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CONSTRUCTION AGREEMENT MOSCOW CITY-W IDE SIDEW ALK REPLACEMENT PROJECT - 2016 BETW EEN CITY OF MOSCOW , IDAHO AND MCCALL'S CLASSIC CONSTRUCTION, INC. THIS CONSTRUCTION AGREEMENT MOSCOW CITY-WIDE SIDEWALK REPLACEMENT PROJECT - 2016 BETWEEN CITY OF MOSCOW, IDAHO AND MCCALL'S CLASSIC CONSTRUCTION, INC. (hereinafter "Agreement") dated this _z_L_ day of M,axvk , 2016, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"), and McCall's Classic Construction, Inc., 945 Beachview Boulevard, Clarkston, Washington, 99403 (hereinafter "Contractor"); WITNESSETH: WHEREAS, pursuant to the invitation of City through a "Solicitation For Bids", Contractor submitted a proposal containing an offer invited by said notice; and WHEREAS, City has determined that said offer was the lowest responsive bid; and WHEREAS, City has accepted Contractor's bid; NOW THEREFORE, the parties to this Agreement, 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 City and Contractor concerning the work to be performed are this Agreement, pages one through five (1 through 5) and the following: 1. Advertisement for Bids; 2. Project Specifications titled: Moscow City-W ide Sidewalk Replacement Project -2016 City of Moscow Project No. 106-016 3. Bid/Proposal of Contractor, dated March 4, 2016, physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. No Addendum issued prior to opening of bids; 7. Change Orders which may be delivered or issued after the effective date of this Agreement. There are no Contract Documents other than those listed in Article 1. This Agreement may only be amended by change order as provided in the General Conditions. Moscow CITY-WIDE SIDEWALK REPLACEMENT PROJECT - 2016 CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE] OF 10 ---PAGE BREAK--- ARTICLE2. W ORK Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City project (hereinafter "Project") titled: "Moscow City-W ide Sidewalk Replacement Project -2016" ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall start no earlier than April 4, 2016 and be substantially complete by October 14, 2016. Work commenced at any particular site shall be completed within fourteen (14) calendar days, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. ARTICLE 4. CONTRACT SUM City shall pay Contractor for completion of the work in accordance with the Contract Documents in the amounts listed as the Unit Prices in the attached Contractor's Proposal. Said Contract Sum shall be paid in accordance with the terms of the Contract Documents. Sidewalk construction costs based on the Unit Prices in the attached Contractor's Proposal will be paid to the City by the adjacent property owners prior to commencement of the work at each site. Contractor payments for all work will be made by the City, based on quantities of work completed and accepted. The work under this Agreement is expected to consist of approximately forty percent (40%) public sidewalk and sixty percent (60%) ADA compliant pedestrian ramps. The minimum value of work expected to be completed under this Project is Thirty Thousand Dollars ($30,000). The value of the work under this Project may be increased up to a total of Ninety Thousand Dollars ($90,000), depending on the level of voluntary property owner participation in the Sidewalk Replacement Program. ARTICLE 5. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between Contractor and City by the terms of this Agreement. It is understood by the parties hereto that Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. Moscow CITY-WIDE SJDEW ALK REPLACEMENT PROJECT - 2016 CITY AND McCALL'S CLASSIC CONSTRUCTJON PAGE 2 OF 10 ---PAGE BREAK--- ARTICLE6. SCOPE OF SERVICES 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 City by the Contract Documents, Contractor shall indemnify and save harmless the City, its officers, employees, and engineers, 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 Contractor or its 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 Contractor or its 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 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. Contractor further covenants that, in performing this Agreement, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this Agreement, Contractor shall immediately disclose such conflict to the Project Engineer/Engineer and City. ARTICLE9. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY This Agreement and the exhibits hereto (if any) 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 Agreement may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. 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 City. ARTICLE 10. 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 Contractor shall be deemed material and shall subject Contractor to termination of this Agreement for cause. No Moscow CITY- WIDE SIDEWALK REPLACEMENT PROJECT - 2016 CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE 3 OF 10 ---PAGE BREAK--- pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement. Contractor and its surety shall indemnify and save harmless City and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by Contractor, Contractor's employees, or its subcontractors. ARTICLE 11. 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. ARTICLE 12. JURISDICTION AND VENUE It is agreed that 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 13. SPECIAL W ARRANTY Contractor 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 Agreement. Any such activity by Contractor shall make this Agreement null and void. ARTICLE 14. COMMUNICATIONS Such communications as are required by this Agreement shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: McCall's Classic Construction, Inc. 945 Beachview Boulevard Clarkston, Washington 99403 Moscow CITY-WIDE SIDEWALK REPLACEMENT PROJECT - 2016 CITY AND McCALL'S CLASSIC CONSTRUCTION City: City Engineer City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 PAGE40F 10 ---PAGE BREAK--- ARTICLE 15. EXECUTION IN WITNESS WHEREOF, said Contractor and City have caused this Agreement to be executed on the day and year first above written. Contractor: McCall's Classic Construction, Inc. City: City of Moscow, Idaho . By: I erk State of \1ju.Q\AJ. County of .As" Approved As To Form: (j_Qf; Ro&rick Hall, City Attorney ACKNOW LEDGMENT ) ) :ss ) On this ;'°tay of '-t"Y\o.....rc.kJ , 2016, before me, the undersigned, a Notary in and for said State, personally appeared ..:rcAri n£ yY)C:.C.C...,l I , known to me to be the person whose name is subscribed tot lg Agreement and acknowledged to me that hcisill; executed the same in his/her capacity as for McCall's Classic Construction. Qll ll 111111111111111111111IIIIII111111111111110 • tu . Notar PubJi Notary Public res1dmg at. È g State (t "-?88 8@""-''1A·,Li·,c.ftns xSAmount 13 The undersigned has included with the bid the following forms and information: a. Bid .Proposal b. Work Experience ·See IB· 7 14. TI1e undersigned proposes 10 fumish labor, m.nterials, equipment and scr\lices ofnll kinds requited for MOSCOW CtrY-WlDE SlbEW AlJ< REPLACEMENT PROJECT- 2016 os described in the i>pccifica1ions, including nll oppunenant work, all as required by 1he specification and !his proposal for the prices in 11ccordam:e with the ccheduJo oontr11ct prices M follows: Page 3 Moscow CITY-WIDE SJDEW ALK REPLACEMENT PROJECT - 2016 CITY AND McCALL'S CLASSJC CONSTRUCTJON PAGE 70F 10 ---PAGE BREAK--- BIO SCHEDULE MOSCOW-CITY WIDE SIDEWALK REPLACEMENT PROJECT- 2016 Item Item Description Quantity & Unit Price Total Price No. Unit 1. Mobilization 1 LS s 0 0 2. Excavation 10 CY $ . $ 3a. Remove and Dispose of Concrete Sioewalk 150 SY $ $ ٻ000 3b. Remove and Dispose of Concrete Type A Curll 160 LF · - s 10 3c. Remove and Dispose of Concrete Curb and Gutter 40 LF $ ·U>o 3d. Remove and Dispose of Concrete Vehicular Approach 12 SY $ $ 30. Remove and Dispose of Concrete Pedestrian Ramp 70 SY $ '.2-4 4a. Construct Reinforced Concrete Sidewalk 20SY $ $ 4b. Construct Standard Concrete Sidewalk 200 SY $ 0·151' $ btcto Sa. Construct Concrete Type A Curb 200 LF $ 0 $ ile.IOC> Sb. Construct Concrete Curb and <;;utter 40 LF $ $ 00 5c. Construct Concrete Pedestrian Curb 80 LF $ 1 $ Iپ- 6. Construct Reinforced Concrete Vehicular Approach 12 SY $ 5-f $ 1d8 7. Construct Concrete P6destrian Ramp 90 SY .L.W _Ci 8. Truncated Domes 72 SF $ 5 s 9. Domes - Retrofit 10SF $ 2f.2 s 10. Imported Top Soil 10CY lo·ټc $ 4V-' 11. Construct Segmental Block Retaining Wall 20 SFF :lb Ob 12. Steel Reinforcing Bar 1/2" 100 LI" $ .ٺ \'50 Base Bid Total $ :2.'-L4l\S · 00 The quantities shown in this proposal are approximations only and are for the purpose of comparing bids. Final quantities are dependent on citizen participation in the Sidewalk Program and may vary greatly from those indicated above. Page 4 Moscow CITY-WIDE SIDEWALK REPLACEMENT PROJECT - 2016 CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE 8 OF 10 ---PAGE BREAK--- SEAL (ifincorporaled) Dated at _ This day of , 2016 Moscow CITY-WIDE SJDEW ALK REPLACEMENT PROJECT - 2016 CITY AND McCALL'S CLASSIC CONSTRUCTION Page 5 Official Title '14'5 É+hbÆ Bidders Mailing Address Public Works License No. PAGE 9 OF 10 ---PAGE BREAK--- Quٹlificarions for McCall's CJn⁖•it:> onٸS\i"'o"""--- 2009 Bus Shelter Proj"OT 201 O A!UtA Sidewalk PrQject 2010 SR2S Sidewall< Pl'Oj⁒ 201 l Bl.ls Shelter Project :ZO 11 Blaine Street kecjo.j. ',(Cl J l'ruic IS fut rfio )·ollvmv. Clues I.ewit;con Clarlutton Aaotin Po1r>eroy Koo⁓kia AJl projects have ⁏n Completed within the last S YeMS, Moscow CITY-WIDE SIDEWALK REPLACEMENT PROJECT - 2016 CITY AND McCALL'S CLASSIC CONSTRUCTION PAGE IOOF 10 ---PAGE BREAK--- Bond No. 1 064 70346 Document A3121M -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name. legal s1a111s Md address) McCall's Classic Construction, Inc. 945 Beachview Blvd Clarkston, WA 99403 OWNER: (Name, legal srams and addl'ess) City of Moscow PO Box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: April 1 , 201 6 Amount: S 30,000.00 Description: (Name and location) SURETY: (Name, legal status and pl'fnc/pa/ place of bus/ne.vs) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 Address for Notices One Tower Square Hartford, CT 061 83 Thirty T housand Dollars and 00/1 00 Moscow City-Wide Sidewalk Replacement Project-201 6 BONO Dute: April 1, 201 6 (Not earl/er Contract Date) Amount: S 30,000.00 Thirty T housand Dollars and 00/1 00 Modifications to this Bond: None O Sec 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: This document has lrnportanl legal consequences. Consu/latlon with an attorney Is encouraged with respect to H5 completion or modification. AV singular reference lo Contractor, Surely, Owner or other party shaU be considered plural where applicable. (Corporate Seal) McCall's Classic Construction, Inc. Travelers Casualty and Surety Company of America and Title: 9V Signat11re: f ,j{Ai. Name Shanalee E. Steele and Tille: Attorney-in-Fact (Any additional signat111·es appear on the la.st page of this Pciformance Bo11d) (FOR INFORMATION ONLY -Name, address and tc/eplrone) AGENT or BROKER: PayneWest Insurance, Inc. 501 N. Riverpoint Blvd . , Suite 403 Spokane, WA 99202 [PHONE REDACTED] ٶ1852/AS 8110 OWNER'S REPRESENTATIVE: Engineer or other pal'ty:) ---PAGE BREAK--- § 1 The Contractor and Surety, joimly and severally, bind themselves. their heirs, executors, odministr.itors, successors and assigns to the Owner for the perfonn11m:e of the Construction Contract, which is incorporaled herein by rcforcnce. § 2 IC the Contractor perfonns the Construction Contract, the Surety and lhe Contractor shall have no obligation under this Bond, except when lo portlcipale In o conference as proY!ded in Section 3. § 3 Ir there Is no Owner Default under lhe Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notlte te> the Contractor and the Surety· that the Owner Is considering declm•lng a Contractor Defoult. Such notice shull lndiCBte whether the Owner is requesting a conference among tile Q\\11er, Contractor and Surety le> discuss tho Contractor's pcrfannR!lcc. If the Owner docs not request a conference, the Surety may, within five business days after receipt of the Owner's notloo, request such a conference. If the Sutcty timely .requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, ony conference requested under this Section 3.1 shall be held within ten (10) business days oflhe Surety's receipt of the Owner's notice. If the Owner, tho Contractor and the Surely ogm, the shall be 111lowcd Q reoson11ble lime to perform the Construction Contract, but S1Wh on agreement shall not waive the Owner's right, iftmy, to di:clure a Contractor Default; .2 the Owner declares a Contractor Default, tciminatGS the Construction Contract and notifi⁎ lhe Surety; al\d .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the te1ms orlhe Construction to the Surety or to o selected to perfonn the Construction Controct. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to tho Surety's obligntions, or release the Surety from its obligatloos, except to tho extent the Surety demonstrates actual prejudice. § 5 When lhc Owner has satisfied the conditions of Section 3, the Surety shall and at the Surety's expense take one of the following actions: § 5.1 Arr11nge for the Contractor, with the consent or the Owner, to perform and complete lhe Construetion Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through Its agents or Independent contractors; § 6,3 ObIAT/ON ONLY -Name, address and telephone) AGENT or BROK.ER: PayneWest Insurance, Inc. 501 N. Riverpoint Blvd., Suite 403 Spokane, WA 99202 [PHONE REDACTED] S-2149/AS 8/10 OWNER'S REPRESENTATIVE: (Al'chitect, Engineer 01· other ---PAGE BREAK--- § 1 lhc and and severally, hind themselves, their heirs, exeoutors, udminisltalors, successors and assigns lo chcOwncr Lo pny for labor, materials nnd equipment furnishetl for use in the ⁆rfonnonce of the Cons!rucllon Controct. which is foco1')>oratcd herein by reference, subject to the following temis. § 2 If the Contractor mak.ei; payment of all sums due to ClalmanlS, and defends, indemnifies and holds h11nnless the Owner from claims, demands, tie11S or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of lhc Construction Conlrucl, then the Surety and lhc Contractor sh111l have no obligation under this Bond. § 3 rr I.here Is no Owner Default under the Construction Conlract, the Surety's obligation to the Owner 1mdcr this Bond shall arise after the Owner has notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's propc1ty by any person 01· entity seeking payment fur labor, materials or equipment fumlshed for use In the perfonnance of the Construction Contract and defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions In Section 3, the Surety shall 11nd at lhe Surety's expense defend. Indemnify and hold the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obliatioos to a Claimant under this Bond shaU arise after the following: § 5.1 Claimants, who do not have a direct oontract with the Contractor, .1 have furnished a \\Titten notice ofnon-pnyment to the Cc1n1ructor, stilting with subsinntl11l nccun1cy the amount claimed and the name of the party It> whom the materials were, or wns, fu1uishcd or supPlied or for whom the labor was done or perfooneJ, within ninety (90) days after ha\'ing lost performed labor or lost m11tcrinls or equipment included in the Claim: 1111J .2 have sent a Claim to the Surety (nt the address described in Section 13). § 5.2 Claimanlll, who arc employed by or have a direct contract with the Contracto1"t have: sent a Claim to the Sul'llty (at the addres.⁅ described in Seclion L3). § 6 If a notice of non·payruent requlred by Section S.l.1 is given by the Owner to the Contractor, that is sufficient lo satisfy a Cluimunl's obligution to furnish a written notice of non-payment under Section .5.1.1. § 7 When a Claima.nthas satisfied lhe conditions of Sections 5.1 or 5.2, whichever is applicable, lhe Surety shall ond ul the Surely's expense take the following actions: § 7.1 Send nn an11wer to the Claimant, with a copy to the Owner, within sixty (60) uil:er receipt of the Clnini, stallng the umounts that nre undisputed and the basis for clwl!enging any umounts thut are disputed; and § 7 .2 Pay or arrange for payment of a11y undisputed amounts. § 7.3 The Surety's failure 1odisch11rge its obligations under Section 7.1 or Section 7.2 not be deemed to constitute 11 waiver of defense' the Surety or Contractor may have or acquire ns tt> a Claim, ti:tcept as to undisp111ed amounts for which l!K: Surety and Claimant hove reached agreement. If, however, the Surety foils to discharge its obligotiorui under Section 7.1 or Section 7.2, the Surety shall indemnify t11c Claimant for the roosonablc uttornets fees the ClnimMt incurs thereafter to recover any sums found to be due and owing to the Claimwtt. § U The Surety's total obllgatkm shall not exceed the amount (Ir this 'Bond. plus the am<>unl ofreusonuble 11ttomey's fees provided under Section 7.3, 311d the amount or this BoDd shall be credited for any pa)·m1mts m11de in good faith by &he Surely, § 9 Amounts 0\..00 by the Owner to the Conlructor under lho Const.ruction Contract shall be used for the pcrfonnancc oftl1e Construction Contract and to sutisfy claims, if 1my. under any performance bond. By the Cootror furnishing aud the Owner accepting this Bond, they agree th111 a!l funds cfll1lc:d by the Contn1ctor in tlll: pcrfonnonce of the Construc:tion Contract arc dedicated to satisfy obligations of the Contractor and under this Bond, subject to the Owner's priority to use the funds for &he completion oflhe work . . S-2149/AS 8110 ---PAGE BREAK--- § 10 The Surely shall not be liable to the Owner, Claimants or others for of the Contractor that arc unrelated to the Contract. The Owner shall not bo lfablc for the payment of any costs or expenses of any Claimant under this Bond, and shall have under Ibis Bond no obligation to make payments lo, or give noCice on behalf of, Claimants or otherwise have any obligations to Clalmonts this Bond. § 1 1 The Surety hereby waives notice of any change, including cbanges of time, lo the Construction Contract or to related subconttaots, purchase orders other obligations. § 12 No suit or aC{ioo shall bo commenced by o Claimant this Bond other than in a court of In the state in which lhe project thnl Is Uta subject of the Conslruclion Contract Is located or ofter the expirotlon or on.a year from the date on which the Claimant sent a Claim to the Surely pursuruil to Section S.1.2 or S.2, or on which the last labor or servke Wl!S performed by onyone or lho last materials or (!quipment wero furnished by pnyone under the Construction Contracr, whichever of(l) or first occurs. If the provisions of this Paragraph arc void or by Jaw, the minimum period oflimilallon avahable lo sureties as n defense In the jurisdiction of tho suit shall bo applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address sh.own on thC! page on which thelr signature appears. Actual receipt or notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 W.hen this Bond has been fum"l locomply with a statutory or olhcr legal requirement ln the locallon where the construction was to be perfonned, 1111y provision in this Bond conflicting with said st&tulory or legal requirement shall be deemed deleted hereftorn and provlslons confonning to such statutory or other legal requirement shll l be deemed incorporated herein. When so furnished, tho intent Is !hat this Bond shall be cc>nstrucd as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be Q polenllal of !his Bond, the Contractor and Owner shall fumlsh a copy Bond or shall permit n copy lo be § 1 El Definitions § 16.1 Clalm. A written statement by the Cl11linnnt including at a minimwn: .1 the name oflhe Claimant; .2 the name of the person for whom '1\e labor was done. or materials or equipment fumished: .3 a copy of tho agreement or purchase order pursuanrto which labor, matedals or equipment was furnished for use in the pcrfonnance of the Construction Conti·act; .4 a brief of the labor, malerials or equipment furnished; .6 the date on which the Claimant last performed labor or last fumished materials or equipment for use in the perfomumce oftbe ConstrucHon Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as oflhe date ofthe Claim; .7 the total umount of previous payments received by Ute Claimant; and ,8 the total amount due and unpaid lo the Claimant foe lobor, mUerfols or equipment furnished as of the date of the Claim. § 16.2 Clalmant. An individual or entity having a direct con1r11cl with the Contractor or with a subcontractor of the Controotor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The tcnn Claimant also Includes any or that has rightfully asserted a claim under nn lien or similar statute against the l'eal property upon which the Project Is located. The intent of this Doud shall be to Include without limitelion In tho terms "labor, materials or equipment'' that pru1 of water, gos, power, light. heat, oil, sosoline, telephone service or rental equipment used in the Conslructl.on Contract, and engineering services required for ofthe work oflhe Contractor and the Contractor's subconlractocs, and all other items for which a lien may be asserted in tho jurisdiction whCIC the labor, materials or equipment were furnished. § 16.3 Construction Contract The agree1nent between the Om1er ond Contractor iden1ified on !hi; cover page, including all Contract Documents 1111d all changes made to the ngreement nnd the Documenls. S.2149fAS 8/10 ---PAGE BREAK--- § 16.4 Owner Default. Failure of the Owner, which has not been remedied or Wllived, lo poy the Contractor 11s required under the Construction Contract or to perform and coruplelo or comply with lhe other materia.l tenns of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Ownet• and Contractor. § 17 If this Bond ls Issued for an between a Contractor and subcontract.or, the tenn Contractor in this Dond shall be deemed to be Subcontractor mid the term Owner shall bo deemed to be ContraclDI'. § 18 Modifications to thi9 bond nre 11:1 follows: (Sp