Full Text
CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 25th day of February, 1997, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Northwest Technologies, 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 HALL WINDOW RENOVATION - 1997; 3. Bid/Proposal of the Contractor, dated February 19, 1997, to be physically attached to this Contract; 4. The Engineering Plans; 5. 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 Conditions. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. CONSTRUCTION CONTRACT PAGEl 97-07 ---PAGE BREAK--- ARTICLE 3. CONTRACT TIME/SUBSTANTIAL COMPLETION Adjustment of the contract time shall only be made in accordance with the provisions of the Contract Documents. The Contractor shall not begin application of coatings prior to June 30, 1997 and shall complete all work prior to September 1, 1997. 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 THIRTY-SEVEN THOUSAND EIGHT HUNDRED FIFTY Dollars 37,850. 00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. 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 CONSTRUCTION CONTRACT PAGE2 ---PAGE BREAK--- 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, codes, ordinances, or regulations, whether by himself, his employees, or his subcontractors. CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- 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 PACE4 ---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: Northwest Technologies, Inc. 6724 Emerald City: Boise, ID 83704 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. President IJLIJ· \ ':/.!dNttiu:YI >attfM ; Seoretary VICe President ATTEST: (j Russelj, Cl AP=:ll) /KS(frVFORM: KJ,<źr ACKNOWLEDGMENT/ 1TJL Afl'Orne On this I:Zth day of rvarch. ' 1997' before me, a Notaqy Public of the State rf , personally appeared J>rwd k. and l(n::mvu:. f11lP/eha,s , in their official capacity as president and SS\tlr'el!fAry of Northwest Technologies, Inc. , known to me to be the perscl'ns·saescribed in the above document and acknowledged to me they executed the same . (seal) CONSTRUCTION CONTRACT PAGES . Notar}1UbliCreSidi1 k:::ze, lcla.}Jo . -:9mmission expires fr== z 19t17 ---PAGE BREAK--- I I I I I I I I I BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: 2/19/97 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, her®inafter referred to as the ' CITY' for CITY HALL WINDOW RENOVATION, specified herein and which construc tion documents are on file with the City Engineer, City Hall A.¯nex, 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. 2 . All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 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 specif°cations 1n exp±anaticn and elaboration of the contract drawings and it is agreed that such supplemental d=awings, when not in con²lict with these referred to i³ 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 under-signed 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 insu´ance 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. Page 1 ---PAGE BREAK--- I I I I I I I I I I 6. 7 . 8. 9. 10. 11. 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. 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 1 have been delivered to him and have been examin-e©dªa-s p_a r«t of the contract documents. The undersigned agrees to complete all work err¬raced in the contract by the date set forth in paragraph IB-13 of the Instruction to Bidders. The undersigned holds Idaho State Contractor's License Number 10233-AAA-1-3-4 ( 4 7) The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Idaho Public Subcontractors Trade Specialtv Works License No. $ Amounc: a J 1ike ' s Painting Painting 12856-D4(1,26,31) b. 12. The undersigned agrees to co:W.ply with all applicable lead abatement iegulations and attests that the attached 'qualifications' sunary is true and correct. 13. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for CITY P-ALL WINDOW RENOVATION - 1997, 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 2 ---PAGE BREAK--- BID SCHEDULE To complete the work herein specified for the project entitled CITY HALL WINDOW RENOVATION - 1997, the bidder submits a SEAL (If Incorporated) Dated at 10:00 am This 19 day of February Page 3 and cents). Northv1est Te chnologies, Inc. Signature of Bidder President Official Title. 6724 Emerald, Boise, ID 83704 Mailing P..ddress 10233-Al'.A-l-3-4 (47) Public Works License Idaho State of Incorporation if Incorporated 1 1997. ---PAGE BREAK--- FEB-18-1997 13:00 MOSCOW CITY HALL ANNEX ADDENDUM NO. ONE CITY HALL WINDOW RENOVATION ·1997 February 18, 1997 City of Moscow, Idaho Project No 1 03-97 INSTRUCTION TO BIDDERS IB-13 PERFORMANCE PERIOD of the 'Specifications and Proposal' document is hereby changed to read as follows· P.Ol The application of coatings shall not begin prior to June 30, 1997. 'Prep' work may begin as soon as weather permits. All work shall be complete by September 1, 1997. Receipt of all addenda must be acknowledged. This form must be signed and attached to the proposal to acknowledge receipt of addenda. Signature of Bidder Issued by TCTŹL F.21 ---PAGE BREAK--- 0 TIJIIller INSURANCE coMPANY ROCK HILL, NEW YORK 12775·8000 {A Stock Company) Bond No. 103494-01 BID BOND AlA Document No. A31 0 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Northwest Technologies, Inc. as Principal, and Frontier Insurance Company, Rock Hill, New York 12775, a corporation duly organized under the laws of the State of New York as Surety, are held and firmly bound unto City of Moscow as Obligee, in the sum of of the bid, not to exceed Two Thousand Five Hundred and No/ Dollars($ 500. 00** for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Hall Window Renovation 1997 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 thereof 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 19th day of February 1997 NorthB-C-D!._._Technologies, Inc. (SEAL) H \ . (Principal) Ÿ )arv!i!WJ2. ň· David L. Holman (Title) President FRONTIER INSURANCE COMPANY (SEAL) 'h-11f-01 '?1\lS 3M ---PAGE BREAK--- 0 TD/IliBT INSURANCE COMPANY ROCK HILL, NEW YORK 12775-8000 fA Stock Company) POWER OF ATTORNEY l!ha1h1 All JHeu 1Hy [l!l'St' lJn·seuh;;: That FRONTIER INSURANCE COMPANY, a New York Corporation, having its principal office in Rock Hill. New York, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 4th day of November, 1985: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is. authorized to appoint Attorneys-in Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and wntings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking_ recognizance or other contract of indemnity or writing obligatory in the nature thereof: "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney-in·Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE. CONSTITUTE AND APPOINT WILLIAM F • POST STEPHANIE A. BARNES Boise of . in the State of Idaho its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name. place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed; IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER INSURANCE COMPANY, and all the acts of said Attorney{s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. 3Jn ltfihuUss liitrl'rt'of, FRONTIER INSURANCE COMPANY of Rock Hill, New York. has caused this Power of Attorney to be signed by its President and its Corporate seal to be affixed this 22nd day of April , 19 96 State of New York County of Sullivan FRONTIER INSURANCE COMPANY WALTER A. On this 22nd day of April , 19 96 . before the subscriber, a Notary Public of the State of New York in and for the County of Sullivan, duty commissioned and qualified, came WALTER A. RHULEN of FRONTIER INSURANCE COMPANY to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the sea! affixed to the preceding instrument is the Corporate Sea! of the Company, and the Corporate Seal and signature as an officer were duty affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of t he Company, referred to in the preceding instrument, is now in force. 3Jn