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. . CONSTRUCTION CONTRACT TillS AGREEMENT, dated this twenty-fourth day of January, 1994, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Diamond H Construction, (hereinafter, "Contractor"): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Agreement, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed pursuant to this contract, pages one through six and the following exhibits to this contract: 1. Exhibit A: 2. Exhibit B: 3. Exhibit C: 4. Exhibit D: 5. Exhibit E: 6. Exhibit F: 7. Exhibit G: 8. Exhibit H: 9. Exhibit I: Advertisement for Bids; Project Manual for the City ofMoscow Old Post Office Third Floor Remodel; General Specifications as modified by the Project Manual, Exhibit B; Proposal of the Contractor, dated January 6, 1994; Contract Drawings; Bid Forms; Performance and Payment Bonds; Change Orders which may be delivered or issued after the effective date of this Agreement and are not attached hereto. Addenda issued prior to opening of bids. There are no contract documents other than those listed in Article I. This contract may only be amended by change order as provided in the General Specifications. Agreement: Page 1 Old Post Office Building 3rd Floor Remodel ---PAGE BREAK--- . . ARTICLE2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE3. CONTRACT TIME AND LIQUIDATED DAMAGES I. The work to be performed pursuant to this contract shall be completed on or before seventy (70) 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. 2. Liquidated Damages. The City and the Contractor agree that time is of the essence in the performance of this contract and that the City will suffer financial loss if the Work is not completed within the time specified in the Contract Documents, plus any extensions thereof allowed in accordance with the Contract Documents. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City occasioned by failure to complete the work on time. Accordingly, instead of requiring such proof, the City and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay to the City ONE HUNDRED DOLLARS ($100.00) per day that expires after the time specified in the Contract Documents. ARTICLE4. 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 EIGHTY -SEVEN THOUSAND FOUR HUNDRED FORTY DOLLARS ($87,440.00). Said Contract Sum shall be paid in accordance with the General Specifications and 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 Agreement: Page 2 Old Post Office Building 3rd Floor Remodel ---PAGE BREAK--- or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. PROJECT ARCHITECT The City's designated Project Architect is Castellaw Kom Architects, 504 Main Street, Suite 210, Lewiston, Idaho. All communications between the parties, except as otherwise necessary, shall be through the Project Architect. ARTICLE7. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents, provided that such scope of services shall include the base bid identified in such contract documents less bid alternate It is agreed that the City shall have the right to increase the scope of services to include the storm window portion of bid alternate #3 at a later time by change order executed in conformance herewith, provided further that if the City chooses to include the storm window portion of bid alternate #3 prior to October 15, 1994, Contractor shall guarantee that the storm window portion of bid alternate #3 shall increase by no more than 7% above the glass subcontractor's price of $2,500.00. 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 Architect and the City. ARTICLE9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by the contract documents, without the prior written consent and express authorization of the City ofMoscow. Agreement: Page 3 Old Post Office Buildit1fj 3rd Floor Remodel ---PAGE BREAK--- ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. 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. Agreement: Page 4 Old Post Office Building 3rd Floor Remodel ---PAGE BREAK--- 0 : , IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: City: by: Elaine Russell, City Clerk ACKNOWLEDGMENT On this LiMo, day of '\oyv-...D.NL , 1994, before me, a Notary Public of the State of Idaho, personally appeared y-,1 'f'r \iGs¥-;lj:>\ s , in his official capacity as "f Ė0ė Q.Ę\\ę.p.J . .c-ĕ; , known to me to be the person described in the above document and acknowledged to me he executed the same. ACKNOWLEDGMENT On this ZL day of d-<---CLr u "?ff , 1994, before me, a Notary Public of the State of Idaho, personally appeared Paul C. Agidius Ƥ hls 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. Agreement: Page 5 Old Post Office Building 3rd Floor Remodel ---PAGE BREAK--- • • . • t • ACKNOWLEDGMENT On this /o z:;t day of c9< 6 4 , 1994, before me, a Notary Public of the State of Idaho, personally appeared Elaine Russell il?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. Notary Public residing at My Commission expires 7'7./?r I Agreement: Page 6 Old Post Office Buildine 3rd Floor Remodel ---PAGE BREAK--- • . . . DOCUMENT 00300 - REVISED BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: .93 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 the OLD POST OFFICE THIRD FLOOR REMODEL, 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 he:r·eto. 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 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 amounL 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. Old Post Office Third Floor Remodel 00300-1 93043 ---PAGE BREAK--- Fjve Thonsand F01u Fj fty Dollars 5,450 oo Sales Tax. Including Alternate No. 4: Add higher grade carpeting in-lieu-of base bid carpet as indicated in Section 01031 (Alternates) and Section 09680 (Carpeting) . Three Thousand Seven Hundred (Dollars $3,700 oo Sales Tax. ) , Inc 1 uding Alternate No. 5: Add replacing of existing pendent mounted fluorescent light fixtures with new surface mounted fluorescent fixtures as indicated on the drawings and Section 01031 ( Alternates) . Four Thousand Eight Hundred Fifty Three (Dollars $4,853 oo Sales Tax. Including Pursuant to Section 67-2310, Idaho Code, commonly known as the naming law, the names and addresses of the entities who will perform the plumbing, heating and air conditioning and electrical work, subject to approval of Owner and Architect, if Undersigned is awarded the Contract, are as follows: Plumbing Name 2iller Bros Plumbin3 and Heatirig Address 1'116 17th T.ewj stan Idaho 83501 j Idaho Public Works Contractors License No. 10064-B-4 Idaho Plumbing Contractors License No.ocp0q9LL9r0s0 Electrical Name Lakeside Electric Addresspast Falls, Idaho Idaho Public Works Contractors License No. 4754-AA-4(8,14) Idaho Electrical Contractors License No.tc-12u5u27----- Should the listing of subcontractors change due to selection of alternates or other similar circumstances, attach explanation. Old Post Office Third Floor Remodel 00300-3 93043 ---PAGE BREAK--- FROM:C'BI£ SEA 2 TO: [PHONE REDACTED] मEB 3, 1994 4:19PM R792 P.02 THE A1V\ERICAN INSTITUTE OF ARCHITECTS • AlA Document A312 Performance Bond Any singul.u reference to Contractor, Surety, Owner or ol:l • PरltFOऱv.ANCE BONO ANO PAYM(NT 80H0 • O£CयMBER 19/l-& £0 AlA ---PAGE BREAK--- SEA 2 TQ: 1 The Contractor Ʒnd lhe Surety, joincly and severally. oind their heirs, executors, administrators, svccusors End assigns to the Owner lor the pedormance of the Cor.struction Contract. which is incorpor:ued herein by reference. 2 lf the Contracto: performs the Construƅ;tion Contract, :he Surety ;nd the Contr2ctor shall have no oblig:){ion 11naer this 3ond. except to participate in conferences as provided in Subparagraph 3.1. 1 If there is no Owner Oelau!C. the Surety's obligation vnde r th;s 8ol'ld shall arise after: 3.1 1'he OwrHH has notified the Contractor and the Surtty at its address described in Paragraph 10 below \hat the Owner is considering declaring a Contrac;or Oefault and has requested and attempced to arrange a conference with the Con<ācctor ard the Surety to be held not later than fifteen days after receipt o( such nmi..:e :o discuss methods of performing the Construe· tion Contract. It the Owner, the Contractor and che Surely agree, the CorHractor'shall be q,Jiowed a reason· able time to pertorm the Construc:ioo Contract, but SI.JCh in agreement shall not waive the Owner's right. if any, 5ubseqventJy to dtclਸ਼re a Contractor Default; and rhe Owner Mas dtdw:d a Contractor Default and formally terminated the Contractor's right to complete the concract. Such Contractor Default shafi not be de· dared earlier :han twenty days after the Conttac:or and the Surety nave received notice as provided in Sub· paragraph 3. ơ; and Z.J The Owr.er has agreed to pay the Balance of the Contrac: ?ric!! r.o the Svrety in accorcancƸ with the (trms o( the Construction Contract or to a contractor se!tcted to perform the Construction Contract in accor· dance with the terms of !he contract with the Owner. 4 When the Owner has satisfied the conditions ol Para graph 3, the Suret'f shaH and at the Surecy's ex pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of che Owner, to perform and complete the Construction Contract; or <1.2 Undertake to perform and complete the Construe· tton C:ontracr l(Self, through itS agents or through inde· pendent contractors; or 4 . .3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a con!rac« ior performance and completion of the Con struction Contract, arr§nse for a contract to be pre· pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performan<:e and payment bonds executed by a qualified surecy equivalent to the bonds issued on the Construction Contract, and· pay to the Owner the amount of damage5 as described in Paragraph 6 in ex· cess of the Balance of the Price incurred by !he Owner ri';Sultirtg from the: Contractor's de(avh; or 4.4 Waive it.s right to perform and cOm!'lete, arrange for compleion, or obtain 2 new contractor and with r.::asonable promptness under the circumstances: .1 After investigation, determine the amount for [PHONE REDACTED] FEB 3, 1994. 4:19PM Q792 P.03 . ) which it may be liolblƄ ro the Owner lnd as soon as practicable ilfter rhe amount is de;er· mined, tender p•ymer11 therefor ro the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. . 5 If the Surety does not proce!d as provided in Paragrrnmon raw bond. i2 DEfiNITIONS 12-1 Salance of the Contract Price: The total amounc payable oy the Owner to the Concracror under the ConsEruction Contract after all proper adjustments have been made, including aBowanc! to the Con- MOOIF!CAT10NS TO !HIS BOND ARE AS FOLLOWS: [PHONE REDACTED] FEB 3, 1994 4:20PM P792 P.04 . ) tractor ol any amounts receivèd or to be received by the Owner in settlement oi in$unance or other claims for damages to wnich the Contractor is et'ltitled, re· d1.1ced by aff v:alid and proper payments m:Jde to or on behaH of the Contractor under the Construction Con tract. 12.2 Construction Concrac:: Thea. agreement between the Owner and ihe Contractor identified on the sig· nature page, including all Contract Documents and changes thereto. 12.3 Contractor Oeiault: ਰailure of the Contrac;:or, which nas neither beKn remedied 1'\0( waived, to per fonn or otherwi5e to comply with the terms o{ the Construction Con tract. 12.4 Owner Oeiaull: FAilure of the Owner, whkh has neither been remeclied nor waived, to pay the Con· tractor as required by the Construction Contr:act or to pedorm aod complete or comply with the other ierms thereof. (Space is provided below for additional slgnਲ਼tures of added parties, ocher than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL C?many: (Corporate Seal) Slgnaturपफ Name and Title: Address: SURffi ComP-any : CCoqéor:ate Sean CONTRACTORS BONDING AND INSURANCE· COMPANY Signatvrਯ: Nssl: DIAMOND H CONSTRUCTION RT 1 , BOX 85A CONTRACTORS BONDING AND INSURANCE COMPANY 1213 VALLEY STREET CULDESAC ID 88524 OWNER (Name and Address.): CITY OF MOSCOW 122 EAST 4TH STREET MOSCOW ID 83524 CONSTRUCTION CONTRACT Date : JANUARY 24, 1994 SEATTLE WA 98109 Amount: EIGHTY SEVEN THOUSAND FOUR HUNDRED AND N0/10o•s ($87,400.00) Description (Name and location): OLD POST OPPICE BUILDING THIRD FLOOR REMODEL BOND Date (Not earlier than Construction Contract Date): FEBRUARY 3, 1994 Amount: EIGHTY SEVEN THOUSAND FOUR HUNDRED AND NO/lOO'S ($87,400.00) Modifications to this Bond: [XJ None USee Page 6 CONTRACTOR AS PRINCIPAL SURETY Con_,Qan_y: (Corporate Seal) DIAMOND H CONSTRUCTION Conpany· (Corporate Seal) CONTRACTORS BONDING AND INSURANCE Cot§PANY Signature: rJ.L.fef;i. f'.!ame and Title: Co-O w?i.P1./ Signature: đ · · ਭ -G Name and Titlt¨: J\TTORNEY HJ Ff\CT 2515 SEAPORT DRIVE (Any additional signatures appear on page 6) LEWISTON ID 83501 (FOR INFORMATION ONLY-Name, Addre.<>s and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or STONEBRAKER MCQUARY AGENCY GROUP other part0: P.O. BOX 448 LEWISTON ID 83501 AlA DOCUMtNT A312 • I'ECD(JkMANU 60Nll AN(> UOND • 0(C£MUll( 196-l W. • AlA ऩ Tt-lt AMIKICAI•.: INSTITUTf OF ARCHI1fCI"S. 17;'\S NEW VORl( AVF., N.W., WASHINC1(JN, liKHlf> Tt!lRO PRINTING • MARCन 1937 A312·1984 4 ---PAGE BREAK--- FROM: CB H: SEA 2 TO: 1 The Contractor and the Surety, jointly and Ueverafly, bind themselves, their heirs, executors, administrators, successors and assigns to the 0wl'ler to pay for labor. materials and equipment furnished for use in the pcrfor· rnance of the Construction Contract. which is incorpo r<'!tcd herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 makes payment, directly or indirectly, for all sums due Claimants. and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand. lien or suit is for the payment for labor, materials or eq\Jipment fur r9ished for use in the performance of the Construction Cofltroct. provided the Owner has notified the Contractor and the Surety (at lhe address described in Paragraph 12) of any daims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor makes pay ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who arc employed by or have a direct c ontract with the Contractor have given notice to the Surety {at the address described in 12) and sent 3 copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with >Libstantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party t6 whom the materials were furnished or supplied or for whom the labor wğs done or petformed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no tice Ġny communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notk:t: thereof, to the Owner, stilting that a claim is being made under this Bond and enclosing a copy o( the previous written notice furnished to the Contractor. 5 Jf a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, thilt is suffi· c:1ent compliance. [PHONE REDACTED] FEB 3, 1994. 4:21PM &792 P.06 6 When the Claimant has satisfit'd the 'conditions of Paragraph 4, the Surety shall and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner. within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shafl be credited for any payrnents made in good faith by the Surety. 8 /\mounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor mance of the Construction Contract and to satisfy claims. if any, under any Construction Performance Bond. By the Contrac.tor furnishing and the Owner accepting this Bond, they agree that funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond. subject to tht> Owner's prior ity to use the funds for the c.ompletion of the work. 9 The Surety shall not be liable to the Owner, Claimant or others for obligations of lhe Ct)ntractor that ere unrelat ed to the Construction Contract. The Owner shall not be liable for p3yment of any costथ or expenses of any Claim· ant under thiत Bond, and shall have under this Bond no obli gations to make payments to, give notices on behalf of. or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives noticŇ of any change, including changes of lime, to the Construction Contract or to related subcontrac.t5, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimilnt undl';'r this Bofld other than in a court of competent juris diction in the location in which the work or part of the work is located or after the expiration of one year from the date on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,-or on which the last labor or service was perf<;lrmed by anyone or the last matï:'· rial or equipment were by anyone under the Con struction Contract, whichever of or first occurs. If the provisions of this Paragraph are void or prohibited by iaw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit sha!l be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suffic:ient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal in the location where the construction was to be performed, any provision in this Bond conflictiflg with said statutory or legal requirement shall be deemed deleted hercfrom and provisions con· forming to such statutory or othc:r legal requirement shill! be deemed incorporated herein. The intent is that this AlA DOCUMENT A312 • PERFORMAN(f RONIJ AND PAYMENT B()ND • OKEMf:IदR 1984 EO. • AlAध TH( M1[RICAN I& Contractor and the Contrac-lor's subcontractors. and all other item& for which a mechanic's lien rilclY be asserted in the ju risdiction where the labor. materials or equipment were furnished. 15.2 Construction Contrac t : The agreement be· tween the Owner and the Contractor rdentified on the sig ntturc pilge, inch.1ding all Contract Documents Clf1C! changes thereto. 15.3 Owner Default: Failur(' of the Owner. which hctढ neither been remedied not waived, to pay the Con· tractor as required by the Contract or to perform and complete or corn ply with the other tf'rmਬ the reo!. (Space- is provided below for additiOnal $ignatures of added parties, other than tlwse appearing on the cover page.) CONTRACTOR AS PRINCIPAL Compan1·: (Corporate Seal) Signature; Nallle and Titie: Address· SURET'r Company: Signature: Nome and Iitle: Address: AlA DOCUMENT A312 • f'fRfOkMAN(;( llONL> )NO PAYMENT BOND • l>((;[Mil(R 19£14 ED. • AI!\ f THE AM£R!CAN INSTITUTE 0ण 1735 N(W YORK AVL. N.W., W,O,SlfiN(;TON. D.C. 2000{, THlR[J • MARCH 1987 (Corporate Seal) A312·1984 6 ---PAGE BREAK--- O U 031#4 1 6 : .p : 1.8 ; . ( 2 0 6 ) 6 8 2- 1 5 5 2 08743 1 7 1 9 ; CB I C 3 Page 2 .UMmD POWER.OF ATTORrEf READ CAREFULLY CONTRACTORS BONDING AND INSURANCE COMPANY IS.RESPONSSL'E ONLY FPR THE BONO DeScRIBED· IJ'TO THEAMOI.M SET FORTH IN lltiS UMrTED PO\\'ER OF ATTORNEY.ANY"EAASURE\IAI:.l. 11010 THIS POWER· OF ATTORNEY. IF YOU HAVE ANY QUES"iioNS ABouT OR WANT TO VERIFY 'ttiiS POWER OF ATroRNEY :cAu. CONTRACTORS ANOt-ISURANCE COMPANYTOI,L FREEA.T 1(ਧ7li5-Z242 Penal SumS $ 8 7 t 4 0 ਢ • 0 0 Alt.cr'leyNo. 'viA 0 9 1 Power No. 0 3 2 0 1 6. " Bond No. I D 5- 1 9 6 L1m1ted Power o! .Attorney Exp ireJ --s-I 0 3 / 4 Date Apprơ:ed: 2 I v 3 I Approved by: _ CL._L · . _ . . . . . . Charles Jਨ Falskow . · (S)OneulreJ D I AMOND H CONSTRUCT I ON . -c-rrror"""MO"Sco- w - - · Name oi Principal: Name of Obligee: OLD PDS't' Df'FlcE B1TILDINC THIRD F'LOOR REMODEL Description(s): _ Ö LocaHon Qf Applicable): . . . . . . YJ.I:JW ALL MEN BY THESE PRESENTS that CONTRACTOASBONCING AIID INSURANCE COM AtoNY, a corporation duly o.!JI!nimd and existing under tht law! of Washingtoűnd having its principal offit:t !11 &illtl. Kifl£ Counl\1 washington, clots by !hew Jmlce, (;:)l)st:ttn and appoint C H E R Y L A • .A H B Y ot L E W I S T 0 N I u t9 true and lawful ottorney(n-fuct. with ful: power and authority hereby confer!'lld in its nems, place and steed, to sxecute,IICknowtedge and deliver the bond(s) described above; and to bind the Company ther9by as fully end to ihe same extent as Ċeach such bond wus signed by the President, .-led with the corporate seal of the Company and duly atte!led by its Sacreta.y, hervby nrtifying and confirming all thet the seċ1JeČ7č may eo 1n the Said appointmer.t IS made under and by authooty of the following te!Oiutions adopted by the Soard of Director! of CONTRACTORS SOऑ .MD INSURANCE COMPANY on 1 . 3 C H E R Y L A • A S H B Y wlh Cu:npaoythou ooroty torm whtc:n mar from timetD ume be opprovoa by the Vice P!elldonl, Chief Fit1111Cial otkw, 01 Chiof !ucuu-.o Offer of the Compan-,; 1n such ;;ccording tD .uc:n =dtioolg• mgy beapprovod by the Vu::e Preaian¥ RESOLVED FURTHER tl'olea:/1 Paller of Atlorocy mus\le\101\h the l!*ificdelcriptionoflhe bond itappliol. the name of the Vat. the name of !he obligae, U. ptneiQJI, tht bond runber (ucopl for̎bid bon<: where !hero 11 no number!. the ldonbty;llll olllloatlomey·lll-fzt. Ulo number ot the Powor of Attorr.y, ll'.d Ulo name and oigR!IIIrt oftht 1/iao Prasidal̏ the Chill! F111on:ial Offic:ar, Prtlidenl or the Chief Ext<:UU¥11 OffiQJr of '.!loCompany;Md nroy lei forth !he dooc:.r.plionandamountofadditional reinlurance « colll!oial, छany. RESOlVED FURTHER that lin Ch•f Exoet.1ivo Officor. Pmulene, Ch!OI Flnatlr « Vioe PMidtnt of tho Company il QIJihoriad t.o..wbliltl a opiClfie dill.e lor tht Powtr of and to moddy tlulldale from umo :a the Chlei ExeaJl"'e Offic:.or. P-W Otle( Fk1DIIcial Officer or Va Preeident deem• -•rv in hillilfe dtoCIOtlon: the applicable expirs!JOn dBto to bo clearly eetlorlh ln̐ny written Power ofAtll>rney. AESCLVED Ż"rat oxc:.oplao Oll1ervMo prov11ltd o; Ÿlo immediately ou:c:.oelling rcoolU!IOn, under no tircumi\Dn-llllA: tht c:.cnt111C\amoW1\ for any bld, I'OYm•nl. ptilotmanct, or comblnaiiOn p;ym1t111 11d bOI'Id a pel1orml!I1Coand peym«tobllgatlon in onebarnlfonn) nc:.oed$1,%10,000 if the bond ilgU113r1ted by the BIJtme.Adminillt:alion; (b)the ofarr{ b4ndnot guellif'llod l'{U. Small Aam!nt.!nrllon (o\J'er than a bid band whidi 11 fa.rther rellrx:\Bd byग· (c:.IJ exa.ed $3,000,000; and (cj a bid bord 1'11idi 11 not gut111n!Ed by tho Smal BUii1eos AdminiSrotion bo oxų fora job whora, if tht c:on\lila 1nv.wded, the bond pe111ky en •ny panornance band. payment bȏ;i or toml>ltli11on perlormance ard pay mont bond̒ , a porlormon:o and pavmert obli9alion 1n Oil$ band form! tD bo uiClbd P J,'V l979 .f ' By. 1,1, H I N By: • st&v1111 A. Ceun", P,_ident -:-:-..,ielAOfficM STATE OF WASHINGTON - COUNTY OF KING On I 1 5 I 9 3 . po1100811y i!ppe&1'0dOONALDSIRKII'i,STEVENA.GAf£S.MARCA. NRKVICKAandCHARlESJ. FALSKOW,ttmeknowntoXlhoChJOIExowt!veOifi.,.,.,Pre!lldenLChietFinancai Oiilc:.«anciVicePre!id