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Home My Public Portal About2017.09.14 Leonard Slender Contract Golf Cart PathCONSTRUCTION THIS AGREEMENT, is being made and entered into this 14 day of September, 2017 by and between The City of McCall (hereinafter, "OWNER") and Leonard Slender Paving, (hereinafter, "CONTRACTOR"): NOW THEREFORE,, the parties to this Contract, in consideration of the mutual covenants and stipulations set out, agree as follows: The Contract Documents which comprise the entire agreement between the OWNER or City and the Contractor concerning the work to be performed are this Contract, pages one (1) through (4) and the following: 1. Sid Proposal titled, PATCH/OVERLAY and SEAL COAT CART PATHS 2. Standard General Conditions of the Construction Contract, 2010 ISPWC (Idaho Standards for Public Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive). 3. Insurance Certificates, to be physically attached to this Contract; 4. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice of Award b. Notice to Proceed. c. Written Amendments. d. Work Change Directives. e. Change Orders. 5. Change Orders, which may be delivered or issued after the effective date of this Agreement; 6. WH-5 Public Works Contract Report for Idaho State Tax Commission 7. W9 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. 1[4Il NMAYM 114 underThe Contractor shall complete the entire work as specified, indicated and required Contract Documents. The oCOURSE PATHSPATHS. PATCH, PAVE AND OR OVERLAY DESIGNXI'ED AREAS OF GOLF COURSE CART HAVE BEEN PREPPED COURSE approvingL The McCall Golf Course Supervisor (Supervisor) will be the Owner's representative. The Supervisor will serve as the agency Page I of Construction Contract _, 2017 ! f The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to the date of completion. The project site will be available to the Contractor for project implementation on Septe ber 15th, 2017, or when weather conditions permit, and only after approval of the Supervisor. 2. The work to be performed pursuant to this Contract shall be substantially complete on or before June 30, 2018 and ready for final payment in accordance with paragraph 14.07 of the ISPWC General Conditions on or before July 13, 2018. Adjustment of the contract time can be made in accordance with the provisions of the Contract Documents as directed by the Supervisor or the OWNER. The OWNER or City shall pay the Contractor for completion of the Work in accordance with the Contract Documents in current funds the amount of $57,300 in accordance with the Contract Documents. If due to the weather the Contractor is unable to complete the work this fall, he may resume work in the spring. In this case payment for work completed will be paid in two installments. The parties warrant by their signature that no employer -employee relationship is established between the Contractor and the OWNER 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 OWNER for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE 7. SCOPE OF SERVICES completedThe Contractor shall perform all services required by the Contract Documents. All work shall be in accordance with the specifications OWNERIn addition to other rights granted the by the Contract Documents, the Contractor shall indemnify and save harniless the Engineer and the Owner, 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 Page 2 of Constriction Contract V-7174-i2017 arising or recovered under the Workmen's Compensation Act or any other law, ordinance, order or decree. acquireThe Contractor covenants that it presently has no interest and will not covenantsor indirect, in the project which would conflict in any manner or degree with the performance its services hereunder. The Contractor further employ no person who has any such interest. Should any conflictduring performance of this Contract, Contractor shall immediately disclose such conflict to the r roje Manager, Engineer and the OWNER. I This Contract and the exhibits hereto contain the entire agreement between the parties, and no c.tatements,promises,- - by eitheragentsbinding unless contained herein. This contract may not be -! modified or altered except agreementupon written signed by the parties_ The Contractornot or OWNER.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 misunderstandingand 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 . - on the part ofthe Contractor will in any way OWNERserve to modify the provisions of this requirement. The Contractor and his surety shall indemnify and save harmless the codes, and the City of' McCall and its employees, agents and representatives against any claim or liability arising from or based on the violation of any such #regulations, In the event either party incurs legal expenses • enforce the terms prevailingthe party isentitledto other costs and expenses, whether the same are incurred with or without suit. r r r The Contractor # remuneration or inducement to enter into this Contract. The Contractor further declares that no # # in an effort to influence the outcome of the competition, Any such activity by ` Contractor shall make. # void. Page 3 of Construction Contract _, 2017 Af ARTICLE 1 , COMMUNICATIONS Such cornrnunications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: Contractor: Owner: City of McCall 216 I . Dark Street McCall, Idaho 83638 IN WITNESS WHEREOF, said Contractor and the OWNER or City has caused this Contract to e executed on the day and year first above written. Contractor:, 1 t Owner: ckie J. A ion, �yor�� Approved As To Form: Wit iam F. Nichols, City Attorney Page 4 of 4 Constriction Contract 2017 Form Give form to the (Rev. November 2005) Identification Number and Certification requester. Do not Department of the Treasury Send to the IRS. Internal Revenue Seonue Nam (as shown on your Income tax/. return) f C� 0 ®- name, if erent from ove ® Ft l al N ®g ___:Busines ividual( ❑ Corporation Partnership ❑ Other f► _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Exempt from backup ❑ u Check appropriate box: Sole proprietor withholding - N e Address (number, street, an apt. or suite no. p i ) 6 Requester's name and address (optional) s1 iG' City state, an ZIP code ® 'D f t cu List account number(s) here (optional) a> Taxpayer Identification u er (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident I I I alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose =+I ation nuid number to enter. ( I Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate mortgage you # acquisition or abandonment contributionsad to an U.S. person. Use Form W-9 only if you are a U.S. person person requesting it (the requester) and, when applicable, to: 1 . Certify that the TIN you giving waiting for a number to be `# exemption2. Certify that you are not subject to backup withholding, or 3. Claim backup withholding if you are a exemptpayee. above,In 3 .i you # certifying that as a person,• .i of partnership income from a U.S. trade or business is not subject to the withholding tax on # partners'` of connected requesti substantially# this Form For purposes,# # i a personyou Date — _—t An individual d 9 A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, o estate information.Regulations sections 301.7701-6(a) and 7(a) for additional trade or business in the United States are generally required to i:. a withholding..x on y.. fire.gn p art share o income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreignperson, i pay the withholding i person partner in a partnership conducting r trade or business United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of # . person who gives Form# to the partnership for purposes of establishing its U.S. status and avoiding withholding on its • .#. share of net income from the partnership conducting a trade or business in the United States is in the following cases: disregarded i not Cat. No. 10231X Form - (Rev. 11-2005)