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CONSTRUCTION CONTRACT ADAMS STREET LI.D.'S THIS CONTRACT, dated this 3rd day of June, 2003 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and McCall's Classic Construction (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this 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 four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: ADAMS STREET LI.D.'S, DIVISIONS I, II & Ill 3. Bid/Proposal of the Contractor, dated May 30, 2003 to be physically attached to this Contract; 4. The project 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 Contract; 7. Addenda issued prior to opening of bids. 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. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project tilled: ADAMS STREET LI.D.'S: DIVISION I, DIVISION II AND DIVISION Ill. Adams St UD Construction Contract Page 1 of 4 2003-24 ---PAGE BREAK--- ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before seventy-five (75) calendar days from the date 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. ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of work in accordance with the Contract Documents in current funds the amount of One Hundred Sixty-Eight Thousand Two Hundred Fifty-One Dollars and Thirteen Cents 168,25 1. 13). 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) 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 plans and specifications established for this project. ARTICLE 7. HOLD HARMLESS /INDEMNIFICATON In addttion 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 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. 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 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 f Engineer and the City. Adams St UD Construction Contract Page 2 of 4 ---PAGE BREAK--- 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 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. 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 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 1 1. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions or 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 mailing addresses: Contractor: McCall's Classic Construction 945 Beachview Blvd. Clarkston, WA 99403 Adams St. LID Construction Contract City: City of Moscow P.O. Box 9203 Moscow, ID 83843 Page 3 of 4 ---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: Owner R ACKNOWLEDGMENT ss personally appeared Randy McCall in his official capacity as owner of McCall's Classic Construction, known to me to be the person described in the above document and acknowledged to me he executed the same. Adams St. UD Construction Contract Page 4of 4 ---PAGE BREAK--- TO Mayor and City Council City of Moscow, Idaho ao 8IDPROPOSAL Date: 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 ADAMS STREET L.LIJ.: DIY. I: VEATCH ST. ADAMS TO SJL8 Ŝ· LI.D. 132; DIY. I: ADAMS ST. VEi\ TCII TO SPOTSWOOD · LLD 132; DIY. II: i\Di\MS ST. SPOTSWOOD TO LEWIS LI.D. 1 31; DIV. IIJ ADAMS ST. - LEWIS TO EIGHTH LI.D. 130, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East Second Street, 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 tem1s and prices herein submitted. i\11 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. II is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation nnd elaboration of the contract drawings O/ 1X> L1..Z Ó LZDD $ Ɩ.oo $ }_19· 00 $ _ -ƙ!O.C>C> $ = ...ilr;;Q, 00 $ $ _LƗƘoo -ƕ o& L Ý2Þ/g . .w $ $ .J 34i 00 $ 11.7::- $ z ze.s.= • - ÕZd:?. oo $ 1 zs $ z z.:s: cL _ _&_ÛÜ oo. _L $ Ù-{_Ú LÖl×.Ø $ 300 $ $f.62Cl. 00 $ 8,z:s4.=· $ . .z":iz u,o . $ $ $ ex:>_ $ ß3z.= oO ---PAGE BREAK--- 7c 7d 7c ' 9a 9b !0 I I BID SCHEDULE DIVISION I Veatch Street- Adams to S.II. 8 Adams Street- Veatclt to Spotswood (Continued) 8 inch PVC Storm Sewer Pipe 41 L.F. 12 inch PVC Storm Sewer Pipe 14 LF 18 inch PVC Storm Sewer Pipe 40 LF. Construct Catch Basin 5 Ea. Adjust Manholes Ea. Adjust Gate Valves Ea. Traffic Control L.S. Mobilization L.S. Total Bid Amount 4 $ __2LƎ $ ƍL<= $ 2'1MJ $ 3 00 '":IJ . . ƌlo $ . # 'JZ C¢ $ ta&?. oq. $ Ƌ- Ƙ- d-tt/2_..06 Z<'.Ə тt !,.tri::U;o $ $ $ H42.C)O' ÒTL7!::!'z.?9 $ I I I I I I I I ---PAGE BREAK--- T-Spcc. Bid No. - Ia l b l c l d l e If l g 2a 2b 3a 3b 3c 4a 4b 4c 5a 5b Sc 7c 8 10 BII> SCHEDULE DIVISION II Adams Street- Spotswood to Lewis .Item Description · · ·-··----Q\Janlitz__ -uU nit _ _ _ uU'nit_Krice__ ;'\:mount Remove/Dispose Concrete Curb 570 L.F. Remove/Dispose Bituminous Surface 115 Remove/Dispose Cone. Sidewalk/Approach 115 Remove/Dispose of Tree Stumps Remove,1)ispose/Salvage Landscaping Remove/Dispose of Sewer Pipe 5 Remove/Dispose of Catch Basins Excavation 387 Topsoil Backfill 45 Crushed Base Rock (Roadway) 347 Crushed Base Rock (Approach) 25 Geo-textile Fabric 1316 Construct Concrete Curbs 6 98 Construct Concrete Sidewalk 46 Construct Concrete Approach 93. 9 Plant Mix Base Course 175 Plant Mix Surface Course 108 Approach Paving I Aprons 32.2 8 inch PVC Storm Sewer Pipe 6 Construct Catch Basin Traffic Control 5 S.Y. S.Y. L.S. L.S. L.F. Ea. C.Y. C.Y. Ton Ton SY L.F. S.Y. SY. Ton Ton SY. L.F. Ea. L.S. $ $J 110.Ƃ $ LP. ƀ $ Lr,£t()CC> $ ËÌ" $ 13..80<::0 c'L.LƊc;O jCO Ɨž $ sSCL>.cO _aor:; ś- -16. za:::lƃl>O ZI'XJ.I!XJ .L _ _ _B,Í Ï..22& ˆ $ zz. 00 $ $ _ $ i/271, $ $ $ $ cO !__Î00 _ _ cO $ J.__b7_q,IO !É Ê 3.,.J_'iz.Ðl.s0 _1;-uÉ.tlz. 1. 7--3so."" ! d..Le..'t'i IX> / Ɓ0 $ 2"'.6Q,&o ƈ-ZJAƉ $ . . . Ƅ-ƅ $ j...tJ;2.C>O lJ)tl). co ---PAGE BREAK--- I I Mobilization Total Bid Amount BID SCHEDULE DIVISION II Adams Street- Spotswood to Lewis (Continued) L.S. $ Z, ŻżŽ.a) 6 $ $ 89Z ?S I I I I I I I I ·I - ---PAGE BREAK--- T-Spec. Bid No. la lb lc lc 1 f lg 2a 2b 3a 3b 3c 4a 4b 4c 4d Sa 5b Sc 6 7c 7f BID SCHEDULE DIVISION Ill Adams Street- Lewis to Kighth Item Description Remove/Dispose Concrete Curb Remove/Dispose Bituminous Surface 167 Remove/Dispose Cone. Sidewalk/ Approach 45 Remove/Dispose/Salvage Landscaping Remove/Dispose of Sewer Pipe 18 Remove/Dispose of Catch Basins 3 Excavation 429 Topsoil Backfill 68 Crushed Base Rock (Roadway) 362 Crushed Base Rock (Approach) 29 Geo-textile Fabric !348 Construct Concrete Curbs 728 Construct Concrete Sidewalk 199 Construct Reinforced Concrete Sidewalk 8.9 Construct Concrete Approach 32.5 Plant Mix Base Course 179 Plant Mix Surface Course I I I Approach Paving I Aprons 47.2 Concrete Steps 8 inch PVC Storm Sewer Pipe 24 4 inch PVC Storm Sewer Pipe 10 7 S.Y. S.Y. L.S. LF. Ea. C C.Y Ton Ton S.Y. L.F. S Y. S.Y. S.Y. Ton Ton S.Y. L.S. L.F. L.F. $ . k $ U:r2z.,co 1 JL 06 $ Ç'io. :OJ --âtiii2.O .L L':l9.!.a, = L_Èi_L._15' $ :i_z-.:23. so .LÈ_Li_ oo_ $ d_Qlg_, co Ji 9. L-4.S..5:Z. oo L_ 23. $ ƕ .1i _ _ 3!:LCJ.0 Ŷoz. t.ae> L_ÔC>!iij' _ $ 1, to9.13 _ d_h_ $ _7rS!&co ź1]73 = · " $ $ _ doc; $ . 44080 $ . _zLC>O $ co ---PAGE BREAK--- 8 Construct Catch Basin 9a Adjust Manholes 9b Adjust Gate Valves 10 Traffic Control I I Mobilization Total Bid Amount a Signature o 1dder SEAL BID SCHEDULE DIVISION III Adams Street- Lewis to Eighth (Continued) 3 Ea. 3 Ea. 2 Ea. L. S. I I - ' - - - L.S $ z, w. 00 $ z, ZO::, • I $ State of Incorporation if Incorporated 8 $ de. /.dJ3. u.e. · I I I I I I I I I I ---PAGE BREAK--- THE A/\1ERICAN INSTITUTE OF ARCHITECTS Bond No. 104096556 AlA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): McCall's Classic Construction 945 Beachview Blvd. SURETY (Name and P rincipal Place of Business): Travelers Casualty and Surety Company of America Clarkston, WA 99403 OWNER (Name and Address): City of Moscow P.O. Box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: May 30, 2003 Amount: $168,251.13 707 W Main St., Ste 300 Spokane, WA 99201 Description (Name and location): Adam's Street L. I .D.'s Division I ,Division II ,Division III BOND Date (Not earlier than Construction Contract Date): May 30, 2003 Amount: $168,251.13 Modifications to this Bond: ID None OSee P age3 CONTRACTOR AS PRINCIPAl Coinoany :McCall 's Classic \ Construction SURETY Travelers Casualty and Surety Company ( Corporate Seal) Company: of America (Corporate Seal) r· - , ?7ft ff:\J'\0 A \ , , t a n ' 44 f"'i Signature: 10Æ0 . , ' · Vil.P Ɣ1' ·11? and Title:fmtes E. MajelkeW, Attorney-in-Fact Signature: Name and Name (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, E ngineer or Wolf-Majeskey-Rapp, Inc. other party): City Engineer, Paul Mann P.O. Box 2984 221 East Second St. Spokane, WA 99220 Moscow, ID 509/535-9178 AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DEC£M6ER 1984 • AIA ® THf AMERICAN INSTITUTE OF 1735 NEW YORK AVE N.W., WASHINGTON. O.C 20006 THIRD PRINTING • MARCH 1987 Contract 372 (12·87} .4.312·1934 1 ---PAGE BREAK--- 1 The Contrador and the 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 Jf the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shalf arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construeĵ tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason· able time to perform the Construction Contract, but such an agreement shalf not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the centrad. Such Contractor Default shalf not be de· dared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub· paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Prtce to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor· dance with the terms of the contract with the Owner. 4 \'\!hen the Owner has satisfied the conditions of Para· graph 3, the Surety shall and at the Surety's ex· pense take one of the foflowing actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc tion Contract itself, through its agents or thrOugh inde· pendent contractors; or 4.3 Obtain bids o r negotiated proposals from quafified contractors acceptable to the Owner for a contract for performance and completion of the Conq struction Contract, arrange for a contract to be pre· pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with 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 Paragraph 6 in exP cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 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 deter· mined, tender payment therefor t o the Ov·mer; or .2 Deny liability in \lvhofe or in par1 and notify the Owner citing reasons therefor. 5 If the SuretĶ'does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from !he Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Ovvner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered 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 Ovvner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to ad under Subparagraph 4.1. 4.2, or 43 above, 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. To the limit of the amount of this Bond, but sub jed to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure· ty is obligated without duplici:ltion for: 6.1 The responsibilities of the Contractor for correc· tion of defective work and completion of the Construc tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and req suiting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract. actual damP ages caused by delayed performance or non·perfor mance of the Contrador. 7 The Suretr shalf not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con struction Contract, and the Balance of the Contract Price shaH 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 or successors. 8 The Surety hereby waives notice of any change, includ· ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any coun 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 Contractor Default or v·oithin fv.:o years after the Contractor ceased working or within fv..'O years after the Surety refuses or fails to perform its obligations under this Bond, vvhicheve . r oc· curs first. If the provisions of this Paragraph are vo1d ?r prohibited by lav., the minimum period of limitation avail· AlA DOCUMENT A312 • Pf_RfOR."-1ANC£ BOND AND PAYMENT BONO • 1954 W. · AlAR THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N[W YORk AVL N.W WASHINGTON. D-C. 10006 THIRD PRINTING o MARCH 1987 A312·1984 :1 ---PAGE BREAK--- able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig nature page. 11 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 shaJI be deemed deleted herefrom and provisions con forming to such statutory or other legal requirement shall be deemed incorporated herein . The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contrad after all proper adjustments have been made, including aHowance to the Con- MODIFICATIONS TO THIS BONO ARE AS fOlLOWS: trador 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, re duced by afl valid and proper payments made to or on behalf of the Contractor under the Construction Con tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: F2.Hure of the Contrac;tor, which has neither been remedied nor waived, to per form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature: Name and Title: Signature:----------- Name and Tide: Address: Add.;ess: AlA DOCUM£NT A312 • PERfORMA"JCE BOND A"..D PAYMENT BOND· 1984 [0 ·AlAo TH£ AMERICAN INSTITUTE OF 1735 NfW YORK AVE., N.W WASHING10N. D.C. 20006 PRINTING., MARCH 1987 A312·1984 3 ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 104096556 AlA Document A312 Payment Bond Any singular reference to Contractor, Srety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): McCall's Classic Construction 945 Beachview Blvd. Clarkston, WA 99403 OWNER (Name and Address): City of Moscow P.O. Box 9203 Moscow, ID 83843 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America 707 W. Main Ste. 300 Spokane, WA 99201 CONSTRUCTION CONTRACT Date: May 30, 2003 Amount: $168,251.13 Ad ' Street L.I.D. 's Division I, Division II, Division III Description (Name and location): am s BOND Date (Not earlier than Construction Contract Date): Amount: $168,251.13 Modifications to this Bond: CONTRACTOR AS PRINCIPAl Company: McCall's Classic Construction (Corporate Seal) (Any additional signatures appear on page 6) May 30, 2003 lXl None 0 See Page 6 SURETY Travelers Casualty and Surety Company Company: of America (Corporate Seal) 5 i gnat u re : Name and Tille: James Attorney-in Fact !FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: (509) 535-9178 OWNER'S REPRESENTATIVE (Architect, Engineer or Wolf-Majeskey-Rapp, P.O. Box 2984 Spokane, WA 99220 Inc. other party): City Engineer, Paul Mann 221 East Second St. Moscow, ID AlA DOCUMENT A312 • PERfORMANCE BOND AND PAYMENT BOND· 1934 EO. • AlA A312·1984 4 TH£ AMERICAN INSTITUTE OF ARCHITECTS. 1735 NfW YORK AVL N.W WASHINGTON, DL 20006 THIRD PRINTING., MARCH 1987 Contract 373 {12·87) ---PAGE BREAK--- 1 The Contractor and the 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 perfor· mance of the Construction Contract. which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose daim, demand. lien or suit is for the payment for labor, materials or equipment fur nished for use in the performance of the Construction Contract, provided the Owner has notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor makes pay ment. directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not nave a direct contract with the Contractor: .1 Have furnished written notice to the Con tractor and sent a copy, or notice thereof. to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12)and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall and at the Surety's expense take the following actions: 6.1 Send an answer to the Clarmant, wrth a copy to the Owner, w1thin 45 days after receipt of the claim statmg the amounts that are und1sputed and the basi; for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the 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 the Surety under this Bond, subject to the Owner's prior ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelat ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim ant under this Bond, and shall have under this Bond no obiÞ gations to make payments to. give notices on behalf of, or othervvise have obligations to Claimants under this Bond. 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 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris diction in the location in which the work or part of the work is located or after the expiration of one year from the date on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 423, or on which the last labor or service was performed by anyone or the last mate rials or equipment were furnished by anyone under the Con struction Contract, whichever of (1)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. 12 N otice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety. the Owner or the Contractor, however accomplished. shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location wheße the construction was to be performed, any provision in th1s Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con forming to such statutory or other legal requirement sha.fl be deemed berein. The intent is that th1s AlA DOCUMENT A312 • PERFORMAaC£ BONO AND PAYMENT BONO • D fCEMBfR 1984 ED • A!A® THE AMfRICAr-.: !NST!TUTf Of ARCHITEfTS. 1735 r-.:EV. YORK AV[. WASK!NGTO...;. D C 2000<.> THIRD PR!r-.;TJNC • Mh..RCH 198i A312-1984 5 ---PAGE BREAK--- Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita tion 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 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 \-vhich a mechanic's lien may be asserted in the jurisdiction Vihere the labor, materials or equipment \vere furnished. 15.2 Construction Contract: The agreement betv.·een the Ovmer and the Contrador identified on the sio nature page, including all Contract Documents an b d changes thereto. 15.3 Owner Default: Failure of the O·wner, which has neither been remedied nor waived, to pay the ConP tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAl Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature:----------- Name and Title: Signature: Name and Title: Address: Address: AlA OOCUM[˄'l A312 • PfRfORMANC£ BO[D A'-'0 PAYMENT BONO· DECEMBER 1984 [0 • A!A THf AMERICA' /˃STlTUH Of ARCH!HClS. 1735 YQRt; A\'t \'I.'A5HI'\IG10, D.C. THIRD • MARCH 1987 A312-1984 6 ---PAGE BREAK--- ÄÅ Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ---PAGE BREAK--- TR(IVELERS CASuALTY AND SURETY COMP AN?" 'ARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under Ute laws of the State of Couneeticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: .Judith A llilpp, .James E. Majeskey, II, of Spokane, Washington, their true and lawful Attorney(s)-in-Faet, with fuH power and authority hereby conferred to sign, execute and aclmowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Faet, pursuant to the authority herein given, are hereby ratified and confinned. This appointment is made nuder and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: · VOTED: That the Cbainnan, the President, any Vice Cbainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate SecceUu:y or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, reeognizances, contracts of indemnity, aad other writings obligatory in the nature of a bond, reeognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President or any Vice President may delegate all oc any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the natare of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate SecceUu:y or any Assistant Secretary and duly attested and sealed with the Company's seal by a SecceUu:y or Assistant SecceUu:y, or duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribod in his or her certificate or their certificates of aothority or by one or more Company offieers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolation is now in fall force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, auy Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be aff!l(ed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligaiory in the nature thereof, aad any such power of atton>ey or certificate bearing such facsimile signature or fucsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature 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. (J 1...0 Standard) ---PAGE BREAK--- SE!J'1" BY· STONEBRAKER MCQUARY ; 1 509 759 531 1 ; JUN - 1 9 · 03 9 : 29 ; PAGE 1 / 1 ACORQ. CERTIFICATE OF LIABILITY INSURANCE 1 OAT£ 06/16/2003 P•oouCER (S09) 7S8-SS29 FAX (509) 75&-5311 Stonebraker McQuary Agency 616 5th St . PO B<>x 9 Cl arkston , WA 99403 msuREo McCal t ' s C1ass1c Construct,on:"""If.C. 94S Beachview Blvd. A Cl , WA 99403 I.IASILI'fY ANYAIJTO ALL OWN EO AUTO':' r- XHE.OULED AUTOS t! HliED ..\UTOS NON-OWNEJ)AU'IC$ LIA61LITY p OCCUR 0 C*!MS MAUt R DEDUC:TIBLE RETENfiON I WORKERS COMPENSA'l'!ON ANO EMPLOY!ORS' LIABH.!TY ANY PROPR:ii;TORIPAI.UNE:RIEXECUTiVE OFFE('CFIMC;Mt:IFR Fl(f":: lJĚO' . I 1 THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIE8 BELOW. INSURERS AFFORDING COVERAGE INsuRERA American States Insurance Co . C 0 ud74 10/01/2002 COMfiiNE"O E LiMfT fE• 4.«idlt'lt) 90Dil Y INJURY {Per Pef501'1) BODILY INJURY (Pt:!-<;!lct;odent) PROPERN Q4.MAGE (Pol' ˂<::Cod720-004 l A<:courrt·H): 940,929-00 - t:niticrl Bu.еincss (UHI): t\0 Iгд 1 5 SS3 Husint:;ss Enl ily Type: ц;ORPORATJON 4!1 00ˀ ll! 00 1 /001 THIS IS TO CERTIFY THAT: mcalls da:r :1nd lnn-too-j<>l>->njury ur N::cupatu11tnl dis¢>u;.:, tb.u. worker is .:llii·kd to bt..,jg.;fit':-< under thв l\hingtuu lnduкtriai Ad. Umkr our reciprocity a.gn,crriCI\l with !he !rari!y in lduhu. The c•w=ge..w.Ultctu<>in.in J[.;;ct.as lcmg aз thiи employх.-"!' continue< to be suhjcd lo !he Wati(lc:r the laws of ltbho. SinccrƐy. I . ʿ: ę, · Chu7k-Mo-..:dlar Policy Manaч?C1' PO Box 441 67 Olymp>'-1 W <1!1504-<11 r, 7 (360) ')02-56:16 Pр!;с I of I ---PAGE BREAK--- of ! Industrial Insurance Information for Employers CRUA1 - Employer Uability Certificate Back to prompt screen - _ , - - - ' , [)ŵrtnlent of Labor & Industries Emplät.iCII>iliã4tl'tificate Date: 6/16/2003 ' - - - ' - - - - - UBI Number 601 815 883 - - - Legal Business Name MCCALLS CLASSIC CONSTRUCTION INC - - - - - - - Firm Account Number 940 929-00 (Click to Review Rate Ęow• f) DBA Name - ƛŴriYf>ren\iU!ll Reports Received Through : Employer Industrial Insurance Status MCCALLS CLASSIC CONSTRUCTION Quarter 1 of Year 2003 ' ' ' ' _ , ' ' ' ' ' ' ' - ' - _ _ _ , - - - - - Team Number - - - - T7 - - - - - - - - The status of this firm's industrial insurance account with Labor and Industries is shown above. - - Please note, firms report and pay industrial insurance premiums on a calendar-quarter basis after the work has been performed. In addition, the law does not allow any release from liability for premiums found later to be due for prior or future periods. Workers' compensation accounts in the state fund have no policy period, cancellation date or limitations of coverage. See RCW 5U2.050, RCW 51. 12.070, and RCW 5 L l 6.190. RCW 51.12. 70 WORK DONE BY CONTRACT Please be aware that under state law you may be liable for the unpaid premiums of your contractor or subcontractor. Back to prompt screen 6/16103 8:17 PM ---PAGE BREAK--- ACORQM CERTIFICAT OF LIABILITY INSURA[ ;e I DATE (MM/DDIYYYY) 06/16/2003 PRODUCER (509) 7 58 -5529 FAX (509) 7 58- 5311 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Stonebraker McQuary Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 616 5th St . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 9 Clarkston , WA 99403 INSURERS AFFORDING COVERAGE NAIC # INSURED McCa 1 1 ' s Class1c Construction , Inc . INSURER A American States Insurance Co. 945 Beachview Blvd . INSURER 8: Clarkston , WA 99403 INSURER C INSURER 0 INSURER E THE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A A TYPE OF I LIABILITY x COMMERCiAL GENERAL LIABiLITY I CLAIMS MADE OCCUR - GEN'l AGGREGATE LIMIT APPLIES PER XI ·n PRO n POLICY JECT L.OC ..;oh L!AB!LlTY ANY AUTO - All OWNED AUTOS - SCHEDULED AUTOS i HIRED AUTOS NON"OWNED AUTOS - ANY AUTO >MROOO l!AB!UTY À OCCUR D CLAiMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSA T!ON AND EMPLOYERS" LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I ' ' I OTHER ME :itN N,;'f ' >JAdams I CERTIFICATE HOLDER City of Moscow P 0 Box 9203 MoscowO ID 83843-1703 POLICYx 1 Poucv I PQ,ICY I LIMI1 10/01/2002 10/01/2003 I ' 1 , 000, 00C ffiOO) I s 200 , 00C I ' lO, OOC . & . , , I s 1 , 000, 00C ' GENERAL . I s 2 , 000 , 00C I ' 2 , 000 , 00( ʾvu l 10/01/2002 10/01/2003 COMBINED SINGLE LIMIT s (Ea accident) l , OOO, OOC BODILY INJURY s (Per perscn} BODILY iNJURY (Per accident) s PROPERTY DAMAGE s (Per accident) AUTO ONLY - EA , I ' OTHER THAN EA ACO I ' AUTO ONLY AGG I • I s I s I ' i $ ' $ i i ' I I0Jƒ E L EACH I ' s E L • EA F'"P< cvo> ' E.L - POLICY UMIT $ f EXCLUSIONS ADDED BY ENDORSEMENT I SPiÁÂLi fiOųaT LIDS - City of Moscow as Insured i n regard to this project CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL D)!{MAlL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OOI»XJX*J6)j»J(Ji!Xjii!J01:XX AUTHORIZED REPRESENTAT!YE C\ •LV Lh \00- fl\ Cherie Ashby \ ' ' ACORD 25 2001/08 FAX: (208) 883-7033 0 P--QCORD CORElllRA TION 1988