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CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 3rd day of March, 1992, by and between C & R Plumbing and Heating, 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 26th day of February, 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: SPECIFICATIONS AND PROPOSAL FOR 24 INCH VISTA WATERMAIN II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement 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 February 26, 1992, 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 three hundred seventy-nine thousand, two hundred fifty-eight dollars and seventy-eight cents ($379,258.78) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as m said specifications and proposal provided. IV. Completion All work shall be completed by July 1, 1992. 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: C & R Plumbing and Heating, Inc. N. 6424 Government Way Coeur d'Alene, ID 83814 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 tbis agreement to be executed on the day and year first above written. Contractor: C & R Plumbing & Heating, Inc. B·'·LB¸ Vice Present Daniel R RUde and Secretaryetty L:Rlie City of Moscow, Idaho: .ą / s;;:2 By C * - . Paul C. ---PAGE BREAK--- ATTEST: STATE OF Idaho ) County of Kootenai ) On this 9th day of March , 1992. ¹efore me a Notary Public, personally appeare"'(f'Dailiel R. Rude (Pn¥?iaent) and Betty 1. Rude (Secretary) known to me to be the persons whose names are to the foregoing instrument and acknowledged to me that they executed the foregoing agreement. STATE OF c9J? n ) County of£<' ) 0_d4. Ota1)1Ui in and for State of Idaho (exp. 09/06/97) On thismday ofmº , 1992, before me a Notary Public in and for said State, appeared Paul C. 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. State of » ---PAGE BREAK--- I J , - . . ! \ i I I ' r I 'l I i' j' I I I I I I i , i ' ' EXHIBIT BID PROPOSAL TO: Mayor and City Council city of Moscow, Idaho Date: 02/26/92 / This proposal is submitted as an offer by the undersigned to enter inqo contract with the City of Moscow, Idaho as represented by the City council, hereinafter referred to as the 'CITY' for 24-INCH VISTA --WATERMAIN, 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 herebr 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 expsanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict referred to in paragraph 1 above, will have the same foret 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. 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. 2 ---PAGE BREAK--- I i. I I I I I I I ' I ' f ' I I l ' I ' \ - J . • 8. 9. The undersigned, as a bidder, acknowledges that Addenda NUmber One through have been delivered to him and have been examined as part of the contract documents. 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 c-03610 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty Amount a. Poe Asphalt Asphalting $23,220.00 b. c. _ 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for'24-INCH VISTA WATERMAIN, 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: ITEM NO. 1. 2. 3. DESCRIPTION Mobilization (not to exceed 5% of the total bid) Main connections A. No. one B. No. two c. No. three D. No. four E. No. five Trench and pipe A. Trench type incl. 24 -inch pipe, complete BID SCHEDULE QUANTITY & UNIT Lump sum Lump sum Lump sum Lump sum Lump sum Lump sum 1,823 Lineal feet 3 UNIT PRICE 55.68 TOTAL PRICE 17,403.00 9,782.48 8,063.30 14,416.41 5,049.14 1,381.81 101,504.64 ---PAGE BREAK--- [ ) ' . r · I ( ! , . . -Ą I •J I I l I ) B. Trench type incl. 24-inch 193 pipe, complete Lineal feet 59.86 11,552.98 c. Trench type incl. 24-inch 2,194 pipe, complete Lineal feet 48.56 106,540.64 D. Trench type incl. 12-inch 420 pipe, complete Lineal feet 31.67 13,301.40 4. 24-inch butterfly 2 valves Each 3,390.68 6,781.36 5. Fire hydrants/flushing Lump assembly, complete sum 7,189.98 6. Replace existing 12- / inch gate valves, 2 complete Each 1,066.83 2,133.66 ' 7. 4-inch thick 1,500 asphalt patch sq. yards 32.44 48,660.00 8. Creek crossing, complete Lump sum 25,497.98 TOTAL AMOUNT BID . . • • • • . . . . . . • • • • • • $-=379,258·78===== SEAL (If Incorporated) Dated at Coeur d I Alene, ID This 26th a - y r_u_a_ry 1992. 4 SignatureAder Daniel R. Rude Vice President 1 Official Title N. 6424 Government Way Coeur d'Alene, l iD 83814 Mailing Address 6078-AAA-4(16,33) Public Works License No. IDAHO State of Incorporation, if incorporated. ---PAGE BREAK--- ADDENDUM NO. 1 February 13, 1992 Plans and specifications for: 24 INCH VISTA WATERMAIN PROJECT NO. 112-91 The fittings necessary to plumb main connection no. 1 are modified in accordance with the attached drawing. The fittings shown on the attached plan shall be furnished and installed in accordance with Technical Specification Item 2 - MAIN CONNECTIONS. Adjust the description of fittings given for this connection in the Technical Specifications accordingly. Receipt of all addenda must be acknowledged. This form must be signed and attached to the proposal to acknowledge receipt of addenda. 02/26/92 Date dder Daniel R. Rude, Vice President C&R PLUMBING AND HEATING, INC. ---PAGE BREAK--- Bond No. Gt&\T i\IVERIC@ INSURt\NCE COMPANY OHIO BID BOND Approved by The American Institute of Architects, A .I.A. Document No. A 310 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we C & R Plumbing & Heating, Inc., 6424 N. Government Way, Coeur d'Alene, ID 83814 as Principal, hereinafter called the Principal. and the GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto City of Moscow, 122 E. 4th St., Moscow, ID 83843 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount of the Contractor's Bid - - - - Dollarĩ 5% of Bid for the payment of which sum well and truly to be made, and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by t hcse presents. WHEREAS, the Principal has submitted a bid for _ 24-Inch Vista Watermain (Project No. 112-91) City of Moscow, Latah County, Idaho 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 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 obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ,day of _ F _e !9__23_d INC. (Seal) Daniel R. Rud , i!c!"t!fePresident GREAT AMERICAN INSURANCE COMPANY (Seal) ( urety) BY (.AlfO Walt e ? WOi;(Tttonz;y:;;;:;act) ---PAGE BREAK--- . . GtEt\T AM:RICl INSURMICE COMPANY . The number of persons authorized by this power of attorney is not more than No. 0 13295 FIVE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GRE:\ T AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the law.; of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in 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. Name Address Umit of Power Don Durall Judith A. Rapp Walter W. Wolf Jo Ann Mikkelsen Christine L. Larson All of Spokane, Washington This Power of Attorney revokes all previous powers issued in behalf of the attorney( s)-in-fact named above. All Unlimited IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1st day of August . 19 91 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: On this 1st day of August, 1991 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts oj suretyship, or other writcen obligations in the nature thereof · co prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though mtlnually affzxed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 26th S1 029M (03/90) day of February '19 92. ---PAGE BREAK--- Bond No. 6 68 64 35 GtFAT AIVERIC@ INSURANCE COMPANY OHIO PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, C & R Plumbing & Heating, Inc., 6424 N. Government Way, Coeur d'Alene, ID 83814 as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly organized to transact business in the State of Idaho as Surety, are held and firmly bound unto City Of Moscow, 122 E. 4th St., P. 0. Box 9203, Moscow, ID 83843 as Obligee in the sum of Three Hundred Seventy Nine Thousand Two Hundred Fifty Eight &78/lOCDollars, ( $ 3 7 9, 258. 7 8 for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 16th day of March 19 92 . WHEREAS the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 3rd day of March , 19 92 , for NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of the Principals failure to complete the work in accordance with the terms of the contract, then this obligation shall be void; otherwise it shall remain in force. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given by the Obligee to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202. AND PROVIDED FURTHER, that no action, suit or proceeding. except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expira · f the maintenance period, but not afterwards. PLUMBING HEATING, INC. GREAT AMERICAN INSURANCE COMPANY By: Wett..v w. w,tl t Walter W. Wo f7 Attorney-in-fact F.9608D- (3/82) ---PAGE BREAK--- Bond No. 6 68 64 35 GtEAT ANEmC@ INSURANCE COMPANY CINCINNATI, OHIO PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we, _ C & R Plumbing & Heating, Inc., 6424 N. Government Way, Coeur d'Alene, ID 83814 as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of I_d_a_h_o _ as Surety, are held and firmly bound unto _ _ . . _ 4_ _B_ox_9--2_ 0_ , o_ s_ c_o_w_,,_I_D_8_3 _8_4 _3 as Obligee in the sum ofThree Hundred Seventy Nine Thousand Two Hundred Fifty Eight & 78/lOi?.>ollars, 3 79,285 • 78 for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this l_ 6_t_h day of M_a_r_c_h l9 92 · . WHEREAS the Principal and the Obligee have entered into a written contract. hereinafter called the Contract, a copy of which is or may be attached hereto, dated the day of M_a_r_c_h , 19 92 , for _ 24-Inch Vista Watermain - Project 112-91 NOW, Therefore, the condition of the foregoing obligation is such that if the Principal shall make payment to all persons who have contracts directly with the Principal supplying labor and material in the prosecution of the work provided for in said contract, and in all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise it shall remain in force. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office, 580 Walnut Street, Cincinnati, Ohio 45202. AND PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six mont rom the expiration of the maintenance period, but not afterwards. C & PLUMB I G & ATING, INC. F.96090- (3/82) By: WtiE ;:;Oi..EES OF INSURANCE LlSTED BELCō HAVE ±EEN ISSUED ro THE INSURED NAJ1ED ABOVE ŎOR THE POLICY PERIOD: INDICATED؝ PNY REQUIREMENT! OR CCŗDITJON OF PNi' CLI'HRACT OR GTŏER DQC[jifl'iT WITH RESPECT TO WHIC؉ IHjS C::RT!FlCATE rAY 3E iSSuED G، i14Y >l£RTA1N. Ti-lE INSURANCE BY THE POLiCIES DE3CRiBED HEREIN lS SUBJECT AL² THE TEŖi1S. E.ŐCLUSI Cr:'iS A.ND CG:؞D!"i'IC!NS OF SUCH POLl Cl ES. SHill.J 1"'AY !1.4VE am. REDuCED BY PAID CLAir1S. ?OU CY EXP. ; þ L iR: T;'P£ OF INSURANCE ؙJLI Ci NL,"tBER 00UCY EFF. jAiE JATE LIMITS 3ENER,i.. LiA-I LIT" Cu.-:mr-c!ai General LJaO!] r ty, ئ J Claims Mad [ j Gccur. i 0t1!'er-· & Co'lt:·artor's Pra1,, E : _ 0RODLICTS-C0.'1P/OP AGGREGATE : - ' DV¯ • · : _ : ' -OC-C=:..c U ' : FJRE DAI'!AGE (AnY one f 1re1 ; -ÿ : MED. £),PENSE \Any one ;m·son) ؟ul[kؠ1 Q8!Lء LIؗSl:.. ! 1 r CG:18li'iED SINGLE , ؍ J r1nY Auto J Al O'tmed Autc•s } ;cheduied Autos ; Autos . L 1 أio::-0\,Jned Auؤإs J Gar·age ă1aor l tY S\CESS .lABlLITv 1 UMBRELl.A FORi'l : Other Than Umbre; 1 a J:or·rn :.JrYT'EI;؇ l'A IN r; :CI OF f'l03COJ P 0 BOX MOSCOW. ID 83843-1703 ITS AGENTS OR REPRESENTATIVES. ---PAGE BREAK--- . : ) POLJCY NUMBER: 11( 2370 'COMMERCIAL GENERAL liA81LlTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL INSURED- OWNERS, LESSEES OR C&NTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Per$on or Organization: CITY OF MOSCOW (If no entry appears above, information required to complete this endorsement will be shown rn the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arrsing out of your work" for that insure> by or for you. CG 20 10 11 85 Copyright. Insurance ervies Office. Inc., 1984 [ ---PAGE BREAK--- ICׯf·1rװױr·r{3 NR3, I rc: tt r nc:x ף1פץק.צ l o INSURED PLUMBING S HEATING c F t rr l·J r, Y cnr:ur D' r·\I...FNF 1 D o:·כn t !t Q OCCURRENCE OI':NER S & CONTRACTORS PROTECT VE AND EMPLOYERS' LIABILITY Nl t.ND 1t.l'( I l'·ll:: nn r.·,Nfl r1t1rם :nוr:· l:l. 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. COMPANY A LETTER COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE CNA INSURANCE COMPANIES 06/11/92 06/11/9. $ $ l,000 EACf< AGGREGATE OCC·RRENCE $ :1.,000 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS r: Fr·: T F J C r l F l·l D L. 1'1 r fא J ז·ח i D Dr D fט· rי· D D J' T Hl N : HWf>lmFD PEf< THr: f4TT MךHf:.r) COn> l 0 :.:מlt I NCJ-1 t) I ST Wfi TFIב גhi IN FfJI< T1 lF F'CI..I . . OL.J I TW pr::(],_!ECl ø CITY OF UlU::VCmJ, c :r l'r' rwncoר.J 0 ObC nה,J 1 I D G;Ⱦ G.ft 1 0 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. ---PAGE BREAK--- ) . POLJCY NUMBER: 110592370 COMMERCIAL GENERAL l!A8ILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ JT CAREfULLY. ADDJTIONAL INSURED- OWNERS, LESSEES OR C.ONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Per$on or Organization: CITY OF MOSCOW (If no entry appears above, information required to complete this endorsement will be shown,, the D³clarations as applicable to this endorsement.) \ WHO IS AN INSURED (Section II) is amended to include as an insured the person or organiz3tion shown in th-e Schedule, but only with respect to liability arising out of "your work" tor that insured by or for you. CG 20101185 Copyright. Insurance §ervi=es Office, Inc 1984 · - - . c · . . . . - - .