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CONSTRUCTION CONTRACT BUS SHELTERS - 2009 THIS CONTRACT, dated this 22"d day of July, 2009 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho (hereinafter 'City') and McCall's Classic Construction (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: BUS SHELTERS - 2009 City Proj. No. 108-009 FTA Proj. No. 10-04-007-01; 3. Bid/Proposal of the Contractor, dated July 7, 2009, physically attached to this Contract; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this contract; 6. Addendum No. One issued prior to opening of bids; 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: BUS SHELTERS - 2009 ARTICLE 3. CONTRACT TIME I SUBSTANTIAL COMPLETION The work to be performed pursuant to this Contract shall be substantially complete on or before FIFTY (50) CALENDAR DAYS FROM 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 ---PAGE BREAK--- ARTICLE 4. 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 FORTY -SEVEN THOUSAND SEVENTY -FIVE DOLLARS AND TWENTY-FIVE CENTS ($47,075.25). 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 /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: McCall's Classic Construction 945 Beachview Blvd. Clarkston, WA 99403 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. ACKNOWLEDGMENT State of W County o ) ) ss ) On this I day of % Cs , 2009, before me, a Notary Public of the State of wewJt , personally appeared Randall F. McCall and JoAnn K. McCall known to me to be the President and Secretary of McCall's Classic Construction described in the above document and acknowledged to me they executed the same. My commission expires: I- 'S . Date PAGE 4 -CONSTRUCTION CONTRACT ---PAGE BREAK--- I I I I I I I I I I I I I I I TO: Mayor and City Council City ofMoscow, Idaho BID PROPOSAL Date: 7- 2-DO CJ 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 BUS SHELTERS- 2009, specified herein and which construction documents are on file with the City Engineer, Paul Mann Building, 221 East 2"d 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 tenns and prices herein submitted. I. 2. 3. 4. 5. 6. 7. 8. All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. The undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. The undersigned will furnish separate performance and payment bonds in the full amount of the contract price. The undersigned further agrees that the CITY shall have the right to accept or reject any bid deemed to be in the best interest of the City. 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. The undersigned agrees to obtain the appropriate Idaho Public Works license prior to contract award if not already licensed. The undersigned acknowledges be has made himself aware of the Federal procurement requirements of this project. 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. License No.'s may be given as 'pending'. Subcontractors Trade Specialty Idaho Public Works License No. $Amount /f 11'-J ·-AAB d /:3i ,)Z?O eo I b. _ _ _ I I c. 9. 10. The undersigned has included with the bid the BUY AMERICA certification (form herein included); completed and signed. The undersigned proposes to furnish labor, materials, equipment and services of all kinds required for BUS SHELTERS 2009 as described in the Plans and Specifications, including all appurtenant work, all as required by the specifications and this proposal for prices in accordance with the unit prices as follows: Page 2 ---PAGE BREAK--- Item No. Site Description 1. Farm Road (Near Win co) 2. Street, West of Main St. 3. St. & Mt. View Road Intersection 4. Sixth St. & Blaine St. Intersection 5. Blaine St., South of White Ave. TOTAL BID BID SCHEDULE Bus Shelters- 2009 $ $ $ $ $ $ Site Unit Price q,t_b.1V l31 oot. :to 4 j !4H' St> G 1 $4Q. us- L Q. qg·], l D I 41l Q7D". z..s- NL c CA:U-1 s ClA C- &ztJ s. t1lll C./71:J JJ 1Y &!+-cf/t!JEill-1 f$U/D Firm Name of Bidder fi.A-L!.-C-kt-'L Mailing Address tf.L-Ai!-I