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' : ' I' CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 2nd day of June, 1992, by and between Poe Asphalt Paving, Inc. hereinafter called the 'Contractor' and the City of Moscow, a Municipal Corporation of Idaho, hereinafter called the 'City'. WITNESSETH THAT: WHEREAS, pursuant to the invitation of the City, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 27th day of May, 1992, file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has heretofore determined that said offer was the lowest and best submitted: NOW THEREFORE, the Parties hereby agree as follows: I. Complete with Specifications That the Contractor shall comply in every way with the provisions and requirements of those certain specifications entitled: DIVISION I - STREET PATCH, CHIP SEAL & OVERLAY II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement by incorporation as though fully set forth herein: 1. The 'Advertisement of Bids' - being the invitation to submit a proposal; 2. The specifications named above by title; 3. The detailed plans listed and described in bid specifications, together with those which may be issued as supplements thereof; and, 4. The proposal of the Contractor, which was submitted on May 27, 1992, the original or conformed copy of which is hereto attached and marked 'Exhibit Contractor's lrnt1als ---PAGE BREAK--- . lll. Consideration ) That in consideration of faithful compliance with the terms and conditions of this agreement (including the specifications) the City shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of two hundred three thousand, one hundred twenty-six dollars ($203,126.00) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided. IV. Completion That the time of completion is as stated in General Specification Item GS-12 TIME OF COMPLETION. V. 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: Poe Asphalt Paving, Inc. P.O. Box 784 Pullman, W A 99163 City: City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, ID 83843 VI. Full Agreement This contract and the incorporated documents shall constitute the full agreement between the parties; any amendments thereto shall be made in writing. IN WITNESS WHEREOF, said Contractor and City have caused this agreement to be executed on the day and year · t above written. - and #t;L' ;Uoe_ Sec etary ---PAGE BREAK--- City of Moscow, Idaho: Ba ATTEST: On this d , 1994-before me a Notary Public, personally appeare and known to me to e e person s w ose )ÒIs_,/.-a-re_ s_u..,.b-s-crÓib.--e-dr-t.,.. h-e--.f.-or- e_g _oÔi n-g instr ument and acknowledged to me that he/she/they executed the foregoing agreement. ---PAGE BREAK--- STATE OF County of / Õ On this Öday of 6 , 1971× before me a Notary Public in and for said State, appeared Pauf(C:glius and-:Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. State of ---PAGE BREAK--- I I I It EXHIBIT A BID PROPOSAL TO: Mayor and city Council City of Moscow, Idaho Date: 5/27/92 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 DIVISION I - STREET PATCH, CHIP SEAL, AND OVERLAY; DIVISION II - MERCER ADDITION L. I. D. NO. 114, specified herein and which construction documents are on file with the City Engineer, City Hall, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached 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 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. 2 ---PAGE BREAK--- 1 I I I I I I I 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. 9. 10. The undersigned, as a bidder, Number through him and have been examined as documents. acknowledges that Addenda have been delivered to part of the contract The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph GS-12(A) of the Specifications. The undersigned holds Idaho State Contractor's License Number 5130-AAA-2 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty Amount a. Ace Elliott Landscaping Landscaping $2,287.00 b. Curtis Concrete Construction Curb & Sidewalk $7,590.00 c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for DIVISION I - STREET PATCH, CHIP SEAL, AND OVERLAY; DIVISION II MERCER ADDITION L.I. D. NO. 114 as described in the specifications, including all appurtenant work, all as required by the specifications and this propoasl for the process in accordance with the completed schedule of contract prices as follows¬ 3 ---PAGE BREAK--- ITEM NO. 1. 2 . 3. 4. 5. 6. 7. 8. ITEM NO. 1. 2. 3 . 4. BID SCHEDULE: DIVISION I - STREET PATCH, CHIP ITEM QUANTITY DESCRIPTION & UNIT Patching, hand laid 2,349 sq. Patching, machine laid 3,267 sq. Soft spot repair 100 sq. Raise manholes 22 Raise gate valve boxes 22 Chip sealing 34,960 sq. Plant mix pavement pre-level overlay 150 Plant mix pavement overlay 1,593 TOTAL BID DIVISION I . . . . . . . . $ BID SCHEDULE: DIVISION II - MERCER ADDITION ITEM QUANTITY DESCRIPTION & UNIT Excavation, at Eight Dollars & .no[lOO Per Cubic Yard 415 c. y. 3/4" crushed rock base, at Nine Dollars & .50[100 Per ton 150 ton Tr. Exc. & Bkfl. Cl. B at Sixteen Dollars and.25/100 139 1. f. Tr. Exc. & Bklf. Cl. D at Eighteen Dollars and .50/100 Per linear foot 383 l. f. 4 SEAL, AND OVERLAY UNIT PRICE yrds $ 22.00 yrds $ 12.00 yrds $ 12.00 each $ 250.00 each $ 150.00 yrds $ 1.00 tons $ 45.00 tons $ 38.00 203,126.00 L. I. D. NO. $ $ $ $ UNIT PRICE 8.00 9.50 16.25 18.50 . . 114 $ $ $ $ TOTAL PRICE $ 51,678.00 $ 39,204.00 $ 1,200.00 $ 5,500.00 $ 3,300.00 $ 34,960.00 $ 6,750.00 $ 60,534.00 TOTAL PRICE 3,320.00 ] . 425.00 2,258.75 7,085.50 ---PAGE BREAK--- 5. Tr. Exc. & Bklf. Cl. E at Twenty-One Dollars and .no/100 Per Linear foot 134 l.f. $ 21.00 $ 2,814.00 6. 1211 torm Sewer Pipe at Nine Dollars and .25/100 Per linear foot 194 1. f. $ 9.25 $ 1,794.50 7 . 6" PVC Storm Pipe Five Dollars and .807!00 328 1. f. $ 5.80 $ 1,902.40 8. 4" Underdrain at Three Dollars and .50LlOO 3.50 469.00 Linear foot 134 1. f. $ $ 9. Pl. Mix Pav't (base) at Five Dollars & .40[100 Per sq. yard 2532 s. y. $ 5.40 $ 13,672.80 10 Pl. Mix Pav't (surf) atThree Dollars & .957100 Per sq. yard 2532 s. y. $ 3.95 $ 10,001.40 11. Misc. Pavement at Twelve Dollars & .no/100 12.00 1,164.00 Per sq. yard 97 s. y. $ $ 12. Const. Catch Basin at SY:D Hundred £jftE Dollas &.o/100 Eac 4 ea. $ 750.00 $ 3,000.00 13. Adjust Gate Valves at One Hundred Fifty Dollars &.no/100 Each 4 ea. $ 150.00 $ 600.0 14. Adjust Manholes at Two Hundred Fifty Dollars & .no/100 250.00 Each 3 ea. $ $ 750.00 5 r · .:'"l"lll'lt .,or ' ---PAGE BREAK--- 15. 16 17. TS-1. TS-2 Const. Cone. curb at Ten Dollars and .no/100 Per lineal foot Const. Cone. s. w. ) at Twenty Five Dollars & .no/100 Per sq. yard Remove cone. Curb at Five Dollars & .no/100 Per lineal foot Process Base Course Seventy-Five Cents Per sq. yard Replace Landscaping 304 1. f. $ 10.00 $ 3,040.00 182 s.y. $ 25.00 $ 4,550.00 61 1. f. $ 5.00 $ 305.00 2532 s. y. $ $ 1,899.00 Two Thousand, Two Hundred Eighty-Seven Dollars &.no/100 Lump sum 1 1. s. $ 2, 287.00 $ 2,287.00 II. . . . $ 62,338.35 Poe Asphalt Paving, Inc. Firm Name of Bidder ctw• sure of Bidder Branch Manager Official Title P.O. Box 784 Pullman, Washington 99163 Mailing Address 5130-AAA-2 Public Works License No. SEAL (If Incorporated) Washington Dated at Pullman State of Incorporation, if incorporated. This 27th day of 1992. 6 ---PAGE BREAK--- m SAFECO BID BOND SAFECO 1\JSURANCE Cav!PANY OF AMERICA GENERAL 1\JSURANCE Cav!PANY OF AMERICA FIRST NATIONAL 1\JSURANCE Cav!PANY OF AMERICA Hav!E OFFICE: SAFECO PLAZA SEATTLE, WASHI\JGTON 98185 KNOW ALL BY THESE PRESENTS. That we. POE ASPHALT PAVING, INC. of CLARKSTON HASH INGTON (hereinafter called the Principal). as Principal. and SAFE CO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety). as Surety. are held and firmly bound unto CITY OF MOSCOW (hereinafter called the Obligee) in the penal sum of 5% OF BID AMOUNT Dollars (S 5 % 0 F B I D A MOU NT ) 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 OBLIGATION IS SUCH. That WHEREAS. the Principal has submitted or is about to submit a proposal to the Obligee on a contract for PATCH,CHIP SEAL AND PAVING 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 2³N=-D day of Witness (Seal) Principal P;t: Title SAFECO INSURANCE COMPANY OF AMERICA S-53/EP R8 11175 Stonebraker McQuary Agency Group PO. Box448 Lewiston,ID 83601 ---PAGE BREAK--- POWER )F ATIORNEY SAFECO INSURANCE COMPANY OF AMERICA cNERAL INSURANCE COMPANY OF AMERICA ·ME OFFICE SAFECO PLAZA SAFE CO SEATTLE. WASHINGTON 98185 No. KNOW ALL BY THESE PRESENTS: Thai SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA.each a corporation. does each hereby appoint -----PHIL STONEBRAKER; JAMES M. HEWITT; DON MCQUARY; RENE' J. BARTON, L ewiston, Idaho-- ns true and lawful attorney(s)-ln-fact. with full author1ty to execute on 1ts behalf f1del1ty and surety bonds or undertakings and other documents of a s1m1lar character 1ssued m the course of its busmess. and to bmd 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 thls day of S_etp-'t _ em b_er ,19 9 _1 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Art1cle V. Sect1on 13. - FIDELITY AND SURETY BONDS the President, any V1ce Pres1dent. the Secretary, and any Ass1stant V1ce President appointed for that purpose by the off1cer m charge of surety operations. shall each have authonty to appomt ind1v1duals as attorneys-m-fact or under other appropnate titles w1th authority to execute on behalf of the company f1dellty and surety bonds and other documents of Similar character issued by the company 1n the course of its bus mess . On any 1nstrument makmg or ev1dencing such appomtment. the s1gnatures may be aff1xed by facs1mile. On any mstrument conferrmg such authonty or on any bond or undertakmg of the company, the seal. or a facs1m1le thereof. may be 1mpressed or affixed or 1n any other manner reproduced; provided, however, that the seal shall not be necessary to the vaild1ty of any such instrument or undertakmg." Extract from a Resolution of the Board of D1rectors 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 ass1stant secretary of the Company settmg out. The provisions of Art1cle V, Sect1on 13 of the By-Laws. and (ii) A copy of the power-of-attorney appomtment, executed pursuant thereto. and (ui) Certifying that said power-of-attorney appomtment is 1n full force and effect. the s1gnature of the certifymg officer may-be by facsimile. and the seal of the Company may be a facs1mile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do hereby cert1fy 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 sull in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of sa1d corporatton of S974R103 86 PRINTED IN U SA ---PAGE BREAK--- m SAFECO SAFECO NSURANCE CO'v1PANY OF AMERICA GENERAL NSURANCE CO'v1PANY OF AMERICA FIRST NATIONAL NSURANCE CO'v1PANY OF AMERICA HO'v1E OFFICE: SAFECO PLAZA SEATTLE. 98185 Bond No. 562 524 5 PERFORMANCE BOND Conforms with The American Institute of Architects A .I.A. Document No. A-31 1 KNOW ALL BY THESE PRESENTS. That we. P OE ASPHAL T PAVING, I N C. (Here insert the name and address or legal title of Contractor) 302 1 5 TH STREET, CLARK STON WA 99403 as Principal. hereinafter called Contractor. 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 MOSCOW, 122 E . 4TH STREET, P. O. BOX 9203, MOSCOW ID 83843 (Here insert the name and address or legal title of Owner) as Obligee. hereinafter called Owner. in the amount of THO HUNDRED THREE THOUSAND, ONE HUNDRED TWENTY SIX AND N0/100 Dollars (S 203,126. --º»¼½ 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 JUNE 2 NO • 19 92 entered into a Contract with Owner for _ o _ r _ v _ I S _ I _ O _ N _I _ ST _ R _ E _ E _ T _ P _ A _ T _ C _ H _ c _ H _ I P_ S _ E _ AL _ A _ N _ D _ O _ V _ E _ RL _ A _ Y _ 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 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. S-1219/EP 3/90 Page 1 of 2 PRINTED IN U.S.A. ---PAGE BREAK--- Bond No. 562 524 5 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 submission to Owner 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 Owner and the Surety jointly of the lowest responsible bidder. arrange for a. contract between such bidder and Owner. and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) 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 totaltmount 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 final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs. executors. administrators or successors of Owner. Signed and sealed this 9 _T_H day of J_ U _ NE 9 92 • b v- :t (Seal) ,ffu Li-«L { POE ASPHALT PAVING, INC. Principal (Witness) · 1 f !;1141 dt_tt: (Witness) S-1219/EP 3/90 Page 2 of 2 Title SAFECO INSURANCE COMPANY OF AMERICA Attorney-in-Fact Stonebraker McQuary Agency Group PO. Box448 Lewiston. ID 83501 ---PAGE BREAK--- m 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 98185 Bond No. 5624 245 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 PAVING, INC. (Here insert the name and address or legal title of Contractor) 203 15TH STREET, CLARKSTON WA 99403 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 MOSCOW, 12 2 E. 4TH STREET, P . O.BOX 9 203, MOSCOW ID 83843 (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 TWO HU NDRED THREE THOUSAND, ONE HU NDRED TWENTY SIX AND N0/100 Dollars (S 203,126. . (Here insert a sum equal to at least one-half of the contract price) 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 ND 19 9 2 entered into a contract with Owner for DIVISION I- STREET PATCH, CHIP SEAL AND OVERLAY 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 aU labor and material used or reasonably required for use in the performance of the Contract. then this obligation shall be void: otherwise it shall remain in full force and effect. subject. however. to the following conditions: t.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. heat. oil. gasoline. telephone service or rental of equipment directly applicable to the Contract. S-1220/EP 3/90 Page 1 of 2 PRINTED IN U.S.A. ---PAGE BREAK--- Bond No. 5625245 ' I 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 seated this _ _ day of J _U_;N _E • 19 92 . S-1220/EP 3/90 SAFECO INSURANCE COMPANY OF AMERICA (Witness) { By R Attorney-in-Fact Page 2 of 2 Stonebraker McQuary Agency Group PO. Box448 Lewiston, ID 83501 ---PAGE BREAK--- ® POWER F ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA \IERAL INSURANCE COMPANY OF AMERICA Y1E OFFICE SAFECO PLAZA ·SAFECO SEA TILE. WASHINGTON 98185 No . KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA.each a corporation. does each hereby appoint -----PHIL STONEBRAKER; JAMES M. HEWITT; DON MCQUARY; RENE' J. BARTON, Lewiston, Idaho-- tiS true and lawful attorney(s)-in-fact, wtth full authonty to execute on Its behalf f1delity and surety bonds or undertakings and other documents of a Similar character 1ssued 1n the course of 1ts busmess. and to bmd 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 thls day of S_esp_t_e _ m _ b _ er , 19 9 _ 1 . CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Art1cle V, Sect1on 13. - FID ELITY AND SUR ETY BONDS the Pres1dent. any V1ce Pres1dent. the Secretary, and any Assistant Vice Pres1dent appomted for that purpose by the officer m charge of surety operations. shall each have authortty to appoint md1viduals as attorneys-In-fact or under other appropriate titles w1th authonty to execute on behalf or the company f1delity and surety bonds and other documents of similar character 1ssued by the company 1n the course of its busmess On any instrument making or evidenc1ng such appomtment, the signatures may be aff1xed by facs1mile On any 1nstrument confemng such authonty or on any bond or undertakmg of the company. the seal. or a facs1m1le thereof. may be 1mpressed or aff1xed or m any other manner reproduced; prov1ded, however, that the seal shall not be necessary to the valtd1ty of any such instrument or undertaking." Extract from a Resolut1on of the Board of Dtrectors 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 Company settmg out. The provisions of Article V. Sect1on 13 of the By-Laws. and (1i) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appomtment IS 1n full force and effect, the Signature of the certifying off1cer may·be by facs1mile, and the seal of the Company may be a facs1mtle thereof " I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do hereby certify that the foregomg 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 aff1xed the facsimile seal of sa1d corporat1on thiS S 974AI03 86 g4h day of PRINTED IN US A ---PAGE BREAK--- CERTIFICATE JF INSURANCE l 6/ 9/ 9 2 ISSUE DATE (MM/DD/YY) PRODUCER INSURED STONEBRAKER MCQUARY AGENCY GROUP P.O. BOX 448 LEWISTON ID 83501 POE ASPHALT PAVING, INC. P . O BOX 44 9 LEWISTON ID 83501 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE NY A FEDERATED INSURANCE COMPANY B LETTER INDUSTRIAL INDEt1NITY COMPANY 0 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA DATE (MM/DD/YY) DATE (MM/00/YY) GENERAL LIABILITY GENERAL AGGREGATE s1,000,000 A X COMMERCIAL GENERAL LIABILITY 617148 6/1/ 92 6/1/ 93 PRODUCTS-COMP/OP AGG. st,OOO,OOO CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ 500,000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE s A X ANY AUTO 617148 6/1/ 9 2 6/1/93 LIMIT 500,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE s EXCESS LIABILITY EACH OCCURRENCE s4,000,000 A X UMBRELLA FOAM 61 2367 6/1/ 9 2 6/1/ 93 AGGREGATE s4 ,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS B RJ 91 27004 2/1/ 9 2 2/1/ 93 EACH ACCIDENT $ 500,000 AND DISEASE-POLICY LIMIT s 500,000 EMPLOYERS' LIABILITY DISEASE-EACH EMPLOYEE s 500,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: DIVISION I- STREET PATCH, CHIP SEAL, AND OVERLAY CERTIFICATE HOLDER CITY OF MOSCO\´ 1 2 2 E. 4Tµ STREET P . O. BOX 9 203 MOSCOW ID 83843 ACORD 25-S (7/90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _lQ_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR I LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. '711. I 7- /)AD CORPORATION 1990