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HomeMy WebLinkAboutShook Construction 2015-16CONTRACT AGREEMENT THIS AGREEilElrlT, made and entered into the 14h day of April 20{6, by and between Shook Gonstruction Company, lnc. of ldaho Falls, State of ldaho, hereinafier called the'Contractor" and Bonneville Joint School District No. 93, ldaho Falls, lD hereinafter referred to as the "Owner". WTNESSETH: That for and in consideration of the mutual agreements and covenants herein set forth, it is hereby stipulated, promised and agreed by and between the parties hereto as follows: l. The Contractor agrees to provide all materials and perform all services and work in connection the WEST STAIR REPLACEf,ENT AT BONNEVILLE HlcH SCHOOL for BONNEVILLE JOINT SCHOOL DISTRICT 93 and incidental work, for the above named Owner at IDAHO FALLS, lD, as shown by and in strict accordance with the Plans, Drawings and Specifications prepared by ALDERSON, KARST & MITRO ARCHITECTS, P.A., ldaho Falls, lD, and the General Conditions of the Contrad, the various documents and papers comprising the said Plans, Drawings, Specifications and General Conditions, and any amendments thereto, all of which Plans, instruments and documents as enumerated are now on file in the office ofthe Owner, and each and all of which are identified by the signature of the parties hereto, and are hereby refened to and made a part hereof as fully as though set forth at length herein, and said party of the first part will do all things required and specified in this Contract, as enumerated, to the satisfaction of and under the direction and observation of the Architect. il. The Advertisement for Bids, lnformation for Bidders, Proposal, General Conditions, complete Plans and Specifications and required bonds and insurance are part of this Contract and are hereby refened to and made a part hereof as fully as though set forth herein. l[. The work under this Contract will be begun on the date specified in a written 'Notice to Proceed" issued by the Owner writing and complete all construction under the contract within 60 calendar days. Time is the essence of this Contrac{ and for each calendar day's delay over the time specmed for the completion thereof, the Contractor agrees to pay to the Owner the sum of Five Hundred No/'|00 Dollars ($500.00), which sum is agreed upon by the parties hereto as liquidated damages for such delay, and not as a penalty. The parties acknowledge and agree that the actual amount of the damages that will accrue as a result of Contracto/s failure to timely complete the work within the said time frame are, and will continue to be, difficult to determine. The parties agree that such liquidated amount is a fair and reasonable estimate of the damages that will be suffered by the Owner in the event of any delay in the performance of the work. Contractor agrees that Owner may withhold any such amount from the amount of the retainage set for herein, West Stair Replacement at Bonneville High School Bonneville Joint Sdlool Districl 93 Conlracl Agreement -1- provided that such deduction shall not release either party from any liability, claim or obligation otherwise arising hereunder. ln the event the District withholds payment of such retainage without just cause or if the liquidated damages provisions setiorth herein are determined to be unenforceable for any reason, nothing herein shall prevent the District ftom recovering its actual or consequential damages caused by iontractor,s wrongful or unjustified delay in completing the work. lv' It is further expressly agreed that the contractor shall procure, and maintain in full force throughout the term of this agreement public liabilig insurance in an amount of not less than $1.0 million dollars, single limit, including an endorsement naming the District as an additional insured thereon. contrac{or shall also procure and so maintain workmen,s compensation insurance in an amount not less than the amount required by law, all asprovided for in the General conditions, the documents evidencing said insurance to be qpproved by and filed with the owner, but without any liability on the part of the said o^rner by reason of the inadequacy thereof. AI such insurance sha be issued by a reputable insurer authorized to issue such policies within the state of ldaho. prioi to and as a condition for the commencement of the work, contrador shall fumish and deliver tothe District certificates of insurance evidencing such insurance. V, wrthin ten ('10) days after receipt of notmcation of acceptance of his proposal, contractor shall deliver to the District, security for faithful performance of the contrad in the full amount of the contract amo-unt.and security for the protection of persons supplying labor or materials for the contract in the full amount of the contract amount. rne coritra-a must be submitted with the completed performance and payment bond information as set forth in the forms of "Performance Bond' and "payment Bond" in these documenti and accompanied by a Certified Check or Cashier,s Oheck drawn on a bank in good standing; Performance Bond and payment Bond issued by a surety authorizedio issue such bonds in the state of ldaho; or Govemment obligations, as defined under ldaho Code Section *1901 (h), payable to District of ldaho Falls, tdaho. lf the conkactor?osts a govemment obligation as security, such obligation shall be delivered to the orvner and unconditionally endorsed in favor of the e--onnevitb Joinlschool District No. 93, and in accordance with the provisions of ldaho coae seaion sc-1.926A. lf govemment obligations are deliv.ered by someone other ttran fire c-oniractor,the person delivering such obligations shall execute a performance Bono in ttre form oi"Performance Bond and power of Attomey for Govemment obligations' ano a par..nt Bond.in the form of "payment Bond and pbwer of Attomev ror e-oveinmenidts"i;;;;; contained in lhese documents in lieu of endorsing the obligations in favor of theBonneville Joint School Distric{ No. 93. vt. ln consideration for the timely and faithful performance of the wo* in accordance with !ll"-tSf".r"ll, theOwner egrees to pay to the Contractor a totat Contrac{ pri." oi - (,ne nundr€d twonty one thousand four hundred ffteen no/100 Dollars($l2t.,r{5.00). West Stair Replacement at Bonneville High School Bonneville Joint School District 93 Conhaci Agreement -2- Owner shall make pr€rcss payments lo Contractor monthly until the project iscomplete. Each month, the poec{ Architect and the contrictor shafl'mituafly determine the value of the work performed and materials incorporated into the project. Progress payments wirr be made onry for work performed and ior materiars actuafliincorporated into the work. progress paymenti shafl not ue maae ror ma6;i;- ' delivered to the site, but not incorporated into the work. progress payments shallrepresent ninety-five percent (95o/) of the actual value of thJwork'done and maieriatsand equipment furnished and/_ or suitabry stored at the job site or oth", .ppior"J-- -- locations up to the last day of each payment period. The actual value oi ihe work doneshall be determined by the number of units oi work completed as speciried "na J"rr"Jin the contract Documents and the value of each unit of work as specified in the - -- contrad Documents and as determined in.good faith by the project architect. iaymentor such progress payments shail not.constitute a waivei by ttie oistrict ot any d"# i;; ' defeciive work performed or material supplied. ln making such partiar (monthry) payments there shafl be retained five percent (506) oneach payment amount untir finar compretion and acceptance or ar wonl covere; tT;Contract. The contractor shall not withhold from a subcontractor or supplier more than thepercentage withheld from a payment certificate for the subcontractor,s or supplier,sportion of the work. vil. The conkactor further agrees to give preference to the emproyment of bona fide rdahoresidents and residents of Bonnevile county in the perfomian'ce of ttre wo*;;;"; ;ythe Agreement and wifl be required to pay the minimum wage as required by the rawsifthe State of ldaho. vl[. Pursuant to the provisions of seclion 6$1s03 of the ldaho code, the contrac{or, in :?nsideration of securing the business of erecting or constructing public works in thestate..of ldaho, recognizing that the business in whicn the contracior is engageo i; of atransitory character, and that in the pursuit thereof, the contracto/s prop"il-r"J -' - therein may be without the state of idaho when taxes, excises, or license fees to whichthe Contrac{or is liable become payable, agrees: a. To fi[ out and return the attached Form wH-5 to the District with thesigned Contract. b. To pay prompfly 1fien due all taxes (other than on real property), exciseand ricense fees _due to the state of rdaho, its subdivisions, ,n,i inrn[i-rand quasi-municipal mrporations therein, accrued anO accruing during.-the term of this contract, whether or not the same stratt ue payiuie ii-tneend of such term. c. That if the said taxes, excises and ricense fees are not payabre at the endof said term, but liability for the payment thereot exists, evln iil;;ih; - 辮 瑞[監 ∥冨脚ζttTげ 腱Hoh SCh°ol Contrad Agreement ‐3‐ same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof: That, in the event ofthe Contrac{or's defauft in the payment or securing of such taxes, excises and license fees, to consent that the Owner may withhold from any payment due the Contractor under the Contract the estimated amount of such accrued and accruing taxes, excises and license fees for the benefit of all taxing units to which said Contractor is liable. That pursuant to the provisions of Seclion 63.1504 of the ldaho Code, the Contractor shall fumish the Orvner evidence that the Contractor has paid all taxes, excises and license fees due to the State of ldaho and its taxing units, due and payable during the term of the Contract for such construction, and that the Contractor has secured all such taxes, excises and license fees liability for the payment of which has accrued during the term of such Contrac{, notwithstanding that they may not yet be due or payable. tx. The Contractor agrees to indemnify, save harmless, and make whole, the District from any and all defects appearing or developing in the workmanship or materials performed or furnished under this Contract for a period of one (1) year after the acceptance thereof by the District. This indemnification and hold harmless clause shall not be construed to relieve the Contractor ftom performing all work and fumishing all materials and eguipment in accordance with the specifications contained in the Contract Documents. Neilher shall it be construed to limit in any way the right of the District to bring an action against the Contractor for breach of cor ract within the time permitted by law for any workmanship, materials and/or equipment that does not meet the specifications contained in the contract documer s. x. The Contractor shall not be entilled to additional compensation othenrvise payable for any ac{ or failure to ac{ by the Project Archilect or the Distrid, the happening of any event or occunence that was not within the contemplation of the parties at the time this Agreement was executed or for any other cause justilying an equitable adjustment in the contract Pric€, unless contractor shall have lirst given written notice of such claim to the Distric{. Such notice shall set forth the reasons for urhich the Contractor believes that additional compensation will or may be due, the nature of the costs involved, and the amount of the claim. lf the claim is based upon any act or failure to acl by the Architect or the District, except in case of emergency, such notice shall be given to the Architecl prior to the commen@ment of the performance of any work by Contractor. ln alt other cases, such notice shall be given within ten (10) days after the happening of the event or occunence giving rise to the claim. xt. All materials and workmanship for which no specification is forth in the Contracl Documents shall be wananted by the Contractor to be of merchantable qualig, free from defects and fit for the particurar purpose for which they are intended. such warrantvshall, urless otherwise specified herein extend for a period or one (r) v"ri "ttii il"'ua"a certificate of substantial completion is signed by the Architecl oi ottrer auttroriiea--'-agent of the District. The District-may make any oiher craim for fairurJ ro ,#;ilth;Work or provide materiars in conformity with the contract Documents, at any time asspecified by the contract Documents or within the rimitations perioo pioviaet -uv raur,whichever is later. x[. This contract sharr be govemed by and interpreted in accordance with the raws of theState of ldaho. xil. This contract and the contract Documents shafl constitute the comprete and finarstatement of the parties' agreement pertaining to the subject mattei hereof and no :tate{nent representation, or understanding shafl be binding except as expressry setforth herein. rN wrNEsS WHEREOF, the said parties have caused these presents to be executed intriplicate the day and year first above written. ATTEST: R^hh6r,ir6 r^i-. ..^L^-, M<jn ika C. Shook, Secretary m!e) 3219 East 81st Northldaho Falls, Idaho 83401 lAddress) 辮鍬 柵Ⅷ蹄辮器Ⅷe H¨SCh・ ● ―cRD・ cER■FiCAttE OF ttABI日 Dcducllble Clausc (1) Orr oblbation to pay damages on your b€hall applios only to he amount of damages br each 'occunenoe- whi:h are in ex- c€6s ol he dedrciible a]Ipunt stabd in Seclion B. Limitr ol lnsurance, 6. Vohrniary Prop erly Damrgc and Car., Gu} tody or Control Liability Gov- crage ol tis endors€nr€nt. The limlts o, hsurance will not be re- duced by he appli:ation ol s ct deducdble amount (2) Conditon 2, Dsti6! ln lha Ev.nt of Occurrdtc., Oflcnse, Claim or Suit appfies b eacfi chim or 'sult' inespectfue ol the amount (3) We may pay any parl ot all ol he deductible arnount to efl€ct settl€m€nt ol any claim or "suit' and, upon notlficaton of lhe ac- tion tak6n, you shall prompty reirturse us lbr such pan of the dsductibl€ amounl as has been pald by u6. 7, 18O D.y Cov.ragc lor Nwly Formcd or Acqui?.d Orgsnizalions SECTION ll - tiutlo lS AN INSURED is amend€d as lollows: Subparagraph a. of Paragraph 4. is hsroby doleied and rephcod by lhe bl- lowing: a. lnsuranc€ under his provieion 18 ar- lordsd only unlil th€ 180h day atbr you acquir€ or torm hs organlzationor the end of h6 pollcy period, whicheyer is earli€r; 8. Waivcr ol Subrognlion SECNON N - COIIMERCIAL GE}IEBAL LIABIUTY CONDIIIOI{S, 9. Tran.lcr ol Right! ol B.covcry A{sin t Otlrrs lo Ua is hereby anpnded by he additon of h€ tollowing: We waive any right ol rccovsry w€ may have b€cause of payments we make loi lnjury or damago arislng out ol your on. going op€rations or 'your work' done un.der a wdtiEn contract requiring such waiver wiEt hat D€rson or 'croaiizalion and incfuded ln tre 'productsiompletad operatons. hazard". However, our'rlghts may only be yraivsd prior b he 'ooc{r. tence" givino dse to fhe lniurv or damaoebr \f,hich wb nnke paynieril under fiiiiCoverage Part Th; lnsured must donothing arbr a loss lo imoalr our riohts. At our requ€sl, th€ lnsured'wfl brino ,suil. or tansf€r tlos€ righE tc us and lielp us €nrorc€ thos€ rbhts. Aulomatic Additional lnsurcd - Speci- fied Rclationlhipo e. The lollowing is hereby add€d to SECTION II . WHO IS AN IilSURED: (1) Any person or organEaton do- scribod ln Paragraph 9.a.(2) bek,\, (hereinalter rci.rrsd b as additional insur.d) whom you are required to add as an addi- lional insur€d undsr his Cov€r. age Part by reason ol: (a) A wrl[en contsact or agregm€nt; or O) An oral agreerl€nt or con- tract wh€re a csrtificab of krsuranoe showinp hat p€r- son or otganEaDon as an addlional insured has been issued, is an insured, provided: (a) The written or orel contact or agr€€menl is: l) Cun€nuy in eflsct orb€comes otf€clive during fis policy p€- rlod; and 2) Execut€d prlor to an 'occunence' or ofhnseb which his insuranca would apply; and (b) They are not sp€cificany narned as an addidonal in- sured under any oher pro. vision ol, or endorsement qdded to, his Goverage Part. (2) Grly the bllowing persons or organizations are addtional in- sutedc under his endorsement, and hsuranoe coyeraqe prD- vlded to such additio-na, in- surcds is Imibd as provided nergtn: (a) Tho manager or l€ssor of a premises leasod lo you witt whom you have agreed per Paragraph 9.a(1) abovs to provide insurance, but only with rssp€ct to trabflity ans- tng. out of h6 owner5hip, maintenanc€ or use of thhi pan ol a promises leased byou, subject to he lollowing additionil exclusions: This insuranc€ doss not apply to: 1) Any .occurenoe" which takes place aflar GA 233 02 07 1訛 端留W蹴 躍鷲:辟 Page 10 ot 15 you cease to be a t€n- ant in hst prsmis€s. 2) SbucUraj altsrations, new consbuction or demolition operalions perlormed by or on be- half ol such additi:nal insured. (b) Any p€rson or organlzationlrom which you lease eqriFnent wih whom you have agreed per Paragraph 9.4(1) above tc provlde in- surance. sudr P€rson(s) ol organizaton(s) are insureds solely wilh resl,ect b heir lhbility arlshg out of lh6 rnainlenancs, operaton or use by you ol equipment lsased to you by such per- son(s) or organlzaUons(s). However, this hsuranca doas not apfly b any 'oc- cunenc€' which lak€s olac€ alter the equipmeni lease axpires. (c) Any porson or organizatbn (relened to below as ven- dor) with whom you haveagroed P€r Paragraph 9,a{1) above to provid€ in- surance, but only wih re- sp€ct to 'bodily injury- or 'property damgs' arising oul of'your products" which ar€ distributed or sold in the ragular cours€ of he van- dor's business, subiect bh6 following additional ex. clusions: 1) The insurance aflordedhe vondor does not apply lo: c) Any physical or chemlcai changeln he product mad€ intentonally by he vendor; d) Flepackaging, un-l€6s unpacked solely br the pur- pos6 ol inspect on, demonsfaton, lestlng, or th6substitJton olparte und€r in- stsuctions ftom th€ manufacfurer, and$en repackagedin tre origlnal container; €) Any lailuro to make such in- spsctions, adjust- monts, i€sts or seruicing as hevendor has agrs€d to mak6 or normally under- take 6 to makc in the usual courseof business, in conngction wih the distribulion or sal€ of th6 prod- ucb; 0 D€monstation, ln- strllation. seruic- ing or repair op- erations, exceptsuch operations pertormed al tre vendor's premises ln connectlon witrhe sale ol he produc! g) Products which, alt€r distibuton or sale by you, have been labeled or relabEl€d or us6das a container,parl or ingredlent of any other fting or substance by or lor he vendor, This insurance does nol apply to any in- sured person or or- ganlzatlon: a) From whom youhave acquired such products, orany ingredient, part or conlainer, sntering into, ac. a) 'Bodfy injury' or 'propsrty damage' for which he ven. do. is obligated to pay darnages by reason of he as- sumption ol liabil- ity in a contact ol 6gre€m€nt, Thls exclusion do€s not apply to liability for damagos hat hevendor wouts have in he ab- sence ol he con.tact or agree. ment; b) Any express war- ranty unauthorizsd by you; lncludes copyrlfed mat€rial of ln6urance S€rvicos Otfice, lnc., wih its psmission. 2) Pago ll●f15GA 233 02 07 companylng oonlalning producis; or b) When liability cludcd wihin 'products- 2) This insurance does not appty b 'bodlly ln.jury', "pioperty dam- age' or 'personal and adverdsing injury' aris. ing out o, operatbns pedormod for hc slate or political subdfulslon. (0 fuiy p€rson or oroanizaton wlh whhh you haie agreedp€r Paragraph g.r.(i) above to provld. insurance, but only wlth resDect to li- abflity adsing oul ol 'vour work' performod tor 'that additional insured by you or on your b€hall. A person or organizalbn's shtJs aG an insured undsr his provlsion of hh endorsemerit contin- ues for only Ure perlod of time requirad by tre writbn coflEact or agr€emsnt, but in no ev€nt bevond he ex- pkation date ol tris Cover- age Part ll there ls nowritbn contract or agrce- rnenl or il no period of limels requir€d by he wrlten @ntsact or agreemenl, aperson or oqanization's status as an insur€d underhis €ndorsom€nt ends whgn your operatons for lhal insur€d ars comdoted. (3) Any lnsurance provld€d b an additional in6ur'ed d€shnated under Paragraph 9.a.(2): - (a) Subparagraphs (e) and (f) does not apply to 'bodily injury' or 'prbixirty damage" included wlhin he 'prod. ucts€ompletsd opeEdons haz6rd': (b) 9gbparq0raphs (a), O), (d), (e) and (0 does not aoplv to'bodily _ iniury', 'prop6rty damage' or 'persohal ani advsrtising irijury' arislng out of he sole neolioenoe or yvilful mlsconduc-t 6f th€ addttional insur€d or heiragents, 'smployges. or 6nyother rspre s€ntalive o, tl€ additional insured; or (c) Subparagraph (0 does not SPP|Y .!c . 'bodily injury', Propefiy. damage- or .per- sonat and adv€rflsing iniury. arislng out ol: 1) D€,€cts in design fur- nished by or on-behal, complebd op€ra- lbns hazard' hasbe€n €rcluded undor hls @vsr- age Part wlth re-sPect b ruch ProductE. (d) Any state or polilkxl subdi- vlsion witr which you haveagrg€d per Paragraph 9,a-(l) above b provid€ in- suranc€, subjecl to lha bF lowiqg additional provisbn : This hsurance applies only with resp€ct to he icllowlng hazards for whlch the stata or politcal subdMsion ltas issu€dap€mithconnec- Uon wih premisos you own, rcnl or contol and b sfiicfi his inzurance applies: 'l) Th€ oxistonca, mahte-nanog, repair, @n- Etucuon, erection. or ramoval ot. adv€rtislng sEnsi awntngs. cano- piss, cellar enhanoes, coal holes, driv€ways, rnanholes, marqu€€s, hoist away op€nings, sidewalk vaults. ste€t banners, or decora- tbns and similar €xpo. surss;or 2) The consbuctirn, erec. tion, or removal ol €l€- vators; or 3) The o*rnership, mair- tenance, or use ol anyelevabrs covered by lhis in$Jranoe. (e) Any sbtE or political subd- vision wilh which vou haveagreed per piraoraoh 9.!.(1) above to provl& in- suranco, subFct b lhe lol- lowng provtspns: l) This insurance appfies only vyith resp€ct b op- eralions perlormed 6yyou or on vour behall lor whir:tr he state orpolitcal subdivision has issued a pemit. GA 23:t 02 07 T瓶 瑞留躍冊響話編ぎ辟 Page 12●f15 of the additional ln- 6Urcd; Or 2) The rendering of, or laifure to render, anY protessioaal architec' tural, snglneering or srrveying sgrvloes, ln' ctudlng: a) The . PrsParFg, approving or hl' ing b prepare or approve maPs,shoP drawings, opinion6, rePorts, surueys, fi€H or- dErs, change or' ders or drawings and sp€cifcalions; and b) SuPervlsorY, ln- sPeclion, archi' tscEral or sngi- neerhg activiti€s. 3) 'Your work' br Yvhich a' consolidatod (rYraP-uP) insurance Program has been prov'tried by ttE prirn€con tsactorfl ojeci manag€r or own€r of the construct,on Proj€ctin which you are in- vofued. b. Only wltt rsgad to insulanc€ Pro' (2) vk ed to an addilional hsur€d dosig- nated under Paragraph 9.a.(2) $b' paragraph (l) above, SECTION lll ' llMlTs oF NSURANCE is amended b includ€: The lirnits applicable to he additlonal insured are fiose sp€cifi€d h tho written contact or agrEement or h tre Declaratrons of tris Corerage Part, whldrever are less. lf no fimib are specified in lhe Mitten contsact or agrB€ment, or it lhera is no written contaol or agtsern€nt, 0re limits ap- pllcable trc he addilional insured ar€ hose specified in the D€claatbns ol his Coverage Part. Th6 limits ol in- suranoe ar€ inclusive of and not in addition to th6 llmlts ol insurance shown in the Declaration s. c. SECTION lV - COilIIEBCIAL GEN- ERAL UABIUTY @NDlTEltE is hereby amended as frollows: (l) Condilion 5. Olher lnrurance is amendod to includs: (a) Vilhere requirad by a wriltan contsacl or agreemont, ttis insurance is primary and /or non@nbibutory as te- specls any otrer insuranc.€ policy issued tc the addl- lional insured. and such otrer insurance policy shall be Exc€ss and / or noncon- tributng, whlchev€r applies, with Bris insurance. (!) Any ins.rrance provid€d by thi6 6ndor6ement shall bo Drimary to olher lnsuranc€ Lvaltalite to the additional insurod €xc6pt: 1) As otrenvlse providedin SECTIOi{ lV - COMMERGIAL GEN.ERAL LIABIUTY OONDITIONS, 5. Othcr lrpunncc, b. Ercca! lncumnoc; or 2) For any oher valld andcoleclible insuran@ availablo lo h6 addi- tional insured as an additional lnsured by attachment of an sn- dorsement to anothor insurance pollcy hat is vrri[€n on an excess basis. In such ca6s, he cov6rag€ provided under thls endorse- rnent shall also b€ 6x- c€ss. Condilion 11. Conlormance to Sp€cific Writtcn Cdrtract ot Agro€ment is hereby added: 11. Coolo]manco lo SpccilicWritton Conlract or Agrc€m€nt W'tth respect tc additional insureds described in Para- graph 9.a.(2XD above only: ll a writtgn contract or agrsement belween you and the additional insured specifies hal coverage for the additlonal insur€d: a, B€ provid€d by the ln- suranc€ S€rvlce s Of-fc€ additionai lnBured lorm numb€r CG 20 10 or CG 20 37 (where edilion specificd); or b. lnclude coverago for completed oporations; or c. lnclude covsrag€ lor 'your work'; and where he limib or cov. erage provided to he addi- GA富 0207 lncludes copyrighted materhl ol lnsurance Saruices Ollice, lnc., with its permission.Page '13 o, 15 tional insured ls more re- sbiclive lhan wac sp€cili caly requirod in that witt€n coniract or agre€m€nt, hetsrms o, Paragraphs 9.a.(s[a), 9.a.(3)(b) or 9.b. aboye. or any combhation th€reol. shall b€ lnt rpret€das providng thE fimiE or coverag€ rcSJir€d by th€ terms ol lhe wrilten contsacl or agrosmsnl but only to th€ extenl hat such limits or coverage is included wtthh he te{ms o, tho Coverage Parl to whlch his endorse. ment k atlached. ll, hou,- aver, he writtsn conlract or agreernont sp€clfles th€ ln- suranca Sorvbss Otfica additional insured form number CG 20 10 but does not spscify whici edltlon, or specifios an edtion that do€s not exist, Paragraphs 9.a.(3X!) and 9.a.(3xb) ol this sndorsement shal not apply and Paragraph 9.b. ol lhis eodors€mant sh6ll ap. ply. 10. Eroad€n€d Cont act|.l Liability - Work Wilhin 50' ol Ralro.d ftopcrty - 堀職]〔曲l難 :留 11.需 "Damag● o BOrr●wed EqⅢ 鯰 鼈 儡 里黒][贈誉;講 瑞「織 L蜘 輔岬締乱 11. ol his endorsement fix the most we -will pay ln any one .oc- cunencE regardless of the number of: (a) lnsureds; (b) Clalms made or .suits. brought; or (c) Persons or organizalions making claims - or bring 'suits'. (2) Deductible Chure (a) Our oblfuation to pay dam- age6 on your behalt appli€s only lo he amount of dam- agc6 ,or gach .occunence. which are in excass ol the Doductiblo amount shted in Secton B. Llmltr ol l Eur- anc6, 11. ol thie endorcs-meni. The llmlts of insur- anc6 lvill not be reduced bv the application ol such De'- ductible amount. (b) Conditon 2. Durl6 in th. Eycnl ol Occurcnce, Ot-lcnac, Claim or Suit. ao- plles to each clalm or isuh, irespsctive ol he amounl. (c) W€. may pay any pan or all ol th6 dsductble amount tioeffect settement of anvclaim or 'suit,, and. uooi nofrllcation ol he acton taken, ycu shall Fomptytetmburss us lor such part ol he deductible amouni as has bean paid by us. 12. Employecs as lmureds - SpGcitied Health Care SeryhG It is hgroby aelgsd lhat paraoraoh _2+(![O ot sEc-noil il - wHo 6 ANlitSURE-D,.does n_ol +ply ro your .jrp_ pbyees' who provlle piifessloiral healthcare servic€s on your bshall as duly li-censsd: a, Nurs€s; h EmergencyMedicalTechnlclans;or c. Paramedlcs, in lh€ jurisdction whero an "o@u[encs. or.onense to yrrhich his insuranc€ appliestakes plac€. 13. Broad.n6d l,lotic. ol Occurcnce Paaqaph a. of Condition 2. Ifulie. anma,. tsvenl .ot_ _Oc_cutreocc, Onens€, 8ii'i'd':t*f ["LH,'I#"H,'#: GA 233 02 07 電暁:端 “ 躙器響露驚ξ器° pag0 14 of15 TIoNS) is hereby deleted and replacqd by th€ following: a. You must se€ to il that w€ ars noti- fied as soon as practbable ol an 'occurenoe' or an olfense which mav rgsull in a claim. To the sxl€nt pofsible, notice ehould include : (1) How, when and where lhe'oc- currence' or olfense took plac€; (2) Th€ names and addresses of any injured parsons and wit- nesses; and (3) The nature and locatlon ot any injury or damage arising out ol lhe 'occunenc€' or olhnse. This rsquiromsnt applies only when h6 'occunence'ot otfense is known to an 'authorizgd repr€sentatvs'. GA 233 02 07 lncludes copyrighted material ol lnsuranc€ Servicss Otfico, lnc., witr its permisslon.Page 15 ot 15 Bond No 2206029 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS,that we the undersigned Shook Construction Company.lnc as Principal, hereinafter called the Contractor, and North American Specialty lnsurance Company as Surety,hereinafter ca∥ed Surety,are held and irmly bound unto the 80NNEV:LLE JO:NT SCH00L DISTR:CT 93,3497N.Ammon Rd,:daho Fa∥s,lD 83401 as Ob∥gee, hereinafter ca∥ed Owner,in the amount of One Hundred Twenty One Thousand Four Hundred Fifteen and 00′100 Do∥ars(s 121,41500 ). lawful money of the United States, for the payment whereof Contractor and Surety herewith bind themselves, their heirs, executors, administrators, successors and assigns, iointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated sth day of April ,2016 ,entered into a contract with the Ownerfor WEST STA:R REPLACEMENT AT BONNEV:LLE HIGH SCH00L for BONNEVILLE」0:NT SCH00L DISTRICT NO.93a∥in a∝o「dance wnh the contract Documents,which consist ofthe:nvitation for Bids,Special Provis:ons,Proposal,Contract for construction, Plans,a∥as prepared by ALDERSON,KARST&M:TRO ARCHITECTS,P,A. lDAHO FALLS,:DAHO which contractis by reference made a part hereof,and is hereinafter referred to as the Contractl and whereas the Contractoris required to furnish a Perfonmance Bond pursuantto the ldaho Code,Sections 54-1926,as amended,and 54‐1927,ln connection wnh this cOntraa THE COND:T10N OF THiS OBL:GAT10N IS SUCH THAT,r the cOntractor sha∥ promptiy and faithfu∥y perforrn said Contract,then this ob∥gation sha∥be nu∥and voidi othenvise n sha∥remain in fu∥force and effect The Surety hereby waives notice of any alteration or extension oftime made by the Owner Wheneverthe Contractor sha∥be,and dedared by the OwnertO be in default underthis Contract,the owner having perfonned the owners Obligations thereunder,the surety may promptly remedy the default,or sha∥promptly: 1. Complete the Contraci in accordance with its terms and conditions, or 2. Obtain a bld or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowesl 掘 瑞:1∥管肥TttRT8:Ⅶ烙Hgh SchOd Performance Bond -'l - responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a @ntract between such bidder and the Owner, and make available as the work progresses (even though there should be a default or a succession of defaults under the contEct or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contracl price", as used in this paragraph, shall mean the total amount payable by the Owner to the Contractor under the Contract and any amendments thereto, less the amount properly paid by the Owner to the Conbactor. Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contracl falls due. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed this 5lh day of APril , 20 16 (Seal) 3219 East 81st North ldaho Fa∥slD 83401 (Tifle) (Complete Business Address) West Slair Replacement at Bonneville High School Bonneville Joiht School Dtstnct 93 Performanc€ Bond -2- 寸i .1 .いHf ・ヽ:ヽ 1,「とヽヽ` North Amencan specialty lnsurance Company (Surety) 6e“ \ゝ〔δ臥s、レ(、vじ (Signature)」。「dan s smkh A■omeyln‐Fact (Tlie) ATTEST: 650 E nn Street,Manchester NH 03101 (Complete Business Address) 螺 瑞[1艇認TttRT8:悧 膊師gh SChod Performanc€ Bond _?- Bond No 2206029 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS,that we the undersigned Shook Construclon Company,nc __ as Principal,hereinafter ca∥ed the Contractor,and North Ame百 can Specianyinsurance Company as Surety,hereina■er ca∥ed Surety,are held and lrmly bound unto 80NNEViLLE JOINT SCH00L DiSTR:CT NO.93,3497N.Ammon Rd,:daho Fa∥s,:D83401as Ob∥gee,hereinafter ca∥ed Owner,forthe use and benent of clairnants as hereinbelow defned,in the amount of One Hundred Twenty One Thousand Four Hundred Fifteen and 00′100 Dollars ($121,41500 ), la、百ul rnoney ofthe United States,forthe payment whereof Contractor and Surety herewith bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severa∥y,firnlly by these presents WHEREAS,Contractor has by wntten agreement dated 5th day of Ap“l ,2016 , entered into a contract輛 ththe Ownerforthe WEST STAIR REPLACEMENT AT BONNEⅥLLE H:GH SCH00Lfor BONNEV:LLE」OINT SCH00L D:STR:CT NO.93 a∥in accordance、Mth the Contract Documents,which consist ofthe lnvitation for Bids, SpeciaI Provisions,Proposal.Contract for Construction,and Plans,a∥as prepared by ALDERSON,KARST a M:TRO ARCHiTECTS,P.A. :DAHO FALLS,lDAHO whlch contractis by reference made a part hereof,and is hereinafter referred to as the Contracti and whereas the Contractoris required to furnish a Payment Bond pursuantto the ldaho Code,Sections 54-1926.as amended,and 54-1927,in connection l∥th this Contract THE CONDIT:ON OF TH:S OBLIGAT10N IS SUCH THAT,r the cOntractor sha∥ prOmptly make paymentto a∥clairnants as hereinafter denned,fOr a∥labor and material used or reasonably required for use in the performance ofthe Contract,then this obligaJon sha∥be voidi othenvise n sha∥remain in fu∥force and efFecti sublect, however,to the following cOnditions: 1. A claimant is defined as one having a direct contract with the Contractor or with a Subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the Contracl, labor and matenal being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment direcfly applicable to the Contract. 2. The above named Coniractor and Surety hereby joinlly and severally agree with the Owner that every claimant as herein defined, who ha; not been paid in full before the expiration of a period of ninety (90) days after 辮 瑞[1艇 認T旨 :「:[::Ⅵ にHgh Schod Paymenl Bond -t- Signed this lay Of Apll ,20 16 (Seaり 3219 East 81st North ldaho Fa∥slD 83401 (Complete Business Address) (Seal) ATTEST: 650 Elm Street,Manchester NH 03101 North Amencan specialty lnsurance Company (Surety) (Signature)Jordan s smnh Attomey●n‐Facl (Title) (Witness) Tina Cooper (Complete Business Address) West Stair Roplacement at Bonnev∥Ie High Sch。。 ,.. .■ゝ,ぃ NASSURETY GROUP NORTH AMERICAN SPECIALTY INS【」RANCE COMPANY ヽVASHNGTON MERNAT10NAL NSURANCE COMPANY GENERAL POWER OF Aπ ORNEY KNOW ALL MEN BY THESE PRESENTS,THAT Noに h Amchcan SPcci3itV Insurancc Companv,a cOrporalion duly organizcd and cxiゞ ing undcr ln、vs ort1lc statc o「Ncw Hampshirc nnd having its P市 ncipa1 0Frloc in the Ciげ ofMnnc1lesler,N伊 ″Hampshlre,and Wasllinglon lntemationol lns■rmcc Comptty a corpOratlon or8anized and cxisting under●c laws ofthc Slate orNer HamPshirc and ha■ng its p市 nc,pal ol■lce in the Ci"of Schaumburg, Illinois, each does hereby make, consiitule and appoint: DcRAY PERRY,TODD R MARY,SALLY PERRY,LYNN M HAWLEY TRACI MCCLURE,ZACHARY A DEHNE, KARLF BAUGHMAN,RAYMOND L WOLFE,STACI MATHESON,SPENCER T MONKandJORDAN S SMITH り01NTLY OR SEVERALLY Its true and laNful Anomey(s)-in-Facr, ro make, execute, seal and deliver, lor and oo its behalfand as its act and dee4 bonds or olher u'ntings obligerory in the nature of s bond on behalf of each ofsaid Conrpanies, as surerr_, on contmcls ol suretyship as are or may b€ required or permitled by ls*, regulntion, co)trsct or olherwise, pro\id€d that no bond or uodertakinS or contsact or slretyship executed under this aulhority sball exceed the trmounr ol FtFTy M|LLIoN (s50.om,ooo.m) DoLLARS This Power of Atromey is Sranted ard is siered hy facsimile under and by th€ authority oflhe follolving Resolulions adopred by the Boards of Directors ofboth North American Spcialty Insuraflc€ Company and washington Intemauoml Irlsurance Company at rneetinSs duly called ard held on the 9'h ofMay, 2012: "RESOLVED. thar any two ofthe Presidents, a y Managing Director, ,ny Setuor Vic€ President. Rny Vice hesident. dny Assistaflt Vice PresialE l, the Secrelary or any Assishnt Secret&y be, end each or any of ihem hereby is aulhorized to execute a Power of Attomey qualiryint the sttomey named in the given Pover olAltomcy to execute on behalfofthe Company bonds, undertakinSs and all contracts of surery, ard thst each or any ofthem hereby is aurhorized to attest to the execution ofany such Power of Attomey Rnd lo altach therein the seal of thc Companyr alrd it rs RIRTIIER RESOLVED, rhal fie signarurE of such omcers and the s€al of the Company may be affixed to eny such Por* er ot Attomey or to any cenificate relaring rhereto by facsimile, and any such Power ofAl@rney or certificate be6ring such facsimile signEtures or facsimile seal shall be binding upon the Company when so affixed and in the future wrth reSard lo any bond unde akinB or conEact of surcry to which it is uttached " z) --->e' L&g- s-.. p.,roa.-q s.ot'vr.. *Ja..r otw*r'rorl* iii iif,iliiliin* c..p'"y & S.d- vk ddai .( lt.nl .*rLr. SFlait lRnE CeFny ■ll●日た■ & S. d vkr Prrld..r .I lronr Aftdo! Sp..r.lit lqn*. CdFry IN WITNESS WHEREOF, No(h Amdican Specialty Insurance Company and Washintton lnternational Insurarce Company have caused their official seals to be hereunto affixed and these presents lo b€ siSned by their authorized officers this QlLday of Ap.il . 20 I6 . North Americro Specinltt ltrsursnce Compro), Wrshitrglob Interrrtionnl Ihiurnnce Cornprny State oflllinois Counry ofCook ss; Onthis l2th d.oy of April , 20 16 , before me. a Notary Public personally appeared Steven P. Anderson , SefliorVice President of WashinSton lnlemational Insuance Company and Senior Vice President ofNonh American Specralty Insurance Cornpany and ![!9!g9!1a19- Senior vic€ President of Washingon Intemational Insurance Comparry and Senior Vice Presideit of NoflI America[ Specialry Irsursnce Company, personolly klo*n rc me, who being byme duly swom, aclcrowledged thar they signedlhe rbove PowerofAttomev as officers ofand acknowledged said instrument to be the volultary act and deed oftheir respective companies .\"... . M K.nnv, No.nry Puhlic CFFIm S曰 ヽ M КENNV 関いⅣPい にSTATE OF uHOIS … 田 藤 I- Jeflrev Gpldberq - the duly elecl€d Assishnt Secretarv ofNorlh Arnerican Specialty Insurance Company a6d wnshincitollntmtahonal lnsumnce Company' do hereby ccrdry that fie above and foregoing is a rue and conect copy ofa power oiertomey given by said NorthAmerican Specialty Insuance company and washington lntemational Insuranci Company, which is sriil in full forc! and effecl. IN WITNESS WHEREOF,I have set my hand and affixed rhe seals oflhe Comparies rhis 5d dayof April ,20 16 J.mq,G'l4.rE v,s prBrl.d * Asds S.cEtn-orq.slinFo InrMh t th1!re cq+. y & Ndtj {lEi;m Sp<.h!.rmntu. cG,r,ov ′〃 ′ 後 ― 輝 a卜 ■State Tax CommiSSion WH-S Public Works Contract RePort ′daわ o Code sec"ο ns 54‐1904ハ and 63‐3624rgJ rectl,re a″ρυb″C wO/″S COnfracts′ο be repο "edで ο ′力e raχ Commお siO″ 鶴 Thomas D. Flobison Rooring, lnc.82‐0353349 536 Souh Broadway, PO. Box 716 PWC‐C‐12464 Blackfoot,!daho 83221 Panels & Trim Prolessional Painting, lnc. PO Boxlll PWC‐C‐11149 sugar cty ldaho 83448‐0111 Town & Country Flooring Co. dab Wall 2 wall Commercial Floor Coverings 82‐0432926 3160 North Ye∥Owstone Hwy PWC‐C‐11167 ldaho Fa∥s,ldaho 83401 1,88100 Use the space below to report major suppliers of materials and supplies; items removed from inventory; equipment purchased, rented, or leased for use in project; materials provided by govemment agency. Please indic€te how sales or use lax was paid. ☆lftax was not paid tO supp∥ers but was or wi∥be reported as・ lems subled to use tax"under yOur perml number,indicate pe面 od of retum on which paymenl was or will be reported 1,誉 翌1,鴨 idP agae9',「lhan ttahO,name sae nen o・ tOtJ vJue・ bOxle9 abOVe rね x、due and has not preⅥouJy beenreported,Payment to this lf you need more room, please photocopy this page. SIGN HERE F∥e Wnh the ldaho state Tax cOmmission,PO Box 36.Bo se ID 83722-2210 Contraddesk@tax dahO gov 12・ 16 Name Archloctural Bu∥ding supply Federa EIN 87‐0275808 al value ,61100 Address 1420 Lincoin Road Mater'als and equipment purchased and used Steel Doors, Frames & Builders Hardware City Stale,21P ldaho Fa∥s,ldaho 83401 Phone 208‐523‐6484 Pl Tax pad to supplier tr Tax paid to state' tr No tax paid Federal EIN Totalvalue Address Malerials and equrpment purchased and used City,State,ZP tr Tax paid to supplier tr Tax paid to state' tr No tax paid Federal EIN Tolaivalue Address Matenals and equrpmenl purchased and used fl Tax paid to supplier tr Tax paid to state' tr No tax paid Name Federa EIN Total va ue Matenals and equtpnent purchased and used City Slate Z P tr Tax paid to supplier tr Tax paid to state. D No tax paid Fo「more infOrmatiOn,ca∥(208)334‐7618 ・ Fax:(208)332-6619 ・ E ma∥