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.
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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.