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ORIStNAl CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 6th day of August, 1996, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Quad-Cities 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 through and the following: ' d . 2. 3. 4. 5. 6. 7. Advertisement for Bids; Project Specifications titled : Specifications and Proposal for Construction of Meadow Street/Vandal Drive L.I. D. 122; Bid/Proposal of the Contractor, dated July 30, 1996, to be physically attached to this Contract; The Engineering Plans; Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; Change Orders which may be delivered or issued after the effective date of this Agreement; 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 Conditions. CONSTRUCTION CONTRACT PAGE I 96-42 ---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 forty-five (45) 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 Seventy-nine thousand, seven hundred twenty-four dollars and thirty four cents. (79, 724.34) . 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. CONSTRUCTION CONTRACT PAGE2 ---PAGE BREAK--- 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 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 CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- 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, 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. CONSTRUCTION CONTRACT PAGE4 ---PAGE BREAK--- 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: Quad-Cities Construction, Inc. P.O. Box 217 Pullman, WA 99163 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. Contractor: Pre8id8Ilt /j ( ? • II J (J.lAAcy I tary CONSTRUCTION CONTIV\CT PAGES City: ---PAGE BREAK--- ACKNOWLEDGMENT On this se day of , 1996, before me, a Notary Public of the State of Ida o, personally appeareĀ \ . J U p ll, and \ l. \A dJ\ in their official capacity as President and Secretary of Quad-Cities Construction, Inc., known to me to be the persons described in the above document and acknowledged to me they executed the same. ACKNOWLEDGMENT On this /t/14 day of 1996, before me, a Notary Public of f Idaho, personally appeared Paul C. I 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 ' lf?Ja: y u residing at fvt(ua / comm1ssion expires: /lt4/k/.. ,t1 1,1 Itt "7Ă/ ACKNOWLEDGMENT On this ;qtf: day of ci 1996, before me, a Notary Public of the State· o Idaho, personally appeared Ela1ne 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 at ---PAGE BREAK--- INVITATION TO B ID The City of Moscow, Idaho is accepting sealed bids at the office of the City Clerk at City Hall Annex, 122 E. 4th Street, P.O. Box 9203, Moscow, ID 83843 until 10: 00 a.m., prevailing local time, Tuesday, July 30, 1996, for the following project: MEADOW-VANDAL LID #122 Immediately thereafter all proposals will be publicly opened and read aloud in the City Hall Annex. The project consists of excavation, grading, furnishing and placing base rock; constructing concrete curbs and sidewalks, catch basins, and storm sewer pipes; furnishing and placing plant mix pavement, furnishing and placing topsoil, trees, seeding and landscaping. Bid forms, bidding instructions and conditions, contract documents, plans and specifications may be obtained at the office of the City Engineer, City Hall Annex, 122 East Fourth, for a non-refundable fee of $20.00 plus tax. The City reserves the right to reject any and all bids. Publish: July 13, 22, 1996 ---PAGE BREAK--- BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for MEADOW/VANDAL LID #122, 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 the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. 1. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, when not in conflict with those referred to in paragraph 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal Page 2 ---PAGE BREAK--- is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the C ITY 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. 8. The undersigned, as a bidder, Number through acknowledges that Addenda have been delivered to him and have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number /0 7 95'-.888-;J - 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty Idaho Public Works Licence No. $ Amount b. _ c. _ _ _ _ _ 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for MEADOW/VANDAL L ID #122, 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 contract prices as follows: Page ---PAGE BREAK--- BID SCHEDULE ITEM ITEM QUANTITY UNIT TOTAL NO. DESCRIPTION & UNIT PRICE PRICE 1 . Excavation per S; g per square yard 85 s.y. $ 3.50 $ 3. Remove trees/shrubs Ŀ per lump sum 1 l. s. $ :t,()CtJ· 4a. Crushed rock base per ton 2276 s.y. $ 9.0 0 $ .;lOJ yg'f. oo < 4b. Geotextile fabric per square yard 2276 s.y. $ $ 70 7. " - 5a. Trench Exc/Bkfl Cl D per lineal foot 74 l. f. $ zoo $ s-;r. 5b. Trench excavation backfill Cl. F per lineal foot 34 l.f. $ . .56 $ bd-'l. " " 6a. 8" Storm sewer pipe oo per lineal foot 70 l. f. $ • $ t.f:i_S- ' 6b. 1211 Storm sewer pipe I? tb 7 tS per lineal foot 41 l.f. $ $ 7. Construct catch basin $ zs-o $ 6001 per each 4 ea. Sa. Plant Mix Pavement (Base) per square yard 2276 s.y. $ b D $ g, 193· Sb. Plant Ëlix Pavement (surface) ľ per square yard 2276 s.y. $ Page 4 ---PAGE BREAK--- 9a. 9b. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Page 5 Adjust water valve Ļ box per each 1 ea. $ 1:!5ý $ Adjust M.H. /C.B. 066, ĺ per each 3 ea. $ .:Loo- $ Const. concrete curb per lineal foot 1356 1. f. $ 7· $ /6,/26 ļ Construct concrete sidewalk per square yard 256 s.y. $ þ $ Construct concrete driveway ) per square yard 101 s. y. $ $ I I 7 I. . Driveway pavement per square yard Driveway gravel per Ton Postal foundation per lump sum Topsoil per per cubic yard Plant trees per each Landscaping/seeding per lump sum 442 s.y. $ 157 T. $ 1 l.s. 113 c.y. $ 5 ea. $ 1 l.s. Relocate fire hydrant per each 1 ea. $ Mobilization (not to exceed 5% of bid) per lump sum 1 l.s. BID 3. b? $ 9. ,50 $ $ ,o $ .J.S $ I b. ;u . J X L. 'f 91. • I tJ.,_ s-o ā,/30· Lt - 0Ľ. bc! 72Lf. . ---PAGE BREAK--- No. SEAL (If Incorporated) Dated at M.oscO't))! jl) Qu.rui · C/T/es C art:i(vac1/oZ; ü Firm Na of Bidder p, Bt>x 11./l.wM u.IA-v99/t.3 Mailing Address 7 ' ' ' Public Works License State of Incorporation if Incorporated This day of 1 9 9 6. Page 6 ---PAGE BREAK--- Bond No. GtEr\T .t\IVERIG\N INSURMICE COMPANY OHIO BID BOND Approved by The American Institute of Architects, A. I.A. Document No. A310 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we Quad-Cities Construction. Inc. as Principal, hereinafter called the Principal, and the GREAT AMERICAN INSURANCE C O MPANY, 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 _ as Obligee, hereinafter called the Obligee, in the sum of --Five Percent of the Amount of the Contractor's Bid-- Dollars 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 these presents. WHEREAS, the Principal has submitted a bid for _ Meadow-Vandal LID #122 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 In the presence of: (Seal) ---PAGE BREAK--- GU::i\T FWERIC-\N INSUIVWCE COMPANY 580 WALNUT STREET • CINCINNATI. OHIO 45202 • [PHONE REDACTED] • FAX [PHONE REDACTED] The number of persons authorized by this power of attorney is not more than FIVE '\o.O 13295 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICA)'; INSURANCE C0\1 PAl':Y, a corporation organized and existing under and by \'irtue of the !av.s of t he 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, ings and contract® 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. :\arne DON DURALL JUDITH A. RAPP WALTER W. WOLF JO ANN MIKKELSEN CHRISTINE L. LARSON Address ALL OF SPOKANE, 3lASH I NGTON Limit of Power ALL UNLIMITED This Power of Attorney reYokes a!l previous po\vers issued in behalf of the attorney(s)-in-fact named above. \V!TI\'ESS \VH ER EOF the GREAT A MERICA?\ INSURANCE COMPANY has caused these rresents to be signed and attested by its appropri;ite officers and its corporate seal hereunto affixed this 12TH day of MAY . 19 93 Attest GREAT AMERICAl' INSURANCE C0\1PA1':Y STATE Of OHIO. COlJ'\TY OF HA\11LT01': · · ss: On this 12TH da:- of HAY, 1993 , before me personally appeared GARY T. DUS"BAR. to me known. being duly sworn. de roses and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Di\·ision of Great American ! nsurance Company, the Company described in and \\·hich executed the above instrument; that he knows the seal; th:Jt 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 .fbA' I. ) td6 Walter w. Wolf, Attorney-in-fact ---PAGE BREAK--- Bond No. 1 30 87 98 Gt&\1' .t\1\IERIC-\N INSURiWCE COMPANY CINCINNATI, OHIO PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we, Quad-Cities Construction, Inc. , P. 0. Box 217, Pullman, WA 99163 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 _ as Surety, are held and firmly bound unto _ i::_ty"-o , = sc o::.w :L , as Obligee in the sum of--Seventy Nine Thousand Seven Hundred Twenty Four and 34/100------ Dollars, -79, 724. 34- 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 day s l 9 96 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 ôAõuög÷uø sù t , 19 96 ,for Meadow-Vandal LID #122 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 Vus1:ar.·· cel1era.1 POLICY EXPIRATION LIMITS DATE (MM/OD!YY) GENERAL AGGREGATE PRODUCTS • COMP/OP AGG 03/31/1997 PERSONAL & ADV INJURY s EACH OCCURRENCE s FIRE DAMAGE (Any one f1re) MED s COMBINED SINGLE LIMIT ' BOO!l Y INJURY (Per person) s 03/31/1997 BODILY INJURY (Per accident) PROPERTY DAMAGE s AUTO ONLY· EA ACCIDENT OTHER THAN AUTO ONLY EACH ACCiDENT ' AGGREGATE EACH OCCURRENCE 03/31/1997 AGGREGATE EL EACH ACCIDENT ' EL DISEASE POLICY LIMIT El DISEASE· EA EMPLOYEE s 1,000,000 ,000 onal insured with regard to the project/contract regarding SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL$%}\ MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ---PAGE BREAK--- .POLICY NUMBER: 06CMP94 72 3-00 ,JMMERCIAL GENERAL LIABILITY CG 2010 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED • OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: CITY 0 F 510SCOW 122 E. 4th Street P 0 Box 9203 Moscow, 10 83843 SCHEDULE Additional Insured with regard to: Project/wntract Meadow Street/Vandal Drive L.I.D. 122. 08-09-96 (If no entry appears above, information required to complete this endorsement will be shown in the Declara tions 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, hut only with respect to liability arising out of ym1r ongoing operations performed for that in sured. CG 20 l 0 lO 93 Copyright, Insurance Services .Qffice, Inc., 1 Ĺ)()2 0 ---PAGE BREAK--- We listen we care We respond ù u WASHINGTON INDUSTRIAL INSURANCE l 800-LISTENS 1-[PHONE REDACTED] STATE FUND APRIL 24, 1995 State of Washington Department of Labor and Industries STATE OF IDAHO INDUSTRIAL COMMISSION PO BOX 83720 BOISE ID 83720 ACCOUNT ID 861,691-00 UBI NUMBER 601 526 737 CORPORATION THIS IS TO CERTIFY THAT: RECEIVED APR 2 8 1995 INDUSTRIAL COċ)o_ . . ar 80/Sr:- • . ĸ Eltraterntonal Certificate -1 Elamtned and Ordered Approved IDAHO iNOUS1RlAL COMMISSION MAY16 199S l by ú c¥ û - QUAD CITIES CONSTRUCTION INC HAS PURCHASED INDUSTRIAL INSURANCE COVERAGE WITH LABOR AND INDUSTRIES COVERING THEIR BUSINESS IN THE STATE OF WASHINGTON. WASHINGTON EMPLOYEES OF THIS EMPLOYER CAN CLAIM BENEFITS UNDER THEW ASHINGTON INDUSTRIAL INSURANCE ACT FOR INJURY AND OCCUPATIONAL DISEASE THEY EXPERIENCE WHILE WORKING FOR THIS BUSINESS. UNDER OUR RECIPROCITY AGREEMENT WITH THE STATE OF IDAHO, EXTRATERRITORIAL COVERAGE ALSO IS EXTENDED TO W ASHINGTON EMPLOYEES OF THIS EMPLOYER WHO, IN ADDffiON TO THEIR WASHINGTON EMPLOYMENT, MAY BE WORKING TEMPORARILY IN YOUR STATE. THE COVERAGE WILL REMAIN IN EFFECT AS LONG AS THE EMPLOYER CONTINUES TO BE SUBJECT TO THE WASHINGTON WORKERS' COMPEN SATION ACT. IT IS UNDERSTOOD THAT SHOULD HIE EMPLOYER HIRE OTHER WORKERS IN YOUR STATE, THEY MUST BE COVERED UNDER THE LAWS OF YOUR STATE PLEASE ACKc"!OWLEDGE SUCH COVERAGE BY SENDING A COPY OF THIS LETTER TO THE BUSINESS ty;· i? J 17 P1 /1 we 0 '9 i G ---PAGE BREAK--- STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES April 25, 1995 TO WHOM IT MAY CONCERN Dear Business Person: Quad Cities Construction, Inc., is currently registered with the Department of Labor & Industries, and reports under Account Number 861,691-00. For all work being done by contract, all parties should be aware of the provisions of the Industrial Insurance Laws with respect to liability for premiums. The provisions are included in the Revised Code of Washington 51.12.050 and 51.12.070. Under State Law, each employer is required to pay premiums. Payment of premiums for subcontractors by the prime contractor will only occur if the subcontractor fails to register with Contractor Registration and pay premiums. Industrial Insurance Accounts in the State Fund have no policy period, cancellation date or limitation of coverage. Bonnie Farnkop Industrial InsuranW Accounts AUditor Contractor Compliance/Release Unit Phone: (360) 902-4762 Fax: (360) 902-4757 CCU1E.BF:2CD.43 CC TO QUAD CITIES CONSTRUCTION INC PO BOX 217 PULLMAN WA 99163