Document Moscow_doc_7b732efa56

CONSTRUCTION CONTRACT MOUNTAIN VIEW PARK PARKING LOT RECONSTRUCI'JON-2012 TI-llS CONTRACf, dated this 26th day of June, 2012, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and McCaU's Classic Construction (hereinafter, "Contractor"): WllNESSETI-1: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through and the following: 1. Advertisement for Bids; 2. Project Specifications titled: Mountain View Park Par-king Lot Reconstruction-2012 City of Moscow Project No. 118-011 3. Bid/Proposal of the Contractor, dated June 20,2012, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Contract; 6. Addendum No. One and Two issued prior to opening of bids, attached to this Contract; 7. Change Orders which may be delivered or issued after the effective date of 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. ARTICLE2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: MOUNTAIN VIEW PARK PARKING LOT RECONSTRUCTION-2012 ARTICLE3. CONTRACf TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall start no earlier than July 20, 2012 and be completed by September 7, 2012. The work shall be completed on or before Thirty Five (35) Calendar Days (wbicb includes alternate 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. ---PAGE BREAK--- 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 Three Hundred Thousand Nine Hundred Ninety Sil: Dollars and Zero Cents ($300,996.00) for Base Bid and Alternate Number One. Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the tenns of this contract It is wtderstood 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. ARTICLE6. 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. ARTICLE7. HOLD HARMLESSIINDEMNIFJCA TION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnity 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 infiingements 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. ARTICLES. 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 herewtder. 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. 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. ---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. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modifY the provisions of this requirement. The Contractor and his surety shall indemnifY and save hannless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. II. 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. 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: McCall's Classic 945 Beachview Blvd. Clarkston, W A 99403 City: City of Moscow 206 E. 3111 Street P.O. Box 9203 Moscow, ldabo 83843 ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: McCall's Classic äR -y z/ ttt uu ecretary ACKNOWLEDGMENT State of h 1 /Jj f-ov, County of ) ) ss ) On this :J.i day of Jun-e__ , 2012. _ personally appeared Randall F. McCall and JoAnn K. McCall known to me to be the President and Secretary of McCall's Classic Construction described in the above document and acknowledged to me they executed the same. QH'IIIIIIIIIIIIIIIIIUIIIIIIIIIUUIIIIIHHIQ = Notary Public = T State of WVfeWD a U 5 CINDY l. MilOT a X MY COMMISSION EXPIAEI I = April20, 2011 - Notary Public residing at: LtuJ,s-h.v-.. ...LD My commission expires: a(Y..J U, .2 C> Date 1 ---PAGE BREAK--- Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of I Washington State Department of Labor and Industries Employer Liability Certificate Department of Labor and Industries Employer Liability Certificate Date: 06/27/2012 UBI#: 601 815 883 Business Name: MCCALL'S CLASSIC CONS1RUCTION Legal Business Name: MCCALLS CLASSIC CONSTRUCTION INC Account#: 940,929-00 'Doing Business As' Name: MCCALLS CLASSIC CONS1RUCTION Estimated Workers Reported: Quarter 1 of Year 2012 "4 to 6 Workers" (See Description Below) Workers' Camp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: MCCALCC024Kl Expire Date: 1 0/18/20 13 Account Representative: T5 I TERRI MADISON (360)902-4654- Email: [EMAIL REDACTED] What does "Estimated Worken Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). ---PAGE BREAK--- MCCACLA-01 CASH BY CERTIFICATE OF LIABILITY INSURANCE 1 DA Õ I 6/ZT/2012 Ťť--THIS CeRlifiCArE 1Sissueo AS A MATTER OF INFORMAnoN ONLY AND CONFERS NO RIGHTS u_PQ_N_THE cERTl-FlCATE HOLDER. THIS CER'TlACATE DOES NOT AFFIRMA'TlVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TlfE COVERAGE AFFORDED BYTHE POLIClES BELOW. THIS CERTIACATE OF INSURANCE DOES NOT CONS'TlTUTE A CONTRACT BElWEEN THEISSUINGINSURER(S),AUTHORIZED REPRESENT AliVE OR PRODUCER, AND llfE CERllACATE HOLDER. ;-jM PO R TA N T: W the certificate holder is an ADDITIONAL I NSU:-:R=E-=o- . -an--=do_ r_s_ed-=- • BR OGA .to-­ . the terms and conditions of t he poll cy, certain policies may require an endorsement. A statement on this certificate does not confur rights to the : certificate holder In lieu of such endorsement(s). PRODUCER istonebraker McQuary 1616 5th st. :poBox 9 'Cialielrr-, [ iCWP2960892 11211ono11 j [PHONE REDACTED] I ; i i 200,000 , : ·:Ɣ'1EM1i" E.-•:lUDfD' ' (loland81oty In NH) I : j rr lj.;.i.:r":t-'1 ur j.:.r :•E:.O::PI2ir·:·34 boo?Ö× bwP2960892 ' J ' l I r : !Eall<:(ldt'<'tl $ i [PHONE REDACTED] : 1211 on012 1 BQDIL) IN,l·ƍƎ !l"Ə·wsVI'I. IQ / ! I MC:•Il'f 1tl,t11rt> r . 1: 2,000,000 1,000,000 ; DESCRIPTION OF OPERAllONS /LOCATIONS I VEHCLES (Attach ACORD 101, Additional R•maTh Sc:hecM • ihno,. IIpKe Ia required) jRE: Mountain Vi- Parl< Parking Lot Reconstruction- certificate as additional insured in rŧd to contTad with insured CERTIFICATE HOLDER City of Moscow PO Box 9203 Moscow, ID 83843 ACORD 25 (2010105) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE TltE EXPfRAllON DATE llt9EOF, NOllCE Wll1. BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. i AtmiORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered mark9 of ACORD ---PAGE BREAK--- PERFORMANCE BOND Travelers Casualty and Surety Company of America Hartford, Connecticut 06183 Bond No.: 105786634 CONTRACTOR: (Name, legal status and address) McCall's Classic Construction, Inc. 945 Beachview Blvd, Clarkston, WA 99403 OWNER: SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square (Name, lel{al status and address) Hartford, CT 06183 City of Moscow, Idaho P. 0. Box 9203, Moscow, ID 83843 CONSTRUCTION CONTRACT Date: June 26, 2012 Amount: $ 300,996.00 Three Hundred Thousand Nine Hundred Ninety Six Do[[ars and 00/100 Description: (Name and location) Mountain View Park Parking Lot Reconstruction - 2012 City of Moscow Project No. 118-011 BOND Date: June 28, 2012 (Not earlier than Construction Contract Date) Amount:$ 300,996.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Three Hundred Thousand Nine Hundred Ninety Six Donars and 00/100 X I None I I See Section 16 SURETY Company: (Corporate Seal) Mravelers Casuclty a d nd Surompany of A_m.LrKca Signature: Stgnature('??< 1; f! 1(-..t.d.fU vclv::+r/':J Name and Name anV Judith C. Kaiser-Smith Title: Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Payne Financial Group, Inc. (Architect, Engineer or other party:) 7903 E. Broadway Avenue Spokane Valley, WA 99212 [PHONE REDACTED] § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 ---PAGE BREAK--- notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shalt be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § Slf the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default The Company executing this bond vouches that this document conforms to American Institute of Architects Document 01ww23n 2 ---PAGE BREAK--- or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond bas been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shaH be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract § 14.2 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shalt be deemed to be Subcontractor and the term Owner shalt be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document AJ12, 2010 edition 3 ---PAGE BREAK--- PAYMENT BOND Travelers Casualty and Surety Company of America Hartford, Connecticut 06183 Bond No.: 105786634 CONTRACTOR: (Name, legal status and address) McCall's Classic Construction, Inc. 945 Beachview Blvd, Clarkston, WA 99403 OWNER: (Name, legal status and address) City of Moscow, Idaho P. 0. Box 9203, Moscow, ID 83843 CONSTRUCTION CONTRACT Date: June 26, 2012 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Amount: $ 300,996.00 Three Hundred Thousand Nine Hundred Ninety Six Dollars and 00/100 Description: (Name and location) Mountain View Park Parking Lot Reconstruction - 2012 City of Moscow Project No. 118-011 BOND Date: June 28, 2012 (Not earlier than Construction Contract Date) Amount: $ 300,996.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Three Hundred Thousand Nine Hundred Ninety Six Dollars and 00/100 x I None I I See Section 18 SURETY (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) Payne Financial Group, Inc. 7903 E. Broadway Avenue Spokane Valley, WA 99212 [PHONE REDACTED] § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incoSporated herein by reference, subject to the following terms. § 2 If the Contractor makes payment of all sums due to Claim ants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished The Company executing this bond vouchea thatthla document confonns to American Institute of Architects Document A312, 2010 edition ---PAGE BREAK--- for use in the performance of the Construction Contract, then the Surety and the Contractor shaH have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims. demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall and at the Surety's expense defend, indemnifY and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfY a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall and at the Surety's expense take the following actions; § 7.1 Send an answer to the Claimant, with a copy to the Owner. within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnity the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfY claims, if any, under any construction perfonnance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to. or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. The Company executing this bond vouches that this document confonns to American Institute of Architects DocumentA312, 2010 edition 2 ---PAGE BREAK--- § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(I) or first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shaH be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor•s subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 ---PAGE BREAK--- § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: (Corporate Seal) The Company executing this bond vouches that this document confonns to American Institute of Architects Document A312, 2010 edition 4 ---PAGE BREAK--- WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Ĝ TRAVELERSJ POWER OF ATTORNEY Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 223838 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. Q Q 4 5 7 9 911 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. that Fannington Casualty Company. Travelers Casualty and Surety Company. and Travelers Ca¥ualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make. constitute and appoint Judith A. Rapp, James E. Majeskey II, Judith C. Kaiser-Smith, Shawn M. Wilson, and Nicholas W. Paget of the City of Spokane Valley . State of Washington . their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign. execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any llctions or prvceedings allowed by law. lOth IN WITNESS WHEREOF, the Companies have caused this instrument to be ¦igned and their <:orporate seals to be hereto affixed. this day of October 2011 State of Connecticut City of Hartford ss. Flll'llington CIISualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company By: St. Paul Mercury Insurance Company Travelers Casually and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 1Oth October 2011 On this the day of , before me personally appeared George W. Thompson. who acknowledged himself to be the Senior Vice President of Fannington Ca¥ualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself llS a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June. 2016. 58440-6-11 Printed in U.S.A.  j '\..Marie C. Tetreault. Notary Publk WARNING: THIS POWER OF IUWF\NEY IS INVALID WITHOUT THE RED BOI'tOEF\