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• CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 3rd day of November, 1992, by and between Wind River Construction, Inc. hereinafter called the 'Contractor' and the City of Moscow, a Municipal Corporation of Idaho, hereinafter called the 'city'. WITNESSETH THAT: WHEREAS, pursuant to the invitation of the city, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 30th day of October, 1992, file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has heretofore determined that said offer was the lowest and best submitted: NOW THEREFORE, the Parties hereby agree as follows: I. Complete with Specifications That the Contractor shall comply in every way with the provisions and requirements of those certain specifications entitled: FUELING SYSTEM IMPROVEMENTS II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement by incorporation as though fully set forth herein: 1. The 'Advertisement of Bids' - being the invitation to submit a proposal; 2. The specifications named above by title; 3. The detailed plans listed and described in bid specifications, together with those which may be issued as supplements thereof; and, ---PAGE BREAK--- III. Consideration That in consideration of faithful compliance with the terms and conditions of this agreement (including the specifications) the City shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of sixty-three thousand, three hundred twenty dollars and twenty-seven cents ($63, 320. 27) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided. IV. Completion That the time of completion is 45 calendar days from the date of the Notice to Proceed. v. Communications Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: city: Wind River Construction, Inc. P. O. Box 9202 Moscow, ID 83843 city of Moscow 122 E. 4th Street P. O. Box 9203 Moscow, ID 83843 VI. Full Agreement This contract and the incorporated documents shall constitute the full agreement between the parties; any amendments thereto shall be made in writing. IN WITNESS WHEREOF, said Contractor and·city have caused this agreement to be executed on the day and year first above written. sident an u c ary ---PAGE BREAK--- city of Moscow, Idaho: ATTEST: , City Attorney STATE OF _ I 'l 1' County of -£L.-itlJ__; 55 '-fJ On this\.t=) day of V V) , 19±2 before _e a Notary Publi`, aersona):,: ap- peared Q Q Q 1( uJ ²m.,oJe.A._ (Pres) and J.U Ƭ .f'JtJ a Jh (1 (1(1 tYh (Sec) known to me to be the president and secretary of Wind River Construction, Inc. whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the foregoing agreement. for ---PAGE BREAK--- STATE OF % County of ss On this /3 at day of 2fe---c/· , 1992, before me a Notary Public in and for said state, appeared Paul c. Agidius and Elaine Russell, known to me to be the Mayor and City Clerk of the city of Moscow and acknowledged to me that they executed the foregoing agreement. ---PAGE BREAK--- I EXHIdT A" BID PROPOSAL TO: Mayor and city Council City of Moscow, Idaho Date: 10/30/92 This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City council, hereinafter referred to as the 'CITY' for FUELING SYSTEM IMPROVEMENTS, specified herein and which construction documents are on file with the City Engineer, City Hall, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4 . The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the city of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the city . • 2 ---PAGE BREAK--- • 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer • 8. The undersigned, as a bidder, acknowledges that Addenda Number ONE through TWO have been delivered to him and have been exam1ned 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 GS-12(A) of the Specifications. 10. The undersigned holds Idaho State Contractor's License Number 2623- B-1-3-4(17,32) 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty a. CITY ELECTRIC [Lie. #1237-c-4 (14) ] ংCAL b. KENNEDY E)'JUIPMENI' (Lic.#1831-c-4, (47)] PUMPS I TANKS Amount $7,293.(1!1Z 4 73 c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for FUELING SYSTEM IMPROVEMENTS, as described in the specifications, including all appurtenant work, all as required by the plans, specifications and this proposal for the prices in accordance with the completed schedule of contract prices as follows: NOI'E: This Bid assumes that all work dealing with Contaminated Soil is a negotiated item that will be perfonred by the Contractor at negotiated additional cost to the OWner . 3 . ---PAGE BREAK--- I I I I I I I I . . · . BID SCHEDULE. ITEM DESCRIPTION NO. LUMP SUM PRICE 1. Fueling system at City shop, . complete $55,977.89 2. Spill containment, overfill protection, level monitoring system, and observation well for existing diesel fuel tank at Water Department Headquarters, complete $7,342.38 BASE BID TOTAL $ ,?20. ITEM NO. ALTERNATE BID SCHEDULE DESCRIPTION LUMP SUM PRICE A-1. concrete slab for the new fueling system at City shop, complete $5,197.02 A-2. Furnish and install a 5 foot by 20 foot canopy for the new fueling island at City shop, complete $7,966 56 A-3. Furnish and install a 20 foot by 30 foot canopy for the new fueling island at City shop, complete $12,659.64 ' - Illঀঁ - . SEAL (I.f I!\corporated) . . Dated at 9:00 A.M. This 30 day of OCTOBER WINQ RIVER CONSTRUCTION, INC. Ffz . ' am® . . of _ .B:t°p.er ) L . f ' · I S1gat . of PRƩSƪDENT Off1c1al Title P.O. BOX 9202, MOSCOW, ID. 83843 Ma1ling Address 2623-B-1-3-4(17,32) Public Works License No. IDAHO State of Incorporat1on, if incorporated. ' 1992. ' l 1 ocT 5 "R'ECO u 4 CITY htiOSCOW . y Rms£LL, e£t.k ---PAGE BREAK--- . . . . . ADDENDUM NO. ONE October 26, 192 Fueling system Improvements City of Moscow, Idaho Project No. 109-92 1. Add to the base bid scope of work a monitor we 11, including an 18-inch diameter manhole with 3. o foot square slab, at each location where the tank level probes are plumbed into the tanks. Three are required: one for each of the two new tanks at the City Shop and one for the existing tank at the City Water Department headquarters. Use standard manufacture equipment, as approved by the engineer. The slab shall be con structed as shown on Dwg. No. 4, Typical Lid Slab. 2. Add to the base bid scope of work stainless steel flex joints with flex protectors where swing joints are required for all piping; industry standard, as approved by the engineer. 3. The PETROVEND KBOO card reader shall be the 2-hose type. 4. Add to the base bid scope of work concrete slabs for all risers at the City Water Department headquarters site; these shall be furnished and installed as per the requirements for the new system at City Shop. RECEIPT OF ADDENDUM NO. ONE must be acknowledged. This form must be signed and attached to the proposal to acknowledge receipt of addenda. 1/)-3<2-?L Date "gnature ·of Bidder ---PAGE BREAK--- October 28, 1992 PL••Jing System Improvements City ofMoacow, Idaho ProJect No. 109-92 ..,JkQ$4., JS • . • , , ADDENDUM NO. TWO 1. Delete para9raph 17l BIDDER EXPERIENCE QUALIFICATtONS ot the Instruction to Bidders on page 12. 2. Add to the bॿ•• bid scope ot work the requirement that the new fuel island at the City shop must b• operational prior to be9inning removal ot the $Xistinq tanks and lines. The excavation tor the new tanks may be stored at the city shop site until it is neeaea to till the existing tank site. Receipt ot ADDENDUM NO. TWO muat be acknowledged. This for• must be .si9ned and attached to the proposal to acknowledge receipt·« ot addanda. 1 o .Jo 15ato ---PAGE BREAK--- DUPLICATE ORIGINAL ·A AMWEST +URETV INSURANCE CuMPANV WOODLAND HILLS, CALIFORNIA BOND NO. 011000592 PREMIUM Premium included in bid bond service BID DATE 1 0/30/92 PUBLIC WORKS BID BOND Know all men by these presents: Thai we, WIND RIVER CONSTRUCTION, INC. (hereinafter called -Principal), as Principal, and AMWEST SURETY INSURANCECOMPANY-,-a- corporation (her-einaftercalled Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of IDAHO , as Surety, are held and firmly bound unto CITY OF MOSCOW (hereÁnafter called Obligee) in the penal sum of Five percent ( 5ƨ) of the bid amount, but 1n no event to exceed Four Thousand and 00/100 Dollars for the payment of which the Principal and the Surety bind themselves, their heirs. executors, admimstrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Pnnc1pal has submitted or is about to subm1t a proposal to the Obligee on a contract for FUELING SYSTEM IMPROVEMENTS MOSCOW, IDAHO - . NOW, THEREFORE, if the contract is awarded to the Principal and the surety has been provided with sufficient proof by Obligee of acceptable financing for the project. and the Principal has, within such time as may be specified, (but in no event later than 60 days after such award). entered into the contract in writing, and provided a bond with surety acceptable to the Obligee lor the laithlul performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract w1th another party to perform the work covered by the bid, then this obligation shall be void; otherw1se to remain 1n full force and eHecL. SIGNED, SEALED AND DATED THIS 26th DAY OF October, 1992. A UN·A9017 9192 ---PAGE BREAK--- ll.OND NUMJiER 0110 oos 9.2 - POWER NUMBER 0157123 -71 . . NGT VAllO FOR 80NOS EJECUTED ON OR A S•22-9J l:his P'JlB r.\'fih.blru:k unil11!d ll'lk, >vith hc;,nkr fn hlut tnk !.1ntl.bf;:rs lh.r. filised seal or Am१st Suret)"'lm\Il:liJ':oc.e: Company. (!hi: "Cnmp.:mytr). Orily unalterɉ cnginals cf dits-Fower ef Aiwme.)' Ɇtɇ ,•nlld. Thisl:'nw-tt afAuom.q.ॵ ts v:;dfd safe!)\ in c•omH!ctiOD witb lheexemtlon md delivery afthe hoc.d noted above a:J;d flll not be ॡ m conjurtt:tlmn W!,th m;tY ather PCJW.CT or· ४ltmney No represen1,Jlt,ilJ'IlS or w:mnnrii!S regarding this:Ʀ.aweF of' MIDl:flt!Y'IIU)' be made by .11ny pi!३rt Thu Pow२r or Attorn!!)' i.S guvemƥcJ by Lli£' laWS' or ili£ Sॣ ५f • .AnJ• :pOWE: r ai Mk:lmey ll$td In coruie.ctlan \!Jitb any bt:ind JssUt.ld by irut CMlpɊllY must Oil rhlॶ form Bl'ill UO otbu form ilhaJ l-hil'<'ll l'orce: or;-el1ct:.l.. IO S111alL 8usin.ess Adroinis t rdt·ion 6r;:arantce1 9on.ds up to ,2'504110.00.0 .sn.d. य़ Jj\ncl the Company ·thmeby. This appointmॹru is lli3de under ॠ by authl',lnty of, the By-Laws of lhe ·G;ompwy, whkh Jl+e now in Cdll forct mid effi;Ett CERTIFICATE l, ll:t:e undersigned secn:tary o[ Amwest Surety trL-rumnce: Co.n1pun.)' • .a CalifPrma corporation, DO 11:EREBY: 'CERTIFY that rh'is Power of Attorney rcmaius in full force 11nd ७trl!tcr arid hats not bten t'f!Voked :tnd furthermore. that the of Ll\e Board 0[ Drrr:Xtoi'S set fonh on the revɈ, antl lhtt lhu reJe;vtu'lt -pt:ovis10.ris of lhe By-Ui\\rS of 1he Company•. are now In full force and effeet ---PAGE BREAK--- PAGE ONE OF TWO PAGES . AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 011000634 PREMIUM $1,900.00 Prem1um baSed on final contract price. PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): WIND RIVER CONSTRUCTION, INC. P.O. BOX 9202, 512 EAST STREET MOSCOW, ID 83843 OWNER (Name and Address): CITY OF MOSCOW 122 E. 4TH ST., P.O. BOX 9203 MOSCOW, ID 89843 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 19515 NORTH CREEK PARKWAY, SUITE 314 BOTHELL, WA 96011 CONSTRUCTION CONTRACT Date: November 3, 1992 Contract Number: 109-92 Amount: Sixty Three Thousand Three Hundred Twenty One and 00/100 Description (Name and Location): FUELING SYSTEM IMPROVEMENTS MOSCOW, IDAHO BOND Amount: S1xty Three Thousand Three Hundred Twenty One and 00/100 Signed. sealed and dated this 5th day of NOVEMBER, 1992. Dollars ($63,321.00). Dollars ($63.321.00). WIND RIVER CONSTRUCTION, INC. . . - ªnature AMWEST SURETY INSURANCE COMPANY CHE Attorney·ln·Fact UN-A3001 12o91 (SEE NEXT PAGE FOR TERMS AND CONDITIONS I ---PAGE BREAK--- A PAGE TWO OF TWO PAGES AMWEST SURETY .INSURANCE: COMPANY Performance Bond BOND NO. 011000634 1. The Contractor and lhe Surety, JOinUy and severally, bmd themselves, lhe1r he1rs, executors, admm1strators, successors and ass1gns to the Owner for lhe performance of the Construction Contract, which IS Incorporated herein by reference. 2. II the Contractor performs the Construction Contract, the Surely and the Contractor shall have no obligation under lh1s Bond, except to paruc•pate m conferences as prov•ded 111 Subparagraph 3. 1. 3. If there IS no Owner Default, lhc Surety's obligation under lh1s Bond shall anse after: 3.1 The Owner has notified the Contractor and the Surely at its address descnbed in Paragraph 10 below that lhe Owner 1s considenng dectanng a Contract Defaull and has requested and auempted to arrange a conference with the Contractor and lhe Surely to be held not later than fifteen days after rece1pt ol such notice to d1scuss melhods or perform1ng the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable Úme 10 perform the Construction Contract but such an agreement shall not waive lhe Owner's nght, 1f any, subsequenUy to declare a Contractor Delauh; and 3.2 The Owner has declared a Contractor Default and formally terminated lhe ContraclOr's nghl to complete the contract. Such Contractor DelauH shall not be declared earlier than twenty days after the Contractor and the Surely have rece1ved notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay lhe Balance of the Contract Price to the Surety in accordance wilh the terms ol U1e ConstructJon Contract or to a contractor selected to perform the Construction Contract m accordance w1th the terms ol the contract with the Owner. 4. After the Owner has declared Contractor 111 defaull and has lhe cond1l1ons or Paragraph 3, and the Surely has conducted 11:; own prompt and reasonable invosllgalJon as to whelher or not the Contractor's default has actually occurred. the Surely may at 1ts own opt1on elect one or mare of lhe followmg actions: 4.1 Arrange lor lhe Contractor, with consent or lhe Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete lhe Conslructlon Contract 1tsell, through 1ts agents or lhrough Independent contractors; or 4.3 Oblaln b1ds or negotiated proposals lrom qualified contractors acceptable to the Owner lor a contract for performance and completion or the ConslruclJon Contract, arrange for a contract lO be prepared lor execution by lhe Owner and the Cootractor selected with U1e Owner's concurrence, lO be secured with performance and payment bonds executed by a qual1l1ed surety equivalent to the bonds 1ssued on the Construcllon Contract, ar1d pay to the Owner the amount of damages as descnbed 111 Paragraph 6 111 excess ol the Balance of the Contract Pnce incurred by lhe Owner resulting from lhe Contractor's delaull; or 4.4 Wasve its right to perform and complete, arrange for completion, or oblaln a new contractor and wllh reasonable promptness under the Circumstances: .1 After 10vestigat1on, determme lhe amount lor wh1ch 11 may be liable to the Owner and as soon as practicable alter lhe amount is determined, tender payment therelor to the Owner; or .2 Deny hab1llty 1n whole or 111 part and notify the Owner cillng reasons therelore. 5. If the Surely proceeds as prov1ded 111 Subparagraph 4.4, and lhe Owner refuses lhe payment tendered or lhe Surely has den1ed hab1l1ly, 111 whole or 111 part, wrthoul further notice the Owner shall be entiOed to enforce any remedy available 10 the Owner. 6. After the Owner has term1nated lhe Contractor's nght to complete lhe Construction Contract, and 1f the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the respons1bihtes of !he Surety to lhe Owner shall not be greater lhan lhose ol lhe Contractor under the Construction Contract, and the responsibilities or lhe Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit ol the amount of th1s Bond, but subJect to commitment by the Owner of the Balance of the Contract Pnce to mitigation of costs and damages on the Construction Contract, the Surety is obligated Without dupJ1cation for: 6.1 The of lhe Contractor lor correction of delecllve work and compJet1on ol lhe Construcuon Contract; and 6.2 Liquidated damages, or 11 no liquidated damages are spec1fied 111 the Construction Contract, actual damages caused by delayed performance or non-performance of lhe CQOtractor. 7. The Surety shall not be liable lO lhe Owner or olhers lor obligations of lhe Contractor !hal are unrelated to the Construction Contract, and the Balance ol the Contract Price shall not be reduced or set off on account or any such unrelated obhgalions. No right or action shall accrue on lhiS Bond to any person or entity other lhan the Owner or its he1rs, execuLOrs, administrators or successors. e. The Surety hereby waives notice of any change, includmg changes ol lime, to lhe Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or BQUIIable, under lhis Bond may be 1nSl1tuled 111 any court ol competent JUnsdiCllon 111 the loc:alJon 1n wh1ch U1e work or part of the work 1s located and shall be instituted within SIX months after Contractor Default or Within six months after the Contractor ceased working or w1thin six months alter the Surety relused or lads 10 perform its obligations under Uus Bond, whichever occurs firsL If Ule prov1S1ons or this Paragraph are void or prohibited by law, the mimmum penod of limitation available to sureties as a defense in the of the SUit shall be applicable. 10. Notice to lhe Surety, the Owner or the Contractor shall bo maJied or delivered to lhe address shown on the Signature page. 11. When lh1s Bond has been furnished 10 comply w1th a statutory or olher legal requirement in the localJon where the construcuon was to be performed, any prov1sion 111 th1s Bond connicling w1lh said statutory or other legal requirement shall be deemed Incorporated herein. 12. DEFINITIONS 12.1 Balance or the Contract Pnce: The LOtal amount payable by the Owner to lhe Contractor under the Construction Contract after all proper adfUStments have been made, including allowance to the Contractor ol any amounts rBCe!Ved or to be rece1ved by the Owner 111 selllement of Insurance or other claims lor damages to wh1ch the Contractor IS enÚUed, or reduced by all valid and proper payments made to or on behall or the ContracLOr under lhe Construction Contract 12.2 Construction Contract: The agreement between lhe Owner and lhe Contractor 1dentilled on lhc s1gnature page, mclud1ng all Contract Documents and changes thereto. 12.3 ContraclOr Default FaJiure of lhe Contractor, wh1ch has neither been remedied nor waJVed, to perlorm or otherwise to comply w1lh the terms or lhe ConstruCtiOn Contract. 12.4 Owner Default Fa1lure of the Owner, wh1ch has ne1ther been remedied nor wa1ved, to pay the Contractor as reqUired by the Construcuon Contract or to perform and complete or comply with lhe other terms hereol. 2 UN A3001 12/91 ---PAGE BREAK--- PAGE ONE OF TWO PAGES AMWEsT SURETY iNSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 011 000634 PREMIUM $1,900.00 Premium included in performance bond PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): WIND RIVER CONSTRUCTION, INC. P.O. BOX 9202, 512 EAST STREET MOSCOW, ID 83843 OWNER (Name and Address): CITY OF MOSCOW 122 E. 4TH ST., P.O. BOX 9203 MOSCOW, ID 83843 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY 19515 NORTH CREEK PARKWAY, SUITE 314 BOTHELL, WA 98011 CONSTRUCTION CONTRACT Date: November 3. 1992 Contract Number: 109-92 Amount: Sixty Three Thousand Three Hundred Twenty One and 00/100 Description (Name and Location): FUELING SYSTEM IMPROVEMENTS MOSCOW. IDAHO BOND Amount: S1xty Three Thousand Three Hundred Twenty One and 00/1 00 Signed, sealed and dated this 5th day of NOVEMBER, 1992. UN-A3002 12/91 Dollars ($63,321 .00). Dollars ($63,321.00). WIND RIVER CONSTRUCTION, INC. EST SURETY INSURANCE COMPANY CH Attorney-in-Fact (SEE NEXT PAGE FOR TERMS AND CONDITIONS) ---PAGE BREAK--- A 2 f PAGE TWO OF TWO PAGES AMWEST SURETY INSURANCE COMPANY Payment Bond BOND NO. 011000634 1. The Contractor and the Surety, jOinlly and severally. bind lhemsetves, lheir heirs, executors, admm1strators, successors and ass1gns to the Owner to pay for labor, matenats and equipment furnished for use 1n the performance of the Construction Contract, wh1ch IS •ncorporated herein by reference. 2. With respect to the Owner, th1s obl1gahon shall be null and vo•d 1f the Contractor: 2.1 makes payment, d1recUy or ind1reclly, for all sums due Clwmants, and 2.2 Defends, mdemmfies and holds harmless the Owner from all claims, demands, hens or su1ts by any person or entity whose labor, matenals or eqUipment were furnished lor use 10 the performance of the ConstructiOn Contract, provided the Owner has nollfled the Contractor and the Surety (at the address descnbed m Paragraph 11) of any clrums, demands, liens or su1ts and tendered defense of such demands, liens or suits to the Contractor and the Surety and prov1ded there IS no Owner Default. 3. W1th respect to Claimants, th1s obligahon shall be null and vo1d 11 the Contractor makes payment, directly or 111d1reclly, lor all sums due. 4. The Surety shall have no obligation to Claimants under th1s Bond until: 4.1 Clrumants who are employed by or have a direct contract w1lh the Contractor have g1ven not1ce to the Surety at P.O. Box 4500, Woodland Hills, California 91365-4500 and sent a copy, or nohce lheroof, to the Owner, stat1ng that a claim is being made under lh1:; Bond and, with substantial accuracy, the amount of the clrum. 4.2 Cl81mants who do not have a direct contract with the Contractor: .1 Have furnished wnnen not1ce to the Contractor and sent a copy, or not1ce thereof, to the Owner, w1th1n 90 days after hav1ng last performed labor or last furnished materials or equ1pment Included 111 the clrums stahng, w1th substanhal accuracy, the amount of the claim and the name of the party to whom the matenals were lurmshed or :;upphed or lor whom the labor was done or performed; and .2 Have e1ther received a retecuon 1n whole or 1n part from the ConLractor, or not rece1ved w1th1n 30 days or lurmsh1ng U1e above notice any communication from the Contractor by wh1ch the Contractor has md1cated the cla1m will be pa1d d1reclly or 1nd1recUy; and .3 Not hav1ng been prud withm lhe above 30 days, have sent a wntlen nollce to the Surety at P Box 4500, Woodland Hills, Cal1forma 91365-4500 and sent a copy, or nohce thereof, to the Owner, staling that a claim is being made under this Bond and enclos1ng a copy or the previOus wnnen nouce lurnished to the Contractor. 5. Jl a notice reqUired by Paragraph 4 IS g1ven by the Owner to the Contractor or to the Surety, that rs suffic•ent compliance. 6. The Surety's total obhgal.lon shall not exceed the amount of this Bond, and the amount or llus Bond shall be credited lor any payments made 1n good fwth by lhe Surety. 7. Amounts owed by the Owner to the Contractor under lhe Construchon Contract shall be used for the performance of lhe Construction Contract and Ia 11 any, under any Construchon Performance Bond. By the Contractor furrustuny and the Owner accepting th1s Bond, lhey agree that all funds earned by the Contractor 10 the performance of the ConstructiOn Contract are ded1cated to obl1gauons or lhe Contractor and the Surety under th1s Bond, subject to the Owner's prionty to use the funds lor the completion of the work. B. The Surety shall not be liable to lhe Owner, Claimants or others lor obllgauons of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable to make payments to, give no11ces on behalf of, or otherwise have obligations to Cla.mants under th1s Bond. 9. The Surely hereby wwves nolJce or any change, rncluding changes of hme, to tho Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No swt or acuon shall be commenced by a Claimant under this Bond other than 111 o court or 1n lhe locat1on 1n wh1ch the work or part of the work is located or alter the exp1ratJOf1 of SIX monlhs lrorn the date on whiCh the clatmant gave the notice requ1red by Paragraph 4.1 or Clause 4.2.3 or on wh1ch the last labor or serv1ce was pertormed by anyone or lhe last matenals or equ1pment were furnished by anyone under lhe Construction Contracƀ wh•chever or or l1rst occurs. If lhe prov1s10ns of this Paragraph are vord or prohibited by law, the m1nimum period or limitation available to sureties as a defense 111 tho tunsdiCl.lon ol the su1t shall be applicable 11. Notice to lhe Surety, the Owner or the Contractor shall be mwled or delivered to the address spec1fied or shown on the Signature page. Actual rece1pt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suff1C1ent compliance as of the date roce1ved at the address shown on the signature page. 12. When th1s Bond has been furniShed to comply w11h a statutory or olher legal reqwrement 1n the locaLJon where the construction was to be performed, any prOVISIOn in th1s Bond conflicting with srud statutory or legal requJrement shall be deemed deleted herelrorn and prov•s•ons conforming to such statutory or other legal reqUirement shall be deemed incorporated here1n. 13. Upon request by any person or entity appeanng to be a potential, beneficiary ol th1s Bond, lhe Contractor shall lurn1sh a copy of lh1s Bond or shall perm1t a copy to be made. 14. DEFINITIONS 14.1 Clrumant: An md1v1dual or ent1ty hav1ng a d1rect contract w1th the Contractor or w1th a subcontractor or the Contractor to furn•sh labor, matenals or equtpment lor use 1n the performance of the Contract. The 1ntent of th1s Bond shall be to include without hm•tauon in the terms "labor, rnatenals or eqUipment" lhat part of water, gas, power, light, heat, oil, gasoline, telephone serv1ce or rental equipment used 111 the Construction Contract, architectural and eng1neenng serv1ces required lor performance or the work of the Contractor and the Contractor's subcontractors, and all other Items lor wh1ch a mechan1c"s lien may be asserted 1n the junsdicuon where the labor, matenals or equipment were furnished. 14.2 Construcuon Contract: The agreement between the Owner and the Contractor 1dent1f1ed on lhe Signature page, tnclud1ng all Contract Documents and changes !hereto. 14.3 Owner Delaull: Failure or the Owner, which has ne1ther been remedred nor waived, to pay the Conlractor as required by the Consln.let•on Contract or to perform and complete or comply w•th the other terms thereof. UN-A3002 12/91 ---PAGE BREAK--- BoND Nl.Ji,mEH, ·oll 0006.34 POWER NUMBER 0157132 -10 NOT VAL ID fOR BONDS E.X.ECUTED ON OR AFTE !i-22 -93 This t;fc1:1.1mm1 cm·ntultl-fulll:m* foॢ onlfa:t. KNOW ALL ौv:IEN "BY THESE !'-RESENTS, tltat &nwest Sl.ll"el)' lnsufi!m:e a, California corporatmn (the ··cmnpatl(), does bcl!eby Illilke. conslitute and appomt:: CHERYL M. WOLOHAN AS AN EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY itslruc