMERICA GENERAL NSUR ANCE COv1PANY OF AMERICA FIRST NATICNAL NSURANCE COv1PANY OF AMERIC A HOV1E OFFICE: S AFECO PLAZA SE ATTLE. W 981 85 KNOW ALL BY THESE PRESENTS. That we. PO=EĎA..;.; HďA=LTĐP..:..; - of CLARKSTON WASHINGTON (hereinafter called the Principal). as Principal. and SAFE CO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety). as Surety, are held and firmly bound unto cITY OF Moscmđ (hereinafter called the Obligee) in the penal sum of ĔO:J.. f_ BĕI:!:..!DĖA!!;.!MėQUĘNęTL...-. _ _ _ _ Dollars (S 5% G F B I D AtĚOU NT) 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 PAVING- WHITE AVENUE RECONSTRUCTION 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. S-S31EP R8 1117S Witness Title SAFECO INSURANCE COMPANY OF AMERICA By Stonebraker McQuary Agency Group PO. Box448 Lewiston, ID 83501 Attorney-in-Fact ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 118185 No. 0_3_2_3 _ 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 RENE' J. BARTON; JAMES M. HEWITT; DON McQUARY; PHIL STONEBRAKER; CHERYL A. ASHBY, C larks t o n, Wa s h i ngto its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 1 1 t day of _ 19 93 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article v. Section 13. - FIDELITY AND SURETY BCJI.JDS . . . the President. any 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 company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument 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 instrument 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, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. 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 (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, I have hereunto set my hand and affixed the facsimile seal of said this S-Q74/EP 1/QJ day of 19 q3_ ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder Poe Asphalt Paving, Inc. 2. Permanent main office address. 302- 15th Street - Clarkston, Washington 99403 3. When organized. 1966 4. If a corporation, where incorporated. Washington 5. How many years have you been engaged in the contracting business under your present firm or trade name? 27 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion). Stadium Way Overlay City of Pullman $156, 598.00 9/30/93 Bishop Blvd. Wl.dening " $320, 328.00 10/30/93 Ml.nor Street Repatr " $126, 080.00 9/20/93 7. General character of work performed by your company. 8. Grading Paving Rock Crushl..ng Have you ever failed to complete any work awarded to you? If so, where and why? No 9. Have you ever defaulted on a contract'? If so, where and why? No 10. List two or more construction projects your company has completed within the past 3 yearË that is similar in scope and cost as the proposed project. Pullman/Moscow Regl.onal Airport $969,596.25 Wawawat Road to Sprl.ng Street 420,488.55 Kjbbie Dome Parkl.ng Lot 306,102.00 State the approximate cost of the various work elements within each project, the beginning contract amount, the total cost of change-orders, the project time, total of time extensions, project superintendent and owner contact name and phone number. Pullman/Moscow Regl. onal Airport Board ' Prep: $ 167,154.86 Pave: $516,066.39 Washington Department of TranS Ɔ9(tatl.on Prep: $60,836.96 Pave: $ 181, 404 . 83 of Idaho Prep: $74, 926.75 Pave: $62, 976.00 Subs: $286,375.00 Subs: $78, 246.76 Subs: $168, 199.25 ---PAGE BREAK--- 11. List any projects involving your company that have involved litigation, threatened litigation, or negotiated settlements due to qualify of work, contract time or other non compliance with plans and specifications. None 12. Background and experience of the principal members of your organization, including the person to be assigned as Project Manager for this Project Ken Wexler - Foreman 15 years - Branch Manager 5 years Larry Palmer - Paving Foreman 17 years - Project Superintendent 5 years. Larry Palmer wl.ll be Project Manager for this work. 13. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the City of Moscow, Moscow, Idaho, in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated at Pullman this 15th day of September: State of Ƈƈashi ngton ) County of Whitman ) ) ss. Richard Meehan being duly sworn deposes and says that he is Vice President of Poe Asphalt Pavin2. Inc. (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. My Commission Expire#1 17 ---PAGE BREAK--- CONTRACTOR'S NON-COLLUSION AFFIDAVIT . (TO BE EXECUTED PRIOR TO AWARD BY APPARENT LOW BIDDER) State of Washingto n County of Whi.tman ) ) ss. ) R _ i _ch_ a_ r_ d _ M _e _eh_ a_n , being first duly sworn, deposes and says that he is . (sole owner, a partner, president, secretary, etc.) f Poe Asphalt Paving, Inc. 0 The party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive of sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or any other bidder, nor to tlX any overhead, profit, or cost element of such bid price, nor of that of any other bidder, nor to secure any advantage against the public bcxiy awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true; and, further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data therewith to any corporation, partnership, company, association, organization, bid depository, not to any member or agent thereof, nor to any individual except to such person or persons as have a partnership or other financial interest with said bidder in his general business. Signed: Title: _ Subscribed and sworn to me before me this 15th (SEAL) Appendix A.9 - 18 ---PAGE BREAK--- O.:;.ce 9/15/93 CONTIU.CTOR' S STATE:!ENT (EXECUTIVE ORDER' *11246) This scatemenc relaces co a proposed concrac¡ vith Ci.ty of MoscO\v (Name of grancee) ¢ho expects co finance the contracc wich assistance from che I am the uncersig7ed biccer or prospeccive concra.ccor. I rep resent that:: I have XX I have noc parcicipated in a previous contrac£ or subconcracc subjec¤ to Execucive Order 11246 of September 24, 1965 (regarding equal employment: opportunity) or a preceding si¥ilar Executive Order. I agree to comply with all the provisions of this Executive Order and the rules, regulations and relevant orders of the SecretarJ of labor. ( 60-l.4(b)(4)) 9/15/93 Dac:e Rjchard Meehan Vice President Name and ticle of signer (please t:ype) ---PAGE BREAK--- SEP-07-1993 16:50 FROM J-U-B COEUR D'ALENE TO SEPTEMBER 7, 1993 CITY OF MOSCOW WHITE AVENUE RECONSTRUCTION ADDENDUM NO. 1 15093346464 P.02 Addendum No. 1 to the Plans, Specifications and Contract Documents as prepared by J-U-B ENGINEERS, Inc. is hereby submitted for use in bid preparation and submittal. The following changes, additions, and/or deletions are hereby made a part of the City of Moscow, White Avenue Reconstruction Project, as fully and completely as if the same were entirely set forth in the Specifications, and Contract Documents. The corrections, clarifications> changes and approvals described herein shall become an integral part of any contract entered into between the Owner and Contractor. Section 7 • General Wage Decision ID 930001: Attached is the latest Wage Decision including Modification No. 10. NOTICE is hereby given that this Addendum must be signed and enclosed with a sealed bid for the City of Moscow, White Avenue Reconstruction Project, as evidenced that the Bidder has familiarized himself with all changes incorporated herein. ving, Inc. Richard Meehan Vice-Presjdent Name Title Submitted By; ARS/gsl ---PAGE BREAK--- SEP-10-1993 10:18 FROM J-U-B COEUR D'RLENE TO SEPTEMBER 10î 1993 CITY OF MOSCOW WHITE AVENUE RECONSTRUCTION ADDENDUM NO.2 15093346464 P.02 Addendum No. 2 to the Plans, Specifications and Contract Documents as prepared by J-U·B ENGINEERS, Inc. is hereby submitted for use in bid preparation and submittal. The following changes, additions, and/or deletions are hereby made a part of' the City of Moscow, White Avenue Reconstruction Project7 as fully and completely as if the same were entirely set forth in the Specifications, and Contract Documents. The cotTections, clarifications, changes and approvals described herein shall become an integral part of any contract entered into between the Owner and Contractor. Instruction to Bidders, Page No.8- Paragraph IB-7: The second paragraph shall be modified to read that the public works project IS FUNDED by federal funds. Instruction to Bidders! Page No. 9 Paragraph ffi-11: This paragraph shall be modified to read: Contractors ó required to pay prevailing wages on this project. NOTICE is hereby given that this Addendum must be signed and enclosed with a sealed bid for the City of Moscow, White Avenue Reconstruction Project, as evidenced that the Bidder has familiarized himself with all changes incorporated herein. Richard Meeh an Vice Pres1dent Name Title Submitted By: ---PAGE BREAK--- PERFORMANCE BOND BOND #5735532 K0:0\V ALL :V1E:\: BY THESE PRESE0iTS: that POE ASPHALT PAVING INC. P.O. BOX 449 LEWISTON ID 83501 a hereinafter called Pri nci pa I. and SAFECO INSURANCE COMPANY OF AMERICA E. 14610 SPRAUGE, SPOKANE WA 99220 hereinafter called Surety. are held and firmly hound unto CITY OF MOSCOW 122 EAST 4TH STREET, MOSCOW ID 83843-1703 1.Lodf.u 01 hereinafter called OWNER. in the penal sum of THREE HUNDRED TWO THOUSAND ND S Nĝ D 1 Oğ OĠ Oo llars. s ( 302 ,180. 50 in lawful money of the United States. for the payment of which sum well and truly to be made. \Ve hind ourselves. successors. and assigns. jointly and severally. firmly by these presents. THE CONDITIO:\ OF THIS OBLIGATION is such that whereas. the Principal entered into a certain contract with the OWNER. dated the dav of . 19 , a copy of which is hereto attached and made a part hereof for . the cons!ructian of: · : WHITE AVENUE RECONSTRUCTION NOW. THEREFORE. if the Principal shall well. truly and faithfully perform its duties. all the undertakings. covenants. terms, conditions. and agreements of said contract dur· ing the original term thereof. and any extensions thereof which may be granted by the OWNER. with or without notice to the Surety and duting the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract. and shall fully indemnify and save· harmless the OWNER (t.Qm all costs and damages which it may suffer by reason of failure to do so. and shall'reimburse and repay the OWNER all outlay and e;t . 19ñ CERTIFICATE Extract frcm the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY B(]\JDS • • . the President. any 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 ccmpany fidelity and surety bonds and other documents of similar character issued by the ccmpany in the course of its business . • . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument 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 instrument or undertaking." Extract frcm a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Ccmpany setting out, 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 (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 Ccmpany may be a facsimile thereof." 1. 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, I have hereunto set my hand and affixed the facsimile seal of said corporation thiS s-n41EP t/93 /,qf dayof 1 A PIE'lSON SF(.R(. RY ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- PAYMENT BONO KNOW ALL t-.tE;\ BY THESE PRESE:-.JTS: that POE ASPHALT PAVING, INC. P.O. BOX 449, LEWISTON ID 83501 CORPORATION OITIO:\ OF THIS OBLIGATION is such that whereas. the Principal entered into a certain contrac: with the. OWNER. dated the day of _ _ 19 . a copy of ·.which i hereto attached and made a part hereof for the construc tion of: WHITE AVENUE RECONSTRUCTION NOW. THEREFORE. iif lhe Principal shall make payment to all persons. firms. SUBCONTRACTORS. and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract. and any authorized exteno sian or modification tthereof. including all amounts due for materials. lubricants, oil. gasoline, coal and cokce. repairs on machinery. equipment and tools, consumed or used in connection with the construction of such WORK. and alJ insurance premiums on said WORK. and Cor all lai::Dor. performed in such WORK whether by SUBCONTRACTOR or otherwise, then this aJbligalion shall be void: othet.wise to remain in full force and effect. · c.:lJ(HI.lCT [)()QJWEfoHS FO'I COHS1ĐAUCT10fol Of' F EOEđ4Ēl Y -'SS•STEO T'"tA -.0-!.SCwEĔ PRO.JEC':'S Ex.ēibit L ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 9818S No. 0_3_2_3 _ 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 RENE' J . BARTON; JAMES M. HEW ITT; DON McQUARY; PHIL STONEB RAKER; CHERYL A. ASHBY, C larks t o n, Was h i ngto 1ts true and lawful attorney{s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other doci.IT1ents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents SO 'II this day of '•ARY CERTIFICATE -ijA;ut _ . 19 93 )AN 0 M< Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BQ\JDS • • • the President. any 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 company fidelity and surety bonds and other doci.IT1ents of similar character issued by the company in the course of its business • • . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instri.IT1ent 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 instri.IT1ent 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. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. 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 (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 ful force and effect. IN WITNESS WHEREOF, I have hereunto set my h: h : and af/x:ltthe facsimile se d a o f said corp S-974/EP 1/93 ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- PRODUCER INSURED Stonebraker McQuary Agency P 0 Box 448 P 0 Box 9 Lewiston ID Clarkston W A 83501 99403 Poe Asphalt Paving, Inc. 302 15th Clarkston, W A 99403 / ' · . . . . . . · ISSUE DATE (MM/DD/YYJ · · < 10/01/93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE SAFECO INSURANCE COMPANY INDUSTRIAL INDEMNITY CO THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI or INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . co LTR TYPE OF INSURANCE . I . POLICY NUMBER A A GENERAL LIABILITY ! X. . COMMERCIAL GENERAL LIABILITY : CLAIMS MADE X Ď OCCUR. · OWNER'S & CONTRACTOR'S PROT. i AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS . SCHEDULED AUTOS . HIRED AUTOS : NON-OWNED AUTOS : GARAGE LIABILITY EXCESS LIABILITY A X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION B- AND EMPLOYERS' LIABILITY :OTHER CP8632278 BA8632278 UL8632278 RJ9127145 DESCRIPTION OF OPERA TIONSILOCATIONSNEIDCLES/SPECIAL ITEMS AS RESPECTS WHITE A VENUE RECONSTRUCTION CITY OF MOSCOW 122 EAST 4TH STREET MOSCOW ID 83843-1703 NcoRJ) isó.S-(7;9n} POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYY) DATE (MM/DD/YY) : 06/01/93 06/01/94 LIMITS GENERAL AGGREGATE s PRODUCTS-COMP/OP AGGR. s . PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) s MED. EXPENSE (Any one person) S 06/01193 06/01/94 ' COMBINED SINGLE : LIMIT . BODILY INJURY č (Per person) : BODILY INJURY : (Per accident) : PROPERTY DAMAGE s s s . s . . 2,000,000 1,000,000 _1 ,000,000 1,000,000 50,000 5,000 1,000,000 $ EACH OCCURENCE 4,000,000 06/01/93 06/01/94 AGGREGATE . c,QQ9.,000 ď- . STATUTORY LIMITS 02/01/93 02/01/94 : EACH ACCJDENT : DISEASE-POLICY LIMIT : DISEASE-EACH EMPLOYEE $ s s 500,000 500,000 500,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDREPRESENTATIVE 0 0 /or, $h 1 y--·#xuo"! ORPORATlON 1990