Independent Contractor Agreement 1988 Water Line Replacement Project Masco, Inc. Contract
1988 WATER LINE REPLACEMENT
N.W. SEVENTH, N.W. EIGHTH AND CARLTON STREETS
MERIDIAN, ADA COUNTY, IDAHO
CONTRACT
THIS AGREEMENT, made this 9 '~ day of ,~~~"-Yi ~-~~`-~-~ 1988, by and between
the City of Meridian, Idaho, hereinafter called the OWNER, and
MASCO , INC . doing business as (~MXXrx~IiXX~ , or ~
~~~~x}~), or (a corporation) located in the City of MF.RTTITAN County
of ADA and State of IDAHO hereinafter called the
CONTRACTOR.
The OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1. WORK. The CONTRACTOR shall complete all Work as specified or
indicated in the Contract Documents for the construction of the Water Line
Replacement 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
responsibilities 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
financial loss if the Work is not substantially complete within the time as
specified above, plus any extensions thereof allowed in accordance with
Section 2.12 of the General Conditions. They also recognize the delays,
expense and difficulties 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
CONTRACTOR agree that, as liquidated damages for delay, but not as a penalty,
the CONTRACTOR shall pay the OWNER One Hundred Dollars (5100.00) 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 Twenfiy three
Thousand Nine Hundred Eiaht~ nne Dollars (S 23.981.00 ).
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5. PAYMENT PROCEDURES. The 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 (95~) of the Work completed,
less, in each case, the aggregate of payments previously made.
b. Upon Substantial Completion, the OWNER shall pay an amount
sufficient to increase total payments to the CONTRACTOR to ninety-five percent
(95$) 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 2.14.3 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
conditions and Federal, state and local laws, ordinances, rules and regula-
tions that in any manner may affect 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 and 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.
k. Addenda numbers _ to _, inclusive.
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1. Documentation submitted by CONTRACTOR.
m. Any modification, including Change Order, duly delivered after
execution of the 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
limitation, 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-
sots, assigns and legal representatives to the other party hereto, his
partners, 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.
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• .- •
This Agreement will be effective on 1988.
OWNER:
CITY OF MERIDIAN
~~~ ~
~~
(SEAL) By: -~_` ,f:= `-~~ ~,.,
itl~: City Clerk
~.
(SEAL)
i I / ~
Name : J ~ ~ ~:~ n-~ ~~i~l' /~-
Name: Grant P. Kingsford
Title: Mayor
CONTRACTOR:
MASCO. INC.
~ f'nC
By:
Name • Doua ,yes R . McMaster
Title: President
Address: 4821 MacArthur
Boise, Idaho 83705
License No. 5864 AAA-1-2
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