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CONSTRUCTION AGREEMENT PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2015 BETWEEN CITY OF MOSCOW, IDAHO AND MCCALL'S CLASSIC CONSTRUCTION, INC. THIS CONSTRUCTION AGREEMENT PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2015 BETWEEN CITY OF MOSCOW, IDAHO AND M CALL' CLAS IC ON TRUC ION, INC. (hereinafter "Agreement") dated this ·Jr;: day of K 2015, lYy and between the City of Moscow Idaho, a municipal corporation of the State of. daho 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"), and McCall's Classic Construction, Inc., 945 Beachview Boulevard, Clarkston, Washington, 99403 (hereinafter "Contractor"); WITNESSETH: WHEREAS, pursuant to the invitation of City through a "Solicitation For Bids", Contractor submitted a proposal containing an offer invited by said notice; and WHEREAS, City has determined that said offer was the lowest responsive bid; and WHEREAS, City has accepted Contractor's bid; NOW THEREFORE, the parties to this Agreement, 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 City and Contractor concerning the work to be performed are this Agreement, pages one through five (1 through 5) and the following: 1 . Advertisement for Bids; 2. Project Specifications titled: Pedestrian Curb Ramp Improvement Project - 2015 City of Moscow Project No.105-015 3. Bid/Proposal of Contractor, dated April 21, 2015, physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. No Addendum issued prior to opening of bids; 7. Change Orders which may be delivered or issued after the effective date of this Agreement. There are no Contract Documents other than those listed in Article 1. This Agreement may only be amended by change order as provided in the General Conditions. PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2015 CJTY AND McCALL'S CLASSIC CONSTRUCTION PAGE 1OF5 ---PAGE BREAK--- ARTICLE2. WORK Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City project (hereinafter "Project") titled: "PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT -2015" ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall start no earlier than June 15, 2015 and be substantially complete on or before August 14 , 2015. The work shall be completed on or before Thirty (30 ) calendar days from the commencement of work, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. CONTRACT SUM City shall pay Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of Thirty Eight Thousand Five Hundred Thirty Six Dollars ($38 ,536) for Base Bid and No Alternates. Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between Contractor and City by the terms of this Agreement. It is understood by the parties hereto that Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE6. SCOPE OF SERVICES 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. ARTICLE7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted City by the Contract Documents, Contractor shall indemnify and save harmless the City, its officers, employees, and engineers, from all suits, actions, or claims of any PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2015 CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE 20F 5 ---PAGE BREAK--- character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of Contractor or its 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 Contractor or its subcontractors; or because of any claims or amounts recovered from any infringements of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLES. CONFLICT OF INTEREST 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. Contractor further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and City. ARTICLE 9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Agreement and the exhibits hereto (if any) 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 Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. 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 City. ARTICLE 10. ADHERENCE TO LAW REQUIRED All applicable local, state and federal statutes and regulations are hereby made a part of this Agreement and shall be adhered to at all times. Violation of any of these statutes or regulations by Contractor shall be deemed material and shall subject Contractor to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement. Contractor and its surety shall indemnify and save harmless City and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by Contractor, Contractor's employees, or its subcontractors. ARTICLE 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, 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. PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT- 2015 CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE3 OF 5 ---PAGE BREAK--- ARTICLE 12. JURISDICTION AND VENUE It is agreed that this AGREEMENT shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State ofldaho, in and for the County of Latah. ARTICLE 13. SPECIAL WARRANTY Contractor 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 Agreement. Any such activity by Contractor shall make this Agreement null and void. ARTICLE 14. COMMUNICATIONS Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: McCall's Classic Construction, Inc. 945 Beachview Boulevard Clarkston, Washington 99403 ARTICLE 15. EXECUTION City: City Engineer City of Moscow 206 East Third Street P 0Box9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and City have caused this Agreement to be executed on the day and year first above written. Contractor: McCall's Classic Construction, Inc. By: PEDESTRIAN CURB RAMP IMPROVEMENT PROJECT - 2015 CITY AND McCALL'S CLASSIC CONSTRUCTION City: City of Moscow, Idaho PAGE40F 5 ---PAGE BREAK--- Approved As To Form: tim Roderick Hall, City Attorney ACKNOWLEDGMENT State of J.0cv:1.. Countyof ) ) :ss ) On this =jday of , 2015, before me, the undersigned, a Notary in and for said State, personally appearedRc.. 11d_.i; MC.Co.l l . known to me to be the person whose name is subscribed to the foregoing greement and acknowledged to me that /she executed the same in l}Wher capacity as \?rE$"&eVli for McCall's Classic Construction. 0111111111111111111111111111111111 y11111111111x Notary fubhc : ' State of Waah'hi)lton ; COLLEEN M. THORSpN . : MY COMMISSION EXPIRES : Æ July l!i, 2016 : PEDESTRJAN CURB RAMP IMPROVEMENT PROJECT - 201 5 CITY AND McCALL'S CLASSIC CONSTRUCTION Notary Public residing at:wi zY)"l:P My commission expires:-=,. 15·20\le PAGE 5 OF 5 ---PAGE BREAK--- ' - \ PERFORMANCE BOND Bond No.: 106239119 CONTRACTOR: (Name, legal status and address) McCall's Classic Construction, Inc. 945 Beachview Blvd· Clarkston, WA 99403 OWNER: (Name, legal status and address) City of Moscow 221 East 2nd Street Moscow, ID 83843 CONSTRUCTION CONTRACT Date: May 7, 2015 Travelers Casualty and Surety Company of America Hartford, Connecticut 06183 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Amount: $ 38,536.00 Thirty Eight Thousand Five Hundred Thirty Six Dollars and 00/100 Description: (Name and location) Pedestrian Curb Ramp Improvement Project - 2015 BOND Date: May 14, 2015 (Not earlier than Construction Contract Date) Amount:$ 38,536.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Thirty Eight Thousand Five Hundred Thirty Six Dollars and 00/100 u-x-vI None I I See Section 16 SURETY Company: McCall's Classic Construction, Inc. Company: Travelers Casualty and Surety Company of America (Corporate Seal) (Corporate Seal) Signatu