HomeMy Public PortalAbout2013.08.08 Falvey Corp Rotary Park Stormwater ImprovementsI. AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
THIS AGREEMENT, is by and between The City of McCall (hereinafter, "OWNER") and Falvey Corporation,
(hereinafter, "CONTRACTOR"):
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 OWNER or City and the Contractor
concerning the work to be performed are this Contract, pages one (1) through (4) and the following:
1. Proposal Documents titled, 2013 ROTARY PARK STORMWATER IMPROVEMENTS
2. Standard General Conditions of the Construction Contract, 2012 ISPWC (Idaho Standards for Public
Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive).
3. Contractor's Proposal (Section III), dated August 8, 2013, to be physically attached to this Contract;
4. The Construction Plans (2 sheets), dated 7-21-2013 by the City of McCall;
5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract;
6. The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a. Notice of Award
b. Notice to Proceed.
c. Written Amendments.
d. Work Change Directives.
e. Change Orders.
7. Change Orders, which may be delivered or issued after the effective date of this Agreement;
8. Addenda issued to Contractors prior to the selection of Proposals, to be physically attached to this contract;
9. WH-5 — Public Works Contract Report for Idaho State Tax Commission
10. W9
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.
The Work is generally described as follows: 2013 ROTARY PARK STORMWATER IMPROVEMENTS
ARTICLE 3. PROJECT ENGINEER, MCCALL CITY ENGINEER, MCCALL PARKS AND
RECREATION DIRECTOR
1.01 The project has been designed by the City of McCall City Engineer. (Project Engineer), which is to act
as the OWNER's representative, assume all duties and responsibilities, and have the rights and
authority assigned to "Engineer" in the Contract Documents in connection with the completion of the
"Work" in accordance with the Contract Documents and the General Conditions of the Idaho
Standards for Public Works Construction (ISPWC).
1.02 The McCall Parks and Recreation (Director) will be the Owner's representative, along with the City
Engineer. The Director will serve as the approving agency for the project and serve a liaison between
the Project Engineer and the OWNER.
2013 ROTARY PARKS STORMWATER IMPROVEMENTS I REV. 2/17/14
ARTICLE 4. CONTRACT TIME/SUBSTANTIAL COMPLETION
The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to
the date of completion. The project site will be available to the Contractor for project implementation on the date
specified in the Notice to Proceed, or when weather conditions permit, and only after approval of the Project
Engineer.
The work to be performed pursuant to this Contract shall be Substantially Complete within 14 days of the
commencement of construction activities and prior to May 23, 2014. The work will be finally complete and
ready for final payment in accordance with Paragraph 14.07 of the ISPWC General Conditions within 5 calendar
days of Substantial Completion. Work can be performed 5 days a week (Monday — Friday) for a period of 12 hours
(7:00 AM to 7:00 PM) per day. Adjustment of the contract time can be made in accordance with the provisions of
the Contract Documents as directed by the Project Engineer, Parks and Recreation Director, or the OWNER.
ARTICLE 5. CONTRACT SUM/PRICE
The OWNER or City shall pay the Contractor for completion of the Work in accordance with the Contract
Documents in current funds the amount of eleven thousand seven hundred forty five dollars ($11,745.00). Said
Contract Sum shall be paid in accordance with the Contract Documents.
ARTICLE 6. INDEPENDENT CONTRACTOR
The parties warrant by their signature that no employer -employee relationship is established between the Contractor
and the OWNER 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 OWNER for purposes of tax, retirement system, or social security (FICA) withholding.
ARTICLE 7. SCOPE OF SERVICES
The Contractor shall perform all services required by the Contract Documents. All work shall be completed in
accordance with the specifications and plans established for this project.
ARTICLE 8. HOLD HARMLESS/INDEMNIFICATION
In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall indemnify and save
harmless the Architect and the Owner, 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 through use of unacceptable materials in constructing 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.
ARTICLE 9. 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 Manager, Architect and the OWNER.
2013 ROTARY PARKS STORMWATER IMPROVEMENTS 2 REV. 2/17/14
ARTICLE 10. 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 OWNER.
ARTICLE 11. 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 the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and
his surety shall indemnify and save harmless the OWNER and the City of McCall 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 12. LEGAL FEES
In the event either party incurs legal expenses to enforce the terms and conditions of 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 13. 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 14. 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: Falvey Corporation
14059 Burr Ln
McCall, ID 83638
Owner: City of McCall
216 E. Park Street
McCall_, Idaho 83638
2013 ROTARY PARKS STORMWATERIMPROVEMENTS 3 REV. 2/17/14
IN WITNESS WHEREOF, said Contractor and the OWNER or City have caused this Contract to be executed on the
day and year first above written.
Contractor:
by:
ACKNOWLEDGMENT
Owner:
ckiey. mon Mayor
ATTEST: %
i
BessieJo Wagner, City Clerk
Approved As To Form:
William F. Nichols, City Attorney
On this k-�j day of 2014, before me, a Notary Public of the State of Idaho,
personally appearedM,NNN&g�.a�ta in his official capacity as
known to me to be the person described in the above document and acknowledged to me he execute ame.
Notary Public residing at
My Commission expires
2013 ROTARY PARKS STORMWATER IMPROVEMENTS 4 REV. 2/17/14
IN WCnNESS WHEREOF, aid Cartracw and the OWNER or City have caused this Contract 10 be v ocuied on dw
day and year final above wrltlan.
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On dris ,I'S _ day of X. 2014. befooe me, a NotaY Public of the State of ldaho,
personally alpenradVemblok.-- _ ` ..�.�iu in Ids ofl'icW capacity as fif'M6VAS) ►&d=
lgrorra to me to be the person desaffied do ia�abovo document and acknowledged to me he ecu
Notary Public residing at'r+�+.. .
My Commission expires
2MMarearrMMSTOwnAIUaaIDYM Mrs 4 REV.2117114
III. CONTRACTOR'S PROPOSAL
ARTICLE 1— PROPOSAL RECIPIENT
This PROPOSAL is submitted to the City of McCall. This PROPOSAL is for the Project titled: 2013 Rotary Park
Stormwater Improvements.
ARTICLE 2 — CONTRACTORS'S INFORMATION
CONTRACTOR'S Name: 'F7r t\j ell
CONTRACTORS's Idaho Public Works Contractor License No.: owc - C - l VS9 (e - 0 - t - a3
License Expiration Date: k3
CONTRACTORS's Business Address: A OM B u t r U. W c c c' ll '. -IT) 2 3 0 �{
CONTRACTORS's Business Phone No.: 10n , (p1q . ba 1
CONTRACTORS's Email Address: rn CLAV\ W E �Ca� -c
ARTICLE 3 — CONTRACTOR'S ACKNOWLEDGEMENTS
This proposal is submitted as an offer by the undersigned to enter into contract with the City of McCall, McCall
Idaho, hereinafter referred to as the "OWNER" for the 2013 Rotary Park Stormwater Improvements Project,
specified herein, and which construction documents are on file with the Public Works Department, 815 N. Samson
Trail, McCall, 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 OWNER to the terms and prices herein submitted.
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 I 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 and insurance certificates, as
required by the specifications, in the full amount of the contract price 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.
6. The undersigned further agrees that the OWNER shall have the right to accept or reject any proposal
deemed to be in the best interest of the OWNER or the City of McCall.
7. The undersigned agrees to order all necessary equipment and materials within a period of three (3) days
after Notice to Proceed has been issued by the OWNER.
8. The undersigned, acknowledges that Addenda Number 0 through _0 have been delivered
to him and have been examined as part of the contract documents.
2013ROTARY PARKS STORMWATERIMPROVEMENTS 10 REV.7/19/13
THIS PAGE LEFT BLANK INTENTIONALLY FOR DOUBLE SIDED
COPYING.
2013 ROTARY PARKS STORMWATER IMPROVEMENTS 9 REV. 7/19/13
9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth
in paragraph I-9 of the Proposal Instructions and Article 4 of the AGREEMENT/CONTRACT.
ARTICLE 4 — CONTRACTOR'S CERTIFICATION
4.01 CONTRACTOR certifies that:
A. This proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or
entity and is not submitted in conformity with any collusive agreement or rules of any group, association,
organization, or corporation; CONTRACTOR has not directly or indirectly induced or solicited any other
CONTRACTOR to submit a false or sham proposal; and CONTRACTOR has not sought by collusion to
obtain for itself any advantage over any other CONTRACTOR or over OWNER.
ARTICLE 5 — BASIS OF PROPOSAL
5.01 CONTRACTOR will complete the Work in accordance with the Contract Documents for the following
ITEMS:
ITEM
I ITEM DESCRIPTION +
SPEC, ,
REFERENCE
QUANTITY
UNIT
GENERAL PROJECT ITEMS
1.
Mobilization
Technical
. S cification(TS)-1
1
L.S.
2.
Traffic Control
TS-2
1
L.S.
3.
Erosion Control
TS-3
1
L.S.
STORMWATER MANAGEMENT IMPROVEMENTS
4
Removal of and disposal of —120 sq. ft.
asphalt
TS-4
1
L.S.
5
Excavation, RR tie removal, existing catch
basin removal, site grading,and restoration
TS-5
1
L.S.
6
Installation of StormFilter per
manufacturer's specifications
TS-6
2
Each
7
8" HDPE N-12 storm drain piping and
fittings bend, adaptor, end sections
ISPWC 601 and TS-7
100
L.F.
8
Armoured Outlets (flared end section, 2-8
inch rip rap, and boulder toe
TS-8 and Detail 1, civil
Sheet 1
2
Each
9
Asphalt Patching ( 2.5 inches, PG-58-28
Commercial Grade Mix)
ISPWC 805 and TS-9
160
S . Ft.
Proposal Lump Sum Total Amount (Items 1 through
Proposal Total (Words): `
O
ARTICLE 6 — PROPOSAL SUBMITTAL
6.01 Submitted on 20-0
6.02 This Proposal is submitted by:
An Individual
Name (typed or printed): M Cr`A�\i.W k-- CX- -- t,1
By:
(Individual's signature)
NCO ,0o
a� S m . 00OD
t 3`l5. M
'3 a10 , 00
co
3;11�145.�0
2013 ROTARY PARKS STORMWATER IMPROVEMENTS I I REV. 7/19/13
Doing Business As:
A Partnership
A Corporation
Partnership
By:
(Signature of general partner — attach evidence of authority to sign)
Name (typed or printed):
Corporation Name: r Lki k.([ cococc o T k orl
State of Incorporation:—t
Type (General Business, essional, Service,
By:
Attest:
A Joint Venture
L14UIIILy).
`le (Signature — attach evi,44ce of authority to sign)
Name (typed or printed): M ki�Rf-u2 ��� ��I -Lk
Name of Joint Venture:
(CORPORATE SEAL)
First Joint Venture Name:
(SEAL)
By:
(Signature of first joint venture partner — attach evidence of authority to sign)
Name (typed or printed):
Title:
Second Joint Venture Name:
(SEAL)
By:
(Signature of second joint venture partner — attach evidence of authority to sign)
Name (typed or printed):
Title:
(Each joint venture must sign. The manner of signing for each individual, partnership, and
corporation that is a party to the joint venture should be in the manner indicated above.
2013 ROTARY PARKS STORMWATER DAPROVEMENTS 12 REV. 7/19/13
ARTICLE 7 — NAMING OF SUBCONTRACTOR FORM
Contractor shall include in his or her Proposal the names and address, and Idaho Public Works Contractor License
Number of the Subcontractors who shall, in the event the Contractor secures the Contract, subcontract for plumbing,
heating and air-conditioning work, and electrical work under the general Contract. Because no plumbing, heating
and air conditioning, or electrical work is required for this project, such subcontractors shall not be listed.
In addition to subcontractors for plumbing, heating and air-conditioning work, and electrical work, provide the
names and addresses of the additional subcontractors, suppliers, individuals or entities called for in the Proposal
Instructions (include Idaho Public Works Contractor License Numbers for any subcontractors)
Storm Drain (Subcontractor Name and Address Public Works License Number
N BYAL-
Additional Subedh ractor Name and Address
Public Works License Number
Public Works License Number
Public Works License Number
Public Works License Number
2013 ROTARY PARKS STORMW ATER Uv4PRO VEMENTS 13 REV. 7/ 19/ 13
AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR
CONSTRUCTION CONTRACT
THIS AGREEMENT, is by and between The City of McCall (hereinafter, "OWNER") and Pales.• Ge-:,., tim;,
(hereinafter, "CONTRACTOR"):
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 OWNER or City and the Contractor
concerning the work to be performed are this Contract, pages one (1) through (4) and the following:
1. Proposal Documents titled, 2013 ROTARY PARK STORMWATER IMPROVEMENTS
2. Standard General Conditions of the Construction Contract, 2012 ISPWC (Idaho Standards for Public
Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive).
3. Contractor's Proposal (Section III), dated , 2013, to be physically attached to this
Contract;
4. The Construction Plans (2 sheets), dated 7-21-2013 by the City of McCall;
5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract;
6. The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a. Notice of Award
b. Notice to Proceed.
c. Written Amendments.
d. Work Change Directives.
e. Change Orders.
7. Change Orders, which may be delivered or issued after the effective date of this Agreement;
8. Addenda issued to Contractors prior to the selection of Proposals, to be physically attached to this contract;
9. WH-5 — Public Works Contract Report for Idaho State Tax Commission
10. W9
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.
The Work is generally described as follows: 2013 ROTARY PARK STORMWATER IMPROVEMENTS
ARTICLE 3. PROJECT ENGINEER, MCCALL CITY ENGINEER, MCCALL PARKS AND
RECREATION DIRECTOR
3.01 The project has been designed by the City of McCall City Engineer. (Project Engineer), which is to act
as the OWNER's representative, assume all duties and responsibilities, and have the rights and
authority assigned to "Engineer" in the Contract Documents in connection with the completion of the
"Work" in accordance with the Contract Documents and the General Conditions of the Idaho
Standards for Public Works Construction (ISPWC).
3.02 The McCall Parks and Recreation (Director) will be the Owner's representative, along with the City
Engineer. The Director will serve as the approving agency for the project and serve a liaison between
the Project Engineer and the OWNER.
2013 ROTARY PARKS STORMWATER IMPROVEMENTS 14 REV. 7/19/13
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CONTRACTOR. SURETY:
is flVaw, legal swus and a ) (Nam legal status princl 1pl'
of
Falvey Construction, LLC Indemnity Company of California
PO Box 710 Five Centerpointe, Suite 530
i McCall, IC 83638 Lake Oswego, CAR 97035
OWNER:
(Name, legal status and address)
I
City of McCall
16 (Fast Park Strut
McCall, Idaho 8638
t CONSTRUCTION CONTRACT
r; Date: 03/06/2014
4` Amount: $11,745.00
ription:
(N e 1 atla) 2013 Rotary Park Sto water Improvements
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BOND
Date: 03/0612014
(Not earlier than Construction Contract te)
Amount: $11,75.00
ModificationsSection
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal) Company. (Corporate Seal) t,
Falvey Construction, LLC Indemnity Company of Californiair
Name Name Kary A R2d)
r„ Attorne In -Fact
and Title: and Title:
(Any "a 1 signatures appearcan the last page of this Fay nt
(FOR 1NFORIAIAT'70NONLY — Narme, address and telephone)
AOENT or BROKER. NEWS REPRESENTATIVE:
4,
Allied Bonding (Architect, Engineer or other party)
5605 Overland Rd.
Boise, ID 8370
Phone (0) 34 177
Fax (208) 384-1677 };
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I The Contractor and Surety, ,faintly and severally, bind themselves, their heirs, executors, administrators, successors
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and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of
Construction Contract, which is incorporated herein by reference, subject to the following terms.
If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
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harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment famished for in the performance o the Construction Cora eq P pe t, then the Surety and the Contractor Y
shall have no obligation under this Bond.
i § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this band
shall arisea the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or the Ownees property by any person or entity seeking payment
for labor, materials or equipment famished for use in the performance of the Construction Conct and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit:
5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice ofnon-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim; and
x I have sent a Claim to the Surety (at the address described in Section 13).
§ 52 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at {.
the address described in Section 13).
If a notice of non-payment required by Section 5. 1.1 is ,given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section S:I.I,
7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any 'amounts that are disputed; and
7.2 Pay or arrange for payment of any undisputed amounts.
7.3 The Surety's failure to discharge i
§ tY'arge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant t have reached agreement If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
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§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's }
fim provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good fault'
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the f <
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work:
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10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bonds
r:
11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders andother obligations,t
12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
' jurisdiction in the state in 'which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (l) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the last labor or service was perfbmed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) occurs. 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.
} 13 Noce and to the S
r Notice d Clhurety, the t')wlter or the Contractor shall be mailed or delivered to the address shown.
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
t sufficient compliance as of the date received.
4 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be;performed, any provision in this Bond conflicting with said statutory or legal requirement r.
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond. .
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15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly ish a copy ofthis Bond or shall it apy to bee. �
16 Defiftitions
16A Claim. A writtenstatement by the Claimant including at a minim
.1 the name of the Claimant,
.2 the name of the person for whore the labor was done, or materials or equipmentfurnished; t
,3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
finnished for use in the performance of the Construction Contract;
A a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim,
.7 the total amount of previous payments received by the Claimant, and
.6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim:
6.2 Claimant individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to filmish labor,'materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes y individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located. The intent ofthis bond shall be to
include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil;
gasoline, telephoneservice or rental equipment used in the Construction Contract, architectural and engineering
services requiredfor performance of the work ofthe Contractor and the Contractor's subcontractors, and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
fianished,
§ 16.3 Construction ContracL The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
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16.4 00W 04faft Failure of the Owner, which has not been remedied or waivied, to pay the Contractor as required
under the Construction Contrad or to perform and complete or comply with the other material terms of the
Constnicdon Contract
16.5 CarArect Docunwnta. AM the documents that comprise the agreement between the Owner and Contractor.
17 Ifthis Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shaff be deemed to be Subcontractor and the term Owner shell be deemed to be Catuactor,
rr iS Modifications to this bond am as follows:
None
{
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
f PO Box 19725, IRVINE, CA 92623 (949) 263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint.
***KaryfA, Richter, Janet K. Holthaus, jointly or severally —
as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Att ey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Aftorney(s)-in-Fact, pursuant to these presents, #_
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the
corporations be, and that each of them hereby is authorized to execute this Power of Attorney, qualifying the attorneys) named in the Power of Attomeyto execute, on behalfofthe
3corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or cer(ificate bearing such facsimile signatures shall be valid and binding upon the corporations when scoaffixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
'€ their respective officers and attested by their respective Secretary or Assistant Secretary this November 21, 2013.
sG-'
_ AND t
Daniel Young, Senior Vice-Presidento O
�} q Pp, C,
' 0 a �
t ZacOCT.
1Q m OCT. S
By 1967
} Mark J. Lansdon, Vice-President
i3t4> yC1A01t
State of California
County of Orange;`
On —_November __ November 21, 2013 before me, . Antonio Alvarado, Notar Public ---------
Date Here Insert Name and Tide of the Officer
personally appeared _ Daniel Youn and Mark J. Lansdon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to
the within instrument and acknowledged to me that he}shetthey executed the same in his/her/their authorized
capacityhes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the persons) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal
Signature
Antonio Alvarado, Notary Public
CERTIFICATE
The undersigned, as Secretary orAssistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set fat in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this day of )Ll'
By:
' Cassie J. Be`sfor ;' ssistant Secretary
ID-1380(Rev.11113)
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Document A312 .2010
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} Pe i + e�nce Bond
Bond No. 75 515P
CONTRACTOR: SURETY:
I (Arame, legal s s) (Name legal staturandprincipalplace
of business)
Falvey Construction, LLC
j y indemnity Company of California
PO Box 710 Five Centerpointe, Suite 530
a has important legal
cosdocument
McCall, ID 83638 Lake Oswego, OR 0703
en s. with
�e
OWNER:
s Is
(Name, legal status t Grcl i ess)
respect its its completion or
i`
City of McCall
216 Fast Park Street
Any singular reference to
McCall, Idaho 83638
Contractor, Surety, Owner or
shalt be considered
� CONSTRUCTION CONTRACT
plural where applicable. �.
j :03/06/2014
AIADoaxrefflA312-2010
comblaes, two separate bonds, a
Amount: $11,745.00
Perforinance Bond and e
Payrnera Bond, Into one form.
Description:
7bls Is a single e
pyame and location) 2013 Rotary Park Stormwater Improvements
Peftrmance and Pwrient
BONE)
Daft: 03/06/2014
�
(Nat earlier than Construction Contract Date)
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Amount. $11,745.00
Modifications to this Bond. IJ Noe 0 See Section 16
<;
CONTRACTOR AS PRINCIPAL SURETY
;S.
Company: (Corporate Seal) Company: (Corporate Seal)
}„
Falvey Construction, LLC Indemnity Com any of California
Signature:
and Title: NameN c ryl A ichter, Alto f e -in-Fact
and Tine.
(Any do l signatures appearon tits t e of `this Perfar Band)
(FOR lNFORt' 77ON ONLY-- Name, address and telephone)
AGENT or BR EWS REPRESENTATIVE:
Allied Bonding (Architect, Engineer or other M)
5605 Overland Rd.
Boise, ID 83705
Phone (208) 45-4177
Fax (20 ) 384-1677
JUA intt t WrAft 3 210-2010. heAnwirAn nsiauis ArchbR IA.
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:`. I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successm
d 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 when applicable to participate in a conference as provided in Section 3.
If there is no Owner Default under the Construction Contract, the Surety's obligation under this frond shall arise
after
a1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a'Contractor Default. Such notice shall indicate whether the Owner is requesting a conference on
the Owner, Contractor and Surety to discuss the Contractor's perflannance. If the Owner does not
#request a conference, the Surety may, within five (5) business clays after receipt of the Owner's notice,
requestsuch a conference. If the Surety timely requests a conference, the Owner shall attend.. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
` but such an agreement shall not waive theOwner's right, if any, subsequently to declare a Contractor
..fault,
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
d
j .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms ofthe
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
u..
4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates aal prejudice.
5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions;
5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract,
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
s,
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance d completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with theOwner's concurrence, to be secured with performance and payment bonds
executedby a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner a
a result of the Contractor fault; or
$A Waive its right to perform d complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under fire circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the , or
:2 y liability in whole or in d notify the
y ty ' p fy , citing the reasons for denial.
§ 5 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
ben default on this Bond seven days after receipt of an additional written notice from the Owner to the Suretyr
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedyavailable to the ere If S d the Owner refusesthe payment
p as provided in Section 5.4,
or the Surety has denied liability, in whole or in part, without further notice the Owner er shall be entitled to enforce
remedy available to the Owner.
Ink AIA DOCUOM* A312r* - 200. The Amer en Inst ft of Archka .
1
A.'
t
U Definitions
14.1 Salem of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which. the Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, t
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ U.3 Contractor ult. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
" Owner Odauk Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
der the Construction Contract or to perform complete or comply with the other material terms of the
Construction Con
l4rS Contract C3 ts. All the d is that comprise the agreement between the ` Owner d Con ctor.
5 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond ,
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Ink.AK rdt 12 — 201AnxViCan Institute of A
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16 Modifications to this bond are as follows:
None
{Space isprovt*d&Jowfor a"tion&signatures ofaWa,mwies other than those appearingon the cover page)
COWMaOR AS PRINCIP& SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
CALIPOW You should sign an Original AIA Contract Document on which this text appears in D. An original assures that
changes will not be obscured.
loll. AIA Dowmant A31210 - Mo. The Amwkan lns#hft Of ArchbetL
4
CITY OF MCC;ALL PUBLIC WORKS
NOTICE OF AWARD
Dated: 3/6/14
TO: Mathew Falvey — Falvey Corporation
ADDRESS: 14059 Burr Lane, McCall, Idaho 83638
PROJECT: 2013 ROTARY PARK STORMWATER IMPROVEMENTS
You are notified that your PROPOSAL dated 8/8/13 for the above PROJECT has been considered.
You are the apparent Successful Proposer and have been awarded a Contract for the 2013 ROTARY
PARK STROMWATER IMPROVEMENTS and other related and miscellaneous work.
The Contract Price of your Contract is: Eleven Thousand, Seven Hundred Forty Five Dollars
($11,745.00)
A copy of the Contract Agreement accompanies this Notice of Award as well as subsequent Contract
documents. As described in the Instruction to Proposers, you are required to execute the Agreement and
furnish the following:
• Proposal of the Contractor, dated August 8, 2013;
• Performance and Payment Bonds
• Insurance Certificates;
• IRS form W-9;
• Proof of current Idaho Public Works License appropriate for the work identified in
the Contract;
• WH-5 Public Works Contract Report;
(Some of these items may have been provided with the completed BidlProposal)
You are required to deliver the executed Contract Documents and the Contract security (Bonds) as
specified in the Project Specifications within seven (7) days of the date of this Notice. Failure to comply
with these conditions within the time specified will entitle OWNER to consider your Proposal in default,
to annul this Notice of Award and to declare your Bid security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you a copy of the
fully executed Contract Documents.
City of McCall
(OWNER)
By:
(AUTHORIZED SIGNATURE)
Title: City Engineer
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD
is hereby acknowledged
By:
(AUTHOR D SIGNA RE)
(please sign the Acceptance of Notice and fax to 208-634-4170 or e-mail to nstewart(a�mccall. id. us)
216 East Park Street . McCall, Idaho 83638 • (208) 634-5580 • Fax (208) 634-4170
NOTICE TO PROCEED
Dated: Friday March 14, 2014
TO: Falvey Co ration LLC
ADDRESS: PO Box 710 McCall ID 83638
CONTRACT/PROJECT: 2013 Rotary Park Stormwater Improvements
You are notified that the Contract Times under the above contract will commence to run on Friday,
March 14, 2014. By that date, you are to start performing your obligations under the Contract Documents.
In accordance with Article 4 of the Agreement the date of Substantial Completion is May 23, 2014 and the
date of readiness for final payment is May 28, 2014.
City of McCall
(OWNER)
'k�
By:
(AUTHORIZED SIGNATURE)
City Engineer
(TITLE)
00720 - 1
City,,of McCall
CERTIFICATE OF FINAL ACCEPTANCE
DATE OF FINAL ACCEPTANCE: May 30, 2014
OWNER: City of McCall
CONTRACTOR: Falvey's LLC
Contract: FHWA Scenic Bi-ways
Project: 2013 Rotary Park Stormwater Improvements
Final acceptance shall certify that the work contained in the subject contract has been inspected by the
parties below, that all punch list items on the Substantial Completion (if issued) have been completed, that
the contractor has fulfilled all his contractual obligations and guarantees have been accepted and may be
authorized to receive final payment in full, including retainage. The warranty period as defined in the
project specifications will now begin.
During the warranty period, the contractor will be responsible to repair, replace and or restore any project
component that is not performing as considered acceptable to the City and in accordance with the project
specifications. Any warranty work required by the City shall be completed within 1 year of the end of the
warranty period. All other remaining items on the attached final completion punch list have been completed.
Facimile of EJCDC No. C-625 (2002)
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STATE_ TAX COMMISSION
REQUEST FOR TAX RELEASE
Date:
Public Works Agency Requesting Release: C_.4t Qf f `�c
Address: :l 1 C E. Pur k �� f
Contact Name: Ala;.l,,,, 5 f t t c j L' `�►� +
Telephone Number: 2G�-�4- 8ti3
Prime Contractor Name & Address: Fa V eti `5 L LC-
P0 Box -110
_McC�:I(, TI �3L38
Contractor's Federal Employer Identification Number: ZU
Project Name (description and/or. location): 26 13. Ro#arm
�i�N.ta zr
Project Number (if applicable): P. A
Project is Complete: �Je 5-.
Project is Substantially Co m fete:
Project start Date: A o r i' a.01't~
Project Complete Da#e, M Lai It
Final Contract Amount (including change orders.): 10 0 , 0
Did .any public works or other :government agency supply materials, which were installed
by this contractor or his subs? Yes
No
If yes, list these materials and their dollar val/u�(es:Q/ /�
S? rw.�i ll (+^ liG�C.� �1'✓1 $Irr WO V
To request a Tax Release, the Public Works Agency or Contractor should send this form
to:
.Althl Contract Desk; Sales Tax Audit;
Idaho State Tax Commission;
PO Box 36; Boise, ID 83722
FAX 208-332-6619
Equal 0pp0r16nit , Employer
Healing Impaired Callers TOD 1-800-377.3529
����o
P o B o x 3 6 " B o i s e I D 8 3 7 2 2 - 0 4 1 0 C A G # 1 4 2 4 2 7
S t a t e T a x C o m m i s s i o n 1 8 0 0 P a r k B l v d . . P l a z a t V " B o i s e I D 8 3 7 1 2 - 7 7 4 2
J u n e 2 7 , 2 0 1 4
P R O J E C T . 2 0 1 3 R O T E R Y P A R K S T O R M W A T E R
F A L V E Y C O N S T R U C T I O N L L C I M P R O V E M E N T S
P O B O X 7 1 0 J O B S I T E : M C C A L L
M C C A L L I D 8 3 6 3 8 T Y P E O F W O R K :
A W A R D E D B Y : C I T Y O F M C C A L L
C O N T R A C T A M O U N T : $ 2 0 , 2 0 8 . 0 0
R E S P O N D B Y : J u l y 1 2 , 2 0 1 4
G O V E R N M E N T S U P P L I E D M A T E R I A L S
A c c o r d i n g t o t h e T a x R e l e a s e R e q u e s t s u b m i t t e d t o t h e I d a h o S t a t e T a x C o m m i s s i o n b y t h e
C i t y o f M c C a l l , t h e c i t y s u p p l i e d t h e m a t e r i a l s d e s c r i b e d b e l o w , a t t h e d o l l a r a m o u n t
p r o v i d e d :
" S t o r m F i t t e r C a t c h B a s i n s - $ 1 4 , 8 0 0 . 0 0
D i d F a l v e y C o n s t r u c t i o n L L C i n s t a l l t h e s e m a t e r i a l s i n t o t h e p r o j e c t ? I f s o , w a s u s e t a x
s u b m i t t e d t o t h e s t a t e , a n d d u r i n g w h i c h t a x p e r i o d ? I f i t h a s n o t b e e n p a i d , I c a n s e n d y o u a
b i l l i n g s t a t e m e n t .
I f F a l v e y C o n s t r u c t i o n L L C d i d n o t i n s t a l l t h e m a t e r i a l s , p l e a s e i n d i c a t e w h i c h o f y o u r
s u b c o n t r a c t o r s d i d t h e i n s t a l l a i o n .
S i n c e r e l y ,
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