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CONSTRUCTION CONTRACT THIS CONTRACT, dated this 23rd day of February, 2000 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Kenaston 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: MOSCOW SKATE PARK PROJECT 3. Bid/Proposal of the Contractor, dated February 9, 2000, 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 Contract; 7. Addenda issued prior to opening of bids. There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete within 45 calendar days from the date of the NOTICE TO PROCEED, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE4. 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-nine thousand seven hundred twenty-two dollars ($89,722.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE&. 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. ARTICLE G. 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. ARTICLE7. HOLD HARMLESS /INDEMNIFICATON 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. ARTICLES. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct, or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer I Engineer and the City. ARTICLE9. 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 1 2. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract. The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract null and void. 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: Kenaston Corporation 2517 Main Street P.O. Box 245 Lewiston, 10 83501 Secretary Shannon H. Hewett City: ARTICLE 14. EXECUTION City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, 10 83843 PAGE 3- CONSTRUCTION CONTRACT ---PAGE BREAK--- ACKNOWLEDGMENT State of ) County of ss On this 3 x day of H()Jc-h . 2000, before me, a Notary Public of the State of Jt H 1LAI and non fL in their official capacity as wivDident and secretary of Kenaston Corporation, known to me to be the persons described in the above document and acknowledged to me they executed the same. ? ; Notary Public residing at:{g , . -Jo rm.s n My commission expires: fo.s: Date I I Post-ie Fax Note 7671 To Phone# PAGE 4 - CONSTRUCTION CONTRACT ---PAGE BREAK--- 'IQ: Mayor and City Council City of Idaho r:ate: February 9, 2000, '!his proposal is sul:nri.tted as an offer cy the undersigned to enter into contract with the City of Idaho as represented cy the City Council, hereinafter referred to as the 'CITY' for MJS::CW SKATE PARK specified herein and 1.\hich construction docurrents are on file with the City Eilgineer, City Hall Annex, Idaho, and 1.\hich are a condition hereof with the sane fo=e and effect as though theyā attached hereto. 'Ihe offer is conditioned on the foll=ing declarations as to the facts, intention and understanding of the undersigned and the agree:rent of the CITY to the terrrs and prices herein suJ:nri. tted. 1. All project specifications and drawings examined cy the undersigned and their terrrs and conditions are hereQy agreed to. 2. 'Ihe undersigned certifies that be has received or nade himself aware of any and all existing site conditions that nay affect the prq;xosed w::>rk. 3. It is understood that the contract drawings nay be SUfPlarented cy adlitional drawings and specifications in explanation and elal:x>ration of the contract drawings and it is agreed that such SUfPlarental drawings, when not in conflict with those referred to in paragraph 1 al:x>ve, will have the sane force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. 'Ihe undersigned will furnish sepsrate perfonrance and payrrent J:xmds in the full arrount of the contract price. 5. 'Ihe cash, certified check, bid l:ond, or cashier's check this prq;xosal shall be forfeited to the City of Idaho to the extent of 5% of the arrount bid if the undersigned shall fail or refuse to execute the contract, furnish perfomance and payrrent bonds, and insurance certificate as re:;pired cy the specifications within the tirre Limit therein after notification that the said proposal is accepted, all in a=rdance with the provisions of this proposal and the specifications. 6. 'Ihe 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. 'Ihe undersigned agrees to order all necessary equiprent and naterials within a period of three days after Notice to Proceed has been issued cy the City Eilgineer. 8. 'Ihe undersigned, as a bid:ler, acknowledges that 1\d::lenda Nt.nrber I" I I" through VIe have been delivered to him and have been examined as I part of the contract docurrents. 1 ---PAGE BREAK--- 9. The undersigned agrees to carplete all work Embraced in the contract within the t:ima limitations set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Nurrber 11465-AAA-1-3 11. The undersigned prq;JOses to use the follcw.ing sub--contractors in the perfomance of rreeting the contract requirarents. Infonration herein rrust with Idaho Code Section 67-2310 and IB-16: Sul::xon tractors ' c.l'll Trade Specialty Idaho Public Works License No. $ Am::lunt 12. The undersigned prq;JOses to furnish laror, naterials, equip:rent and services of all kinds required for M:)gXJN SKATE PARK l?RC\JEl::1' as described in the specifications, including all aj;p<.!rtenant work, all as required by the specifications and this prqJOsal f= the prices in accordance with the schedule contract prices as folleuuy !970 . day oL Feb. AD X!fJ 2000 - . (SEAl) HDELITY AND DEPOSIT COMPANY OF MARYLAND ISL,\1 J Tuic Attorney-in-Fact ---PAGE BREAK--- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of py-Law o 'd Company, which are set forth on the reverse side hereof and are hereby certified to be in fu!r yd effec e date hereof, does hereby nominate, q:p^] [a:Z:Y:A:'c$rto Jn; s nA ttoX@:-:ml;::t.Wk VUT!!:t:S sR::lQ deliver, for, and on its behalf as surety, and as its act jd: any a onds and undertakings and the execution of such bonds or undertakings in pursuance of these pr i , sha l b 'nding upon said Company, as fully and amply, to all intents and purposes, as if they had been dul " uted owl edged by the regularly elected officers of the Company at its office in Baltimore, Md., in thei roper _PBC . This power of attorney revokes that issued on behalf of P. P. Jr., Robert J. Jones, James A. , Richar? 'Merritt and Linda Peterson, dated January 14, 1998. The said Assistant Secretary does hereoiify thahPact set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws lidtompangis now in force. IN WJTNESS WHEREOF, the sa· e-Presidef Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the sa FIDEL{;;AND DEPOSIT COMPANY OF MARYLAND, this 8th day of February, A.D. 1999. ATTEST: FIDELITY ANOOSIT COMPANY OF MARYLAND tf.N:!J/k By: e - L T. E. Smith State of Matyland } ss. County of Baltimore Assistant Secretary W. B. Walbrecher Vice-President On this 8th day of February, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Ll428-l80-4119 ---PAGE BREAK--- Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Performance Bond IIPRFS423342 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Kenaston Corporation 2517 Main St. Lewiston ID 83501 SURETY Fidelity and Deposit Company of Maryland P.O. Box 1227 OWNER (Name and Address): City of Moscow, ID P.O. Box 9203 Moscow ID 83843 CONSTRUCTION CONTRACT Date: Feb. 23, 2000 Baltimore, Maryland 21203 Amount: Eighty-Nine Thousand Seven Hundred Twenty-Two Dollars and 00/100--- ($89, 722.00** Description (Name and Location): Moscow Skate Park Project BOND Date (Not earlier than Construction Contract Date): March 1, 2000 Amount: Eighty-Nine Thousand Seven Hundred Twenty-Two Dollars and 00/100-- ($89, 722.00**) Modifications to this Bond: £1 None C See Page 3 CONTRACTOR AS PRINCIPAL (Any additional signatures appear on page 3) SURETY Company: Fidelity and Deposit Company of / n (FOR INFORMATION ONLY-Name, Address and Telephone) Attorny-in-Fact AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Jones & Mitchell other party): 123 E. 2nd Ave. Spokane WA 99202 COSFORMS TO )\IERIC.'-"'i INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. C3!0 ---PAGE BREAK--- I The Contractor and the Surety, jointly and severally. bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Sub paragraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.I The Owner has notified the Contractor and the Surety at its address described in Paragraph lO below that the Owner is considering declaring a Contractor Default and has re quested and attempted to arrange a conference with the Con tractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree. the Contractor shall he allowed a reasonable time to perfonn the Construction Contract, but such an agree ment shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; :md 3.2 The Owner has declared a Contractor Default and for mally tenninated the Contractor's right to complete the con tract. Such Contractor Default shall not he declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub-paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Con tract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the 'Tier. 4 When the Owner has satisfied the conditions of Paragraph 3. the Snrety shall and at the Snrety•s expense take one of the following actions: 4.I Arrange for the Contractor, with consent of the Owner. to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified con tractors acceptable to the Owner for a contract for perfor mance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected \\=d effec e date hereof, does hereby nominate, constitute and appoint P. P. JR., Robert J. JON<;mes A. N, Richard A. MERRITT and Sally J. Hobbs, all of Spokane, Washington, EACH its true eThl agi! n ttomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act dd: any a onds and undertakings and the execution of such bonds or undertakings in pursuance of these p , sha l b ·nding upon said Company, as fully and amply, to all intents and purposes, as if they had been dul " uted owledged by the regularly elected officers of the Company at its office in Baltimore, Md., in th_:c: roperb . This power of attorney revokes that issued on behalf of P. P. Jr., Robert J. Jones, James A.9· Richara""'erritt and Linda Peterson, dated January 14, 1998. The said Assistant Secretary does here8`ify thi t _7ct set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws iid'eompan is now in force. IN WITNESS WHEREOF, the sa· e-Presid^ Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the s . FIDEL6ND DEPOSIT COMPANY OF MARYLAND, this 8th day of February, A.D. 1999. N-v ATTEST: FIDELITY A,OSIT COMPANY OF MARYLAND :!!Jk By: fUt:.G T. E. Smith State ofMa!yland } ss. County of Baltimore Assistant Secretary W. B. Walbrecher Vice-President On this 8th day of February, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, carne W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affiXed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year above written. Ll428-180-4119 Carol J. Fa r Notary Public My Commissi ' Expires: August I, 2000 ---PAGE BREAK--- Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE. MD. 21203 Payment Bond IIPRFB423342 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Kenaston Corporation 2517 Main St. Lewiston ID 83501 OWNER (Name and Address): City of Moscow ID P.O. Box 9203 Moscow ID 83843 CONSTRUCTION CONTRACT Date: Feb. 23, 2000 SURETY Fidelity and Deposit Company of Maryland P.O. Box 1227 Baltimore, Maryland 21203 Amount: Eighty-Nine Thousand Seven Hundred Twenty-Two Dollars and 00/100---($89, 722.00**) Description (Name and Location): Moscow Skate Park Project BOND Date (Not earlier than Construction Contract Date): March 1, 2000 Amount: Eighty-Nine Thousand Seven Hundred Twenty-Two Dollars and 00/100-- ($89, 722. 00**) Modificdtions to this Bond: ia<:None 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: rporate Seal Signatur . President Name and Title: Richard A. Merritt Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Jones & Mitchell other party): 123 E. 2nd Ave. Spokane WA 99202 CONFORMS TO AMERICA<'! INSTITLTE OF ARCHITECT DOCUMENT A-312, DECEMBER 1984 EDITION. C3!0-l ---PAGE BREAK--- l The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successor and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Con tract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifieS and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for in the performance of the Con struction Contract, provided the Owner has notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor makes payment, directly or in directly, for aU swns due. 4 The Surety shall have no obligation to Claimants under this Bond nntil: 4.1 Claimants who are employed by or have a direct con tract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract \\-ith the Contractor: .I Have furnished "'"ritten notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last fur nished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and . 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has in dicated the claim will be paid directly or indirectly: and . 3 Not having been paid widrin the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous "Written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amonnts owed by the Owner to the Contractor nnder the Con struction Contract shall be used for the performance of the Con struction Contract and to satisfy claims, if any, under any Con struction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all earned by the Contractor in the performance of the Construction Con tract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Snrety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for pay ment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related sub contracts, purchase orders and other obligations. 11 No suit or action shall he commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date on which the Clai mant gave the notice required by Subparagraph 4.1 or Clanse 4.2.3, or on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of ( l) or first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable • 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contrac tor, however accomplished, shall he sufficient compliance as of the date received at the address shown on the signature page . 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. CONFORMS TO AMERICAN INSTITUTE OF ARCHITECT DOCUMENT A-312, DECEMBER 1984 EDITION. 2 C310...1 ---PAGE BREAK--- 14 Upon request by any person or entity appearing to be a poten tial beneficiary of this Bond, the Contractor shall fur· nish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct con tract ""ith the Contractor or with a subcontractor of the Con tractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: services required for performance of the work of the Con tractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: !Corporate Seal) Signature: Name and Title: Address: SURETY: Company: I Corporate Seal) Signature:---------- Name and Title: Address: CONFORMS TO AMERICAN INSTITUTE OF ARCHITECT DOCUMENT A-312, DECEMBER 1984 EDITION. 3 C310-l ---PAGE BREAK--- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice-President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of Company, which are set forth on the reverse side hereof and are hereby certified to be in full date hereof, does hereby nominate, constitute and appoint P. P. JR., Robert J. Richard A. MERRITT and Sally J. Hobbs, all of Spokane, Washington, EACH its true to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and undertakings and the execution of such bonds or undertakings in pursuance of these upon said Company, as fully and amply, to all intents and purposes, as if they had been by the regularly elected officers of the Company at its office in Baltimore, Md., in power of attorney revokes that issued on behalf of P. P. Jr., Robert J. Jones, James and Linda Peterson, dated January 14, 1998. The said Assistant Secretary does set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws t now in force. IN WITNESS WHEREOF, the sa,!'l-Presid_xnt-<:u:t'd Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the DEPOSIT COMPANY OF MARYLAND, this 8th day of February, A.D. 1999. ATTEST: T. E. Smith State of Maryland } ss, County ofBaltirnore On this 8th day of February, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, carne W. B. Walbrecher, Vice-President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affiXed my Official Seal the day and year above written. Ll428-!80-4119 ---PAGE BREAK--- CERTIFICA I AGQBD. E OF LIABILITY INSU[ \NCeJD SH DATE (MM/00/YY) NAS-l 03/0l/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Jones & Mitchell HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 2786 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane WA 99220 Phone:[PHONE REDACTED] Fax:[PHONE REDACTED] INSURERS AFFORDING COVERAGE - INSURED INSURER A; Federated Service - - M _ _ _ _ - - - " _ _ _ _ - INSURER B: Industrial IHern:n:ity Co. Kenaston Corporation INSURERC: Ron Hewett - - p 0 Box 245 INSURER 0: Lewiston ID 83501 INSURER E: COVERAGES 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. LTR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: ' PRO- POLICY : JECT LOG AUTOMOBILE LIABILITY A X ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO 624091 624091 A EXCESS LIABILITY OCCUR CLAIMSMADE 624252 DEDUCTIBLE : X RETENTION s10,000 POLICY NUMBER B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY JJ5l94772 OTHER 01/01/00 01/01/00 Ol/01/00 10/01/99 rEA::_::C:cH Cc_ UR_:R_:E::_Nc:Cc::E _ _ · - 1 0 0 Q v 0 Q 0 01/01/01 F!RE DAMAGE{Anyonefire) S 50,000 - - - - - MED EXP (Any one person) $ 5 1 0 0 0 - PERSONAL & ADV INJURY $ l, 0 Q 0 1 _QJ _Q _ GENERAL AGGREGATE $ 2 .t 00QLQJ: _Q _ PRODUCTS - COMPIOP _Q _2_9 ! COMBINED SINGLE LIMIT 01/01/01 (Ea accident) BOD!L Y INJURY (Per person) BODILY INJURY (Per accident) s1,000,000 $ $ · · · - - - PROPERTY DAMAGE . {Per accident) $ $ $ : _ T•_c IM"I_TcsS, ! E, Rs · 10/01/00 ELEACH ACCIDENT S10_0,000 E.L DISEASE - EA EMPLOYEE S 1 E.L DISEASE - POLICY LIMIT S 50 0 1 0 0 0 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS RE: Moscow Skate Park Project - The City of Moscow is additional insured as their interest may appear as respects liability arising out of operations of the named insured as per form CG2010 attached CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Moscow Attn: Dean Wyen P.O. Box 9203 Moscow ID 83843 ACORD 25.S (7/97) CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU) n Richard Merrit ---PAGE BREAK--- Policy Number: 624091 Liability Commercial General CG 2010 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Moscow f no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured.