Full Text
CONSTRUCTION CONTRACT THIS AGREEMENT, 1994, by and corporation of dated this between the the State 3rd day of October , City of Moscow, Idaho, a municipal of Idaho (hereinafter, "City"} and P K CONTRACTORS, 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 and the following: 1. Advertisement for Bids; 2. Project Specifications titled : City of Moscow, Id Wastewater Treatment Plant Sludge Dewatering Faci1itiei 3. Bid/Proposal of the Contractor, dated July 7 , 1994, to be physically attached to this Contract; 4. The Engineering Plans; s. 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 Agreement; 7. Addenda issued prior to opening of bids, to be physically attached to 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 Specifications. CONSTRUCTION CON1RACT PAGE 1 94-71 ---PAGE BREAK--- . . ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before Two Hundred {200 calendar days from the issuance 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. ARTICLE 4. 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 011t/Ji//, S:-x lledrei7werlj-x.r-.a7kv>a..,/EfJ6tffrardrd F;By&ve DOLLARS 1, 627,855. OQ). Said Contract Sum shall be paid 1n 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. ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. CONSTRUcnON CONTRACT PAGE2 ---PAGE BREAK--- ARTICLE 7. BOLD HARMLESS/INDEMNIFICATION In addition to other rights granted the City by the Contract Documents, the Contractor shall indeTTU'lify and save harmless the · 1 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 through use of unacceptable materials in constructing 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 Workmen1s Compensation Act or any other law, ordinance, order or decree. ARTICLE 8. 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/Engineer and the City. ARTICLE 9. 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 of Moscow. CONSTRUCTION CONTRACT PAGE3 ---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 the 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 of 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: PK CONTRACTORS, INC. CONSTRUCTION CONTRACT PAGE4 P.O. Box 3384 Spokane, WA 99220-3384 ---PAGE BREAK--- City: City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. On this Notary of the Clerk City Attorney ACKNOWLEDGMENT sĮV\r\į£1..? 1 1994, before me, a ĭf M ho,Wt\Sttt>Ġ"tƽonally appeared ' in his official capacity as known to me to be the person described in and acknowledged to me he executed the same. CONSTRUCTION CONTRACT PAGES Notary PuƼlic residing at lAe J J A Q. Qh.MAL:+'D My Commission expires l-zo-j8 ---PAGE BREAK--- ACRNOWLEDGMENT 1.1 a fi-r-/ On this day of (.0ĩĪ 1994, before me, a Notary Public of the State of Idaho, personally appeared Paul C. Agidius in his official capacity as Mayor of the City of Moscow, known to me to be the person described in the above document and acknowledged to me he executed the same. ĺ / ' :J On this J' Ƹ , L-L-- ,Notary Public r siding at ƺ?2:0:--,z..:ƻQL; My Commission expires / / I I ACRNOWLEDGMENT 1994, before me, a ;e-1! day of ķtJĸ-t'..e.zdĬ;t.ll.ld&t4;'/ Notary Public of the State of Idaho, personally appeared Elaine Russell in her official capacity as Moscow City Clerk, known to me to be the person described in the above document and acknowledged to me she executed the same. CONSTRUCTION CONTRACT PAGE6 ---PAGE BREAK--- I BID PROPOSAL To: Mayor and city Council citY of Moscow, Idaho Date: JULY 7 1994 --۲===-۳۴۵ 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, 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 tefs and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself agare 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 exhlanation 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 waive technicalities, accept or reject any bid item deemed to be in the best interest of the City. c - 1 SECC.M-6 Jl6le 3, 1994 : . ! I! : I' :II l i . ' I! ---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 Number 1 through ۮ 4 have been delivered to him and have been examlned as part of the Contract Documents. The undersigned agrees to complete all work embraced in the Contract by the date set forth in Section 0 1010-1 of the Specifications. The undersigned holds Idaho State Contraft0Ò1S License Number 10860-AAA-1-2-3 . W f' ijrx. 1:۱'(0 -AAA· 1-2-3 ·ۯt۰l fJVI'Q.f& floĴ'\ The undersigned proposes to use the following subcontractors in the performance of meeting the Contract requirenents: . . f ;(ˠI tv. ·-vrkt ,·1'1 f/vfr:6,\•1jr . l f /1 77. AA;f- 4 3 3-f '3 7 4-3 -IG) Ħ:.ctħ-f i'fi5(11C..f v ˡ Ñ I / .I . . subcontractor Trade Specialty Ó..mount K f1,_1S B e:c.feJ c 11Electrical11 2:17 coLiOĵ bhĶ1NNo·rJ PluAA1-A'i 11Mechanical11 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for the Moscow wastewater treatment plant1 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. Bid price(s) shall include all permit tees, sales tax and other taxes required by law in the place where the work is performed. The bid price(s) is/are to be shown in both words and figures. In case of discrepancy, the amounts shown in words will govern. c - 2 SECC.M·6 JLrfe 31 1994 i I I I I II ll ll ---PAGE BREAK--- I I l I I I I a I I I I BID ITEM I-1 I-2 I-3 jƷ4 . I-5 I-6 I-7 I-8 I-9 I-10 I-ll I-12 I-13 I-14 I-15 I-16 I-17 I-18 I-19 I-20 SEC:C.H-6 SCHEDULE I CITY OF MOSCOW, IDAHO CONSTRUCTION OF WWTP SLUDGE DEWATERING FACILITIES SECTION BID ITEl1 NO. DESCRIPTION Mobilization (Max. 5% of Total Bid Schedule I) Utility Water Pump system Plant Drain Pump Station os Pumps Polymer Feed system Sludge Grinder Polymer/Dewater- ing Building WWTP Site Work Electrical Supply Yard Piping Concrete Work Belt Filter Press Sludge Conveyor Electrical/In- strumentation Painting, Misc. Chemical Building Dechlorination system Chlorination System scrubber Facility HVAC c - 3 ESTIHATED $ UNIT $ TOTAL QUANTITY PRICE AMOUNT 1 LS 15, O::x:>ce 7S;eYff 1 LS ĨĩtffitĪ Ěě ,Vctf8 ģ'\UIV 1 LS 89: ę 3o,\ 2 LS rf.5(JJ():J l5 [)DrfB t&w " 1 LS ,Lt5ltrP9.- 2 LSÔ İLl-.aJP- n_jt:flJĢ 1 LS 67 ı66)ocx:JE t! 1 LS }151,355Ĥ /62/355ĥ 1 LS (/2f8p::dIJ 1 LS Õ Ĭĭ:...uĮ JU- 1 Lƶ ĜĝĞ ƴ, 1 o oocP:.. 1 LƳ 1ğ.Ġ ġĢģ) o.:xf_; 1 LSÖ īSUNt ğ f£;5_,Ĥ 1 LS ĥ2o;:af iĦ) (Yjj-iJ_ 1 LSV..ĞĖ× f€˟o oooc:.J.. ' 1 LS Ø ėĘ į661oocP- 1 LS 5 ˞ 1 LS ħLJsocl l lJ.tMPSUM llift:':.:X>lx ġS.uvt li35; C/X)dl. E{j)F Ġ Ĺi 1JJ.-.atP9-- , June 23, 1994 ---PAGE BREAK--- CHEDULE I -P MOSCOW, IDAHO CONSTRUCTION Of WWTP SLUDGE PEWATERING FACILIT!ES BID SECTION ITEM No. 1-21. BID ITEM DESCRIPTION Solution Water Pumpinq ESTIMATED QUANTITY TOTAL BASE BID Sulfur Dioxide Feeder Loop controller ADDITIVE lTEM #l Building LS ITEM #2 LS ADDITIVE ITEM #3 Dehumidifier for Dewatering Room LS 6 ()fJOĝ $ TOTAL AMOUNT &oB EQUIPMENT ITEMS. certain items of major equipment to be provided under this Contract are tabulated in the Schedule of Manufacturers and suppliers of Major Equipment and Material Items. _ In connection with the tabulation of major items of equipment 'included in the Bid Schedule the following shall apply: ·t . 1. The lump sum shown in the Bid Schedule shall include the installed prices from those manufacturers listed by the owner as "Base Bid." The contractor may add additional manufacturers, but only the manufacturers listed by the owner as "Base Bid" will be considered in determining the low bid. 2. The Owner may select items of equipment of any manufacturer liated. ƫƬƭƮƯưƱilif>': :.үҰt- ķ . RAW!NG El . 2 EECTRICAL SCHEDULES 1 . Pow@r conduit schedule - Change P+10 Ңsc to Chlorination/Dect;lorination building$ (spa:z;-e) . 120B74E.9D10 2 . Control conduit change condui ts . c-16A from 1 " to 2 " and C-16S from 1" to l l/4 " . DMWING E-4 . 1 CHLORlNA'nON/DECHLO.P.INATION BT.JII,DlNG - ELt:CTRICAJ., PLANS 1 . Exposed c;onduit in the building sha l l be Schedule S O PVC for control and powe: ҩonduit$ and PVC co-ted 9alvanized rigid stee: for siqnpl eonduits . 2 . Panel line up in bui lding shall be coordinated priҫr to const:z;-uction . Provide the following: a . b. 42" spacۤ tor future dis tribu.ion pnel H01.in panel cMe P . 03 NČ! čĎ QďĐ! !đ1 tr!l:Ēēn U l Ĕ ug:H 1 - - · - . - - - - - · . . . . . . - · J. t I Il l 3 - Show tne fol low1ng coodulL:.; uu l'loll and Elle-ve>l.:i.on o , P-10, C lۡA, C-l7A, C-18A, c-19A. See conduit//ire schedulas, Drwinq E1 . 2 . Also , rƝfer to plans nd Addenda #2 and 83 for additionҬl conduit& not indicated in sched۩le$ . DRAWING E4 . 2 ONE LlNE DIAGRAM AND DETAILS 1 . 4-20 ƞ block schem۪tic. 4-20MA wiring shƟll be run in PVC co?ted 9alvaniz5d rigid steel conduit . ORA'f!INGS E4 . 3 i E 4 . 4 CHLORINE/DECHLORINATION SOIL DING - WIP-ING DIAGAA..l.JS l . Reference arrows retҠ:rrinq to RTQ and Control/Monitor ·outputs . Shall be changed to operate from the appropriat• relay or auxiliary contact source. Ptovi de 2 wires from eۢch contact to the Taۨinal Cabinet - •ere • . 2 . Provide interconneƠting condui t from MCC-C ҧnd Controllers for control to 'CTC ' . Provide a minimum o f 2 spare vires or 25% spۥre trom eoch controller to 'CTC ' . GtlaRAL INf'OҨTlON . " · " ' " . . ' ĵ I . . .ll . h , l ҭ ( Ak• l l ka I I I I I I I I I I 2 - MCC c&bin•ts shall be a NEMA 4 enclosure with startets and vro • s mounted ina1da. Provisions shall be provided to direct all he0t sources to the *ơterior of the cabinet . l . Provide Ĵ ignal c6ble Ķs follows tor the computer dҥta hi ghway. a. Lңb bulldihg computer to terminal cabinet ' LTC' - tl6 1'SP, l"C. b . ' LTC ' to Chlorination/Dechlorination building ' CTC ' ( 4 ) Ҥ16 TSP Via conduits C-7A, B , C-7C and C-l6A. c . 'CTC' to Dewatet building ' O!C ' #16 TSP via condu its c-us. The •lectrical contractor shۣll tҦpe and/or insett eddenda itemƢ in each set of dravinqҪ and apecific•tions, which are t.o be und on th˗. . . . Ï - · Ð. ---PAGE BREAK--- CERTIFICAlt: OF INSURANCE DATE (MIIWDIYY) 10/13/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SEDGWICK nAMES OF WA. I NC . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O BOX 2 1 5 1 ALTER THE COVERA-GE AFFORDED BY THE POLICIES BELOW. SPOKANE• WASHINGTON 99210 I COMPANIES AFFORDING COVERAGE COMPANY A INSURED _ _ _ l _ _ COMPANY i B NORTf:iERN_. INS CO OF NEW YORK P K INC. I COMƧANY P . O. BOX 3807 SPOKANE• WASHINGTON 99220 COMPANY I D COVERAGE$ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. · ;r TYPE OF INSURANCE I POUC:Y NUMBER POUCY EFFECTIVE I POLICY EXPIRATION uurrs LTR DATE (Mioi/DDIY) DATE A GE NERA L UABIUTY EPA07948277D lxi COMMERCIA L GENERAL LIABILITY ċ CLAIMS MADE IX] OCCUR OWNER'S & CONT PROT d Î A ĊOMOBILE LIABIUTY I ECA1 1886679C X ANYAUTO I ALL OWNED AUTOS SCHEDULED AUTOS 1- I X HIRED AUTOS x_ NON·OWNED AUTOS GARAGE LIABIUTY rl ANY AUTO i I A EXCESS UABIUTY UBA68122879B Xl UMBRELLA FOAM OTHER THAN UMBRELLA FOAM A WORKERS COMPENSATION AND TC5221 1 8491 EMPLOYERS' UABIUTY I THE PROPRIETOR! INCLI PARTNERS/EXECUTIVE EXCL OFFICERS ARE: 12/01 /93 1 2/01 /94 12/01 /93 12/01 /94 12/01 /93 1 2/01 /94 9/24/94 9/24/95 GENERAL AGGREGATE PROOUCTS.COMP/OP AGG PERSONAL & AOV INJURY I EACH OCCURRENCE FIRE DAMAGE one rore) MED EXP (Any one persoo) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY · EA ACCTO"NI OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH AGGREGATE · - [ STATUTORY LIMITS EACH ACCIDENT - OtsF-AS£ • POLICY LIMIT · - DISEASE • EACH EMPLOYEE $ 2000000 s 2000000 s .1000000 s 100000() s 50000 $ 5000 s 1000000 $ $ $ s s s . 1000000 $ 1 000000 s $ 100000G _L_lOOOOQO s 1 000000 om'" SUCH INSURANCE AS I S AFFORDED BY THESE4POL I C I ES SHALL ALSO ApPLY TO THE C I TY OF MOSCOW AS ADD I T IONAL I NSU EDS INSO AR AS OpERATIDNS PERFORMED BY THE NAMED INSURED ON T jE REFEREACED PROqECT. . i l i DESCRIPTION OF OPERAT10NSII.OCATIONS/VEHICLESISPECIAL ITEMS AS RESPECTS: WASTEWATER TREATMENT PLANT SLUDGE DEWATER ING FAC IL ITI ES MOSCr, IDAHO CERTIFICATE HOLOER CANCELLA'fiON SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE lliE C I TY OF MOSCOW EXPIRA110N DATE THEREOF, lliE ISSUING COMPANY WILL MAIL 1 22 EAST 4TH STREET _1_5_ DAYS WRITTEN NOTICE TO THE HOLDER NAMED TO lliE LEFT, P. 0. BOX 9203 X )(l)f=X«««)OďJ( KcXJ۞l)(l )eO(*O*O۠ XIۘ MOSCOW, IDAHO 83843 X ۜrX OOX(Il>ːX'*X!X>Mˑt»-X »!J(E)G˓Xd(lXGt˔St˕˖we-5> I 1\JTHOJZED RtAESENTAG i_ ƨffi . . B ҟ Ď ACORD 25-S (3/93) WM. G. D INNEEN 1i ACORD CORPORA nON 1993 ---PAGE BREAK--- ISSUE DATE (MM/OONY) INSURANCE b.-ĉDER . 10/14/94 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. - PRODUCER SEDGWICK EAMES OF WA, INC. PO BOX 2151 SPOKANE, WASH INQTON 99210 CODE SUB-CODE INSURED P K CONTRACTORS, INC. ; THE C ITY OF MCSCOW1 8c ALL SUB CONTRACTORS ATIMA P. O. BDX 3807 SPOKANE, WASHINQTON 99220 CGVERAGES TYPE Of INSURANCE PROPERTY CAUSES OF LOSS BASIC BROAD SPEC. IliSE (fon.v QAO person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per peqon) $ BODILY INJURY (Per accldenl) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT. s UNINSURED MOTORIST $ $ - : SCHEDULED VEHICLES . ACTUAL CASH VALUE STATED AMOUNT OTHER EACH OCCURRENCE AGGREGATE 1$ $ $ Ë _ _ Ì. Í- OTHER THAN UMBRELLA FORM ET ATE IM AD ' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ˊ SELF.JNSURED RETENTION $ WORKER'S COMPENSATION ANO EMPLOYER'S LIABILITY STATUTORY LIMITS EACH ACCIDENT OISEASE·POLICY LIMIT DISEASE-EACH EMPLOYEE $ $ $ SPECIAL CONDITIONSIOTMER COVERAGES ALL R ISK BUILDERS R ISK EXCLUDING QUAKE AND FLOOD ON WASTEWATER TREATMENT PLANT FOR THE C ITY OF MOSCOW IDAHO. LIMIT OF . Ì . - - L I AB IL ITY OF 627, 855 WITH 000 DEDUCTIBLE/SUBLIMITS OF $100, 000 ___EDR_IRANSIT ND_QEFSITE_IESIING_LS_ˋT'uw Nr.ˌ •ˍ tJҝ nˎ Ҝ NAME & ADDRESS· C ITY OF l'IOSCOW ATTENTION: QARY v. R IEDNER P. O. BOX 9203 MOSCOW, I DAHO 83843 ACORD 75-S (7J90J MORTGAGEE LOSS PAYEE LOAN # rj= I3 NT ADDn10NALINSUREO J Wt\.____9ۖ_JUJYۗE£_N _ _ _ _ A_ OO _R _o _co _ _ R o_ R_ A_ T_ IO_ N_ l_ 9_ eo · 60- 14 ---PAGE BREAK--- Bond No . B2413124 RELIANCE :INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, LABOR AND MATERIAL PAYMENT BOND The American Institute of Architects, AlA Documant A311, February 1970 Edition. THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND I N FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PER FORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that { Here insert full na·me and address or legal title of Contractor) PK CONI'RACTORS, INC . P . O . Box 3384 Spokane , Wa . 99220 as Principal, hereinafter called Principal, and, RELIANCE INSURANCE COMPANY, a corporation of the State of with its Head Office at Philadelphia, 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, Idaho 83843 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE MILLION SIX HUNDRED '!WENTY-SEVEN THOUSAND EIGHT HUNDRED FIFTY-FIVE AND N0/00-- Dollars 1 , 627 , 855 . 00 ) , 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 September 28 Owner for 19 94 WASTEWATER TREATMENT PLANT SLUDGE DEWATERING FACILITIES , entered into a contract with in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) Kimball Engineering W. 579 Hayden Avenue , Hayden, Idaho 83835 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OB LIGATION is sum that, if Principal shall make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1 . A claimant is defined as one having a d irect contract with the Principal or with 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 d irectly applicable 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 in 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 for the use of such claimant, prosecute the suit to final 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 of any such suit. ---PAGE BREAK--- Bond No. RELIANCE INSURANCE COMPANY HEAD OFFICE. PHILADELPHIA, PERFORMANCE BOND The Americen I n&titute of Architects, AlA Document A31 1 , February 1970 Edition. KNOW A L L MEN BY THESE PRESENTS: that (Here insert lull name and address or legal title of Contractor! B2413124 PK CONTRACTORS , INC . P.O. Box 3384 Spokane, WA. 99220 as Principal , hereinafter called Contractor, and, RELIANCE INSURANCE COMPANY. a corporatic; m of the State of with its Head Office at Philadelphia, as Surety, hereinafter called Surety, are held and firmly bound unto (Here full name and Bddress or legal title of Owner) CITY OF MOSCOW P.O. Box 9203 Moscow, Idaho 83843 as Obi igee, hereinafter called Owner, in the amount of ONE MILLION SIX HUNDRED 'IWENTY-SEVEN THOUSAND EIGHT HUNDRED FIFTY-FIVE AND N0/00-- Dollars 1, 627, 855 .00 ) • for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated September 28 19 94 , entered into a contract with Owner for WASTEWATER TREA'IMENT PLANT SLUIX;E DEWATERING FACILITIES in accordance with Drawings and Specifications prepared by [Here insert full name and address or legal title of Architect) Kimball Engineering W . 579 Hayden Avenue , Hayden, Idaho 83835 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 Contractor shall and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may remedy the default, or shall 1 ) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a de fault or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damag for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, les. the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner namec herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this \ [Witnq) 28th 2 7:č>< ˉ [Witn&l Linda Tichey Performance 8 oncl Revised to February, 1970 SB 571 Sax (1 I Printed in U.S.A. BDR·2304 ED. 7-71 day of September 19 94 J -C PD n"7 c-r nc=. (Seal) ćĈ (PrincipaH È / / / . /l -ij . ە ÉÊ 1( 1 . [Title) Attorney-in-Fact ---PAGE BREAK--- TO lnlJ;IJK »XvX X1M>X .tX XN:X X.X>WCOOXlX/0QKrX12 tTHORIZE.REPRESEGVE _ L)r(\ . Ҕ . Ĉĉ,'-A-ĊċČ ACORD 25·S (319$) WM. 0. DINNE:EN ® ACORD CORPORATION 1993 - ---PAGE BREAK--- . · · · : : ISSUE DATE (MM/OD/VY) 04/13c5 PRODUCER . . • . . - Ҋ - Ҍ - ҍ - _ _ _ -1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Stonebraker McQuary Agency P 0 Box 448 P 0 Box 9 Lewiston ID Clarkston WA 83501 99403 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A LffiER COMPANIES AFFORDING COVERAGE Houston General INSURED COMPANY B LETTER Quad Cities Construction P 0 Box 217 Pullman, WA 99163 COMPANY C LETTER COMPANY D LffiER COMPANY E LffiER · A THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN I THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLIC ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GEijERAL LJABILITY _ CLAIMS MADE - - ·x . : OCCUR. j OWNER'S & CONTRACTOR'S PROT. AUTOMOIILE LIABILITY X ANYAUTO ALL OWNED AUTOS POLICY NUMIER 06CMP9472773 : POLICY EfFECnVE DAlt (MMIDDIYY) 03/10195 POLICY EIIPIRAnDN DATE (MM/DD/VY) 03/10c6 LIMIT I : GENERALAGGREGATE ҉ PRODUCTS·COMPIOP AGGR. : : PERSONAL & AOV. INJURY - - EACH OCCURRENCE - - : FIRE DAMAGE (All\' one lire) - - q MEO. EXPENSE (All\' one per1an) ; COMBINED SINGLE i LIMIT j BOOIL Y INJURY j (Per person) $ $ $ $ s s $ 2,000,000 1 ,000,000 _1 ,000,0,99 50,000 5 000 1,000,000 SCHEDULED AUTOS HIRED AUTOS 06CMP9472773 03/10c5 03/10c6 · · · · . . · NON·OWNED AUTOS · GARAGE LIABILITY ; EIICE88 liABILITY ; BODILY INJURY ! (Per acctdent) · · · j PROPERTY DAMAGE $ ; EACH OCCURENCE l 1 ,000.1000 A : X UMBRELLA FORM 05UMB9472774 j 03/10195 03/10c6 : Ars-E(iAtE ʺ J ,Q_()()J_QQQ : OTHER THAN UMBRELLA FORM WOHlER'S COMPEII8AnON AND EMPLOYERS' LIABILITY i OTHER i • , STATUTORY LIMITS : EACH ACCIDENT : OISEASE·POLICY LIMIT . OISEASE·EACH EMPLOYEE ' v· . . · · · · · · : $ $ . . $ DEICRIPnON OF OPERAnONSji,OCAnOIITEHICLEI_Ll!PECIAl iTEMS PROJECT NAME: WASTE WATER TREATMENT PLANT, SLUDGE DEWATERING FACILITY, CITY OF MOSCOW. ADDITIONAL INSURED: CITY OF MOSCOW AS OWNERS. :ƙWlƚJ'ƛt&.J:Ɯ$ : . : . . CITY OF MOSCOW CITY HALL MOSCOW, ID 83843 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ..JJL. DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ʻ LIABILITY OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.