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HomeMy WebLinkAboutIndependent Contractor Agreement 1987 Bitterroot Construction, Inc. Secondary Clarifier Project1987 wA"FR LINE REPLACEMENT WEST FIRST, SF:~'^~}D AND THIRD STREETS ~"~RIDIAN, ADA COUNTY, IDAHO ---- CONTRACT THIS AGREEMENT, made this ~~ day of -JULY 1987, by and - between the City of Meridian, Idaho, hereinafter called the OWNER, and _' BITTERROOT CONSTRUCTION, INC. doing business as (ter-i7tdivi'daai) , yr (a- ~~F-~~~},-~ (a corporation) located in the City of BOISE County of ADA and State of IDAHO hereinafter called the CONTRACTOR. The OWNER and CONTRACTOR, in consideration of the mutual covenants here- inafter set forth, agree as follows: _ 1. WORR. The CONTRACTOR shall complete all Work as specified or indi- cated in the Contract Documents for the construction of the Secondary Clarifier Project. 2. ENGINEER_ The Project has been designed by the City of Meridian, who is hereinafter called ENGINEER and who will assume all duties and responsi- bilities and will have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIME. ~a. The Work will be substantially complete within thirty (30) calendar days after the date when the Contract Time commences to run as provided in Section 2.2.3 of the General Conditions, and completed and ready for final payment in accordance with Section 2.14.13 of the General Conditions within thirty-five (35) calendar days after the date when the Contract Time commences to run. b. Liquidated Damages: The OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer finan- cial loss if the Work is not substantially complete within the time as speci- fied above, plus any extensions thereof allowed in accordance with Section 2.12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, the OWNER and CONTRAC- TOR agree that as liquidated damages for delay, but not as a penalty, the CONTRACTOR shall pay the OWNER One Hundred Dollars ($100.00) for each day that expires after the time as specified above for substantial completion until the Work is substantially complete. 4. CONTRACT PRICE. The OWNER shall pay the CONTRACTOR for performance of the Work in accordance with the Contract Documents for the sum of EIGHTEEN THOUSAND TWO HUNDRED FIFTY EIGHT AND NO/100 Dollars ($ 18,258.00 ). -10- 5. PAYMENT PROCEllURE`~. fhe CONTRACTOR shall submit an Application for Payment in accordance with Section 2.14 of the General Conditions. Applica- tion for Payment will be processed by the OWNER as provided in the General Conditions. The OWNER shall make monthly progress payments on account of the Contract Price on the basis of the CONTRACTOR'S Application for Payment as approved by the OWNER during construction. All monthly progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Section 2.14.1 of the General Conditions. a. Prior to Substantial Completion monthly progress payments will be in an amount equal to ninety-five percent (950) of the Work completed less, in each case, the aggregate of payments previously made. b. Upon Substantial Completion, the OWNER shall pay an amount suf- ficient to increase total payments to the CONTRACTOR to ninety-five percent (950) of the Contract Price, less such amounts as the OWNER shall determine in accordance with Section 2.14.7 of the General Conditions. Upon final completion and acceptance of the Work in accordance with Section 2.14.13 of the General Conditions, the OWNER shall pay the remainder of the Contract Price as approved by the ENGINEER as provided in said Section .2.14.13. 6. INTEREST. All monies not paid when due as specified under Section 2.14 of the General Conditions shall bear interest at the current prime lending rate as established by the Farmers and Merchants State Bank plus two percent (2%) 7. CONTRACTOR'S REPRESENTATIONS. In order to induce the OWNER to enter into this Agreement the CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local condi- - tions and Federal, state and local laws, ordinances, rules. and regulations that in any manner may effect cost, progress or performance of the Work. 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between the OWNER and CONTRACTOR are made a part hereof and consist of the following: a. This Agreement b. Performance Bond c. Payment Bond d. Notice of Award & Acceptance of Notice of Award e. Notice to Proceed f_ General Conditions g. Owner's Supplemental General Conditions h. Contractor's Bid i. Technical Specifications j. Drawings, consisting of Sheet No. 1. -11- i ~. k. A3denda numbers to inclusive. 1. Documentation Submitted by Contractor m. Any modification, including Change Orders, duly delivered after _~ execution of Agreement. 9. MISCELLANEOUS. Terms used in this Agreement which are defined in Section 2.1 of the General Conditions shall have the meanings indicated in the _ General Conditions. No assignment by a party hereto of any rights 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 limita- tion, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), 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. The OWNER and CONTRACTOR each bind himself, his partners, succes- sors, assigns and legal representatives to the other party hereto, his part- ners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original. -12- This A+~reement will tie Pffective on ~ ~~ 1987. OWNER: (SEAL) EST: ~-''~ ~` 7 i ~~ Name:' Jack :.~Niemann `•...~t City Clerk (SEAL) AT S \ C~• ~ 1KAA,,,~ Name : C~11~A.~~e ~ _ 1 ~ (Type )~ cA~=-~1 Title : `J ~ ,~q CITY OF MERIDIAN r By: Name: Grant P. KincTSford Title: Mayor CONTRACTOR: L 7T T Cro~sT/2t.t.cTticyJ ~iJG. By: ~ ~ ~~_ Name : ~a~1X1G~ W . CoOIG. (Type) Title: ~lQ.ES~D4~' Address: Zt06 G1~1lppE~..1A $©45E , 1~ ~ 03~ c~ License No. 3(026 -A • 1 -13- ' i