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CONSTRUCTION CONTRACT THIS CONTRACT, dated this 6th day of June, 2000 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Poe Asphalt Paving, Inc., (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: STREET PATCH AND OVERLAY· 2000 3. Bid/Proposal of the Contractor, dated May 24, 2000, 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 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. ARTICLE2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be complete by July 28, 2000, 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. PAGE 1 -CONSTRUCTION CONTRACT lt7fl) ---PAGE BREAK--- ARTICLE4. 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 one hundred forty-two thousand six hundred ninety-two dollars and five cents ($142,692.05). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 6. 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. ARTICLES. 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 I 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 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. 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. ARTICLES. 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. PAGE 2- CONSTRUCTION CONTRACT ---PAGE BREAK--- 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 address: Contractor. Poe Asphalt Paving, Inc. P.O.Box784 Pullman, WA 99163 City: ARTICLE 14. EXECUTION City of Moscow 206 East Third Street P.O. Box 9203 Moscow, ID 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Contractor: President Secretary Randall D. Fife, City Attorney PAGE 3 -CONSTRUCTION CONTRACT ---PAGE BREAK--- ACKNOWLEDGMENT State of ::Z:dd/in County of /IJr: Z fbn:t:," ) ) ss ) T On this day of 2000, before me, a Notary Public of the State of personally appeared _ secretary of Poe Asphalt Paving, Inc_, known to me to be the persons described in the above document and acknowledged to me they executed the same_ (seal) Notary Public residing at: t--eu/ J 5 mr My commission expires: Date PAGE 4 -CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: 5/24/00 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 'CITY' for STREET PATCH AND OVERLAY - 2000, specified herein and which construction documents are on file with the City Engineer, City Hall Annex, 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 C ITY 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. 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, through been examined as as a bidder, acknowledges that Addenda Number have been delivered to him and have part of the contract documents. 1 ---PAGE BREAK--- 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB- 13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number 1249'S AAA 2 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2 3 10 and IB-16: Subcontractors Trade Specialty Idaho Public Works License No. $ Amount 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for STREET PATCH & OVERLAY - 2000 as described in the specifications1 including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: 2 ---PAGE BREAK--- BASE BID SCHEDULE ITEM UNIT NO. DESCRIPTION QUANTITY & UNIT PRICE 2. 3. 4. 5. 6. 7. Soft spot repair Adjust manholes a. with grinding b. without grinding Adjust gate valve boxes/monuments a. with grinding b. without grinding Plant mix pavement prelevel Plant mix pavement overlay Crosswalk replacement Grinding t intersections 50 sq. yds. 23 each 2 each per ea. 9 each 5 each 200 tons 2,276 tons 598 sq. yds. 7, 979 sq. yds. 7,876 sq. yds. per s.y. _ $ _ _Lj{i_ Per s.y. _ $ _ / '15 103 sq. yds. Per s.y. TC!rAL l\MJ1JNr BID AL'IERNI\TE BID SCHElXJI.E City sites Poe Asphalt Paving, Inc. Fi rm Narr,e 9£ Bid . d e r S i g n.ature of Bidder SEAL (If Incorporated) Lurrp Sum P 0 Box 784 Pull man ltiA 991 State of Incorporat ion i f Incorporated Dated at This 24th day of 2000. 3 TOTAL PRICE $ $ $ 00 ---PAGE BREAK--- msAFECC POWER OF ATTORNEY KNOW AU. BY THESE PRESENTS: SAF-ECO INSURANCE COMPANY Of ANiERtCA -NERAL INSURANCE COMPANY OF AMERICA -ME OFACE; SAFECO PLAZA SEA. TTl.£. WASHINGTON 93185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, eact1 a Washinglon corpora1Km. does eacn t'le-"".iJY 3pPOiflt PHIL STO>:EBRAKER: JAMES M. HE\\"iTT: McQCARY. CHERYL,\_ ASHBY. DELL\ J. ALLE:S: Cbrl:stun. tfs true and lawful attomey(s)-inƙfacl. with full authonty to eJ.ecut:e on its behalf fidelity and surety bonds or undertakl:nƚ"S and other doa.nnents of a Se of its bU$10ess . On any instrument making or evidencing such appointment. the signatureS may be affixed by facsimrie. On any instrument conferring such authonty or on any bond or undertaking of the company, the seat or a facsimile thereof. may be impressed or affixed: oc in any olher manner reproduced; provided. howevet", !hat the seat shall not be necessary to the vaidty of any such instrument a..-undertaking: Extract from a Resotution of the Boatd of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERJCA adopted July 28, 1970. won any certificate executed by the SacretaJy or an assistant secretary of the Company setting out, The ptOVisions of Art;de V. Sedion 13 of the By-Laws. and {li) A copy of the power-of-attorney appointment. executed pursuant thereto. and (iii) Certifying that said appointment is in full force and effect. the signatW'e of the certifying officer may be by facsirrnle, and the seal: of the Company may be a facsimile lttereof_" I. RA. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do herebyceftlf'f that :he foregoing extracts of the By--Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are 'ftle and correct. and that Wh the By-Laws. the Resolution and the Power- of Attorney are stil in fult force and effect. IN WITNESS WHEREOF. I have her-eunto set my hand and affixed the facsimile seal of said axporation this day of RA PIERSON, SECRETARY Regtstereo tracamanc: cf SAFTCO Ccr:::: #atrcc and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two years following the date on which Principal ceased work on said Contract. Principal SafCco Insurance Company of America By Qt' 1r CLU• Della J. Allen Attorneyħ in-Fact S-fi757iGEEf 7196 ---PAGE BREAK--- SAFECC KNOW ALL BY THESE PRESENTS; POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF At-"'ERtCA &NERALINSURANCE COMPANY OF AMERICA ,ME OFRCE: SAFECO PlAZ.A SEATTl..E 9318S No. 323 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington cor;xxatMJn. does eacn hereby PHIL STO:s-EBRAITR: JAMES M. HEWrTI: McQCARY. CHERYl A . . -\SHBY: DELLA J. Cb.lbton. irs true and lawful attomey(sHn-fact with full authonty to execute on its behalf fidelity and surety bonds or and other documents of a snndar d'.arac:er issued in the course of its bustness. and to bmd the respecuve company ther-eby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each execu:ed and artested these presents this ! 3th day of _ R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIACATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL iNSURANCE COMPANY OF AMERICA: 1999 YArtide V, Sect100 13. - FIOB...ITY AND SURETY BONOS the President, any Vtea President the Seaetary. and any Assistant ViCe President appoin!ed Ăor lhat purpose by the officer in charge of surety operations. shall each have authonty to aJ:{)Oiot individuats as attomeys-inÓfact or undef" othef appropriate btles wl!h aurhonty lo execute on behalf of the ccmpany fidelity and surety bonds and other documents of simi:l:ar character- issU® by the cornpany tn the course of its bus.ness On any instrument making or evidencing such appointment. the signatures may be affixed by facstmile. On any instrument confenlng such authority or on any bond or undertaking at !he company, the seat. or a facslmite thereof. may be or affixed or in any other manner reproduced; provided. however-. that the seal shall not be necessary 1o the validity of any such instrument or undertaking." Extract from a Resolution of !he Boatd of Directors of SAFECO INSURANCE COMPANY OF AMERJCA and of GENERAL INSURANCE COMPANY OF AMERICA adopl:ed July 28. 1970. "On any certificate executed by the Secr-etary or an assistant secretary of the Ccmpany setting out. The4 of Al1ide V, Section 13 of the By-Laws. and (ii) A copy of the appointment. executed pursuant thet""eto. and {iii) c.ertifyingc that said J)OYtt'e£--of-attomey appointment is in fufl force and effect. the signafi.J(e of the certifying officer- may be: by facsimile. and the seal of the Company may be a facsimde !hereof." I. RA Pierson. Secretary of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do hereby cemfy that :he foregoing extTa<::ts of the By-Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant rha-eto. are we and correct. and that both the By-Laws. !he Resolution and the Power of Attorney are stil in fufl fon::e and effect IN WITNESS WHEREOF, I have hemuoto set my hand and affix.ed ltle facsimile seal of said corporation this da.y of RA PIERSON. SECRETARY Regt-;;teroo !rad(H"''t.Jf)( cf SAFE CO Cc:-:;Bto!JOI' S/13.'99 PDf ---PAGE BREAK--- SAFE C 0' BOND NO • _ KNOW ALL BY THESE PRESENTS, That we, Poe Asphalt Paving, fnc. (Here insert the name and address or legal title of Contractor) as Principal, hereinafter called Principal, and SAFE CO INSURANCE COMPANY OF AMERICA, a \Vashington Corporation, as Surety, hereinatl:er called Surety, are held and firmly bound unto the City of Moscow, Idaho (Here insert the name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of Claimants as herein deflned, in the amount of one hundred forty two thousand, six hundred ninety two and 05/100 Dollacs 6_;9.:;;2cc. _ _ _ _ (Here insert a sum equal to at least one-half of the contract price) fOr the payment whereof Principal and Surety bind themselves. their heirs, executors, administr.J.tors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated Street Patch and Overlay - 2000 "2000::_ entered into a contract with Owner for in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH That if the Principal shall make payment to all Claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contact, then this obligation shall be void; othenvise shall remain in full force and subject, however, to the fOllowing conditions: 1. A Claimant is defined as one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contact. 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 bef(xe the expiration of a period of ninety (90) days after the date on which the last of such Claimants work or labor was done or peformed, or materials were fumi shed by such Claimant may sue on tllis 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. 3. No suit or action shall be commenced hereunder by any Claimant. a) Unless Claimant, other than one having a direct Contract with the principal, shall have given notice to any two of the fOllowing: The PrincpaL the Owner, or the Surety above named, within ninety (90) days after such Claimant did or performed the last of the work or labor, or furnished the Last of the materials for which said claim is made. b) After the expiration of one Year following the date on which Principal ceased work on said Contract If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. c) Other than in a state court of competent jurisdiction in and fOr the county or other political subdivision of the state in which the Project or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Signed and scaled this day of uc: nc:. e _ _ 2000 Principal SAFECO INSURANCE COMPANY OF AMERICA S4174/SAEF 2/97 ---PAGE BREAK--- SAFECC POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA 'NERAL INSURANCE COMPANY OF AMERICA AYE OF ACE; SAFECO PLAZA SEATTlE. WASHINGTON 98185 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corpxat100. does eacn t':ereby appov>t PHIL STOËEBRAITR: JAMES M. HEWITT: 00:\ McOCARY. CHERYL A. ASHBY. DELLA J. ALLE:;..: Cbrl:s.ton. Washln;·tonu irs true and lawful attomey(s)--inǥfac:. with full authonry to e:x.ecu1e on its behatf fidelity and surety bonds ot and other documents of a Slrru!ar charac:er issued in the course of its bustness. and to btnd !he respecuve company !hereby. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each execu::ed and attested these presents this dayof ǦǧǨv R.A PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIACATE Extract fr-om the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL iNSURANCE COMPANY OF AMERICA: !999 ǩArticle V, Secl:100 13. Y FIDarTY AND SURETY BONOS . the PresJdent. any VICe PresXient the Secretaty, and any VICe Presldeo! appointed Ǫor that porpose by the officer in chan]e of surety operations. Shall each have authonty to aWQint individuals as attorneys-in-fact a undef' othar appropriate titles Wlth au:honry to execute oo bel'1alf ot the ccmpany fidetity and surety bonds and olher documents of similar Chamctec issU"® by the company 10 the course of its bustness.. On any instrument making or evidencing such appointment. the signatures may be affixed by facsUniie. On any instrument conferring such authority or on any bond or undertaking of the eotnpany, the seal. oc a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided, tlo'wever. that the seal shall not be necessary to the validity of any such instrument or undertakiog.w Extract from a Resc*Jtion of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted JuJy 28. 1970. won any certificate executed by the SeCTetary or an assistant seaetary of the Company setting our. The pn:1'lisions of Artide V. Section 13 of the By-Laws. and {ii) A copy of the power-of-attorney appointment. executed pursuant thet"eto. and {iii) Certifying !hat said power-of-attorney appointment is in fuJI force and effect the signalure of !he certifying officer may be by facsimile. and the seal of the Company may be a facsimde thereof I. RA. Pierson. Secretary of SAFE CO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMP AHY OF AMERICA, do ʴeOy that ;he foregoing extracts of the By-Laws and of a Resolution of the 8oalrl of Directors of these corporations. and of a Power of Attorney issued pursuant thereto. are !1Ue and correct. and that both !he By-Laws. the Resolution and the Po....er of Attorney are stil in fuH force and effect IN WITNESS WHEREOF, I have het"eunto set my hand and affixed the facsimile seal of said corporation this 5·0974/SAE:F 7!98 day of RA PIERSON, SECRETARY ·9 Reg!Stefe