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CONSTRUCTION AGREEMENT MOSCOW CITY-WIDE SIDEWALK REPLACEMENT PROJECT - 2015 BETWEEN CITY OF MOSCOW, IDAHO AND KNOX CONCRETE, LLC THIS CONSTRUCTION AGREEMENT MOSCOW CITY-WIDE SIDEWALK REPLACEMENT PROJECT - 2015 BETWEEN CITY OF MOSCC)G, _IDAHO AND KNOX CONCRETE, LLC (hereinafter "Agre ement") dated this JJ}j_ day of fV[ I , 2015, by and between the City of Moscow, Idaho, a municipal corporation of the tate of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City"), and Knox Concrete, LLC, 913 Snake River Avenue, Lewiston, Idaho, 83501 (hereinafter "Contractor"); WlTNESSETH: 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 seven (l through 7) and 1 the following: 1. Adve1tisement for Bids; 2. Project Specifications titled: Moscow City-Wide Sidewalk Replacement Project - 2015 City of Moscow Project No. 106-015 3. Bid/Proposal of Contractol', dated March 17, 2015, physically attached to this Agreement; 4. The Special Drawings; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. 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 A1ticle I. This Agreement may only be amended by change order as provided in the General Conditions. Moscow ClTY-W!DE SIDEW;\LK REPLAC£McNT- 2015 CITY AND KNOX CONCRETE PAGE I OF7 2---0 \ s I lf ---PAGE BREAK--- ARTICLE2. WORK Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City project (hereinafter "Project") titled: "MOSCOW CITY-WIDE SIDEWALK REPLACEMENT PROJECT -2015" Two weeks prior to expected construction, Contractor will be issued consecutively numbered work tasks detailing locations and expected quantities of work. City will direct Contractor's work on an "as needed" basis according to the price of work dete1mined by their Agreement so that there is some flexibility in where and when the work is performed, based upon the needs of City, as determined by the City Engineer. ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall start no earlier than March 30, 2015 and be substantially complete on or before October 16, 2015, unless adjustment of the contract time is made in accordance with the provisions of the Contract Documents. Contractor shall begin work in confotmancc with the Contract Documents and shall complete the work prior to the date for scheduled completion. ARTICLE4. 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-etnployee relationship is established between Contractor and City by the terms of this Agreement. It is understood by the patties hereto that Contractor is an independent contractor and as such neither it nor its employees, agents, Moscow CrTY-WTDE SmEWALK RErr.ACEMENT • 2015 CrTY AND KNOX CONCRETE PAGE20F7 ---PAGE BREAK--- representatives or subcontractors, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. 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 hannless 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 01· 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 Enginee1/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 pa1ties 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 Moscow CITY-WIDE SIDEWALK REPLACEMENr" 20 l 5 CITY AND KNOX CONCRETE PAGE3 OF? ---PAGE BREAK--- Contractor shall be deemed material and shall subject Contractor to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the patt 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 tenns, 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 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 ofidaho, in and for the County of Latah. ARTICLE 13. SPECIAL WARRANTY 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 delive1y to the parties at the following address: Contractor: Knox Concrete, LLC 913 Snake River A venue. Lewiston, Idaho 83501 Moscow CITY-WIDE SIDEWALK REPLACEMENT - 2015 CITY ANO KNOX CONCRETE City: City Engineer City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 PAGE 4 OF7 ---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 CITY Knox Concrete, LLC City of Moscow, Idaho J· & By: County of nc..t 'Vf YCt Bill Lambett, Mayor Approved As To Form: (lW Roderick Hall, City Attorney ACKNOWLEDGMENT ) ) :ss ) On thisday of At>ri\ , 2015, before me, the under igned, a Notary in and for said State personally appea:d 1YA\l\SO)<.. , known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that he/she executed the same in his/her capacity as Ok:fr\tY for Knox Concrete, LLC. ,111me11,, A''Bie:ta..GgN Nj,nj My commission expires: ʪ · Y. · :i -ʩ - . . . . , J • lj . - / = , ; ʬ:x:= :