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CONSTRUCTION CONTRACT FAIRGROUNDS 2003: ROADWAY IMPROVEMENTS AND STORM SEWER IMPROVEMENTS, PROJECT NO. 1 03-02 THIS CONTRACT, dated this 28'h day of August, 2003 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and M.l. Albright & Sons, Inc. (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in accordance therewith file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has determined that said offer was the lowest and best submitted: 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 City and the Contractor concerning the work to be performed are this Contract, pages one through four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: FAIRGROUNDS 2003: ROADWAY IMPROVEMENTS AND STORM SEWER IMPROVEMENTS, PROJECT N0.103-02 3. Bid/Proposal of the Contractor, dated August 15. 2003 to be physically attached to this Contract; 4. The project Plans; 5. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this contract; 6. Change Orders which may be delivered or issued after the effective date of this Contract; 7. Addenda issued prior to opening of bids. 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 for City of Moscow project titled: FAIRGROUNDS 2003: ROADWAY IMPROVEMENTS AND STORM SEWER IMPROVEMENTS, PROJECT NO. 1 03 -02. Fairgrounds Construction Contract Page 1 of 4 2003-34 ---PAGE BREAK--- ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be perfonned pursuant to this Contract shall be substantially complete on or before seventy-five (75) calendar days from the date of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of work in accordance with the Contract Documents in current funds the amount of Sixty-One Thousand Eight Hundred Seventy Dollars and Sixty Cents ($61,87 0.6 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 belween the Contractor and the City by the tenns 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 City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 6. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. Ail work shall be completed in accordance with the plans and specifications established for this project. ARTICLE 7. HOLD HARMLESS /INDEMNIFICATON In addition to other rights granted the City by the Contract Documents, the Contractor shall indemnify and save harmless the Engineer and the City, 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 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. ARTICLES. 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 perfonnance of ns 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 perfonnance of this Contract, Contractor shall immediately disclose such conflict to the Project Engineer I Engineer and the City. Fairgrounds ConstructJon Contract Page 2 of 4 ---PAGE BREAK--- ARTICLE 9. 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 aHered 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 City. ARTICLE 1 0. 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 Contractor will in any way serve to modify the provisions of this requirement The Contractor and his surely shall indemnify and save harmless the City 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 11. LEGAL FEES In the event either party incurs legal expenses to enforce the terms and conditions or 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 1 2. 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 1 3. COMMUNICATIONS Such communications as are required by this Contract shall be satisfied by mailing or by personal delivery to the parties at the following mailing addresses: Contractor: M.L. Albright & Sons, Inc. P.O. Box603 Lewiston, ID 83501 Fairgrounds Construction Contract City: City of Moscow P.O. Box 9203 Moscow, ID 83843 Page 3 of 4 ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. ACKNOWLEDGMENT State of l¢o 0 ) D. > ss County of p£1 ( L ) On thisdct day of C\ts1 t . 2003, before me, a Notary Public of the State of \ n •..)personally appeared -l C' £ _ A l ln f.d. and in their official capacity as president and secretary of ML Albright & Sons, Inc., known to me to be the persons described in the above document and acknowledged to me they executed the same. Fairgrounds Construction Contract Notary Public residing at: , 1 , Ltw.·êë My commission expires: Date Page 4 of 4 ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL This proposal is submitted as an offer by the undersigned to enter into contract with the City of Moscow, Idaho as represented by the City Council, hereinafter referred to as the 'CITY' for FAIRGROUNDS 2003: ROADWAY IMPROVEMENTS AND STORM SEWER IMPROVEMENTS, PROJECT NO. 103-02, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East Second Street, Moscow, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and understanding of the undersigned and the agreement of the CITY to the terms and prices herein submitted. I. 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 in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of five percent of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 6. The undersigned further agrees that the CITY shall have the right to accept or reject any bid item deemed to be in the best interest of the City. 7. The undersigned agrees to order all necessary equipment and materials within a period of three days after Notice to Proceed has been issued by the City Engineer. 8. The undersigned, as a bidder, acknowledges that Addenda Number through ----have been delivered to him and have been examined as part of the contract documents. 1 ---PAGE BREAK--- 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number 12040- AA 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Information contained herein must comply with Idaho Code Section 67- 2310 and IB-16: Subcontractors Trade Specialty Idaho Public Works License No. I 2. -AAA - $Amount c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for FAIRGROUNDS 2003: ROADWAY IMPROVEMENTS AND STORM SEWER IMPROVEMENTS, PROJECT NO. I 03-02 as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: 2 ---PAGE BREAK--- BID SCHEDULE FAIRGROUNDS 2003 T-Spec. Bid No. Item DescriJ2tiOn Quanti!}: Unit la. Remove & Replace Fence 20 LF. lb. Remove Bituminous Surface 57 S.Y. l c. Remove & Salvage Catch Basin I Ea. 2a. Excavation 20 C.Y. 2b. Base Preparation 2494 S.Y. 3 Crushed Base Rock 40 Ton 4a. Plant Mix (Base Course) 302 Ton 4b. Plant Mix (Surf. Course) 179 Ton Sa. 6" SDR35 PVC Storm Pipe 73 L.F. 5b. 12" SDR35 PVC Storm Pipe 80 LF. 5c. 15" SDR35 PVC Storm Pipe 533 L.F. 6a. Construct Manhole 1 Ea. 6b. Construct Catch Basin 2 Ea. 6c. Construct Catch Inlet 2 Ea. 7 Traffic Control 1 LS. 8 Mobilization I L.S. Total Bid Amount 3 Unit Price $ i.5 oO 5D $ 7 ' 60 . cd $ 10 $ , too . oa $ I $ $ . 2 $j \ oo $.:J5o' s]3 '5t.l cO s22.00 Qoo 00 $ $ qO()oO sJOCOw $ (oCXX> c(J $ Amount $ 30oce $ LI:Jrf0 (JIJ $ Lj50 $ 20() sjq:, 'fO oa $ 0 sl Jl-3 $ rrtoY 'fO oa $ IS:l_j oo $2((0 sl'lss 5'0 oci $ 2200 s j'&"CO oo o" $ !%00 ccJ s l,d:X:O <6'D too $ ---PAGE BREAK--- iY\ l 1\\6<1 a\J: Firm Name of Bidder Signature of Bidder (J Official Title SEAL (If Incorporated) ,1 ctp \DOl Rei 0 }Of~ fv03 - L 0d_ ?;350/ Mailing Address Public Works License No. State of Incorporation if Incorporated ' Dated at L -u0\ sI this i5day of Cl.t..cus T , 2003, ' 4 ---PAGE BREAK--- GREAT AMERICAN INSURANCE COMPANY OHI O BOND NO. BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A! A DOCUMENT NO A-J!O{FEB !970 ED) KNOW ALL MEN 13Y THESE PRESENTS. that we M. L. Albright & Sons, Inc. as Principal, hereinafter called the PrincipaL and the GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the Jaws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Moscow as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Contractor's Bid-· -DOLLARS (5°/o of bid) for the payment of which sum we11 and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fairgrounds 2003 Roadway Improvements, Storm Sewer Improvements NOW, THEREFORE, if the Obligee shaH accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof. or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void. otherwise to remain in full force and effect. Signed and scaled this 15th day of August .2003 In the presence of: . / • j / c 774 /c ' ð /o/fifl?Jee?NI=@.dt LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE 00 OCCUR GEN\. AGGREGATE LIMIT APPLIES PER I POLICY n 2r n LOC :K ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS x HIRED AUTOS NON-OWNED AUTOS AGE LIABILITY ANY.AUTO I I OCCUR D CLAIMS MADE # DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFF!CERIMEMBER EXCLUDED? $ . ·11 ;.ibelow lfJt\llation Floater POLICY NUMBER PRH<=. 20d 12/31/2002 20 12/31/2002