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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 21st day of May, 1996, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Quad-Cities Construction, Inc., (hereinafter, "Contractor"): WITNE:SSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through and the following: 1. Advertisement for Bids; 2. Project Specifications titled : STYNER AVENUE EXTENSION; 3. Bid/Proposal of the Contractor, dated May 10, 1996, to be physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 6. Change Orders which may be delivered or issued after the effective date of this Agreement; 7 . Addenda issued prior to opening of bids, to be physically attached to this contract. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. CONSTRUCTION CONTRACT PAGE I ---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 sixty (60) calendar days from the issuance of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE 4. CONTRACT SUM The City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of ONE HUNDRED FIFTY-NINE THOUSAND FOUR HUNDRED ELEVEN DOLLARS and NINETY-NINE CENTS(159, 411.99) . 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. CONSTRUCTION CONTRACT PAGE2 ---PAGE BREAK--- ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLE 8. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and the City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This contract may not be enlarged, modified or altered except upon written agreement signed by the parties CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the Contract Documents, without the prior written consent and express authorization of the City of Moscow. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. CONSTRUCTION CONTRACT PAGE4 ---PAGE BREAK--- ARTICLE B. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: City: Quad-Cities Construction, Inc. P.O. Box 217 Pullman, WA 99163 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. Contractor: CONSTRUCTION CONTRACT PAGES City: ---PAGE BREAK--- ACKNOWLEDGMENT On this ::J3'c day of : l , 1996, before me, Notary Public of the State of :\t;ilE, personally appeared.¥,,''"· d I ' \ ' l d L J! O.::.'().:ti:X'l.X.X-.L!'icfi h , f f ' , 1 I , t an lll' t e1r o 1c1a capac1 y as President and Secretary of Quad-Cities Construction, Inc., known to me to be the persons described in the above document and acknowledged to me they executed the same. ACKNOWLEDGMENT on this -W day of 1996, before me, a Notary Public of the State AYf Idaho, personally appeared Paul C. Agidius in his official capacity as Mayor of the City of Moscow, known to me to be the person described in the above document and acknowledged to me he executed the same. ą , LD0 On this , # Yfr / l f e • ˄ В , 4 4 !iLd:\R Notary Public resim1ng at 77]rXY My commission expires: ' / ' / ' f ( J / ACKNOWLEDGMENT n day of 19 9 6, before me, a Notary Public of the Stof Idaho, personally appeared Elaine Russell in her official capacity as Moscow City Clerk, known to me to be the person described in the above document and acknowledged to me she executed the same. CONSTRUCTION CONTRACT PAGE6 at ---PAGE BREAK--- BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: 5Jtoh(:, 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 STYNER AVENUE EXTENSION, speci/ltb[rein and which construction documents are on file with the City Engineer, City Hall Annex, Moscow, Idaho, aVYwhitĜgs re a condition hereof with the same force and effeĘ ęě Ě though they were attached hereto. The offer is cond3)tzi:l';)':\i:e'lf!ȅ n 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 ---PAGE BREAK--- I I I I I I I I I I I I I I I 6 7, 8, 9 > 10. ll. spe cifications within the time limit the rein after notification that the said proposal is acce pted, all ln accordance with the provisions of this proposal and the spe cifications. The unde rsigne d furthe r agree s that the CITY shall have the right to accept or reject any bid ite m de e me d to be in the best inte rest of the City. The undersigne d agre e s to order all necessary e quipment and materials within a pe riod of three days afte r Notice to Procee d has bee n issue d by the City Engine e r. The undersigned, as a bidde r, Numbe r through acknowledges that Addenda have be e n delive re d to him and have bee n e xamine d as part of the contract documents. The unde rsigne d agre e s to comple te the contract by the date se t forth of the Instruction to Bidde rs. The unde rsigne d holds Idaho StJ te Numbe r t 0 I 'iS - I+P,.k :1 - Ll (y 3 . all work e mbraced in in paragraph IB-13 Contractor's Lice nse The unde rsigne d propose s to use the following sub contractors in the pe rformance of me eting the contract requireme nts: Subcontractors Trade Spe cialty Amount a. b. c. 12. The undersigne d propose s to furnish labor, mate rials, equipment and services of all kinds required for STYNER AVENUE EXTENSION, as describe d in the specifications, including all appurte nant work, all as require d by the spe cifications and this proposal for the price s ln accordance with the comple te d schedule contract prlce s as follows: Page 3 ---PAGE BREAK--- BID SCHEDULE ITEM ITEM QUANTITY UNIT TOTAL NO. DESCRIPTION & UNIT PRICE PRICE 1. Excavation and Embankment per so2 ob cubic yard 747 c.y. 597\, - 2. Remove and Dispose of bituminous surface per 30.'? 00 square yard 95 s.y. $ - 3. Remove Concrete Curb per ,sȂ ȃb;;t s_o lineal foot 35 l.f. $ $ 4 . Remove Concrete Sidewalk per 5cp II'S square yard 23 s.y. $ $ 5. Borrow per cubic yard 968 c.y. $ $ 3388Ě2 6a. 1-1/4" Base Aggregate :J.5] loS per square yard 2724 s.y. $ ?oc:o- 6b. 3/4" Base Aggregate .2ę Ȅ117 S_2. per square yard 2724 s.y. $ $ 6c. Geotextile Fabric Ę per square yard 2724 s.y. $ ,I.S $ IT10 7a. Plant Mix (base course) Ȁȁ to l'l8.;l5 per square yard 2825 s.y. $ 7b. Plant Mix (surface course) 2..3J> (o 7::13 SB per square yard 2825 s $ $ Page 4 ---PAGE BREAK--- 8. Construct Concrete Curbs per lineal foot 1394 1. f. 9a. Construct Concrete Sidewalk per square yard 729 s.y. 9b. Construct Vehicle Approach per square yard 50 s. y. 9c. Construct Concrete Slab per square yard 18 s lOa. Construct 4" Perf. under-drain per lineal foot 275 1 . f. lOb. Construct 4" Solid under-drain per lineal foot 157 l. f. 10c. Const. Storm Sewer per lineal foot 34 l.f. 11. Const. Catch Basin per each 2 ea. 12. Construct 8 inch Water Main per lineal foot 678 1. f. 13. Const. Fire Hydrant per lump sum 1 l.s. 14a. Erosion Control Blanket per square yard 370 s.y. 14b. Seeding per acre 0. 25 ac. Page 5 $ 7 $ $ I if $ $ 53 $ $ 18 $ $ 5 '5_3 $ 5ė $ 3::!4j $ oo $ 7'50- $ $ ;ns_l $ $ ;loco D. $ $ $ $ co \;;loo- $ $ $ go ID1o?,"' - q1 13 7'1q Ą 5o ll.).io - 7ǿ 34D- 75 1'5 20 - -zl gr,s- II o'f - oo I SOD- I 8 t,;s '6 ,;)coo l/0 5bd. - oo 300- ---PAGE BREAK--- 14C. Topsoil per cubic yard ot> 300 c.y. $ ID Ƕ oo $ 3ooo - 15a. Illumination per each 3 ea. $620.00 $1860.00 il2,51C:,, Gb 15b. Conduit Installation per lump sum 1 1. s. $ C $ 16a. Retaining Wall No.1 per square front foot $ l? 480 s.f. f. 16b. Retaining Wall No. 2 per square 1 7 Ė 1451 s.f.f. $ front foot 17. Pedestrian Guardrail per lineal foot 18. Construct Chain Link Fence 20. 21a. 21b. 22 23. per lineal foot Adjust Catch Basin per each Street Monuments per each Plant Spruce Trees per each Plant 'Tam' Juniper per each Erosion Control per lump sum Mobilization per lump sum 00 7 o 1. f. $ I' 100 1. f. j 00 1 ea . 1 ea. $ 1Ƿ_-Ǹo-ǹ _ 3 ea. $ Ǻ15ǻ7Ǽǽ-0 so 3 0 ea . $ oc 1 1. s. $ 00 TOTAL BID Page 6 $ b'5h'P- co $ 12.23 - DO $ !5o- '50 $ 472- so $ 7B7 - D" CO- ---PAGE BREAK--- I I I I I I • • I I I I I I I Firm Name of Bidder Signature of Bidder Official Title Mailing Address Public Works License No. Incorporated SEAL (If Incorporated) Dated at ii Rl\mB This 1\J'\i. day of ..clu.IVl.u:l-"1['---- ' 1996. Page 7 ---PAGE BREAK--- UNITED FACJ:FJ:C :INSURANCE COMPANY HOME OFFICE, PHILADELPHIA, BID BOND Bond No. APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A. I.A. DOCUMENT NO. A-310 I FEB. 1970 ED.I KNOW ALL MEN BY THESE PRESENTS, that we Quad Cities Construction, I nc. as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of Philadelphia, a corporation duly organized under the laws of the Commonwealth of as Surety, hereinafter called the Surety, are held and firmly bound unto City of Moscow as Obligee, hereinafter called the Obligee, in the sum of 5% of Bid Amount Dollars($ 5% of Bid Amount for the payment of which sum well and truly to be made, the said Principal and the saia :>urety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Styner Avenue extension: excavating, piping, asphalt paving. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of A.D. 1996 UNITED PACIFIC INSURANCE COMPANY Karol J. McBride Attorney- in- fact BDU-2305 5/93 ---PAGE BREAK--- RELIANCE. NATIONAL INDEMNITY COMPANY ADMII'IISTRATIVE OFFICE, PHILADELPHIA, POWI!;R OF ATTOR.l\IEY KNOW ALL MEN SY THESE Pf!l?SENTS, that RELIANCE .!lURETY COMPANY is a corporation• duly organized under the laws of the State of Del ҇ware, and that REL1ANCE COMPANY arnt UNfiED PACJRC fNSURAN_CE COMPANY, _ar_e corporations duly organized under the laws pf-ēhe Commorrwealth of Pt;!'nhs\tlvania _ and- that RELIANCE NATiONAL COMPANY i:s' a corporation _diJIY organiz$d -under the _-laws of th :State of: Wis-consin {herein coilectivety- ccalJed '"the Companies"+ 'oiUJd that the Cof!1panie$ by virtue of signatJ..tre and-:seafs do hereby, make, 'constitute and- appoint Usa-Smith, Karol J. _McBride҈ of Ctark:҉n, Washin_gton Ҋheir ttue and lawful Attoxney(s)-inҋFat:ti- to make, execute, -seal ľod defiver_ for and_ Oft theirJiehalf and as_ their-_ acvmd- de:ed- any and all bt.mds and undertakings of_ suretyship and to- bind the Companies thereby as fuUy ani;fto the same_ ext¹nt: as and undertakings _and other writings _nature thereof-were signed by an Executive Officer of the Companies an$:1 $eaJed and attested by -OM other of such officers_, and hereby, rat,lfies arn;i confirms all that their $aid Attorney{$Hn-Fac:t may do in_ pursuance hereҌf-: This .f'ower of Att<;rҍey is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, llELIANCҎ lNSURANt;:E • COMEANY,. UNITED PACIFI.C lf\ISURANCE COMPANY, and RELJANCE NATIONA.l INDEMNITY·. COMPANY which provisions--an!! -now in fuit force and effect,-readfng as_ ARTICLE :\Iff-" E'XECuridt>tOF SONPS 'ANti lJNOERTA-KfN'GS ' ' 1. _ :ftl1_t3oҏp -ofOJi:ctprDz, thi(Pt-¥-stҐ'ent;- :lf;C_ ,chaJrmari- ?f the aO'ard,. aqy s_ґntor Vi&t--ˁr˂dem, MY: Viʸ -f'r(Si_dimt or Assistant-V""n.siderit or birii:tO_rҒ_,$&1 hÞ-pawß and aàtnofity tt;Ѕ lal a-ppotnt,Atrolri6y!SHJ1:f:?Ct anti tthulfni:iriJ!fo them tn(a'l(eeute onb(lhalf or. 1;-h!(Com:pany, twriljs and oiner Writings x.lhli{lator'l natuttl';theioof, and -t6 Jemnve_,-aoy SVC!l ilfly time al:t Eҕct_ to the JĊ$:: - a0t1_ hm;DCim_-dt_fN _PBĉ - d ArtqrđĒY - Ǯ - -:t_d e)f:'d_Ut*:-de!iĈi?i : _ җn-_bҾaif , qt !ne Compaflv: aroJ UMǯak(r:ǰ', fW::agtJizfJ'n¢DZ< 9?0tfacts -pt- ami ҘlҙҚ-YA0tfu.t>Jtatw:e-tf1qreot_ The ҽ;orpora-te- Іlll nқi;:_es:&Ҝty,:'fur_ th?,- vafiffitY- ot any _bonds arttH;nct-errakings, r-e¢09m<:anees,-ct::.nttacts of ltidemnity aM other writfng:s -in the natur, {fi¢rЈt; 3; shall 'have Powiu ahd autMmi;:tҝ-: ćAtҞ to-_1imcts,' -idzgnjtǴrtǵ, :cm1tragts, Of inҢntlY :M other or' otiilS<>tnfY ur;derta!qngs 4md they snail llis:o havt power and, authority to, 4etti:fʺ Statilin-e(!t_ G:f'tne-Comp'any an4 to-t:oples ofth;e-SyЏLaW$ 61 th'e theneof. Z; ':Thl's, ЋoW,et ofIJiy Js s!9 - ң--87 -seal® Їy JĎďĐfu; č-(ider aˀ by g{jKLif/MhhN, !Čwing reЌQiufion 6ҤKfby lf Olt actors of RelianOO -Surety -Ccmp-any -b-Y !Jnammout Coment 4ated -as: ¢ MarCh 31 , _1994. i , o' , , , ' "flksoJved,, tflat the Sl)ma'tt,ros_,Of S:uCJn:linae'tҨ_ :{lnd officers: ami theo sea! of tlw C®Jj:tany niifjl be '$ffiXOO to- any- spch Po,.V:er o-f AttҩrD\1:y or -any cilrtificate&_-f;:;latin!) thermo' by , facsitnila:-/ J:>c•t 1.4. t9!14, Ĕfotĕ.nl?, :lane'! ll!lanklUrpose therein ! cootaifled: by signing the_ -:name of -th¢-pqrj:H:tҹtitm by}Һl(rl;S_elf aet Its-- -aut:y authorized _officer._ , , , 1i tn witnesҼhN-hҿfeof, I her'eur)to set 'riiY"hand and ntfit:;iia(se,aJ:- !I lNһiURAN<;t COMPANY, INSURAilCE COMP rn.e •roc•ve and: foregoh1g, Js a true and correct copy of the Power ---PAGE BREAK--- 5/10196 City of Moscow Moscow, ATTN: Dave name a supplier was ml:!l:ai::e!ly bid form for the above referenced project. performed by Quad-Cities Coosrmc!ioo, Inc. as a Sinoerely, 15CA93324410 94% ---PAGE BREAK--- Bond No. U2658125 UNITED PACIFIC INSURANCE COMPANY HE AD OFFICE. PHIL ADELPHIA, A PERFORMANCE BOND The American Institute of Architects, AlA Document A311, February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here msert fu!t name and address or legal title of Contractor) QUAD C I T I E S CONSTRUCT I ON , I NC. , 5 02 6 WHELAN ROAD , PULLMAN , WA 99163 as Principal. hereinafter called Contractor, and UNITED PACIFIC INSURANCE COMPANY, a corporation of the Commonwealth of with its Head Office at Philadelphia, as Surety, hereinafter called Surety, are held and firmly bound unto (Here msert full name and address or legal tlt!e of Owner} CITY O F MOSCO\l, P 0 BOX 9203 , MOSCOW, I D. 8384 3 - 1703 as Obligee. hereinafter called Owner. in the amount of ONE HUNDRED F I FTY N I N E THOUSAND , FOUR HUN DRED ELEVEN AND 99/100 15 9 , 411. 99 ) , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION is such that. if contractor shall and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's 'bligations thereunder, the Surety may remedy the default, or shall 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract !n accordance with its terms and conditions, and upon determination by Surety )f the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible )idder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de ault or a succession of defauits under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the ;ost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may >e liable hereunder. the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, ;hal! mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly >aid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on whicn fine: payment u.1der the :ontract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Ownar named h'9rein or he heirs, executors, administrators or successors of Owner. )igned and sealed this to February, 1970 B 5715ax Printed in U.S.A DU-2304 6193 3rd day of { JUN E Shaun 19 96 TED PACIFIC INSURANCE COMPANY ' f lfl:J:ă< ATTORNEY- IN-FACT ---PAGE BREAK--- RELIANCE NATIONAL INDEMNITY COl\ilPAl'\'Y 1\DMJNISTRATIVEOFFICE, PHILADELPHIA, POW:ER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, 'that RElJANC€.':-SUR:ETY COMPANY-is Ai CorpOi:Eition duly organized undei the laws of the State of DelĿ aware,- af)d that- R£:qANCE l_N$l:JRA1'JCE_ COMPANY and UN1TED f)ACiflC' INSUf!Af\ICE COtvff\•\NY, are corporations _duly _qrganize_d t:lnder the l;aws t:,rf_the-Commonwealth of -ŀnd that REUANCE COMPANY is: a corporatiory dufy_otgan¥zed under the- laws of the- State O'f Wi:s_consin {herein coUective1y called _"the Companies"} and that -the_ Companies by virtue _of signature :and seals do_ -hereby ma_ke, cohstitute and appoint Lisa Karol J. o_f Clarkston, -_Washington thŁir true a_nd lawful Attomey(sHn,.Fłct,, _to make_, execut-1$, seat and deHver for and Oil thelrJaehatf, aryd as their act artd deed- 51ny and aU' bonds and undertakings of suretyship -and to bind the Companies ther1;)by as fully and- to the, same extent as' 'if bonl:;ls and 11nd other writings obligatory ln the nature thereof wera _signed by an Executive Officer _of-' 'the Companies- an_d- seafafJ and _ attested by one - other of , such officers, and hereby ratifies and' confirms aiJ that their S:aid may do _in pursuance hereof. This Power of,AttornŃy is granted JJnder and by the authority of Article VII pf the By-laws of RELIANCE SURETY COMPANY, flEUAN:CE INSURANC!' COMPI\.NY, UNITED PACifiC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions ann1ow in full forctraod effect; readin.g-a$L f9Hows: ARTICLE v:t-'iiXfJ:CJJ}lON OF-BONO$ AND, UN[) _Attetnl)!:y{$J·In-Fi- :$hail_ 'h$ve' poWer #nd au;÷";5'fh::ifiiÈ4Éifc:töÊË;Ì1:::t.,:,õô::Í.ÎÏa::·ÐÑ=Ò;!:::;::;, ,;pnÓracts, of,lfrinity' nr nther, coni,1!tion1Jl or w-Aerti!JcinlJS:afld _they'cSl1aJ! atso tave PDWc&' ?nd $Ytt1f:!ntv 1 onne_Company cr any artic:Je-or seetioo mereot. This:¬?V,':er{®itP_tn:¯yJ _s signǫǬ-ǭn(j seaJþ.pÿ--øù-úûü-ý 1.1f\def aJ'ld by autnorlty ot thl;l ·fl!bwing r¢s611..1tion au:Pi>ted, b;)r the -Executive anct Finarn:;e CQ11'1m'ittnes of tM $Ѓ nt Ormctors ut Re11:ance lrisuranj;;f.t-_qoorp;my,'- Unted -ÔflfiC' lrsuraAcÕ :comÖny at\d Jellance National fndem_JJity Company by Un;;u)lmous Consent o.,ted of Febn.1aty -28, 1994 and by tiW E:;;:ecvtivl! #f1# Fin&h-tn>i Comm,lnae ot the 13o_ar:(i: of tnr:ebtJower scr executea and certified 'bY fslmile sigl1i11Ures and facsimile ,t_ea! sh(>tl _tie vall!{ aPd_- i:)it1S{ln{;p;_pp_n the ComJJanv, hi the f_utunn.vt'th n'l)J:j}ll:Ct -UH>UY' t:Xli1d or undertaking tn whiCh ft is attaehe:ms and assigns. JOintly and severally. firmly by these presents. WHEREAS, Principal has by written agreement dated Owner for STYNER AVENUE EXTENSION 19 , entered into a contract with in ae:cordance with Drawings and Specifications prepared by I Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Pnnc1pal shal! make paynem to all ctairr",ants as heremafter defined, for all labor and material used or reasonably required for use in the performance ot the Contract, :r,en this obligation shall be void; otherwise it shall remain in full force and effect, subject. however, to the following conditiOns 1 A c!a1mant is defined as one having a direct contract with the Principal or w1th a Subcontractor of the Pr:ncipal for labor. 'TlBteriai. or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to in ::1ude that parr of water, gas, power, light, heat, oil, gasoline, telephone service or rental of eau1pment directlv applicable to the Contract 2. The above named Principal and Surety hereby jointly and severa!iy agree with the Owner that every clz:imant as herein defined, ,.vhc nas not been paid in fu!i before the expiration of a period of ninety (90) days after the date on which the last of such claimant's 'Aork or labor was done or performed, or materials were furnished by such claimant. may sue on this bond for the use of such ciaimant, yose:Jte the sun to fmal Judg.ment for such surD or sums as may be justly due cia1r:1ant, and :--1ave execut1on thereon. The :Jwner shall 'l:Jt be liable for the payment of any costs or expenses of any S:Jch suit. ---PAGE BREAK--- 3. No suit or action shall be commencecl hereunder by any claimant: a) Unless clatmant, other than one havtng a direct contract with the Principal. shall have given written notice to any two of the fol!owmg the Pnnc:tpa!, the Owner. or the Surety above named, within ninety {90) days after such claimant did or performed the last of the work or labor. or the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such nonce shall be served by mailing tne same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main tamed for the transaction of business, or served in any manner in which legal process may be served in the state in the aforesaid project is located, save that such service need not be made by a public offtcer b) After the exoirat1on of one year following the date on which Principal ceased work on said Contract, it being understood, however. that d any l1m1tat10n embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, IS Situated, or tn the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good fait!i hereunder, in· elusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, wheTher or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 3rd Labor and Matenal Paymen, Bona Aev1sed to February. 1970 SB 5715ax l2l Printed in U.S.A. BDU-2304A 7193 day at JUN E !Witness! By Shaun K. Wexler, Controller (Title) UNITED PACIFIC INSURANCE COMPANY By e .'!Jl/fl@c z:r Attorney-in-fact KAROL J. MC B R I DE ---PAGE BREAK--- RELIANCE NATIONAL INDEM!Io'In' COMPANY OfFICE, PH!LAOELPHjA, PO\VE.R OF ATI'ORNEY KNOW ALL MEN BY THESE. PRESENTS# that RELIA , N:CE:_StJHETY_ COMPANY is a corporation duiy ofgahized under the laws of the State of DelŨ aware, and that RE:UANCE INSURANCE COMPANY and UNtTEb- PAClFIC-1NSURANCE COMPANY.- are corporations duly organized under the taws of the Commonwealth of that_ RELIANCE NATIONAL JNOEMNITY COMPANY is a corporation duly organtz_ed -under ʵhe laws of the State of Wisconsin !herein collectiveJy called "the Companies") and that the-Companies by virtue of sũgnature :a_nd sears _ do _hŪūl>Y make, constitute and appoint Usa-SmithЄ Karol J. MeBddeE of Clarkston. Washington their true and lawfuf Attomey{sHn-Fact, to m:ake,_-e}(ecuteŬ-seal and dŭiiver for and_ on their behalf. and as their act amldeed any and aff bonds and undertakings ohru:r-etyship and to bind-the Companies thereby as fully ar:u:l'ro the same extent as if_ su¢h bOnQŮ _and _undertak1ngs and other writings obllgatory ln the nature ther-eof were signed by_-an _£_xec)Jt!ve Officer of- the Companies and seaJeg_ and attested by one other of_ such officers, and hereby ratifies and confirms aJJ that their-- said Attorney{s'Hn-Fact may do _-in pursuance hereof,- Thls Power of)lttorney is granted under and by the authority of Ar!lcle VII of the By-laws of RELIANCE SURETY COMPANY, RELIANCE Cl)MPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisiOns are now jn Julf for'Ce ,and effect, re-ading as follows: ARTiCU:Vll • EXECVTU:::ni OF BONOS ANP VNPERTAKING$ 1, Tl're Bt!ar -of_f)l4c;tors, . the PreSident,.-tfie Chairman of the auai:d, any $eniot Vice f'r:es ijlent, anv Vice Jl'resiЂfint AsSistaflt VfC(l Pie² JJT ether Officer de$i\}nateQ :by the Board of Olʶt:nrʷ- $h?H haye,-pOw_er -apd,AU1(ntv_ 11?- taJ appoint:Att-qrne:y!sHn-Fact and tn auttÒi;:e thtm'\ to_-execvw·on behalf_ oi ttar (;pmparty. born:ls and undertaki"fJS, reC4gni:tatlpes, cootracts -of and 0-th:ffi" writings obligatory iu'th:e na³ure ,thereof. and Jl;il·to--remoV!f$'\y such Attorney{J)JÓln-J.>:aet at te- ther.ep_t The ;:,otpora:te l is not rn ohmY tn;:nds am::L f-J!l{:ognizante$:,' nf indenmay and other IIWitinJ1$ obligatorY in the nl}turfdt(ereof, < · , _ ' , , ' ' ' , ' ' " Attomey{s)-..in-f:a:ct shaft h ave J){)Wer and authority< tO _exf.lcute aff1qa:.'tt;; re 9ui_rǥd- Jo -Ͼ :attaChed !Q _boods. reeog:n-lz_ances J;Ontracts indemtiilY or tither c_O!)(jjt!Onal or obtigat.:;ry unt.tertakings and they, Shall slsQ have; PQwer ;mct authority tc the tln do SQ, e:xecutft'j:d the_ .foregoing inst(ument for the, purpose 'thetein i contained- by űi-gning the-n:ame u_f -the corppr'atlon by-t lmself a$1ts duly authorized officer, ; , ' ' " ' " I tn witness':\.vtr.ereof, j hefeUrtto set m:Y nano ·:and offiCiaf'saL in arid for the State Of Washington Residlngat Puyallup Rtl!>yn layng, Assistam $ecretarV d tM seals of said Companies this :d C:\;UN1E_ . , + 19 ð. ?A..J ®ee - ---PAGE BREAK--- (509)758- ISt,onE!braker McQuary 5th St. INSURED Quad Inc. 5026 WA 99403 Ci ti es Construction Whelan Pul l man , WA Road 99163 Ext: 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 COMPANY B COMPANY D COMPANIES AFFORDING COVERAGE Houston·· General THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR A A A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON..OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE City of Moscow P 0 Box 9203 INCL Moscow, ID 83843-1703 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/00/YY) DATE {MMIDONY) GENERAL AGGREGATE s PRODUCTS · COMPIOP AGG s 06CMP947277302 03/31/1996 03/31/1997 PERSONAL & ADV INJURY s EACH OCCURRENCE F!RE DAMAGE (Any one fire) COMBINED SINGLE LIMIT s BODILY INJURY (Per person) 06CMP947277302 03/31/1996 03/31/1997 BODILY !NJURY s (Per accident) PROPERTY DAMAGE AUTO ONLY- EA ACCIDENT OTHER THAN AUTO ONLY EACH OCCURRENCE SUMB947277402 03/31/1996 03/31/1997 AGGREGATE EL EACH ACCIDENT EL DISEASE - POLICY LIMIT Styner Avenue Extension. REVISED CERTIFICATE 6-4-96 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. l@Jf)(Jl(I)OOtJiX!XJl()(Ϻl(ϻ-ϼl