Full Text
CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 1 6th day of May, 1995, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Wilbur Fletcher, Inc. , (hereinafter, "Contractor"): WHEREAS, 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. Project Specifications titled : FILTER TANK PAINTING - 1 995; 2. SCHEDULE OF PRICES, attached to this contract. 3. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 4. Change Orders which may be delivered or issued after the effective date of this Agreement; There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change order as provided in the General Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to substantially adjustment of be performed complete on the contract CONSTRUCTION CONTRACT PAGE I pursuant or before time is to this Contract shall be September 1 , 1 995, unless made in accordance with the 95-43 ---PAGE BREAK--- 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 accordance with the Contract Documents in current funds NINETEEN THOUSAND NINE HUNDRED DOLLARS ( $19, 900. 00) . the work in the amount of 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. 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. ARTICLE 7. HOLD HARMLESS/INDEMNIFICATION 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 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 CONSTRUCTION CONTRACT PAGE2 ---PAGE BREAK--- 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. 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. 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, CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- 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: City: CONSTRUCTION COl'lTRACT PAGE4 Wilbur Fletcher, Inc. P.O. Box 41 Dayton, WA 99328 City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, Idaho 83843 ---PAGE BREAK--- IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: DA City: Ŀ/ ' r;r - //noc Paul C. A>fidius·; i>fuyor ATTEST: Elaine Russell, City Clerk ity Attorney ACKNOWLEDGMENT On Chi' ;J,:fi"ic day of , ms, before me, a N&ate% L &azt:f · personallr n app$#"! official capacity as V.President and See:ceta:ry of Wilbur Fletcher, Inc. , known to me to be the persons described in the above document and acknowledged to me he executed the ACKNOWLEDGMENT on this 12th day of June, 1995 before me, a Notary Public of the State of washincrton, personally appemred Wilbur Fletcher, in his official capacity as Presid.;,nt of W.ilbur Fletcher, Inc known to me to be the person described in the above document and acknowledged to me he executed the same. Nd Public residing at My Commission expires ---PAGE BREAK--- ACKNOWLEDGMENT On this /7 day 1 995, before me, a Notary Public of the 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. . '1 f'tL On thlS O'V J } day Notary Public of the Russell in her official be the person described she executed the same. CONSTRUCTION CONTRACT PAGE6 Notary Public residing at expires ACKNOWLEDGMENT of »wt:ll 1995, before me, a Sta. of Idaho, personally appeared Elaine capacity as Moscow City Clerk, known to me to in the above document and acknowledged to me at expires ---PAGE BREAK--- SCHEDULE OF PRICES FILTER TANK PAINTING - 1 995 To blast and repaint the interior of the 8-foot diameter by 29.5 foot long steel water filter tank (Filter No. complete, as herein specified, the Contractor agrees to a lump sum price of (in words) $ Signature of Contractor Seal (If Incorporated) Dated This day of State of Incorporation, if incorporated. 1 995. ---PAGE BREAK--- AMERICAN STATES INSURANCE COMPANY HOME OFFICE: INDIANAPOliS, INDIANA PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we \'ll:LBURJ:IL_ETCIJE;R, INC. _ - as Principal, (hereinafter called Principal) and AMERICAN STATES INSURANCE COMPANY, an Indiana corporation, with principal offices in Indianapolis, Indiana, as Surety, (hereinafter called Surety), are held and firmly bound unto CITY OF MOSCO\>/, IDAHO - - - - - A - , as Obligee, (here- inafter cailed the Obligee) in the amount oL l'gnetei'n_j;]lJ)tlSilflQ_t1z!1""--hUJ1cll::' - - @ -yl for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal did on thet3()t:h day of MAYs--- , enter into a written contract with said Obligee for_ PAHITING QFJILTEl{TANK//h_lO_,O_QO _G_al_lonCapaegy___ - - - - - - -A 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 the Principal shall indemnify the Obiigee against any loss or damage directly arising by reason of the failure of the Principal to faithfully perform said contract and pay all just claims for labor and material furnished in the com pletion of said Contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect This bond is executed and accepted subject to the following conditions: That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed by the Obi igee. That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. All suits at law or proceedings in equity to recover on this bond must be instituted within six months after the completion of said contract, and in any event within twelve months from the date fixed in said contract for its completion. SiGNED, SEALED AND DATED this _ day oL n'l'_ _ WILBUR FLErCHER, INC. Form 9-1041 (12·71) _ (Seal) Principal ---PAGE BREAK--- 9-1459 GENERAL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW All MEN BY THESE PRESENTS. that American States Insurance Company. a Corporation duly organized and existing under the laws of the State of lnd!ana, and havmg its princ1pal office in the C1ty of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, const1tu1e and appoint_ - _ !1JCHAEL T. GAMMOND _()IL!tll.IIt A. PET!l_RSON · · · ; · - (rJ of --w---ä--Waitsburg_ _ . and State of Washå_ngton - its true ana lawful Attorney(SJ-m-Fact. w1th full power and authonty hereby conferred in its name, place and stead, to ?xecute, acknowledge and È deliver any and aU bonds. recognizances. contracts of indemnity and other conditional or obligatory undertakings, prOV1 i t;hat theæ.çIlJJ ·L.m$JJTILOf any one S},tCÉh exe.cnted here.unde r_ shal1_ not excee.d_ 6 lW:QJlUNDRED FI]"J:Y THOUSAND AND NQllillL ($250,000.00) 00 and to bmd the Corporation thereby as fully and _ to the same _extent as if such bo½ds were sigi by1he PresiÇnt, sealed :With the _ common seal of the Corporation W and duly attested by 1ts Secretary. hereby rat1fy1ng and aU that the sa1d Attomey{S)·t()..f"act may do m the prem1ses. Thts Power of Attorney is executed and may be revoKed pursuant to and by authority granted by Section 7.07 of the By.Laws of the American States Insurance Company, which reads as follows: ··The Chairman. the President or any Vice-Prestdent (including any Executive Vice-President, Senior Vice-President, Second Vice-Pres1dent or Assistant Vice-President) shall have power, by and with the concurrence with .any other officer of the Corporation, to appoint Attorneys-in-fact as the business of the CorporatiOn may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHERE:Of, Amencan States Insurance Company has caus(>-d these presents to be sig;"Jed by its Vice-P¾esident. attested by its Assistant Vice-President and its corporate seal to be hereto affixed this 8th day of. A.D. 19 .9 t AMEAlCAN STATES INSURANCE COMPANY ATTEST · ASSIStant ViCe-PreSident STATE OF INDIANA } SS COUNTY OF MARION BYI-· ' / k _le,,l nd Vic¿resid6nt On th1s day of , A.D., 19.11 , before me personally came Jo seph F. Reim ï,to me known, who being by me duly sworn, acknowledged the ·execution of the above instrument and did depose and say; that he is a Vice-President of American States Insurance Company : 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 by authority of the Board of Directors of said Corporation: and that he signed his name thereto under like authority. And said --·è-()éê-ëph F further faid that -he is acquainted with John J · Ros ich _and knows him to be the ASSIStant Vice-President of said Corporation: and that he executed the above instrument. PONSL.ER, NOTt\·RY PUBLIC :ľr>JN COUNTY, STATt: OF INDIANA Ľ/V co;v1M EXPfRES: 10.r2:92 STATE OF INDIANA . } SS COUNTY OF MARION I, John J. _jà i__ch , the Assistant Vice-President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregomg is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY. which is still m force and effect This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By-Laws of AMERICAN STATES INSURANCE COMPANY which reads as tallows: ''AH policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice-President, Senior Vice-President, Vice-President, Second Vice·President, or Assistant Vice-President) and the secretary, assistant secretary or other officer. whose signatures. if the instrument is duly countersigned by an authonzed representative of the Corporation, may be facsimi!ies. Such signatures and facsimiles thereof shaH be authorized and upon the Corporation notwithstanding the fact that any such officer shaH have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." In witness whereof, I have hereunto set my hand and affixed the sea! of said Corporation. this 30th day of MAY 19.9.2. - Assistant Vice-PreSid · e · n · , POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN HEREOF IN INK, WITH A RED DIAGONAL IMPRINT- AMERICAN STATES INSURANCE PRESENT IN ITS ENTIRETY. IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL317-262-6262 OR WRITE US AT P 0 BOX 1636. INDIANAPOLIS. IN 46206·1636, ---PAGE BREAK--- MOUNTAIN INS, BOX 155 WA !19361 !'LETCHER, INC. FLETCHER !lOX 41 bA1M'CIN1 WA 9!132!1 watltO!IfW egan lll&'nott - lflti"WIW UfANUlY CITY OF MOSCOW ATTN: DEAN WEYEN p.o. BOX 9203 MOSCOW ID 83843 ; 6-20-95 11 : 55An ; CCITT G3;Ļ 2 c D 8>10!Jl.!l/UIVOFTHI!.- !llt!ICIl,ll> ĺII£ CAIICI'li.Eil-THI! ļRA'nON OAT£ THEREOF, THE 'I$SUIN(J C:Oflf'ANV WK.l @IMI!A¥0« tO 1\Wl..J.ll_ 01\YlJ WIIIT"IiN HOT!Cii TO TH£ e£l!l1ACATE HOI.ClER NAM1!0 TO THE I.EFT, 8tff tfe'ft8! 8111ftt.t IMP&8t!H8 &latftiU lA 509337d82B ---PAGE BREAK--- CERTIFICt E OF INSURANCE RAI' 00014 ISSUE DATE (MM/00/YY) n 06/20/95 PRODUCER THIS CERTiFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE hLUE MOUNTAIN INS. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.o. BOX 155 COMPANIES AFFORDING COVERAGE WAITSBURG, WA 99361 COMPANY A AMERICAN STATES LETTER COMPANY B DIRECT BILL INSURED LETTER WILBUR FLETCHER, INC. COMPANY c JEAN FLETCHER LETTER PO BOX 41 COMPANY D PAYTON, WA 99328 LETTER COMPANY E LETTER COVERAGES 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 PERT AIg THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLl IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 TYPE OF INSURANCE POLICY NUMBER TR i GENERAL LIABILITY 01-AP-061159-1 \ LA!MS MADE [i]ocCUR. 'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY 01-AP-061159-1 \ f ANY AUTO All OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY H PMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES!SPECIAL ITEMS CERTIFICATE HOLDER LOSS PAYABLE CITY OF MOSCOW ATTN: DEAN WE YEN P.O. BOX 9203 MOSCOW ID 83843 ACORD 25·S (7190) POLICY EFFECTIVE POLICY EXPIRATION liMITS ATE (MM/DD(YY) DATE (MM/00/YV} 09/23/94 P9/23/95 GENERAL AGGREGATE $ 2 000 00( PRODUCTS-COMP/OP AGG $ 2 000 00( PERSONAL & ADV. INJURY $ 1 000 00( EACH OCCURRENCE $ 1 000 ooc FIRE DAMAGE {Any one fire) $ 50 00( MED.EXP. (Any one person) 5 00( 09/23/94 09/23/95 COMBINED SINGLE LIMIT $ 1 000 ooc BOOIL Y INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE ' EACH OCCURRENCE $ AGGREGATE $ I STATUTORY LIMITS EACH ACCIDENT ' DISEASE-POLICY UMfr ' DISEASE-EACH EMPLOYEE $ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY W!LU!II5EAYOR TO MAIL _l.Q_ DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Btl'f FA:!t\:IRE T€1 MAll: S\:161114e:FI6E SIIA:ttN&ĸtHJĹ UAB!lfT'f eF ANY !ONO UPOf4 Tl IE OOMPANY.ķ0R AEPAESE!HMIVES-. )Ao / ) AUTHORIÂfPeESENTAJld.E _ dJ J \ ©ACORD CORPORATION 1990