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THIS AGREEMENT, City of Moscow, (hereinafter, "Contractor") WITNESSETH: CONSTRUCTION CONTRACT dated this 22nd day of July, 1997, by and between the Idaho, a municipal corporation of the State of Idaho "City") and Bodiford Construction, (hereinafter, 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 e ntire agree ment 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 : MOUNTAINVIEW STORM SEWER; 3. Bid/Proposal of the Contractor, dated July 9, 1997 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 delive red or issued afte r the effective date of this Agree ment; 7. Addenda issued prior to ope ning 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 PAGEl 97-27 ---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 thirty (30) 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 accordance with the Contract Documents in ONE HUNDRED EIGHTY FIVE THOUSAND AND completion of the Work in current funds the amount of THREE HUNDRED FIFTY-EIGHT DOLLARS ($185, 358.00). 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. 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 hereto. The Contractor may not subcontract or assign its rights CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- (including the other than as prior written Moscow. right to compensation) or duties arising hereunder contemplated by the Contract Documents, without the consent and e xpress authorization of the City of 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 dee me d 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 re quirement. The Contractor and his surety shall indemnify and save harmless the City and its e mployee s, 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 e nforce the terms and conditions of this contract, the prevailing party is e ntitled to recover reasonable attorney's fee s 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 bee n used or attempted in an effort to influence the outcome of the compe tition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. CONSTRUCTION CONTRACT PAGE4 ---PAGE BREAK--- ARTICLE 13. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: City: Bodiford Construction 8975 West State Street Boise, ID 83703 City of Moscow 122 E. 4th Street P. O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: by: Don Bodiford, Owner CONSTRUCTION CONTRACT PAGES City: Paul C. Agidius, ayor ATTEST: j_1_/f/4X-´ ---PAGE BREAK--- State of County of ACKNOWLEDGMENT ) ) ss ) On this day of , , before me, a of the State of C , personally appeared Don Bodiford, in his official capacity as owner of Bodiford Construction, known to me to be the person described in the above document and acknowledged to me he executed the same. [seal] CONSTRUCTION CONTRACT PAGE6 ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL 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 MOUNTAINVIEW STORM SEWER, specified herein and which construction documents are on file with the City Engineer, City Hall Annex, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the 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 1 ---PAGE BREAK--- BID SCHEDULE Item QOANlTl'Y ITEM DESCRIPI'ION & UNIT 1. Cleari:r:g, grubbi:r:g, trimning per 1 l.s. lUI!p sum 2. Rarove/ salvage existi:r:g 36-inch 389 l.f. culverts per lineal foot 3a. 48-inch storms± pipe per 1420 l.f. lineal foot 3b. 48" X 48" X 24" Tee rranhole per 5 ea. each 4. Manufactured reducer per lUI!p sum 1 l.s. 5a. Trench excavation/backfill class 1339 l.f. per lineal foot 5b. Trench excavation/backfill class 130 l.f. per lineal foot 6. Construct storm rranhole per each 1 ea. 7. Construct area inlets/8" side 8 ea. drains per each Sa. Connect 4-inch diarreter side drain 5 ea. pipe per each 8b. Cormect 12-inch diarreter side 3 ea. drain pipe per each 9. ² water rrain per lUI!p sum 1 l.s. 10. Construct rip-rap head wall per 1 l.s. lUI!p sum 11. Adjust existi:r:g rranholes per each 7 ea. 12. Traffic control Per lUI!p sum 1 l.s. 13. Trench 'Over Excavation' 20 c.y. Per cubic yard 14. M:Jbilizatian per lUI!p sum 1 l.s. Total $ Page 3 UNIT PRICE oo $ ;J6oo $ oc L'.tl $ 6?Soo 00 $ 23&D I 60 $ /s-D6 $ z;z_ OD $37 oo $ / aoo oo $ oo $ 7{)o $ Bco $ ifs-co oo $ 2-;,DbO $ 00 $ Sboo r;(J oo $ loooo i.B"+ 3;f:" ³ 'l.U:CAL PRICE oe $ ,-'>bQCl $ .Mt.?6D $ IJ2,,3DO $ //,8.00 ' d) oo $/:YCJD $ 2%"1£8 60 $ 1f810 $ rf!.Poo co $ f:;4co 00 $0Soo $ ;s,¥00 eo $1-Soo 06 $ ;;,ooo oo $?;Boo = oo tJoo 1!)0 $ $4DQO ǻ ---PAGE BREAK--- RELIANCE SURETY COMPANY PHILADELPHIA, BID BOND APPROVED BY THE AMERICAN 1NSTITUTE OF ARCHITEClS AlA DOCUMENT NO. A-310 (FEB. 1970 ED.} KNOW ALL MEN BY THESE PRESENTS, that we Don Bodiford dba Bodiford Construction 8975 W. State St. #4 Boise, ID 83703 as Principal, hereinafter called the Principal, and the RELIANCE SURETY COMPANY, a Delaware corporation, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Moscow, Idaho as Obligee, hereinafter called the Obligee, in the sum of Percent of The Total Amount for the payment of which sum well and truly lo be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, joinlly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid lor Mountainview Storm Sewer, Moscow, Idaho NOW THEREFORE, il !he Obiige>e shall accept l!l!e bid ol the Pri1nci:pai and !he Pri:ncioal shall enler into a Contract with the in accordance with the terms of such and such bond or bonds as may be in the or Contract Dooumel!l!s wit'l and sufficient lor the faithful pe:rio:·m9mc:e ol such Con!mcl and the labor and material tumished the the even! of failure of the to enter such Contract and such Princioal shall pay to l!l!e !he difference not to exoaed the oe:nallv hereof between !he amount speci:lied in said bid and such amount lor which !he IJ'!:ma:Y in contract with another to l!l!e Work covered said l!l!en IIIIis shall be null and void, otheMise to remain In lull Ioree aoo effect Signed and sealed this 3rd RSC ?3DS f :ss day of July A..D.1997 Don Bodiford dba Bodiford Construction ---PAGE BREAK--- UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPAc"ff ADMINISTRATIVE OFFICE, PHILADELPHIA, POWEI,t.OJF ATTORNEY KNOW ALL MEN By THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized underthe. laws ofthe. State DeF aware, and that RELIANCE INSURANCE COMPANY an;i UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized. undet tile laws of the -Commonwealth of and that RELIANCE NATtONA.t INDeMNiTY -COMPANY is _a corporation dt:dy organizE!li unQer thɆ_ -la_ws o_f, the State of Wl_s-consin (herein collectively, calfed "the_ ComP#}niestl ,and that _the Companies _ -by virtt,Je- of si_gnp.tt.Jre, and ,s:eals -d(l: hereby _make; constitute and appoint Owen D. PipaJɇ Dennis K. AndeJ$on,- ol_ Sl,>l_seɈ_ :idaho-thejr__true-ɉ:nf.LJayvft.d _Attorney{sHn-Fa_ct,· Ɋo make,- execute: • . - _seatan-c,f deliver· for and on their behalf, -and as thelr a:ct and deed -any and -all bonds and uritU!rtakinQ$_ of _-suretyship -_and to- bind tfte Gom:pani_es, thɋte_l:)y as , fully-and to the_ same extent as if suvh bonds and _undertak,ing_s and-other writings obligatpr:y- ifl tbe -nɌture thereof IJiere, si_gɍd by: an-- Fxe:culive, ,Qffh::er uf the -_Qbfiga!OJY itt th_e natvre :thefect. ;>ntd remove any_ -ji!J!;;h-Att:orn;w{sHn-hct-at abY'JiffHI :atld-revoke the J)OWJ'&f and authorJtY ʗv ,coi'lttacts of indemnity and other Qbligatory in 1Ϫ nature tnereW. Thll cMporate stHny antt to copies of the By.J aws of the, Company or any article nr section tʝnf, This Power Of Attotnev is signed and sealed by , facSimile :under Md by al,lth!xity of,tha- following rasolt;t!Of\ ,adopleʞ ,by the-Ɏ_ecut'nttl_,and FlnijnC:e Cort!mittʟ--of the Bʠʡa,of Oir¥ctors nJ RetJance J_nsurance Company, United PacifiC-Insurance Company fDel, aware, and that RELIANCE INSURANCE COMPANY and UNITED PACifiC INSURANC!' COMPANY, are corp6rations duly organized umlerthelaiA(s. oJ the COmmonM'!aJth of and that, RELIANCE NATIONAL COMf:>ANY i;S a ƚ;orporatiorr qoly _ort;anizetl under, ttlt>- taws --of_ the, - St.;tte- of -Wiscohsin therein ,co1iectivety called -"the Companies-Ət and that- the CompantƐs- :'by virtue of--slgnatƑrt;umd seals _-do_ heral;;y ,make. constitute and appoint Owen Q5 Pipaf# Dennis K. Anderst:m, ufJǺo.is":.-_ _ Jdaho their -true-an!! tawfv_l Attorney(sƒ-inƓFact,_ -to make,-_ exeoute , Stlaf_and d`liver for ƔnQ on _their behalf, and as their act and deed any and- a1J 'bOrtd_s and -urrderta_kiogs -of-_ wretyship-.and to bind the- t;ompanfe,s ƕhereby_ as Jully and to the, same extent as if StJC:h _ bonds and -undertaking::r and- other writing_Ɩ <)btigatary jn the naturƙ_-_therec;rt were_ signed by-a:n _Bxe:cutiye _O:fficer:':-o:J the' Companies and $eated_--,anQ- atteste(j by -one other of such- officers. and hereby -ratifies and, confirms all that - their said _may -do_ -in pursuance hereof. -rnt_S -_POwer _of Aitom({y is- -granted under- _ahd J)y the authority of Artie}Ɨ VU ,of'tt)e,:BvƘLaws- _sufu;J:'f_-_CQMPA-NY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and. RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now ln tun_ fore` and effect, reading _as follows-: ART1CLEN!i , ,EXECUTli?N ()F:BONPS ANO_ 1 < :nw Bt;ai'd ot -Dinx:tors, the the Chairrn{m Qf the _$oard, any Senior Vic!!' , _ f't$1dent; anY Assistant Vice PresJ-dent or ,ether officer designated by t11e BOard of DlreptOrs sMtl have -powe.t and-authority tp_- iaJ- apf)Pint AttorneyfsJ.Jn-Fatt aru;llo -to exepute {1ft behalf 9f_i.t)e--Company, bond$ -and undertakings,: recog:r)JZ:arn:l'!S, eonttacts _of ln¢emnity Ϧ-mtw writings OO!lgat:wY in tM -naturtl -tl!'e:r!M'!t anti-ϧ--ttu¢mov1:!' any SMCI'f'Attomeytsl-ln"Faeh1Umy time and n:wclt:e tl'\e power -1;1r){J -given to-tiWnL ' ' ' ' ' ' ' 2, AttoiMY{SHn>-Fact sha!J have, powϣǹ ilrtd authority, Wbj!;lct to thiitermS and timitationiHJf tne lrr!d - unfjl#taklȤ-' recogmzances, contracts of indemnity 'af!d Other writings obligatory in the natvte recogmtaf\C.es$ wnttacts ot !r>dwnnity and oth!ilr ln the nature thereof, of isst,;MJ tn ih&n, m execwte de!ivl11- biJ tHm&lf of the corwatȟ Mal is nQH11!C$:$31Y-:f¢r t validity ct any bOnds and 3, :shall Mve: pl;lwer and authrulty tl'H!Xl'l:CUte affidavits requ\rl;:d to b'e to bonds, rffep:_gnJzances, of 1ruiefhnity or othgr condif:il:mal or obli.g'atory un.Oertalcings and they shalt -also hi.w-e poww and, authority to certify the ttnanclaf-Statement :Of :the Company and to eoph!s,ofthe By·laW$ qt the Company or any attield ,seated by facsimile under and by authQrity _of-the foflowing-,rewtutiOJ1 adopretl-by the &e<::uthte arld Finance Committes of t;heJioards _of DirectȠ t;f Rei! lflsurance Company, Unit;,d f>aclfh:! lfiS'.Jflli\Ce Company and Reltanc_e National IntWm:nity Corr;pany -,ny_ 'lJnaolm01.JS Consent -dated' as , !.if February ϥg, , 1'!:)94 and l;!y th Executive- a(ld ,-flnancla! Cornrruttee -of- tflti' Soard -ot Oire<::tors of fleliance SU!'atv ,Cnmpaoy by Unanim-ous Consent dated ot March 31, 1994. ¬R-esoJwd tt,a' the signatutes of such dir-eetors and -offiȡ and, tti'e s_eal Of the _(',(ompanY: may be affixed -to_ -arty such Power--oi Attorntiy_ or e-e;nm.::_bt-e:;; feiatfc : ttwreto by tacslmile;anrl any such Power ,of Auorney or certitkate beating sm::h jacsimile_ slQ_nawres or fȣcslmile seal snal! be, valid _and binding upon- the-Company and any,_such Ȣowli!r,,sp -exe:cuted and C1lrtified by tacslmi!e sigrtaturces: 'af!d faCSimile seal shall :b'e v_a!itl arid bln9ir-g upon the COf11PimY! ill theJuture With T-I!$PJCt to any bond or t;ftdertaking to:which n is attached." } } ss. Oii this, July 19Ϩ 1996, before me, Janet :Blankley, personaUy appeared Mark WŌ Alsup,- who acknowledged hlmseff to be the Vice PreSident the 'Reliance Surety Company, and the Vice President of 'Reliance Insurance Company, United Paciflc tnsurance Company, and Reliance- Nati(}nal Indemnity Company and that as such, being authorized to -do so,- executed the forer):oing instrument for the purpose therein-containeQ by SiQr:ling the name of the corporation by himself as its dufy authorited --tri witne'ss whereOf, I hereunto set my hand and official -seaL Notary-Pubf\C_ ln and for 'the State Residing at PuyaJtup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCI:; COMPANY, UNITED PACIFIGINSURA,NCE co. ANY$ aM REL_tANCE NA TJONAL COfVJPANY do hereby certify that the above -and foreg_oing 'is a , true -and -correct copy lJf the Pciwer of_ Attorney execgted by sald Companies, which is in full force and effect, Assistant Secretary ---PAGE BREAK--- RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE CO!'tei;l - by one other_ 'Of such-, offJc-ers,_ aruL!;?reby rat(fies ,and ponfirlT}S ϡll 'j:f1at -said Att(lrney(sHn-faetmay t!o irr pursuahce hereaf. This Power of Attorney io granted under .and 'by the a>Jthotity ·Of Article VI! of the By'laws RELIANCE SU$E1'Y COMPANY, RtuANCE INSURANCE COMI'ANY, UNITED !"ACIFIC !NSU!'!ANCE COMPANY,. and RELIANCE NATIONAl- IN!)EMNI'I'Y COMPANY wnlƆh are_ now Jn_ fu:ll JOfCei ,and effect1 reading ai;)-'fo!JpwS: ARTICLE Vjt , 'e_XECUTJON OF, _BONO,S, AND \JN(llffiT 1. _TM Bl)lir-d Qf Dkecrors, the ?teSidertt, tha _:Chairm,an of tht$ BOtlfd. anv':_Sen_ibr Vick_-,Presidȼt, _Presirler)(or'Ass:istant Vice Pres1ªnt or other dllsignat_ ed by the_eaard of Pirect:Qis shall Mve power ,and authority tn_ appninȾ am.JAo autlxe: them_ -V>_:a«l\lCI,l,t$ on ȿh?Jf of tɀe Compaoy, l:n::wms and tecogmzancoo, <:Mtracts Qf tooOQt1{2:1:l11ces, cimtracts of 3ndemffity and other wntiɊ, -;ibllgatory in the natute thereof, - TM corporate srta! not -nece:;sary for i:he valhlitY UHmy' bends and Ɂ!takingS, r«;opniU:!nCes, of lnderl'lnitv othM writings obligatory in ttw mture tMreot, shall -haV-e pOwer, -and authority- U} il.xiicuur aftidavl:t$ required to attached to bGf1ds, tɃi)Tlitaoces,, -¢ontracts lndlimnity Or otlwt -$_0f!diiional or oblf9atpry l,}f\deftakings 9fld they shalf :als'o have, power and,;:nrthorlty-to--ce«Jfy__the stat«nent of the Company _p_ted:by the-ExeɅutlve am! fiɌ!&ot:e, CommJti:ees of thlf$oard:s:, of :Dlrect9fS:, otJeliartee tru;vn:mt::?: Ci:lmpany, Umted Pacific !rtwrance Company and Re#aMe -cɆpatJY'-b)(_ unanimOOs' Corysent ,dated Ϟ- nf f'?bruary 28'Ϥ- 1994, aM by the, Executfvϟ _and Flflanctai qf the Soard of OJrectMs of fiel!ance Surety Compilny by Unanimovs Con$$fJt'dated:-,-of Mardi 31, 1'994- "Res:olved- that the Signatw:t.ls: ot sucn directors ;md offteers and the m>al nt the, Com:Pal1Y may affixed tp i:ttly such Power_--, Of Att:-6fneɇ- or any Ɉi"l'lciteS reiaiing -th¬?tit:q by faJ";simlhlAtM any svvh Power of Attorney or l;.aftlf!Cate taarlng such- %1griaturos M fapslm'lle: shan be vaiJd an<, btfJ{fmg upcm the C;ompmw arutanYy facsiml!a signatvres and faccirtlife -seal shall valid -ϛ :upon the, -t;:ompany the futJJte -with rŵt to -t'!nv bond or tmdertak!ng t1Ywh!ctr Ϝϝ IS attached.Ϣ U WITNESS _-WHEREOF, :the Companies_ haV:e- causƋad these preS'&ntS tO be signed' -Dzti(l thf: , ir '-corpofate_- $Ƈ_ais-: to -be---heietri affixed,-::t:hl$: :«ty 192 1996 • . STATE OF \l!l.a$hln!lf9n · ) CO\JN'I'Y Of King } ss. On 'this. July 193 19_94,- befofe me, ƈanet 5[6;7:8fft19t:;<=:>?@MAark W. Alsup, who_ acknowledged hi:mself 'to be< the Vice Presjdent of -the R?fianc'e Surety Company,J:ind the Vice Company,, lJnited-_Pacific lnsuran¢e-Company, and ReJiance Natt:anaJ Company anQ that a$ such, being foregoing l:n$trument 'for-the purpose therein contained by:signing the name of the corpora_tlon by himself as its duly 1n witness whereof,-t hereunto-set my hand and -official Notary"Pi.JbJ\C in ari(.f -f?r thǯ- State- Residing at-Puyaffup I, Robyn layng, Assistant Secretary of RELIANCE SURETY COMPAI';'r', REllANCE INSURANCE COMPANY, \JNITEb PACIFIC. INSURANCE CO ANY , _ and RELtANCE CO:MPANY do her-eby certify that the above and for:egqing Js-a _-true -and e:orrect copy _of' the Power of Attorney executed by sa:id CompƉnies,-which ls -Still in full force and effect. Assistant Secretary ---PAGE BREAK--- Bond No. IA CE s RE c A PHilADElPHIA, PENNSYIYM'lA LABOR AND MATERIAL PAYMENT BOND Tlw_I_&I_,J!IM_AS11,-1111i-. P2757815 y THIS OOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE OOND FAVOR OF THE OWNER CONDITIONED ON THE FUll AND FAITHFUl PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: !hat (Here insert full name and address or legal !ille ol Contractor) Don Bodiford dba Bodiford Construction 8975 W. State Street #4 Boise, ID 83703 as Principal, hereinafter called Principal, and, REUANCE SURETY COMPANY, a Delaware corporation, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Moscow, Idaho as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined. in the amount of** *One Hundred Eighty-five Thousand Three Hundred Fifty-eight and N0/100*** Dollars($**185,358.00**). for the payment whereof Principai and Surety bind ϖ. their heirs, executors, administrators. successors and assigns. jointly and severally, firmly by these presenls. WHEREAS, Principal has by wri!!an egreement dated July 22, Owner for Mountain View Storm Sewer, Moscow, Idaho 19 97 . entered into a contract with in accordance with Drawings and Specffications prepared by (Here insert fuli 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 CCIIIOm0!\1 OF THIS OBLIGATION is such !hat, II Pnncipal shall make payment !o all claimants as hereinafter defined. for aU labor and materiai used or reasonabiy required for use in the performance of the Contract, then this obligation shaU be void; otherwise it sha:U remain in fuiſ force and effect. subject. however, to the foilowing conditions: 1. A claimant ls defined as one having a direct contract with the Principai or with a Subcontractor of the Principal for iabor, material, or both, used or reasonably required for use in the perlormance d the Contract iabor and ma1.eria.f being construed to in clude !hat part ol waler, gas. power, haa!, oil, gasclioo. !elaphooo sei'Vica or ren!el o! equipment direclly applicable 10 !ha Contract 2. The above named PrindpaϚ and Surety and ϙty agroo with the 0Wr.-4?f that eve.r-1 claimant as herein defined, who has not boon paid fui! before the expiration of a period of nir-Ǯ (90) days after the date on which the last of such daimanfs work or !abor was done or ǫ" or fila8i4ils Ǫ may sue this bond for the use d such claimant prosecute the suft jǭt &J:Ch oom have execution ϗ- Too Dwrter sha!i be iiab!e !P.e paǬ ot an"/ cosm oreϘ darry ---PAGE BREAK--- A P 0 Box 7766 oise, ID 83707-1766 Peggy Harris Bodiford Construction Don Bodiford dba 8975 W. State St. #4 Boise, ID 83703 Ext: COMPANY A COMPANY B COMPANY c COMPANY D North Pacific Insurance Co. INDICATED, NOlWITHSTANDING 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 TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY : CLAIMS MADE X OCCUR : POLICY NUMBER A (06120124 A 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 UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! PARTNERSfEXECUT!VE OFFICERS ARE INCL EXCL 120124 POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIODIYY) DATE (MM/00/YY) 07/07/1997 07/07/1998 07/07/1997 07/07/1998 LIMITS GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ COMBINED SINGLE LIMIT $ BOD!l Y INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EL EACH ACCIDENT $ El DISEASE -P ' o'L . • IC ' Y , · , . M · , · T . $ El DISEASE - EA EMPLOY EE $ 1,000,000 EVISED Certificate Holder is additional insured per Blanket Additional Insured CS807 on policy. roject: Mountainview Storm Sewer City of Moscow, Idaho ATTN: Dean 122 E. 4th Street PO Box 9203 Moscow, ID 83843 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL J{ϐϑ MAIL __llL_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ϒI:(IW.JI.MϓHN\I!ll-l@urance policy hereunder described is in fuB force and effect on the date of this certificate and that it remains in full force and effect tmtil cancelled. POLICY NUMBER: 5 1 1550 INSURED: BODIFORD DON E 8975 W STATE ST # 4 BOISE, ID 83707-0000 ORIGL"'AL EFFECTIVE DATE: August I, 1985 MISCELLANEOUS: MTN VIEW STORM SEWER Policy in force from August 1, 1985 1 2:01 a.m Mountain Standard Time, at the address of the insured shown above or the job site in Idaho. The insurance coverage appHes to employee...:.; of the above-mentioned company anywhere in the state of Idaho and also to any employees living in Idaho but working temporarily in a state. In addition to the required coverage, the f()llowing elected coverage also applies: This certificate is valid for one year from date of certificate. In the event of cancellation of said policy, the State Insurance Ftmd will endeavor to notify the party to whom this certificate is issued by providing ten (10) days advance notice, but the State Insurance Fund shall not be liabh.: in any way for failure to give notice. Dated at Boise, Idaho on July 14, 1997, Karen Meek Underwriting Department Service Locations Stateivide Coetll' d 'Alenl' 1000 . Hd+o