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CONSTRUCTION CONTRACT N. MAIN ST. SIDEWALK MORTON ST. TO MBS - 2011 THIS CONTRACT, dated this 26th day o f June, 2012, by and between the City o f Mo scow, Idaho , a municipal corporation of the State of Idaho (hereinafter, "City") and McCall's Clas sic Construction (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 and the following: I. Solicitation for Quotes; 2. Project Specifications titled: N. Main St. Sidewalk Morton St. toMBS - 2011 City o f Moscow Project No . 110-011 3. Bid/Proposal of the Contractor, dated June 19, 2012 , physically attached to this Contract; 4. The Engineering Plans; 5. No Addend um issued prior to opening of quotes; 6. 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, indkated and required under the Contract Documents for City of Moscow project titled: N. MAIN ST. SIDEWALK MORTON ST. TO MBS- 2011 ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before August 1 0, 2012. The work shall be completed on or before Fourteen (14) Calendar Day s from the issuance 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 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 Five Thousand Six H undred Thirty Eight Dollars and Zero Cents ($45,638 .00) for Base Bid and No Alternates. 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. SCOPE OF SERVICES The Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this project. ARTICLE?. HOLD HARMLESS/INDEMNIFJCA TION 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 through use of unacceptable materials in constructing 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 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/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 ofMoscow. ---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 the Contractor will in any way serve to modifY the provisions of this requirement. The Contractor and his surety shall indenmifY 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 of 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 Beach vie w Blvd. Clarkston, W A 99403 City: City of Moscow 206 E. 3rd Street P.O. Box 9203 Moscow, Idaho 83843 ---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 On this d ( day of , 20 12. , personally appeared Randall F. McCall and JoAnn K McCall known to me to be the President and Secretary of McCall's Classic Construction described in the above document and acknowledged to me they executed the same. gtiiiiUIIIIUUIHIIIIIIIIIIIIIIIIIIIRIIUIIQ 5 Notary Public 5 i State of Washinpoa S CINOft)MILOT i S MY COMMISSION EXPIRES § = Apri120, 2018 .i E . QIII;I Notary Public residing at: My commission expires: /1 d F C}O f 0 Date ---PAGE BREAK--- MCCACLA-01 CASHBY CERTIFICATE OF LIABILITY INSURANCE DATE (IIIMIDPIYYY) 6/27/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER11FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CER11FICATE OF INSURANCE DOES NOT CONS11TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S},AUTHORIZED REPRESENTA11VE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). i PRODUCER 1stonebraker McQuary ,616 5th St. iPO Box9 iCiarkston, WA 99403 ! INSURED McCalls Classic Construction 945 Beachview Blvd. Clarkston, WA 99403 COVERAGES CERTIFICATE NUMBER: • FAX N o) : (509) 758-5311 INSURER(S) AFFORDING COVERAGE NAIC# :INSURER A: Berkley NorthPacific i INSURERB: : INSURERC: l INSURERD: ; INSURER E : INS\JRERF: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDmON 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. I I IL I. TYPE oF INsuRANcE IADDLISoBR, oiNSR !wvo i POLICY NUMBER I GENERAL LIABILITY I I A txl-:::•.:M:;EI'"CI!l-L (,ENER.AL U".Eil.IT"i X (CWP2960B92 j I I •:L4tMS.IIJ\[>E JXl•)((L)P i l , I I u I I I I : ! i •:ęEtJi... 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