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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this between the City of Moscow, State of Idaho (hereinafter, (hereinafter, "Contractor"): WITNESSETH: 19th day of December, 1994, Idaho, a municipal corporation "City") and Poe Asphalt Paving, by and of the Inc. , 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. Proj ect Specifications titled : GARFIELD STREET L. I.D. 118; 3. Bid/Proposal of the Contractor, dated November 7, 1994, to be physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 6 . Change Orders which may be delivered or issued after the effective date of this Agreement; 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 Specifications. CONSTRUCTION CONTRACT PAGE I 95-22 ---PAGE BREAK--- ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before thirty (30) calendar days from the issuance of the Notice to Proceed, unless adj ustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE 4. CONTRACT SUM The City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of Eleven Thousand Four Hundred Seventy-four DOLLARS and Twenty-two cents ($11, 4 74.22) . Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. CONSTRUCTION CONTRACT PAGE2 ---PAGE BREAK--- ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any inj uries 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 proj ect 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 Proj ect 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 PAGE 3 ---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 J.O. 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 J.J.. 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 J.2. 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: Poe Asphalt Paving, Inc. P. O. Box 784 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: b tJAtn" by: CONSTRUCTION CONTRACT PAGES J:aii'ie Russel, City ffirk ---PAGE BREAK--- ACKNOWLEDGMENT On this 2Ztb day of ' 1994, before me, a State of "Wb&; personally appeared N t-0 of the in his otficial capacity as known to me to be the person described Branch Manager in the above document and acknowledged to me he execu ed the same. ACKNOWLEDGMENT / I ct: On this c£d day of '--/llah 199<.' 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 acknow,Li!elcif!••t-2 me he executed the same. , ff Us¥Ʃ"' i2 v .S IJ (l I • A- r' Ƭ ( li / - . • . L¢!:;Q:d;V ƦƧƨ. gu · d Notary Public residing at - - . My C . ommissbon expires c;;4 ACKNOWLEDGMENT On this tJJ/1:! day of Jn(lgt{ 199$, before me, a Notary Public of the State of Idaho, personally appeared Elaine Russell in 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. CONSTRUCTION CONTRACT PAGE6 ---PAGE BREAK--- BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: ll-7-94 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 GARFIELD STREET LID #118 , 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 vmrk. 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--- ITEM NO. 1. 2. 3. 4. 5. 6. 7. 8. BID SCHEDULE ITEM DESCRIPTION Excavation at Five Dollars & .no/100 QUANTITY UNIT & UNIT PRICE Per cubic yard 146 c. y. 5.00 3/4" Aggr. Base at Three Dollars & • 36/100 Per square yard 8 38 s. y. 3.36 Plant Mix Pavement (surf. ) at Three Dollars & .14/100 Per square yard Plant Mix Pavement (base) at Three Dollars & .14/100 Per square yard Concrete Sidewalk ( 6 " thk) Forty Dollars & • no/100 Per square yard Concrete Curb Twelve Dollars & .50/100 3.14 8 38 s. y. $ _ 838 s. y. $ 3.14 12. 5 s. y. 40.00 Per lineal foot 103 l. f. $ 12 .so Adjust Manhole Two Hundred Dollars Per each Remove & Dispose Bituminous Surface Two Dollars & • 30/100 Per square yard 1 ea. 88 s. y. Page 4 $ 200.00 2.30 TOTAL PRICE $ 730.00 $ 2815.68 $ 2631.32 $ 2631.32 500.00 1287.00 200.00 $ 202.40 ---PAGE BREAK--- 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. 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 have been delivered Number through 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 Contractor's License Number 4458-AA-3 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Speciality Amount a. Eisinger Construction Concrete Curb & Sidewalks $1,787.00 b. c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for GARFIELD STREET LID #118 , 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--- 9. Remove & Dispose Cone. Curb Six Dollars & .no/100 Per lineal foot 16 l. f. 6.00 $ 96.00 10. Remove & Dispose Cone. Sidewalk Ten Dollars & .no/100 Per square yard 18 s . y. $ 10.00 $ 180.00 11. Mobilization Two Hundred Dollars & .no/100 Per lump sum 1 l. s. $200.00 $ 200.00 TOTAL BID $ 11,473.72 No. SEAL {If Incorporated) Dated Poe Asphalt Paving, Inc. Official Title Mailing Address P.O. Box 784 - Pullman, WA 99163 Public Works License 5130-AAA-2 State of Incorporation if Incorporated \vashi ngton 1994. Page 5 ---PAGE BREAK--- ® SAFECO BiD BOND 5AFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICEo SAFECO PLAZA SEATTLE, WASHINGTON 98185 KNOW ALL BY THESE PRESENTS, That we,_{zoLI\SQllolL!'ovi.Dfu .I.Qc, _ _ of - _ ._(hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety), as Surety, are held and firmly bound unto (hereinafter called the Obligee) in the penal sum or__5.%_o_L B i d_llmolliLt.;. · - · - ; - · { Dollars ( $ _5 % 0 f.J2._i_d ` for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGA T!ON IS SUCH, That WHERE'AS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for _Street I ID #1 NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this ltl__ - - - day of. 5·53 R8 11i75 NovE!.rnber_ _ _ , J9.2L. Poe Asphalt Pav1ng, Inc. Principal Title SAFECO INSURANCE COMPANY OF AMERICA Bv (\0oD, a . De 1 1 a J. A 1 en tutorney-in-Fact PRINTED IN U.S.A. ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOM€ OFFICE! SAFECO PLAZA SEATTLE, WASHINGTON Q8185 No. _ KNOW All BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint •••PHIL STONEB RAKER: JAMES M . HEWITT; DON M cQUARY; CHERYL A. ASHBY: DELLA J. ALLEN, Cla rks t on, Wa s h i n g t o its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other dOCLrnents of a similar character issued in the course of its business. and to bind the respective ccmpany thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this ---26th-- dof CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 19 94 "Article V. Section 13. - FIDELITY AND SURETY BCNOS • • • the President. 3"'1 Vice President. the Secretary, and arty Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the ccmparY-J fidelity and surety bonds and other docLments of similar character issued by the comparty in the course of its business . • . On arty instn.ment making or evidencing such appointment. the signatures may be affixed by facsimile. On arty instn.rnent conferring such authority or on arty bond or undertaking of the comparty. the seal. or a facsimile thereof. may be impressed or affixed or in arty other manner reproduced: provided. however. that the seal shall not be necessary to the validity of arty such instn..ment or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 19 70. "On arry certificate executed by the Secretary or an assistant secretary of the Ccmpany setting out. The provisions of Article v. Section 13 of the By-Laws. and (ii) A copy of the power-of -attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the may be a facsimile thereof." I, R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto s9?41EP 1193 set hand and affixed the facsimile seal of said corporation this sj: • ' ' --ƚƛVƜQƝvƞƟƠ¢'ơƢƣƤƥ----- 19'\lf ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- P.2 $AFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE- COMPANY OF AMER!Co\ HOME OFFICE: SAFECO PL.AZA SEATTLE, WASHINGTON i818S Bond No. 5735576 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, 302 15th Street, Clarks ton IvA 99403 (hereinafter called the PrincipaiJ, Principaf, atd tJie SAFW INSURANCE COMPANY OF AMERICA, a corporation duly organized under the laws of the State of Washington {hereinaftor called the Surety), Surety, are held and firmly bound unto City of 1·1oscow - 11oscow Idaho ,(hereinafter called the Obliaee), m»eswnof ïEðlñeòvóenôTõhöo÷uøsùa.unúd-'-'Fo""uûrüHýuþnÿdĀrāedĂSăeĄvąeĆnćtĈyĉFoĊuċrČDčoulĎlďaĐrđs_aanĒdL-TuwēeĔnĕtĖy-LTwėoĘCęeanutĚs 11,47 4. 22 ) Dolle¯. lor °payment of which wm well and truly "Tfht:"e::-:sa"'i"'d½'"Pf""'•"'nc"J""pa"l'"a"n:-:rd the saxd Surety, bind ourselves. our he itt, executors, administrators, .wceesors and signs, Jointly and severally, firmly by these presents. Sealed with our seals and dated this 27th day of December ,19a WHEREAS, said Principal bu entered into a Contract with said Obligee, datad December 19, 1994 for ěGĜaĝ rĞfğieĠlġ dĢSģ tĤ reĥ in accord¼noo Wtth the terms and cond1bOQ.I of satd COntract, wh1ch IS hereby to and made a part hereof as d fully set forth herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform each and every. all and singular, the matters ond thing• in eaid contract set and specified to be by said Principal kept, done and performed, at the timee and in the manner m said contract specified, or shall pay over, make good and reimburse to the above named Oblijroo, all loss and damage which said Obli11ee may sustain by reaoon of failure or default on the part of said Principal so to do, then this obligation shall be null atd void; otherwise •h•ll remain in full force and effect. NO SUIT, ACfiON OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two years following date on which Principal ceased work on said Contract. Poha 1t Paving, I nc. By SAFECO INSURANCE COMPANY OF AMERICA ® R:e-g:st•ro< traaemarll: Of SAFE CO Corporation. S-75 7tEP 3/90 PRINTED IN U.S.A, ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY Of AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 N 323 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint •••PH I L STONEBRAKER; JAMES M. HEWI TT; DON McQUARY; CHERYL A . ASHBY; DELLA J . ALLEN, C l arks t o n, Was h i n g to its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other doci..IT\ents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this d~of CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 19 94 "Article V. Section 13. - FIDELITY AND SURETY 80\IOS • . . the President. arry Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the ccmpany fidelity and surety bonds and other docï.nents of similar character issued by the ccmpany in the course of its business . • • On arty instn . .ment making or evidencing such appointment, the signatures mw.; be affixed by facsimile. On arr-., insm ment conferring such authority or on arry bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in arry other manner reproduced: provided, however. that the seal shall not be necessary to the validity of any such instn.rnent or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Canpany setting out. The provisions of Article v. Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seaf of the Ccmpany may be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto, are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this S-974/EP 1/93 d~ of 19 q . ® Registered trademarK of SAFECO Corporation. ---PAGE BREAK--- LABOR AND MATERIAL PAYMENT BOND SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA SAFECO FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA Conforms with The American Institute of Architects A.I.A. Document No. A-311 SEATTLE. WASHINGTON Q8185 Bond No. 5735576 Note: This bond is issued simultaneously with a Performance Bond in favor of the Owner conditioned for the full and faithful performance of the Contract. KNOW ALL BY THESE PRESENTS. That we. Poe Asphalt Pavin , I nc., 302 15th Street, Clarkston, WA 99403 Here insert the name and address or legal title of Contractor as Principal. hereinafter called Principal. and SAFECO INSURANCE COMPANY OF AMERICA. a Washington Corporation of Seattle. Washington. as Surety. hereinafter called Surety. are held and firmly bound unto _ City of lft.oscow - t1oscow, Idaho (Here insert the name and address or legal title of Owner) as Obligee. hereinafter called Owner. for the use and benefit of Claimants as hereinbelow defined. in the amount of Eleven Thousand Four Hundred Seventy Four Dollars a nd TwentyDollars (S 11,474.22 (Here insert a sum equal to at least one-half of the contract price) lwo Cents for the payment whereof Principal and Surety bind themselves. their heirs. executors. administrators. successors and assigns. jointly and severally. firmly by these presents. WHEREAS. Principal has by written agreement dated December 19 • 19 ..2.±_entered into a contract with Owner for l _ in accordance with Drawings and Specifications prepared by _ (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof. and is hereinafter referred to as the Contract. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. That if the Principal shall make payment to all Claimants as hereinafter defined. for all labor and material used or reasonably required for use in the performance of the Contract. then this obligation shall he void: otherwise it shall remain in full force and effect. subject. however. to the following conditions: l.A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor. material. or both. used or reasonably required for use in the performance of the Contract. labor and material being construed to include that part of water. gas. power. light. beat. oil. gasoline. telephone service or rental of equipment directly applicable to the Contract. S-1220/EP 3190 Page 1 of 2 PRINTED IN U.S.A. ---PAGE BREAK--- Bond No. 5735576 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined. who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed. or materials were furnished by such Claimant. may sue on this bond for the use of such Claimant. prosecute the suit to final judgment for such sum or sums as may be justly due Claimant. and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant. a) Unless Claimant. other than one having a direct Contract with the Principal. shall have given notice to any two of the following: The Principal. the Owner. or the Surety above named. within ninety (90) days after such Claimant did or performed the last of the work or labor. or furnished the last of the materials for which said claim is made. stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished. or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail. postage prepaid. in an envelope addressed to the Principal. Owner or Surety. at any place where an office is regularly maintained for the transaction of business. or served in any manner in which legal process may be served in the state in which the aforesaid project is located. save that such service need not be made by a public officer. b) After the expiration of one year following the date on which Principal ceased work on said Contract. it being understood. however. that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project. or any part thereof. is situated. or in the United States District Court for the district in which the Project. or any part thereof. is situated. and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement. whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this _ of • 19 94 S-1220/EP 3!90 1tnessl Poe Aëphalt Paving, I nc. \ I / 7 (Seal) Princioal I . I rl Ti!Je SAFECO INSURANCE COMPANY OF AMERICA { By o . 0 • ` . De 11 a J. A 11 e n Attorney-in-Fact Page 2 of 2 ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 96165 No. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint •••PH I L STONEBRAKER; JAMES M. HEWI TT; DON McQUARY; CHERYL A . ASHBY; DELLA J . ALLEN, Clarkston, Was h i n g to its true and lawfuf attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other doci.ffients of a similar character issued in the course of its business. and to bind the respective cOI'Tipany thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this ----Ə2Ɛ6ƑtƒhƓ davof 19 94 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide v. Section 13. - FIDELITY AND SURETY 80\lOS • • • the President. any Vice President, the Secretary, and arry Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shaU each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other doct.ments of similar character issued by the company in the course of its business . • . On arty instn.ment making or evidencing such appointment. the signatures may be affixed by facsimile. On arrt instrunent conferring such authority or on arry bond or undertaking of the company, the seal. or a facsimile thereof. rrury be impressed or affixed or in any other manner reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrunent or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted Juty 28. 1970. KOn arrv certificate executed by the Secretary or an assistant secretary of the Canpany setting out. The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto, and (iii) Certifying that said power-of -attorney appointment is in fult force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Cornpany rrriJ.1 be a facsimile thereof." l R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sea! of said corporation this 19"14. S-974/EP 1193 ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- SleƎ Mdl . Al!..,m P 0 Sox44B ƌnil) CnWA a3601 • Poe Alipllal' _llf. l!!c. a!l21Slll . Clarblon,WA :MYƍ . tomU!ia .uroo M!fiBAƩ \llRAM UMJ\Jt¥ 9t403 C!iYOfM~ P a a 11200 !I.06COW,!O • , SHOI!l.!l ANYOFTHEMM!SC- !'!)Uillflill!-L!!!ll l!'!)ffii THE Ƨ lm!IIIQ-V W!Uiallilll-j. W!lm'm THli ƨil:Al£ HOLOO! T!i£ <>Fr. \ P.01 ---PAGE BREAK--- PRODUCER INSURED Stonebraker McQuary Agency P 0 Box448 P 0 Box9 Lewiston ID Clarkston WA 83501 99403 Poe Asphalt Paving, Inc. 302 15th Clarkston, WA 99403 COMPANY E LETTER COMPANIES AFFOROING COVERAGE THIS IS TO CERTIFY THATTHE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS Of SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CLAIMS MADE X OWNER'S & CONTRACTOR'S PROT. SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' liABILITY PROJECT. CITY OF MOSCOW P 0 BOX 9203 MOSCOW, ID 83843 CP8632278 BA8632278 UL8632278 WC8632278 LIMITS PROOUCTS-COMP/OP AGGR. PERSONAL & ADV. INJURY EACH OCCURRENCE $ . 1 ,000,000 06/01/94 06/01/95 FIRE DAMAGE (Any one lire) 06/01/94 06/01/95 06101194 06101195 02101/95 02101/96 DISEASE-EACH EMPLOYEE SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL !i"Nbii r 1,000,000 1,000,000 50,000 MAIL _1fi_ OAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, @1 bAil 1% I 51!' I ;e !$JILl I I HiS& II i!Qki' A! 061 "k 1!1 14NYP t::LF:IITCECl I, Ail\lf$. REPRESENTATIVE