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CONSTRUCTION CONTRACT STREET PATCH AND OVERLAY- DIVISION II THIS CONTRACT, dated this 4th day of June, 2002 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and Ace Elliott Landscaping, (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 four and the following: 1. Advertisement for Bids; 2. Project Specifications titled: STREET PATCH AND OVERLAY- 2002; 3. Bid/Proposal of the Contractor, dated May 22, 2002. physicaily attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addenda issued prior to opening of bids (n/a this contract); 7. Change Orders which may be delivered or issued after !he effective dale 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, indicated and required for Division II only under the Contract Documents for City of Moscow project titled: STREET PATCH AND OVERLAY- 2002 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before Twenty (20) 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 2002-28 ---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 amount of Sixty-Eight Thousand Eight Hundred Fifty-Nina Dollars and Twenty-Five Cents ($68,859.25). 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 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 thai 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. Box3&1 Pullman, WA 99163 City: City of Moscow P.O. Box 9203 Moscow, ID 83843 PAGE 3- CONSTRUCTION CONTRACT ---PAGE BREAK--- ARTICLE 14. EXECUTION IN WITNESS WHEREOF, said Contractor and the City have caused this Colllract to be executed on the day and year first above written. Cktor: Ace Elliott Landsceping j C· [#7/t b}!oc Owner I ACKNOWLEDGMENT State of 1 J w4vtj1l:x County of /t -::6Y ) ) ) ss ) On !his ' y-tt._ j' day of ï,t.' 4uc;;•f"'' 2002, before me, a Notary Public of the Slate of 1/ Jca.ufc" , personally appeared Ace C. Elliott, in his official capacity as owner of Ace Elliott Landscaping known to me to be the person described in the above document and acknowledged to me he executed the same. Notary Public residing at: A ' u:t£-;;:r?Aftz(/ My commission expires: Dat6 PAGE 4- CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL 2 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 STREET PATCH AND OVERLAY- 2002, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East Second Street, 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 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. 10. !L The undersigned agrees to complete at! work embraced in the contract within the time limitations set forth in paragraph IB-1 3 of the Instruction to Bidders. The undersigned holds Idaho State Contractor's License Number /o 871'-lt/r-/-2 • The undersigned proposes to use the following sub-contractors in the performance of meeting the contract requirements. Information herein must comply with Idaho Code Section 67-2310 and ffi-16: Subcontractors Trade Specialty Idaho Public Works License No. $ Ainount 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for STREET PATCH & OVERLAY- 2002 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: 2 ---PAGE BREAK--- DIVISION I- BID SCHEDULE Item Quantity Unit Total No. Description & Unit Price Price 1 . Patching, Hand Laid 50 Sq. Yds. $ $ Per S.Y. 2. Patching, Machine Laid 50 Sq. Yds. $ $ Per S.Y. 3. Soft Spot Repair 1 00 Sq. Yds. $ $ Per S.Y. 4. Adjust Manholes 6 Each $ Per Ea. 5. Adjust Gate Valve Boxes & Monuments 2 Each $ $ Per Ea. 6. Plant Mix Pavement Prelevel 703 Tons $ $ Per Ton 7. Plant Mix Pavement Overlay 1 055 Tons $ $ Per Ton 8. Aggregate Base, Furnished & Installed 50 Tons $ $ Per Ton 9. Grinding a. Curb to Curb, Straight 12,500 Sq. Yds. $ Per S.Y. b. Side Street Intersections 785 Sq. Yds. $ $ Per S.Y. lf\f67 { I J \ \ of!j ' ¢ Vlt \ TOTAL BID, DIVISIO5 h 1 $ 3 ---PAGE BREAK--- DIVISION II- BID SCHEDULE Item Quantity Unit Total No. Description & Unit Price Price I. Curb Replacement, $30\.fo Standard, W/0 Driveway 2,024 Feet Per Ft. 2. Curb Replacement, $ 3-z..,zs 7/LJ.Zs At Driveways 221 Feet $ Per Ft. TOTAL BID, DIVTSION II 6; zs:_ Ftrm Name of Btdder ' - v f _1 c /jl -ë f y n fruì/1 \l \ Ŭ V' if Signature of Bidder SEAL (Iflncorporated) Bidders Mailing Address , l Bl4_.}-f\ I ŭ Ill I j ū !f·íiîL V i ' 'i i I Public Works License No. State oflncorporation, ifincorporated 4 ---PAGE BREAK--- BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. KNOW ALL MEN BY THESE PRESENTS, That we, ACE ELLIOTT DBA: ACE ELLIOTT LANDSCAPING as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto THE CITY OF MOSCOW, IDAHO as Obligee, hereinafter called the Obligee, in the sum of 5% OF BID Dollars($ ) , for the payment of which sum well and truly to be made, 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 2002 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 21 S 1iay of MAY, 2002 ' (Witness) e\:fn1A m. (VVitness) ACE c. ELLIOTT, OWNER Printed in cooperation with the American Institute of Architects (AlA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AlA Document A31 0, February 1970 edition. S-1 &69-G (07-97) (Trtle) ---PAGE BREAK--- FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KJ\OW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COl\1PANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COl\1PANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Lcs W. Ruhs, Michael S. Rydbom, Sharon A. McCoy, Thomas Lees, Diane L. Dunford, Patrick E. Jeffries, Robert G. Shrope, Shirley J. Loss, of Pullman, Washington, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: V01ED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurert any Assistant Treasurer, the Corporate Secretary or a.ay Assistant Secretruy may appoint AttorneysMin-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal v.it.Ë the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, a.1d any of said officers or the Board of Directors at any time may remove a.11y such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, a.11y Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided L"1at each such delegation is in \\-Titing a11d a copy thereof is filed in the office of the Secretary. VOTED: ·mat any bond, recognizance, contract of indemnity, or v.-Titing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when signed by the President, any Vice Chainnan, a.1y Executive Vice President, any Senior Vice President or any Vice President, a.'1y Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed \\ith the Company's seal by a Secretary or Assistant Secretary, or duly executed (under seal, if required) by one or more AttorneysMin-Fact and Agents pursuant to the po\.ver prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a v.rltten delegation of authority. This Power of Attorney and Certificate of Authority is signed and scaled by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY C0l\1PA..'IY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY C0l\1PA..'IY, which Resolution is now in full force and effect: VOTED: That the signature of each of the follo\ving officers; President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of Ll-}e Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assista.Ttt Secretaries or Attorneys-inMFact for purposes only of executing and attesting bonds a..11d undertakings and other writings obligatory in the nature thereof. and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (Jt.{)O Standard) ---PAGE BREAK--- PERFORMANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS: that ACE ELLIOTT LANDSCAPING Bond No. 103674643 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duty organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto CITY OF MOSCOW, IDAHO (Here insert full name and address or legal title of OWner) as Obligee, hereafter called OWner, in the amount of SIXTY EIGHT THOUSAND EIGHT HUNDRED FIFTY NINE AND 25/100 Dollars($ 68, 859.25 for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. WHEREAS, Contractor has by written agreement dated JUNE 4TH 2002 , entered into a contract with Owner for STREET PATCH AND OVERLAY - DIVISION II in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract Is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the OWner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may remedy the default, or shall 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this 4TH day of JUNE .2002 (Witness) a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price•, as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, Jess the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. o/J/VL / 1 (Seal) ACE C. ELLIOTT, OWNER (Trtle) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness] 3/}4' JS tJA tua " I GĶ/)ION BOISE, 10 Rtroro'lru:ED M- t. VlBG' INáeI,QOâQS\QN à10 Page 1 ofl rj oZ.· {Jd