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CONSTRUCTION CONTRACT HAMILTON INDOOR RECREATION CENTER THIS CONTRACT, dated this 9th day of April, 2003 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Paras General Contractors, Inc. a Washington corporation (hereinafter 'Contractor'): 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 four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: HAMIL TON INDOOR RECREATION CENTER Volumes One and Two 3. Bid/Proposal of the Contractor, dated March 12, 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: HAMILTON INDOOR RECREATION CENTER PAGE 1 -CONSTRUCTION CONTRACT 2003-17 ---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 APRIL 1, 2004 and as set forth in the technical specifications, 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 TWO MILLION SIX HUNDRED NINETY-5EVEN THOUSAND SEVEN HUNDRED DOLLARS ($2,697,700.00). 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 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 G. 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. ARTICLE 7. HOLD HARMLESS IINDEMNIFICA TON 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 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. ARTICLES. 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: Paras General Contractors, Inc. 1315 N. Monroe Spokane, VVA 99201 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 the day and year first above written. City: ACKNOWLEDGMENT State of w _a _sh _ l_ · n_ g_t_o _n ) County of p_ o_ k _ a_n _e _ ) ss ) On this day of , 2003, before me, a Notary Public of !he State of personally appeared George I Paras and Pamela J. Paras in their official capacity as president and secretary of Paras General Contractors, Inc., known to me to be the persons described in the above document and acknowledged to me they executed the same. (seal) Not1!:sidinZ;, My commission expires: i 0 f, ?i Dati? ' PAGE 4 -CONSTRUCTION CONTRACT ---PAGE BREAK--- 2 3 4 5 6 7 8 . H.t\1.1IL TON INDOOR RECReATION CENTER MOSCOW, IDAHO Northwest Architectural Companv. 1-02042 GENeRAL CONTRACTOR PROPOSAL FORM Paf!e 1 GEt,HoRAL CONTRACTOR PROPOSAL FORM TO: Mayor and City Council City of Moscow, Idaho Date: March 12, 2003 9 This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow. 10 Idaho, as represented by the City Council, hereinafter referred to as the "CITY'' for Hamilton Indoor 11 Recreation Center. specified herein and which construction documents are on file with the City Engineer. 12 Paul Mann Building, 221 East Second Street, Moscow, Idaho, and which are a condition hereof wtth the 13 same force and effect as though they were attached hereto. The offer is conditioned on the following 14 declarations as to the facts, intentions, and understanding of the undersigned and the agreement of the CITY 15 to the terrns and prices herein submitted. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 , 38 39 40 56 L 2. 3. 4. 6. ' c. 10. All project specifications and drawings examined by the undersigned and their terrns and conditions are hereby agreed to. The undersigned cenifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. It is understood that the contract drawings may be supplemented by additwnal drawings and specifications in explanation and elaboration of the contract drawmgs and 1t is agreed that such supplemental drawings. when not in conflict with those referred to in para1,>raph l above, will have the same force and effect as if attached hereto and that when received they will be considered a pan of the contract The undersigned will fumish separate performance and payment bonds m the full amount of the contract price. The cash. certified check, bid bond, or cash1er's check accompanymg thts proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount btd tf the undersisrned shall fall or refuse to execute the contract, furnish performance and payment bonds, and msurance cendicate as required by the specifications within the time limit therem after notification that the said proposal 1s accepted, all m accordance with the proviswns of this proposal and the speclilcations. The undersigneci further a§,"Ttes tha: the CITY shall have the nght to accÉpt or rCJec: any b1d deemed to be in the best mterest of the CIT'r'. The unders1gned agrees to order all necessar)' equipment ar:d matenals w1thm a period of tf"-Jee days after :\"ot1ce to P:-oceed Ëlas been 1ssued by the Ci:y Eng;n:::er. The unCersJt;'Tied. as a biddeL 3 have been dellvered ' ' 1 a:knowledges that Addenda ;\urr:ber through to hlm and have been exammed as par:: oi tne contract t:me 1 ne :lT:JersJg:-:ed protJoses to Êse the . . suoconc-ac:ors tr:e pe:-?ormance of roLov-;:r;g mee:ir;g the contract requ:rements. bfor:natJOn l;erein must comply wnh Idaho Code Sec:wn 67-23 l 0 and IB-16: ---PAGE BREAK--- HAMIL TON INDOOR RECKr::A TION CENTER MOSCOW, IDAHO Northwest Architectural Comnanv. 1-02042 GEJ\'ERAL CONTRACTOR PROPOSAL FORM Page .2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Trade Special tv Idaho Public Works License No. S Amount !6 !7 !8 19 20 21 22 23 24 25 26 27 28 29 30 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for Hamilton Indoor Recreation Center as described in the specifications, including all appurtenant work, all as reqmred by the specifications and this proposal for the pnces in accordance with the completed schedule contract prices as follows: BID SCHEDCLE 31 32 (NOTE: The amounts below shaiJ INCLUDE all applicable taxes. All blanks must be completed to make 33 proposal acceptable.) 34 35 BASJC BID: 36 3ī To construct Hamilton Indoor Recreation Center. complete, as specified and as sho\\'TI on the plans , the 38 39 B1dder submits a lump sum pnce 40 44 Dollars ;ne Cnde:-s:gned proposes to modify the Base Bld by de:eur,g from. addmg to. or otherv/lse modifymg the 6 \Vori: rrs f'J:-the des::.Jvf!L TON INDOOR REChATION CE:N1ER MOSCOW, IDAHO Northwest Architectural Comnanv 1-02042 GEN.t::RlcL CONTR.A.CTOR PROPOSAL FORM Page 3 4 5 6 s ALTERNATE NO.2. TELESCOPING BLEACHERS: /\DD: ALTERN ATE NO. 3. SCOREBO.ARD SYSTEM 9 ADD: 10 l1 12 13 ALTERJ>JATE NO. 4. SIDEWALK AND LIGHTING IMPROVEMENTS: 14 15 ADD 16 Dollars 1 7 Do II ars , 18 19 ALTER.NATE NO.5. ANTI PARKING MODIFICATIONS 20 21 /WD: 22 23 2Ė AL TERJ\ATE NO. 6, ALUivfl:i\'UM CLAD \VOOD \VINTIO\VS: 26 28 29 30 ADD: 31 (.'\moun: sho.ll be sho\vr; in both words and figures. If there is o. d1screpancy. the o.moum shO\VD m words 35 The :lbJĕes tf;at ti1e follo\)nng umt pnces 3S <:r.re furthe:- c.iescnhed the Contract r Docu:r:.ents m 0] 026 m:::y govern adO:twns and dt::duct;or:s reqwreG durmg :he course of the \Vork: n .A.IJD CY Inc . 1 3 1 5 N. Monroe, Spokane, VIA 99201 1 2968-AAA-3 James D. Paras, Vice President Washington ---PAGE BREAK--- HAMIL TON INDOOR REC!L . • TION CE:N1ER MOSCOW.IDAHO Northwest Architectural Comnanv 1-02042 GENERAL COl'-i1RACTOR PROPOSAL FORM Page 4 2 SEAL (if tncorporated) 3 5 6 7 8 9 10 11 12 13 14 15 16 Dated at Spokane, WA This 1_2_t ltiay of_M _ a_r_c_h . 2003. END OF GENERAl CONTRi\.CTOR PROPOSAL FO!Uvl ---PAGE BREAK--- HAMILTON INDOOR RECREATION CENTER MOSCOW, IDAHO Northwest Architectural Company, 1-02042 GENERAL CONTRACTOR PROPOSALFORM Page 5 Subcontractors Trade Specialty 10 Public Woks License No. Insulation Roofing Siding d. /h r4 Special Doors f. /)II II Walls & Ceilings n. 0. p. q. r. s. t. u. V. w. X. y. z. Flooring 1"1710 Wood Gym Flooring - Lj Painting & Wall Covering IL'J Cft:.tl- C. -7 Telescoping Bleachers I"'T' OOL -13- 4' Fire Protection /JL/35'- - A- G( $ Amount 8%oo6 - ---PAGE BREAK--- THE AI,,...:RICAN INSTITUTE OF AF.._,HITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we PARAS GENERAL CONTRACTORS, INC. as Principal, hereinafter called the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF MOSCOW as Obligee, hereinafter called the Obligee, in the sum of 5% OF THE MAXIMUH &'!OUNT Dollars($ for the payment of which sum well and truly to be made, the said Principal and the 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 for HAMILTON INDOOR RECREATION CENTER, MOSCOW, IDAHO NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shaH be nul! and void, otherwise to remain in full force and effect Signed and sealed this 12th day of Harch 2003 Para General Inc. (Seal) Jame D. Vice President Fidelity and D nosit Company of Haryland / 1/J OAnne Tonani ' . i / v (Witness) AlA DOCUMENT A310· BID BONO, AlA® • FEBRUARY 1970 ED • THE AMERICAN !NST!TUTE OF ARCHITECTS. 1735 N_Y AVE., N.W. WASHINGTON, 0_ C. 20006 (Surely) (Seal) ---PAGE BREAK--- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice P e · ent, an T. . SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws d Comp ich are set forth on the reverse side hereof and are hereby certified to be in full force and effect on te here "1 hereby nominate, constitute and appoint Wm. DINNEEN, W. W. WELLER, Lois STEW ART, J TO eorge C. SCHROEDER and Chris LARSON, all of Spokane, Washington, EACH its true and Ia ent and ey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and dee and all and undertakings and the execution of such bonds or undertakings in pursuance of these presents, s as bindi._9on said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and a wledged :e regularly elected officers of the Company at its office in Baltimore, Md., in their own proper pe . his pow8 . attorney revokes that issued on behalf of Wm. DINNEEN, W. W. WELLER, Lois STEWART, Jo NANI£e C. SCHROEDER, Chris LARSON, Charla M. BOADLE, dated October 19, 1999. The said Assistant Secretary does hereby certifY 7the extract on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and force. IN WITNESS WHEREOF, the said Vice-Prbsident istant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND SIT COMPANY OF MARYLAND, this lOth day of January, A.D.2003. ATTEST: ;JP FIDELITY AND DEPOSIT COMPANY OF MARYLAND State of Maryland }ss· City of Baltimore · T E. Smith By: Assistant Secretary Paul C. Rogers Vice President On this I Oth day of January, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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. POA·F 180-4117 Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 ---PAGE BREAK--- 'ssociated Ind Agencies P.O. Box 717 lman, WA 99163 Ext: COMPANY B COMPANY c COMPANY 0 I INDICATED, NO'IWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lYPE OF INSURANCE LIASIUlY LIASIUlY Ĕ 1HE PROPRIETOR/ PARTNERS/EXECUTIVE · OFFICERS ARE: POLICY NUMBER 7 P30001192 POI.JCY EFFEC11VE DATE (MMIDOIYY) 04/25/1998 04/25/1999 . / 04/25/1999 04/25/1998 04/25/1999 : 80Dfl.. Y INJURY :(Per person) « BOOtl Y INJURY : (Per accident} ; PROPERTY DAMAGE UMITS $ $ City of Moscow, Idaho is Additional Insured with respect to work performed on their behalf by Named Insured under contract of . . . , CITY OF MOSCOW PO Box 9203 Moscow, IO 83843 SHOULD AHV OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRAllON DATE THEREOF, THE ISSU1NG COMPANY WILLªY9ft(!!Q MAIL _JjL_ DAYS WRilTEN NOTICE TO ntE CERT1FICATE HOLDER NAMED TO lliE LEFT, ---PAGE BREAK--- DUPREE BUILDING SPECIALTIES May 16, 2003 City Of Moscow, City Clerk 122 E. Fourth Street Moscow, ID. 83843-2908 To Whom it May Concern: 1035 E. Cataldo PO. Box 225 Spokane. Washington 99210 (509) 484-2000 (509) 484-8400 FAX (800) 705-4606 DU-PR-EB-Sl56MA We would like to take this opportunity to extend our congratula tions to you on the construction you are doing on the Hamil ton Indoor Recreation Center - 1724 E. St., Moscow, ID., and that we are furnishing labor and/or materials for Paras General Contractors, Spokane, WA., on this project. In order for us to preserve our lien rights, the state law requires that we advise you that we are furnishing labor and/or materials for your building and that we may claim a lien against your property or the payment and performance bond. We certainly do not anticipate any such necessity and we hope that you will not construe the enclosed notice as any reflection on you or Paras General Contractors, Spokane, WA. We are sure that you will recognize that it is simply good business practice for us to preserve our lien rights. We do hope that you will be pleased with the materials we are furnishing and hope that we may be of further service to you in the future. Sincerely yours, President Enclosure cc: Paras General Contractors Sent Certified Mail Return Receipt ---PAGE BREAK--- NOTICE TO OWNER IMPORTANT: READ BOTH SIDES OF THIS NOTICE CAREFULLY PROTECT YOURSELF FROM PAYING TWICE TO: City of Moscow, City Clerk 122 E. Fourth St., Moscow, ID. 83843-2908 DATE: May 16, 2003 RE: Hamilton Indoor Recreation Center, 1724 E. St., Moscow, ID. 83843 FROM: DuPree Building Specialties AT THE REQUEST OF: Paras General Contractors, Spokane, WA . THIS IS NOT A LIEN: This notice is sent to you to tell you who is providing professional services, materials, or equipment for the improvement of your property and to advise you of the rights of these persons and your responsibilities. Also take note that laborers on your project may claim a lien without sending you a notice. OWNER/OCCUPIER OF EXISTING RESIDENTIAL PROPERTY Under Washington law, those who furnish labor, professional services, materials, or equipment for the repair, remodel, or alteration of your owner occupied principal residence and who are not paid, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. The law limits the amount that a lien claimant can claim against your property. Claims may only be made against that portion of the contract price you have not yet paid to your prime contractor as of the time this notice was given to you or three days after this notice was mailed to you. Review the back of this notice for more information and ways to avoid lien claims. COMMERCIAL AND/OR NEW RESIDENTIAL PROPERTY We have or will be providing professional services, materials, or equipment for the improvement of your commercial or new residential project. In the event you or your contractor fail to pay us, we may file a lien against your property. A lien may be claimed for all professional services, materials, or equipment furnished after a date that is sixty days before this notice was given to you or mailed to you, unless the improvement to your property is the construction of a new single-family residence, then ten days before this notice was give to you or mailed to you. Sender: Address: Telephone: DUPREE BUILDING SPECIALTIES P 0 BOX 225 SPOKANE, WA 99210 (509) 484-2000 Brief description of professional services, materials, or equipment provided or to be provided: Metal Shelving