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CONSTRUCTION AGREEMENT EAST CITY PARK RESTROOM REPLACEMENT PROJECT- 2012 THIS CONSTRUCTION AGREEMENT EAST CITY PARK RESTROOM REPLACEMENT PROJECT 2012 (hereinafter "Agreement"), dated this ih day of November, 2012, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY") and Big Sky Development, Inc., 10063 Navion Drive, Hayden, Idaho, 83835 (hereinafter "CONTRACTOR"); WITNESSETH: WHEREAS, pursuant to the invitation of CITY, extended through an officially published "Advertisement for Bids", CONTRACTOR did, in accordance therewith, file with CITY a proposal containing an offer which was invited by said notice; and WHEREAS, CITY has detem1ined that said offer by CONTRACTOR was the lowest and best submitted; NOW, THEREFORE, the parties to this Agreement, in consideration of the mutual covenants and stipulations set out, agree as follows: ARTICLE I. AGREEMENT DOCUMENTS Agreement documents which comprise the entire Agreement between CITY and CONTRACTOR concerning the work to be performed are this Agreement and the following (adopted herein by reference, the same as if fully transcribed and added to this Agreement): 1. Project Manual titled: East City Park Restroom Replacement Project (hereinafter "Project") 2. Addendum #1 dated October 23, 2012, issued prior to opening of bids 3. Addendum #2 dated October 26, 2012, issued prior to opening of bids 4. Bid/Proposal of CONTRACTOR, dated October 30, 2012, Exhibit attached to this Agreement; 5. Architectural/Engineering Plans Drawing Index titled: East City Park Restroom Replacement Project, dated October 5, 2012 (comprising a total of nine sheets); 6. Performance and Payment Bonds and Insurance Certificates, physically attached as Exhibit to this Agreement; 7. Any Change Orders which may be delivered or issued after the effective date of this Agreement. There are no Agreement documents other than those listed in Article I. This Agreement may only be amended by change order as provided in the General Conditions or by mutual agreement of both parties. CONSTRUCTION AGREEMENT- BIG SKY DEVELOPMENT, INC. PAGE I OF7 20IZ. ·151 ---PAGE BREAK--- ARTICLE II. WORK CONTRACTOR shall complete the entire work on the Project (the "Work") as specified, indicated and required under this Agreement ARTICLE III. AGREEMENT TIME/SUBSTANTIAL COMPLETION The Work to be performed on the Project pursuant to this Agreement shall start no earlier than November 12, 2012 and be completed by April 5, 2013, unless adjustment of the Agreement time is made in accordance with the provisions of this Agreement. CONTRACTOR shall begin Work in conformance with the Agreement and shall complete the Work prior to April 5, 2013, unless another date is agreed to by the Parties in writing prior to such date. ARTICLE IV. AGREEMENT SUM CITY shall pay CONTRACTOR for completion of the Work, in accordance with this Agreement, in the amount of One Hundred Sixty Seven Thousand Dollars ($167,000) for base bid. Said Agreement sum shall be paid in accordance with this Agreement. ARTICLE V. INDEPENDENT CONTRACTOR The pm1ies warrant by their signature that no employer-employee relationship is established between CONTRACTOR and CITY by the terms of this Agreement. It is understood by the parties hereto that CONTRACTOR is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of CITY for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE VI. SCOPE OF SERVICES CONTRACTOR shall perform all services required by this Agreement. All Work shall be completed in accordance with the specifications and plans established for the Project. ARTICLE VII. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted CITY by this Agreement, CONTRACTOR shall indemnify and save harmless the Project Manager and 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 CONTRACTOR or its 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 CONTRACTOR or its 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. CONSTRUCTION AGREEMENT- BIG SKY DEVELOPMENT, [NC. PAGE2 OF7 ---PAGE BREAK--- ARTICLE VIII. CONFLICT OF INTEREST 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. CONTRACTOR further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, CONTRACTOR shall immediately disclose such conflict to the Project Engineer/Engineer and CITY. ARTICLE IX. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Agreement and the Agreement documents, and 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 Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. CONTRACTOR may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder other than as contemplated by this Agreement, without the prior written consent and express authorization of CITY. ARTICLE X. ADHERENCE TO LAW REQUIRED All applicable local, State and Federal Statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these Statutes or regulations by CONTRACTOR shall be deemed material and shall subject CONTRACTOR to termination of this Agreement 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. CONTRACTOR and his surety shall indemnify and save harmless 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 XI. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, 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 XII. SPECIAL WARRANTY CONTRACTOR warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Agreement. 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 Agreement. Any such activity by CONTRACTOR shall make this Agreement null and void. CONSTRUCTION AGREEMENT- BIG SKY DEVELOPMENT, INC. PAGE3 OF 7 ---PAGE BREAK--- ARTICLE XIII. COMMUNICATIONS Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the parties at the following address: CONTRACTOR Big Sky Development, Inc. 10063 Navion Drive Hayden, Idaho 83835 CITY City of Moscow Tom Grundin 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 (208) 883-7098 IN WITNESS WHEREOF, said CONTRACTOR and CITY have caused this Agreement to be executed on the day and year first above written. Big Sky Development, Inc. City Secretary Attachments CONSTRUCTION AGREEMENT- BIG SKY DEVELOPMENT, INC. PAGE40F7 ---PAGE BREAK--- ACKNOWLEDGMENT STATE OF COUNTY OF L ss. On this EJoz day of ID , 2012, before me, a Notary Public in and for said State, appeared Jeremy Tripp, President, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative for Big Sky Development Inc. GENIE R. RIEGERT Notary Public State of Idaho CONSTRUCTION AGREEMENT -BIG SKY DEVELOPMENT, INC. Notary Public fort e State of Idaho "Jk.t Residing at/ 7f6N· 7t>JCtt&l!f?, /.atli_({ @A JIJ %:53J7 My commission wires September24, 2018 PAGES OF7 ---PAGE BREAK--- ATTACHMENT CONSTRUCTION AGKEIOMENT- BIG SKY Dr:vr:LOl'MIONl, INC. Pi\Gr:60F7 ---PAGE BREAK--- BID PROPOSAL PROJECT: City Of Moscow East City Park Restroom Replacement Moscow, Idaho BID OPENING DATE: Tuesday, October 30, 2012 BID OPENING TIME: 3:00 BID OPENING LOCATION: Moscow City Hall 206 East Third Street Moscow, Idaho 83843 CONTACT PERSON: pP Yi2zfdeJAi= TO: City of Moscow The bidder, in compliance with the Advertisement for Bids for the above-referenced project, having examined the specifications, related documents, and the site of the proposed work, and having become familiar with local conditions surrounding the proposed work, including availability of materials and labor, hereby proposes to perform all work in accordance with the contract documents, within the time limits set therein, and at the prices stated below, which are to cover all expenses incurred in performing the work. The bidder agrees to commence work on this project on or before a date to be specified in the written Notice to Proceed issued by the owner and to substantially complete the work on or before April 5, 201 3, to allow contractor flexibility in scheduling. The bidder agrees to pay as liquidated damages Five Hundred Dollars ($500) per calendar day of delay thereafter. Bidder acknowledges receipt of addendum(s) number(s) No. I , tv'IJ . BASE PROPOSAL: Bidder agrees to perform all of the base proposal work described in the specifications and shown on the plans for the sum of c!JO Ove.. vwJ.. · tu x'ly Sev Dollars$ COO (Amount shall be shown in both words and figures. If there is a discrepancy, the amount ssown In words shall govern.) ALTERNATE No.1: WATERLESS URINALS Gar deduct - Circle One) $ c!J fiJ e .c Dv--S A/'J doL( ?CWS Dollars $ ' qg. (Amount shall be shown in both words and figures. If there is a discrepancy, the amount shown In words shall govern.) The bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall remain valid and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the Owner's Intent to Award the contract, the bidder shall execute, within ten (1 0) days, the attached formal contract and deliver to the Owner a Performance Bond and Labor and Materials Payment Bond in the amounts of 100% of the bid amount by the surety company authorized to do business in the State of Idaho, a Certificate of Insurance issued by a surety company authorized to do business in the City of Moscow- East City Park Restroom Replacement Moscow, Idaho 00 30 00- 1 10/23/201 2 ---PAGE BREAK--- State of Idaho and accompanied by Power of Attorney, a Contractor's Affidavit Concerning Taxes, and the Public Works Contract Report on Subcontractors. In the event the contract documents stated above are not returned within ten (1 0) days, the attached Bid Guarantee for five percent of the bid amount becomes the property of the Owner for use as liquidated damages for the delay and additional expense to the Owner caused thereby. Enclosed is bid guarantee in the amount of five percent of the bid amount. IDAHO NAMING LAW NOTE: The bidder's attention is drawn to section 5.6 of the "Supplementary Instructions to Bidders." Pursuant to Section 67-231 0, Idaho Code, the Idaho Naming Law requires that general contractor must list the business name and Public Works license number of certain subcontractors in the Bid Form at the time the bid is submitted. The law stipulates that these will be the major mechanical and electrical subcontractors who the general contractor agrees to engage to do the work. The firms listed below must be those who will actually do the work on site, regardless of contractual considerations between the general contractor and the subcontractors. If the scope of work does not include mechanical or electrical components, any firm hired to do incidental piping or wiring such as the installation of a temporary service to a job trailer, need not be listed. The names and address of subcontractors to whom work will be awarded, subject to approval of the Owner and architect, if the undersigned is awarded the contract, are as follows: Does this project involve plumbing: (Public Works designator 33) No Yes Name of plumbing contractor Hlti?AsS Pi.;J,tu PublicWorks license number \?wc.-C-I)SLIS- A-=L( Does this project involve hydronic piping>? (Public Works designator 34 or 46) No 1/ Yes _ Name of hydronic contractor _ _ Public Works license number _ Does this project involve warm air heating, air conditioning or sheen¥ work? (Public Works designator 2 or 3) No Yes. _ r Name of heating/cooling contractor H> tl. MOS PI u.c'lo-c;; + frt!A'r o Public Works license number ewe I pLt.{,- A- Lf Does this project involve electrical work? (Public Works designator 14) No Yes 1/ Name of electrical contractor $ ql'l ft ec.-'V\ I Public Works license number ll I - q']It -q The State of Idaho policy prohibits purchase of asbestos projects and asbestos containing materials for use in or on any facilities, including personal and real property, where acceptable alternatives are available. The contractor certifies by submission of this bid proposal that the products or materials to be furnished as a result of this bid are asbestos free. Projects for which an adequate substitute is not available shall be identified by a separate written statement. The asbestos content shall be given if known and a certification that no known asbestos substitute exists. The owner will hold the contractor and/or his supplier(s) liable for any asbestos removal and replacement costs as a result of the contractor's failure to comply with this requirement. City of Moscow- East City Park Restroom Replacement Moscow, Idaho 00 30 00-2 1 0/231201 2 ---PAGE BREAK--- The undersigned notifies that he is of this date duly licensed as a Public Works Cg{ltr¦tor and further that he possesses Idaho State Public Works 9§i>ntractor's License No. And is domiciled in the State of :f/1t; bo . Dated at_ 2:190 _ 2012. this S=--f)_rt" day of Name o Bidde (Company) Telephone Number END OF BID PROPOSAL City of Moscow- East City Park Restroom Replacement Moscow, Idaho (Seal, if bid is by a corporation) 00 30 00- 3 10/23/2012 ---PAGE BREAK--- CONTRACTOR'S AFFIDAVIT CONCERNING ALCOHOL AND DRUG-FREE WORKPLACE STATE OF ( ) COUNTY OF ( Dte¥Vli ) Pursuant to the Idaho Code, Section 72-1717, I, the undersigned, being duly sworn, depose and certify that . is in compliance with the provisions of Idaho Code section 72- 1 7; that _ Provides a drug-free workplace p ogram that complies with the provisions ofldaho Code, title 72, chapter 17 and will maintain such program throughout the life of a state construction contract and that b,cdefghU¥ijk_ulm------------ Name of Co tractor Address Subscribed and sworn to before me this day of & My Commission Expires September 24.2018 Commission expires: CONTRACTOR'S AFFIDAVIT Page 1 of 1 NOTARY PUB IC, at '20-"ZL_. ---PAGE BREAK--- Document A31oTM- 2010 Conforms with The American Institute of Architects AlA Document 31 D Bid Bond CONTRACTOR: (Name, legal.f/altts and address) Big Sky Development, Inc. 1 0063 North Navion Drive Hayden, ID 83835 OWNER: (Name, lel{al status and address) City of Moscow BOND AMOUNT: $ PROJECT: 5% SURETY: (Name, lega/,\·fallls and principal place North American Specialty Insurance Company 1420 Fifth Avenue, Suite 2200 Seattle, WA 98101 Mailing Address for Notices 1420 Fifth Avenue, Suite 2200 Seattle, WA 98101 Five Percent of Amount Bid (11/ame, location or address. and if anyj City of Moscow- East City Park Restroom Replacement Project This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The nnd Surety nrc bound to the Owner in the nmount set forth nbove. for the pnyment of which the Controctor and Surety bind themselves, their heirs, executors, ndministrotors, successors nnd assigns, jointly nnd scverolly, as provided herein. The conditions of this Bond nrc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Controctor either enters into a controct with the Owner in accordance with the tenus of such bid, and gives such bond or bonds as may be specitied in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project nnd otherwise acceptable to the 0\\1ter, tor the fnithful perfonnance of such Contract and for the prompt payment of labor and mnterinl fumished in the prosecution thereot; or pays to the Owner the difterence, not to exceed the amount of this Bond, between the nmount specitied in said bid nnd such huger nmount for which the Owner mny in good fnith controct with another party to perlimn the work co\'ered by said hid, then this obligation shall be null and void, otherwise to remain in rull lt1rce and elli:ct. The Surely hereby wuh•es any notice or an agreement between the Owner and Contractor to extend the time in which the 0\vner may accept the bid. Wui\'er or notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time lhr acceptance or bids specilied in the bid documents, and the Owner and Conlructor shall ohtuin the Surety's consent Ji1r an extension beyond sixty (60) days. If this Bond is issued in connection with n subcontractor's bid to n the tcnn Contractor in this Bond shall be deemed to be Subcontractor nnd the term Owner be deemed to be When this Oond has been litmished to comply with a statutory or other legal requirement in the location ol'lhe Project. any provision in t11is Oond conflicting with said statutory or legal requirement shall be deemed deleted herelrom and pro\'isions con limning to such statutory or other legal requirement shall he deemed incorporated herein. When so rumished, the intent is that this Oond shall he construed us u statutory bond and not us a common law bond. Signed nnd scaled this 30th day of October, 2012 (IVII/Iess) S·0054/AS 8110 Big Sky Development, Inc. (Principal) 8: ---PAGE BREAK--- NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under Jaws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the Jaws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois each does hereby make, constitute and appoint: _ Its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond: Principal: Big Sky Development, Inc. Obligee: City of Moscow Bond Number: Bid Bond Bond Amount: See Bond Form Bond Description: City of Moscow- East City Park Restroom Replacement Project Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By ? - sreven P. Anderson, Senior Vice President of Washington lntemationallnsurance Company & Senior Vice President of North American Specialty Insurance Company 4-"X.oza.--- IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of May 20 State of Illinois County of Cook ss: North American Specialty Insurance Company Washington International Insurance Company On this 25th day of May 20 ll. , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comoanies. "OFFICIAL SEAL" DONNA D. SKLENS Notary Public, State of Dlinois My Clmmission ¥pin:s J0/06/2015 Donna D. Sklens, Notary Public I, Jeffrey Goldberg , the duly elected Assistant Secretarv of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of .a Power· of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in fuil force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of October 20p Jeffrey Goldberg, Vice President & Assistant Sttulooy of Washington International Insurance Company & Assistant Secdlary of North American Specialty Insurance Company ---PAGE BREAK--- ATTACHMENT CONSTRUCTION AORI".f'.Mf'NT- BIG SKY Dr:.Vf'J.OPMENT, INC. I' AGE 7 OF 7