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CONSTRUCTION CONTRACT MOSCOW FIRE STATION #3 THiS CONTRACT, dated this 13th day of May, 2003 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Ormond Builders, Inc. a Wu' it Ùts11 corporation (hereinafter 'Contractor'): /04.HO WITNESSETH: WHEREAS, pursuan1 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 four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: MOSCOW FIRE STATION #3 3. Bid/Proposal of the Contractor, dated April 23, 2003 to be physically attached to this Contract; 4. The project 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 Contract; 7. Addenda issued prior to opening of bids. 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 for the Base Bid plus Alternates Numbers One, Two and Four as specified, indicated and required under the Contract Documents for City of Moscow project titled: MOSCOW FIRE STATION #3 PAGE 1 - CONSTRUCTION CONTRACT 2003-23 ---PAGE BREAK--- ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before two hundred seventy (270) calendar days from the date 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. ARTICLE4. CONTRACT SUM The City shall pay the contractor for completion of work in accordance with the Contract Documents in current funds the amount of ONE MILLION THREE HUNDRED THIRTY THOUSAND THREE HUNDRED FIFTY-ONE DOLLARS ($1,330,351.00). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. 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 ii 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 plans and specifications established for this project. ARTICLE7. HOLD HARMLESS/ INDEMNIFICATON 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 !he operations of the Contractor or his subcontractors; or on account of or in consequence of any neglect in safeguarding 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 I Engineer and the City. PAGE 2 - CONSTRUCTION CONTRACT ---PAGE BREAK--- 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. 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 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 or 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 mailing addresses: Contractor: Ormond Builders, Inc. P.O. Box 1814 Idaho Falls, ID 83403-1814 City: City of Moscow P.O. Box 9203 Moscow, ID 83843 PAGE 3 - CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on lhe day and year first above written. ft Contractor/ \ / I 'JV President ACK NOWLEDGMENT State of ) ) SS ) On this 2 ;Jj) day of , 2003, before me, a Notary Public of the State of personally appeared 'D!5N OtU?UJ w c and in their official capacity as president an("Jgtary of Ormond Builders, Inc., known to me to be the persons described in the above document and acknowledged to me they executed the same. I Notary P r r 1 iding at: (seal) &/Is My commission expires: !fb:3. Oat PAGE 4 - CONSTRUCTION CONTRACT . I ---PAGE BREAK--- File:4258 [ID] [PRIVATE] [COPY:EST] I Recording Requested by and Return to: CONSOLIDATED ELECTRICAL DIST I C/O LIENDATA USA INC p 0 BOX 1120 I Bothell, WA 98041 Customer: CLEARWATER ELECTRIC P.O. Project: MOSCOW FIRE STATION #3 Rec ID: llFONROKI Job#: 0903126.0001 Cert No.: PRELIMINARY NOTICE FOR FURNISHING LABOR, MATERIALS OR EQUIPMENT TO THE OWNER OR REPUTED OWNER CITY OF MOSCOW CITY HALL P.O. BOX 9203 Moscow, ID 83843 TO ORIGINAL OR REPUTED CONTRACTOR ORMOND BUILDERS INC. P.O. BOX 1814 Idaho Falls, ID 83403-1814 TO LENDER, SURETY OR BONDING CO. 1. The following is a general description of the labor,service,equipment or materials furnished or to be furnished by the undersigned: ELECTRICAL MATERIALS 2. Estimated Price: $30,000.00 3. The name of the person who furnished that labor, service, equipment or materials is: CONSOLIDATED ELECTRICAL DIST C/O LIENDATA USA INC P 0 BOX 1120 Bothell, WA 98041 4. The name of the pe:rson who contracted for purchase of that labor, service, equipment or material is: CLEARWATER ELECTRIC P.O. BOX 299 Lapwai, ID 83540 5. The description of the jobsite is: MOSCOW FIRE STATION #3 Moscow, ID NOTICE TO PROPERTY OWNER THIS IS NOT A LIEN. THIS NOTICE IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. THE UNDERSIGNED CONTRACTOR, SUBCONTRACTOR OR SUPPLIER HAS AGREED TO FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIALS FOR THE WORK OF IMPROVEMENT ON YOUR PROPERTY. IF BILLS ARE NOT PAID IN FULL, THE UNDERSIGNED MAY ASSERT A MECHANIC'S LIEN AGAINST YOUR PROPERTY, LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF YOUR PROPERTY, EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR, OR ANY OTHER METHOD OR DEVICE WHICH IS APPROPRIATE UNDER THE CIRCUMSTANCES. I declare that I am authorized to file this claim on behalf of the cJaimant. read the foregoing document and know the contents thereof; the same is true of knowledge. I declare under penalty of perjury that the foregoing is true and Executed at Bothell, Washington on 09/03/2003 for CONSOLIDATED ELECTRICAL LIENDATA USA INC. PROOF OF SERVICE BY MAIL AFFIDAVIT I have my own correct. DIST C/O I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 09/03/2003. I declare under penalty of perjury that the foregoing is true and correct. Executed at Bothell, Washington on 09/03/20 . By' REBECCA SOUTHERN, AG? ---PAGE BREAK--- CITY OF MOSCOW CITY HALL P.O. BOX 9203 Moscow, ID 83843 09/03/2003 CONSOLIDATED ELECTRICAL DIST C/O LIENDATA USA INC P 0 BOX 1120 Bothell, WA 98041 Phone: (253) 852-1618 RE: NOTICE TO OWNER OR PUBLIC ENTITY To the Public Entity: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the: MOSCOW FIRE STATION #3 project, located at , Moscow, ID Such labor, services, equipment or materials were contracted for by: CLEARWATER ELECTRIC , P. O. BOX 299, Lapwai, ID 83540 , who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity or credit standing of the contractors involved in this job, but is given merely to comply with the laws of this state. However, to fully protect yourself you may consider requiring your contractor to furnish a signed release from the person or firm giving you this notice before making payment to contractor, or any other method or device which is appropriate the circumstances to guarantee payment of this debt. We appreciate your under the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request, please feel free to call me personally at (253) 852-1618. Thank you. Sincerely, ---PAGE BREAK--- File:4257 [ID] [PUBLIC] [COPY:EST] Recording Requested by and Return to: Customer: ORMOND BUILDERS INC. P.O. CONSOLIDATED ELECTRICAL DIST C/O LIENDATA USA INC P 0 BOX 1120 Bothell, WA 98041 Project: MO SCOW FIRE STATION #3 Rec ID: 11FONOF3A Job#: 0903126.0002 Cert No.: NOTICE OF RIGHT TO LIEN FOR FURNISHING LABOR, MATERIALS OR EQUIPME TO THE OWNER OR REPUTED OWNER CITY OF MOSCOW CITY HALL P.O. BOX 9203 Moscow, ID 83843 TO ORIGINAL OR REPUTED CONTRACTOR ORMOND BUILDERS INC. 1084 N. SKYLINE DRIVE Idaho Falls, ID 83402-1765 TO LENDER, SURETY OR BONDING CO. AND REQUEST FOR COPY OF PUBLIC BOND 1. The following is a general description of the labor,service,equipment or materials furnished or to be furnished by the undersigned: ELECTRICAL MATERIALS 2. Estimated Price: $45,000.00 3. The name of the person who furnished that labor, service, equipment or materials is: CONSOLIDATED ELECTRICAL DIST C/0 LIENDATA USA INC P 0 BOX 1120 Bothell, WA 98041 4. The name of the person who contracted for purchase of that labor, service, equipment or material is: ORMOND BUILDERS INC. 1084 N. SKYLINE DRIVE Idaho Falls, ID 83402-1765 5. The description of the jobsite is: MOSCOW FIRE STATION #3 Moscow, ID REQUEST FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO CONTRACTING BODY: CITY OF MOSCOW CITY HALL or State Comptroller The undersigned claimant hereby declares that he has supplied labor or materials as described above, that payment has not yet been made therefore, and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the claimant, at the address listed above, and the current address of the contracting public entity. APPLICATION FOR COPY OF PAYMENT BOND AND NAME OF SURETY COMPANY TO THE CONTRACTING BODY: CITY OF MOSCOW CITY HALL OR STATE COMPTROLLER THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRAC'£0R. THE UNDERSIGNED HAS EN'rERED INTO A CONTRACT TO PERFORM LABOR MATERIALS FOR THE ABOVE-DESCRIBED PUBLIC PROJECT, AND WILL LOOK TO YOU SURETIES FOR PAYMENT IF THE PERSON ORDERING SUCH MATERIALS AND LABOR FAILS TO OR FURNISH AND YOUR PAY FOR THEM. I declare that I am authorized to file this claim on behalf of the claimant. read the foregoing document and know the contents thereof; the same is true of knowledge. I declare under penalty of perjury that the foregoing is true and Executed at Bothell, Washington on 09/03/2003 for CONSOLIDATED ELECTRICAL LIENDATA USA INC. PROOF OF SERVICE BY MAIL AFFIDAVIT I have my own correct. DIST C/O I declare that I served a copy of the above document, and any related documents, by (as required by law) first-class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 09/03/2003. I declare under penalty of perjury that the foregoing is true and correct. Executed at Bothell, Washington on 09/03/2003. ---PAGE BREAK--- CITY OF MOSCOW CITY HALL P. O. BOX 9203 Moscow, ID 83843 09/03/2003 CONSOLIDATED ELECTRICAL DIST C/O LIENDATA USA INC P 0 BOX 1120 Bothell, WA 98041 Phone: (253) 852-1618 RE: NOTICE TO OWNER OR PUBLIC ENTITY To the Public Entity: We are required by the laws of this state to notify you that we are furnishing labor, services, equipment or materials of the type described on the enclosed standard form for the work of improvement known as the: MOSCOW FIRE STATION #3 project, located at , Moscow, ID Such labor, services, equipment or materials were contracted for by: ORMOND BUILDERS INC. , 1084 N. SKYLINE DRIVE, Idaho Falls, ID 83402-1765 I who is one of the owners, general contractors or subcontractors of this project. We are further required by law to notify you at this time that if bills are not paid in full for labor, services, equipment or materials furnished, or to be furnished, the improved property may be subject to mechanic's liens or stop notices, or a notice to withhold funds may be filed where applicable. The enclosed notice is not intended to reflect in any way on the integrity credit standing of the contractors involved in this job, but is given merely comply with the laws of this state. However, to fully protect yourself you consider requiring your contractor to furnish a signed release from or to may the person or firm giving you this notice before making payment to contractor, or any other method or device which is appropriate the circumstances to guarantee payment of this debt. We appreciate your under the opportunity of furnishing our services for this job and we hope it is progressing to your satisfaction. Should you have any questions concerning this request, please feel free to call me personally at (253) 852-1618. Thank you. Sincerely,