HomeMy WebLinkAboutIndependent Contractor Agreement with S&S Coatings for Water Tower RecoatingAGREEMENT FORM
THIS AGREEMENT is between TIC. e City o r roe r i d i a n i d a 1Z o P ub t i c
Works/Building Department
(hereinafter called OWNER) and S & s Coatings , Inc .
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
WORK.
1.1. CONTRACTOR shall complete Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The recoating of the interior water holding area and the entire exterior of an existing
500,000-gallon elevated reservoir. The existing tank coatings contain lead, barium,
and other RCRA metals. Appropriate procedures for removal, handling, and disposal
of the existing coatings for surface preparation will be required.
2. ENGINEER.
2.1. CH2M HILL is hereinafter called ENGINEER and is to act as OWNER's
representative, assume duties and responsibilities, and have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with completion of
the Work in accordance with the Contract Documents.
CONTRACT TIMES AND LIQUIDATED DAMAGES.
3.1. Contract Times:
3.1.1. CONTRACTOR will achieve Substantial Completion within 70 days
from the date when the Contract Times commence to run as provided in
paragraph 2.03.A of the General Conditions, and Work will be completed and
ready for final payment and acceptance in accordance with paragraph 14.07 of
the General Conditions within 80 days from the date when the Contract Times
commence to run.
3.2. Liquidated Damages:
3.2.1. OWNER and CONTRACTOR recognize that time is of the essence of
this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph Contract Times above, plus
any extensions thereof allowed in accordance with Article 12 of General
BOI162340.DS.ZZ MARCH 20, 2002
00500 1 AGREEMENT FORM
Conditions. OWNER and CONTRACTOR also recognize the delays, expense,
and difficulties involved in proving in a legal or other dispute resolution
proceeding the actual loss suffered by OWNER if the Work is not completed
on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay OWNER
Three Hundred and Seventy Dollars ($370.00)
for each day that expires after the time specified in pazagraph Contract Times
above, for Substantial Completion until the Work is substantially complete.
3.2.2. After Substantial Completion, if CONTRACTOR neglects, refuses, or
fails to complete the remaining Work within the Contract Times or any
OWNER-granted extension thereof, CONTRACTOR shall pay OWNER
Two Hundred and Ten Dollazs ($210.00)
for each day that expires after the time specified in pazagraph Contract Times
above for completion and readiness for final payment.
3.2.3. OWNER shall recover such liquidated damages by deducting the
amount owed from the final payment or any retainage held by OWNER.
4
CONTRACT PRICE.
4.1. Contract Price:
4.1.1. OWNER shall pay CONTRACTOR the following estimated extended
total based on the conformed Bid, which is included as an Exhibit to this
Agreement.
Tti~TO hundred thirty four thousand fifty Dollars
(Words)
and nO
(Words)
Cents $ 234,050.00
(Figures)
subject to additions and deletions as provided in the Contract Document.
5
RETAINAGE.
5.1. Prior to final completion, OWNER shall retain from progress payments
5 percent of the value of Work completed, OWNER shall retain 5 percent of the value
of stored materials and equipment. Following Substantial Completion, OWNER shall
retain from progress payments an amount, not to exceed 5 percent of the value of the
Work complete, sufficient to ensure completion of the Work and to pay all Liens,
claims, or other obligations of the CONTRACTOR currently outstanding.
BOI162340.DS.ZZ MARCH 20, 2002
00500 2 AGREEMENT FORM
5.2. OWNER will release to CONTRACTOR all retainage for those separate
portions of the Work determined substantially complete by ENGINEER and accepted
by OWNER for use as intended.
6. CONTRACTOR'S REPRESENTATIONS.
6.1. In order to induce OWNER to enter into this Agreement, CONTRACTOR's
representations are as set forth as follows:
6.1.1. CONTRACTOR has familiarized itself with the nature and extent of
the Contract Documents, Work, site, locality, general nature of work to be
performed by OWNER or others at the site that relates to Work required by
the Contract Documents and local conditions and federal, state, and local
Laws and Regulations that in any manner may affect cost, progress,
performance, or famishing of Work.
6.1.2. CONTRACTOR has studied carefully reports of explorations and tests
of subsurface conditions and drawings of physical conditions which aze
identified in the Supplementary Conditions as provided in paragraph 4.02 of
the General Conditions, and accepts the determination set forth in
paragraph 4.02 of the Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which CONTRACTOR is
entitled to rely. CONTRACTOR acknowledges that such reports and drawings
aze not Contract Documents.
6.1.3. CONTRACTOR has obtained and cazefully studied (or assumes
responsibility for obtaining and cazefully studying) examinations,
investigations, explorations, tests, studies, and reports (in addition to or to
supplement those referred to above) which pertain to the conditions
(subsurface or physical) at or contiguous to the site or otherwise and which
may affect the cost, progress, performance, or famishing of the Work as
CONTRACTOR deems necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents, including
specifically the provisions of pazagraph 4.02 of the General Conditions; and
no additional or supplementary examinations, investigations, explorations,
tests, reports, or similaz information or data are or will be required by
CONTRACTOR for such purposes.
6.1.4. CONTRACTOR has reviewed and checked information and data
shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site and has included costs as
defined by pazagraph 4.04 of the General Conditions.
6.1.5. CONTRACTOR has correlated information known to CONTRACTOR
and results of such observations, familiarizations, examinations,
BOI162340.DS.ZZ MARCH 20, 2002
00500 3 AGREEMENT FORM
investigations, explorations, tests, studies, and reports with Contract
Documents.
6.1.6. CONTRACTOR has given ENGINEER written notice of conflicts,
errors, ambiguities, or discrepancies that it has discovered in the Contract
Documents and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR, and the Contract Documents aze generally sufficient to
indicate and convey understanding of terms and conditions for performing and
furnishing Work.
7
CONTRACT DOCUMENTS.
7.1. The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning Work aze defined in paragraph 1.O1.A.12
of the General Conditions.
7.2. Except for the Notice to Proceed, Drawings, and Addenda, these Contract
Documents aze also listed in the Table of Contents and are bound in one volume,
identified as Bidding Requirements and Contract Documents for the Construction of
Elevated Tank Repainting Project.
7.3. Drawings consist of a cover sheet and sheets numbered 1 to 3, inclusive with
each sheet bearing the following general title: "2002 Elevated Tank Repainting
Project".
7.4. Addenda numbers ~_ to ~_, inclusive.
7.5. Exhibits to this Agreement include:
7.5.1. Conformed Bid Form signed by CONTRACTOR.
7.5.2. Executed Performance and Payment Bonds and Maintenance and
Warranty Bond
7.5.3. Documents submitted by CONTRACTOR prior to execution of
Agreement; Affidavit of Payment and Securement of All Taxes.
8.
MISCELLANEOUS.
8.1. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation monies that may
become due and monies that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited bylaw), and
unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
BOI162340.DS.ZZ MARCH 20, 2002
00500 4 AGREEMENT FORM
8.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns,
and legal representatives to the other party hereto, its partners, successors, assigns,
and legal representatives in respect of all covenants, agreements, and obligations
contained in the Contract Documents.
IN WTINESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpoint each has been delivered to OWNER, CONTRACTOR, AND
ENGINEER All portions of the Contract Documents have been signed or identified by
OWNER and CONTRACTOR
O C err of M~~1to~AN
By ~Z,~be-rt' b. Corvi~, YHuti, oy
Date ~~
~~~~
C ~ ~ ~`~+
'[C
Address 1/~r
33 E.~~
., ~~l ZOU2-
~a ~ rF
0
RATE SE
sEAL
o~
potices ~.°' p
S T 1 S~ ' °2` ~~
4 .IQ.LC2 . \~~ .~``\~
-v-e rid ~ a ~ . ~ ,;~,otq'. `'' ~ 36 4'2-
CONTRACTOR
S&S Coatin s, Inc.
By Mark Schultz
Date 5/13/02
[CORPORATE SEAL]
Address for giving notices
815 N. Lily Rd..
Spokane, WA 99212
(ff OWNER is a public body, attach
evidence of authority to sign and
resolution of other documents authorizing
execution of Agr ment.)
License No. SSCOAI-066M7
Agent for service of process J o s e ph A. E s p o s i t o
421 W. Riverside, Spokane, WA 99201
(If CONTRACTOR is a corporation,
attach evidence of authority to sign.)
END OF SECTION
BOI162340.DS.ZZ MARCH 20, 2002
00500 5 AGREEMENT FORM
MINUTES OF ANNUAL MEETING
OF SHAREI•IOI~DERS, OFFICERS AND DIRECTORS
OF
S & 5 COATINC;S, INC.
Held Effective May 1, 2001
Pursuant to a Waiver and Consent, the undersigned Shareholders, Uflicers and Directors of 5 8c S
Coatings, f nc., hereby consent to these Minutes of Annual Meeting of Shareholders, Ufficars and
Directors held effective May I, 2001 and waive notice thereof.
Mark Schultz, the President of the corporation, indicalod that in order to secure a government
contract, a specific resolution authorizing either offic®rs or directors to execute contracts was required.
Upon motion duly ntado and seconcldd and unanimously adopted it wa.4:
RESOLVED that either Mark Schultz, President or Kenneth Schultz, a
Director he and they arc hereby authorised to execute any contracts fir
the performing of work and furnishing materials on behalf of S &c S
Coatings, [nc.
'I'hero being no further business to come before the meeting, it was adjourned.
DATED effective this 1st day of Mny, 2UU1.
Atte
Secretary
enl
Z ~Jdd I~~6rZ960S:Xd~ saa!3.t0 Mp~:QI S~:OT Wd ~i~, rt~5o v~z-~rJ ~~I~
CERTIFICATE.,
ON
S & S COATINGS, INC.
BE I,t RESOLVED that S & S Coatings, Inc. at a Special Meeting of Shareholders and Directors
duly and rogularly called adopted the following resolution.
That either Mark Schultz, President or Kenneth Schultz., a Director be
and they are hereby authorized to execute any contracts for the
performing of work and furnishing materials on behalf of S & S
Coatings, Inc.
THE UNDERSIGNED Secretary of tl~e Gurporation certit7es undor penalty of perjury pursuant to
the laws of the State of Washington that the foregoing is true and correct.
L7ATED this ~ day of May, 2UU2.
S cretary
3~dd T~z6bZ9605:Xa~ saa~~~p Mel;QI 89:OT Wd Z0~ bT~SO b~Z'°N ~~I~