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CONSTRUCTION CONTRACT THIS AGREEMENT, dated this 8th day of September, 1994, by and between the City of Moscow, a Municipal Corporation of the state of Idaho, (hereinafter, "City") and Ace Elliott Landscaping, (hereinafter, "Contractor"): WITNESSETH THAT: WHEREAS, pursuant to the invitation of the City, extended through an official 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 ( 1) through five and the following: 1. Advertisement for Bids; 2. Project Specifications Titled: WHITE AVENUE EXTENSION. 3. Bid/Proposal of the Contractor, dated August 30, 1994, to be physically attached to this Contract; 4. The Engineering Plans; 5. Performance 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 agreement; 7. Addenda issued prior to opening of bids, to be physically attached to 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 Specifications. ARTICLE 2. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents. ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before thirty-five (35) calendar days from the issuance of the Notice to Proceed, unless adjustment of the contract time is made in accordance with the provisions of the Contract Construction Contract Page 1 94-62 ---PAGE BREAK--- Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. 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 two thousand five hundred twenty dollars and sixteen cents ($102,520. 1 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. ARTICLE6. 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 7. HOLD HARMLESS/INDEMNIFICATION 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 the 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. 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/Engineer and the City. Construction Contract Page 2 ---PAGE BREAK--- 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 of Moscow. 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 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 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: Ace Elliott Landscaping P.O. Box 301 Construction Contract Page 3 Pullman, W A 99163 ---PAGE BREAK--- City: City of Moscow 206 E. 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. Contractor: Ck.-ctJiT Ace C. Elliott, Owner Construction Contract Page 4 City: Cc ATTEST: ---PAGE BREAK--- STATE OF ··-z:i"aJft.o County of La. +aģ ) )ss ) rt On this flĹ day of 2Je.pt , 1994, before me a Notary Public, personally appeared Ace C. Elliott, in his official capacity as owner of Ace Elliott Landscaping, known to be .p;.rson described in the above document and acknowledged to me he executed the £ ňʼn.'v ' Ʀ v oe Ǎ 2 . Ǖ· o' Ŋ' \ tŋŌ (Z kÎ - ĸ ƨ : t ƭ < ) - o • - N P bl. . d c: : : • " 1 : otary u IC m an 10r Ĥif.\ Ƨ c_1 i Ň State of_ QtĢ • ƪƫ ' 0 x:::s Ł .ft co• v B Ġ , n. ġ , l Of \Y Í ģ 0 County ) )ss ) On this o day o , 19Ìefore me a Notary Public in and for said State, Q personally appeared Pa1lC Agidius in his official capacity as Mayor of the City of Moscow, known to me to be the person described in the above document and me that he executed the same. . 0 Ǐ . " \ic ,fl- , r E0: . · . - f£ u - -UJ ·Ƭ . 0 - It § 0- - :Ʈ • (4 = • \ ¥ : t: Ńń ; ' .i ) rl l' ǐ Ǒ '"-'0Cf>O , • J , v . n ǎ STATE OFħXalĨb County of d o±Gl\ ) )ss ) Notary Pubĥ in ai"W for State of On this <6 day oÏ{iW\\nA. Iĺ before me a Notary Public in and for said State, appeared Elaine Russell, m her official capacity as Moscow City Clerk, known to me to be the person described in the above document and acknowledged to me that she executed the same. Construction Contract Page 5 lGW9 tary RS a for te of f1NJ ---PAGE BREAK--- ·f·A Gl :CD D Cr:i· y· OF NIOSCOW ELAfğ: RUSíhķr anĶĵĴy Council City of Moscow, Idaho BID PROPOSAL Date: 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 - WHITE AVENUE EXTENSION specified herein and which construction documents are on file with the City Engineer, qty Hall, 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. 1. 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 refened 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. 1 1 ---PAGE BREAK--- X. 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 by the date set forth in paragraph GS-12(A) of the Specifications. 10. The undersigned holds Idaho Number \ O 7lf Af'--1-L . State Contra<.;tor's License 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements: Subcontractors Trade Specialty iS1t RnQ_ fi'N:-,'n0 NaË ,A į; fa,J Uw.ft,Ñy__J:""ol.,\, Address b.--flr-_E 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for - WHITE AVENUE EXTENSION; as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the process in accordance with the completed schedule of contract prices as follows. 12 ---PAGE BREAK--- ITEM NO. ITEM DESCRIPTION BID PROPOSAL EST. EST. QUAN. UNIT UNIT PRICE BASE BID (White Ave. Roadway and Utilities) 1 Clearing Grubbing 2. Excavation and Backfill 3. Plantmix Asphalt 4. 3/4" Base Material 5. 1-1/2" minus Subbase 6. Concrete Curb 7. Concrete Sidewalk 8. Concrete Approach 9. Soft spot Repair 10. 6" Under drain 11. Street Light Poles-- CONTINGENCY 12. Street Light Conduit 13. Trench Excavation - Type Backfill 14. 12" PVC Storm Sewer 15. 8" PVC Storm Sewer 16. 8" PVC Sanitary Sewer 17. 6" PVC Sanitary Sewer 18. Sewer Manholes 19. 6" water Main 20. 6" Gate Valve 21. 10" X 6" Tapping Sleeve 22. Remove and Replace Fence 1 LS 840 CY 338 TONS 498 TONS 675 TONS 640 LF 356 SY 17 SY 200 CY 100 LF 2 EACH 1 LS 655 LF 208 LF 21 LF 348 LF 30 LF 3 EACH 48 LF 1 EACH 1 EACH 380 LF (J()D • 2 ·as-' - •lo < ,z..s z ·'tn- $570.00 \ o15·or I ooo •IF 375·ar- /.2(1 Base Bid Total ADDITIVE ALTERNATES (Low Income Housing Utilities} A-1. 6" water Main Trench Excavation - Type Backfill 6" water main fittinqs A-2. Fire Hydrant Assemble 475 LF I L. ·ľ AGE- HEHT SERVICES AT ( 206) 956-4654 , fOR qLIESTictiS REGARDING YOOR ACca..tr, CALL POLICY H»>AGEHEHT SERVICES AT ( 206 ) 956-4617, See reverse for more information Effective Date 01/01/94 Wn0-1-.B.usiness Identifier (UBI) :r·į İ:6.o · 227 049 Account 10 376,744-00 ĊperJeilce Period . , ' · . ı}.IJt Ĉĉ\ · ·:··:.ij;.Ĵ7ĵ89 Claims costs . THRU 06/92 $Ķ81 (l.47 0ķ0 1 . 9461 .0 ĸĹ4705 1 . 0602 0 . 25065 6 .7973 1 .20745 . 'jl{ . LJ.1/. : . Use This Rate X Hrs Rate X Hrs Wor\:ed Wor\:ed When MaM Be Computing Deducted Your From Your Premiums Employees On The Payroll. Quarterly Report You can CONTROL YOUR INDUSTRIAL INSURANCE COSTS with: F!25-004-000 rate notice 6·93 ACCIDENT PREVENTION and CLAIMS MANAGEMENT ---PAGE BREAK--- (The Attaching Clause need be - - '1lpleted only when this endorsement is 1ssued subsP Knt to preparation of the policy.) LIABILITY GL 20 10 (Ed. 01 73) G 1 15 ISO G l l 5 ADDITIONAL INSURED (Owners or Lessees) L 9451 (1-73) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY I NSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE This endorsement. effective 06/17/94 to 04/25/95 (12:01 A.M., standard time) issued to Ace Elliott Laadscaping by Mutual of EllUIIIClav Insurance Compally It is agreed that: , forms a part of policy No. SKP iu PIC31737 Authorized Representative 1 . The "Persons I nsured" provision is amended to include as a n insured the person or organization named below but only with respect to l iability arising out of operations performed for such insured by or on behalf of the named i nsured. 2 . The applicable limit of the company's liability for the insurance afforded under the Contractual Liability I nsurance Coverage Part forming a part of this policy shall be reduced by any amount paid as damages under this endorse ment in behalf of the person or organization named below. Name of Person or Organization (Additional I nsured) City of Moscow 122 E. 4th St. Moscow, lD 83843