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CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 20th day of April, 1993, by and between Wilbur Fletcher, Inc. hereinafter called the 'Contractor' and the City of Moscow, a Municipal Corporation of Idaho, hereinafter called the 'City'. WITNESSETH THAT: WHEREAS, pursuant to the invitation of the City, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 31st day of March, 1993, file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has heretofore determined that said offer was the lowest and best submitted: NOW THEREFORE, the Parties hereby agree as follows: I. Complete with Specifications That the Contractor shall comply in every way with the provisions and requirements of those certain specifications entitled: NORTHEAST RESERVOIR REPAIR AND PAINTING - 1993 II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement by incorporation as though fully set forth herein: 1. The 'Advertisement of Bids' - being the invitation to submit a proposal; 2. The specifications named above by title; 3. The detailed plans listed and described in bid specifications, together with those which may be issued as supplements thereof; and, 4. The proposal of the Contractor, which was submitted on March 31, 1993, the original or conformed copy of which is hereto attached and marked 'Exhibit Contractor's Initials ---PAGE BREAK--- III. Consideration That in consideration of faithful compliance with the terms and conditions of this agreement (including the specifications) the City shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of eighty-six thousand, eight hundred dollars ($86,800. 00) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided. IV. Completion This work shall begin no sooner than May 24, 1993 and shall be completed by July 30, 1993. v. 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: Wilbur Fletcher, Inc. P.O. Box 41 Dayton, WA 99328 City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, ID 83843 VI. Full Agreement This contract and the incorporated documents shall constitute the full agreement between the parties; any amendments thereto shall be made in writing. IN WITNESS WHEREOF, said Contractor and City have caused this agreement to be executed on the day and year first above written. Contractor: By{dL_UL_ President anA etary ---PAGE BREAK--- City of Moscow, Idaho: ATTEST: Elaine Russell, City Clerk ss On this c3iP -?f1 day of Public, perso y appe , President, an , Secretary, known to me to be the pres' of Wilbur Fletcher, Inc. whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the foregoing agreement. RUTH A PETE8 IJ Notary Pub ;ũ State o1 Washingt/;• My Commission July 1, 1995 ---PAGE BREAK--- STATE OF County of V ³ ss on this 0/f' f/"Lday of , 19´, before me a Notary Public in and for said Statf, appeared Paul C. Agidius and Elaine Russell, known to me to be the Mayor and City Clerk of the city of Moscow and acknowledged to me that they executed the foregoing agreement. ---PAGE BREAK--- . . ElHlBIT A I 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 1CITY1 for NORTHEAST RESERVOIR REPAIR AND PAINTING - 1993, specified herein and which construction documents are on file with the City Engineer, City Hall, 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 the provisions of this proposal and the specifications. 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. ---PAGE BREAK--- 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 / through have been delivered to him and have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph GS- 12(A) of the Specifications. 10. The undersigned holds Idaho state Contractor's License Number3/!l·Jt¢ $_r¤5 & cents) wdfv., c}rdL, 7..&tJ Firm Name of aidder Signature of Bidder SEAL (If Incorporated) Incorporation, Dated at Official Title to-, &r DbfotJ; cJ/J- 995:;¡ Mailing Address 11 u 311 I-ll-<( - 31-3×- SID-<'f$1) Public Woks License No. State of WA5 if incorporated. This day of 1993. ---PAGE BREAK--- STATEMENT OF BIDDER'S QUALIFICATIONS (MUST BE INCLUDED WITH THE BID) Each bidder submitting a proposal on work included in these specifications shall prepare and submit as part of his bid, the data requested in the following schedule: 1. Name of Bidder: !A.J/'/bu [tE fl:r:;. 1ki./G; 2. Business Address: fo c 173:2 ' 3. How many years has said bidder been engaged in the con tracting business under the present firm name: 4. Contracts now in hand (gross amount) $ /001c o0 , 7 5. General character of work performed by said company: U)lt/6-,.; Tm.:ts' Be f.J 6 6. List of AWWA water tanks (5 minimum) the bidder has coated on the interior with the paint system specified for this project. Include tank owner, contract price, dates, and engineer. !i7Ittc_f/J Hc--c I 7. List of company's c t? C:5,5 - 'J ?i - I major equipment: ;?lttsi,f?c,Js pS;.J?. 5f/\Ap?h-@F_ . AH7 e_i_mB-CD-E-FGH · to me known. who bemg by me duly sworn. acknowledged the execution of the above instrument and did depose and say; that he is a Vice-President of American States Insurance Company: that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affrxed by authority of the Board of Directors of sard Corporation: and that he signed his name thereto under like authority. And said Joseph F · Heim further sa1d that he is acquainted with John J · Rosich and knows him to be the Ass1stant Vice-President of said Coporat1on:::d that he executed the above instrument. porťŦŧLER. .1'\RY PUBLIC A ot.A-'l j w f't'F'·''N OUNTY, ST,:,;E OF INDIANA ¯ Ô . . . . · "F'RŤc-. 1()'2'92 Notary Publtc CCMMISSi::21'< Er. ! STATE OF INDIANA COUNTY OF MARION I. John J. Rosich . the Assistant Vice-President of AMERICAN STATES INSURANCE COMPANY. do hereby certify that the above and foregomg is a true and correct copy of a Power of Attorney. executed by said AMERICAN STATES INSURANCE COMPANY. which is still in force and effect. This Certificate may be signed and seated by facsimile under and by the authonty of Section 8.03 of the By-Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman. the president or any vice-president (including any Executive Vice-President. Senior Vice-President, Vice-President. Second Vice-President. or Assistant Vice-President) and the secretary, assistant secretary. or other officer. whose signatures. if the instrument is duly countersigned by an authorized representative of the Corporation. may be facsimilies. Such signatures and facsimiles thereof shall be authorized and bindmg upon the Corporation notwithstanding the fact that any such ofl1cer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." 31st MARCH In witness whereof. I have hereunto set my hand and affixed the seal of said Corporation. this day of 19_21_. Assistant Vice-President POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN HEREOF IN INK. WITH A RED DIAGONAL IMPRINT- AMERICAN STATES INSURANCE- PRESENT IN ITS ENTIRETY. IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL [PHONE REDACTED] OR WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. ---PAGE BREAK--- ADDENDUM NO. ONE March 16, 1993 Northeast Reservoir Repair and Painting - 1993 City of Moscow, Idaho Project No. 102-93 1. The bidder shall be the prime contractor on a minimum of seventy percent (70%) of the contract price; may subcontract a maximum of thirty percent (30%) of the contract. 2. Under Part II of the TECHNICAL SPECIFICATIONS, Section 4, Subsection f, SUPERVISION AND RECORDS, page 45, add the following: The contractor's jobsite supervisor personally shall have been a major participant in the repainting of a minimum of five AWWA municipal steel water storage reservoirs utilizing the paint system herein specified. Documentation of this qualification must be submitted and certified by the contractor prior to beginning work. 3. Under Part II of the TECHNICAL SPECIFICATIONS, Section 8, Subsection d, COATING INTERIOR SURFACES, page SO, add the following: The applicator (contractor's employee) of all paint shall possess the experience of having applied the majority of the paint to a minimum of five AWWA municipal steel water storage reservoirs utilizing the paint system and methods herein specified. Documentation of these qualifications must be submitted and certified by the contractor prior to beginning work. Receipt of ADDENDUM NO. ONE must be acknowledged. This form must be signed and attached to the proposal to acknowledge receipt of Addenda. SCinatUre of Bidder ---PAGE BREAK--- ȒnAMERICAN $TATES INSURANCE AMERICAN STATES INSURANCE COMPANY INDIANAPOLIS, INDIANA 46204·1275 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That WILBUR FLETCHER INC. as Principal. hereinafter call Principal. and American States Insurance Company, a corporation of the State of Indiana. with its home office in the City of Indianapolis, Indiana , U.S.A as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF MOSCOW, IDAHO as Obligee. hereinafter called Obligee. for the use and benefit of claimants as hereinbelow defined. in the amount of Eighty-six thousand Eight and no/100 - - - - - -Dollar 86,800.00 ior 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 by written agreement dated entered into a contract with Obligee for REPLACING 24 TENSION RODS, STANDING PLATFORM AND ACCESS LADDER ALL INSIDE THE RESERVOIR & SANDBLASTINE & PAINTING OF THE INTERIOR OF which contract is by reference made a part hereof. and is hereafter referred to as the contractNORTHWEST RESERVOIR NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. That it the Principal shall make payment to all claimants as hereinafter defined ior all labor and material used or reasonably required for use in the per formance of the contract. then this obligation shall be void; otherwise it shall remain in full force and effect. subject. however, to the following conditions: A claimant is defined as one having a direct contract with the Principal for labor, material. or both, used or reasonably required for use in ihe 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. The above-named Principal and Surety hereby jointly and severally agree with the Obligee 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 furnished by such claimant. may sue on this bond for the use of such claimant in the name of the Obligee. prosecute the suit to final judgement tor such sum or sums as may be justly due claimant. and have execution thereon. provided. however. that the Obligee shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant. Unless claimant shall have given written notice to any two of the following: The Principal. the Obl1gee. or the Surety above named. w1thin ninety (90) days after such claimant did or performed the last work or labor. or furnished the last of the materials for which said claim is made. stating with substantial accuracy the amount c!aimed and the name of thȑ party to whom the rnateriats v:ere furnished. or for whom the vƑork or labor was done or performed. Such notice shall be served by mailing the same by registered mail. postage prepaid. in an envelope addressed to the Principal, Obiigee or Surety. at any place where an office is regularly main. tained for the transaction of business. or served in any manner in which legal process may be served iŢ the state in which the aforesa1d project is located. save that such service need not be made by a public officer. After the expiration of one year following the date on which Principal ceased work on said conEract. Other than in a state court of competent jurisdiction in and for the county or other political subdivis;on of the statʼn in which the project. or any part therof, is situated. or in the United States District Court for the in which the project. or any part thereof. is situated. and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good fa1th hereunder. S1gr1ed and sealed this . r-M 1-9 ::eal) T Principal AMERTATQCE COMPANY By P ZOŊ Attorney·in-Fact ---PAGE BREAK--- šnAMERICAN STATES INSURANCE • CiNCOLil w.riQNÓN.==co==R=DCJRA=JION= AMERICAN STATES INSURANCL.-oOf91MN'P INDIANAPOLIS, INDIANA 462d4r27K --LtJ.LLU KNOW ALL MEN BY THESE PRESENTS: That WILBUR FLETCHER, INC. PERFORMANCE BOND MAY 0 7 1993 as Principal. hereinafter call Principal, and AMERICAN STATES INSURANCE COMPANY, a corporation of the state of Indiana. with its home office in the City of Indianapolis, Indiana. U.S.A.. as Surety, herei nafter called Surety, are held and firmly bound unto IU = O as Obligee, hereinafter called Obligee. in the amount of Eighty-six thousand Eight hundred and no/100 - - - - - - - - - - - - - - - - - - - - - - - - - Dollars 86.z.800.00 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 by written agreement dated 3 entered into a contract with Obligee for SANDBLASITING AND PAINTING OF TIIE INTERIOR OF TIIE NORTHEAST Ǝ - - R-E_ E- RV _ O_I ; - RE _ P_ LA: _ C _ IN _ G _ 24 _ T _EN Ə SI_ O _ N - RO - D Ɛ S - , _ STAND IN _ G _ P _ LA _ T _ F _O _RM _ AND _ _ At_ C_C_E _S S _ LAD_D_E_R_AL _ L IN S1i TIIE RESERVOIR 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 Principal shall and faithfully perform j said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Principal shall be. and be declared by Obligee to be in default under the contract, the Obligee having per1ormed Obligee's obligations thereunder: Surety may remedy the default subject to the provisions of paragraph 3 herein, or: Obligee after reasonable notice to Surety may. or Surety upon demand of Obligee may arrange for the performance of Principal's obligation under the contract subject to the provisions of paragraph 3 herein: The balance of the contract price, as defined below, shal be credited against the reasonable cost of compleȐng periormance of the contract. If completed by the Obligee. and the reasonable cost exceeds the balance of the contract price, the Surety shall pay to the Obligee such excess. but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges completion or remedies the default. that portion of the balance of the contract price as may be requir×d to complete the contract or remedy the default and to reimburse the Surety for its outlays shall be paid to the Surety at the time and in the manner as said sums would have been payable to Principal nad there been no default under the contract. The term "balance oi the contract price. " as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the contract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the contract. Any suŊ under this bond must be instituted before the expiration of two years from date on which final payment under the contract falls due. NCJ right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs. executors. administrators or su9cessors of the Obligee. 9·1055 (8·86) ---PAGE BREAK--- . . . f C11C nATC f).H,Cinr)NV\ . : . . . . · . . . PRODUEER n 1/22/93 . . . · , THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BLUE MOUNTAIN INSURANCE 125 MAIN STREET PO BOX 155 WAITSBURG WA 99361 INSURED WILBUR FLETCHER, INC. PO BOX 41 DAYTON WA 99328 COMPANIES AFFORDING COVERAGE COMPANY A }ER AMERICAN STATES INSURANCE COMPANY COMPANY B ~R COMPANY C ~R COMPANY D ~R COMPANY E ~R COVERAGES:... . . . . . . . . . · · · · . . . . . . . . . . . . . . . . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE A ®ERALUABIUTY X COMMERCIAL GENERAL LIABILITY POUCY NUMBER CLAIMS MADE OCCUR. 01-AP-061159 OWNER'S & CONTRACTOR'S PROT. A AUTOMOBILE LIABILITY x ANYAUTO All OWNED AUTOS SCHEDUUED AUTOS HIRED AUTOS - NON-OWNED AUTOS - _ GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM ll OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY 1 OTHER 01-AP-061159 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECJAL ITEMS CERTIFICATE HOLDER:. . . . . . . . TO WHOM IT MAY CONCERN ACORD 25--5 (l/90) POLICY EFFECTIVE POLICY EXPIRATION: DATE (MM/DD/YY) DATE (MM/DD/YY) I LIMITS 9/23/92 9/23/93 9/23/92 9/23/93 GENERAL AGGREGATE s PRODUCTS-COMP/OP AGG. $ 1 PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) s MED.EXPENSE(Anyoneperson) $ COMBINED SINGUE LIMIT BCDIL Y INJURY (Per person) BCDIL Y INJURY (Per accident) PROPERTY DAMAGE j EACH OCCURRENCE AGGREGATE I I STATUTORY LIMITS I EACH ACCIDENT I DISEASE-POLICY LIMIT I : DISEASE--EACH EMPLOYEE s s s s s s s s s 2,000,000 2,000,000 1,000,000 1,000,000 50,000 5,000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ȏ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE : LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS SENTATIVES.