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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 24th day of March, 1995, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter, "City") and Dickerson Pump & Irrigation Co., 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 : WELL 6 PUMP RENOVATION - 1995; 2. SCHEDULE OF PRICES, attached to this contract. 3. 4. Performance and Payment Bonds and Insurance Certificates, be physically attached to this Contract; Change Orders which may be delivered or issued after effective date of this Agreement; to the 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 May 15, 1995, unless adjustment of the contract time is made in accordance with the provisions of the CONSTRUCTION CONTRACT PAGE 1 ---PAGE BREAK--- 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 THIRTY-FIVE THOUSAND NINE HUNDRED SIXTY DOLLARS ($35, 9 60.00). Said Contract Sum may be modified in accordance with the specifications. 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 Documents. All work shall be completed specifications established for this project. ARTICLE 7. required by the Contract in accordance with the 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 PAGE 2 ---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 PAGE 3 ---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: Dickerson Pump & Irrigation Co. , Inc. P. O. Box 2823 Spokane, WA 99220 City of Moscow 122 E. 4th Street P. O. Box 9203 Moscow, Idaho 83843 CONSTRUCTION CONTRACT PAGE 4 ---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: Dickerson Pump & Irr. Co. ,Inc City: City of Moscow ·secretary day p· bl · of rUv II r 'p official capacity as persons described in eecuted the same. CONSTRUCTION CONTRACT PAGE 5 Paul C. Ag1dii'S, Mayor Elaine Russell, City Clerk City Attorney ACKNOWLEDG$ENT of tvi?vr , 1995, before me, a the:-State-;ofY X RSpersonally appeared and , in their Presiaeni1and Secretary, known to me to be the the above document and acknowledged to me they resJ.dJ.ng expires ---PAGE BREAK--- ACKNOWLEDGMENT On this day of Q 1995, before me, a Notary Public of the State of 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. n . 4 , oŪ Ka Notary Public residing at 7r My Commission expires ACKNOWLEDGMENT On this S/21!: day of %J&L 1995, before me, a Notary Public of the State of Idaho, 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 PAGE 6 My Commission expires I 1 Y 1 ) atPO ) ---PAGE BREAK--- SCHEDULE OF PRICES WELL 6 RENOVATION - 1995 ITEM DESCRIPTION QUANTITY UNIT TOTAL NO. &UNIT PRICE PRICE 1. Pull and re-install pump, motor, and oil 6900.00 tube assembly Lump Sum $ 2. Motor rebuild-actual cost plus this amount Lump Sum $ 650. 00 3. Pump renovation a. Replace series case bearings 10 each $ 82.00 $ 820.00 b. Replace pump shaft Lump Sum $ 1660 OQ c. Trim impeller hubs, balance and add case wear rings Lump Sum $ 2150.00 d. Furnish and install new ss fasteners Lump Sum $ 290.00 e. Furnish and install new gaskets and seals Lump Sum $ 200.00 f. Replace strainer screen Lump Sum $ 310. 00 4. Replace, tube tension bearing Lump Sum $ 1460.00 5. Oil tube renovation a. Trim tube ends 50 each $ 50.00 $ 2500.00 b. Replace oil tube coupling bearings 40 each $ 67.00 $ 2680.00 c. Replace oil tube shaft ( 1 0 ft. section) 30 each $ 338.00 $ 10' 140.00 (cont.) ---PAGE BREAK--- Schedule of Prices - Well 6 Renovation - 1995 Page 2 d. Replace oil tube $ 140. 00 ( 5 ft. section) 10 each e. Replace spider bearings 10 each $ 27.00 6. Replace column pipe (8 inch dia., 10 foot section) 10 each $ 453.00 7. Replace air line - actual materials costs plus this amount Lump Sum 8. Complete bowl assembly replacement (New pump) Lump Sum $ (Peerless) 1400 GPM @ 640' $ 1400.00 $ 270. 00 $ 4530.00 $ 100. 00 131340.00 TOTAL (Do not include item 8) $ 35,960.00 Contractor: Dickerson Pump & Irrigation Co., Inc. ---PAGE BREAK--- 30587597 Bond No. _ _ Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Performanee Bond KNOW ALL MEN BY THESE PRESENTS: Dickerson Pump & Irrigation Co., Inc. ThaL----- - :1:Y .anc:l.l19/JQ() Dollars 960_,00 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated.. March 24 19 9_N entered into a contract with Owner for WELL NO _6 Mos.cow:,_ .Idaho _ in accordance with drawings and specifications prepared by (Here insert full name, title and address) 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 Contractor shall and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may remedy the default, or shall Complete the Contract in accordance with its terms and conditions, or Obtain a bid or bids for completing the Contract in accordance with its terms and condi- ---PAGE BREAK--- Bond No . 3458.559.7 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Labor ami lUaterial Payment Bond Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract, KNOW ALL MEN BY THESE PRESENTS: Dickerson Pump & Irrigation Co., Inc1 (Here insert the name and address or legal title of the·Cij;;;;k;) . J' O M.P.2.N,.XiP.<:>J>apg , WA '.l;l;Z 2Q::-O.P2 . as'Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT CoMPANY OF MARYLAND, a corpora tion of the State of '\1aryland, with its home office in the City of Baltimore, Maryland, U. S. as Surety, hereinafter called Surety, are held and firmly bound unto.. . Cit.y.o£ .Mos=w., Idaho. . (Here insert the name and addrt>ss or lega l title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of N.tn..ƞ---Ɵ\.1,Ơ.9:ơ§_q _ _ $A.,2:t;.Y ƜƝ }!9/o9.9. (Here insert a lurn equal to at least one-half of the contract pric:e) Dollars }5,.960 · 00 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has Ly written agreement dated March 24 entered into a contract with Owner for .WELL NO- 6, Moscow., Idaho in accordance with drawings and specifications prepared (Here insert full nam(e, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NO\V, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shaH make pay\ ment to all claimants as hereinafter defmed, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were fun1ished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit, ---PAGE BREAK--- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE. MD KSOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a corporation of the State ol Maryland. by C. M. PECOT, JR Vice-President. and C. W. ROBBINS, Assistant Secretary, in pursuance of authority gramed by Article VL Section 2, of the By+ Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof. does hereby nominate, constitute and appoint P. P. Jr., Robert J. Jones, Dwight B. Aden, James A. Brown, Janice I. Shuey and Richard A. Merritt, all of Spokane, Wash in ton EACH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 s rue an aw u agen an . orncy-m- ac, to m e, execute. sea an er, or, an s a as surety. an as 1ts act and deed: any and all bonds and undertakings @ . ® Assistant Secre STATE m· l\1ARYLASD m M CorNTY OF BALTIMORE ( SS: ! On this UX_h Aay oL A!lJ:J_L 19_9_4_, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument. and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. s c'A"R()l._I n My Commission Expires CERTIF1CATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED' ''That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 4ƚ1-ƛ-- day oL Ƣ_.rg)L_ , 19.22. Ll42& -180-4119 ---PAGE BREAK--- JC1NES&M l T CHELL P.02 Jones IIi Mitchell P. 0. Sox 2'186 Spokane, WA 99220 (509)838-3501 Fax(509)Sl8-J511 DICDRSOK PU!G' MD U!lUOA'flOK CO. 1 INC. li' 0 BOX 2823 SPODm!:, WASHIƙ 99220 Eii!Mif - - COMPANIES AFI'OROING OOVEAAGE A i'EDEM.ft:D IHS CO K s c 0 L5/01195 05/011 _ _ - 05/01/95 '05/011 05/01195 ---PAGE BREAK--- JONES&M! TCI-lELL Jones & Mitchell o. Box 2786 Spokane, WA 99220 (509)838-3501 Fax(509)638-35ll DICURSON .PUMP 11Nt1 IRRIGATION CO., INC. I' 0 BOX 2823 SPOKANE, WASHINGTON 99220 - - - OF MOSCOW IDAHO - - ' - ' COMPANIES AFFORDING COVERAGE A FEDERATED INS CO B c JD E Ũ i,JliffT bslol/94 , os/ol/9si9oOL11.dW · 05/01/94 . 05/01/ ()5/01/94 05/ 01/ iSODt.Yũ fli'M- :0 SHOW> ANY 01' tHE - OO!l!I'!I9ED l'OUCli!S BE CAAiCa.U!D - - EXP1AAnt.ll'l DATE THEll!OF. TllG COMP- WIU. !flit MAll.l DAYS WRITI'EN N01I(:£ 10 '!HE TO TME LVTƘll!ilili¥111\llll RJIM..,...llii'Tl!Q!I"'"'Tll,u,,,TF IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFioRS NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS CERTIFICATE lJOES NOT AMEND, EXTEND Ot1 ALTER THE COVERAGE AFI vRDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A FEDERATED INS CO LETTER COMPANY B LETTER COMPANY c LETTER COMPANY D LETTER E THIS IS TO THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 0A: OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERllACATE MAY BE ISSUED OR MAY THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND I TYPE OF INSURANCE IJA8IUTY 609417 . 603288 WORKER'S COIIPENSA TION ANI) 609417 EMPLOYERS' UAIIIUTY OlliER DESCRIPTION OF OPERA110NSJI.OCA1'10NSIVEHICLE$1SPECIAL ITEMS /01/95 05/01/ 9 /01/95 05/01/ 9 BOOIL Y INJURY ; (Per aeclden!) PROPERTY DAMAGE /01/95 05/01/ CITY OF MOSCOW NAMED AS ADDITIONAL INSURED AS RESPECTS WELL #6 OF MOSCOW IDAHO $ :s ---PAGE BREAK--- 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 SCHEDULE Name of Person or Organization: CITY OF MOSCOW PO BOX 9203 MOSCOW ID 83843·1703 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations 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, but only with respect to liability arising out of your ongoing operations performed for that insured. Job or Project: CONTRACTORS LICENSES ORDINANCE #94 02 WELL PUMP RENOVATION · 1995 Insured: DICKERSON PUMP & IRRIGATION CO INC PO BOX 2823 SPOKANE WA 99220 CG 20 10 (1 0-93) Copyright, Insurance Services Office, Inc., 1992 Policy Number: 609417 Effective: 05/01/95