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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this the City of Moscow, Idaho, Idaho (hereinafter, "City") "Contractor"): 7th day of January, 1997, by and between a municipal corporation of the State of and Bodiford Construction, (hereinafter, 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: Harrison/Logan/Seventh Sanitary and Storm Improvements; 3. Bid/Proposal of the Contractor, dated December 30, 1996, 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 D ocuments 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 PAGE 1 97-02 ---PAGE BREAK--- 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 eighty-four thousand, six hundred fifty-nine. 84,659.00). 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 CONSTRUCTION CONTRACT PAGE2 ---PAGE BREAK--- 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 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. 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 CONTRACT PAGE4 Bodiford Construction H.C. 76 Box 2545 Garden Valley, ID 83622 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 •.vritten. Contractor: Bodiford Construction¥¦-) · . / J . / / / City: }\CKNOWLEDGMENT On thls i5 Notary Public of day the official capacity as owner of 1997, a be the person dessribed in the above document and he ex.ecu'c.ed the same. On this day Notary the ACKNOWLEDGMENT Agidius in his official capacity as Mayor known to me to be the person described in acknowledged to me he executed the same. CONSTRUCTION CONTRA.CT PAGE 5 1997, before me, a ly appeared Paul C. of the City of Moscow, the above document and ---PAGE BREAK--- ACKNOWLEDGMENT , On this 3 day of 12UU£4;r , 1997, before me, a Notary Public of the St@ of I aho, 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 No y u lC reslding at /ftk'd:a&cf:w " expires: iLL tc:; Z: T ---PAGE BREAK--- RELIANCE SURETY COMPANY PHILADELPHIA, BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS AJA DOCUMENT NO. A-310 (FEB. 1970 EO.) KNOW ALL MEN BY THESE PRESENTS, that we Don Bodiford dba Bodiford Construction HCR 76 Box 2545 Garden Valley, ID 83622 as Principal, hereinafter called the Principal, and the RELIANCE SURETY COMPANY, a Delaware corporation, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Moscow, County of Latah, Idaho as Obligee, hereinafter called the Obligee, in the sum of Percent of the Total Amount Dollars($ ) for the payment of which sum well and truly to be made, !he said Principal and !he 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 !or Job #101-97 Harrison Logan 7th Street Sanitary & Storm Drain Improvements, Moscow, Latah County, Idaho NOW THEREFORE, If the Obligee shall the bid of !he and the Principal shall enter into e Contract with the in accordance with the terms ol such and such bond or bends as may be in the or Documents with good and sufficient lor the faithful of sudh Contract and for !he of lat 1dahG:'- their_tn.re, antl-lawful- AttQmey{sHn-Fact,_ tu- make, execute,- se_;aJ , and deliver for and on their -behalf, and a$ their-act _and deed any and- an bonds- and_-undertaldng:s of_-+uretyShip and to bind the -th¢rȳbY'-as fully and to the same extent as-if bonQs Bfl$f t.ndertakings and other otlligatoty in '{he na:ture thereof were- signed by_ati EXecutive -Officei of :the Compartfes and _sealed< and _ attested--by,one other of suet):: ofHcers,- and- hereby ratifies an(,Lc;:onfirtns all that their said Anorney(sNn-Factmay do-in pur!)uance :hereof, , 'Thi!; Power ot-:Attorney 'is Qranted under- ai - d hy the ,aUthority of - Aftj<;le v'u pf--the, ByȴtaWs of REJ;J,ANGE 'StJREri\', coMPA:NY$ RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY> and. REȵIANCE NAJIONA.L INDEMNITY GOMPAN'Cwhich prqvisions _ar;g _now 1-o full force and effecȶ, reading a_s follows; %'EXECUTION Of''-8000$ AND 1; -_--Tbe of -1)\re;:;tors. the Pn;sldent1 -ttw {:haim1an -rif the Board; iMiy'€j$1iOt Vlt;:e Preside'nt._.ariy Vic'i(Pfes!o'SJ;t or AsSistant VIce PrWdent' or otti'er officer py the ɸoanl of Qirɹɺ&s shall h]>ve power and authority tɻ, WPT:>lnt Artotnev _ !s.Hn-Fact _and t-o J:ruthQJiģ fh4&f_to exewte QJ1 behalf Qf _the_ ,c;:ompany, bondɼ and undertakings,_-recognltance_s, COfltract& 4f llid$mnity ,t!J)d-Jith\r Ytritfn:gs obllga:tbty in the nature tl:n\n::mf,-am,j,{b)'t-9 remov#-any SlJC.h,Attorney{s}-in-Fact ar$1'\y time -and revoke ttm power and authQfity given to them. > Attorfieytst·in·F:ac:t ShaM hitVe'powat and authority, : sɌJPJect tj') thl!"' terms' and llmitattens of -the Pow#!' of iss1.1ed to t'!vm'1, to execJ! be v.altd ,iind -ʆndhi!JVJ'Oft _the Ci'JtnPatlY, ln :the Juturn 'With -ri$Pect-tl.) -al'ly bpM or undertaldng -to which Jt i_s -at;:ached." ' TN_ -WlTf\f_ESS WHEREOF; :the _ Comp'anies ha\re C(J:US:ed these presents_ to -be signed and -rhhir corpofat s8it_iS :to be hereto -oaffixe:ti; ;fho :tf'tɅir-tr˸e- iHlil, :tavvfui-Attarney{sHn-Fapt, to rna˹, _execvte_, _seat_ and _deliver fQr and on their berhalf; and as_ their act and deed any al\d atl_ bimds :aiid u_ridetta'kin-gs- 9f ,$t.n:atyshiP-_,aod to---bind:-:tha_,Cornpapias_ thfU'eby :q;s fufly _aJ1d to_ the_ same extent as_ if Oon_ds e.11_d vndertakings and, other- obligatory in' -thereof _-were_ sl_gnad l::ty: 1H't _ExctJtiye , 'Officer -'Ot the_-_ Compan1es _ and sealed_ and _ _ atts˺ed- by -one Other of such offlcers, and_ -heretry-_ ratifies and - confirms_-aU- th?t_ their said , -Attorney{:s}--::ffFFact may do ln -pursuance hereof. , ' - - ' , ' ' ' ' ' ' " ' ' _ ' , This shJifnt, the Chalrrr>an ol tfm:_ 8fiar!.1: any _se˽!Oi Vlce J"resid.erit, ariy'Vici; -pf$io.eftJ::or Assistant Vice -PfeĦ>ident nr _-Other _offi-cer designat-ed by the So ami revoitethe,pcww and aurhOfity i}Wen to them, ' ' -Attl:ltrfeYt$HO.F;;.;;r shɍll hav'e PO\I¥ffi' lli'l!:i authority, sut;lil!'ct to and tlm\tatWns of the PuWar :of ArtiYn:ey lssve oontf3cts of 'indemillty _;;nd other wrttirigs obligatory in the natufiLtlt\lfe:Of. corporate seal i$ not OOC'J!\S(l!'Y tw the validity of any bt:Ms and j.mdMtakings, Of -lttdemr\lwat\!1 -other writings -ot.:!lgatory Jri the: r Ot_-tnd®·ulltY or otPer coilditioncil {Jf cib!igal:nty and they shall also -hav!;l powt« l:lnd authority to certify th# finMcial ,st,:temoot of the Com;pħmy and Ġa cQples of the Sy{.aws of the or tny or section ttter;e:ot, Thls-Power .ot Attomav l\1 slg>Wt and sealed'by f-acsimile vnder and by JWtho_'rity-{)I,the to!!()wing,rM_otutlon acJop-tҽ by the_-ExU_cvtive and 8nancJ:l committee$ nt -tht Bqa:rd$ _Of Okecten ot Re\lanct !li5!Jrance C$npany, Unit«! Pacific Company and RailatK:e Natiornil JndetrJǂlty' cOǃpany _by, urlanimws Consent, tvary 28, 1994 and by '!:he -executive and Flnan¢hil Committee of the-Soard of Oirooton Reliance ,Surety Company by Vrwnimous :Consent datmj as of Match 31, 1 ' "Resolved that uğ of $uctl difecnm:o and officers arrd the ,Se'{!Lofthe, ,<:_Qffi?a:ny may ,be ;d'fixed to_- any such , f>ow¢r, -oJ -Attoiney, -Ot , '-afly -DŽenlficateS: ielaJin'g _thereto__ bv, faesimite,and :any such Power of Attort;ey ct wttficata tearing such f<:>'C'Simil!!' _ _ slgnatvres shaJI b e y'alfd and, bini!lng-upon _the Company _-:OW1!l"t--a exocuted and certified by f!igalie1ore !he ""l'!rnlither_eby --as fQ}ly _ and _-to- the sam5 extent as if such bonds 'and undertakings _and _other' Vlf(itings-_tlbligatory_ -in'-the_-_-n;atqre-ther5of _:.,were signed by: an l;_x.ecutive _Officer of the- -_-Companies_ and sealed -and attested by one other of such' offic_ers, and hereby ratifies and> confirms- all that their said Attomey(sHn,.Fact-m_ay do -in pursuance_ herepf, Tt)ls_- POwer of Ati:orr{e'yHn-Flict and ttt .authoriz'ii'ther(l to , on behalf oi the'-_Comp::my, bonds and Jfl)dettakings, recogniʃances, of ʄ---tlfRellance l1'1$urance Company, UnJte:d 'f'-a;:;ltlc fMuram:a Company and Reliance National tnd$nf)ltY by Voonlmqus ConsenLdate!i as- of February -1$94 f1clat Committee -qf the-Boord of Oirt:ctot!i l)f Rellance Svrety Company by UnanlmoU$ Consent rlateʍ:tas ut March 31, 1 9_94. ҳrt:Ҵw mat the sJgnawres vf such dlrʇi:ors and otfiʈrs and th!) _sel)i at the,_, Compaily may 'be _afflxed to, aiw such' PoWe(ot ,AttWney nr ,