Full Text
CONSTRUCTION CONTRACT THIS CONTRACT, dated this 6th day of April, 1999, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Wind River Construction, 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 four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: HARRISON I ADAMS STORM SEWER -1999; 3. Bid/Proposal of the Contractor, dated March 24, 1999, 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. 99-22 ---PAGE BREAK--- PAGE 1 - CONS 1 t h /hlC!nds in the full arrount of the contract price. The cash, certified check, bid b::>nd, or cashier's check acconpanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the arrount bid if the undersigned shall fail or refuse to execute the contract, fw:nish perforrrance and payrrent b::>nds, and insurance certificate as required by the specifications within c:he time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 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. The undersigned agrees to order all necessary equiprrent and rraterials within a period of three days after Notice to Proceed has been issued by the City Engineer. 1 ---PAGE BREAK--- • I I I I • I I I I I I I I I I I I I BID SCHEDULE (oollars and cents) . ALTERNATE BID SCHEDULE To fw:nish and install i!!p:)rt backfill rrater, ial in li<=\.1 of Ütive backfill cr0. 6:jttfi><- the bidder sul::mits a unit price of ·per cubic yard / t:O / / • . . for 350 cubic yards for a total price of . ' 'official Title SEAL (If L'lCOrporated) State of Incorporation if Incorporate day of > ! , 1999. ---PAGE BREAK--- 8. a bidder, acknowledges that Addenda Number The dersigned, as through examined as part of / have been delivered to him and have been the contract docurrents. 9 . The undersigned agrees to catplete all =rk embraced in the contract by the date set forth in paragraph IB-13 of the Inst:ruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number I('Lz33-/!AA-r3-t 11 . The undersigned proposes to use the following sub-contractors in the perforrrance of meeting the contract requirements:_ J1h,.1e _ Trade Specialty Idaho Public Works Licep.se No. $ Arrount a. _ b. _ c. _ 12 . The undersigned proposes to furnish labor, rraterials, equi:p:rent and services of all kinds required for HARRISCN/ADAMS SIDRM SEWER - 1999, as described in the specifications, including all appurtenant =rk, all as required by the specifications and this proposal for the prices in accordance with the catpleted schedule contract prices as follows: 2 ---PAGE BREAK--- March 19, 1999 ADDENDUM NO. 1 City of Moscow Project: HARRISON I ADAMS STORM SEWER -1999 Project No.: 102-99 The following changes, additions, and I or deletions are hereby made a part of Moscow's HARRISON I ADAMS STORM SEWER - 1999 project, as fully and completely as if the same were entirely set forth in the Plans, Specifications and Contract Documents. The addendum described herein shall become an integral part of any contract entered into by and between the Ow11er and the Contractor. The first sentence of TECHNICAL SPECIFICATION Item No. 21, Page 35 shall read as follows: Class 3 backfill does not require the use of granular pipe zone material - this is to keep from having to transport import material in the yards. ig Title t/J-;:;t/91 Date ---PAGE BREAK--- GREAT AMERICAN INSURANCE COMPANY OH I O BOND NO. BID BOND APPROVED BY THE AMERICAN INST!TlffE OF ARCHITECTS AJ.A.DOCUMENT NO A-JJD (FEB 1970 EO) KNOW ALL MEN BY THESE PRESENTS, that we Wind River Construction, Inc. as Principal, hereinafter called the Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the Jaws of the State of Ohio, with Administrative Offices at 580 Walnut Street. Cincinnati. Ohio 45202. as Surety. hereinafter called the Surety, arc held and firmly bound unto City of Moscow as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Contractor's BidG- HDOLLARS of bid ) for the payment of which sum well and truly to be made, the said Principal and the said Surety. bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Harrison/ Adams Storm Sewer - 1999 Project #I 02-99 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufticicnt surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount fOr which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 24thday of March • 1999 In the presence of: (Witness) WIND RIVER CONSTRUCTION, INC. GREAT AMERICAN INSURANCE COMPANY (Surety) - , ! / , . " · c. ' . ·t d'm C, tJAdli/i) . {!by: Judith C. Kaiser-Smith, Attorney-in-Fact ---PAGE BREAK--- 580 WALNUT STREET • CINCINNATI, OHIO 45202 • [PHONE REDACTED] • FAX [PHONE REDACTED] The number of persons authorized by this power of attorney is not more than FIVE No. 013832 POWER OF ATTORNEY KNOW ALL Y!EN BY THESE PRESENTS: That the GREAT AY!ER!CAN l'iSCRA'iCE COY!PA'iY, a corporallon organtzed and existing under and by virtue of the laws of the State of Ohio. does hereby nominate, constitute and appoint the person persons named below lts true and lawful anorney-in-fact, for it and in its name. place and stead to execute in behalf of t he sa1d Company. as surety, any and all bonds. undertakings and contracts of suretyship. or other v.Titten obligations tn the nature thereof; provided that the liability' of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Uarne Address Limit of Power HALTER H. HOLF JUD ITH A. RAPP JO iliN MIKKELSEN JUDITH C. KAISER-SMITH JANES E. MAJESKEY, II ALL OF SPOKANE, ALL UNLIHITED This Power of _,\ttorney revokeŝ all previous powers is3ued in behalf of the attorŞcy(s)-in-fact named above. !U WITUESS WHEREOF the GREAT A\1ERIC AN INSURASCE C0\.-1 PAUY has caused these presents to be signed and attested by its appropriate officers and its corporate sea! hereunto affixed this 29th day of January 1999 Attest GREAT AY!ERICA'i l'iSURA?"CE COMPANY STATE OF OHIO, COUNTY OF HAY!Il TON ss On this 29th day of January, 1999 . before me personally appeared DOL:GLAS R. BOW£\", to me known. being duly sworn. deposes and says that he resided m Cincinnati, Ohio. that he is the Vice President of the Bond Divtsion of Great Amencan Insurance Company, the Company described in IOW ALL ME:>! BY THESE PRESENTS: That the GREAT A\lERICA'i l'iSlJRA'iCE COMPANY. a corporatron organrzf.a( MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, liiPf Mil"'"' ōU( liD)f;bi(WO¥JŐő.Wl>$E:!IOJ: &i(,il!A)IjŎ l!i.tt.Kll" l>&