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CONSTRUCTION CONTRACT STREET PATCH & OVERLAY- 2009 THIS CONTRACT, dated this 2"d Day of June, 2009 by and between the City of Moscow, 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 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 & OVERLAY - 2009; 3. Bid/Proposal of the Contractor, dated May 20, 2009, physically 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, physically attached to this contract; 7. 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 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 for City of Moscow project titled: STREET PATCH & OVERLAY- 2009 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before AUGUST 28, 2009 (Per Addendum No. One), 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 RECEIVED JUN 0 3 ZOOS POE ASPHALT PAVING INC P ULLMAN ---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 One Hundred Thirty-Two Thousand Five Hundred Twenty-Two Dollars and Forty Cents ($132,522.40). 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. 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 specifications 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 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: Contractor: Poe Asphalt Paving, Inc. P.O. Box 784 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 Contract to be executed on the day and year first above written. Contractor: Poe Asphalt Paving, Inc. ACKNOWLEDGMENT State of u..hsh\O013 Date PAGE 4- CONSTRUCTION CONTRACT ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: May 20, 2009 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- 2009, 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--- r I I I 8. The undersigned, as a bidder, acknowledges that Addenda Number 1 through 3 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-I 3 of the Instruction to Bidders. IO. The undersigned holds Idaho State Contractor's License Number 12496-AAA-2 11. 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 67-23 10 and IB-16: Subcontractors Trade Specialty Clearwater Traffic a. Control LLC . Traffic Control McCalls Classic b. Construction Excavating Idaho Public Works License No. 16024-B-4(02890, 02761, 01550) 14493-B-4(7,9,16 22,32,43) $Amount $ 1, 24_4. 00 $37,177.80 c. I 2. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for STREET PATCH & OVERLAY - 2009 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--- I I I I BID SCHEDULE Item Quantity Unit Total No. Description & Unit Price Price 1. Patching, Hand Laid 11 Sq. Yds. $ 88.51 $ 3,628.91 Per S.Y. 2. Patching, Machine Laid 1,569 Sq. Yds. $ 40.22 $ 6.313.31 Per S.Y. 3. Soft Spot Repair 200 Sq. Yds. $ 57.14 $ 111428.00 Per S.Y. 4. Adjust Manholes I Each $302.50 $ 302.50 Per Ea. 5. Adjust Gate Valve Boxes & Monuments I Each $302.50 $ ,302,50 Per Ea. 6. Plant Mix Pavement Pre-Level 202 Tons $ 92.17 $ 181618.34 Per Ton 7. Plant Mix Pavement Overlay ( 1.5") 302 Tons $ 91.88 $ 27,747.76 Per Ton 8. Aggregate Base, Furnished & Installed 100 Tons $ 21.30 $ 2,13Q.QQ Per Ton 9. Geo-Textile Fabric, Furnished & Installed Sq. Yds. $ 0.00 $ 0.00 Per S.Y. 10. Remove & Replace Curb 186 L.F. $ 21.78 $ 41051.08 Per L.F. TOTAL BID $ 132,522.40 Poe Asphalt Paving, Inc. PO Box 784, Pullman, WA 99163 Firm Name of Bidder [3d2/U;__ Signature of Bidder Project Mank---- Officia! Title SEAL (If Incorporated) Bidders Mailing Address 12496-AAA-2 Public Works License No. Washington State of Incorporation, if Incorporated Dated at Pullman, _W_A _ This 20th day _ , 2009. 3 (Per Addendum