Document Moscow_doc_3ef04e9d5f

CONSTRUCTION AGREEMENT PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2016 BETWEEN CITY OF MOSCOW, IDAHO AND CURTIS CONCRETE CONSTRUCTION, INC. THIS CONSTRUCTION AGREEMENT PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2016 BETWEEN CITY OF MOSCOW, IDAHO f.ND CURTIS CONCRETE CONSTRUCTION, INC. (hereinafter "Agreement") dated thi day of By) \ 2016, by and between the City of Moscow, Idaho, a municipal corporation of the state(;fldaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"), and Curtis Concrete Construction, Inc., 309 N Park Road, Spokane Valley, Washington, 99212 (hereinafter "Contractor"); WITNESSETH: WHEREAS, pursuant to the invitation of City through a "Solicitation For Bids", Contractor submitted a proposal containing an offer invited by said notice; and WHEREAS, City has determined that said offer was the lowest responsive bid; and WHEREAS, City has accepted Contractor's bid; NOW THEREFORE, the parties to this Agreement, 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 City and Contractor concerning the work to be performed are this Agreement, pages one through five (I through 5) and the following: 1. Advertisement for Bids; 2. Project Specifications titled: Pedestrian Curb Ramp Improvement Project - 2016 City of Moscow Project No. 105-016 3. Bid/Proposal of Contractor, dated March 16, 2016, physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. No Addendum issued prior to opening of bids; 7. Change Orders which may be delivered or issued after the effective date of this Agreement. There are no Contract Documents other than those listed in Article 1. This Agreement may only be amended by change order as provided in the General Conditions. PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2016 CITY AND CURTIS CONCRETE CONSTRUCTION, fNC. PAGE I OF 5 :u>tlo-0\C} ---PAGE BREAK--- ARTICLE2. WORK Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City project (hereinafter "Project") titled: "Pedestrian Curb Ramp Improvement Project - 2016" ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall start no earlier than May 16, 2016 and shall be substantially completed by August 19, 2016. The work shall be completed on or before Thirty (30) calendar days from the commencement of work, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. CONTRACT SUM City shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of Sixty One Thousand Nine Hundred Thirty Three and 00/100 Dollars ($61,933.00) for Base Bid and No Alternates, as submitted by Contractor. In no event shall Contract amount exceed Contractor's bid amount of Sixty One Thousand Nine Hundred Thirty Three and 001100 Dollars ($61,933.00) unless otherwise authorized by the City. Any such increase in work shall be compensated in accordance with unit pricing terms specified in bid documents. 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 Contractor and City by the terms of this Agreement. It is understood by the parties hereto that Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. SCOPE OF SERVICES 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. PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2016 CITY AND CURTIS CONCRETE CONSTRUCTION, INC. PAGE 2 OF 5 ---PAGE BREAK--- ARTICLE 7. HOLD HARMLE SS/INDE MNIF ICATION Jn addition to other rights granted City by the Contract Documents, Contractor shall indemnify and hold harmless the City, its officers, employees, and engineers, 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 Contractor or its 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 Contractor or its 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. CONF LICT OF INTE RE ST 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. Contractor further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and City. ARTICLE 9. E NTIRE AGRE E ME NT, MODIF ICATION AND ASSIGNABILITY This Agreement and the exhibits hereto (if any) 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 Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. 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 City. ARTICLE 10. ADHE RE NCE TO LAW RE QUIRE D All applicable local, state and federal statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by Contractor shall be deemed material and shall subject Contractor to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement. Contractor and its surety shall indemnify and hold harmless City and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by Contractor, Contractor's employees, or its subcontractors. PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT- 2016 CITY AND CURTIS CONCRETE CONSTRUCTION, INC. PAGE 3 OF 5 ---PAGE BREAK--- ARTICLE 1 1. LEGAL F EES Tn the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, 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. JURISDICTION AND VENUE It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event oflitigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State ofldaho, in and for the County of Latah. ARTICLE 13. SPECIAL WARRANTY Contractor 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 Agreement. Any such activity by Contractor shall make this Agreement null and void. ARTICLE 14. COMMUNICATIONS Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Curtis Concrete Construction, Inc. 309 N Park Road Spokane Valley, Washington 99212 ARTICLE 15. EXECUTION City: City Engineer City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and City have caused this Agreement to be executed on the day and year first above written. Contractor: Curtis Concrete Construction, Inc. City: City of Moscow, Idaho l- PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2016 CITY AND CURTIS CONCRETE CONSTRUCTION, INC. PAGE4 OF 5 ---PAGE BREAK--- ATTEST: By: Approved As To Form: <\?.tiQL Roderick Hall, City Attorney ACK NOWLEDGMENT State of \Ja..sA+or'\ County of 9fo¥u,ne.. ) ) :ss ) On this __fp_ day of rt'L , 2016, before me, the undersigned, a Notary in and for said State, personally appeard J,m 'fon , known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he/she executed the same in his/her capacity as for Curtis Concrete Construction, Inc. (seal) Notary Public : d State of Washington - KAREN E. HOLnEN - = MY COMMISSION EXPIRES OCTOBER 17, 2016 : 1111111111111111111111111111111111111111111110 PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2016 CITY AND CURTIS CONCRETE CONSTRUCTION, TNC. > t Notary Public residing at: My commission expires: PAGE 5 OF 5 ---PAGE BREAK--- Bond No. 023010347 Document A312TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Curtis Concrete Construction, Inc. 309 N Park Road Spokane, WA 99212 OWNER: (Name, legal status and address) City of Moscow Public Works Dep6rtment, Engineering Division 206 East Third Street Moscow, ID 83843 CONSTRUCTION CONTRACT Date: Amount:$ 61,933.00 Description: (Name and location) SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 Malling Address for Notices 818 W. Riverside Avenue, Suite 800 Spokane, WA 99201 This document has Important legal consequences. Consultatlon with an attorney Is encouraged with respect to Its completion or modification. Any singular rererence to Contractor, Surety, Owner or other party shall be considered plural where applicable, Sixty One Thousand Nine Hundred Thirty Three Dollars and 00/100 PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT-2016 BOND Date: April 5, 2016 (Nol earlier than Co11stnic1ion Contract Date) Amount:$ 61,933.00 Sixty One Thousand Nine Hundred Thirty Three Dollars and 00/100 Modifications to this Bond: IKJ None D Sec Section 16 CONTRACTOR AS PRINCIPAL (Corporate Seal) onstruction, Inc. Signatu Name and Title: (Any additional signatures appear on the last page of this Pe1fon11ance Bond) (FOR INFORiWATION ONLY - Name, address and telephone) SURETY Company: (Corporate Seal) The Ohio Casualty Insurance Company Signature: Name Shawn M. Wilson and Title: Attorney-in-Fact AGENT or BROKER: Alliant Insurance Services, Inc. OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) 818 West Riverside Avenue, Suite 800 Spokane, WA 99201 [PHONE REDACTED] S-1852/AS 8110 ---PAGE BREAK--- § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns lo the Owner for the perfonnance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surely and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety· that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's pcrfonnancc. If the Owner docs not request a conference, the Surety may, within five business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perfonn the Construction Contract, but such an agreement shall not waive the Owner's tight, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, tc1minatcs the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the tenns of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. · § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner hus sutisfied the conditions of Section 3, the Surety shall and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qunlilied contractors to the Owner for a contract for performance and completion oftbe Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay lo the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is dctennincd, make payment to the Owner; or .2 Deny liability Jn whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surely does not proceed as provided in Section S with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days afier receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section .S and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 ---PAGE BREAK--- § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then lhe responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the O\.vncr under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 .2 .3 the responsibilities of the Contractor for correctfon of defective work and completion of the_ Construction Contract; additional legal, design professional and delay cost.'! resulting from the Contractor's Default, and resulling from the actions or failure to act of tl1e Surety under Section 5; and -liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elecls to act under Section 5.l, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surely shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract, and the Balance oflhe Contract Price shull not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond lo any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in nny court of competent jurisdiction in the location in the work or part of the work is located and shall be instituted within two years aftel' a declaration of Contractor Default or within two years after tl1e Contractor ceased working or within two years after the Surety refuses or fails to perform ils obligations under this Dond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Dond conflicting with said statutory or legal requirement shall be deemed deleted herefrom ond provisions con fanning to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common luw'bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by oil valid and proper payments made to or on behalf ofthe Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover pnge, including all Contract Documents and changes made to the agreement nnd the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perfonn or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perfomt and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an ogreement between a Contractor und subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tenn Owner shall be deemed to be Contractor. S-1852/AS 8/10 ---PAGE BREAK--- § 18 Modifications lo this bond are as follows: (Space Is provided below for additional signatures of added parties, other lhan those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: (Corporate Seal) Signature: Name and Title: Name and Tille: Addre.\s Add res., S-1852/AS 8/10 ---PAGE BREAK--- ' Bond No. 023010347 Document A312TM - 2010 Confonns with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) Curtis Concrete Construction, Inc. 309 N Park Road Spokane, WA 99212 OWNER: (Name, legal status and address) City of Moscow Public Works Department, Engineering Division 206 East Third Street Moscow, ID 83843 CONSTRUCTION CONTRACT Date: Amount:$ 61,933.00 Description: (Name and location) SURETY: (Name, legal stallls and principal place of business) The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 Malling Address for Notices 818 W. Riverside Avenue, Suite 800 Spokane, WA 99201 This document has Important legal consequences. Consullallon with an attorney Is encouraged with respect to Its completlon or modificatl6n. Any singular reference lo Contractor, Surely, Owner or other party shall be considered plural where applicable. Sixty One Thousand Nine Hundred Thirty Three Dollars and 00/100 PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2016 BOND DuŹ April 5, 2016 (Not earlier than Construction Contract Date) Amount: $61,933.00 Sixty One Thousand Nine Hundred Thirty Three Dollars and 00/100 Modifications lo this Bond: IKJ None O See Sectio n 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Curtis Concrete Construction, Inc. Signature: Name and Title: (Any additional signatures appear on the last page of this Payment BondJ (FOR INFORi\lAT/ON ONLY - Name, address and telephone) SURETY Company: (Corporate Seal) The Ohio Casualty Insurance Company Signature:  Name Shawn M. Wilson and Title: Attorney-in-Fact AGENT or BROKER: Alliant Insurance Services, Inc. OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) 818 West Riverside Avenue, Suite 800 Spokane, WA 99201 [PHONE REDACTED] S-2149/AS 8/10 ---PAGE BREAK--- . . § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, udministrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject lo the following terms. § 2 If the Contractor mukes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the perfonnanee oflhe Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surely shall and 111 the Surety's expense defend, indemnify and hold harmless the Owner against 11 duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have rumished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name or the parly lo whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or perfonned, wilhin ninety (90) days after having lust performed labor or last furnished materials or equipn1ent Included in the Claim; und .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Claimants, who arc employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 Ifa notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is suflicienl to satisry a Cluim11nt's obligation to furnish a written notice of non-payment under Section 5. t. I. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surely shall und ut the Surely's expense take the following actions: § 7.1 Send on answer to the Claimant, with a copy to the Owner, within sixty (60) days ofter receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts thut are disputed; and § 7.2 Pay or BITange for payment of any undisputed amounts. § 7.3 The Surety's failure Lo discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, lhe Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimont. § 8, The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reusonuble attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for nny payments mnde in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that 111l funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work S-2149/AS 8/10 ---PAGE BREAK--- § 10 The Surety shall not be liable to the Owner, Claimwits or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of wiy costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments lo, or give nolice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a courtof coinpelent jurisdiction in the state in which the project thal is the subject of the Construction Contract· ls located or after the expiration of one year from the date on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or on which the last labor or service wƓs perfonned by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(l) or first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available lo sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be moiled or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfonned, ony provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall furnish a copy of this Dond or sholl pennit a copy to be mode. § 16 Definitions § 16.1 Clalm. A written statement by the Claimant including ot a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuanno which labor, materials or equipment was furnished for use in the perfonnance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the dale on which the Claimant last performed labor or last furnished materials or equipment for use in the perfonnance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the dale of the Claim; . 7 the total amount of previous payments received by the Claimant; and .B the total amount due and unpaid to the Claimant for labor, maƔerials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the perfonnonce of the Construction Contract. The tcnn Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Dond shall be to include without limitation in the tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used jn the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechwiic's lien moy be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491AS 8/10 ---PAGE BREAK--- . ' ' . . § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, lo pay the as required under the Construction Contract or to perform and complete or comply with the other material lenns of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 lfthis Bond is issued for an agreement between a Contractor and subcontractor, the tenn Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space Is provided below for additional signal/Ires of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Co1porate Seal) Company: (Corporate Seal) Signature: Name and Title: Signature: @ Name and Title: Address Address S-2149/AS 8/10 ---PAGE BREAK--- ui Q) Cl) - 1HIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This PoMr of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Certificate No. 6980920 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly Of'!lanized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cathie Hamlin: Charla M. Boadle; Dan Romain; Jeff O'Neill; Jennifer K. Mendenhall; Mark L. Roff; Melodie L. Pike; Nicholas W. Paget; Patricia M. Wachter: Shawn M. Wilson all of the city of Spokane , state of WA each individually if there be more than one named, Its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as Its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Bth day of May , Þ- American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company C: STATE OF ;ti $ COUNTY OF MONTGOMERY SS # 6, On thisà day of May 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and u m Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, o .2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer . Q) > =Ci ß :J > "C ..2à a) 0 os c: ? m­ mcn Q) C> t: o.E Ea) 0 . "C c: > Q) 0 :J Zu Member, Association of Notarlos This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limltation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. 'Mien so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limilations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Coáany. 'Mien so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in­ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies. is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies thi5 day of At> V' j I . 2o_Lk__. LMS_ 12873_ 122013 By:_9 _ Gregory W. Davenport, Assistant Secretary 46 ol 100 ---PAGE BREAK--- 4/6/201 6 CURTIS CONCRETE CONSTRUCTION INC a v STA Of WASHINGTON Department of Labor & I nd u stries C e rtifi cate of Wo rke rs ' Co m pe n sat i o n Cove rag e WA UBI No. L&I Account I D Legal Business Name Doing Business As Workers' Comp Premium Status: Estimated Workers Reported (See Description Below) Account Representative Licensed Contractor? License No. License Expiration Apri l 6, 2 0 1 6 603 209 082 1 1 9,442-01 CURTIS CONCRETE CONSTRUCTION INC CURTIS CONCRETE CONSTRUCTI ON J Account is current. Quarter 4 of Year 201 5 "11 to 20 Workers" TO I KARLA BOWMAN (360)902-5535 - Email : [EMAIL REDACTED]. gov Yes CURTICC881 K9 05/29/201 6 What does "Estimated Worke rs Re ported" mean? Esti mated workers reported represents the nu m ber of ful l time position requ iring at least 480 hours of work per calendar q uarter. A s i ngle 480 hour position may be fi lled by one person, or several part time workers. I n d u strial I n s u rance Information Employers report and pay premiums each quarter based on hours of employee work already performed , and are l iable for premiums found later to be d ue. Industrial i n s u rance accou nts have no pol icy period s , cancel lation d ates, limitations of coverage or waiver of s u b rogation (See RCW 5 1 . l 2 . 0 5 0 and 5 1 . 1 6. 1 90). .wa.gov/verify/Detailslliabi lityCertificate.aspx?UBl=603209082&LIC=CURTICC881K9&SAW=&ACCT= 11 944201 1/1 ---PAGE BREAK--- CAMEREl-01 PWACHTER ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE Ý 4/5/201 6 THIS CERTIFICATE IS ISSUED AS A MATTER O F INFORMATION ONLY AND CONFERS N O RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Molone( O'Neill/Alliant Insurance Services Inc. 81 8 W. iverslde, Ste 800 Spokane, WA 99201 INSURED Curtis Concrete Construction, Inc - - - - 309 N Park Rd Spokane, WA 9921 2 COVERAGES C ERTIFICATE NUMBER: CONTACT NAME: ÜJ1ÛNJn (509) 325-3024 I FAX (AIC Nol: E·MAIL ADDRESS: INSURER/SI AFFORDING COVERAGE NAIC # INSURER A : Continental Western Insurance Company 1 0804 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F ! REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF I NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED H EREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A A A A A TYPE OF INSURANCE x COMMERCIAL GENERAL LIABILITY -D CLAIMS·MADE OCCUR - - - GEN'L AGGREGATE LIMIT APPLIES PER =i PRO· POLICY JECT OTHER; AUTOMOBILE LIABILITY X ANY AUTO - - ALL OWNED - AUTOS - Loe SCHEDULED AUTOS NON-OWNED HIRED AUTOS AUTOS - - x UMBRELLA LIAB M OCCUR - EXCESS LIAB CLAI MS-MADE OED I x I RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE D OFFICER/MEMBER EXCLUDED? {Mandatory !n ŶIH} ]^_`eJabc O\OPERATIONS below Leased/Rented Eqmt ,.,ŷn x - N I A . POLICY EFF POLICY EXP LIMITS ' POLICY NUMBER IMMIDD/YYYYI IMM/00/YYYI EACH OCCURRENCE $ 1 ,000,000 x CPA60231 67-20 1 2/31/201 5 1 2/31/201 6 PREMlSesYE)*+col $ 500,000 MED EXP (Any one person) $ 1 0,000 PERSONAL & ADV INJURY $ 1 ,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ COMBINED SINGLE LIMIT $ 1 ,000,000 (Ea sc9Qonn CPA60231 67-20 1 2/31/201 5 1 2/31/201 6 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE IPer accldonll $ $ EACH OCCURRENCE $ 5,000,000 CPA60231 67-20 1 2/31/201 5 1 2/31/201 6 AGGREGATE $ 5,000,000 $ I PER I STATUTE I OTH" ER CPA60231 67-20 1 2/31/201 5 1 2/31/2016 E L. EACH ACCIDENT $ 1 ,000,000 C: l DISE::ASE $ 1 ,000,01)0 E.L. DISEASE - POLICY LIMIT $ 1 ,000,000 CPA60231 67-20 1 2131/201 5 1 2/31/2016 $1 ,000 deduct 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Pedestrian Curb Ramp Improvement Project-2016 The City of Moscow Idaho is an additional insured as respects general liability for the ongoing operations of the named insured. Waiver of subrogation applies. C E RTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Moscow THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 9203 ACCORDANCE WITH THE POLICY PROVISIONS. Moscow, ID 83843 AUTHORIZED REPRESENTATIVE I 7 © 1 988-201 4 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/0 1 ) The ACORD name and logo are registered marks o f ACORD