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CONSTRUCTION CONTRACT THIS CONTRACT, dated this 7th day of July, 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 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. CONTRACTOOCUMENTS 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: LIEUALLEN STREET- LI.D. # 124- DIV. I LILLY STREET- LI.D. # 125 - DIV. II 3. Bid/Proposal of the Contractor, dated June 19,1998, 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 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. ARTICLE3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be complete within 60 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 Documents. The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. PAGE 1 - CONSTRUCTION CONTRACT 98-28 ---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 following amounts: Thirty-One Thousand Seven Hundred Sixty Six Dollars and Eighty Cents ($31, 766.80) for Division I; Forty-Three Thousand Two Hundred Fifty-Three Dollars and Fifty Cents ($43,253.50) for Division II. Said Contract Sums 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 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 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: City: City of Moscow Contractor: Quad-Cities Construction, Inc. 21 1 4 1 2th Ave. Lewiston, ID 83501 206 East Third Street P.O. Box 9203 Moscow, ID 83843 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. Secretary U . ' ; PAGE 3- CONSTRUCTION CONTRACT ---PAGE BREAK--- ACKNOWLEDGMENT On this day of \ A ˡ, \ U , 1998, before me, a Notary Public of the State of l Jcc1::,J perso lly appeared anÝ j, \ II A J I , :ǀ v bin their official capacity as president and secretary \ o = I \ 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) My commission expires:f\&):]. st' \C:fl Date PAGE 4 - CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: -1'1-1r' 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 LIEUALLEN STREET- LI.D. #124- DIV. I, and LILLY STREET- L.I.D. 125, DIV. II, 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 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 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. 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. Page 2 ---PAGE BREAK--- 8. 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 18-13 of the Instruction to Bidders. 10. The undersigned holds Idaho State Contractor's License Number /07'1':7- AAA - ; - 2- 3 11. The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements: Trade Idaho Public Subcontractors Specialty Works License No. $Amount c. 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for LIEUALLEN STREET LI.D. #124- DIV. I and LILLY STREET - LI.D. 125- DIV. II, as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: Page 3. ---PAGE BREAK--- CITY OF MOSCOW LIEU ALLEN ST. L.l.D. 124 -DlV.I l.IIaST I I D 125 • PI II Y ADDENDUM No. I ! P.01 JUNE 10, 1998 The following changes. additions. and I or deletions me hereby made a pan- of Mosco\\', Lieuallen Sr. L.I.D. 124 and Lilly St. LJ.D. 125 Project. as fully and completely as if the same were entirely set forth in the Specifications, and Contract Documents_ The corrections. clarifit<.Hions. changes and approvals described herein shiiiJ become an integral pan of any contract entered imo between the Owner and Contractor. BID SCHEDULE • pg. 4 and pg.G Make the following changes 10 the Item Doscription on the Bid Schedule for: ITEM NO.2. Rcmm·tq Com,Tctc Sidewalk Change to: NemoFe ('onaetc! ,\,'idewolk Drive-.,1:ay BlD SCHEDULE - pg. 6 Make l.hc ro!Iowing changes to the Item Number on lhe Bid Schedule for: ITEM NO. 13. Topsoil BaJ'(ˠVS, Receipt of ADDENDUM NO. ONE mnst be acknowledged. This document must be signed and attached to the proposal to acknowledge its receipt. Name Title ---PAGE BREAK--- BID SCHEDULE Lieuallen Street - Division I ITEM ITEM QUANTITY UNIT TOTAL NO. DESCRIPTION & UNIT PRICE PRICE 1. Excavation per cubic yard 550 c.y. $ $ !J.55&.tf'l 2. Remove Concrete Sidewalk per square yard 16 s.y. $ $ 1 '3t.f. Y.o 3. Remove Concrete Curb per linear foot 154 l.f. $ 10 $ 4o 4. Remove Bituminous surface per square yard 81 s.y. $ P. "5 I $ e78q. 0'7 5a. Crushed Rock Base Roadway per square yard 1721 s.y. $ $ 5854.'64 6a. Plant Mix Pavement (surface course) per square yard 1742 s.y. $ d· 9D $ 6'0 'ft. 3) 6b. Plant Mix Pavement (base course) $ s;4o.tfi' per square yard 1721 s.y. $ 4-'7'1 7a. 6" PVC Storm Sewer Pipe per lineal foot 78 l.f. $ fGtJ( Mailing Address Public Works License State of In porat1on 1f Incorporated This ēday of 1998. Page 7 ---PAGE BREAK--- Bond No. 2 90 50 96 GtFAT i\IVERIG\N INSURMICE COMPANY OHIO PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Quad-Cities Construction, Inc. as Principal, and the GREAT AMERICAN INSURANCE CO MPANY, a corporation organized under the laws of the State of Ohio and duly organized to transact business in tbe State of Idaho as Surety, are held and firmly bound unto City of Moscmv as Obligee in the sum of *Seventy Five Thousand Twenty and 30/100* Dollars, 7 5,020. 30 for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 16th day of July 19 98 . WHEREAS the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 7th day of July , 19 98 , for Lieuallen Street - L.I.D. #124 - Div. I Lilly Street - L.I.D. #125 - Div. II NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of the Principals failure to complete the work in accordance with the terms of the contract, then this obligation shall be void; otherwise it shall remain in force. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given by the Obligee to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202. AND PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expiration of the maintenance period, but not afterwards. QUAD-CITIES CONSTRUCTION, INC. ·12 GREAT AMERICAN INSURANCE COMPANY Jo F.9608D- (3/82} ---PAGE BREAK--- llond No. 2 90 50 96 GtfAT ANERICÚ INSURMICE COMPANY CINCINNATI, OHIO PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Quad-Cities Construction, Inc. as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State as Surety, are held and firmly bound unto _ in the sum of ''Seventy Five Thousand Twer1t.Y. and 30/100* _ _ Dollars, (S 75.020.30 for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this l _ day of _,Jfug lc.z... l9 98 WHEREAS the Principal and the Obligee have entered into a written contract hereinafter called the Contract, a copy of which is or may be attached hereto, dated the of 19 98 , for Lieuallen Street - L.I.D. #124 - Div. I Lilly Street - L.I.D. 11125 - Div. II :\OW. Therefore, the condition of the foregoing obligation is such that if the Principal shall make payment to all persons who have contracts directly with the Principal supplying labor and material in the prosecution of the work provided for in said contract, and in all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void: otherwise it shall remain in force. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that. in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office, 580 Walnut Street, Cincinnati, Ohio 45202. Al"D PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expiration of the maintenance period, but not afterwards. QUAD-CIIIES CONSTRUCTION, INC. F,96090 4 {3iB2) L " 5 f GREAT AMERICAN INSURANCE COMPANY ---PAGE BREAK--- Gl£\1" Al\IERIC-\N INSURANCE 580 WALNUT STREET • CINCINNATI. OHIO 45202 • [PHONE REDACTED] • FAX [PHONE REDACTED] !"he number o! persons authorind bĦ this power df attorney is not more than FIVE II 13787 POWER OF A HORNEY KNOW ALL ME'\ BY THESE PRESENTS: That rhe GREAT AMERICAN INSLRA:-.ICF COMPA:\Y, a corporation organved and existing under and by \'irtuc of the laws of the State of Ohio, does hereby nominate. constitute and appoint the rerson or persons named below ·Its true and lawful attorneyħin-fact, for it and in its name, place and stead to execute in behalf of the said Company. as surety. any and all bonds, undertakings and contracts of suretyship, or other writ ten obligations in the nature thereof: provided that the liability oft he said Company on any ;;uch homL undertaking or contract of suretyship executed under this authority sha!! not exceed the limit qated heluw_ Ĩame Address Limit of Power VJALTER HOLF JUTJITY A. PAPP JO ANN ?-HKKELSEN JUDITH C. Sr!ITH JAHES E. HAJESKEY, II ALL OF SPOKANE, HASHINGTON ALL UNLIMITED ! W!T\: ESS W H LREOF the (JREAT AM FR !CAN L\SL RANC'F COM PA has caused t best' pr-c,uu' w he ĩigned and attested hy 1ts arrnopliatc offit'ers and its corporate seal hereunto affixed this 26th day n! August !9 97 STAT! 01 OHIO. ('OlSIY 01- HAMil TO'\ On tim 26th day of August, 1997 before nw persona!!) appcan:d (iARY r. DUNBAR. to me knĪ)wn, hcJ',1)l dulv sworn, depoo.es and :-.ays that he resided in Cincinnati. Ohio, that ht the ol the Bond Division of Great American ! nsurance ( 'nmpany. the Company described in and which executed the a hove instrument: that he knows the sealī that it was so affixed hy authority of his olfice under the ByĬl .aws of said Compm tunc to time. to :!r,ooim one or more A uornc_iiS-ln-Fact to c nr1 hcha!(o{t ( ·om ran_>', if\' suret.v any and howls. ami contracts o(.HJre(Yship. or other written ohlipations in rhe nature to pn>nih(' rhcir duties :md the limits u{thcir autlwrif)i: and to rcHII-.:c any such at an_v time R of VFf) 1- f, R 111 FR: !hat the Ct>mpan_l- _sc:ll and l he SIJ! o( an.> o/ r he atğm'.\/J/il uti ic\'r" and any S'ecrcr an or /\s:-a_,·unr .\cad may he affixed hy t:tcsimi!t: to any pmn:r of au orne) or carifi'catc u{cuho 2!\c'n for the cxcculion o{ any hond, Jnf.!-. mlracl l'r or other written ohh!UJtion in the nalurc the reo( such \IP,n/tr urc ;Jnd _\t'ai when S11 used being hereby ad( hJ th,· ( "ompan_'> as ilk onglnat.x·ipn:uurc u{sut:h of!I'L·cr and the origmal .Ġcat o{lhc Company. to he 1-i!Jid :uiif hrndin_t: urwn !he ('ompan_ġ u-irh t/1l' >anJc lorcc and elfl:cr rhouph m:ynu:JIIJ affi'vcd CERTIFI("ATION L R0\1\LD C H.Y Y J- S. ;\"sistant AHO INDUSTIAL COMMISSION BOX 83720 BOISE lD K3720-0041 ACCOUNT lD ; 861,691..{)(1 \JNII'IF.D BUSINESS JPENTIFIF.R (UBl) ; $26 737 TillS IS TO Cl!RTII'Y THAT; QUAD CONSTRUCTION INC HAS PURt:IIASl!D INOUS'IRIAL INSURANCE COVI'RAGE WITH LABOR AND INDUSTil!S COVl!RING HI SillER BUSINESS IN THE STATE OF WAlliNGTON. W ASIIINC:i'TON EMPLOYEES OF THIS F.MPLOYER CAN CLAIM BENEFITS UNDER TiiF. WASHINGTON INDUS'IRIAL INSURANCE ACI' FOR INJURY AND OCCUPATIONAl. DISEASE THEY EXPERIENCE WHILE WORKING fOR TI·IIS BUSINESS. UNDER OUR RL!CIPROCITY AGREEMENT WITH TliF. STATE OF IDAHO. EXTRATERRITORIAL COVERAGE AI .SO IS EXTENDED TO WASHINGTON GMPI.OYl!RS WHO. IN ADDITION TO THEIR WASHINGTON EMPLOYMENT. MAY Bl! WORKING TEMPORARILY IN YOUR STATE. THE COVl!RAGE WILl. REMAIN IN l!I'I'ECT AS I.ONG AS THE EMPLOYER CONTINUSF. TO BE SUBJECT TO THE WASHINGTON WORKERS'COMPI!NSATION ACT. IT IS UNDERSTOOD THAT SHOULD THE EMPLOYER HIRES OTHER WORKERS INYOUR STATE. THEY MUST BE COVERF.D UNOI!R TilE l.A WS OF YOUR STATE. PLUASR ACKNOWLUDGE SUCH COVERAGE BY SENDING A COPY OF TillS LI:.TIF.R TO TliF. BUSINESS. SINCtiREL Y. k BELVA SHOOK EMPLOYF.RS SEVICES POBOX44167 OLYMPIA WA 9&504-4167 (360) 902-4!111 cc: QUAD CITIES CONSTRUCTION INC 2114 12T11 AVE LEWISTON ID 8JSU I 2