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CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 8th day of May, 1990, by and between Bodiford Construction, hereinafter called the 'Contractor' and the City of Moscow, a Municipal Corporation of Idaho, hereinafter called the 'City'. WITNESSE1H 1HAT: WHEREAS, pursuant to the invitation of the City, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 3rd day of May, 1990, 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: ORCHARDVIEW SANITARY SEWER 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, 4. The proposal of the Contractor, which was submitted on May 3, 1990, the original or conformed copy of which is hereto attached and marked 'Exhibit ---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 One Hundred Fift>'-Three Thousand, Two Hundred and Eight Nine Dollars ($153,289.00) wh1ch 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 sixty (60) 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: Bodiford Construction HC-76 Box 2545 Garden Valley, ID 83622 City: 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. ATTEST: seLae« Contractor: Bodiford Construction City of Moscow, Idaho: ---PAGE BREAK--- APPROVED AS TO FORM: STATE OF IDAHO County of {1B On this .d//JJ-day of lJ1a.).-v , 1990, before me a Notary Public, personally appeareODOn BodifKo me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the foregoing agreement. STATE OF IDAHO County of Latah On this day of , 19 , 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. Notary Pubhc m and for State of ---PAGE BREAK--- ADDENDUM NO. 1 APRIL 25, 1990 Specifications and proposal for ORCHARDVIEW SANITARY SEWER - 1990 Proj ect No. 112-89 1. The width of trenches shall be as shown in the cross sections, sheet 3 of 6 of the plans - not as stated in ES-7, page 69 of the specifications. A wider trench width may be approved by the ENGINEER if deemed necessary for safety reasons. 2. Bituminous coated pipe and end sections are not required for the 24-inch diameter CMP as specified under Section 7, page 57 of the Technical Specifications. Receipt of all addenda must be acknowledged. This form must be signed and attached to the proposal to acknowledge receipt of addenda. /-9cf J < Date Signature of ---PAGE BREAK--- E.XH\B\T A BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho II Date: 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 ORCHARDVIEW SANITARY SEWER, 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 rej ect any bid item deemed to be in the best interest of the city. 2 ---PAGE BREAK--- 7. 8. 9. 10. 11. 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. The undersigned, as a bidder, acknowledges that Addenda A through been examined as The undersigned contract by the Specifications. have been delivered to him and part of the contract documents. agrees to complete all work embraced in date set forth in paragraph GS-12 of The undersigned q:!ds !?daho State Contractor's License Number H/OV-/lf:LI .113) Number have the the The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty Amount b. c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for ORCHARDVIEW SANITARY SEWER, 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 of contract prices as follows: (The bid price(s) is to be shown in both words and figures, in case of discrepancy, the amounts shown in words will govern) ITEM NO. 1. DESCRIPTION (Price in Words) BID PROPOSAL QUANTITY & UNIT lump sum 3 UNIT PRICE TOTAL PRICE ---PAGE BREAK--- 2. 3 • 4. 5. 6. 7. 8. 6-inch PVC force main, in place, including trench excavation, installation, and .e . zone backfill, at .ff.se,..z, per lineal foot 10-inch gravity sewer pipe, in-place, including trench excavation, in stallation, and pipe zone 822 lineal feet bafokfil}, at ..JLX'? @LL,J-n> . "l,71l3 per lineal foot lineal feet 12-inch gravity sewer pipe, in-place, includ ing trench excavation, installation, and pipe zone baQkfill, at _ 312 per lineal foot lineal feet Service connection 78lt]:1 per each Manhoj complete, at ha per vert1cal oot Class A (modified) backfill, at ZhJ#>' per 1neal foot 2 each 66.0 vertical feet lump sum 97 lineal feet 4 $ IJ,- 0 tz- • . $ 2otJF ' I t)&J $ ; $ 8ooo12- $ ---PAGE BREAK--- 9. Class B (modified) 10. 11. 12. 13. ba fi.ll, at _ _ _ per Ckfill, at per lineal foot Class D backfill, at 2.5 inch thick asphalt pa at per square yard 4.0 inch thick asphalt per square 14. 3.0 inch thick gravel 850 lineal feet 598 lineal feet 475 cubic yards 650 square yards 70 square yards TOTAL BID 5 $ zt:3 $ ?12re I / ---PAGE BREAK--- SEAL (If Incorporated) Dated at This day of ·tr 1990. 6 .1/c>V IJ>_ I 3) Public Works L1c nseiNo. State of Incorporation, if incorporated. ---PAGE BREAK--- PLANE"r INSURANCE COlYlPANY HEAD OFFICE, MADISON, WISCONSIN BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we Don Bodiford dba: Bodiford Construction as Principal, hereinafter called the Principal, and the PLANET INSURANCE COMPANY of Madison, Wisconsin, a corporation duly organized under the laws of the State of Wisconsin, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Moscow, Idaho as Obligee, hereinafter called the Obligee, in the sum of **icFive Percent of the Total Amount Bid*kl* Dollars ($',es 8· :v;ns 19 90 @ ---PAGE BREAK--- FLANETINSURANCECOlPANm HEAD OFFICE, MADISON, WISCONSIN LABOR AND MATERIAL PAYMENT BOND The American lnrtirute of Architects, AlA Document A311, February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Don Bodiford dba Bodiford Constru c t ion HC-76 Box 2545 Garden Valley, ID 83622 as Principal, hereinafter called Principal, and, PLANET INSURANCE COMPANY, a corporation of the State of Wisconsin with its Head Office at Madison, Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) City of Moscow P.O. Box 9203 Moscow, ID 83843-1703 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ***One Hundred Fifty Three Thousand, lwo Hundred and Eighty Nine Dollars and /No I 100*** uo11ars 153, 289. 007:*). 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 has by written agreement dated Owner for Orchardview Sanitary Sewer May 8, 19 90 , entered into a contract with in accordance with Drawings and Specifications prepared by I 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 Principal shall make payment to allą claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract then this oblig;ltion shall be void; otherwise it shall remain in full force and effec•. subject. however. to th€' following conditions . 1. A claimant is defined as one having a d1rect contract with the Principal or w1th 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 in· elude that part of water, gas, power, light. heat, oil . gasoline, telephone service or rental of equipment directly appiicable to the Contract. 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 1n 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 tor the use of such claimant, prosecute the suit to f1nal Judgment for such sum or sums as may be justly due claimant. and have execution thereon . The Owner shall not be liable for the payment of any costs or expenses uf any such suit. ---PAGE BREAK--- 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after 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 amount 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 (1 J 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 shall be reduced by and to the extent of any payment or payments made in good faith hereunder, in clusive 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 16th ' 7 I ( / ' / , vC.. l.abor and Material Payment Bond ReviN to February, 1970 S8 5715ax 12) Printed in U.S.A. BDP-2304A 1/82 day of (Witn (Witness) May 19 90· Bodiford Construction (Seal) (Principal) a2 z Ow NER(Title) PLANET INSURANCE COMPANY ' ' ħ By ( MZ Dermis K. Anderson Attorney-in-fact ---PAGE BREAK--- PLANE,. 1 XNBUR..A.NCE C .lMP.A.NY HEAD OFFICE, MADISON, WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Thlt tht PLANET INSURANCE COMPANY, a corporation duly organized under the lew of the State of Wisconain, don hereby mtke, constitute and appoint DENNIS K. ANDERSON of BOISE, IDAHO itl true and lawful Attorney-in-Fact, to mtke, execute, -l and deliver for and on ita behalf, and a ita act end dHd ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind the PLANET INSURANCE COMPANY thereby a fully and to the ȿme extant a if auch bonds and undertakings end other writings obligtory in the nature thereof were &igned by en Executive Officer of the PLANET INSURANCE COMPANY end aealed and ettested by one other of such offictn, and hereby ratifies end confirms all that ita aeid Attornty(s)-in-Fact may do in punuenc:e hereof. This Power of Attorney is grented under end by authority of Article VII of the By-Lews of PLANET INSURANCE COMPANY which btceme effective September 21 , 1981, which provisions are now in full force end effect, reeding as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The BoĹrd of Directors, the President, the Chairmen of the Board, any Senior Vice President, eny Vice President or Assistant Vice President or other officer designated by the Board of Directors shell have power and authority to appoint Attorneys-in-Fact end to euthorize them to execute on behalf of the Compeny, bonds and undertakings, recognizances, contracts of indemnity end other writings obligatory in the neture thereof, end to remove eny such Attorney-in-Fect at any time end revoke the power end euthoritv given to him. 2. Attorneys-in-Fact shall have power and euthority, subjtc:t to the terms end limitations of the power of attorney issued to them, to execute end deliver on behalf of the Compeny, bonds and undertakings, recognizances, contracts of indemnity end other writings oeligatory in the nature thereof. The corporate aeal is not necessary for the validity of any bonds and undertekings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power end euthoritv to execute affidavits required to be ettec:hed to bonds, rec:ognizenc:es, contracts of indemnity or other conditione I or obligatory undertakings end they shall also have power and euthoritv to certify the finencitl stetement of the Compeny lnd to copies of the By-Laws of the Company or any article or aec:tion thereof. This power of attorney is signed and aealed by facsimile under and by authority of the following Resolution adopted by the Board of Direc:ton; of PLANET INSURANCE COMPANY at a meeting held on the 29th dey of March, 1982, et which e quorum wes present, end seid Resolution has not been amended or repealed: "Resolved, that the signetures of such dire<:tors and officen; end the seal of the Company mey be effixed to any such power of ettorney or any certificate releting thereto by facsimile, end any such power of ettorney or certificate bearing such fac:simile signatures or fac:simile -1 shell be valid and binding upon the Company and any such power so executed end certified by facsimile signatures and facsimile seal ahtll be valid and binding upon the Company in the future with respect to eny bond or undertaking to which it is tttec:hed." IN WITNESS WHEREOF, the PLANET INSURANCE COMPANY h11 caused theae presents to be signed by its Vice President, and its corporate seal to Ⱦhereto affixed,this 3rd dty of March 19 88 • . ' STATE OF W a S h i n 9 t 0 n COUNTY OF King On thia 3rd day of March , 19 88 , personally eppeĹred Lawrence W. to me known to be the Vice-President of the PLANET INSURANCE COMPANY, and ec:knowledged that he executed end _.tested the foregoing instrument and affixed the seal o' seid corporetion thereto, and that Article VII, Se · n 1, 2, and 3 of the BY·LIWS of seid Compeny, and the Resolution, Itt forth therein, are still in full force. My Commission Expires: May 15 ,19 90 Residing at Tacoma I, James A. Evans . Assistant Secretary of the PLANET INSURANCE COMPANY. do hereby certify that the above and foregoing is • true and correct c:opy of a Power of Attorney executed by said PLANET INSURANCE COMPANY, which is still in full force and afftc:t. IN WITNESS WHEREOF, I hive hereunto set IT'f hand and affixed the seel of aeid Company this 16th day of May : AssistantSecretary d BDP-1431 11s2 A. Evans 19 90 @ ---PAGE BREAK--- ğ: ; -ÏÐ:; - : ri-!J:S C:ERfiFICgHE IS ISF;UED cdS Ǿǿ t"'HTER OF HIFOF{f>i!=HIUi'.l 01\!LY nND CONFIږI;::-3 rm RIEIHn:; UPON "fHC Ct:::FxTIFICElTE HOl.DEH. THJ.ځl CEfniFlCATE.: DOES 1\!0T 1-.ȃ>ȄTI:.h!D UfȀ f.:tLTEIچ THE COVEFڏrڐGE BY THE POL.ICIE::; Bt:::U)!tJ. NRMF AND ADDRESS OF AGENCY: COM:ANIES AFFORDING PIPAL-ANDERSON, INC. 1471 SHORELINE DR., #104 COMPANY n: American States P.O. BOX 7766 BOISE, IDAHO 83707-1766 COMPANY B: 1\lni·ru:::: n<>m 1-YODFH9::::;;:; or=- TN:3UhڎEJ) Ĝ Bodiford Construction Don Bodiford HCR 75, Box 2545 Garden Valley, ID 83622 CCHJ[ : 9JB CODE: : · =Í · r: n Iڇ: R A l-3 F Î= · · Ĥ: Ë= · 1-!-1 J Hi TO cun IF-Y THr.n POL J. C: 1 LS DF J. NE.)UHr-=it,!CE L. I SHFD HEL.Olڂ I lf:l',.JF' FN 1: bȁilJf: D rn Tl·if.: I Nf)I . .JHfڅ]) f',!i-41">1El) gڔ80'/E FTlf TI···IE PL::FH DD IN).) H::n-JED.. t.IOT!-JI TI-J::3-U4ND r: f-ژE:(;tUlHCME.:t·ڙT. TFFH•1 em CCJt-Wil" I [IN ClF AN'r' ClP OTHU< DDCLII'li:".NT l)ll I I rD CH Tl-l.U:3 CEIHif=-ICnTE 1v1nY BE .['3'3UED tH< t•H:w PE!iTrilN. ri·i::Ȃ. [\IF;I..Jp(-)1"-K:f} (-)FF:·oF·DED TI··!E PCll.... J C IEٽ) m.-t3CF A A GڕNERAL LIAB:LifY X roMMERCTAl GENE]^L ' . [ AB I LIT\' 01CC596763 07/07/89 TO 07/07/90 GE=EQA> AGGPEGnTE: $ 1,000 CLAIMS MADE X OCCUPRENCE X X (::rlJTO'•HJF: T 1 f.=tB Y 1 . . I TY i=H'-lY r-:1UTCJ flU_ Ol·Jr·.!F.: o IڋUTOڌ:; X '>CLH(DUI_f:"J.) f=llJTOS X 1. RU.) AUTOS X ڑON-OWNED AUTOS 13f1Rf113E T T i. I TV RODUCTS CO_P/OPS AGG: $ 1,000 OERSQڊAL & ADVERTISING INJURY: $ 1,000 c:r:::rcH ot:::cur
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