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CONSTRUCTION CONTRACT 1HIS AGREEMENT, made and entered into this 8th day of May, 1990, by and between Bodiford Construction, hereinafter called the 'Contractor' and the City of Moscow, a Municipal Corporation of Idaho, hereinafter called the 'City'. WITNESSE1H 1HAT: WHEREAS, pursuant to the invitation of the City, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 1st day of May, 1990, file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has heretofore determined that said offer was the lowest and best submitted: NOW THEREFORE, the Parties hereby agree as follows: I. Complete with Specifications That the Contractor shall comply in every way with the provisions and requirements of those certain specifications entitled: ORCHARD AVENUE WATERLINE II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement by incorporation as though fully set forth herein: 1. The 'Advertisement of Bids' - being the invitation to submit a proposal; 2. The specifications named above by title; 3. The detailed plans listed and described in bid specifications, together with those which may be issued as supplements thereof; and, 4. The proposal of the Contractor, which was submitted on May 1, 1990, the original or conformed copy of which is hereto attached and marked 'Exhibit c2C6 \...---ontrictor's lnit1a:Is ---PAGE BREAK--- III. Consideration That in consideration of faithful compliance with the terms and conditions of this agreement (including the specifications) the City shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of One Hundred Eighteen Thousand Seventeen Dollars ($118,017.00) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided. IV. Completion That the time of completion is sixty ( 60) calendar days from the date of the Notice to Proceed. V. Communications Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Bodiford Construction HC-76 Box 2545 Garden Valley, ID 83622 City: City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, ID 83843 VI. Full Agreement This contract and the incorporated documents shall constitute the full agreement between the parties; any amendments thereto shall be made in writing. IN WITNESS WHEREOF, said Contractor and City have caused this agreement to be executed on the day and year first above written. UV'{ OF Ma ; 0 S . . II I • . ,.r.Š . . , • r,a " , • . :ftJ- . i! . . . : < : .2 s * I 0 Ȳ1.1 t • ¡ ¢ 1837 : T vX· • " ' OF ATTEST: City of Moscow, Idaho: ---PAGE BREAK--- APPROVED AS TO FORM: STATE OF IDAHO County of !UfY? On thisIJ-aay of 1990, before me a Notary Public, personally appeare on Bodiford ow to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing agreement. STATE OF IDAHO County of Latah On this day of , 19 , before me a Notary Public in and for said State, appeared Paul C. Agidms and "Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. Notary Pubhc m and for State of ---PAGE BREAK--- ADDENDUM NO. 1 APRIL 25, 1990 Specifications and proposal for ORCHARD AVENUE WATERLINE - 1989 Project No. 116-89 The width of trenches shall be as shown in the cross sections, Drawing No. 2 of 4 of the plans - not as stated in ES-7, page 51 of the plans. A wider trench width may be approved by the ENGINEER if deemed necessary for safety reasons. Receipt of all addenda must be acknowledged. This form must be signed and attached to the proposal to acknowledge receipt of addenda. qW?O ate Signature of ---PAGE BREAK--- ) I E.XH\B\T II A BID PROPOSAL TO: Mayor and City council City of Moscow, Idaho Date: پ/ 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 ORCHARD AVENUE WATERLINE, specified herein and which construction documents are on file with the City Engineer, City Hall, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3 • It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. 2 ---PAGE BREAK--- I • I I r 7. 8. 9. 10. 11. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. The/_undersigned, as a bidder, acknowledges that Addenda Number through have been delivered to him and have been examined as part of the contract documents. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph GS-12 of the Specifications. The undersigned holds Idaho State Contractor's License Number [1129/ -.&/2-(414 The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements: subcontractors Trade Specialty Amount a. b. c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for ORCHARD AVENUE WATERLINE, as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule of contract prices as follows: (The bid price is to be shown in both words and figures, in case of discrepancy, the amounts shown in words will govern) . BID SCHEDULE ITEM NO. DESCRIPTION (Price in Words) 1. 8 inch gate valve (exist. watermain) comple::, at QUANTITY & UNIT per lump sum Lump sum 2. Main connection Ponderosa) & Orchar? ?omplete at 7h"t'7f/dif 11doZL&t< per lump sum Lump sum 3 UNIT PRICE (Figures) fJO $ J f)tJ0- '1 TOTAL PRICE (Figures) ---PAGE BREAK--- 3. 6 inch ductile iron pipe, in-place, including trench excavation, installation, and pipe zone backfill, atO{Jt IP\ 48 /9Q per lineal foot Lineal foot $ $ CZI2 - • 4. 10 inch ductile iron pipe, in-place, including trench excavation, installation, and pipe zone backfill, at 7!f5 3,020 21R $ tJC2049 per lineal foot Lineal feet $ 5. 12 inch ductile iron pipe, in-place, including trench excavation, installation, and Ne zone backill, at LDEfov& 290 .2s-!29- ·72sv"o t) tt Lineal feet $ $ per lTnea foot / 6. 10 inch gate valves, in- 4 '75tJcB per each Each $ $ ď I 7. in- 1 9S?JP ?s-ot:Je> Each $ $ 8 . Clatz ; (MBd) backfill tft;% tdJee 230 q$ 2/?J per lineal foot Lineal foot $ $ / 9. Class B (Modified) backfill at 1,215 7 per lineal foot Lineal foot $ $ I 4 ---PAGE BREAK--- 10. Class C backfill, at a · : . per lineal foot 11. Class D backfill, at KWfg per cubic yard 12. 2. 5 inch thick asphalt patc]f., hat r;_'ffa_tJ::[J : per square yard 13. 4.0 inch thick asphalt ch, at @auA per square yard 14. 3.0 inch thick gravel shoulder, at S ' per square yard 15. Fire hydrants with gate valve,s, complete, at lj per each 865 L2.5cB Lineal foot $ $ / 595 110'9 Cubic Yards $ $ / 415 /s;e 77of-9 Square Yards $ $ / 105 $GE $ 252DaQ Square Yards .I 625 6Ge. 37SV Square Yards $ $ 3 s-oote Js-cot;J:) Each $ $ I TOTAL BID: $ L/¨(2L7 5 M • > • l : ; JJ r 1cvJ . ' l. "AV 1 ' \ ' c , • · · · .,,OW C . i l ' l ' . ; 0 v l • ELA.l\'lE RUSSELL, Clerk ---PAGE BREAK--- flo' ©Q C?cm f, Firm Name of Bidder ! )L£/0 Signature of Bidder SEAL (If Incorporated) Dated at This / day of !?l!Jj Official Title 11-?t&x:.r-r tJ1fL ;tJJt &362.2. Mailing Address (11e"s't#2. State of Incorporation, if incorporated. 1 1990. 6 ---PAGE BREAK--- PLANET INSURANCE COJV[PANY HEAD OFFICE, MADISON, WISCONSIN BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we Don Bodiford dba : Bodiford Construction as Principal, hereinafter called the Principal, and the PLANET INSURANCE COMPANY of Madison, Wisconsin, a corporation duly organized under the laws of the State of Wisconsin, 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 ***Five Percent of the Total Amount Bid*** Dollars (Five Percent*), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Orchard Line Waterline 1990 Job //116-89 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed this _ _ day of Aٽp c.o...r , 19___9_0 Bodiford (Witness) PLAN>SURANCE COMPANY , c = Dennis K. AndersodAttorney-in-Fact) BOP-2323 7/84 ---PAGE BREAK--- PLA.NF :INSURANCE )MP.A.NY HEAD OFFICE, MADISON, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Thlt the PLANET INSURANCE COMPANY, 1 corpol'ltion duly orpnizld under the IWtS of the Stlte of Wisconsin, does hereby meke, constitute end eppoint DENNIS K. ANDERSON of BOISE, IDAHO Ill true end lewful Attorney-in-Fect, to meke, execute, INiend deliver for end on iu behalf, end IS its act end deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the PLANET INSURANCE COMPANY thereby IS fully end to the ume extent IS if such bonds end undertekings and other writings obligtory in the nature thereof were signed by en Executive Officer of the PLANET INSURANCE COMPANY end sealed end attested by one other of JUCh offiēra. end hereby retifies and confirms all thlt its seid Attorney (I)-in-Fect mey do in pursuance hereof. This Power of Attorney is granted under end by euthority of Article VII of the By-Laws of PLANET INSURANCE COMPANY which became effectiwt September 21, 1981, which provisions ere now in full force end effect, reading" follows: ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, eny Senior Vice President, eny Vice President or AS$istant Vice President or other officer designated by the Board of Directors shall have power end authority to appoint Attorneys-in-Fact end to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to remove any such Attorney-in-Fact at eny time end revoke the power end authority given to him. 2. Attorneys-in-Fact shall have power and authority, subject to the terms end limitations of the power of attorney i"ued to them, to execute end deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power end authority to execute effidavits required to be attached to bonds, recognizances, contracts of indemnitY or other conditional or obligatory undertakings and they shall elso have power and authority to certify the financial statement of the Company and to copies of the By-Liws of the Company or any article or section thereof. This power of attorney is signed end sealed by facsimile under end by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANY at a meeting held on the 29th dev of March, 1982, at which a quorum was present, and said Resolution has not been emended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of ettorney or any certificate releting thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile -I shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures end facsimile INI shall be valid and binding upon the Company in the future with respect to eny bond or undertaking to which it is ettached." IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to 1:>:1 hereto affixed, this 3rd day of March 19 88 • . , STATE OF COUNTY OF Washington King On this 3rd day of March , 19 88 , personally eppeared Lawrence W. to nw known to be the Vice-President of the PLANET INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument end affixed the seal o1 said corporation thereto, and that Article VII, · n 1, 2, end 3 of the By-Laws of said Company, end the Resolution, set forth therein, are still in full force. My CommiS$iOn Expires: May 15 ,19 90 Residing at Tacoma I, J arne s A. Evans . AS$iuant Secretary of the PLANET INSURANCE COMPANY. do hereby certify that the above and foregoing is 1 true end correct copy of • Power of Attorney executed by seid PLANET INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF. I have hereunto set mv hand and effixed the seal of seid Compny this 24th day of April Assistant Secretary d BDP-1431 11a2 9 es K· J v8ns 19 90 ---PAGE BREAK--- BondNo. Pl678433 PLANE"l- INSURANCE Cu:MP ANY HEAD OFFICE, SUN PRAIRIE, WISCONSIN Administrative Office. Federal Way, WA PERFORMANCE BOND The American Institute ol Architects, AlA Document A311, February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here insert lull name and address or legal title of Contractor) Don Bodiford dba Bodiford Construction HC-76 Box 2545 Garden Valley, ID 83622 as Principal, hereinafter called Contractor, and, PLANET INSURANCE COMPANY, a corporation of the State of Wisconsin, with its Head Office at Sun Prairie, Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Moscow as Obligee, hereinafter called Owner, in the amount of***One Hundred Eighteen Thousand Seventeen Dollars and/no/100*** Dollars($)'(* 118, 017. 00** for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrator, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated May 8 19 90 , entered into a contract with Owner for Orchard Avenue Waterline 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 effecl The Surety hereby waives notice of any alterations 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 obligations 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 in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this 16th " (Witness) / Ď - I č HI Performance Bond Revised to February. 1970 SB 5715ax Printed tn U.S.A. BDP-2304 (9/86) (Witness) day of May 19 90 ---PAGE BREAK--- PLANE-XNSURANCE CPANY J I HEAD OFFICE, MADISON, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, l'Mt tha PLANET INSURANCE COMPANY, a corporltion duly orgenizld under the lwn of thl Stat• of Wisconsin, does Mraby meka, constituta and appoint DENNIS K. ANDERSON of BOISE, IDAHO lu true and lawful Attornay·in·Fact, to meke, execute, -1 and deliver for and on iu behalf, and 11 ill act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the PLANET INSURANCE COMPANY thereby 11 fully and to the same extent 11 if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and saaled and attested by ona other of such officers, and hareby ratifias and confirms all thlt its said Attornay(sHn·Fact mey do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the BY·Laws of PLANET INSURANCE COMPANY which becama effective September 21, 1981, which provisions are now in full force and affect, reading 11 follows: ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice Presidant or Assistant Vice President or othlr officer designated by the Board of Directors shall have power and authority to appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company. bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to remove any such Attorney-in-Fact at any time and re110ke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. Thl corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thlreof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By·Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Diractors of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March, 1982, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile -I shall be valid and binding upon the Company and any such power so executed and cenified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or unctenaking to wtlich it is attached." IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to ȳ:v. hereto affixed. this 3 rd day of March 19 88 . • . b STATE OF COUNTY OF Washington King On this 3rd day of March , 19 88 , personally appeared Lawrence W. to me known to be the Vice-President of the PLANET INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal o4 said corporation thereto, and that Article VII, · n 1, 2, and 3 of the By-Laws of said Company, and the Resolution. lit forth tMrein, are still in full force. My Commission Expires: May 15 ,19 90 Residing at Tacoma James A. Evans ' Assistant Secretary of the PLANET INSURANCE COMPANY. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney axecuted by said PLANET INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 16th day of May ~ Assistant Secretary aL ecy t:1 aoP-1431 11a2 9 es G· Ev8 n7 19 90 ---PAGE BREAK--- Pl671·13 FLANETINSRANCECOPANY HEAD OFFICE, MADISON, WISCONSIN LABOR AND MATERIAL PAYMENT BOND The American lnltitutt of ArchittcU, AlA Document A311, Flbru1ry 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Don Bodiford dba Bodiford Construction HC-76 Box 2545 Garden Valley, ID 83622 as Principal, hereinafter called Principal, and, PLANET INSURANCE COMPANY, a corporation of the State of Wisconsin with its Head Office at Madison, Wisconsin, 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 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ***One Hundred Eighteen Thousand Seventeen Dollars and/no/100*** Dollars ll8, 017. OO**l. for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Owner for Orchard Avenue Waterline May 8 19 90 , entered into a contract with 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 Principal shall make payment to all· claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effec§. subject, however. to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor. material, or both, used or reasonably required for use in the performance of the Contract. labor and material being construed to in· elude that part of water, gas. power. light. heat. oil. gasoline. telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every ciClimant as herein defined. who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant. may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses uf any such suit. ---PAGE BREAK--- 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, 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 furnished 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 notice shall be served by mailing the 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 maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation 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 in 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 faith hereunder, in clusive 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 16th Labor and Material Payment Bond ReviMd to February , 1970 S8 5715ax Printed in U.S.A. BDP-2304A 1/82 day of May 19 90. {Witnesal Bl-l.o.u:d.l..l.L." QuDu_ (Seal) (Principal) c PLANET INSURANCE COMPANY By Dennis K. Anderson AttOfney-in-fact ---PAGE BREAK--- PLANE-INSURANCE CrPANY HEAD OFFICE, MADISON. WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Thet the PLANET INSURANCE COMPANY, e corporetion duly OfP'lized under the IMS of the $Ute of Wisconain, does hereby meke, eonnitute end eppoint DENNIS K. ANDERSON of BOISE, IDAHO Its true end lewful Attorney-in-Fect, to meke, uecute, -1 end deliver for end on ita behelf, end • ita ec:t end deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP end to bind the PLANET INSURANCE COMPANY thereby • fully end to the swne extent • if auch bonds end undenakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and suled and ettHted by one other of such office", end hereby retifies end confirms ell thet its seid Attorney(s)-in-Fect may do in pu"uence hereof. This Power of Attorney is granted under end by euthority of Anicle VII of the BY·Lews of PLANET INSURANCE COMPANY which beceme effectiŵe September 21, 1981, which provisions ere now in full force and effect, reeding 11 follows: ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, eny Vice President or Assinant Vice President or other officer designated by the Board of Directors shall have power end authority to appoint Attorneys-in-Fect end to euthorize them to execute on behalf of the Company. bonds and undenakings, recognizances, contracts of indemnity end other writings obligatory in the nature thereof, end to remove any such Attorney-in-Fact et eny time end rewke the power and authority given to him. 2. Attornl!ys·in-Fact shall have power end euthority, subject to the terms end limitations of thl! power of attorney issued to them, to execute end deliver on behalf of the Company, bonds and undertekings, recognizances, contracts of indemnity end other writings obligatory in the nature thereof. The corporate aeal is not neceuery for the validity of any bonds and undenakings, recognizances, contracts of indemnity and other writings obligatory in the neture thereof. 3. Attorneys-in-Fact shall have power end authority to execute affidavits required to be ettached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power end authority to certify the finencial natement of the Company and to copies of the By-uws of the Company or any anicle or aection thereof. This power of ettorney is signed and aealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANY et e meeting held on the 29th day of March, 1982, at which a quorum was present, and seid Resolution his not been emended or repealed: "Resolved, that the signatures of such directors and office" and the seal of the Company may be affixed to any such power of attorney or any cenificate relating thereto by facsimile, end any such power of ettorney or certificate bearing such fecsimile signatures or fecsimile -1 shell be velid and binding upon the Compeny and any such power so executed and certified by facsimile signaturH and facsimile seal shell be velid and binding upon the Compeny in the future with respect to eny bond or undenaking to which it is attached." IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY has ceused these presents to be signed by its Vice President, and its corporate seal to b:l hereto affixed, this 3rd dey of March 19 88 . • . ' _ STATE OF W a S h i n Q t 0 n COUNTY OF King On this 3rd day of March , 19 88 , personally appeared Lawrence W. to me known to be the Vice-President of the PLANET INSURANCE COMPANY, end acknowledged that he executed and the foregoing instrument end effixed the seal oŴ said corporation thereto, end thlt Article VI I, Se · n 1. 2, end 3 of the By-LIWS of seid Company, end the Resolution, Mt fonh therein, ere nill in full force. My Commiaion Expires: May 15 ,19 90 Residing at Tacoma I, J arne s A. Evans . Auistent Secretary of the PLANET INSURANCE COMPANY. do hereby certify that the lbove 1nd foregoing is 1 true and correct copy of e Power of Attorney executed by seid PLANET INSURANCE COMPANY, which is nill in full force end effect. IN WITNESS WHEREOF, I hive hereunto sat rT'f hand end affixed the seal of seid Company this 16th dey of May ~ Assinent Secretary //Leu d aDP-1431 1/B2 { G· Jv8ns 19 90 ---PAGE BREAK--- nCORD C E c T I F I CRTE OF I NSU RRNCE ( ]CORD 258 - 03/BB) : : : = • : : : : ć. ; : . • • TH I S fdERT l F I CA"fE IS I SSUED RS e MATTER OF I NFORMRT I O N ONLY AND CONFERS NO r-n t:ii-ITi:) UPCJN Tf iE. CEFn I F l L{·iTE HOL DEF<. TH l B CE FH l F I C8-i l T fJOI:.-_b r-JCri" nt•1LND., L fl::.i·DJ rm AL.TF I? T"HE CUVE-:F;:AGE i="iFFORDED F3Y THE POL_ I C I ES BEUJl·i . l\ii WIF" HND ADDfٳEh)h) OF (1(3ENc:·{ : P I P A L - ANDERSO N , I N C . 1 4 7 1 SHOREL I N E DR . , # 1 04 P . O . BOX 7 7 6 6 BO I S E , I DAHO 8 3 7 0 7 - 1 7 6 6 COMPANY A : American S tates r··l rww: n i\l o rn) N٧ E ٨:3 I u r:o Ř B o d i ford C o n s tructi on Don Bodiford H C R 7 5 , Box 2 54 5 G a r d e n V a l l e y , I D 8 3 6 2 2 - C D 1,1 t: f٩ n GE =Ĉ = = = -ř - Ś 'Ċ ĉ= = I H I ȫ J. S TU CEHT J F THf-lT PDL. J. C J. U3 m· J. rJ::;UFٰ C•E. RSDN \ ( t:.ncH nee £ r ) ---PAGE BREAK--- =œ =ă : • • : w ÿ ; • • · . ; • : : • • • ' L:IJl'tll··' 1 r:.rr A PUL. I C::Y NUٗ1BL::H L I M I TS OF L i n G I L I ·r y I N ·rHOUSgNUS ( 00 0 ) CJF. I N b U nr1t'JC E EFFEٙC"r T 1 [ Xf• J FiE: f.·(F i.J CJ fU'r! l·H.HBI"CE FESE-* NTf-i-;· J t,;f . H(JI._i)ID_F? ā : M : 00: 0 Oo: " Ā : = 0 . • : : þ 0 City of Moscow P . O . Box 9 2 0 3 DATC I SSUED : 0 5 / 1 6 / 9 0 Mos cow , I D 8 3 8 4 3 1 7 0 3