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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 3rd day of May, 1994, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Wilbur Fletcher, 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 six and the following: 1. Advertisement for Bids; 2. Project Specifications titled : FILTER TANK PAINTING - 1994; 3. Bid/Proposal of the Contractor, dated March 16, 1994, 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 Specifications. CONSTRUCTION CONTRACT PAGE 1 94-34 ---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 September 1, 1994, 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. ARTICLE 4. CONTRACT SUM The City shall pay the Contractor for completion of the Work (Base Bid plus Alternate A-1) in accordance with the Contract Documents in current funds the amount of TWENTY THREE THOUSAND SEVEN HUNDRED DOLLARS ($23,700.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA} withholding. 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. CONSTRUCTION CONTRACT PAGE2 ---PAGE BREAK--- 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 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. CONSTRUCTION CONTRACT PAGE3 ---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 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. 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: CONSTRUCTION CONTRACT PAGE4 Contractor: Wilbur Fletcher, Inc. P. O. Box 41 Dayton, WA 99328 ---PAGE BREAK--- City: City of Moscow 122 E. 4th Street P. O. Box 9203 Moscow, Idaho 8 38 43 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. President City: ATTEST: LL- Elaine Russell, City Clerk ACKNOWLEDGMENT . -'1/llƓ A? . On thlS c7, C/ day of J!l I 1994 I bffi:Rıre mer I ij • Fl rche Notary Public of the State ofİ, personally appeareó)'£Jc!f, t their of f icial capacity as President and Secretary of Wilbur Fletcher, Inc. , known to me to be the persons described in the above document and acknowledged to me they executed the same. -a.d ACKNOWLEDGMENT On this day of H' e 1994, before me, a Notary Public of the Stat Q;i Idaho, p'ersonally appeared Paul C. Agidius in his official capacity as Mayor of the City of Moscow, known to me to be t;õö,Jil÷ifti!>ij..,. described in the above document and acknowledged to me same. £ ƒc.:) l' \ fJ @f2a_ . e : Ƒ " IJ . LJ...c#Lj : Dž Ɠ: CONSTRUCTION CONTRAct1'r Ķ . . Ɛ 5: PAGE 5 B \,.cBf? ƒ Ə , t Of \Y ---PAGE BREAK--- Notary Public Lzl7o--Q.:(l My Commi;ion c:<;h X: 1 ' / ACKNOWLEDGMENT residing at expires On this day of 0) .R , 1994, before me, a Notary Public of the State Idaho, personally appeared Elalne 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 Notary ubllc at lcmb t& My Commission expires lqgq ---PAGE BREAK--- TO: BID PROPOSAL Mayor and City Council City of Moscow, Idaho Date: 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 FILTER TANK PAINTING - 1994, 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 best interest of the City. ---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. 9. 10. 11. 12. The undersigned, as a bidder, acknowledges that Addenda Number i through have been delivered to him and have been examined as part of the contract documents. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph GS- 12(A) of the Specifications. The undersigned ho??: Idaho State Contractor's License Number 31 p Lf ·ïð/ rJ1 f 21 31; 3 (y!fo ,LJLJ) The undersigned certifies that the information contained in the STATEMENT OF BIDDER'S QUALIFICATIONS is true and correct. It is understood that the CITY shall reject any proposal from a bidder whose experience is less than that which is specified in INSTRUCTION TO BIDDERS IB-17. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty Amount a. _ b. _ c. _ 13. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for FILTER TANK PAINTING - 1994, 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 of contract prices as follows: (The bid price(s) is to be shown in both words and figures, in case of discrepancy, the amounts shown in words will govern) . - 8- ---PAGE BREAK--- BID SCHEDULE To blast and repaint the interior of the 8-foot diameter by 29. 5 foot long steel water filter tank, complete, as herein specified (excepting the interior of the two-8 inch diameter steel header pipes), the bidder submits a lump sum price of )/;n-tTeælf\ fQt.SG\klrl AJ\.VI'< t-tu"dl'·'"J Jol\o..vs (in words) (dollars & cents) ALTERNATE BID SCHEDULE A-1. To blast and paint the interior of the two-8 inch diameter steel header pipes inside the filter tank (including dust control), complete, as herein specified, the bidder submits a lump sum price of ·vëtìtj,_-_í----.:î ç o"'-fø-.1---=sévês _ _ (in words ) $ y,Al)l) oO ©ª « - (dollars & cents) A-2. To dispose of the blast debris if it qualifies as a hazardous waste material due to its level of lead content, the bidder submits a lump sum price of l W ea..+ tj-£ j v' t: k 4 h d. "e J. d a I I r 5 (in words) $ oc) (dollars & cents) SEAL (If Incorporated) Incorporation, ®Signature of Bidder t> "t'5 Official Title f? /3e; I Mailing Address 3 }I J - lJ /b i I 31 5 t u Ĭ Public Works L:åsJ No. 1 1 I l f) State of if incorporated. Dated at -.L-..1/td8q9:· This _l_fJ_ day of ..LA4 r ' ' 19 9 4 • - 9- ---PAGE BREAK--- STATEMENT OF BIDDER'S QUALIFICATIONS (MUST BE INCLUDED WITH THE BID) Each bidder submitting a proposal on work included in these specifications shall prepare and submit as part of his bid, the data requested in the following schedule: 1. Name of Bidder: i} btp' rr ãt c h V C. , 2. Business Address: p,o. 13"o"f '111 De,.iov-1 W<.t · 9'41ĩĪ 3 . 4 . 5. 6 • 7. 8. 9. Date: How many years has said bidder been engaged in the con tracting business under the present firm name: īyrv$ Contracts now in hand (gross amount) $ //f.S:/)t?IJ • I General character of work performed by said company: 1? ( c, st-i P Ɛ I v. 3 List of steel water tanks (5 minimum) the bidder has coated on the interior with the paint system specified for this project. Include tank owner, contract price, dates, and engineer. Liä+ ij oƑ ±d-e wt.th c_;1lj Ev.j, o1ft'ce. List of company's major equipment: ot-t I Bank References: Ov... J= -J Was the site visited (check one)? JE must bt: ack.11ov.:ledgcd. This form, must be signed and attached to the proposal to acknowledg( receipt of addenda. J - Si ature of Bidder Dean C. Weycn, E. Asst. Citv Engineer .I j ---PAGE BREAK--- ·nAMERICANSTATES AMERICAN sTATEs INsuRANcE coMPANY INSURANCE A..,al!NCOLNNATIONAlCORPORATION INDIANAPOLIS, INDIANA 46204-1275 Bid Bond Know all Men by these Presents That we, WILBUR FLETCHER, INC. of DAYTON, WASHINGTON (hereinafter called the Principal), as Principal, ad STATES lf\ISURANCf COMPANY (hereinafter called the Surety). as Surety. are held and firmly bound unto CITY OF MOSCOW MOSCOW, IDAHO 83843 (hereinafter called the Obligee) m the penal sum of ==-'lli =O=-U =AND AND=_Ni - - - - - - - - - - - - - - -Dollars 20' 000 ) tor 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. WHEREAS. the Principal has submitted a bid SANDBLAST AND PAINT INSIDE OF A FILTRATION TANK 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 b1d, 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, 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 16th day of , 19_9 W1tness Pnnc1pal U f c 0r· t By:ƂƃƄƅƆƇƈƉ-U-- ----ƊIƋr ƌ Title ---PAGE BREAK--- 9-1459 (1-91) GENERAL POWER OF A HORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW All MEN BY THESE PRESENTS. that American States Insurance Company, a Corporation duly organized and existing under the laws of the State of lnd1ana, and having its principal off1ce in the Ctty of Indianapolis. Indiana. hath made, constituted and appointed. and does by these presents make. constitute and appoint MICHAEL T. GAMMOND OR RUTH A. tn of Waitsburg and State of Washington its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute. acknowledge and DŽ deliver any and all bonds. recognizances. contracts of tndemnity and other conditional or obligatory undertakings, provided' however, 1 that the penal sum of any one such instrument executed hereunder shall not exceed 0 TWO HUNDRED FIFTY THOUSAND AND N0/100 ($250,000.00) DOLLARS- -J and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation W and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By-Laws of the American States Insurance Company. which reads as follows: "The Chairman. the President or any Vice-President (including any Executive Vice-President, Senior Vice-President, Second Vice-President or Assistant Vice-President) shall have power, by and with the concurrence with any other officer of the Corporation. to appoint Attorneys-in-fact as the business of the Corporation may require and to authorize any such person to execute. on behalf of the Corporation. any bonds. recognizances. stipulations and undertakings. whether by way of surety or otherwise" IN WITNESS WHEREOF. American States Insurance Company has caused these presents to be signed by tts Vtce-President, attested by its Assistant Vice-President and 1ts corporate seal to be hereto affixed this 8th day of A.D. 19_21__. AMERICAN STATES INSURANCE COMPANY ' ATTEST: _ _ _ 76 Assistant Vtce-Pres1dent STATE OF INDIANA COUNTY OF MARION On th1s 8 h day of M · Y a:.L_ _ · to me known. who being by me duly sworn. acknowledged the execution of the above instrument and did depose and say: that he is a Vice-President of American States Insurance Company: that he knows the seal of said Corporation: that the seal affixed to the sa1d instrument is such corporate seal: that it was so affixed by authority of the Board of Directors of said Corporation: and that he signed his name thereto under like authority. And said Joseph F · Heim further said that he ts acquainted with John J · Rosich and knows him to be the Assistant Vice-President of said Corporation: and that he executed the above instrument5 4 8.'.RS.M-:t. POtƎSLER. NO-:-ARY PUBLIC ĝ lilA-"'\ j v r -Ɗ 'pt(Jcƌ r-ou NTY STf;,iE OF IN Dl ANA ---.;ZUAĞ ķttĹ:.c..ğĠġĢģ;..AoĤ4- . . . , " i ' . cvr·Rr.ƍ. 1n'2102 Notary PubliC COMƏ·I:ISSi:li-.J • STATE OF INDIANA COUNTY OF MARION I. John J. Rosich . the Assistant Vice-President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney. executed by said AMERICAN STATES INSURANCE COMPANY. which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice-President, Senior Vice-President, Vice-President. Second Vice-President, or Assistant V1ce-President) and the secretary. assistant secretary, or other officer. whose signatures. if the instrument is duly countersigned by an authonzed representative of the Corporation. may be facsimilies. Such signatures and facsimiles thereof shall be authonzed and binding upon the Corporation notwithstanding the tact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation . . . In witness whereof. I have hereunto set my hand and affixed the seal of said Corporation. this 16th 19ƀ. day of MARCH Assistant Vice-President IS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN HEREOF IN RED INK. WITH A RED DIAGONAL IMPRINT- AMERICAN STATES INSURANCE- PRESENT IN ITS ENTIRETY. IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL [PHONE REDACTED] OR WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. ---PAGE BREAK--- I I I ·nAMERICAN STATES INSURANCE C"INCOLN NAT'ON:::7:7:tv. -'=co==R=aow.= TION= AMERICAN STATES INSURANCE COMPANY INDIANAPOLIS, INDIANA 46204-1275 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That WILBUR FLETCHER, INC. as Principal. hereinafter call Principal, and AMERICAN STATES INSURANCE COMPANY, a corporation or the state of Indiana. with its home office in the City of Indianapolis, Indiana, U.S.A., as Surety, hereinafter called Surety, are held and firmly bound unto _ as Obligee, hereinafter called Obligee, in the amount of and no/100 - - - - - - - - - - - - - - - - - - - - - - - Dollars 23,700.00 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 a greement dated entered into a contract with Obligee for S_AND B_LAS I NT_ F L_TRA:_ T_ T ANK which contract is by reference made a part hereof, and iS hereinafter referred to as the contract. NOW, THEREFORE. THE CONDITfON OF THfS OBLIGATION IS SUCH. That. if Principal shall and faithfully perform said contract. then this obligat1on shall be null and void; otherwise it shall remain in full force and effect. Whenever Principal shall be. and be declared by Obligee to be in default under the contract, the Obligee having performed Obligee's obligations thereunder: Surety may remedy the default subject to the provisions of paragraph 3 herein. or; Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the performance of Principal's obligation under the contract subject to the provisions of Ĝaragraph 3 herein: The balance of the contract price, as def1ned below, shall be credited against the reasonable cost of completing performance of the contract. If completed by the Obligee. and the reasonable cost exceeds the balance of the contract price, the Surety shall pay to the Obligee such excess. bvt in no event shall the aggre gate liability of the Surety exceed the amount of this bond. If the Surety arranges completion or remedies the default. that portion of the balance ot the contract price as may be required to complete the contract or remedy the default and to reimburse the Surety for its 01.1tlays shall be paio to the Surety at the time and in the manner as said sums would have been payable to Principal had there been no default under the contract. The term "balance oi the contract price." as used in this paragraph, shall mean :he total amount payable by Obligee to Principal 1.1nder the contract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the contract. Any suit under this bond must be institvted before the expiration of two yaars from date on which final payment under the contract falls due. No ri ght of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs. executors. administrators or su¯cessors of the Obligee. Signed and sealed this 19th 19 _94 of MAY . /0a1·231o-·...cuJL (Seal) W ILBUR FLETCHER, UVa/ T AN STATES INSURANCE COMPANY By 7- Attomey.fn·Fact I i. iII ---PAGE BREAK--- nàt'UiáâFATEs AMERICAN STATES INSURANCE COMPANY ƅINCCUiNATlONAI.CORPO!>.ATION INDIANAPOLIS, INDIANA 46204·1275 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN 8Y THESE PRESENTS: That WILBUR FLETCHER INC . as Principal. hereinafter call Principal, and American States Insurance Company, a corporation of the State of Indiana. with its home office in the City of Indianapolis, Indiana, U.S.A as Surety. hereinatter called Surety. are held and firmly bound unto CITY OF MOSCOW, IDAHO as Obligee. hereinafter called Obligee. for the use and benefit of claimants as hereinbelow defined. in the amount of Twenty-three thousand seven hundred and no/100 - - - - - -Elollar 23,700.00 for the payment whereof Principal and Surety bind themselves. their heirs, executors, administrators. successors and assigns. jointly and severally. by these presents. WHEREAS. has by written agreement dated MAY 2, 1994 entered into a contract with Obligee for SANDBLAST AND PAINT INSIDE OF A FILTRATION TANK wh1Ch contract is by reference made a part hereof. and is hereafter referred to as the contract. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. That if the Principal shall make payment to all claimants as hereinafter defined for all labor and material used or reasonably required for use in the per· formance of the contract. then this obligation shall be void: otherwise it shall remain in full force and effect. subject. however, to the following conditions: A cla!mant is defined as one having a direct contract with 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. The above-named Principal and Surety hereby jointly and severally agree with the Obligee 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 claimant's work or labor was done or performed. or materials were furnished by such claima:-t. may sue on this bond for the use of such claimant in the name of the Obligee. prosecute the suit to final judgement for such sum or sums as may be justly due claimant. and have execution thereon. provided. however. that the Obligee shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant. Unless claimant shall have given written notice to any two of the following: The Principal. the Obhgee. or the Surety above named. within ninety (90) days after such claimant did or performed the last work or labor. or furnished the last of the materials for which said claim is made. stating with substantial accuracy the amovnt claimed and the name of thǂ 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. postage prepaid. in an envelope addressed to the Principal, Obiigee or Surety. at any place where an office is regularly main· tained for the transaction of business. or served in any manner in which legal process may be served in the state 1r. which the aforesaid project is located. save that such service need not be made by a public officer. After the expiration of one year following the date on which Principal ceased work on said contract. Other than in a state court of competent jurisdiction in and tor the county or other political subdivision of the statǃ in which the project. or any part therot. 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. The amount of this bond shall be reduced by and to the extent of any payment or payments made m good fa1th hereunder. 19th d"5k Q -;JR WILBUR FLd lfllilc;pal AMERI N STAT SURANCE COMPANY By ---PAGE BREAK--- - . CERTIFICJ.-.. /E O·F INSURANCE RA. I 0·00 14 ISSUE DATE (MM/OD!YY) ll 05/24/94 PRODUCER BLUE MOUNTAIN INS. P.O. BOX 155 ßAITSBURG, WA 99361 INSURED WILBUR FLETCHER, INC. JEAN FLETCHER PO BOX 41 PAYTON, WA 99328 C;:OV9ItAGes· THIS CERTIFICATE IS ISSUED AS A MATIER 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 LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER COMPANY LETTER . . COMPANIES AFFORDING COVERAGE A AMERICAN STATES B c D E . . . . . . . . . . . . . . • • • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED t NOTWITHSTANDING ANY REOUIREMENě TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA E MAY BE ISSUED OR MAY PERT AIĚ TH INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLl IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 0 POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS TR pATE (MMIOD!YY) DATE (MM/DD!YY) QENERAL LIABILITY 01-AP-061159-1\ 09/23/93 09/23/94 GENERAL AGGREGATE $ 2,000,00C PRODUCTS-COMP/OP AGG. s 2.000.00C LAIMS MADE IXJoccUR. PERSONAL & ADV. INJURY s 1, 000 ooc A'S & CONTRACTOR'S PROT. EACH OCCURRENCE s 1, 0001 ooc FIRE DAMAGE (Any one fire) s 50 ooc MED.EXP. (Any one person) $ 5, 00( AUTOMOBILE LIABILITY 01-AP-061159-1\ 09/23/93 09/23/94 COMBINED SINGLE 000,00( jK__ ANY AUTO LIMIT $ 1 All OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ R yMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FOAM WORKER'S COMPENSATION I STATUTORY LIMITS EACH ACCIDENT s AND DISEASE-POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE-EACH EMPLOYEE s OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CER'fiFJ¢ATE HOLD-9R . . . . . CANCEl.lATfON . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO TO WHOM IT MAY CONCERN MAIL _l_Q_ DAYS WRITIEN 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. AUTHORIZE,ENTAÞv;,.65 4 ACORD 25-S (7/90) . ®ACORP CORPORATION 1990 ---PAGE BREAK--- f\ CEIVED MAY 3 1 1994 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES May 27, 1994 ATTN DEAN WEYER CITY OF MOSCOWAHO PO BOX 9203 MOSCOW ID 83843 Re: Account ID 252,391-00 WILBUR FLETCHER Dear Business Person: The business person listed above is currently registered with the Department of Labor & Industries and has been assigned an Account Identification Number. When work is done by contract, all parties should be aware of the State's Industrial Insurance Laws about liability for premiums. In cases of work being done by contract, all parties should be aware of the provisions of the Industrial Insurance laws with respect to liability for premiums. The provisions are included in the Revised Code of Washington 51.12 .070. Under State Law, the Department requires each contractor to pay premiums. Payment of premiums by the prime contractor would be only if the subcontractor fails to make payments. There is no limitation of coverage and no policy period or cancellation date is issued by the State's Industrial Laws. S3n}erely, 1 ) , Y:l* Kaye Kjorlaug Industrial Insurance Accounts Auditor Contractor Compliance/Release Unit Telephone: (206) 956-4762 CCU1E.KK:SCD.20 cc to WILBUR FLETCHER PO BOX 41 DAYTON WA 99328 ®·,lj18