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Home My WebLink AboutAgreement for Construction Services with Walt Morrow Construction for Tenant Improvements Farmers & Merchants Bank AGREEMENT FOR CONSTRUCTION SERVICES THIS AGREEMENT, made this øt! day of ~ t- ,2005, by and between the City of Meridian, a municipal corporation organized under he laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and Walt Morrow Construction, Inc., hereinafter referred to as "Morrow", P.O. Box 770 Meridian, Idaho 83680, a corporation organized under the laws ofthe State ofIdaho. 1. Statement of Work: Morrow shall furnish the material and perform the work described herein for the consideration stipulated, and in compliance with State and City Codes. Morrow's bid, dated August 3, 2005 shall be considered the Statement of Work, attached hereto as exhibit "A" and incorporated herein. . . 2. Amount of Contract: Payment for the work performed as specified in the Statement of Work shall be in an amount not to exceed Four Thousand Two Hundred Dollars ($4,200.00) unless otherwise amended by written amendment to this agreement executed by both parties. Upon completion ofthe work, Morrow shall submit an invoice to City, which shall be processed and paid in the due course of City's business. 3. Term of Contract: The work to be performed under this contract shall commence immediately and shall be completed by September 1,2005, unless sooner completed, amended, or terminated as herein provided. 4. Notices: Any and all notices required to be given by either ofthe parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: Meridian City 33 East Idaho Avenue Meridian, Idaho 83642 Walt Morrow Construction, Inc. . P.O. Box 770 Meridian, Idaho 83680 5. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys fees as determined by a Court of competent jurisdiction. 6. Compliance with Laws. In performing the scope of services required hereunder, Morrow shall secure and pay for any necessary permits, and shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 7. Changes: The City may, from time to time, request changes in the Scope of Work to be Agreement for Construction Services - 1 of 4 performed hereunder. Such changes, including any increase or decrease in Morrow"s compensation, which are mutually agreed upon by and between the City and Morrow, shall be incorporated in written amendments to this Agreement. 8. Termination for Cause: If, through any cause, Morrow shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Morrow shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to Morrow of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Ifthis agreement is terminated for cause Morrow shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, Morrow shall not be relieved of liability to the City for damages sustained by the City by virtue of any. breach of this Agreement by MOJ;rQw, and tbe City may.. withhold any payments to Morrow for the purposes of set-off until such time as the exact amount of damages due the City from Morrow is determined. This provision shall survive the termination of this agreement and shall not relieve Morrow of its liability to the City for damages, provided that the amount of such damages shall not exceed the total compensation provided for in section two of this agreement. 9. Entire Agreement: This Agreement contains the entire agreement ofthe parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 10. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 11. Approval Required. This Agreement shall not become effective or binding until approved by the City of Meridian. 12. Indemnification and Insurance: Morrow shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Morrow., its servants, agents employees, guests, and business invitees; and not caused by or arising out of the tortious conduct of CITY-or its employees. In addition, Morrow. shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation ofthe covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, Morrow covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Morrow. shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing Morrow's compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, Morrow shall immediately submit proof of compliance with the changed limits. Agreement for Construction Services - 2 of 4 Additionally, Morrow shall maintain Workers Compensation Insurance regardless of the number of employees, or lack thereof, in the statutory limits as required by law. It is mutually agreed and understood by the parties that Morrow and Morrows' employees, agents, servants, guests and business invitees, are acting as independent contractors and are in no way employees of the City. Evidence of all insurance shall be submitted to Meridian City Accounting, 33 East Idaho Avenue, Meridian, Idaho, 83642. IN WITNESS WHEREOF, the City and Morrow have executed this Agreement as of the date first above written. W ALT, MORROW CONSTRUCTION, INe. . Úf/ ./ .IL ~ ~J J-" WALT MORRÓ ,PRESIDENT CITY OF MERIDIAN BF~~~ TAMMY de RD, MAYOR 6'1 t/ï, ~IVnM fI-/6-o§ Attest: Agreement for Construction Services - 3 of 4 EXHIBIT "A" ST AEMENT OF WORK August 3, 2005 City QfMeridian 33 E. Idaho 8t. Meridian, ill 83642 Re:Tenant improvements to old Fanners & Merchants Bank building This bid includes the following items: 1) Wall patch in lobby area - north wall 2) Carpet allowance of $600.00 in space where teller lines were 3) Remove and replace 30 lineal feet of office divider walls 4) Two new office doors 5) One HV AC vent in the center office - south wall 6) Paint new office walls and patch area of lobby - Bid Total:......................................-...............-..........$4,200.00 iv (¿¿t- /Jt:'A_~f:"17k- Walt Morrow Walt Morrow Construction œ Œ:~Œ ill) Hum~n Resources/Legal City of Meridian Agreement for Construction Services - 4 of 4 A CORD- CERTIFICATE OF LIABILITY INSURANCE CSR JE DATE (MMlDDIYYYY) WALTE-4 08 08 05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Higgins & Rutledge Insurance P.O. Box 8567 Boise ID 83707-2567 Phone:208-343-7741 Fax:208-343-9371 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: INSURER B: Cincinnati In.urance colOpany Walter Morrow Construction PO Box 770 Meridian ID 83680 INSURER C: INSURER D: INSURER E: i.tv~' . Officp. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .- PDATE iMMlDD~E PQ~Lc;.Y !=,~!,IR-"!.TJ9Ñ - LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE' IMMlDDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X Xl COMMERCIAL GENERAL LIABILITY CPPO724433 07/29/05 07/29/06 UAMAbt= 10 Kt=N I ioU $100,000 PREMISES (Ea occurence) I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $5,000 j PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 .- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COM~OPAGG $2,000,000 I .nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $1,000,000 A ANY AUTO CPAO724433 07/29/05 07/29/06 (Ea accident) - ALL OWNEO AUTOS BODILY INJURY f-- $ X SCHEDULED AUTOS (Per person) f-- X HIRED AUTOS BODILY INJURY f-- $ X NON.OWNED AUTOS (Per accident) f--- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $ 0 OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I~-I IUEr TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE .. -, ()1"!~<::E¡¡j!!1.§f)1BI;'3-~~£LlJ_DEôD?____" ...._--,-- ,- "-,---' --', 'm__--_~'--'..'---"-'--~~ -,,' -,-..-.. -"--'-" '" -,. -,-- .. ...-- m"'_-' .£LQlSEASE - E~EMPLQYEE ..$. --'-- .._, ,----,,' If r,es, describe under E.L. DISEASE - POLICY LIMIT $ S ECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Old Farmers & Merchants Bank Building. The City of Meridian is an Additional Insured regarding the above described project as their interest may appear. COVERAGES CERTIFICATE HOLDER CANCELLATION CITMERl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN - City of Meridian NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: will Berg IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 33 East Idaho Meridian ID 83642 REPRESENTATIVES, AUTHORIZED REPRES;¡gATI'{!;. ... AA - AI' -- ACORD 25 (2001108) @ACORD CORPORATION 1988