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CONSTRUCTION CONTRACT THIS AGREEMENT 1 dated this 6th day of September 1 1995, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Quad-Cities Construction, Inc. , (hereinafter, "Contractor") : 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 noticei 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 Bidsi 2. Project Specifications titled : STOKES AREA L.I. D. 120i 3. Bid/Proposal of the Contractor, dated September 1, 1995, to be physically attached to this Contracti 4. The Engineering Plansi 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contracti 6. Change Orders which may be delivered or issued after the effective date of this Agreementi 7. Addenda issued prior to opening of bids, to be physically attached to this contract. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. CONSTRUCTION CONTRACT PAGE 1 95-73 ---PAGE BREAK--- ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract except asphalt paving shall be substantially complete on or before forty-five (45) 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. Asphalt paving shall be complete prior to May 30 , 1996. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE 4. CONTRACT SUM The City shall pay the Contractor for completion of the Work 1n accordance with the Contract Documents in current funds the amount of Two hundred sixty-four thousand thirty-six dollars and ninety-one cents 264,036. 91). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. CONS1RUCTION CONTRACT PAGE2 ---PAGE BREAK--- ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLE 8. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and the City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This contract may not be enlarged, modified CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- 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 of Moscow. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. CONSTRUCTION CONTRACT PAGE4 ---PAGE BREAK--- ARTICLE 13. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: City: Quad-Cities Construction, Inc. P. O. Box 217 Pullman, WA 99163 City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: CONSTRUCTION CONTRACT PAGES City: Paul C. Agidius, Mayor Elaine Russell, City Clerk ---PAGE BREAK--- ACKNOWLEDGMENT On this day of s\KL_Al I 1995, before me, a Notary Public of the State of \ , , personally appeared 1 d and S'xn \ in th.oir official ca}?acity as and Bawillknown to me to be the persons described in the above docum and acknowledged to me they executed the same. MX Commission expires . S \Sc\D \ ACKNOWLEDGMENT · o zt; On this day of · , 1995, before me, a Notary Public of the State of Idaho, personally appeared Paul C. Agidius in his official capacity as Mayor of the City of Moscow, known to me to be the person described in the above document and acknowledged to me he executed the same. h N R Us'', /l N£-ra'ry PUJsid ng at ' , 4: tt 2o· a - & ŗ = rJ ɿ ʘ : / . - tl - = 4J My cz o miIion expires ʀ ʁ ʓ ʕʖ : " r , · Q aC7 ʗ· B \ ' ʚ C/1. 05 7..4 '7 / ʔ ʛeve Ŕ I 7 'fl •••eesc.l!tc, Œ Of \V ACKNOWLEDGMENT On this ;qif day Notary Public of the Russell in her official be the person described she executed the same. of Eb 1995, before me, a State of Idaho, personally appeared Elaine capacity as Moscow City Clerk, known to me to in the above document and acknowledged to me CONSTRUCTION CONTRACT PAGE6 y Commission expires 197 at ---PAGE BREAK--- I· BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: Se.Mew 111H'5 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 STOKES AREA LID #120 , specified herein and which construction documents are on file with the City Engineer, City Hall Annex, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the Page 2 ---PAGE BREAK--- I· I 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 intrest of the City. 7. 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. 8. The undersigned, as a bidder, acknowledges that Addenda Number 0 through have been delivered to him and have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor1s License Number /OlqS -AI\A.- 2-L/ (y3J. 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Amount a. b. c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for STOKES AREA LID #120, 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 contract prices as follows: Page 3 ---PAGE BREAK--- I BID SCHEDULE ITEM ITEM QUANTITY UNIT TOTAL NO. DESCRIPTION & UNIT PRICE PRICE 1. Excavation per 'OD ɻ '3'50 cubic yard 704 c.y. $ .S $ 2. Remove Bitum Surf oo · per square yard 132 s.y. $ 3 . t(LW$ 31&> ɼ0 3. Process Base Course per square yard 15404 s.y. $ .so $ 77o;). 4. Crushed rock base s-ɾ ou per ton 100 ton $ 8- $ caso - Sa. Trench Exc/Bdfl Cl.D oo per each 12 ea. $ l<:lo - $ l{ou X Page 4 ---PAGE BREAK--- I I 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Page 5 Canst. concrete curb per lineal foot 1017 l.f.$ Ň1ňD_7_ʼn Canst. concrete side- ] q s_s walk per sq. yard 1329 s.y.$ Construct aoncrete dwy $ 2 per square yard 235 s. y. --ʐʑ Rem/disp cone. curb per lineal foot 789 l.f.$ Ŋ1 -ŋ_0 Rem/disp cone. dwy 5u_o per square yard 235 s.y.$ _ Rem/disp cone. s. w. 3Ņ0 per square yard 32 s.y.$ ʎʏ--- Soft spot repair 70 per square yard 1250 s.y.$ 1 Construct manhole 9 eo per each 3 ea. $ ŌO _b Canst. catch basin oc per each 6 ea. $ 7ōS_o _ $ 75 $ 5b'SJ - $ 00 $ _ $ eo $ $ f)O J.f5oo V ac Landscaping per lump sum 1 l.s.$ W eo !:)DUO $ -5oe>o- Relocate mailboxes per each Street monuments per each Mobilization per lump sum 3 oo 23 ea. $--ÛÜsÝ-- tl.O 'il 0 6 ea . $ t So - $ &0 1 1. s . $ 5 DOD - $ o'8 sooo- TOTAL BID 41 ---PAGE BREAK--- I No. SEAL (If Incorporated) Dated at -A B=CDEFGH------ This day of Page 6 Firm Name of Bidder Signature of Bidder Official Title y, B\>'6 217 Mailing Address Public Works License -Y State if Incorporated 1 1994. ɸ.l1)ɹ fi+!J MOɺSOW ::10 AJ.I::l S66L L d3S 0311:1 ---PAGE BREAK--- CITY OF MOSCOW STOKES AREA L.I.D. AUGUST 29, 1995 ADDENDUM NO.1 The following changes, additions, and/or deletions are hereby made a part of Moscow, Stokes Area L.I.D. Project, as fully and completely as if the same were entirely set forth in the Specifications, and Contract Documents. The corrections, clarifications, changes and approvals described herein shall become an integral part of any contract entered into between the Owner and Contractor. TS-3. PROCESS BASE COURSE Page 46. Paragraph l -Please remove the following from the last sentence: and removing and disposing of any excess material. Removal of excess material is paid for as excavation. TS-9. CONSTRUCT CONCRETE CURBS Page 49. Paragraph 6 -Please add the following to the end of this paragraph: Pa)'ment for curbs shall also include the labor, equipment and materials necessary to backfill curbs with topsoil or \Vhatever material is required to match lhe adjacent landscaping. TS-10. CONSTRUCT CONCRETE SIDEWALK Paee 50. Paragraph 2 - Please change the second sentence to read: Work under TS- 10 CONSTRUCT CONCRETE SIDEWALK shall also include furnishing, placing and compacting a 4 inch thick base of 3/4" minus aggregate before furnishing, placing and finishing concrete. TS-18. LANDSCAPING Paee 54. Paragraph 4- Please eliminate the fifth and sixth sentences. The work to backfill behind curbs and sidewalks sh:JII be part of constn1cting curbs and sidewalks and not part of landscaping. Notice is hereby given tl1at this addendum must be signed and enclosed ''ith a sealed bid for the City of Moscow, Stokes Area L.I.D. Project, as evidenced tl1at the bidder has familiarized himself ''th all changes incorporated herein. NAME OF BIDDER By s JlP.k MI!\IQf±h L w t. Name Se.@ lllt1S Dat Title ---PAGE BREAK--- UNITED PACIFIC INSURANCE COMPANY HOME OFFICE, PHILADELPHIA, BID BOND Bond No. _ 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 Quad Cities Construction, Inc. as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of Philadelphia, a corporation duly organized under the laws of the Commonwealth of as Surety, hereinafter called the Surety, are held and firmly bound unto City of Moscow, Latah County, Idaho as Obligee, hereinafter called the Obligee, in the sum of S% of Bid Amount Dollars($ 5% of Bid Amount for the payment of which sum well and truly to be made, the said Principal and the 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 Stokes area L. I. D. 120 Project #109-95, 6" storm pipe, Asphalt, sidewalks, curb, paving to be done in 1996 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fur nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st day of August cń , - } . . n (Principal) (WitW --lJ!f Ń (Title) A.D. 1995 UNITED PACIFIC INSURANCE COMPANV Attorney - in - fact BDU-2305 5/93 ---PAGE BREAK--- RELIANCE SURETY COMPANY . • UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the Jaws of the State of Del· aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Lisa Smith, Karol J. McBride, of Clarkston, Washington their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII· EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board or Directors. the President, the Chairman of the Board, any Senior Vice President, any Vice Prestdent or Ass1s1ant Vtce Pres•dent or other officer destgnated by the Board ol Directors shall have power and authority to ĭa) appoint Attorney(sHn·Fact and to authorize them to execute on behalf of the Company. bonds and undertakings, recognizances, contracts of •ndemnity and other writings obligatory in the nature thereof, and (bJ to remove any such Attorney(s).ln-Fact at any time and revoke the power and authonty given to them. 2. Attomey(sHn·fact shall have power and authority, subject to the terms and limitations of the Power of Attorney 1ssued to them, to execute deliver on behalf or the Company, bonds and undertakingsĮ recognizances, contracts or indemnity and other writings obligatory in the nalUre thereof. The corporate seal is not necessary for the validity ot any bonds and undertakmgs, recognizances. contracts ot indemnity and other writings obligatory in the natute thereof. 3. Attorney(sHn-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 f1nanc•al statement of the Company and to copies ot the By-laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facs1m•le under and by auchomy or the followmg resoluhon adopted by the Execuuve and F1nance Comm•ttees of the Boards of OarectOIS of Reliance Insurance Company. United Pacif•c Insurance Company and Reliance National lndemmty Company by Unanimous Consent dated as of February 28. 1994 and by the Executive and Financial Committee of the Board of Dtrectors ol Reliance Surety Company by Unanomous Consent dated as of March 31, 1994. ·Resolved that the Signatures of such directors and off1cers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relatmg thereto by facsimile.and any such Power or Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company. in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this October 14, 1994. STATE OF Washington } COUNTY OF King } ss. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, October 14, 1994, before me, Janet Blankley, personally appeared Lawrence W. who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof. I hereunto set my hand and official seal. 19 95 . ---PAGE BREAK--- Bond No. U2625366 UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PERFORMANCE BOND The American Institute of Architects, AlA Document A311, February 1970 Edition. KNOW ALL MEN BY THESE PRESENTS: that (Here msert full name and address or legal title of Contractor) Quad Cities Construction, Inc. 5026 Whelan Road Pullman, WA 99163 as Principal, hereinafter called Contractor, and UNITED PACIFIC INSURANCE COMPANY, a corporation of the Commonwealth of with its Head Office at Philadelphia, P as Surety, hereinafter called Surety, are held and firmly bound unto (Here insen full name and address or Jegal trtle of Owner) City of Moscow 122 E. 4th Street Moscow, ID 83843 as Obligee, hereinafter called Owner, in the amount of Two h undred sixty-four th ousand thirty-six and 91/100--- Dollars($264,036.91--------). for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated September 5 19 95 , entered into a contract with Owner for Stokes Area L.I.D. #120 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal lllle of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if contractor shall and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's 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 tor a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de fault or a succession of defaults under the contract or contracts of completion arranged under this paragraphj 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 tina: payroent under the contract falls due. No right of action shall accrue on this bond to or for the use of any per n corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this Performance Bond Revised to February. 1970 SB 5715ax Printed in U.S.A. SDU-2304 6/93 11th (Wilne) (Witness) 19 95 { (Tille) ---PAGE BREAK--- RELIANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY 'RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Lisa Smith, Karol J. McBride, of Clarkston, Washington their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII· EXECUTION OF BONDS AND UNDERTAI<:INGS 1. The Board ot Directors, the Pres1dent, the Chairman of tlle Board, any Senior Vice President, any Vice Pres1dent or Assistant Vice President or other off•cer des1gnated by the Board of Directors shall have power and authority to (al appoint Attorney(s)-in·fact and to authorize them to execute on behalf of the Company, bonds and undertakmgs, recogmzances, contracts of •ndemnity and other writ1ngs o">llgatory in the nature tt.ereot and to remove al"iy such Attorney(s)·ln·Fac:. at any time and revoke the power &ild authority given to tt,em. 2. Attorney(s)-tn-Fact shall have power and authority. subject to the terms and limitations of the Power or Attorney issued to them, to execute deliver on behalf ot the Company, bonds and undertakings, recognizancesƉ contracts or indemnƊty and other writings obligatory in the nature thereof. 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_ Attorney(sHn-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakmgs and they shall also have power and authonty to the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. Thts Power of Attorney Is signed and sealed by under and by authonty of the following resolut1on adopted by the E;:(ecutive and Finance Comrn1ttees or the Boards of Dtrectors or Reliance Insurance Company, United Pac1f1c Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Finaoc,al Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as at March 31, 1994. ·Resolved that the stgnatures of such directors and officers and the seal of lhe Company may be amxed to any such Power of Attorney or any certificates relating thereto by facsimile,and any such Power of Attorney or certificate bearing such signatures or facsimile seal shall be valid and bmding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which 11 is attached.• IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this October 14, 1994. STATE OF Washington } COUNTY OF King } ss. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY On this, October 14, 1994, before me, Janet Blankley, personally appeared Lawrence W. who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, be1ng authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. ---PAGE BREAK--- UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE. PHILADELPHIA, LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AlA Document A311, February 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) Quad Cities Construction, Inc. 5026 Whelan Road Pullman, WA 99163 as Principal, hereinafter called Principal, and, UNITED PACIFIC INSURANCE COMPANY, a Corporation of the Commonwealth of with its Home Office at Philadelphia, 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 122 E. 4th Street Moscow, ID 83843 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined. in the amoum of Two hundred sixty-four thousand thirty-six and , Dollars($ 264,036.91 I • for the payment whereof Prmc1pal and Surety bind themselves. their heirs, executors. administrators, successors and