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AGREEMENT THIS AGREEMENT , dated this - day of 199 by and between the city of Moscow, a municipal corporation o the state of Idaho (hereinafter, "CITY") and Atwood-Hinzman, Inc. (hereinafter, "ENGINEER") WHEREAS, the CITY intends to engage ENGINEER to perform certain personal services for a project known as Banner Cable Support Design, (hereinafter referred to as the "PROJECT"): WHEREAS, the ENGINEER has reviewed the scope of the work to be performed under this Agreement: NOW THEREFORE, the CITY and the ENGINEER, in consideration of the mutual covenants and stipulations set out, do hereby agree as follows: ARTICLE I. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the CITY and the ENGINEER concerning the PROJECT consist of this Agreement, pages one through four There are no contract documents other than those listed in Article 1 . This Agreement may only be amended by change order as provided herein. ARTICLE 2. WORK The ENGINEER shall complete the entire PROJECT as specified, indicated and required under the Contract Documents. ARTICLE 3. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between ENGINEER and the CITY by the terms of this Agreement. It is understood by the parties hereto that ENGINEER is an independent contractor and as such neither ENGINEER nor ENGINEER's employees, if any, are employees of the CITY for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 4. SCOPE OF WORK ENGINEER shall provide personal services for the PROJECT as outlined in the Contract Documents in accordance with the terms and conditions of this Agreement. The PROJECT and ENGINEER's responsibilities shall consist of the following: AGREEMENT FOR SERVICES PAGE 1 ---PAGE BREAK--- I . Design and analysis of system (site visits as necessary). 2. Preparation of fabrication and installation drawings, and specifications, (stamped by an Idaho State Licensed Structural Engineer). 3. Coordination with CITY, fabricator, and installer/contractor throughout the fabrication and installation of tbe system. 4. One site visit during tbe installation and one site visit for final approval, two site visits total, this item. ARTICLE 5. CHANGES IN THE PROJECT (Change Orders) The CITY and the ENGINEER may make additions to the scope of PROJECT by written mutual agreement. The CITY may omit work previously ordered, without penalty, by written instructions to ENGINEER. The provisions of this Agreement, with appropriate changes in ENGINEER's compensation and project schedule, shall apply to all additions and omissions. ARTICLE 6. MODIFICATION AND ASSIGNABILITY OF AGREEMENT This Agreement contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, arc valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. ENGINEER may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of the CITY. Any assignee so authorized shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. ARTICLE 7. PROJECT SCHEDULE ENGINEER shall commence work on the PROJECT upon written notice given by the CITY. ENGINEER shall complete Items I and 2, ARTICLE 4, by May 15, 1995. ARTICLE 8. COMPENSATION For services performed pursuant to Article 4, Scope of Work for the PROJECT, ENGINEER shall be compensated $2,400.00. ARTICLE 9. PAYMENT Payment for services rendered by ENGINEER shall be paid upon completion of the PROJECT. AGREEMENT FOR SERVICES PAGE 2 ---PAGE BREAK--- Payments for invoices prepared by ENGINEER shall be due and payable net 30 days. ARTICLE 1 0. STANDARD OF PERFORMANCE AND INSURANCE A. In performance of its obligations under this Agreement, the ENGINEER will use that degree of care and skill ordinarily exercised under similar circumstances by members of the profession. B. ENGINEER shall, during the performance of this agreement, keep in force Workmen's Compensation insurance, Employers Liability insurance for its employees, Errors and Omissions insurance and General Liability insurance each "/14hD,ntJ 7d?"' • It k having a limit of e11e million dQilars ,uuu,Wo._oo..;; ) A. , _ . _ /l ARTICLE I I. GENERAL CONSIDERATIONS 7 A. ENGINEER shall prepare its drawings and specifications in a timely manner, but it is agreed between the parties to this Agreement that ENGINEER shall not be responsible for delays occasioned by factors beyond ENGINEER's control. ARTICLE 1 2. TERMINATION This Agreement may be terminated as follows: A. Termination for convenience. The CITY may terminate this Agreement in whole or in part for the convenience of the CITY when in the CITY's judgment continuation of ENGINEER's services is not in the best interest of the CITY. Then and in that event ENGINEER shall be entitled to compensation for work performed up until the date of termination, and the CITY's liability shall be so limited. B. Termination for cause. If the CITY determines that ENGINEER has failed to comply with the terms and conditions of the Agreement, the CITY may terminate this Agreement in whole or in part at any time before the date of completion. ENGINEER will thereafter be entitled to receive payment for those services reasonably performed ot the date of termination less the amount of damages suffered by the CITY by reason of ENGINEER's failure to comply with this Agreement. ARTICLE 13. 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 ENGINEER shall be deemed material and shall subject ENGINEER to termination of this Agreement for cause. AGREEMENT FOR SERVICES PAGE3 ---PAGE BREAK--- ARTICLE 14. CONSTRUCTION AND VENUE 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 of Idaho, in and for the County of Latah. ARTICLE 15. INDEMNIFICATION ENGINEER waives any and all claims and recourse against the CITY, including the right of contribution for Joss and damage to persons or property arising from, growing out of, or in any way connected with or incident to ENGINEER's performance of this Agreement except for liability arising out of the sole negligence of the CITY or its officers, agents or employees. Further, ENGINEER shall indemnity, hold harmless, and defend the CITY against any and all claims, demands, damages, costs, expenses or liability arising out of ENGINEER's performance of this Agreement, except for liability arising out of the sole negligence of the CITY or its officers, agents or employees. ARTICLE 1 6. 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. IN WITNESS WHEREOF, said ENGINEER and CITY have caused this Agreement to be executed on the day and year above written. ENGINEER: CITY: . Le and Secretary Elaine Russell, City Clerk contract!atv.rood/dm AGREEMENT FOR SERVICES PAGE4 ---PAGE BREAK--- 13:35 N0.689 I AHa•. INIUFtA.t«281ND&R:.· ; THIS SlNOER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. - Moloney O'Neill, Inc. CNA Insurance 12550 & CTM! PO Box 367 SATE OATf I X " t2::01 AM Spokane, WA 99210-0367 04/01/95 12:01 PM 05/01/95 NOON fHtS &ˏNJ;teR fS !SSU£0 'fO EX'T&NO COViRAG& IN THE A60Vf NAMED COOl sua.coo&: COMPANY P£R CXFiR!NI:) PQUCV ˊTfOMOFOPEMˋˌˍˎ} Atwood-Hinzman Engineers, Inc. Engineering Office located: B. Hll9 Springfield E. 1819 Springfield Spokane, WA 99202-2920 Spokane, WA 99202-2920 !Rillti!l.w, TYP£ WWRAi«:: COʽFORMS ° 2: ʸ CAUSE'S Of' lOSS - SPEC X COMMiROAt GE˄ UABIUTY CtA!MS 1AAOE X OCC!Jl:t OWNEn"S & COtliTˁ·s PF«)f ˂ tMTE FaA Ct.AJM9 MAO£: AMY AUTO AU. OWNIW 4lJTU$ SCHEO:t.ll £0 AIJTOB J.oURiO AUTOS -AUfOO GARAGE UAQ!l!TY OfO-UCT!&f: AU, '/EHI(;:US VE!«:I.E$ OOUJSION-; OrwfiA TWAN OOl.: ·² ʷ FOAM OTHER THAN" \JM6fifLV\ fORM RETRO OAT£ Fi.)R: c:tNMS MAOf. WORk£A:'$ ˃NSAT!OH - EMPJ..O'fars u.um.m , Binder issued to City of Moscow for structural for Banner. IIAMI'It . City of Moscow l P. 0. Box 9203 I Moscow# idaho 83843 ' ' I Attn: Dean Weyen MOFITGAGEE t.¢8S:PAYE£ * 'GENEM.At. AGGR:eei".Tf • 2,000,000 f"RRoCTS - OOMP!OP AQG_ '1,000,000 ³f.Af:N_ lt.\JORY •1,000,000 1,000,000 F˅ˆˇ;)(lam.st • 5U ,000 Mm.ˈV\'Won&ˉ l nnn OOM&INED ʺ.A UMtT ' BODILY lNJUAY {Pet ʻ.l • SC!OilY !N U.$Y (hf ʹ & ʼAT¥ 01\MAGE • MmlCAl PAYfAE«fS: • ³ INJUW'f • \.IHHIS\JAEO \W;T(.WST • • ACTUAL CASH VALuE: STATm AMOUNT • OT>lil' EACH OCC\JftAfl«'..£ • • SEt.f4NSUREO fU:TemoH • STAWTORY WJTS • 0!5EASE.f'()l-ICY l,.lMIT • ʾʿH EMP!.Xrt£ˀ • engineerinq services . AOOtTIONAl WSU:Pl€0 ! ! I T784(7190) y, L J 1tʌe I -vCDE B . - 93% P.02 ---PAGE BREAK--- / : Merrill Summary Page Accour.t No, Taxpayeʯ No, 340-07899 91-0951160 Page. OF 4 Your Fina.ʶci,"ll Of:;ce Serv·r:g Your tl:::ccc.:r;t TO•'i 8 CR. ESS'r/ELL FC.#2766 WEST 601 1ST AVE PO BOX 1516 SPOKANE WASH. 99210 ( 509 J 458-1!305 Account Status CMA HONEY ACCOUNTS CASH SUBTOTAL PR I CEO INVESTMENTS EST IMATED ACCRUED INTEREST Priced Portfolio PURCHAS! NG PO'n'ER Dividend and Interest Income DIVIDENDS (REPORTABLE) lhTEREST {REPORTA3LE) To!al Dividend and Interest Income As or 03/31/93 $791.00 $0.84 $791.84 $263,984.00 S4,23Lt.OO $269,009.84 $791.00 TrHs S:aPe:-:-.er.t s 1. 80 $0.00 eo EFFECTIVE YIELD FOR THE PERIOD 03/31/93 TO 04/29/93 ʲOʳi::Y F UNCJ: z.7a Ques:icns? Cal\ Your Financial Consultant { OR 1-800-HER-'riCHA As of C-i./3C/93 $792.00 s 1. 64 YeaQ to Da:e $69. 12 $6,803.75 $6,872.87 ʱCHA CASH R?.ILL LYʴʵH · · · = > · , , @ ; ' . ' · · . · - . < · - · : . ' , ; . , . . ; . ; . ; " ; c® . · 2 ' . ' . 67::5-3:;'4: : : )J /012-:, . . A •working Capital WrD Management'Account Business Financi2J Services ,I I, I 1 ,II I I, I, I ATWOOD-HINZHAN INC C/0 SELF INSURING LIABILITY TR 1819 E SPRINGFIELD SPOKANE WA 99202-2920 Account Activity Crecits INVESTMENTS SOLO DIVIDENO/INTEREST INCOME FUNDS RE.CE I YEO OTHEP, CREDITS TOTAL CREDITS VESTMENTS BOUGHT SSURSEMENTS SA CARD TRANSACT I ONS OTHER DEBITS TOTAL DEBITS Net Activity YICMA NEWS This State:ner.t so.oo s 1 .80 so.oo so.oo s 1. 80 so.oo so.oo so.oo so.oo so.oo +Sl .80 '7 Year to Da:'! so.co $6,872.87 50.00 so.oo $6,872.87 $12,823.01> so.oo $0.00 $150.00 s 12,973.04 -$61100.17 LOOKlNC FOR AN INEX?ENSIVE A:lO CONV NIENT LINE OF CREDIT? THE WCA INVESTOR CREDITL!NE SERVIC ALLOWS QUALIFIED 8US!:iESSES TO ACCESS CREDIT BASED 0 THE VALUE OF THEIR ELIGIBLE SECURITIES. WlTH RATES REC HTLY AS LOW AS 6.25. THIS CREDIT LINE IS AN ATTR ASTIVE A TERNATIVE TO TRAD!TICNl fiNANCING. ASK YOCR fiNANCIAL CONSU TAT FOR DETAILS. ,Apr I I 19?3 FG.H;RrI--L{;;:7t.J'S-;.KL;:MN:OPQ: BC:. EDEZ; :s:?CJ