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Project: !Owner I . Notice to Proceed Dated 08-13-08 2008 WWTP Phase IV Effluent Polishin ·c itv of Moscow !Owner's Contract No.: Contract Contractor: Williams Brother Construction Engineer's Project No.: 2 l -06-004 Contractor's Address: [send Certified Mail, Return Receipt Requested] Williams Brother Construction, ATTN: John Williams 5713 West Garden Springs Road, Spokane, WA 99224 You are notified that the Contract Times under the above contract will commence to run on August J 3, 2008. On or before that date, you are to start performing your obligations under the Contract Documents. in accordance with Article 4 of the Agreement, the number of days to achieve Substantial Completion is 330 calendar days, and the number of days to achieve readiness for final payment is 370 calendar days. Before you may start any Work at the Site, Paragraph 2.0 I .B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must [add other requirements]: (Contractor) Received by: (Title) (Date) Copy to Engineer EJCDC No. C-550 (2002 Edition) 1gnature Director of Public Works'----- Titie 13,..:2:c:O.::_.Oc_8 Date Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. Document 00625- I NOTICE TO PROCEED Y:\Projects\WWTP\Pbase IV Improvements\Notice to Proceed.doc ---PAGE BREAK--- EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between ;,C"'ityL,o"-f;,Ml>o?l'.s;c (hereinafter called OWNER) and William Brother Construction LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project consists of: Base Bid - Construction of twenty 50-square foot effluent filters, including structural and mechanical systems, chemical feed systems, controls, all ancillary piping and support facilities, and startup for a complete and functioning project. ARTICLE 2- THE PROJECT 2.0 I The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City of Moscow, Idaho- Wastewater Treatment Facilities Phase IV: Effluent Polishing ARTICLE 3 - ENGINEER 3.0 I The Project has been designed by: J-U-B ENGINEERS, Inc. 1630 23'd Avenue, Suite 1101-A Lewiston, ID 83501 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents as approved by the OWNER in connection with the compietion of the Work in accordance with the Contract Documents. ARTICLE 4- CONTRACT TIMES 4.0 I Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. Document 00500 - 1 AGREEMENT M·\Pubiree, Contractor shaH be allowed a reasonable time to pcrfotm the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than twenty days after Contractor and Surety have received notice as provided in paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to: I. The Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to paragraph 4.3 to perfotm the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety sha!! and at Surety's expense take one of the following actions: 4.1Arrange for Contractor, with consent of Ov-mer, to perfOrm and complete the Contract, or 4.2 Undertake to perfonn and complete the Contract itself, through its agents or through independent contractors; or 4.30btain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for perfonnance and completion of the Contrr.:ct, arrange for a contract to be prepared for execution by Owner and the contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds issued on the Contract, and pay to Owner the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4Waive its right to perfom1 and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; ! . After investigation, detennine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Para1,>raph 4 with reasonable promptness, Surety shall be deemed to be in defuu!t on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety pertOrm its obligations under this Bond, and Owner shal! be entitled to en!Orce any remedy available to Owner. lf Surety proceeds as provided in Paragraph 4.4, and Owner refUses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shaH be entitled to enforce any remedy available to Owner. FOR J;'\jFORMATION ONLY- Name, Address and Telephone Surety Agency or Broker: Hub International Mountain States Limited P.O. Box 711 Great Falls, MT 59403 (406) 453-1464 6. After Owner has tenninated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2Additional legal, design professional and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3Liquidated damages, or if no liquidated damages arc specifkd in the Contract, actual darnages caused by delayed performance or non-performance of Contractor. 7 Surety sha!l not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accme on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, !ega\ or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of he Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. 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. 10. Notice to Surety, Owner or Contractor shaH be mailed or delivered to the address shown on the si·,mature page. 11. When this Bond has been furnished to comply with a statutory requirement in the foca:ion where the Contract was to be perfOrmed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond 12. Definitions Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including a!!owance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2 Contract: The a&.'feement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of Contractor, which has neither been remedied nor \'.'U>I)OTIL08 04/.,,.vvu 04/15/2009 I EACH< EAACC S AGG $ $ $ $ I ELDISEASE·FAI Is I E L DISEASE . POLICY LIMIT I s 1,000,00( 5,000,00( 5,000,00( 1 "''frll vfĔCi"'i! EXCLUSIONs ADDEo BY ENDORSEMENT 1 sPECIAL PROVISIONS ďe: " ities, Phase IV; Effluent Polishing. City of Moscow, Idaho as OWner, Vnd Esvelt Environmental Engineering, Structural Research Company, Trindera, Budinger & Associates, P-u-s Engineers Inc are additional insureds respects this project as their interests appear if required by written contract. Includes Limited Coverage for Pollution Costs. and replaces certificate issued 08/06/08 CERTIFICATE HOLDER City of Moscow, Idaho PO Box 9203 Moscow, ID 83843 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP!RA T!ON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _jQ_ DAYS WR/TIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Rene LeVeaux/LW ©ACORD CORPORATION 1988 ---PAGE BREAK--- IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) ---PAGE BREAK--- ACORD INSURANCE BINDER I DATE(MMIDDIYYYY) N 07/17/2008 rr![cINDER IS A TEMP()ĒR'(INSURANCEĎQf'lTRACT, SUBJECT TO THU;.TSTIONS SH()\IVď O!j 'ffi"_ĐđVERSE Sl RQZ-PIS FORM, _ HUB Insurance Agency Travelers Insurance Company ,808071709544 100 Park Drive South DATE-- EFFecTwe -r L- ďATĐXPIRAnoN-----;-đĒ- P.O. Box 711 07 r/17/2008_l_ l 12:01 II AM I 09/17/2008 't x! 12 N 0 00 1A N M Great Falls, MT 59403 _ PM :cij r,f18GE LIABILITY j ANY AUTO ' i i _ _ _ UMBRELLA FORM - E-ƇƆ ,1ESS LIABILITY I T MRRFI FnR1 WORKER'S COMPENSATION AND EMPLOYER'S UAB!UTY SPECIAL CONDITIONS/ OTHER COVERAGES NAME& ACORD 75 (2004/09) I I R'TRn nncenR nLA'"' I I 1 OTHER EACH ACCIDENT i i_ - AGGREGATE L SELF-INSURED RETENTION I we E l EACH ACCIDENT E l DISEASE-El ' PC Ē JMiT ! s s s s s s · TAXES s - MORTGAGEE i " LOAN # ADDITIONAL INSURED AUTHORIZED REPRESENTATIVE Rene LeVeaux/LW NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 1993-2004 ---PAGE BREAK--- Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED. Thrs rs to that: ; . . . . · . . . ' Li I WILLIAMS BROTHER CONSTRUCTION, LLC. 5713 W. GARDEN SPRINGS ROAD Northwest. SPOKANE, W A 99224 A Liberty Mutual Company P.O. Box 4555 Portland, Oregon 97208-4555 (403) 239-5800 Is, at the date of the certificate, insured by the Company under the policy (ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this 'fi b d certt JCate may 1 e 1ssue . TYPE OF POLICY WORKERS' COMPENSATION GENERAL LIABILITY - Conm1ercia! Genera! Liability (Occurrence) Owner's and Contractor's Protective -İı-IJ-- AUTOMOBILE LIABlLITY Any Auto All owned Autos Scheduled Autos Hired Autos Non-o\vned Autos Garage Liability -Įį· OTHER FAX: [PHONE REDACTED] - [PHONE REDACTED] EXPIRATION DATE 7-1-09 LOCATION(S) OF OPERATIONS & JOB # (IF APPLICABLE) Moscow Waste Water Treatment Effluent Polishing POLICY NUMBER WC4-INC-009847 LIMITS OF LIABILITY COVERAGE AFFORDED UNDER \V.C. LAW LIMIT OF LIAB!LJTY COVERAGE B OF FOLLOWING STATES $1,000,000 fi.L by Each Accident Accident MT, OR WA STOP GAP B.L by $I ,OOO,OOO Policy Disoaso Limit B.L by $I ,OOO,OOO Each Disease Employee MARITIME COVERAGE @ FOLLOWING STATES LIMIT OF LtAB. -MARITIME COVERAGE General Aggregate $ Products Comp/OPS Aggregate $ Personal & Advertising Injury s Each Occurrence $ Fire Damage (Any one person} s Medical Expense (Any one person) $ CSL $ Bodily Injury (Per Person) $ Bodily Injury (Per Accident) $ Property Damage $ DESCRIPTION OF OPERATIONS ALL LOCATIONS CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAY WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, OR REPRESENTATIVES. MAILED TO: City of Moscow Attention: Less MacDonald POB 9203 Moscow, ID 83843 CERTIF ! Version 1.0 LNW 3004L l l/97 AUTIIORIZED REPRESENTATIVE August 8, 2008 COEUR 'ALENE, JD ---PAGE BREAK--- LIMITED LIABILITY COMPANY AGREEMENT OF WILLIAMS BROTHER CONSTRUCTION, LLC THIS LIMITED LIABILITY COMPANY AGREEMENT of WILLIAMS BROTHER CONSTRUCTION, LLC ("Agreement"), is entered into this 23rd day of June, 2003 ("Formation Date") and made effective July 1 , 2003, by and between this limited l ia bility company and the following Members: JOHN WILLIAMS and ELLEN WILLIAMS, husband and wife, JULIA A. WILLIAMS and SOPHIA A. WILLIAMS, dealing in their sole and separate property (referred to herein collectively as "Members"). B E C I T A WHEREAS, the Members own and desire to contribute to this limited liability company cash , p roperty and equipment, as more fully described in the Exhibit attached hereto (the "Assets"); and WHEREAS, to better administer and govern the Assets. the M embers desire to contribute the Assets to this Limited Liability Company and to delegate the management and development to a Manager; and WHEREAS, the Members desire to form a limited liability company ("LLC" or "Limited Liability Company") under the provisions of Title 25. 1 5 RCW and WHEREAS, the Members desire that this Agreement be the Limited Liability Company Agreement under the provisions of the Act u pon the filing of the Certificate of Formation. NOW, THEREFORE, in consideration of the mutual covenants a nd agreements contained herein, the receipt of which is hereby acknowledged, it is agreed as follows: SECTION 1 . EQR!I/IATIQJ-J, NAME, PURPOSE, LOCATIQJ"LAND TERI\!1 1 .1 E.grmatiol}. The Members hereby form a limited liability company pursuant to the provisions of the Act, effective u pon the date the Certificate of Formation, a copy of which is attached hereto as Exhibit is filed in the office of the Wash ington Secretary of State. 1 .2 Name. The name of this entity, pursuant to which it shall conduct all business, shall be "WILLIAMS B ROTHER CONSTRUCTION, LLC". 1 .3 PJfe of_Bu!5ine!5_i>v_Registered Agent -Q04.Engloeeffl dding Phase\Add No. 1 • B'ld Fotm.doc - BID FORM ---PAGE BREAK--- [ I I I I I I I I I I 2. The Bidder shall circle the name of the manufacturer that will furnish the equipment for this project for Item 6 and Item S: Pump Systems and Piping Major Equipment Item -Submersible Pump day of , 200B. Notary Public State of :r.•uH My Commission Expires :r oo1 SECTION 00410 - 1 NON-COLLUSION AFFIDAVIT ---PAGE BREAK--- t I I I I I I I I I STATE OF IDAHO COUNTY OF LATAH CITY OF MOSCOW, IDAHO WASTEWATER TREATMENT FACILITIES PHASE IV: EFFLUENT POLISHING Anti-Discrimination Affidavit The Bidder hereby covenants, stipulates and agrees that no person shall be discriminated against in the bidding of the services and/ or materials herein under and that the Bidder shall not refuse to hire any person therefore because of such person's race, creed, sex, color, or national origin, unless based on a bona fide occupational qualification. Also, the Bidder will in no manner discriminate against any person because of such person's race, creed, sex, color, or national origin. Any such discrimination shall be deemed a violation of this Bid and shall render this Bid subject to forfeiture. Su scribed and sworn to before me this 2 5 t h day of _J _u _n _e 2008. Notary Public State of _ __,b1 My Commission Expires _ _J. ' . ' . _ Q\J ' \ . 1 IN WITNESS. WHEREOF, the Comp¤have caused this i . ns¥ta"be . &iltnilŨdKIH..nŧrate seals to be hereto affixed, this s_th _ -February <:::uuB Ĭ . : ' ĭ Ƅ-r day of , · đ ' State of Connecticut City of Hartford ss. . . . . Farmington Casualty C= þ · iY · . . Ā. Fidelity and Guaranty ·llbpaq:t,\) Fidelity and Guaranty lnsu Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company By: St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America Uulted States Fidelity and Guaranty Company 15th February 2008 On this the day of -,Defore me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Under\Vriters, Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seaL My Commission expires the 30th day of June, 2011. 58440-5·07 Printed In U.S.A. WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE REO BORDER