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CONSTRUCTION CONTRACT THIS AGREEMENT, made and entered into this 15th day of May, 1990, by and between Poe Asphalt Paving, Inc. hereinafter called the 'Contractor' and the City of Moscow, a Mumcipal Corporation of Idaho, hereinafter called the 'City'. WITNESSETH THAT: WHEREAS, pursuant to the invitation of the City, extended through an official published 'Advertisement for Bids', the Contractor did, in accordance therewith, on the 13th day of April, 1990, file with the City a proposal containing an offer which was invited by said notice; and WHEREAS, the City has heretofore determined that said offer was the lowest and best submitted: NOW THEREFORE, the Parties hereby agree as follows: I. Complete with Specifications That the Contractor shall comply in every way with the provisions and requirements of those certain specifications entitled: PALOUSE RIVER DRIVE LID AND BASE STABILIZATION II. Contract Documents The following contract documents are hereby made a part of and incorporated into this Agreement by incorporation as though fully set forth herein: 1. 2. 3. 4. The 'Advertisement of Bids' - being the invitation to submit a proposal; The specifications named above by title; The detailed plans listed and described in bi specifications, together with those which may be issued as suppleme ts thereof; and, The proposal of the Contractor, which was su mitted on April 13, 1990, the original or conformed copy of whic is hereto attached and marked 'Exhibit / / ( ContractoiSilitias qo-1.3 ---PAGE BREAK--- III. Consideration That in consideration of faithful compliance with the terms and conditions of this agreement (including the specifications) the City shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of One Hundred Fifty-Four Thousand, Five Hundred Nineteen Dollars and Ten Cents ($154,519.10) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided. IV. Completion That the time of completion is 45 calendar days from the date of the Notice to Proceed. V. 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 449 City: Lewiston, ID 83501 City of Moscow 122 E. 4th Street P.O. Box 9203 Moscow, ID 83843 VI. Full Agreement This contract and the incorporated documents shall constitute the full agreement between the parties; any amendments thereto shall be made in writing. IN WITNESS WHEREOF, said Contractor and City have caused this agreement to be executed on the day and year first above written. City of Moscow, Idaho: ---PAGE BREAK--- ATTEST: APPROVED AS TO FORM: STATE OF ) County of,\[ ) On this day of L , 1990, before me a Notary Public, personally appeareefD'On M. Poe)ieSient and Mark Poe, (Secretary) known to me to be the persons whose names are subscribed to the foregoing instrument and ac owl dged to me that they executed the foregoing agreement. STATE OF IDAHO ) ) ss County of Latah ) On this 3o *-"day of ] , 1990, before me a Notary Public in and for said State, appeared Paul CgiliS and Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. dof(-7 State of Idaho ---PAGE BREAK--- EXHIBIT A BID PROPOSAL TO: Mayor and City Council City of Moscow, Idaho II RECEIVED :APR 1 3 1S9J 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 "Owner" for construaction of PALOUSE RIVER DRIVE L.I.D. AND BASE STABILIZATION, specified herein and which construction documents are on file with the City Engineer, City Hall, Moscow, Idaho, and which are 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 OWner 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, or bid bond 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 owner shall have the right to accept or reject any bid item deemed to be in the best interest of the City. 2 ---PAGE BREAK--- 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. 8. The undersigned, as a bidder, Number through him and have been examined doc'...'!.."TT.ents. acknowledges that Addenda have been delivered to as part of the contract 9. The undersigned agrees to complete all work embraced in the contract by the date set forth in paragraph GS-12(A) of the Specifications. 10. The undersigned holds Idaho State Contractor's License Number 5130-AA&- 11. The undersigned proposes to use the following subcontractor in the performance of meeting the contract requirements: Subcontractors a . .Bb Cuv\'5 b. c. Trade Specialty Amount $ 12. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for PALOUSE RIVER DRIVE AND BASE STABILIZATION, 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 of contract prices as follows: (Unit prices are to be shown in both words and figures, in case of discrepancy, the amount shown in words will govern.) Item No. Item Description 1a Excavtion (roadway) at fr" fj o II vs ȇI\ t.J p u.wt?i Per cubic yard 1b Excavation (slopes) at dew bZ.s /!t1 Per cubic yard BID SCHEDULE Quantity & Unit 2691 c.y. 3328 c.y. 3 Unit Price Total Price $ I '{55 $ 13 o..Q. ---PAGE BREAK--- 2 3/4" Base Aggregrate T t if n Ȇ!:1 \ V5() t/9t Per on 5230 ton $ $ , 3 Extend 4" drain pipe at?t> ,noUb. Ȅ C = e lAJo Per lineal foot 8 l.f. $ :ain in full fo