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CONSTRUCTION CONTRACT THIS CONTRACT, dated this 23rd day of June, 1998, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Quad-Cities Construction, 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 detenmined 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: STREET PATCH & OVERLAY -1998; 3. Bid/Proposal of the Contractor, dated June 10,1998, to be physically attached to this Contract; 4. The Engineering Plans; 5. Perfonmance 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. ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete by August 15, 1998, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. The Contractor shall begin work in confonmance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 - CONSTRUCTION CONTRACT 98-25 ---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 One Hundred Ninety-Nine Thousand Five Hundred Sixty-Three Dollars and Thirty-Seven Cents ($199,563.37). Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLE 5. 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 6. 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 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. ARTICLE 8. 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 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. 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 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 tennination of this Contract for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way seJVe to modify the provisions of this requirement The Contractor and his surety shall indemnify and save hannless 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: Quad-Cities Constructon, Inc. 2114 12th Ave. Lewiston. ID 83501 ARTICLE 14. EXECUTION City: City of Moscow 206 East Third Street P.O. Box 9203 Moscow, ID 83843 IN WITNESS WHEREOF, said Contractor and the City have caused this Contract to be executed on the day and year first above written. Pre i nt Secretary 04 PAGE 3- CONSTRUCTION CONTRACT ---PAGE BREAK--- ACKNOWLEDGMENT nj\ P ' \ . ' ¾ \ State of \A lQ.;:v¶o, l, A.C L 1 = " \ J SS County of Y X ´ 'i ) \ Y, µ³¶: , is ,;tj'u day: \ k \ , 1998, before me, a Notary , Pu*lic 1 of , t ')tate ' of , \o . \ )vJ :q('l 1 , personally appeared Jh,;t h cJ J 5; \ µ t- \ \0 _ ¿À " ' and Ą. ) ' \ .I \ ' ) \ k\ 'i f1in their official capacity as president and secretary \ - \ of Quad-Cities Construction, Inc., known to me to be the persons described in the above document and acknowledged to me they executed the same. (seal) \ . _ Notary Rublic residing at: r7 " , , 6 PAGE 4- CONSTRUCTION CONTRACT ---PAGE BREAK--- INVITATION TO BID The City of Moscow, Idaho is accepting sealed bids at the business office of the City Hall Annex, 122 East 4th Street, P.O. Box 9203, Moscow, 10 83843 until 10:00 a.m., prevailing local time, Wednesday, June 10, 1998 for the following project: STREET PATCH AND OVERLAY ·1998 Immediately thereafter all proposals will be publicly opened and read aloud in the City Hall Annex. The project consists of patching (approximately 5,717 square yards) and asphaltic concrete overlaying (approximateley 3,810 tons) certain City streets. Bid forms, bidding instructions and conditions, contract documents, and specifications may be obtained at the office of the City Engineer, City Hall Annex, 122 East Fourth Street, for a non-refundable fee of $10.00 plus tax. The City reserves the right to reject any and all bids. Gi.b Myers, City Clerk Publish: May 23 & 30, 1998 0:\WINWORD\ENGINEER\BIDINVIT.DOC ---PAGE BREAK--- 8. The undersigned, a bidder, acknowledges that .1denda Number through have been delivered to him and have been examined as part of the contract documents. 9. The undersigned agrees to complete all wcrk embraced in the contract by the date set forth in paragraph IB-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number 1 o7t!5- t"zf\fX - 12 3 ; I 11 . The undersigned prOJXlseS to use the following sub-contractors . in the performance of meeting the contract requirements: Subcontractors Trade Specialty Idaho Public Works License No. $ Arrount a. c. 12. The undersigned prOjXlses to furnish labor, materials, equipment and services of all kinds required for STREET PATCH AND OVERlAY - 1998, as described in the specifications, including all appurtenant wcrk, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: 5 ---PAGE BREAK--- Bond No. GtEAT t\I\IERIC² INSURMICE COMPANY® OHIO BID BOND Approved by The American Institute of Architects, A. LA. Document No. A3l0 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we Quad Cities Construction, Inc. as Principal, hereinafter called the Principal, and the GREAT AMERICAN INSURANCE C OMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter ca11ed the Surety, are held firmly bound unto "'Obligee, hereinafter called the Obligee, in the sum of__:=F£.!oi:y_v"'e³P´eeJrc;c"'e"'-n'"-'=tµoctf_!t,;h!.;e"--'Am¶·oc! uc!!n"t'-'o¸f,_t'=h'-'-"'e¹Ceoo"n!!to.!rlca=:c"-tºo.!or_'-"s'--'B»i!!d,c-:_-::._ _LDollars 5% of Bid for the payment of which sum well and truly to be made, and 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 _ Street Patch and Overlay - 1998 NOW, THEREFORE, if the Obligee shall 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 sealed this. ¼l"-' O'"t'"h.L_ day of ½J_cu;;n¾ In the presence of: Ki&w ---PAGE BREAK--- - ting under and by\ in uc uf t l1c !;Jws of 1 he State of Ohio. does hereby nominate, constitute and appoint the person or persons named be! ow its true and lawful for 11 and in its name pl<1ce and stead to execute in behalf of the said Company. as surety, any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof; provided that the liability of the said Company on any such undertaking or contract of suretyship executed under this authority shall not exceed the limit stated bclov.-' \"arne Limit of Power \-!ALTER HOLF A. P.APP JO ANN NIKKELSEN JUDITH C. StliTH JAHES E. HAJESKEY, II Address ALL OF SPOKANE, F!ASHINGTON ALL UNLIMITED Power ol Attorney rc\-,lkcs previous flOWt':rc-: iŊsued in he half of the attorney(s)-in,fact named ;;.hnvc. WIT:\ ESS WH R FOF the
n:sidcms, <Ñr :m1-- one of 1 hem. he and is aut hori?cd. I rom un-w 1 o umc. to :!flflO!!ll one or rnorc uornt'_vs- In-Fact lo excL·u:: un hcha!f'u(r he (·om pan.%. dS surety. any and all honds, undertakings and comract.> o(wrt'H'ih!f!. or other \.Hillen oh/iÐl!illions in the naturL' to f!l't':.;crihc their duties and the limits u{!hclf" i!Uihunl\" and 10 rc• okc ;w_v ,-uch ar an.\ lillie. VI-[) I lff-R /hal the ('c9mparn- 'eai and the· '>tpnaturc 1lfan.v ofrhc afJ!f'C<.aid ,JificeJs ;md :my .\'etTCfa:t or A_,_,!Sla!it u{ rhc ( "ompan_\ ma_\ he· afii_\ c,f hv !at',\l!Wic ro p!lH-Cr , auonKy or ccrtibcatc of p1n:n tor the cxcculion o( an\ hond. ai.. tnp. , ' power of attorney is not more than FIVE POWER OF ATTORNEY No.O 13787 KNOW ALL MEN BY THESE PRESENTS: That :he GREAT A \1ER I CAN INSURA:\CF COMI'A:-IY, a corporation organized and existing under and by virtue of the laws of t he State ofOhto, doe:-:. hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company. as surety. any and all bonds, undenak ings and contracts of p, or other wrinen nb!igat ions in the nature thereof: provided that the liabilit )'of the said Company on any such bond. undertaking or contract of suretyship executed under this authorit; .;,ha!l not exceed the limit stated below \!arne HALTER IV. HOLF JUDTTY A. EAPP JO ANN MI KKELSEN JUDITH C. JAHES E, HAJESKEY, ll Add res:-, ALL OF SPOK.i\}rE, HASHH;GTO" I ,imit of Power ALL U"!LINITED IN WHEREOF the GR LAT AM FR JCA\. I \iSl RA T ( ·o\1 PA has cauęed these presents to he signed and attested by 1b appropriate officers and its corporate seal hereunto affixed thi{ 26th day of August 19 97 Attest (;RIAl A\111!1Ci\[ 1\SURA'i(T C0\11'-\:\Y STATE 01· OHIO, COU>;TY 01· HA\111 TO'\ On this 26th ded. from time to time. to apnoint one or more '')execute on hchaf{u(rhc ('ompanv_ as surety, any and all bonds. undcrUJkings and conrracts olsurct.vship. or other v.Tittcn ohlipauons u, rhc na!llrl' to their duties and the· respective /iml{s o{thcir authority: and to revoke any _-;uch at an_1 tunc kF.\0{ VLJ) IHFR: lh;;r the Cornpan.F seal and the s,pnaturc uf an> of the afiiJ·cs;Jid otficcn and ant· .\,·t·rcr:tn or Assistam o{ the ( "ompany may he alfixcd hy (Ksimilc to an.ʼn powa of atrornn Iii ccrtiticatc o( en her pi>-cn ti1r the cAccuuun ol any bond, in om traer or sur,;tyship. or other \tTittcn ohlig:w,Jn m the nato1c !hcrcor •;uch stpnawrc and \Cal Ŋ,-hen '-IJ used hemp. hereby adopted h_'Y the Comp:w_ŋ- as the original sipnaturc o{such officer and rhc unpn:d -caf -okc-d and :trt:now m fuil and cfh:d 2nd July ---PAGE BREAK--- Karol McBride Ext: COMPANY A COMPANIES AFFORDING COVERAGE sat"eco··-tris·u-r·ance··tom·p·any INSURED Quad Cities Construction,Inc. Ken Wexler co LTR 2114 12th Ave. Lewiston, ID 83501 THIS IS TO CERTIFY THE POLICIES INSURANCE LISTED HAVE I FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL L!AB!UTY GENERfo.L 1\GGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILiTY PRODUCTS • COMPIOP AGG s 2,000,000 A CLAIMS MADE X OCCUR CP8641153 03/31/1998 03/31/1999 PERSONAL & ADV INJURY $ 1,000,000 A OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY A X UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' L!AB!UTY THE PROPRIETOR{ PARTNERS/EXECUTiVE I OTHER INCl EXCL City of Moscow Attn: Dean Weyen P 0 Box 9203 BA8641153 Ul8641153 Moscow, ID 83843-1703 EACH OCCURRENCE FIRE DAMAGE (Any cne fire) $ COMBINED SINGLE LIMIT s BODILY INJURY s 03/31/1998 03/31/1999 (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY- EA ACCIDENT OTHER THAN AUTO ONLY EACH OCCURRENCE 03/31/1998 03/31/1999 AGGREGATE El EACH ACCIDENT $ EL DISEASE POLICY UMIT EL o·,SEASE • EA EMPLOYEE ay Job, Contract amt. $199,563.37., City of Moscow as may appear. ''Corrected Certificate 6-25-98* 1,000,000 50, 5 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL __lQ_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, i!llQ-)f)(Jl(˞J!Il®(Jl()(i)OO!I(i¥1)(1(˟ˠ)6)(iX/Oit)(l)j)6)(liJXiJiiJIJG