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CONSTRUCTION CONTRACT THIS CONTRACT, dated this 7th day of July, 1998, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Roach Construction Company (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: MOUNTAINVIEW STORM SEWER -1998 3. Bid/Proposal of the Contractor, dated July 6,1998, 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. ARTICLE 2. 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 within 45 calendar days from the issuance of the NOTICE TO PROCEED, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 -CONSTRUCTION CONTRACT 98-24 ---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 twenty-five thousand nine hundred fifty dollars and twenty cents ($125,950.20). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. 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 /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. 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. 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. 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: Roach Construction Company P.O. Box 68 Genesee, ID 83832 ARTICLE 14. EXECUTION City: City of Moscow P.O. Box 9203 206 E. Third Street 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. Co tractor: PAGE 3- CONSTRUCTION CONTRACT ---PAGE BREAK--- State of , lrf44t1 County of rfta.J, ACK NOWLEDGMENT ) ) ss ) On this day of .U , 1998, before me, a Notary Public of the State of , kt% J..iJ 0 , personally appeared E"F P.fJ in his official capacity as partner of Roach Construction Co ny, known to me to be the person described in the above document and acknowledged to me he executed the same. Notary Pu!c residing at: l11 t11 l4 I! ) My commission expires: I a -t-dMJ Date PAGE 4 - CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: 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 MOUNTAIN VIEW STORM SEWER - 1998, 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 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 theredn 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 1 ---PAGE BREAK--- 8. encase \ sum 10. 11. Trench 'Ove r Excavation' Fer cubic yard M:bilization P2Y lurq:> sum SEAL (if incorporated) 15 l.f. l l.s. 34 c.y. 1 l.s. ,gdc./ 4a> 9yc. 8#r Firm Name of Bidder Of fi cial Title do/ tP63 Mailing Address Public Works License No. State of Incorporation if Incorporated Dated at66Yzej , This day of ÊËÌ/7,/L-----Í' 1998. I Page 4 $ ---PAGE BREAK--- THE AMERICAN INSTITUTE OF ARCHITECTS I A/A Document A310 Bid Bond 31002409-9 KNOW ALL MEN BY THESE PRESENTS, thatwe ROACH CONSTRUCTION COMPANY IH01 ins.ert full tume •nd addn:u or les•l title ol Coruuctor) 214 E. WALNUT GENESEE, ID 83832 as Principal, hereinafter called the Principal, and AMWEST SURETY INSURANCE COMPANY 1911 NE. BROADWAY PORTLAND, OR 97232 a corporation duly organized under the laws of the State of NEBRASKA as Surety, hereinafter called the Surety, are held and bound unto CITY QF MOSCOW {Here in2rt full n..me Ϛnd or ler•l tnle of Owner! MOSCOW, IDAHO 83843 as Obligee, hereinafter called the Obligee, in the sum of NOT TO EXCEED: FIVE PERCENT OF BID TEN THOUSAND DOLLARS AND 00/100 Dollars($ $10,000.00l. 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 "MT. VIEW STORM SEWER 1998" (Here insert fu!l nDe DIRECTORS * * * * * * * * * * * This POA is signed and sealed by facsimile under d bÇ authorlty odlowi°±5,JMutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December I 975: . 'v RESOLVED, that the President or any K •itll1he SeЁretary or any Assistant Secretary, may appoint attorneys-in² fact or agents with authority as defined or limited in the· entcl! case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds. undertakin ob!iga(iprl"s of all kinds; and said officers mav remove any such attorney-in-factor agent and revoke any POA previouЀ!y grante ' - RESOLVED FURTHER, that nd, unde :e,VϿuretyship obligation shall be valid and bind upon the Company: when signed by the President imy Vi and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any ry or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or ag (iii) when duly executed and s. ea!e THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVL N)N., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 1 ---PAGE BREAK--- The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shal! arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt Of such notice to discuss methods of performing the Construe· tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de dared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub paragraph 3.1 ; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Suretv in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor dance with the terms of the contract with the Owner. 4 \Vhen the Owner has satisfied the conditions of Para graph 3, the Surety shall and at the Surety's ex pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construe· tion Contract itself, through its agents or through inde pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con struction Contract, arrange for a contract to be pre pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex cess of the Balance of the Contract Price incurred bv the Owner resulting from the Contractor's default; o 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it mav be liable to the Owner and, as soon as praCticable after the amount is deter mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce anv remedy available to the Owner. If the Surety proceeds aS provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and it the Suretv elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc tion of defective work and completion of the Construc tion Contract; 6.2 Additional !ega!, design professional and delav costs resulting from the Contractor's Default, and re suiting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam ages caused by delayed performance or non-perfor mance of the Contractor. 7 The Surety sha!! not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con struction Contract, and the Balance of the Contract Price sha!l not be reduced or set off on account of anv such unrelated obligations. No right of action shall accfue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two vears after the Contractor ceased working or within two yars after the Surety refuses or fails to perform its obligations under this Bond, whichever oc curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AlA OOCUMfNT A312 • P£RFOR\-1AI\»h on this Power of Attorney, and that the relevant provisions of the By-Laws ofthe Company, are now in full force a 4\ ' 1367148 ·1 Y* I/ Bond No Signed & sealed thi. , o' , - g h " 3- Karen G.Cohen,Secretary * * * * * * * * * * * ÁOJ,U110NS QJ;:_TÂ-t£0ÃÄ DIRECTORS * * * * * * * * * * * This POA is signed and scaled by facsimile under-J:nd byauth · y ot[lowi®¯)u-Iutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 975: t RESOLVED, that the President or any " iZ sdretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the ins tment ¿elf case, for and on behalf of the Company, to execute and deliver and affix the sea! of the Company to bonds, undertakin ob!igai1pris of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any POA previously gra ] RESOLVED FURTHER, • ,ond, unde :e,..Vsuretyship obligation shall be valid and bind upon the Company: when signed by the President oFany V and sealed (if a sea! be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or anº ry or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or age¹o] " (iii) when duly executed and seale4 (if a ¸requir one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issue·¶µmpany to sUch person or persons. RESOLVED FURTHER, that the si1(naiGre of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delit'ery of any bond, undertaking, recogniz.ance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed IN WITNf:.SS WHEREOF. Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed thi' !4th dayof Decembe<, 1995 . .9 e /QIV< '.JL P. . John E. Savage, Pre%! KaceY GX+ry State of California r ---PAGE BREAK--- Service STATE INSURANCE FUND ; ψ ·,-rk 1 • rv GC\ sJ·:;o , 0. rnMF:· >l CERT!f!C\ HOLOFR: CITY OF HOSCOW ATTN; CON'I'I\ACTINC OJ'l'IC!' P 0 BOX 9203 MOSCO\ϕ, ID 83843-l'IOJ t:-ϓp, ωϊ34 :1V·<1 ; '?.iii; OF\\ COMPENSϸTIO'\ l'\SCRA'\C£ The. St;lte Insurance Fund her.:-bv tt ;,;-stint the P1SUrJnce p-11ic:v hcrt,>:l1!d...:r (k'\_Tlh::>d i·s in (uP 1-'!CϏ c!!cL1 on th.: date'- of :his ecrtiCit,:ntc nnd th d :t remains in full ion:e Jnd eftϒ_,,:ϑ ϗIPϘi\ POUCY !'\U:V1BER: 4743 :c l!'\SURED: ROACH JAY 81 flUANE PO BOX GEt\ESl:E, iD SJ!" :12--0000 ORiGlNM, U+ECTI\'F. DAlE: July!, !980 1-\>hcy in for..::e frvm July l, 1980 12:01 ;:un Mount:J.in Timϖ.;\! aJdϔcss of rϋόd sh·y.\ n or tlw jc1b site in ldf d m date of c´rtificare. In the event of ca:-:ce!Luio·1'-='f ":1id poiky, lhl: S::l:c lnsur;u:ce Fund \Vi!! endϴЃtvϵJr tn ll8tify the purty to v,.hom this .:ertifiC -r Lt\ViS1<)Jl ϐ.i.)i}j ..O<.J.n;-9-sosc PoϜ:utdtn ---PAGE BREAK--- A A Roach Construction. co Duane... Jay" & :srad Roach Box ea Genesee, ro 6:3832 X . COIAERCW.ςl.WIUTY . • CLAIM$ MAtE X . occ:t.Qit - . lD?-43-49---99 τ&υf'ROf ---.eUAIII.IT'I' X N