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CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 21st day of September, 1993, by and between Wind River Construction, Inc. hereinafter called the 'Contractor' and the city of Moscow, a Municipal Corporation of Idaho, hereinafter called the 'City'. WITNESSETH THAT: WHEREAS, pursuant to the invitation of the City, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 16th day of September, 1993, file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has heretofore determined that said offer was the lowest and best submitted: NOW THEREFORE, the Parties hereby agree as follows: I. complete with Specifications That the Contractor shall comply in every way with the provisions and requirements of those certain specifications entitled: MOSER BOOSTER STATION II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement by incorporation as though fully set forth herein: 1. The 'Advertisement of Bids' - being the invitation to submit a proposal; 2. 3 . 4. The specifications named above by title; The detailed plans listed and described in bid specifications, together with those which may be issued as supplements thereof; and, The proposal of the Contractor, which was submitted on September 16, 1993, the original or conformed copy of which is hereto attached and marked 'Exhibit a a. Contractor's Initials ---PAGE BREAK--- III. Consideration That in consideration of faithful compliance with the terms and conditions of this agreement (including the specifications) the City shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of fifty-seven thousand, five hundred twenty dollars and eighty-two cents ($57, 520. 82) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided. IV. Completion That the time of completion is 60 calendar days from the date of the Notice to Proceed. V. 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: City: Wind River Construction, Inc. P.O. Box 9202 Moscow, Idaho 83843 City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, ID 83843 VI. Full Agreement This contract and the incorporated documents shall constitute the full agreement between the parties; any amendments thereto shall be made in writing. IN WITNESS WHEREOF, said Contractor and City have caused this agreement to be executed on the day and year first above written. ---PAGE BREAK--- City of Moscow, Idaho: ATTEST: L Elaine Russ&ty Clerk City Attorney STATE OF -:7(/o,ho County of .La_&h ss On this 7tft-- day of 19D, before me a Notary Public, personally appeare%iex -Adamnkl . (President) and ./Je.bot'tth Adti!nsk/ (Secretary) known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the foregoing agreement. STATE OF ' County of ) ) ss ) On this do day of tfJd. , 19 '13, before me a Notary Public in and for said State, appeared Paul C. Agidius and Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. ---PAGE BREAK--- ) " EXH lBli BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho Date: SEPT. 16, 7 9 93 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 MOSER BOOSTER STATION, specified herein and which construction documents are on file with the City Engineer, City Hall, 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 therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. ---PAGE BREAK--- ) 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, as a bidder, Number - 0- through him and have been examined as documents. acknowledges that Addenda have been delivered to part of the contract 9 . The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph GS- 12(A) of the Specifications. 10. The undersigned holds Idaho State Contractor's License Number 2623-B-1-3-4(17.32) 11. The undersigned proposes to use the following sub contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty Amount a.B.C.L. ELECTRIC 8690.00 b.SAMPSON PLUMBING P.t.umbvr. 2 400.00 c.VAN TATE PAINTING Pa.-<.n.te/r. 000.00 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for MOSER BOOSTER STATION, as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule of contract prices as follows: BID SCHEDULE To construct the MOSER BOOSTER STATION, complete, as herein specified, the bidder submits a lump sum price of: FIFTY-SEVEN THOUSAN`aFIVE HUNNREV-TWENTY a.n.d $ $ 57,520.82 (Dollars & Cents). WINV RIVER CONSTR UCTION, INC. Firm Name of Bidder ---PAGE BREAK--- \SEAL (]f^jncorporated) . . r " CON'fROLL'ER Official Title P.O. B o x. 920?., MOSCOW, 1VAHO Mailing Address 2623- B- 1-3- 4(11,32) Public Works License IVAHO State of Incorporation, if incorporated. Dated at 9:0 0 AM, Thwr.b.>day, bz. Moi.Jc.ow, Idaho This _Ji_!hday of Se.p.te.m6e.Jr. , 199]. 83843 ---PAGE BREAK--- AMWEST SURETY INSURANCE COMPANY 640-l BOND NO.: _ _ WOODLAND HILLS, CALIFORNIA PREMIUM: _ _ B_B_s _ u _ Know all men by these presents: BID DATE: 9_ l _ G _9 _3 _ _ _ PUBLIC WORKS BID BOND WIND RIVER CONSTRUCTION, INC. That we, _ (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of D , as Surety, are held and firmly bound unto C_I_T_ Y _ _ O M_o_s_c_o _ w _ (hereinafter called Obligee) in the penal sum of _ _ _ percent of the bid amount, but in no event to exceed THREE THOUSAND AND 3 '000 .00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for INaT.ALL MOSER WATER BOOSTER-SYSTEM NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS S UN·A3017 (3190) n 9TH DAY OF SEPTEMBER 19 93 WI NV RIVER CONSTRUCTION. Illc. $ (Print ¾ ial) CATHERINE M. LOCKE ---PAGE BREAK--- POWER NUMBER 0 25442 7 0 READ CAREFULLY- To be used o11ly i11 colljuctioll with the bo11d specified herein This document is printed on multi-colored security paper with black and red ink, with border in blue ink and bears the rai<;ed seal of Amwest Surety Insurance Company (the "Company''). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the"Company"), does hereby make, constitute and appoint: CATHERINE M . LOCKE AS AN EMPLOYEE OF A.S.I.C. OF PORTLAND, OR its true and lawful Attomey-in-Fact, with limited power and autho1ity for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: IBi.d tionds up to $:::*1,000 ,000.00 Contract , Court, Subdivision --L-h:ense & Permit Bonds up to $*.:1,000,000.00 }iscetlaneous Bonds up to $**1,000,000.00 Small ~usinss Administration Guaranteed Bonds up to and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwĥst Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. 640-1- l&rt' . R - . Signed and sealed this 9TH day of SEPTEMBER 19.2}_ 00 00254425 - 70 r OROO ---PAGE BREAK--- AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA 1282520 BQt'H) pPQi'. f1 H lf\ll Q·I?OND NO. _ r x . • 1 ! . • . • · · ' 1 i\l F 'f'IJ ! { . - ½ . • . , $1726.00 t A q . ; . ¼- , . . . REMIUM _ Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): WIND RIVER CONSTRUCTION, INC. PO BOX 9202 MOSCOW, ID 83843 OWNER (Name and Address): CITY OF MOSCOW 122 E. 4TH STREET MOSCOW, ID 83843 CONSTRUCTION CONTRACT Date: Amount: $57, 520.82 AMWEST SURETY INSURANCE COMPANY PO BOX 12729 PORTLAND, OR 97212 Description (Name and location): MOSCOW BOOSTER STATION MOSCOW, IDAHO BOND Date (Not earlier than Construction Contract Date): SEPTEMBER 30, 1993 Amount: $57,520.82 30TH SEPTEMBER SIGNED, SEALED AND DATED THIS _ _ 93 19 _ AMWEST SURETY I C"B CATHERINE M. LOCKE (SEE REVERSE SIDE FOR TERMS AND CONDITIONS) REV. 7187 ---PAGE BREAK--- . READ CAREFULLY- To be usetl 0111)' i11 coujuctioll with tbe bmul specified 1Jerei11 This document is printed on multi-colored security paper with black and red ink, with border in blue ink and bears the raised seal of Am west Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attomey used in connection with any bond issued by the Company must be on this form and no other fonn shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the"Company"), does hereby make, constitute and appoint: C ATHE R I NE M. LOCKE AS AN E.PLOYEE OF A.S.I.C. OF PORTLAND, OR its true and lawful Attorney-in-Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written oblig ations in the nature thereof as follows: Bi d Bonds up to 00,000.00 Contract {Perfo rmance & Payment>, Court, Subdiv,s ion $**1,000,000Ť Li<:ense & Permit Bonds up to $*ol,OOO,OOO.OO Qiscellaneous Oonds up to $**1,000,000.00 Small Busi ness Administration Gua ranteed Bonds up to and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. and sealed this 30TH day of -=S=E.::.P.:.T=EMB=ER- 19ţ 6 Jt 1 OQ QO 268891 r DROO ---PAGE BREAK--- ) AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA 1282520 BOND NO. _ $1726.00 PREMIUM _ Payment Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): WIND RIVER CONSTRUCTION, INC. PO BOX 9202 MOSCOW, ID 83843 OWNER (Name and Address): CITY OF MOSCOW 122 E. 4TH STREET MOSCOW, ID 83843 CONSTRUCTION CONTRACT Date: Amount: $57,520.82 AMWEST SURETY INSURANCE COMPANY PO BOX 12729 PORTLAND, OR 97212 Description (Name and location): MOSCOW BOOSTER STATION MOSCOW, IDAHO BOND Date (Not earlier than Construction Contract Date): SEPTEMBER 30, 1993 Amount: $57,520.82 (SEE REVERSE SIDE FOR TERMS AND CONDITIONS) REV. 7187 ---PAGE BREAK--- > EXECUTED·ON OR AFTER T- . 0 268%891 A i •t 3-27-94 Ji. 6 # ? v This document is printed on multi-colorōd security paper with black and red ink, with border in blue ink and bears the raised · seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. :rhis Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney. i'o'o representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Companv must be on this form and no other form shall have force or etTect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the"Company does hereby make, constitute and appoint: CATHERItE H. LOCKE AS AN EMPLOYEE OF A.S.I.C. OF PORTLAND, OR its true and lawful Attorney-in-Fact, with limited power and authoriry for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid Bonds up to 1,000,000.00 Con tract (Performance & Payment), Court, Subdivision License & Permit Bonds up to $**1,000,000.00 Miscellaneous Bonds up to $**1,000,000.00 Small Business Administrati on Guaranteed Bonds up to and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the Company, "'hich are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation. DO HEREBY CERTIFY that this Po"·er of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. 30TH da;· of 19 00 0 0 2 6 8 8 91 - 4 7 r OROO ---PAGE BREAK--- CERTIFICA' • = OF INSURANCE ISSUE DATE (MM/DDIYY) PRODUCER INSURED Bohman Insurance Box 9028 Moscow, ID 83843 Wind River 512 East D Moscow, ID Construction St. 83843 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY C LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE Safeco Insurance THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON·OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER CP8622386 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Moscow Booster Station Job CERTIFICATE HOLDER City of Moscow Box 9203 Moscow, ID 83843 ACORD 25-S (7/90) POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) 9/30/93 9/30/94 CANCELLATION LIMITS GENERAL AGGREGATE PRODUCTS·COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) Sl,OOO,OOO $1,000,000 $1,000,000 $1,000,000 $ 50,000 MED. EXPENSE (Any one person) $ t) (J COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accldenl) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU:;nZ$ D REP Md d-1 &coRD CORPORATION 1990 ---PAGE BREAK--- ISSUED TO: STATE INSURANCE FUND 121 5 W. STATE STATEHOUSE MAIL BOISE, IDAHO 83720 CfRTIFICATE OF INSURANCE . C ITY OF MOSCOW ATTN DEAN WEYEN PO BOX 9203 MOSCOW, IO 83843 PROJECT: MOSER BOOSTER ST ATION THE STATE INSURANCE fUND HERE8Y CERTIFIES THAT THE INSURANCE POLICY HEREUNDER D ESCRIBED IS IN FULL fORCE 1\ND EffECT ON THE DATE OF THIS CERTifiCATE AND THAT IT REMAINS IN fULL FORCE AND EFfECT UNTIL CANCELLED. NAME(S) Of INSURED: WINO RIVER CONSTRUCTION INC MAILING ADDRESS OF INSURED:P 0 BOX 9202 Ţoscow, ID 83843 POLICY IN fORCE FROM JULY 01, 1985 12:01 A.M., STANDARD TIME AT THE ADDR\SS OF THE INSURED SHOWN ÞBOVE OR THE JOS SITE IN IDAHO. T YPE Of INSURANCE WORK ERS COMPENSATION OCCUPATIONAL DISEASE EMPLOYER•s ß!ABILITY LIMITS: POLICY NUMBER 509550 COVERAGE SUBJECT TO THE TERMS Of THE WORKERS COMPENSATION LAWS AND OCCUPATIONAL DISEf\SE L.AWS Of THE STATE Of IDAHO BODILY INJURY aY ACCIDENT - $100,000 EACH ACCIDENT 80DILY INJ URY BY DISEASE - $500,000 P OLICY LIMIT BO DILY INJURY BY DISEASE - S100,000 EACH EMPLOYEE THE INSURANCE COVERAGE APPLIES TO EMPLOYEES OF THE ABOVE-MENTIONED COMPANY W ORàING ANYWHERE IN THE STATE Of IDAHO AND ALSO TO ANY EMPLOYEE S LIVING IN IDAHO BUT WORKING TEMPORARILY IN A NEIGHBORING ST ATE. IN ADDITION TO THE REQUIRED COVERAGE, THE FOLLOWING ELECTED COVERAGE ALSO APPLIES: THlS CERTIFICATE IS VALID fOR ONE YEAR FROM DATE Of CERTIFICATE. IN THE E VENT Of CANCELLATION OF SAID POLICY, THE STATE INSURANCE FUND WILL ENDEAVOR TO NOTIFY THE PARTY TO WHOM THIS CERTIFICATE IS ISSUED BY PROVIDING TEN (10) DAYS ADVANCE NOTICE, BUT THE STATE INSURANCE FUND SHAlL NOT BE LIABLE IN ANY WAY FOR FAILURE TO GIVE SUCH NOTICE. o ATE 130! se, AHO ON 10/0 6/93 / GEORGE BAMBA UER, U NDERWRITING MANAGER Sif OD204 U3KRISTINE P203 602 01