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CONSTRUCTION CONTRACT Street Patch and Overlay • 2001 THIS CONTRACT, dated this 17"' day of July, 2007 by and between the City of Mo!&Cow, idaho, a municipal corporation of the State of idaho (hereinafter 'City') and Poe Asphalt Paving, Inc. (hereinafter 'Contractor'): WITNESSETH: WHEREAS, pursuant to the invitation of the City, extended through an officially published "Advertisement for Bids", the Contractor did, in acocrdance 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 submitied: NOW THEREFORE, the parties to this Contract, in consideration of !he mutual covenants and stipulations set out, agree as follows: ARTICLE 1. CONTRACT DOCUMENTS The Contract Documenta which comprise the entire agreement between the City aM 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· 2007 3. Bid/Propcsa! of the Contractor, dated July 10, 2007, physically attached to this Contract; 4. Performance and Payment Bonds and Insurance Certificates, physically attached to !his contract; 5. 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 crder as provided in the General Conditions. ARTIClE:!. WORK The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City of Moscow project titled: STREET PATCH AND OVERLAY· 2001 ARTIClE 3. CONTRACT TIME I SUBSTANTIAl COMPlETION The worl< to be performed pursuant to this Contract shall be substantially complete on or before August 31, 2007 unless adjustment of the contract time is made in acocrdance 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 2007-20 ---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 Two Hundred Two Thousand One Hundred Thirty Three Dollars and Seventy-Five Cents ($2112, 133.75}. 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 !hat 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. ARTICLES. 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 specifioetioos for this project ARTIClE7. HOLD HARMlESS I INOEMNIFICATOI\l 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 ali 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 misocnducl 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 cr recovered under the Workmen's Compensation Act or eny 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, Contrec!or shall immediately disclose such conflict to the Project Engineer I Engineer and the City. ARTICLE!!. ENTIRE AGREEMENT, MODIFiCATION AND ASSIGNABILITY This Contract and the exhibits hereto contain the entire agreement between the parties, and no ststements, 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 written consent and express authorization of !he 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 part1 is entitled to recover reasonable attomey'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 nave 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 !he following address: Contractor: Poe Asphalt Paving, Inc. P.O. Box784 Pullman, WA 99163 City: City of Moscow P.O. Box 9203 Moscow, 10 83843 PAGE 3 ·CONSTRUCTION CONTRACT ---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. Contractor: Poe Íhalt Paving, Inc. Mark$ · ereS)dent /.L:I A I r 1 Br5+h,J'ice Prefident ) ! ACKNOWLEDGMENT State of ) ss ) " "Jj ֹ \ On this c£-V: day ol -YLz.0e1. , 2007 , personally appeared Mark Poe and Brad known to me to be the President and Vice President of Poe Asphalt Paving, Inc. described in the above document and acknowledged to me they executed the same. t:!Qtarv, wuplic residing at , Ù:1 _ fl{_(n PAGE 4 ·CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: July 10, 2Q.Q7 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 - 2007, 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 tenus 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 l 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, ldaho 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--- SCEEJØLE Item Quantity Unit Total No. Description & Unit Price Price l. Patching, Hand Laid 440 Sq. Yds. 2. Patching, Machine Laid 791 Sq. Yds. " Soft Spot Repair 200 Sq. Yds. 4. Adjust Manholes 4 Each 5. Adjust Gate Valve Boxes & Monuments 2 Each 6. Plant Mix Pavement Prelevel 287 Tons 7. Plant Mix Pavement Overlay (2.0"!1 503 Tons 8. Aggregate Base. Furnished & Installed 100 Tons 9. Alley Paving 2,526 Sq.Yds. $ 2 5 - Per S.Y. - · Per S.Y. s. 62. _ Per S.Y. $310.00 Per Ea. $:2_40.QO_. Per Ea. $ $ s Per Ton 12&0k Per Ton 18.00 Per Ton 30,1'i._ Per S.Y. 21 670.00 $j_:16,300. 75 s 400. OQ $ .....L1.40.QO $ 480.00 $ $ $ $ 25,112.50 ._39....219 • 00 _1 l800 m.O.Q • 2.0 TOTAL BID $ 202 133.7 5 Poe . 1\m>.halt. Paving, Inc. Firm Name of Bidder · f Official Title SEAL (If incorporated) _PO Box 784, Pu!lma'l, WA _ 99_1_6_ 3 Bidders Mailing Address 124.2.6-AM-::1.._< · - Public Works License No. WASlJINGT()N · State of Incorporation, if Incorporated Dated at Pu!Jmal!l, WA This .lOt:ll. day of July , 2007. 3 ---PAGE BREAK--- 8. The undersigned, as a bidder, acknowledges that Addenda Number 0 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 within the time limitations set forth in paragraph IB-13 of the Instruction to Bidders. l 0. The undersigned holds Idaho State Contractor's License Number 12496-AAA-2 I I. 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 IB-16: Subcontractors a. NONE c. Trade Specialtv Idaho Public Works License No. $Amount 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for STREET PATCH & OVERLAY - 2007 as described in the specifications, including all appurtenant work, all as required by the specifications and this proposal for the prices in accordance with the completed schedule contract prices as follows: 2 ---PAGE BREAK--- BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOWN ALL BY THESE PRESENTS, That we, Poe Asphalt Paving, Inc. as Principal, and Travelers Casualty and Surety Company of America, as Surety, are held and firmly bound unto the City of Moscow , as Obligee, in the sum of 5% of Bid Amount Dollars($ 5% of Bid Amount ) for the payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided, herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract for City of Moscow Street Patch & Overlay 2007 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts P rincipal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. , Signed this _st_h_ day of , _ '20 .Q2_ Poe Asphalt Paving, Inc. (Principal) By: ,d Travelers Casualty and Surety Company of America el:.: . ' Attorney-in-Fact ---PAGE BREAK--- WARN!tJ0 TH!S POWER OF ATTORNEY IS INVAliD WiTHOUT THE TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty lnsuranct· t"nder\\rilt'rs, Jnc, Seaboard Surety Company St. Paul Fire and :Vlarinc Insuraun• Company Attorney-In Fad No. 214684 St. Paul Guardian Insurance Company St. Paul :\·tercury Insurance Company Travekrs Casualty and Surety Company Tranclers Casualty and Surety Company of America t 'nited Statts Fidelity and Guaranty Company Certilicnte O O 14 q 5 Q 6 O Ki\OW ALL BY THESE PRESE!\TS: That Scabc1ard Surety ('(•mpan; dlrpoution dulI org;mi/cd under the laws of the Stale of New York, that St. Paul <ƕnd \.-brine Insurance Company. Sc P duly mganized under the laws (ִ\-the Stc.te of \-1inne"ota. th:n Farmin14ton Cmp:1ny iJ a nwporalion duly org:.anih'd umkr the i. Fidelity and Gmtramy Company. which revllutimb are nnw in full force and effect. reidcnL ;my Vic,: Pre-.idenc the Trea;;urec any As<.i¨tant Treasurer, tb.: Corpora¶.: Secrewry <ïr any Assistant Secref•., recognizance\. comr:tct:- d' indemnity, ther writings Ph!igatury in the natnr<.' of n bnnd. rc.cc\gnizcmce, or conJilional undcr1aking³ :md an; of ´aid officers or the Board of Director-, at any time may rcmo\T any sud1 app<>intcc and revoke tbidcnL fficc:rs or employees .>.istam t.he Curporate (1f any As.,iswnr Secrttury and duly attcc;;cd :md Company's seal by a S.:ccretary or Assistant Secrct;;ry: or duly (under 'caL if re{pJired'i hy one or n:mrc mid Agenh pur<..tunt \\';the pd'.-VCl' prescribed in hiǕ or her c.:crtificate or their cenificatcs. of authuriry or hy FURTHER RESOLVED, that the signmurc nf e;;ch of th;; following_ officer< PreǖiJem, any Exc-cuth'c Vie. Pr.:sid.:nL any Senior Vice Presickm, any Viz-c Prc<.iJcnL any Assistant Vice President, any S.:crctary. any A\sistant Sccre\ary, :i:<:mt tW />,_ttc;mcyɯɰin-Fan fu onl: cxecmins: snd :tdty Company. Fide!iry ;md Gu;m"Hl1Y lnsuraiKe Cump:my, Fiddity ;md Gu:mnny lrhm•nc CndenvriteE. lnc., S.:aboani Surely Cumpcccdingc, dlnwed hy !a>v. 8th IN WIT::\1]\tirlbHEREOF. the Compaʫb'Of;l\e ,·au\ʬ·d this im.tnpnent hi he :,igw:d and thdr cclJ1'''fil1C \Cab tu he !1<.ʭrd" affixed. this eLl; oj State s,_;Jutions adopted hy thˑ Boards of hvmingwn C:tqulry Company. Fidelity and Guaranty ln,urance C\Jrnpany, Fidelity mJ Gku:mry Insurance Underwriters. Seafxurd Surety Cornp;_my. SL Paul fire anJ :VLirine Insurance Company. St. Paul Guardian lnsunmce Company. SL Paul :Vkrcury ln:--.ur:mce (\wnp,lmik !ignature ur facimik \cal be valid anJ binding upon the Comp<-IHY and •my ˚uch pow.:r í..-1 executed ֤md ccrtiiled hy \uch fac-.,imile sign:Hnrc :md fac:--.imde \eal ˛hdl he \·a!id and binding tlw Company in rhe fumrc with rczpect to any bond e>r under:-aanJing to which it i˜ attached. L Kori M.Johanvm, the under,igncd. Assi]tant Secretary, of Enmington Ca..,twl!y fiddi1: and Guaranty lnsuranv: Cc'nl!Xmy_ hddity and Cuar:tnty !n:o.urancc Underwriter]. hw., SeahoanJ Snn:ty Company. SL Paul Fire and \brinl'" ln:--.umncc Cvmpany, St. P<1nl GuarJian lnsuranc<: Crmpan;,. Sc P:tul :Vkro;ry in\m;mcc Company, Ctsua!ty cwd SureTy Cornpany. Traveler:--. C:;,.uahy and Cnmpany Lnikd Sutcs 1- iddi;y and Guaranty Company do herdi): certify that the ahove anJ ilm:going: is :1 true and com:d copy of 1he Power r.:voked. IN TESTIMONY WHEREOF. l hm Plc®;s,; rd. CaĦtuity ;Hni Surdy Cmnpany, r;ltion'> duly organin·d under the lawƝ nf the S!ilk thil1 t ·niwd Sbks Fidelity ;md Guaramy Company iƞ a corporati du hereby make. constituk and appoint Cheryl Ashby, Della J, Allen, James M, Hewitt, Karol J, McBride, Lisa Smith, Phil Stonebraker, Vonda Hall, and Robert E, Keller . thccir true and lawful Attomey(sHn-Facc ơ'ach in their ml·p;m!te ©·aJxicity if more than one named ahm-c-. f•l s1g_n, <:\l'l"llk, ""'il and acknm\ kdgc :u1d :dl boncb. recognizanc6, conditional undertaking\ and ;>llwr 1-vtiting'> oh\ig.Ƣtory in the nature thereof on behalf (lj' the Comp:mit:- in dk'ir bu\illt'S'> of the ftddity p<.:rsoJb, guaranteeing the of nn1traCL'-. and cxecming_ or guaranteeing bonds and undertaking_ƣ rc:quired nr permitt;:;d in any ucti1•n-Ƥ or pnocc·cdine:' a!l()wcd hy law. WIT'iESS WHEREOF. ' C . h d h . h . d l March ue omp28{)7 ave Cmpany. Trawlers Casualty and Surcty (\;mpany of Amerka, nditioncti undertaking_ ;md any of said oftlcers or the BoarJ of Directors at any time rnay remoYC clny \Uch appointee 'md re;:oke the Pi'Wcr giwn him nr her: 'md it iί FURTHER RESOLVED, that the Chairman, the Preside; ΰwy Vi<.:c Chairman, any Executive Vic.:: Pn:: \idcnL any Senior Vic:e Pn;sidcnt m nd, rccogninnce, ureJ', an:y As:-:isrant Treaεurer. Ilk' Curporatc S.:cretary or any Aςsi;,!:nn Mld duly attested l ]cakd 'Xi1h dw Company's "cal by a Secrdary or Assistant S6:rctary÷ or duly exccukd (under v:aL if n:quircd) by- one or mort_, Atwmt:;:-- in-Fa :t nnJ /\gt,nh to no·xu prescribed in hie. or her cenificak or their certificates of ;mthurity or hy one nr mnr;' Company (>fficers ptm.uant FURTHER RESOLVED, th:l! the sign awn:: ('ach of the (oilowing ,Jf!ker:>: Pn;_,jdent, :my Executive Vice Prc"idζnL :tny Senior Viet' hc.;idcnc ;,ny Vi֞Y Ph>ident any A:-;sistant Vice Pre\iJt•nL ηmy Secrctar;, any Assi\tan1 and the \cal of the rn•:ty he affixeJ by f:Jt,imile tu any puwer attorney or to n, the undersipwd, A-ικλμtant S('i.Tdary, uf Farmington Ca:.u;.\!ty Company, Fidelity and Ouammy insurance Cornpany. Fidelity and Guar:mty lw-dhliKt· CnderwriWTh, Inc Seabo;ml Surety Comp;my, SL Paul Fire mtd :Viarinc In:-,urancc Company. SL Paul Gu,lrdian ln-;ur:mcc Company, St. Paul Mercury fnsur:mv Company, Travelers Casualty and Sun:ty Cnmpany, C:hl.wlty and a_nd United States Fidelity and GtMr:mly Cnmpany do ht'Tch:, cerLify that the ahuve Power of ν'idl l --SOO-.El or cnntad lL\ at \V\\-w.Ôtpault!':l\'ekrc,homLξ'fll1L Pk:be rckr (0 the ;\nomcy -In- Fxt nunhcr. the ahnvcο1wmtd indi,·idua]:.; and the detaib the bond to \\-hich tb.: power iπ ;t11achcd, WARNiNG: THiS POWER OF .ATTORNEY iS INVAUD WITHOUT THE RED BORDER ---PAGE BREAK--- ( ( AN>Rn C&'A TE OF I I(LITY INSURA )CE 7 i9;2oo1 PRODUCER (509) 758-5529 FAX : (509) 758-5311 !EY"ANrr·-:.# NO AS A Stonebraker-McQuary Agency 1:104PE5 DOES , , 616 5th S t . ALTER THE BY Rl'l PO Box 9 WA 99403 NWCDA 'C ' NAIC # INSURED ! INSURER A l nonbl Ins 20486C Poe Asphalt Paving , Inc. i INSURER B State To Fund PO Box 449 ' " C l 0 Lewiston ID 83501 I INSURER E T ERM OR CONig KLMN:OJ g:PQ ciJMENT ~J}I{z::gT Vyo":.1 x E wvi gu:Ttsr,fT,qpy OR MAY PERTji: THE INSUhgf TeF:dcbD M!a H'0 n,];\[ZYXW ֯VUTSR S IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES m % POLICY NUMBER >S::ëJ LIABIIJTY , x CFNBRY C