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CONSTRUCTION CONTRACT BOYDE AVENUE- LI.D.133 THIS CONTRACT, dated this 19th day of April, 2005 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and McCall's Classic Construction (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contrae1or 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 Contrae1or ccncerning the work to be performed are this Contract, pages one ( 1) through four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: BOYDE AVENUE- LI.D. 133 3. Bid/Proposal of the Contractor, dated April 5, 2005, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this 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. ARTICLE2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Mosccw project titled: BOYDE AVENUE- LI.D. 133 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before thirty (30) 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. PAGE 1 CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE4. CONTRACT SUM The City shall pay the Contractor for completion of the work in accordance with the Contract Documents in current funds the amount of forty-eight thousand six hundred ninety-eight dollars ($48,698.00). 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 the Contractor and the City 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 City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLES. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All 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 beceuse of any act or omission, neglect or misconduct of the Contractor or his subcontractors; or beceuse 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 in teres» 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 Engineer I Engineer and the City. ARTICLE9. 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 City. PAGE 2 ·CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 10. 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 surety 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 12. 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 13. 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: McCall's Classic Construction 945 Beachview Blvd. Clarkston, WA 99403 City: City of Moscow P.O. Box 9203 Moscow, ID 83843 PAGE 3 CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE14. 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 ) ) ss ) ' / \ I I NOTARY • ' · I .I PIJBUC \ \ On this day of . . , 2005>_J_:j2J.:.CQ·· persorally COMMISSION l i . \ \ MAY 26, 2008 ' l appeared Randy McCall know me to be the president of Me ll's Classic ConstructiQR3, \ -vvv ; / described in the above document and acknowledged to me they executed the same. (seal) My commission expires: 5/a(olr Date PAGE 4 - CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: Ap,..i I 51 J.oo5 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 BOYDE AVENUE- Ll.D. 133, specified herein and which construction documents are on file with the City Engineer, City Hall Annex, 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 1 above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. 5. The cash, certified check, bid bond, or cashier's check accompanying this proposal shall be forfeited to the City of Moscow, Idaho to the extent of 5% of the amount bid if the undersigned shall fail or refuse to execute the contract, furnish performance and payment bonds, and insurance certificate as required by the specifications within the time limit therein after notification that the said proposal is accepted, all in accordance with the provisions of this proposal and the specifications. 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. 9. The undersigned agrees to complete all work embraced in the contract v.ithin the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number Jl./4 '13- B- 4 1J2,32,113) Page 2 ---PAGE BREAK--- I I. The undersigned i poses to use the following sub-contractorl the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and IB-16: Subcontractors Trade Specialty a. N Idaho Public Works License No. $Amount c 12. The undersigned proposes to furnish labor, materials, equipment and seiVices of all kinds required for BOYDE AVENUE- L.LD. !33 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: Page3 ---PAGE BREAK--- BID SCHEDULE Boyde Avenue L.I.D.- Project No 102-004 T-Spec. Bid No. Item Description Quant Unit ity Excavation 216 C.Y. 2 Process Existing Base Rock 1626 S.Y. 3a Remove/Dispose Bituminous Surface 213 S.Y. 3b Remove/Dispose Concrete Sidewalk! Approach 60 S.Y. 3c Remove/Dispose Concrete Curb 223 L.F. 4 8" PVC Storm Pipe 43 L.F. 5 Type 1 Catch Basin 2 EA. 6 Concrete Curb 277 L.F. 7a Concrete Sidewalk 115 S.Y. 7b Concrete Approach 73 S.Y. Sa Plantmix Base Course 1626 S.Y. 8b Plantmix Surface Course 1626 S.Y. 8c Driveway Patching 20 S.Y. 9 Topsoil 13 C.Y. 10 Adjust Manholes 2 Ea 11 Repair Soft Spots 10 S.Y. 12 Traffic Control L.S. 13 Mobilization * L.S. Total Bid Amount *Not to exceed 5% of total bid. Page4 Unit Price Amount $ $ $ $ $ $ $ $ $ $ $ $ $ RJ $ $ ;;EE- $ zso $ " " $ lf3.ƌ $ 12ƍ ' $ 32Ɗ $ 9oo 00 $ 1'100 $ 3lJƋ $ 'to $ $ $ 21{Ǝ$ 1./o • $ zs_oƐ $ ʚ $ $ 86/L 00 ill 06 s 952Ƒ oo I, oRo- ¬ 7t. • I, 37'Ə 00 1. 8 C/c.ss;C C,, Firm Name of Bidder Official Title B- 4(1,91 lf-;Z2t32.J q3) Public Work License No. State of Incorporation if Incorporated This day of Apr• L , 2005 Page 5 ---PAGE BREAK--- S U R E T Y PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, That we McCall's Classic Construction of 945 Beachview Blvd., Clarkston,WA 99403 as PrincipaL and Travelers Casualty and Surety Company of America 707 W. Main St. Ste 300, Spokane, WA 99201 as Surety, are held and firmly bound unto the State of Idaho(hereinafter called the State) in the full and penal sum of Five Percent of the total amount of the proposal of said Principal for the vJOrk hereinafter described, for the payment of which will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents. The Condition of this obligation is such, that whereas the Principal has this day submitted a sealed proposal for: Boyde Avenue L.I.D. 133 City of Moscow 206 E. 3rd St., Moscow, ID 83843 NOW THEREFORE, the above obligation is void if the Principal-(a) obtains relief pursuant to Idaho Code, Section 54-1904B; or upon award by the State of the bid identified above is authorized by State and Federal law or regulation to enter into the contract, executes the contractual documents and provides the bonds required by the terms of the bid as accepted, within 15 days after presentation of the contract; otherwise this proposal bond shall remain in full force and effect. Attest: above bounden parties have executed this of April , 2005 McCall's Classic Construction or Firm) (If Corporation) (Title) (Corporate Seal) Travelers Casualty and Surety Company of America (Surety) 707 W. Main St., Ste 300, Spokane, W A 99201 I / j JA' · . . . l Q, /1 _D B · _ s Ad ress) Attest? ( B : JoAnn Mikkelsen Judith A. Rapp (Print Name) Attorney-in-Fact (Title) SURETY AGENT'S POWER-OF-ATTORNEY MUST BE ATTACHED 03/02 PB Page 1 of 1 ---PAGE BREAK--- TRAVELERS CASUALTY AND SURETY COMPANY OF AM,J!IUCA TRAV ?.RS CASUALTY AND SURETY COMPANY ¥ARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these presents make, constitute and appoint: Judith A. Rapp, James E. Majeskey, II, of Spokane, Washington, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place withio the United States, the following instrument(s): by hislber sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the natnre of a bond, recognizance, or conditional nndertalring and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority nf the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chail:num, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Cotporate Seeretaty or any Assistant 8eeretaty may appoint Attorneys-in-Fact and Agents to act for and on bebalf of the company and may give such appointee such anthority as his or her certificate of anthority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the natnre of a bond, recognizance, or conditional undel:taking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any V1ce Chail:num, any Executive Vice President, any Senior V1ce President or any V1ce President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided thst each such delegation is in writing and a copy thereof is filed in the office of the Seeretaty. VOTED: That any bond, recognizance, of indemnity, or writing obligatory in the natnre of a bond, recognizance, or conditional undertsking shall be valid and binding upon the Company \\hen signed by the President, any Vice Chairman, any Executive Vice President, any Senior V1ce President or any V1ce President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Cotporate Secretory or any Assistant Seeretaty and duly attested" and seaie(fwith the Company's seal by a Secretsryor Assistant Seeretaty, or duly execnted(nnder seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of anthority or by one or more Company officers pursuant to a written delegation of authority. This P(lWer of Attorney and Certifieate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signatnre of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Seeretaty, any Assistant Seeretaty, and the seal of the Company may be affixed by filesimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for pnrposes only of execnting and attesting bonds and und\MAGE s (Per acctdent) AUTO Or-.IL Y-Et>. ACCIDENT ' EAACC s 1 ƄƅƆ50;,ƈƇ" AGG s EACH OCCURRENCE s AGGREGATt: ' s s - s I ST AT' . I I OJJi . E.L EACH ACCIDEHT s E l DISEASE- EA t:MPLOYE s f DiSEP..SE · POLICY L\Mfr ' rʕf:SCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECiAL Ptl:OVISIQNS Y1ty of Moscow as additional insured in regard to contract w1th 1nsured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL E!I!SEWGR +9 MAIL __1Q_ DAYS WRITTEN NOTiCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Moscow 81 !OʖIi.IIRI!i +IOl Mʗl'z:til-'t;:W tIO+tCiii $Fiil 14j;I;Qili s10 Oil I!Oii O+IQI GR IIQQibi+:Y p 0 Box 9203 er rr ·'PSI! TilE IIISbfit•, Fr& • SR ES. Moscow, ID 83843-1703 AUTHORIZED REPRESf'tFATIVE Cherie Ashby( 0 L . . ACORD 25 (2001/08) ©ACORDitORPORA TION 1988 ' ---PAGE BREAK--- 05/04/2005 04:18 FAX [PHONE REDACTED] VerifY Workern' Comp Premiurn,F 't\ls- Employer Liabilily Certificate Washington StAte Department of Labor and Industries Department of Labor and Industries Employer Liability Certificate Date: [PHONE REDACTED] UB I II: 601 815 883 Business tlame: MCCALLS CLASSIC CONSTRUCTIOI'III'IC Legal Business l'lame: MCCAU..S CLASSIC COI'ISTRUCTIOI'IINC Accountll: 940,929·00 'Doing Business As' l'lame: MCCALLS CLASSIC COI'ISTRUCTIOI'I Quarterty Premium Reports: Quarter 1 of Year 2005 rUU.L l:"age 1 01 , Employer Liability Certificare Workers' Camp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes Account Representative: T7 I TERRI MADISON (360)902 ·4654 lndustriallnsuraru:e lnfonnation The information above show.; the employer's Industrial Insurance (workers' compensation) premium status with the Department of Labor and Industries. Employers report and pay premiums each quarter based on hours of employee work already performed, and are l iable for premiums found later to be due. Industrial insurance accounts have no pol fey periOds, cancellation dates or limitations of coverage, (See RCW 51.12.050 and 51.16.190.) Accountld-94092900&AccountManage.. 5/4/2005