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CONSTRUCTION CONTRACT JEFFERSON STREET PARKING LOT IMPROVEMENTS THIS CONTRACT, dated this 20th day of June, 2006 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Giese Paving & Excavation (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: ARTICLE1. 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: JEFFERSON STREET PARKING LOT IMPROVEMENTS; 3. Bid/Proposal of the Contractor, dated May 31, 2006, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addendum No. One attached to this contract 7. Change Orders which may be delivered or issued after the effective date of this Contract 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: JEFFERSON STREET PARKING LOT IMPROVEMENTS ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substan!ialiy complete on or before sixty (60) calendar days from the issuance date of the NOTICE TO PROCEED, unless adjustment of !he contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall bagin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. Page 1 - Construction Contract: GieseiCity 2000-2R ---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 twenty-six thousand six hundred thirty dollars ($26,630.00)" 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" ARTICLE G. 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 ARTICLE7. HOLD HARMLESS IINDEMNIFICATON 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 performance of its services hereunder. The Contractor further covenants that, in perfonming this Contract, it will employ no person who has any such interest Should any conflict of interest arise during the perfonmance 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 !he 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 ol the City. Page 2 - Construction Contract Giese/City ---PAGE BREAK--- ARTICLE 10. AOH!"RENCE 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 besed 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: Giese Paving & Excavation P.O. Box 539 Lewiston, !D 83501-0539 City: City of Moscow P.O. Box 9203 Moscow, ID 83843 Page 3 - Construction Contract GiElseiCi'l ---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. Contractor: Giese Paving & Excavation o>f!(l/k ACKNOWLEDGMENT State of % County of Wc:2. eѝ ) ) ss ) On this 01 day of 1ev--L , 2006 , personally appeared Kelly J. Giese known to me to be the owner of Giese Paving & Excavation described in the above document and acknowledged to me he executed the same. Notary Public residing at9 My commission expires: - 1 0 - J Date Page 4 - Construction Contract Giese/City ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL This proposal is submitted as an offer hy 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 JEFFERSON STREET PARKING LOT IMPROVEMENTS, 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 aud 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. 6. 7. 8. The cash, certified check, hid 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. 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. 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 Engineer. The undersigned, as a bidder, acknowledges that Addenda Number through I 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 within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Public Works Contractor's License Number · τo - · i I.PVtJ Lf w b ћќ OZ5iO 1 Bid Proposal Page I of2 ---PAGE BREAK--- I I. The undersigned p.vposes to use the following sub-contractors in the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and IB- 16: Subcontractors Trade Specialty Idaho Public Works License No. $Amount 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for JEFFERSON STREET PARKING LOT IMPROVEMENTS as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for prices in accordance with the completed schedule contract prices as follows: lump sum price (prices in words) Signatu Official Title SEAL. (if incorporated) BID SCHEDULE lioD8'ti- D · 4 ( 023tod:>Z I'+D, ozsoo) Public Works License No. State of Jucorporation if Incorporated 2006. Bid Proposal Page 2 of2 ---PAGE BREAK--- May23, 2006 ADDENDUM NO. ONE City of Moscow Project: Jefferson Street Parking Lot Improvements Project No. 104-006 The following changes, additions, clarifications, and/or deletions are hereby made a part of Moscow's project JEFFERSON STREET PARKING LOT IMPROVEMENTS, as fully and completely as if the same were entirely set forth in the Plans, Specifications, and Contract Documents. This addendum, as set forth herein, shall become an integral part of any contract entered into by and between the Owner and the Contractor. 1. The three existing parking meters located in the center bay of the existing parking lot will be removed and salvaged by the City, not the Contractor. 2. On the west side of the parking lot there is 128 feet of new curb to construct; not 48 feet as noted on plan. Receipt of ADDENDUM NO. ONE must be acknowledged. This document must be signed and attached to the bid to acknowledge its receipt: Firm Name of Bidder 4.tL Signature ofB·a er ' s/3J{wo5p Title Date ---PAGE BREAK--- GIESE PAVING & EXCAVATION P.O. BOX 539 LEWISTON, ID 83501-0539 (208) 798·8587 PAY TO THE City ofMoscow ORDER OF Wells Fargo Bank, N.A. Idaho wel!sfargo.com 92·379 1241 3372 11090 5/20/2006 $ **1,331.50 One Thousand Three Hundred Thirty..Qne and DOLLARS MEMO CitcofMoscow P0Box9203 206 E. Third Street Lewiston, ID 83843 Bid Bood: Jefterson Street GIESE PAVING & EXCAVATION City of Moscow Lot Wells Fargo Bid Bood: Jefferson Street Parking Lot 5/2012006 11090 1,331.50 1,331.50 ---PAGE BREAK--- JUN-30-2006 FR! 03:40 PM CW SURETY FAX NO. 605 2j5 0357 P. 02/05 3w Western Surety Company PERFORMANCE BONO Bond Numbe-1:: i'Ol29648 ŷ KNOW ALL PERSONS BY THESE PRESENTS, That we KodJ-_y_i.L, .ii;!.->;sou;lbѡt.J>ie.!it l?JtY.:i-Il9-9! · of _ , hereinafter refl!!rred to as the Principal, and sur_'l!t;;t_Co'!Jt ....e.3B43cUJP _,hereinafter referred to as the Obligee, in the sum of .їt.;::ј$:idl.3l1m.lsl!ng Ĵ_g, ru;rѓa,llld. OQJJ,_Qo _ Dollars .:46 J.§Ao .QQ . for the payment of which we bind ourselves, our legal represeniatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the ѐ-6ё _day of_ , . ...2.!l.OL , tor ѕsі.J>ra.i.ru.ga . .L.S tl:i.pi:ng, EoJ:.. Ex.\.10 ting GnJTe.L ђ•:lsi.I"S:. Lol:,__ _ , . NOW, THEREFORE, if the Principal Shall falthfuHy perform such contract or shall indemnify and save harmleSs the Obligee from all cost and damage by reason of Principars failure so to do, then this obligation shall be null and void; otherw1se it shall remain in fUll force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instƆuted in any court of competent juriSdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or Within two years after tne Surely refuses or fails to perform its obligations under this Bond, whiChever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of llmitallon available to sureties as a defense io tile jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall acorue on this 13ond to or for the use of any parson or corporatiOn other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this , :>Ot;h day of_ >ll!le _ , ;cQ_06. σelly J. Giese dba Giese Paving & ---PAGE BREAK--- JUN-30-2006 FRI 03:40 Pli CtJ' SURETY FAX NO. 605 1i5 0357 P. 03/05 2y Western Surety Company PAYMENT BOND Bond Number: 70l2B64S KNOW ALL PERSONS BY THE'SE PRESENTS, That we Kelly GJ&l'e_gbaU:>iщ E:ll:i!!e • .H!l•U>l'!ph;!J.t.._įbL_Drİe .JW>t.tipins: х lill>..i.atJ.:ng.џillL!il PJ!P'.Jd.llS,Lo.t._ - - copy of which contract Is by reference mede a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable statutes, prompHy make payment to all persons supplying labor and material il\ the prosecutiOn of the work provided fOr in said oontract, and any and all duly authorized modifications of said contract that may hereafter be made, notiCe of Which modifiCations to Surely being waived, then this obligation to be void: OtherwiSe to remain in full force and effect No suit or actiOn shall be commenced hereunder After the expiration of one year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibiiEKI Ill! any law controlling the construction hereof such nrnitatioo shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. Other than in a state court of competent jurisdictiOn in and tor the county or other political subdivision of the state in which the project, or any part thellilof, is situated, or In the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payment: made in good faith hereunder. SIGNED, SEALED AND DATED thiS 3o.tb day of - .Ju,nl!. . ! me, a notazypubli.rney-U.-Fact of WESTERN SURETY COMPANY. a corporation of Sioux Falls, South Dakota, organi>:ed and exll!ting under and virtu• of the laws of the State of South Dakota, that the said instrument was executed on behalf of the sa:id corporation by authority of its Soard of Directorsandthatthesaid _ . ..He.y..e.r ŵ . _ acknowledges said instriDUent to be the free act and deed of said oorpo.rat:io:P. and that he has authority to sign said insttument without affixing the corporate seal of said eotpMation. IN WITNESS WHEREOF, I have hereunto •ubseribod my name and af!ixed my official•eal at . _ . poфa,t.E;Ll._Q , _ _ IdB:!¥L _ ,the day and year last above written. %Y&':uxp(e• _ ---PAGE BREAK--- JUN-30-2006 FRI 03:41 PN Cl:JA SURETY FAX NO. 605 =15 0357 Western Surety Company POWER OF ATTORNEY· CERTIFIED COPY Bond No. P. 05/05 Know All Men 13y Tl:woo Pr/Jile'nte, that WESTER..ρ SURETY COMPA.t·l'Y, !l corporation duly arganiMd and exi¤ting under th& lam ofthe State of South DakZ. and having its principal offtee in Sioux Falls-, South 1J11kota (the "Company"'}, does by theW presents m.a.ke, oona.titttte aP.d appo-int - - - - · · it;"t;u;-!d )Ĭ;M ;;;,-y(s)·i./0:-;1h"fuji2· ;;d·s.,;tfu;it;·;reb;·oonf@tted.-3 ĭĵ;:Įte1 ackn<>wl s!gnod by tbo S.nlor Vioc оsident, sealod with the -rate of lh• Company and du ly atto1ltrs m•y autborl: Company has caut>ed these- ptesenr.s to be signed by ita Senior Vioo Pr&ent. :?aul T. llru!lat, ! to he affixed thio 3.0.tb ·--day or _,;lUll!> , пQQ_6 7.3,y COMPANY Paul T. Bru!la }2 Or. thlio _3ll.l;h day of Ju.nο- in thO yeru: 2Jl.OL, hefor• me, a ru>tarypubli<:, porom\ally appeared Paul T. Brufiaπ who baing to me dul)< sworn, aelmowlodgOd thet he the abovo P<>wer of Attorney U>o albl:osa!d of!ic.:r af WESTERN SURO."l'Y COMJ' k\;'Y and acknoWledgod oaid lruru:umont to be the voluntaty a"l'Otatlon. tW 1 " t D. KRI!l.L м d_.Y J , _ - 'OttW;i>ui'IU.:SouthOakOtA t 4t"M! \il oR • My C<>mmissi Ill Dakota, do hereby certify that the attached Power of. Attorney is in full fu¥Ce and e!Net and is irtevt>eable, and furthel'D'Wt'e, that &ction 7 o£ tl'-& bylaws of thil Company a.s set furth irt the- Power of Atto-rney- ia now ln In testimony wheretJ.f, 1 have (U;!t my band and ooal LIAOII.II y \ii 8J76R THAN UMBRELLA ill AND loti EMPlOYER'S LIABILITY !OTHER POLICY POLICY nD . 81099002 07-09-2006 07-09-2007 81098002 07-08-2006 07-09-2007 ' l I ' i I DESCRIPTION OF OPERAT!ONSJLOCATIONSNEHIClES!RESTRICTIONSISPECIAL ITEMS: JOB: ,JEHER30N STREET PARKING LOT IMPROVEMENTS I 4fAuvt" EACH ' I ) SINGLE LIMIT 'I BODILY INJURY l BODILY _ INJURY I V DAMAGE l EACH I ,ot I I LIMIT CITY OF t.JOSC0t4 IDAHO IS ADDITIONAL INSURED WITH RESPECT TO WORK PERFORMED ON THEIR BEHALF BY NAMED IN SUE ED UNDER CONTRACT OF ENDORSEMENTS CG 20 10 \10/0l) & ID CA 389 {Gl/01!) 1 TY ·JF HOSCOW ?0 BOX 92C3 8384.2 i03 $1000 mao $100 $500 $ $ ' $ $ 06/29/ZOOS 04:00:531'M LN ---PAGE BREAK--- 07'12 2006 10:09 FAl [PHONE REDACTED] ,_,}'EAJI 6 Verify Workers' Comp Prcr. ,ill StaltL'l- Empioyer Liability Certificate Washington State Department of Labor and Industries Department of Labor and Industries Employer Liability Certificate Date: 07/!2/2006 UBI#: 601 302 079 BtL,iness ]\;arne: GIESE KELLY J Legal Business Name: GIESE KELLY J Account#: 859,939-00 'Doing Business As' Name: GIESE PA Vf:\IG & EXCA VATIOl'\ Quarterly Premium Reports: Quarter I of Year 2006 к002 Page l of l Employer Liability Certificate Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor" Y cs License: GIESEPE065P1 Expire Date 8/16/2006 Account Representative: T6 I MICHELE MCKITRICK (360)902-5634- Email: [EMAIL REDACTED] Industrial Insurance Information The information above shows 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 liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates or limitations of coverage. (Sec RCW 51.12.050 and 51.16.190.) Accountld'" 85993900&Aceount'V1anag.. 7:12/2006 ---PAGE BREAK--- TE.'"ξ 6 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES July 12, 2006 STATE OF IDAHO ll"DUSTRJAL COMMISSIO£ 317 MAl'/ ST BOISE ID 83720-0041 II CERTIFICATE OF WORKERS' COMPE-:-ISATION INSURANCE Account ID: 859,939-00 Unified Business IdentiJ1er (UBI): 601 302 079 Business Entity Type: SOLE PROPRIETORSHIP l@OOl II THIS IS TO CERTIFY THAT: KELLY J GIESE DBA GIESE PA YTNG & EXCA Y ATIO has industrial insurance coverage with the Department of Labor and Industries in the state of Washington. [fa Washington worker employed by this iirm experiences an on-the-job injury or occupational disease, that worker is entitled to benefits under the Washington Industrial Insurance Act nder our reciprocity agreement with the state of Idaho, extraterritonal coverage is extended to this fmn's Washington employees who, in addition to their Washington employment, may be working temporarily in Idaho. The coverage will remain in effect as long as this employer continues to be subject to the Washington Workers' Compensation Act. Lf this employer hires other workers in idaho, those workers must be covered under the laws of Idaho . Please acknowledge this coverage by sending a copy of this letter to the business. Sincerely, 0CUM /1 SA:'v! RIENBOLT Account Manager PO Box44166 Olympia W A 98504-4166 (360) 902- 4659 C02 03-07-0J Page I of 1