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CONSTRUCTION CONTRACT SOUTH MAIN WATER SYSTEM IMPROVEMENTS THIS CONTRACT, dated this 5th day of March, 2002 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Willms Corporation, (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: Plans, Specifications and Proposal for South Main Water System Improvements; 3. Bid/Proposal of the Contractor, dated February 13, 2002, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addenda (No.s 1 & 2) issued prior to opening of bids; 7. Change Orders whioh may be delivered or issued after the effective date of this Contract. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: South Main Water System Improvements. ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before May 1, 2002, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 - CONSTRUCTION CONTRACT ---PAGE BREAK--- 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 eighty-eight thousand nine hundred dollars ($88,900.00) 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 herato 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. 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 I INDEMNIFICA TON In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's compensation Act or any other law, ordinance, order or decree. ARTICLE 8. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct, or indirect, in the project which would conflict in any manner or degree with the performance of tts 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 I 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 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. PAGE 2- CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this Contract for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions 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 !his Contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Willms Corporation 1320 N. Atlantic, Floor Spokane, WA 99201-2304 City: City of Moscow P.O. Box 9203 Moscow, ID 83843 PAGE 3 - CONSTRUCTION CONTRACT ---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. ACKNOWLEDGMENT State of IA2a0bm4)tg-(! County of 5Jpo Ka ) ) ss ) On this /5 day of _ 2002, before me, a Notary Public of the State of personally appeared _ M and MarK D. v.2, itms in their official capacity as President and Secretary of Willms Corporation, known to me to be the persons described in the above document and acknowledged to me they executed the same. KATHLEEN C NOTARY PUBLIC STATE OF WASHINGTON EXPIRES JANUARY 30 2003 (seal) ' Notary Public residing at: OtiS Orchard$ U) A . My commission expires: 1 P«J 3 Date PAGE 4 -CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and Ci!¥ Council Cey of Moscow, Idaho BID PROPOSAL Date: 02/13/2002 This proposal is submitted as an offer by the UDdersigned to enter into contract with the Cil¥ of Moscow, Idaho as rep res: nted by the Cey Council, bcrcinaftcr n:fcned to as the 'CITY' tbr SOUIH MAIN WATER SYSTEM IMPROVEMENTS, specified herein and wbich coostuction cJocummts are on file with the Ci!¥ &gineer, Mann Building, Moscow, Idaho, and which are a condition hereof with the same tbrce and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the filets, intention and 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 Ulldersigned and their terms and conditions are hereby agreed to. 2. The undersigued certifies that M/sbe bas received or made bimselflherself aware of any and all existing site conditions that may affect the proposed worlc. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in c:xpJanarion and elaboration of the contract drawings and it is agreed that such supplemental drawing9, when not in conflict with those referred to in paragraph 1 above, will have the same tbrce and as if attached hereto and that wben received they will be considered a part of the 4. The undersigned will furnish separate perfonnanc and payment hoods in the full amount of the contract price. 5. The cash, certified check, bid bond, or easbicr's check accompanying this proposal shall be forfeited to the Cey of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall filii 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 acA:Cpted, all in accordance with the provisioos of this proposal and the specifications. 6. The undersigued further agrees that the CITY shall haw the right to accept or reject any bid item deemed to be in the best interest of the Ci!¥. 7. The undersigued agrees to order all necessary equipment and materials within a period of three days after Notice to Prooed bas been issued by the Cey Engineer. 8. The undersigned, as a bidder, adalowledges that Addenda Number 1 through have been delivon:d to him and havo been examined as part of the contract cJocummts. 9. The undersigned agrees to c:omplet.e all worlc embraced in the contract within the time limitations set forth in paragmph IB-13 ofthe Instruction to Bidders. 10. The undersigued holds Idaho State Contractor's License Number 12635-A A-1-3 . 1 ---PAGE BREAK--- II. The undersigned proposes to use the following sub-cootractors in the perfonnance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and IB- 16: Idaho Public Subcontractors Trade S,pecialty Works Lif&ll§!' No. a. Eclipse Traffic Control Traffic Control 14006 B-4(42, 47) $Amount $7,500.00 b c. _ 12. The undersigned proposes to fiunish labor, materials, equipment and services of all kinds required for SOUni MAIN WATER SYSTEM IMPROVEMENTS 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 contract prices as follows: BID SCHEDULE To construct the SOUni MAIN WATER SYSTEM IMPROVEMENTS, complete, as specified, the bidder submits a lump sum price of Ejhty ejght thousand njne hundred dollars and zero cents (price in words) $ 88,900.00 WILLMS CORPORATION Name of Bidder 2 (dollars and cents). 1320 N. ATLANTIC STREET SPOKANE, WA. 99201-2304 Mailing Addres 12635-AA-1-3 Public Works License No. Washington State of Incorporation if Incorporated ---PAGE BREAK--- I I I I I I I I I I I I I I I I I I I January 22, 2002 ADDENDUM NO. ONE City of Moscow Project: SOUTH MAIN WATER SYSTEM IMPROVEMENTS Project No: 105-01 The following changes, additions, clarifications, and/or deletions are hereby made a part of Moscow's SOUTH MAIN WATER SYSTEM IMPROVEMENTS project, as fully and completely as if the same were entirely set forth in the Plans, Specification, and Contract Documents. This addendum as set forth herein shall become an integral part of any contract entered into by and between the Owner and the Contractor. 1. Technical Specifications, Page 28, Section B-1, second sentence change to read as follows: The Contractor shall fum ish all materials for the construction of this project except as follows: all water service plumbing materials will be furnished by the City of Moscow Water Department (bedding, backfill, cold mix by Contractor) -the Contractor is responsible for coordinating such furnishings with the Water Department. 2. Technical Specifications, Page 28, Section B-2, first (1st) sentence change to read as follows: Gate valves shall be WATEROUS SERIES 500 WEDGE VALVE, AWWA approved. 3. Add ROMAC Grip Rings to the following locations: a. Sta. 1300+95 : 1 -1 o· grip ring (on the cap) b. Sta. 1302+44: 1 grip ring (on the cap) c. Sta. 1304+85: 1 grip ring (on the cap) d. Sta. 1305+ 76: 2-6" grip rings (on the 2 caps) e. Sta. 1308+28: 3-6" grip rings (2 on the wye, 1 on the cap) f. Sta. 1309+31: 2-6" grip rings (on the L.LS.) g. Sta. 1310+27: 1-8" grip ring (on the cap) h. Sta. 1311+18: 1 -10" grip ring (on the cap) All to be furnished and installed by the Contractor-as per the manufacturer's instructions. 4. Technical Specifications, Page 29, Section D-1, change this sentence to read as follows: Traffic control for all work is the full responsibility of the Contractor and shall adhere strictly to the requirements of General Condition GC-28, the MUTCD, and as directed by the Engineer. (The requirement to comply with lTD's r.o.w. permit is stricken). S. Main Water Add. No. One Page 1 of 3 ---PAGE BREAK--- I I I I I I I I I I I I I I I I I I 5. Technical Specifications, Page 31, Section E-11, change the last sentence of the last paragraph to read as follows: Thrust blocking concrete shall cure a minimum of one day prior to backfilling, where possible; if the excavation is located such that it cannot be reasonably left open to allow the one day cure time then temporary precast concrete/masonry thrust blocking may be utilized in addition to the penmanent cast-in-place concrete to allow immediate backfill. 6. General statement regarding depth of bury of fire hydrants: All new fire hydrants shall be furnished for 5' bury depth. Extensions for new or 'relocated' existing fire hydrants, if required, shall be furnished by the City and installed by the Contractor. If a shallower depth of bury is required the City will pay for the costs of the exchange. The Contractor is responsible for installing the new hydrant at the height specified and shown in the City standard drawing. 7. Scope of Work Description, Page 33, Work Item Sta. 1299+74 : Add the following to the scope of work: - 10 x 6 reducer - remove exist. fire hydrant/gate valve; furnish and install cap on the end of the existing 6" main where the F.H. is removed. This cap to be installed w/ a ROMAC grip ring. 8. Plan Sheet 2 of 9: a. Sta. 1299+84: The 6" lateral to the fire hydrant that is to be removed is shown incorrectly. It is plumbed off of the existing 12" main on the west side of the highway, not off of the 6" on the east side. b. Sta. 1300+12: The location of the new fire hydrant is shown incorrectly; it shall be installed approximately 8 feet west of where it is shown on the plan ( 4 feet west of the exist. stonm sew.). No concrete encasement required. 9. Scope of Work Description, Page 35, Work Item# 19, Sta. 1305+76 & Page 36, Work Item# 27, Sta. 1308+28: An acceptable alternative to pressure testing and disinfecting temporary cap and thrust block) prior to connecting to the existing main is to furnish and install an additional gate valve which would then be left in place. This choice is the Contractor/Bidder. 10. Scope of Work Description, Page 36, Work Item# 30, Sta. 1310+34: Delete the 6" fig x mj adapter stated therein. S. Main Water Add. No. One Page 2 of 3 ---PAGE BREAK--- 11. General statement regarding presence of existing watennain concrete encasement: The presence of existing concrete encasement at any of the work locations is either unknown or unanticipated; if concrate encasement is encountered the work to necessary remove the concrete will be considered 'extra' and negotiated in accordance with General Condition GC..11 Extra Work, Page 16 of the project's specification document. The Contractor shall notify the Engineer as soon as any buried concrete is encountered. Receipt of ADDENDUM NO. ONE must be acknowledged. This document must be signed and attached to the bid to acknowledge its receipt: President Title 02/13/2002 Date S. Main Water Add. No. One Pege 3 of3 ---PAGE BREAK--- February 6, 2002 ADDENDUM NO. TWO City of Moscow Project: SOUTH MAIN WATER SYSTEM IMPROVEMENTS Project No: 105-01 The following challQE!S, additions, clarlfk;atlons, and/or deletions are hereby a part of Moscow's SOUTH MAIN WATER SYSTEM IMPROVEMENTS project, 85 fully 8lld completely 85 If the same ı entirely set forth in the Plans, Speciflcalon, 8lld Contract Docwnents. This llddendum 85 set forth herein shall become an lntegrei part of any contrect entered Into by 8lld between the Owner 8lld the Contractor. 1. Scope of Wort Description. Pege 35, Work Item #25, Stillion 1308+07: Change this scope of wortt to read 85 follows: Remove 8lld salvege to the City the 6" gate valve on the existing 12 x 6 Nve lllp (at the exist. 12" mein) for this fire hydrant laterel; cap the exist. 6" Nve 111p brandt (no thrust block req'd). No wortt Is required at the fire and It's 1atere1 to valve. This wotk occurs on the exist. 12" mein due west 11pprox. 18 ft. of the exist. fire shown at Stll. 1308+07. An approximate 8 foot long X 6 foot Wide X 6 foot deep excavetton backfill) Is required. 2. Pl8n Sheet No.7 of9, Sta. 1308+20: The location of the new fire shall be 7 feet due north of where It Is presently shown on the pllm. The depth of bury for this hyctant and this hydrant only Bh8ll be 7 feet. 3. Trench b8<:kfill requirements for the three highway crossings are changed to the following: Above the pipe zone (12" over the pipe) 8lld to within of the street sheU be Sl8nd8nf controlled density fill (COF, sta.nd8n:l1-sack cona'81e) 8lld SUiface with of cold mix asphalt. This applies only to that portion of the trench within the existing highway pavement tnlveled way outside the fog Unes) at wortt Item stations 1299+7-4, 1305+76, 8lld 1310+27. Receipt of ADDENDUM NO. TWO must be acknowledged. This document must be Signed and attached to the bid to IICIlater Systems Improvements Moscow ID in accordance with Dr;;nvings and Specifications prepared by entered into a contract (Here insert full name, address and description of project) (Here insert full name and address or legal tit!e of Architect) which contract is by reference made a part hereof and is hereinafter referred to as the Contract. 8{1219/SAEF 5i98 Page 1 of 2 ®Registered trademark of SAFE CO Corporation. ---PAGE BREAK--- PERFORMANCE BOND 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 oftime made by the Ow11er. Whenever Contractor shall be, and declared by Owner to be m default under the Contract, the 0w'ner having performed Owner1s obligations thereunder, the Surety may remedy the default, or shall 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and tire 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 Signed and scaled this (Witness) { 8I1219/SAEF 5/98 Page 2 of 2 contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price: bm 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, u as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of i\vo 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 the Owner_ LooL President (Title) SAFECO INSURANCE COMPANY OF AMERICA (Seal) Attorney-in-Fact (Surety) / (Titk) ---PAGE BREAK--- FlJ SAFE Co· POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ******JEFF EU CKER; P AMA LA MASON; Spokane, \Vashington*** * * * its true and lawful attorney{sHn-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents 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 13 day of R.A. PIERSON, SECRETARY W. RANDALL STOODARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - F!DEUTY AND SURETY BONDS the President, any 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 company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may 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 instrument 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 Company setting out, The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power..af-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power..af¥attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company 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 fun force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this S-0974/SAEF 7198 day of 11/1 4-:1 R.A. PIERSON, SECRETARY ®Registered trademark of SAFECO Corporation Oi/1312000 PDF ---PAGE BREAK--- ® AlA Document A312 SAFECO' Payment Bond #6052760 Conforms with the American Institute of Architects, AlA Document A312. Anv singular reference to Contractor, Suretv, 0\-vner or other partv shall be considered plural where applicable. CONTRACTOR (Name and Address): Willms Corporation 1320 N Atlantic Spokane WA 99201 OWNER (Name and Address): City of Moscow PO Box 9203 Moscow ID 83843 CONSTRUCTION CONTRACT Date: March 5th, 2002 Amount: $88, 900. 00 Description (Name and Location): SURETY (Name and Principal Place of Business): SAFECO INSURANCE COMPANY OF AMERICA South Main Water System Improvements Moscow ID BOND Date( Not earlier than Construction Contract Date): March 7th, 2002 Amount: $88, 900. 00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Pre (Any additional signatures appear on page (FOR INFOĂI\1A TION O:N'L Y -Name, Address and Telephone) AGENT or BROKER: 1 The Contractor und the Surety, jointly and severally_, bind themselves, their heirs, executors, administrators, successors and assigns to the 0\\-1ltr to pay for labor, materials and equipment fumished for usc in the pcrfonnancc of the Construt.:tion Contrad, which is incorporated herein by rcfaence_ 2 With respect to the Owner, this obligation shall be null cmd void if the Contractor: 2.1 makes directly or indirectly, tOr all sums due Claimants, and 2.2 Def'ends> indenmifies and holds the Ov.ner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is iOr the payment tOr labor, materials or equipment fumishcd fOr use in the pt..rfOnntruction C(}ntract, 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, à:md provided there is no Owner Default. SURETY 5026 (6-92) S-1853iSAEF 2!98 Page 1 of 2 None 0 See Page 2 SURETY Company: SAFECO INSURANCE (Corporate Seal) COMPANY QF.,A.MERICA Signature >?@}1AB Name and Tl'e? Jeff Eucker, Attorney-in-Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor makes payment, directly or indirectly, i()r all sums due. 4 Tb_c Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants \Vho are employed by or have a direct contract with the Contractor have given notice to the Surety (at tho: address described in Paragraph 12) and sent a copy, or notice to the Ov.-ner, stating that a claim is being made under this BonJ and, with substantial accuracy, the amount ofth: claim. 4.2 Claimants who do not have a direct contract \Vith the Contractor: .1 Have iltmished written notice to the Contractor and SCIJt n copy, or notice thereof, to the 0\V11Cr, within 90 days after havi11g last performed labor or last fumished materials or equipment included in the claim sUiting, with substru1tial accuracy, the amount of the claim and the mune of party to \\hom the materials were f'umished or supplied or for whom the labor was done or pcrfonncd; <.Uld ®Registered trademark of SAFE CO Corporation. ---PAGE BREAK--- .2 Have either received a rejection in le or in part from the Contractor, or not received within days of ilirnishing the above notice anv communication from the Contractor bv which the Contractor has indimted the claim will be paid di;ectly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surdy (at the address described in Paragraph 12) and sent a copy, or notice thereo( 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 Owner to the Contractor or to the Surety, that is su1licicnt compliance. 6 When the Claimrmt satisfied the conditions of Paragraph 4, the S1.1rety shall and at the Surety's expense take the fOllowing actions: 6.1 Send an answer to the Claimant, \\ith a copy to the Chmer, within 45 days after receipt of the claim, stating the amounts that are and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for pay1nent of any undisputed arnounttt 7 The Surety's total obligation shall not exceed the amount of thls Bond, and the amount of this Bond shall be credited tOr atl)' payments made in good faith by the Surety. 8 ./\mounts owed by the Owner to the Contractor under the Construction Contr-act shall be w;;ed for the perfonnance of the Construction Contract and to satisfy claims, if any, under any Construction Perfonnance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisiĴ' obligations of the Contractor anJ the Surety this Bond, subject to the Ow11er's priority to usc the funds for the completion of the work. 9 The Surety shall not be liable to the 0\\1ler, Claimants or others fOr obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of <:my Claimant under this Bond, and shall have 1mder this bond no obligations to make payment.-; to, give notice.·;; on behalf o( or otherwise have obligations to under this Bond. 1 0 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 bv a Claimant under this Bond other than in a court of competent jurisdiclion in the location in which MODIFICATIONS TO THIS BOND ARE AS FOLLOWS : the work or part of )rk is located or atler the expiration of one year iiom the date on which the Claimant gave the notice required by Subparagraph 4. I or Clause 4.23, or on which the last labor or serviec was pcrfOnned by anyone or the last materials or equipment were furnished by anyone under the Construdion Contract, whid1ever of or tirst occurs. If the provisions of this Paragraph hall be construed as a statutory bond and not as a cormnon law bond. 14 Upon request by jmy person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall fum ish a copy of this Bond or shall pennit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entitv having a direct t.:ontract with the Contractor or with a subcontraķtor ofĶthe Contractor to fumish labor, materials or equipment for use in the pcrtOnnance of the Contract 'I1uĭ intent of this Bond sht:dl be to inclutle without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for perfOrmance of the work of the Contractor and the Contractor1s :,'ltbcontractors, and all other items 1(>r which a mechanic's lien may be asserted in the jurisdiition where the labor, materials or equipment were fumishcd. 15.2 Construction Contract The agreement bdween the 0\\'IKr m:1d the Contractor identified on the signature page, induding all Contract Documents jmd changes thereto. 15.3 Ovv:ner Failure of the 0-..vner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform artd 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 SURETY C ompany : (Corporate Seal) C ompany : Signature: Nam eandýT=iþ tl_e_: _ Signature: Nam e and Ti tl e: Address: Add r ess: S} 1853/SAEF 2!98 Page 2 of 2 (Corporate Seal) ---PAGE BREAK--- Fij SAFE Co- POWER OF ATIORNEY KNOW ALL BY THESE PRESENTS' SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 11350 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint EUCKER; PAMALA MASON; Spokane. its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents 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 _,lc::3 _ day of January R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2000 "Article V, Section 13. - FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shaH 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 documents of similar character issued by the company in the course of its business On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the valldity of any such instrument 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 Company 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-oftattomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company 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 ByuLaws, the Resolution and the Power of Attorney are still in full force and effect. JN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile sea! of said corporation this 7 S-0974/SAEF 7i98 day of R.A. PIERSON, SECRETARY ® Registered trademark of SAFECO CorpOfalion 01i13!2000 PDF ---PAGE BREAK--- ACORD CERTIFICAl_ OF LIABILITY INSURA.,.CE DATE (MMIDDIYY) 03/07/2002 ) PRODUCER G. V. I. INSURANCE ' 1320 N Atlantic Spokane, WA 1-[PHONE REDACTED] Ste A 99201 CNSiJREo-· -ǽvii 1 ffns··corpOrat tOii _ 1320 N Atlantic Spokane, WA 99201 1 (509) 922-7336 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 ALTER THE COVERAGE AFFORDED BY THE POLICiES BELOW. INSURERS AFFORDING COVERAGE , Am8i· fCan·-·srat-es ·---tns-urailCe 0¬UR¨B: - - - - _ ) INSURER 0: i INSURER E: -1 I 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. TYPE;;t;;º POLICYN;;¸-¹- LIMITS i GENERAL UABILITY ! f---dzǴǵ ¢-£MMERCIAL GENEr-¤_!:;IAB!LITY 'I 1 J ClAJMS MADE L_X:i OCCUR A, X j Stop Gap ' !¥¦-§'LAGGRE¨TE LIMIT APPU¦S PER:) I ]PoucYr ljDzJ>T liLac: i AUTOMOBILE LIABILITY ANY AUTO I 01 CE 418618 40 _ j All OWNED AUTOS !x j SCHEDULED AUTOS A L_j HIRED AUTOS ] 01 CE 418618 40 1 X NON-OWNED AUTOS r- I, GARAGE LIABILITY : I ANY AUTO ll f-«¬ESS LIABILITY ǰ-DZ_j OCCUR I- A i ; DEDUCTIBLE j""Xl RETENTION ClAIMS MADE '10,000 1: WORKERS COMPENSATION AND EMPLOYERS' LIABILITY l OTHER Rented ! Equipment su 244997 40 CE 418618 40 08/12/01 08/12/02 ! o81121o1 I o8/12;o2 o81121o1 I o8/12;o2 I o8/12/o1 I [08/12/02 !EACH OCCURRENCE is 1,000,000 i lr;;E ǾGǬ {Any - -1 ME[) _ EXP Ǯǯy ǭ__9 L9 _ _9 _ _9 _ ī i PERSONAL&ADVINJURY 1 S 1, 0001 000 ; _J _ -2 · o 6 o-o D I COMBINED SINGLE LIMIT (Ea accident) : BODILY INJURY \ (Per person) 2345R;- ! (Per accident) !;,ROPERTY DAMAGE (Per accident) 1, 000,000 I ' ' _ ONLY-EA ACC!DEªTJ $ I OTHER THAN Ǹǹ-Ǻc;_j_!_ _ _ _ ! I i AUTO ONLY: AGG' $ i LCH OCCURRENCE I $ . ? , q g_Q _ ! q_g q_ l -1'"2'·'00000,000 $ I WC STATU- i .6TH·) r-iiPRYJ.,LMIT§j _L f;B_T 1$ 1 E.L DISEASE-POLICY LIMIT i $ 1$ 250,00 DESCRIPTION OF OPERATIONS/LOCATJONSNEHICLES/EXCLUS!ONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS The City of Moscow, Idaho is Additional Insured with respect to work performed on their behalf by Named Insured under contract of South Main Water System Improvements. CERTIFICATE HOLDER I A : ADDITIONAL INSURED; INSURER LETTER: City of Moscow PO Box 9203 Moscow ID 83843 ACORD 25-$ (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION: DATE THEREOF, THE ISSUING INSURER WILL µTO MA} _lQ DAY: WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,¶ ·L 2678IH