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HomeMy Public PortalAboutResolution 05-11 Travis Cnstn ContractRESOLUTION NO.05-11 A RESOLUTION OF THE CITY OF McCALL, IDAHO, AUTHORIZING AND APPROVING A CONTRACT WITH TRAVIS CONSTRUCTION; AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR RELATED MATTERS; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall (the "City") has the power to enter into contracts as provided in Section 50-301, Idaho Code; and WHEREAS, the City is in need of hiring a qualified contractor to perform rehabilitation work to the Old McCall Jail; and WHEREAS, the City Grant Writer obtained estimates from three (3) qualified contractors; and WHEREAS, the City desires to enter into a Contract with TRAVIS CONSTRUCTION for performing rehabilitation work to the Old McCall Jail. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McCALL, Valley County, Idaho, as follows: Section 1: Travis Construction is best qualified to provide the services required by the City. Section 2: That the Agreement with Travis Construction, for performing the rehabilitation work at the old McCall Jail, substantially in the form of the Agreement attached hereto as Exhibit "A" is hereby approved. Said Exhibit "A" attached hereto is hereby incorporated herein by reference. Section 3: That the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City. Section 4: This Resolution shall take effect and be in force from and after its passage and approval. DATED thisfi day of June, 2005. •.••`00 1" *K Y OF MCCALL •••���� 4 .��L��County, Idaho .� 9 s H SEA oif° 5� y s ..,c9 LI9 �� '••••.... L,...••• mers, Mayor ATTEST: Dan Irwin, City Clerk RESOLUTION 05-11 EXHIBIT A CONTRACT THIS CONTRACT, made and entered into this day of , 2005, by and between the City of McCall, Valley County, Idaho, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as "Entity," and Travis Construction, an Idaho Limited Liability Company duly organized and existing under and by virtue of the laws of the State of Idaho, with its principal place of business at H.C. 69 Box 104, Riggins, Idaho, hereinafter referred to as "CONTRACTOR". The parties agree as follows: 1. SCOPE OF WORK: ENTITY engages CONTRACTOR to perform the work associated with certain improvements to the Old McCall Jail located at 900 3`d Street, McCall, Idaho, which work is more specifically described in Exhibit "A," which is attached hereto and fully incorporated herein (the "Project"). 2. PAYMENT: ENTITY agrees to pay CONTRACTOR for CONTRACTOR's services rendered under this Contract an amount not to exceed the total sum of $4,410.00 for completion of the Project. The Project shall begin on July 1, 2005 and shall be completed on or before September 30, 2005. The parties agree that CONTRACTOR will invoice ENTITY for payment under this Contract for services rendered hereunder. 3. INDEPENDENT CONTRACTOR RELATIONSHIP : CONTRACTOR is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of ENTITY. CONTRACTOR is not eligible for, and shall not participate in, any employee pension, health, or other fringe benefit plans of ENTITY. 4. FEDERAL, STATE, AND LOCAL PAYROLL TAXES: Neither federal, state or local income taxes, nor payroll taxes of any kind shall be withheld and paid by ENTITY on behalf of CONTRACTOR or the employees of CONTRACTOR. CONTRACTOR shall not be treated as an employee of ENTITY with respect to the services performed hereunder for federal or state tax purposes. CONTRACTOR understands that CONTRACTOR is responsible to pay all taxes owed by CONTRACTOR in accordance with the law. 5. LICENSES AND LAW: CONTRACTOR represents that CONTRACTOR possesses the skill and experience necessary and all licenses and authorizations required to perform the services under this Contract. CONTRACTOR further agrees to comply with all applicable laws in the performance of the services hereunder. 6. WORKER'S COMPENSATION: CONTRACTOR shall maintain in full force and effect worker's compensation coverage for CONTRACTOR and any agents, employees, and staff that the CONTRACTOR may employ as required by Title 72, Idaho Code, and provide proof to ENTITY of such coverage. If CONTRACTOR fails to maintain such insurance during the term of this Contract, CONTRACTOR shall indemnify ENTITY against any loss resulting to ENTITY from such failure., RESOLUTION 05-11 EXHIBIT A 7. EQUIPMENT, TOOLS, MATERIALS OR SUPPLIES: CONTRACTOR shall supply, at CONTRACTOR'S sole expense, all equipment, tools, materials and/or supplies to accomplish the services to be provided under this Contract. 8. EFFECTIVE DATE This Contract shall be effective upon execution by ENTITY and CONTRACTOR . 9. WARRANTY CONTRACTOR warrants that all materials and goods supplied under this Contract shall be of good merchantable quality and that all services will be performed in a good workmanlike manner and in accordance with all applicable, laws, rules, and regulations. CONTRACTOR acknowledges that it will be liable for any breach of this warranty and shall correct any such breach and indemnify ENTITY against any loss resulting to ENTITY from such breach. 10. INDEMNIFICATION CONTRACTOR agrees to indemnify, defend, and hold harmless ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, or judgments for damages or injury to persons or property arising out of or in connection with the act and/or any performances or activities of CONTRACTOR, CONTRACTOR'S agents, employees, or representatives under this Contract. 11. INSURANCE CONTRACTOR agrees to obtain and keep in full force and effect during its acts under this Contract a comprehensive general liability insurance policy in the minimum amount of $500,000 per occurrence, which shall name and protect CONTRACTOR, all CONTRACTOR'S employees, ENTITY, and its officers, agents and employees, from and against any and all claims, losses, actions, and judgments for damages or injury to persons or property arising out of or in connection with the CONTRACTOR'S acts. CONTRACTOR shall provide proof of liability coverage as set forth above to ENTITY prior to commencing its performance as herein provided, and CONTRACTOR shall require CONTRACTOR'S insurer to notify ENTITY ten (10) days prior to cancellation of said policy. 12. NONWAIVER Failure of either party to exercise any of the rights under this Contract, or breach thereof, shall not be deemed to be a waiver of such right or a waiver of any subsequent breach. 13. CHOICE OF LAW: Any dispute under this Contract, or related to this Contract, shall be decided in accordance with the laws of the State of Idaho. 14. AMENDMENT: This Contract can only be modified or amended in writing under mutual agreement by both parties. 15. SEVERABILITY: If any part of this Contract is held unenforceable, the remaining portions of the Contract will nevertheless remain in full force and effect. RESOLUTION 05-11 EXHIBIT A 16. MEDIATION: If a dispute between the parties arises out of or relates to this Contract or the breach thereof, the parties agree to engage in mediation prior to filing suit. The costs of mediation shall be shared equally. 17. ATTORNEY FEES: Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Contract or to declare forfeiture or termination of this Contract. 18. AUTHORIZATION: The undersigned representative of CONTRACTOR certifies that s/he is an authorized agent of CONTRACTOR and has been duly authorized to bind CONTRACTOR to the terms of this Contract. DATED this day of June, 2005. ENTITY: CITY OF McCALL, a Municipal Corporation By: Name: Title: CONTRACTOR: TRAVIS CONSTRUCTION, an Idaho Limited Liability Company By: Name: Title: RESOLUTION 05-11 EXHIBIT A Exhibit "A" Old McCall Jail Rehabilitation Scope of Work All rehabilitation work must follow the Secretary of the Interior's Guidelines for restoration of historic structures. The following scope of work has been approved by the Idaho State Historic Preservation Office. 1. Stucco: Clean all soiled areas using low pressure water and an approved cleaning detergent with bristle brushes. Repair damaged areas by removing damaged material and patch with new stucco that is similar to old in strength, composition, color and texture. Paint to match. May paint entire exterior if needed, to provide uniform appearance. 2. Replace existing quarter round trim and glass stops as required, matching material, size, and wood types. Apply using finish nails. Prepare wood and paint flat black to match existing. 3. Clean 2x wood jamb, head and sill free of loose paint, debris, etc. Prepare and paint flat black to match existing as required. 4. Clean roof and apply water resistant solution. 5. Patch damage and holes in existing concrete not limited to by including sink and toilet drain holes. Remove sink -mounting bracket. 6. Remove steel channel on door jamb and head. Remove existing steel plate attached to each side of the channel. Apply new 2x jamb and head materials to match existing interior door opening. Apply new quarter round trim, paint flat black. 7. Remove all damaged or loose paint by hand scraping. Repaint basic white to match existing color.