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. . . CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 2nd day of August, 1994, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Poe Asphalt Paving, Inc., (hereinafter, "Contractor"): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: NOW THEREFORE, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the City and the Contractor concerning the work to be performed are this Contract, pages one through and the following: 1. Advertisement for Bids; 2. Project Specifications titled Division I: STREET PAVEMENT OVERLAYS AND CURB CONSTRUCTION Division II: PATHWAYS AND BASKETBALL COURTS CONSTRUCTION; 3. Bid/Proposal of the Contractor, dated July 29, 1994, to be physically attached to this Contract; 4 . The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 6. Change Orders which may be delivered or issued after the effective date of this Agreement; 7. Addenda issued prior to opening of bids, to be physically attached to this contract. 8. "ACCEPTED QUANTITIES SCHEDULE" physically attached to this Contract. CONSTRUCTION CONTRACT PAGE I 94-55 ---PAGE BREAK--- . . There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Specifications. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before thirty (30) calendar days from the issuance of the Notice to Proceed, unless 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. 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 One Hundred Fourteen Thousand Five Hundred Thirty-one DOLLARS and Eighty-one CENTS ($114, 531 . 81 ) . Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. CONSTRUCTION CONTRACT PAGE 2 ---PAGE BREAK--- . . . ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, its officers and employees, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of the Contractor or his subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLE 8. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and the City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no statements, promises, or inducements made CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- 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 of Moscow. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the City and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. ARTICLE 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. CONSTRUCTION CONTRACT PAGE4 ---PAGE BREAK--- . · . . ARTICLE 13. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: City: Poe Asphalt Paving, Inc. P.O . Box 784 Pullman, WA 99163 City of Moscow 122 E. 4th Street P . O. Box 9203 Moscow1 Idaho 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: Secretary CONSTRUCTION CONTRACT PAGES City: PC,_g( ATTEST: Form: City Attorney ---PAGE BREAK--- . · . . STATE OF County of d-ec. /)ut e. ACKNOWLEDGMENT )ss ) Nor y Pu l1c 1n nd for State of I D ACKNOWLEDGMENT On this day of tJfu.lJ1 JJ 1994, before me, a Notary Public of the State o Idaho1 personally appeared Paul C. Agidius in his official capacity as Mayor of the City of Moscow I known to me to be the person described in the above document and acknowledged to me he executed the same . ies My Commission expires d-Jq-9& ACKNOWLEDGMENT On this 15 day of sk' I 1994/ before me11A JB . . Notary Public of the State o Idaho/ personally appeared @ .?nćifĈl in her official capacity as Moscow City Clerk/ known to me to A . be the person described in the above document and acknowledged to me she executed the same. CONSTRUCTION CONTRACT PAGE6 My Commission expires c;:92t939K ---PAGE BREAK--- j . I D I I ) I I I I I I I I I I I I • I BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: 7/29/94 This proposal is submitted as an offer by the undersigned to enter into contrac t with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for DIVISION I: STREET PAVEMENT OVERLAYS AND CURB CONSTRUCTION and/or DIVISION II: PATHWAYS AND BASKETBALL COURTS CONSTRUCTION, specified herein and which construction documents are on file-with the City Engineer, City Hall Annex, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. 3 . 4 . 5. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 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. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 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 paymen t bonds, and insurance certificate as required by the specifications within the time limit therein after no tification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. Page 2 ---PAGE BREAK--- 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. 7. The undersigned- agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by _the City Engineeĉ. 8. The undersigned, as a bidder, acknowledges that Addenda Number .1 through 1 have been delivered to him and have been examined as part of the contract documents. 9 . The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph IB-13 of the Instruction to Bidders . 10. The undersigned holds Idaho State Contractor's License Number 5 130-AAA-2 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors a. Eisjnger Co nstruction b. c. Trade Speciality Concrete Div. I A-2 DIV. II I Amount $16,000.00 $ 9,531.81 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for DIVISION I: PAVEMENT OVERLAYS AND CURB CONSTRUCTION and/or DIVISION II: PATHWAYS AND BASKETBALL COURTS CONSTRUCTION, as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: Page 3 • . . . • ' • S • • R • • • • • • • • • ---PAGE BREAK--- • d • • • • • • • • • • • • Q • • BASE BID SCHEDULE DIVISION I ITEM QUANTITY UNIT TOTAL . NO. DESCRIPTION & UNITS PRICE PRICE 1 . Patching, Hand laid 250 sq. yds. $ 14.00 $ 3,500.00 2. Patching, Machine laid 500 sq. yds. $ 10.70 $ 5,350.00 3. Soft spot repair 50 sq. Yd:S. $ 12.00 $ 600.00 4. Raise manholes 17 each $175.00 $ 2 ;975.00 5 . Raise gate valve boxes/ monuments 17 each $110.00 $ 1,870.00 6. Plant mix pavement pre-level overlay 50 tons $ 29.00 $ 1,450.00 7. Plant mix pavement overlay 3, 250 tons $ 25.33 $82,322.50 8. Aggregate base, furnished and installed 25 tons $ 8.75 $ 218.75 TOTAL BASE BID . . . . . $ 98,286.25 ALTERNATE BID SCHEDULE - DIVISION I A-1. Remove and dispose concrete curb A-2. Coastruct concrete curb 500 Lin. ft. $ 1.00 2, 000 Lin. ft. $ 8.00 BASE BID SCHEDULE - DIVISION II A ITEM QUANTITY UNIT DESCRIPTION & UNIT PRICE 1. Ghormley Park asphalt basketball court, complete 112 sq. yds. $ 10.25 2. Construct asphalt pathways, complete 362 sq. yds. $ 11.00 TOTAL BASE BID . . . . . $ 5,130.00 Page -t $ 500.00 $ 16,000.00 TOTAL PRICE $ 1,148.00 $ 3,982.00 ---PAGE BREAK--- ALTERNATE BID SCHEDULE - DIVISION II A A-1 . Frontier Park asphalt basketball, court, complete 387 sq . yds . $ 12.00 BASE BID SCHEDULE - DIVISION II B ITEM NO. DESCRIPTION 1. Frontier Park portland cement concrete basket ball court, complete QUANTITY & UNIT 387 sq . yds . UNIT PRICE $ 24.63 $ 4, 644.00 TOTAL PRICE $ 9,53 1.81 TOTAL BASE BID . . . . . =53=l='=i=8=1 No . SEAL (If Incorporated) POE ASPHALT PAVING, INC. Fil7 Name of Bidder Official Title P.O. Box 784 - Pullman, Wa. 99163 Mailing Address 5130-AAA-2 Public Works License Washington State of Incorporation if Incorporated Dated at , . . , · - This z > day of / - 1994 l . Page 5 . II • IJ • • IJ ' • • • • • It • • • • ---PAGE BREAK--- . · . . m SAFECO BID BOND SAFECO NSURANCE CClviPANY OF AMERICA GENERAL NSURANCE CClviPANY OF AMERICA FIRST NATIQ\JAL NSURANCE CClviPANY OF AMERICA HClviE OFFICE: SAFECO PLAZA SEATTLE. 98185 KNOW ALL BY THESE PRESENTS. That we. POE ASPHALT PAV ING, INC . of CLARKSTON, HASH I NGTON (hereinafter ctlled. the Principal). as Principal. and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter ctlled the Surety). as Surety. are held and firmly bound unto CITY OF MOSCOW, P 0 BOX 9203, MOSCOW, ID 8384 3 (he rei na fter ca lied the 0 bligee) in the penal sum of • I _ ƦƧ99:ƨƩƪƫ;9Ƭƭ99ƮƯ9999<=> Dollaư 5% OF B ID AMOUNT ) 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 D IVISION 1 STREET PAVEMENT OVERLAYS AND CURB CONSTRUCTlON AND/OR D IVISION2 STREET PAVEMENT OVERLAYS AND PATHWAYS AND BASKETBALL COURT CONSTRUCTION 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 Iema.in In full force and effect. Signed and sea led this 2 túh.;;_ da.y o U _ L Y Ø· 19 94 Witness { S-S3tEP R8 1117 (Seal) Pr!ncipal Title SAFECO INSURANCE COMPANY OF AMERICA By o o OP DELLA J. ALLE Attomey-in-Ftct ---PAGE BREAK--- m ® POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SAFECO SEATTLE. WASHINGTON QS 185 N 323 0. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint •••PHI L STONEBRAKER; JAMES M. HEWITT; DON McQUARY; CHERYL A. ASHBY; DELLA J. ALLEN, Cl a rks ton, Wa s h i ngto its true and lawful attorne'y\s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other doclJ'T'lents of a similar character issued in the course of its business, and to bind the respective company 1hereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this day of _...;MƤaƥy . 19 94 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article v. Section 13. - FIDELITY AND SURETY BQ\IDS . • . 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 doclJ'T'lents of similar character issued by the company in the course of its business • . • On any making or evidencing such appointment, the signatures may be affixed by facsimile. On any 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 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-of-attorney 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 full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this ( 'D day of u 19 '1'-l . S-Q141EP 1/Q3 ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- 07/26/94 13:03 00SCOW POLICE DEPT. July 26, 1 994 ADDENDUM NO. ONE Plans, Specifications, and Proposal for: DIVISION 1: STREET PAVEMENT OVERLAYS AND CURB CONSTRUCTION DIVISION II: PATHWAYS AND BASKETBALL COURTS CONSTRUCTION Project No. 110-94 001 Concrete curb (Alternate Bid Schedule-Division I) shall be City of Moscow standard 16-inch double batter vertical curb, constructed as per the City's standard plans and specifications. Backfill behind the curb shall be the s responsibility, per City standard. Existing curb shall be neatly where new curb is to begin. Payment shall be the unit price, per lineal in the Contractor's Proposal. Receipt of ADDENDUM NO. ONE must be acknowledged. This form must be signed and attached to the proposal to acknowledge receipt of Addenda. Date ---PAGE BREAK--- ACCEPTED QUANTITES SCHEDULE CITY OF MOSCOW/POE ASPHALT PAVING, INC. CONSTRUCTION CONTRACT AUGUST 2, 1994 QIIIQ I 68E 61Q IIEMS ITEM QUANTITY UNIT NO. DESCRIPTION & UNITS PRICE 1. Patching, Hand laid 500 sq. yds. $14.00 2. Patching, Machine laid 250 sq. yds. $10.70 3. Soft spot repair 50 sq. yds. $12.00 4. Raise manholes 22 each $175.00 5. Raise gate valve boxes/ monuments 20 each $110.00 6. Plant mix pavement pre-level overlay 50 tons $29.00 7. Plant mix pavement overlay 2296.85 tons $25.33 8. Aggregate base, furnished and installed 25 tons $8.75 SUBTOTAL $76.173.00 QIVISIQN I 8LIERN8TE 61Q ITEMS ITEM QUANTITY UNIT NO. DESCRIPTION & UNITS PRICE A-1. Remove and dispose concrete curb 3,203 Lin. ft. $1.00 A-2. Construct concrete curb 3,203 Lin. ft. $8.00 TOTAL PRICE $7,000.00 $2,675.00 $600.00 $3,850.00 $2,200.00 $1,450.00 $58,179.25 $218.75 TOTAL PRICE $3,203.00 $25,624.00 SUBTOTAL. $28,827 00 (cont.) Page 1 ---PAGE BREAK--- ACCEPTED QUANTITIES SCHEDULE (cont.) OIVISION II B BID ITEMS ITEM QUANTITY NO. DESCRIPTION & UNIT 1. Frontier Park portland cement concrete basket- ball court, complete 387 sq. yds. UNIT PRICE $24.63 TOTAL PRICE $9,531.81 SUBTOTAL. . . . $9.531 .81 TOTAL CONTRACT PRICE . . . $114.531 .81 NOTE: The quantities set forth in this schedule have precedence over the quantities in the BID PROPOSAL. Contractor: City: Presidnt Secreta Page 2 Me ifyciN / ---PAGE BREAK--- SAFECO SAFECO NSURANCE Cav1PANY OF AMERICA GENERAL NSURANCE Cav1PANY OF AMERICA FIRST NATIONAL NSURANCE CavlPANY OF AMERICA Hav1E OFFICE: SAFECO PLAZA SEATTLE. 98185 Bond No. 5735560 PERFORMANCE BOND Conforms with The American Institute of Architects A.I.A. Document No. A-311 KNOW ALL BY THESE PRESENTS. That we. li( Hrr:e=r=- e 'i:=nse th;: eĜ na=-= m nd.--:a7 dd r= ess alĝ ti-; tl-:- e - n-:t-ra-c7 to-rr-) Poe Asphalt Paving, Inc. , 302 15th Street, Clarkston, 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, P. 0. 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 One Hundred Fourteen Thousand, Five Hundred Thirty One & Ei qhty One Cents Dollars (S 114,531.81 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 August 2nd . 19 94 entered into a. Contract with Owner for Division I: Street Pavement Overlays and Curb Construction Division II: Pathways and Basketball Courts Construction 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. 5735560 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 ter ms 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 total amount payable by Owner to Contractor under the Contract and any amendments thereto. less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which 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 day of u..._gu • 19 94 (Witness) S-1219/EP 3/90 Page 2 of 2 Poe Asphalt Pav1 ¢LH- Inc. (Seal) Principal Title SAFECO INSURANCE COMPANY OF AMERICA By 0 ě Dell a J. All en Attorney-in-Fact ---PAGE BREAK--- POWER. OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON G818!'> No. 3q2Ơ3ơ KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF A.MERICA, each a Washington corporation. does each hereby appoint •••PHIL STONEBRAKER; JAMES M. HEWITT; DON McQUARY; CHERYL A. ASHBY; DELLA J. ALLEN, Clarks ton, Washi ngto its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other 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 _ day of y _ • 19 7 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article v. Section 13. - FIDELITY AND SURETY BeNDS • • • the President. aTliJ 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 of similar character issued by the company in the course of its business . . • On any making or evidencing such appointment. the signatures may be affixed by facsimile. On any 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 or undertaking.• Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 19 70. "On any certificate executed by the Secretary or an assistant secretary of the CompaTYIJ setting out. The provisions of Article v. Section 13 of the By-Laws. and (ii) A copy of the power-of -attorney appointment. executed pursuant thereto, and (iii) Certifying that said power-of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the 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 full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this S-G74/EP 11G3 6 day of _ 198 ® Regislereel trademark of SAFECO Corporation. ---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 SEATTLE. WASHINGTON 98 185 Bond No. 5 _ 7 3 _ 5 _ 5_ 6 _ 0 _ Conforms with The American Institute of Architects A.I.A. Document No. A -l 1 1 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., 302 15th Street, Clarkston, WA 99403 (Here insert the name and address or legal title of Contractor) as Principal. hereinafter called Principal. and SAFECO INSURANCE COMPANY OF AMERICA. a Washington Corporation of Seattle. Washington. as Surety. hereinafter called Surety. are held and firmly bound unto Cit of Moscow, P. 0. Box 9203, Moscow, ID 83843 Here insert the name &nd address or legal title of Owner as Obligee. hereinafter called Owner. for the use and benefit of Claimants ts hereinbelow defined. in the amount of One Hundred Fourteen Thousand, Five Hundred Thirty One &81/' Dollars (S 114,531. 81 (Here insert a sum equal to at least one-half of the contract price) 100 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 hts by written agreement dated August 2nd • 19 94 entered into a contract with Owner for Division I: Street Pavement Overlays and Curb Construction Division I I : Pathways and Basketball Courts Construction in accordance with Drawings and Specifications prepared by (Here insert full name &nd address or legal title of Architect) which contract is by reference made a part hereof. and is hereinafter referred tots the Contract. NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. That if the Principal shall make payment to all Claimants as hereinafter defined. for all labor and material used or reasonably required for use in the performance of the Contract. then this obligation shall be void: otherwise it shalt remain in full force and effect. subject. however. to the following conditions: LA 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. _ 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 a.s 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. Unless Claimant. other than one having a. direct Contract with the Principal. shan have given notice to any two of the following: The Principal. the Owner. or the Surety above named. within ninety (90) days a.fter 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 a. mount 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 shan be reduced by and to the extent of any payment or payments made in good faith hereunder. inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement. whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 9th day of August • 19 94 Poe Asphalt Paving, Inc. (Seal) Principal Title SAFECO INSURANCE COMPANY OF AMERICA (Witness) { By . / De 11: a J. A 11 en Attorney-in-Fact S-1220/EP 3/90 Page 2 of 2 ---PAGE BREAK--- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON G8185 No. 3q KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF ASERICA, each a Washington corporation. does each hereby appoint •••PHIL STONEBRAKER; JAMES M. HEWITT; DON McQUARY; CHERYL A. ASHBY; DELLA J. ALLEN, Clarkston, Washi n gto its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other docc..ments of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this d(Jif of • 19 94 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BQ\JDS • . • 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 docc..ments of similar character issued by the company in the course of its business . . . On any making or evidencing such appointment. the signatures m(/1/ be affixed by facsimile. On any conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof. m(/1/ 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 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 setting out. The provisions of Article V. Section 13 of the By-Laws. and (ii) A copy of the power-of -attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of -attorney appointment is in full force and effect, the signature of the certifying officer m(/1/ be by facsimile. and the seal of the Company m(Jif be a facsimile thereof." I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this S-1174/EP 1/G3 n d(Jif of 19 ® Registered trademark of SAFECO Corporation. ---PAGE BREAK--- 08/09/94 PRODUCER INSURED Stonebraker McQuary Agency P 0 Box 448 P 0 Box 9 Lewiston ID Clarkston WA 83501 99403 Poe Asphalt Paving, Inc. 302 15th Clarkston, WA 99403 COMPANY A LEITER COMPANY B LEITER COMPANY C LETTER COMPANY D LEITER COMPANY E LEITER COMPANIES AFFORDING COVERAGE Safeco Insurance Company 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. OWNER'S & CONTRACTOR'S PROT. CP8632278 BA8632278 POLICY EFFECTIVE DATE (MM/DD/YY) 06/01/94 06/01/94 06/01/95 06/01/95 LIMITS GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGGR. s · - - · · · · · ' : PERSONAL & ADV. INJURY $ : .kc.c_u_R_R_ElmE.. $ ' fl RE DAMAGE (Any one fire) $ . . . . . . : MEO. EXPENSE (Any one person) 2,0QO,OOO . 9999.0.0. . 1,000,QQO 1 .QQQ,.QQ_O _ _ . : EACH OCCURENCE . . 4,QOO,OOO ' UMBRELLA FORM UL8632278 06/01/94 06/01/95 : AGGREGATE .4 9.0.9 _0.00. : OTHER THAN UMBRELLA FORM . . . . . . . . . WORKER'S COMPENSATION AND WC8632278 02/01/94 02/01/95 EMPLOYERS' LIABILITY 5 DESCRIPTION OF OPERATIONS/lOCATIONSNEHICLES/SPECIAL ITEMS AS RESPECTS PROOF OF INSURANCE FOR THE DIVISION I STREET PAVEMENT OVERLAYS AND CURB CONSTRUCTION AND DIVISION II PATHWAYS AND BASKETBALL COURTS CONSTRUCTION /ciTY OF MOSCOW P 0 BOX 9203 MOSCOW, ID 83843 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURETO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CULQ_a___ . . . . . . . . . . . . . . • . .