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CONSTRUCTION CONTRACT SANITARY PIPE LINING-2004 THIS CONTRACT, dated this 17th day of August, 2004 by and between the Citl6m1Ao£6v/yl0SCO\iV Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Planned Engineering and 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 ( 1) through four ( 4) and the following: 1. Advertisement for Bids; SANITARY PIPE LINING -2004; 3. Bid/Proposal of the Contractor, dated July 8, 2004, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addendum No. One attached to this contract 7. Change Orders which may be delivered or issued after the effective date of this Contract 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. ARTICLE2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: SANITARY PIPE LINING -2004 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete by September 30, 2004, 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 2004-42 ---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 Fifty Thousand Six Hundred Sixty-5ix Dollars ($50,666.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLES. 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. ARTICLES. 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 12. SPECIAL WARRANTY The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Contract The Contractor further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this Contract Any such activity by the Contractor shall make this Contract null and void. 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: Planned and Engineering Construction, Inc. 3400 Centennial Drive Helena, MT 59601 City: City of Moscow P.O. Box 9203 Moscow, ID 83843 PAGE 3- CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. /1 Conr )I ned and Engmeenng Construc!ton, Inc 89s; '0C L/V1ce resident ; . , . . . - /:_ŀr cA--=ǾUU- ACKNOWLEDGMENT ) ) ss County of ) to me to be the :fc;<=>ro and vice president of Planned and Engineering Construction, Inc. described in the above document and acknowledged to me they executed the same. M . . . lo· y commiSSion exp1res: ldi' ri' ( Date PAGE 4 ·CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL 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 SANITARY PIPE LINING - 2004, specified herein and which construction documents are on file with the City Engineer, City Hall Annex, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on fhe following declarations as to the facts, intention and understanding of the undersigned and fhe agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their tem1s 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 fhose 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 fhe full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying fhis 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 perfom1ance 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. 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 fhe City Engineer. 8. The undersigned, as a bidder, acknowledges that Addenda Number Jf / through have been delivered to him and have been examined as part of fhe contract documents. 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. Page 2 ---PAGE BREAK--- ·•ƒcs; uc c:UU"'t 4: 12PI'1 ADDENDUM #1 Sanitary Pipe Lining - 2004 [PHONE REDACTED] II, Tbe undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements, Information herein must comply with Idaho Code Section 67-2310 and lB- 16: 12. The undersigned proposes to W,h labor, materials, equipment and services of all kinds required for SANITARY PIPE LINil"G - 2004 as described in the specifications, including aU appurtenant wotk, all as required l:)y the specifications and this proposal for the prices in accorda11ce with the completed schedtjile contract prices as follows: Item No. I. 2. 3. 4. Item Description Mobilization* Pipe Lining, complete Lateral Reinsmtement Grout Laterals *Not to exceed 5% of total bid. BID SCHEDULE Quantity & Unit 1 Lump Sum 814 Lineal Feet 20 Each 20 Each Total Bid Unit Price $ 'ft(ffi per J.f. per ea. " s L/5(} per6l. $ Total Price p.3 ---PAGE BREAK--- Public Work License No. SEAL (if incorporated) This day Page 4 ---PAGE BREAK--- Llt::; aT Moscow August 2, 2004 ADDENDUM NO. ONE City of Moscow P ject: SANITARY PIPE LINING- 2004 Project No. 107-004 [PHONE REDACTED] The following changes, additions, clarifications, and/or deletions are hereby made a part of Moscow's SANITARY PIPE LINING- 2004 project, as fully and completely as if the same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as set forth herein, shall become an integral•part of any contract entered into by and between the Owner and the Contractor. The quantity of pipe lining is hereby reduced to 814lineal feet; lateral reinstatement is reduced to 20; grout laterals is reduced to 20. Util/zl! the attached page 3 BID SCHEDULE to include with the bid proposal. 2. Delete the requirement for lining the pipe within Blaine Street as shown on Dwg. Ċo. 1. 3. Page WL-1: Change the total length of pipe to be lined to 814 feet which is the addition of the individual shown in that column. Change the number of existing services to 20 given in Note 4. Teclmical Specifications Section 15088. Page 5 of 16: Under subsection 1.06 Suppliers add CfPP, CORPORATION as an approved manufacturer. 5. Teclmical Specifications Section 15088. Page 6 of 16: Under subsection 2.02 Physical Properties delete the ASTM D638 requirement for tensile strength. 6. Technical Specification Section 15088, Pages 14 and IS of 16: Under subsection 3.14 Testing delete the following sentence: 'Tensil strength shall be tested in accordance with the requirements of ASTM D638.' Receipt of ADDEJ';l>UM NO. ONE must be acknowledged. This document must be signed and attached to the hid to acknowledge its receipt: p.2 ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Planned and Engineered Construction, Inc. 3400 Centennial Drive Helena, MT 59604 as Principal, hereinafter called the Principal, and Western Surety Company P.O. Box 5077 Sioux Falls, SO 57117-5077 a corporation duly organized under the laws of the State of SD as Surety, hereinafter called the Surety, are held and firmly bound unto City of Moscow 206 East 3rd Street Moscow, MT 83843 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars 5.00% 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 Sanitary Pipe Lining 2004 Project NOW, THEREFORE, if the Obligee shaH 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 sufficient 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 perform the Work covered by said bid, then this ob!lgaf1on shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd day of August, 2004 (Witness) Western SuretĨ5Qmpany (Witne ǽ AlA DOCUMENTA310 • BID BOND • AlA i!l• FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCH!TECIS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Seal) ---PAGE BREAK--- \ "estern Surety Corr.,..>any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having itw principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Patrick S Me Cutcheon, Sharon M Pfeiffer, Fred H Wardinsky, Jonathan M Emmons, Sarah W Kelly, Ted Fedyk, Individually of Helena, MT, its true and lawful Attomey(s)xin¥Fact with full po-wer and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the Byy Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 26th day of March, 2004. WESTERN SURETY COMPANY State of South Dakota County of Minnehaha On this 26th day of March, 2004, before me personally carne Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2006 y Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the ByyLaw of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corpomtion this 3rd day of , 2004 WESTERN SURETY COMPANY Form F4280-0I-02 ---PAGE BREAK--- NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Fam F73i0 ---PAGE BREAK--- Construction Performance Bond Bond No. _ Any singular reference to Contractor. Surety. Owner or other party shall be considered olura! where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Planned and Engineered Construction,lnc. 3400 Centennial Drive Western Surety Company P. 0. Box 5077 Helena, MT 59604 Sioux Falls, SD 57117-5077 57117-5077 OWNER (Name and Address): City of Moscow P O.Box 9203 Moscow. ID 83843-1703 CONSTRUCTION CONTRACT Date: August 17, 2004 Amount: ($50,666. 00 ) Fifty Thousand Six Hundred Sixty Six Dollars and 00/100 Description (Name and Location): Sanitary Pipe Lining-2004 BOND Date (Not earlier than Construction Contract Date): August 25, 2004 Amount: ($50,666.00 ) Fifty Thousand Six Hundred Sixty Six Dollars and 00/100 Modifications to this Bond: None h CONTRACTOR AS PRINCIPAk SURETY ' jY 0 See Page 3 (Corporate Seal) Company: , _ orporat Company: Planned and Engineered Cons7D6JCB / urc::ecotyc...: y _ Signature: Name Name and Title: Attorney-in-Fact Jonathan M. Emmons EJCDC No, l910·28A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee. The Associated General Contractors of i\menca, and the American lnstilure of Architects. 00610 ---PAGE BREAK--- The Contractor and the Surety, jointlY d 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 Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contrador and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later that 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 be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract 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 Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shaH and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contact itself, through its agents or through independent contractors; or 4.3 Obta'1n bids or negof1ated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with the performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonJb!e promptness under the circumstances: 00610 2 After investigation, determine the amount for whkh it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractors right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construct'1on Contract, and the responsibilities of the Owner to the Surety shall not be grater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non·performance of the Contractor. 7 The Surety shall not liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shJI! accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors, 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligationÈ. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of the Paragraph are void or prohibited by law, the minimum period of !imitation available to sureties as a ---PAGE BREAK--- , defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 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 the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shail be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract 12.4 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. (FOR IN FORMA T!ON ONLY-Name, Address and Telephone) AGENT o< BROKERo Payne Financial Group, Inc. 1200 N. Montana Avenue Helena, MT 59604 [PHONE REDACTED] OWNERS REPRESENTATIVE {Architect, Engineer or other party): 00610 3 ---PAGE BREAK--- Construction Payment Bond Bond No. Ǽ9 2.,9:.c34,5"'9""92.,__ _ Any singular reference to Contractor Surety. Owner or other Party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Planned and Engineered Construction, Inc. 3400 Centennial Drive Helena, MT 59604 OWNER (Name and Address): City of Moscow P.O.Box 9203 Moscow, ID 83843-1703 CONSTRUCTION CONTRACT Date: August 17, 2004 Western Surety Company P. 0. Box 5077 Sioux Falls, SO 57117-5077 Amount: ($50,666.00 ) Fifty Thousand Six Hundred Sixty Six Dollars and 00/100 Description (Name and Location): Sanitary Pipe Lining-2004 BOND Date: (Not earlier than Construction Contract Date): August 25, 2004 Amount: 50,666.00 ) Fifty Thousand Six Hundred Sixty Six Dollars and 00/100 Modifications to this Bond: None 0 See Page 6 EJCDC No. 1910-28A (1984 Edition) SURETY 'c(:ompany: (Corporate Seal) Western Surety Company Signature: Name and Title: Auomey·in-Fact Jonathan M. Emmons Prepared through the joint efforts of The Surety Association of America, Engineers' joint Contract Documents Committee, The Associated General Contractors of America, and the American lnstituie of Architects. 00620 ---PAGE BREAK--- The Contractor and the Surety, jointlY, d severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, thls 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 daim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction 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, and 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 indirectly, for all sums due, 4 The Surety shalf have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract 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 make under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: . 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished 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 .3 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 indicated the claim wd! be paid directly or indirectly; and Not having been paid within 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 da\m is being made under the 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 obllgations shall not exceed the amount of the Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract 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 Surety 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 payment 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 subcontracts, purchase orders and other obligations • 1 1 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work of part of the work is located or after the expiration of one year from the date on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 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 or first occurs. If the provisions of the 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. 1 2 Notice to the Surety, the Owner or the Contractor shaH be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page 1 3 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 ln 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. ---PAGE BREAK--- 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall furnish 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 contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitations in the terms ulabor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: Payne Financial Group, Inc. 1200 N. Montana Avenue Helena, MT 59604 [PHONE REDACTED] used in t Construction Contract, architectural and engineering services required for performance of the work of the Contractor 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. OWNERS REPRESENTATIVE (Architect, Engineer or other party): 00620 3 ---PAGE BREAK--- NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 ---PAGE BREAK--- \ Jestern Surety Con .Eany POWER OF ATTORNEY APPOL"'TING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Patrick S Me Cutcheon, Sharon M Pfeiffer, Fred H Wardinsky, Jonathan M Emmons, Sarah W Kelly, Ted Fedyk, Individually of Helena, MT, its true and lawful Attorney(sHnuFact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confinned. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 26th day of March, 2004. State of South Dakota County of Minnehaha WESTERN SURETY COMPANY On this 26th day of March, 2004, before me personally came Paul T Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said co11Joration and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2006 + t : D. KRELL T ' ' $5NOTARY PUBLIC@T $ SOUTH DAkOTA $ t . CERTIFICATE ry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By· law of the COtlJOration printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed WESTERN SURETY COMPANY Form F4280..01...Q2 ---PAGE BREAK--- Client#· 17189 PLANNED& ACORD'" CERTIFICt. E OF LIABILITY INSUC t\NCE I DATE 09/04/03 : PRODUCER , Montana lnt'l. Inc (Heln C.L) P.O. Box 6127 1200 North Montana Avenue Helena, MT 59604-0638 INSURED Planned & Engineered Construction,lnc. P.O. Box 5535 Helena, MT 59604 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Argonaut Insurance Compam: INSURER 8: nr:Gt:IVt u !NSURER C: INSURER D: AUb 2 I :m ľ4 INSURER E: CiTV hM\0rrr THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 0 . 'õ0: .Ǻǻ 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. 4 TYPEOF IMOP ecr. s COMBINED SINGLE LIMIT $ (Ea accident) BOD!L Y INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident} $ I AUTO ONLY·PA ' OTHER THAN EAACC $ AUTO ONLY: AGG $ I EACH $ $ $ s $ 09/01/03 09101/04 IX I ; I I OJ- I E.l EACH. s100,000 I E.l OV
NON-OWNED AUTOS 1 ǷI HGE LIABILITY i- ANY AUTO LIABILITY = OCCUR D CLAIMS MADE R DEDUCTIBLE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? · c6d?1descnbe Wnd(;lr belo>A OTHER 05/01/04 CAP5499640 05/01/04 DESCRIPTION OF OPERATIONS I ) ADDEO BY I I SPECIAL . RE; Sanitary Pipe Lining - 2004; Certificate Holder is named as Additional Insured with regard to this project. 05/01/05 05/01/05 I CERTIFICATE HOLDER CANCELLATION unviNJURY I s1 non non I : s? nnn nnn ' AGG nnn nnn COMBINED SINGLE LIMIT (Ea accident) '1,000,000 BODILY INJURY {Per person) $ BODILY INJURY ' {Per accident) PROPERTY DAMAGE {Per accident) $ UT> ·EA I I s OTHER THAN EAACC I s AUTO ONLY; AGG I' >d nnn nnn •A nnn nnn Ls Is I s I , L I"J· E.L EACH I s E L. DISEASE · EA I s EL DISEASE · POLICY LIMIT I s SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Moscow PO Box 9203 Moscow, 10 83843 l DATE THEREOF, THE ISSUING INSURER WILL XƅKJ( MAIL _.iQ_ DAYS WRITTEN NOTICE TO THE CERT!ACATE HOLDER NAMED TO THE LEFT, :2JOcƆ8ƇWX. JMOOIRJIIJt.Rw.flƊ)OXƋJtƌMkƍƎxƏƐƑa:xxx I X-XOOOtli'XltX I i ACORD 25 (2001108) 1 of 2 #S164586/M150679 1CS @ ACORD CORPORATION 1988 ---PAGE BREAK--- i IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cert}icate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S {2001/08) 2 of 2 #S164586/M150679 ---PAGE BREAK--- ñACò 9 Hl!l 1 0:<'3AV c'AYN -6f'.(JMII' lt>.G. r"U\f'oiNI:.UO. -'>AG 1 ACORDw CERTIFICN - OF LIABILITY INSURP 'CE I DATE {M M/00/Y'tYY) • - 09/07/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION Montana International ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I P.O. Box 6127 HOLDER. TIHIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1200 North Montana Avenue Helena, MT 59604-0638 INSURERS AFFORDING COVERAGE NAIC # NSURED 'NS<.JR ERA: Cincinnati Insurance Companies Planned & Engineered Cons1ruction, inc. ;l I P.O. Box 5535 NS'""·f