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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 2nd day of August, 1994, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Quad-Cities Construction, Inc. , (hereinafter, "Contractor11 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 noticei 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 Bidsi 2. Project Specifications titled Division I: STREET PAVEMENT OVERLAYS AND CURB CONSTRUCTIONi Division II: PATHWAYS AND BASKETBALL COURTS CONSTRUCTION; 3. Bid/Proposal of the Contractor, dated July 29, 1994, to be physically attached to this Contract; 4. The Engineering Plans; č 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. CONSTRUCTION CONTRACT PAGE 1 94-57 ---PAGE BREAK--- • I 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. 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 thirty (30) 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 Five Thousand Eighty-nine DOLLARS 089.00)for Division II A. 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 CONSTRUCTION CONTRACT PAGE3 ---PAGE BREAK--- 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. 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: Secretary CONSTRUCTION CONTRACT PAGES City: ATTEST: £ - 'ty Attorney ---PAGE BREAK--- I' STATE OF IDAHO )ss County of Latah ) ACKNOWLEDGMENT on this \5-tk day of , 1994, before me, a Notary Public of the Star e of Idaho, personally appeared K&htb L. UJĊ President and Sna.u..Č . VJ-e...)(lċ Secretary, known to be the President and Secretary of Quad-Cities Construction, Inc. whose names are inscribed to the foregoing instrument and acknowledged to me that they executed the foregoing agreement. State ACKNOWLEDGMENT On this c;Jti Ĉ day of a.J` 1994, before me, a Notary Public of the State of daho, 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 acknow¿ÀÁÂed to me he executed the same. E R £ \J J' • v ot!"ɂ .l " · /I fo· 11·r?. S Notary Public reSiilig at - m- = Ƀ : - c-,o . -Ɂ û ĉ \ ! My Commission expires ý Ɠ a 4 tP ll . / ú d 90 " • C6 ü 4 7 r£ ·o.r s 'II. ACKNOWLEDGMENT on this day of 1994, 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 M Commission expires 7ik1:!J;· t. It/C) 9 I at ---PAGE BREAK--- BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho 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 DIVISION I: STREET PAVEMENT OVERLAYS AND CURB CONSTRUCTION and/or DIVISION II: PATHWAYS AND BASKETBALL COURTS CONSTRUCTION, 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 is accepted, all in accordance with thç provisions of this proposal and the specifications. Page 2 ---PAGE BREAK--- 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. 8. The undersigned, as a bidder, acknowledges that Addenda Number 0 through 0 have been delivered to him and have been examined as part of the contract documents. 9. 10. 11. 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. The undersigned holds Id(ho ,state Contractor's License Number I 0 7Cf5 -A 2-L{ _43 J . , The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Speciality Amount a. b. c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for DIVISION I: PAVEMENT OVERLAYS AND CURB CONSTRUCTION and/or DIVISION II: PATHWAYS AND BASKETBALL COURTS CONSTRUCTION, 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 3 ---PAGE BREAK--- ITEM 1. 2. 3 . 4. 5. 6. 7. 8. QUAD CIT/ s ' BASE BID SCHEDULE DIVISION I QUANTITY UNIT DESCRIPTION & UNITS PRICE Patching, Hand laid 250 sq. yds. $ 1aā Patching, Machine laid 500 sq. yds. $ lcso Soft spot repair 50 sq. yds. $ 1'5i Raise manholes 17 each $ .22.5 Raise gate valve boxes/ monuments 17 each $ 1Ƚ5°..9 Plant mix pavement '3 00 pre-level overlay so tons $ o- Plant mix pavement ôõö overlay 3,250 tons $ Aggregate base, furnished and installed 25 tons $ TOTAL PRICE $ 3000°,e $ S:l5r:fą $ 7'50°ø $ 3£025ù oo $ 21.25- oo $ I -soc- oo $ 8'-i/5'0- so $ 3/d.- TOTAL BASE BID . . . . . . . . . . $ l OlĂ ,2 bd ÷t ALTERNATE BID SCHEDULE - DIVISION I A-1. Remove and dispose concrete curb so o Lin . f t . $ Nc BlJ $ Ā o e{1 2,000 Lin. ft. $ ďo SJ $ B;J · A-2. Construct concrete curb BASE BID SCHEDULE - DIVISION II A ITEM NO. DESCRIPTION 1. 2. Ghormley Park asphalt basketball court, complete Construct asphalt pathways, complete QUANTITY & UNIT 112 sq. yds. 362 sq. yds. UNIT PRICE $IIă TOTAL PRICE ȼo oO $ It>- $ 3Sot ID $ # 5io0dĄ TOTAL BASE B . . . . . ---PAGE BREAK--- ALTERNATE BID SCHEDULE - DIVISION II A A-1. Frontier Park asphalt basketball, court, ,c?mplete · 387 sq. yds. BASE BID SCHEDULE - DIVISION II B ITEM QUANTITY UNIT NO. DESCRIPTION & UNIT PRICE 1. Frontier Park portland cement concrete basket- $ j ball court, complete 387 sq. yds. TOTAL BASE BID . . . . . $ ýo IS;J Firm Name of Bidder ser Official Title Mailing Address lo7ÿS -Aþ ( 4 3) TOTAL PRICE $ gJ s · if tate o ncorporatlon No. Incorporated SEAL (If Incorporated) Dated at Th is î day of 1994. Page 5 ---PAGE BREAK--- : ' i I Ó J FIDELITY AND GUAR SURANCE COMPANY BID BOND BOND NUMBER . . KNOW ALL MEN BY THESE PRESENTS: THAT Ql!-âd:-9ãä-å. C?.æçè.C:éê?.ër . . Ù!1.':Ú . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , as Principal, and FIDELITY AND GUARANTY INSURANCE COMPANY, an Iowa corporation, as Surety, are held and firmly bound unto . . _qȲY . !'l.'!ȷȸȹȺ.r. )Ȼ.a.l!C? . as Obligee, in the full and just sum of ÒÑ'!.e ÛÜÝ.c.Þt:ß . . ÔÕ. Ö×-Ø th Ȱ- -ìíî-.<.ïð.?.f. -ñòó-l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal City of Moscow Overlays THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered . . . . . . . '!VȳY . . 2ȱ .1.ȴ9ȵ . (Date) QUAD-CITIES CONSTRUCTION, INC • . . . . . . . . . . . . . . . (SEAL) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ë . . . . - \ .o-/7c:'/IJ , ·'rJ· . . L.{i42,ȯ . ì Ann Mikkelsen / FIDELITY AND GUARANTY INSUAANC E COMPÐNY /?ta:.ü X, Christin L Larson " · Attorney-in-fact Contract ItA (11·90) p- -r--q ' . ; ' ---PAGE BREAK--- 385495 FIDELITY AND GUARANTY INSURANCE COMPANY POWER OF ATTORNEY NO. 8707 #êUS F+G' ,j lliȢHHf KNOW ALL MEN BY TIIESE PRESENTS: That F1DELI1Y AND GUARANTY INSURANCE COMPANY. a corporation organized and exisliog under the laws of tbe Stale of Iowa and haviog its principal office at the City of Baltimore, in lhe SWe of !'.Uryland, does hereby constitute and appoint Christine L. Larson, JoAnn Mikkelsen, Judith A. Rapp, Don Durall and Walter W. Wolf oftbe City of Spoka!le . . • State of Washington its true and lawful Altorney(s}-io·Fact, each io their separ.lle capacity tf more tban one ts named above, to stgo tis name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contr1.cts and other wrinen in tbe nature thereof oo behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing tbe performa.nce of contracts; and executing or guaranteeing bonds and required or permitted in any actions or proceedings allowed by law. In Witness Whereof. the said F!DELnY AND GUARANTY INSURANCE COMPANY bas caused this instrument to be sealed with its corporate seal, duly tested by the signarures of its Senior Vice President and Assistant Secretary, this 6th day of May , A.D. 19 9 4 . F1DELI1Y AND GUARANn' INSURANCE COMPANY (Signed) (Signed) By . STATE OF MARYLAND) \.)ƒ1 . ' Assistant Secretary SS: BALTIMORECnY ) . . . ' \ / ' ' . On this 6th dayof May .,A.D.I994.beforeme personallycame Robert J. Lamendola Senior Vice President of t be FIDELITY AND GUA.RAN1Y IN.SURANCE COMPANY and"'- . Paul D. Sims , Assistant Secretary of said Company, with both of whom I am pe:zn:Jiy acquainted, who being by me. severally duly sworn,"ȣd.lhat they, the said Robert J. Lamendola and Paul, D ·Sims - ú were respeetively ibe'seaior Vice President and the Assistant Secretary of the said F1DELI1Y AND GUARANn' INSURANCE COMPANY, the coÏ ration described in and .whiCh. executed the foregoing Power of Attorney; that they each l:new the seal of said corpora.tion; !bat the 'seȤi affiled to said Power of-Attorney was such corpor.lle Jai: 1hat it was so afftxed by onder of the Boand of Directors of said corpora.tion, and tba.t they signed their names thereto by .like. order"as Senior Vice Preȥide"orȦd Assistant Secretary, respectively, of tbe Company. My Commission expires the 11th day in ' ' ·March . 'A.tiȮ i 9 9 5 . iæ . , r l / JJ. / • çèé (Stgned) UTUV····r· ·WXYZ[- n' . This Power of Attorney is granted uoder and by autb'ority of tbe following Resolutions adopted by the Boand of Directors of the FIDELflY AND GUARANn' INSURANCE COMPANY on September24. 1992: RESOLVED, that in cooneetion with the ftdelity and surety insurance business of the Company, all bonds, underta)cjogs. contracts aod other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)·in-Fact pUCSlWit to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Anorney for and on behalf of lhe Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoi og officers and the seal of t be Company may be affixed by facsimile to aoy Power of Attorney or to any certificate relaliog thereto appointing Attorney(s)-in-Fact for purposes ooly of exeeutiog and anestiog bonds and and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth thereto, any such Power of Attorney or certificate bearing such facsimile signalure or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signarure and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s}-io-Fac! shall have the power and authority, unless subsequently revoked and, in any case, subject to lhe terms and limitations of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to attach the seal of t he Coȧany to any aod all bonds and and other writings obligatory in the oalure thereof, and any such instrument executed by such Attomey(s)·io·Fact shall be as bitlding upon !be Cofl1l&nY as if signed by ao Exeeullvc Officer atld sealed and attested to by the Secretary of t be Company. I. Paul D. Sims , an Assistant Secretary of tbe FIDELI1Y AND GUARANn' INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full force and effecL I, the uodersig1led Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and bas not been revoked. 12 Ia Testimony Wbereof, l have hereunto set my band and the seal of t DELI1Y AND A UARANTY INSURANCE COMPANY oo this 29th dayof July ,19 94. J / \ 1 e : FS 8J ( 10-921 tHOl ---PAGE BREAK--- FIDELITY AND GUAR SURANCE COMPANY Bond No. 76-0120-10526-94-5 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Quad-Cities Construction, Inc. P.O. Box 217 FIDELITY AND GUARANTY INSURANCE COMPANY Pullman, WA 99163 OWNER (Name and Address): City of Moscow P.O. Box 9203 Moscow, ID 83843-1703 CONSTRUCTION CONTRACT Date: August 2, 1994 Amount: ---Five Thousand Eighty-nine and No/100--- ($5,089.00) Description (Name and Location): City of Moscow Overlays, Alt. 1 BOND Date (Not earlier than Construction Contract Date): August 23, 1994 Amount: ---Five Thousand Eighty-nine and No/100--- ($5,089.00) Modifications to this Bond: G