Floor Refinishing Agreement
FLOOR REFINISHING AGREEMENT
This AGREEMENT, made on this ~~ay of June, 2b05, in Salina, Kansas between the
City of Salina, Kansas, hereinafter referred to as the "OWNER", and S&S Contracting,
hereinafter referred to as the "CONTRACTOR".
RECITALS
OWNER wishes to obtain the services of CONTRACTOR for a PROJECT involving the
refinishing of a maple floor for the Smoky Hill Museum, Salina, Kansas. CONTRACTOR
has negotiated the terms of such an agreement with OWNER and has agreed to the
terms as set forth hereafter.
AGREEMENT
The parties hereby agree as follows:
1.
TERM OF AGREEMENT
OWNER hereby retains CONTRACTOR and CONTRACTOR accepts such responsibilities
for the refinishing of a maple floor for the Smoky Hill Museum, Salina, Kansas.
PROJECT period will commence June 29, 2005 and terminate with completion of the
work on July 12, 2005.
2.
SCOPE OF CONTRACTOR'S SERVICES
CONTRACTOR agrees to accomplish the PROJECT, as specifically set forth.
a) Sand, fill, and finish all maple flooring on the Museum's 1st floor except in One
Keeper's Place. This includes:
. Museum Gallery
. Tool room and hallway near restrooms on west side
. Museum Store
. Back hallway near kitchen and back door
b) Finish floor with three coats of commercial grade high gloss tinted finish.
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c) Provide dust collection system and masking to protect office, collections areas,
and Museum Store.
d) CONTRACTOR is responsible for proper disposal of all construction material.
e) CONTRACTOR agrees to abide by the City of Salina's Contractor's Insurance
Requirements.
OWNER agrees to provide to CONTRACTOR:
a) OWNER will work with CONTRACTOR to develop a work schedule that fits within
the Museum's normal operating hours.
b) OWNER will provide access to all areas of maple flooring on the first floor.
c) OWNER will handle CONTRACTOR'S requests for information in a timely manner to
avoid work delays.
d) OWNER will conduct final review of PROJECT within 15 days following completion
of work.
CONTRACTOR TO COMPLY WITH ALL APPLICABLE LAWS AND OBTAIN ALL
APPLICABLE PERMITS
In fulfilling its obligation under the Agreement, the CONTRACTOR, their agents and
employees shall comply with all Federal, State and City laws, ordinances, regulations
and requirements which in any way affect the construction of the PROJECT.
3.
4.
PERFORMANCE OF DUTIES
CONTRACTOR agrees that he, and any person representing him, shall perform at all
times faithfully, industriously, and to the best of their ability, experience, and
talents, all of the duties that may be required to complete the project described
hereunder and shall devote such time to the performance of such duties as may be
necessary .
5. CONTRACTOR'S COMPENSATION AND SCHEDULE
a) The OWNER shall pay an amount not to exceed nine thousand nine hundred eighty
dollars ($9,980.00) for services provided by the CONTRACTOR under this
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Agreement. OWNER shall pay CONTRACTOR upon successful completion of the
work.
b) Payment shall be subject to OWNER'S review of' product workmanship and
conformance with Scope of Services, as included in Section 2. CONTRACTOR'S
acceptance of the payment shall discharge all of OWNER'S payment obligations
under this Agreement.
c) OWNER shall not pay CONTRACTOR for work incidental to changes required by
CONTRACTOR'S errors or omissions. CONTRACTOR shall be responsible for
additional costs incurred as a result of their own errors or omissions. "Additional
costs" means those costs that can be reasonably determined to be in excess of
what was approved by the OWNER.
6.
CONTRACTOR'S WARRANTIES AND GUARANTEES
The CONTRACTOR warrants the PROJECT for the following:
a) CONTRACTOR'S work will continue to be free from faults of material and
workmanship for a period of one (1) calendar year after completion. This
warranty shall apply only to that work which is entirely that of the CONTRACTOR
or of the CONTRACTOR'S agents or employees.
b) If the PROJECT fails to comply with subsection a. the CONTRACTOR, at the
CONTRACTOR'S own expense shall remedy the problem to the OWNER'S
satisfaction within a reasonable period of time as determined by the OWNER.
7. INDEMNIFICATION CLAUSE
The CONTRACTOR agrees to indemnify and save harmless the City of Salina, their
officials, agents, servants, officers, directors and employees from and against all
claims, expenses, demands, judgments and causes of action for personal injury or
death or damage to property where, and to the extent that, such claims, expenses,
demands, judgment or causes or action arise from the CONTRACTOR'S negligent acts.
8. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION
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During the performance of the contract, the CONTRACTOR will not discriminate
against any employee or applicant for employment in the performance of said
contract and every Contractor shall include similar I provisions in all subcontracts under
his contract with the OWNER. The CONTRACTOR shall observe all provisions of
Sections 13-131; 13-132; 13-133, and 13-134 of the Salina Code.
9.
NON-ASSIGNMENT
Neither party may assign any of its rights under this Agreement without the prior
written consent of the other party.
10.
DEFAULT AND REMEDIES
If the CONTRACTOR willfully or negligently fails to fulfill in a timely and proper
manner, or otherwise violates any of the covenants, agreements, or stipulations
material to this Agreement, the OWNER shall have the right to give written notice of
default to the CONTRACTOR, defining the default(s) and date by which the default(s)
must be remedied to avoid termination of this Agreement. The CONTRACTOR shall
have thirty (30) calendar days after receipt of the notice to remedy the default(s).
11. TERMINATION
a) The OWNER may, at its option, without further notice or demand upon
CONTRACTOR, immediately cancel and terminate this Agreement and terminate
each, every and all of the rights of CONTRACTOR and of any and all persons
claiming by or through CONTRACTOR under this Agreement, if any of the following
events occur:
1) At any stage of the work the CONTRACTOR abandons the PROJECT; or
2) CONTRACTOR defaults in the performance of the Agreement, as described in
Article 10 of this Agreement, and fails to remedy such default within thirty (30)
calendar days following the service on the CONTRACTOR of a written notice
from the OWNER specifying the default(s) complained of and the date on which
its rights will be terminated as provided if such default(s) are not remedied; or
3) CONTRACTOR files a voluntary petition bankruptcy; or
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4) CONTRACTOR is adjudicated as bankrupt; or
5) CONTRACTOR makes a general assignment for the benefit of creditors.
b) In the event the OWNER elects to terminate this Agreement, the OWNER shall pay
CONTRACTOR the reasonable value of completed portions of work that have been
inspected and accepted by OWNER up to the date of termination, but not to
exceed the amounts as scheduled in the Agreement.
12.
MODIFICATIONS
This agreement represents the entire agreement between the OWNER and
CONTRACTOR and supersedes any and all prior negotiations and agreements either
written or oral. Modification to this contract may be made by mutual agreement and
must be made in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date written
below.
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OWNER: ~~ ~./-- -
Dennis M. Kissinger, City of Salina
co~~mR:~~~
Steve Suenram, S&S Contracting
,~
Date
J ~" r?/--- 7- r- ð r
Date
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Salina
Contractor1s Insurance
Reqüiremen~
The following requirements shall not be construed to limit the liability of the Contractor or It's
insurer(s). The City does not represent that the specified coverages or limits of insurance are
sufficient to protect the Contractors interests or liabilities. F¡?equired coverages are to be maintained
. without interrupüon from the date of the commencement of the work unfil date of final payment and
termination of any coverage required to be maintained after final payment. Quesfions regarding
these requirements should be directed to Nancy Schuessler, Risk Management Specialist àt (785)
309-5705.
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Commercial General Liability Insurance j
The Contractor.shall provide public liability insurance coverage in an amount no less than
$500,00.0 covering the liability of the Contractor and any and all consultants, agents,
independent contractors, etc. which are employed or retained by the Contractor, on an .
occurrence basis.. The insurer must be acceptable to the City of Salina. Upon review of each
project, the Risk Management Department may require higher or lower coverage limits.
In lieu of the above .còverage, 'the ContraCtor may provide coverage for hi~ own finn in the
. above amount or an additional amount and submit proof all his consultants, agents and
independent contractors have insurance deemed adequate by the City of Salina.
. Automobile Liability. .
The Contractor shall provide coverage protecting the çontractor against claims for bodily injury
. and/or property damage arising out of the ownership or use of any owned, hired and/or non-
owned vehicle. Required minimum limits: $500,000 each accident, combined single limits,
bodily injury and property damage. .
Worker's Compensation
Before beginning work, the Contractorshall furnish to the City satisfactory proof that he has
taken out, for the period covered by the work under this cOntract, full workers' compensation
c.overage as required þy state law for all persons who he may employ' directly, or through
subcontractors, in carrying out the work contemplated under this contract, and shall hold the
City free and'hannless for all personal injuries of all persons who the. contractor may employ
directly or through subcontractors. . . '. .
Certificate(s} of Insurance .
Certif!cate(s) of Insurance acceptable to the City shall be filed with the City at the tfme the
contract between the City and the Contractor is executed. These certificates shåll contain a
provision that coverage afforded under the policies will not be cancelled or substantially'
changed Lintil at least thirty (30) days prior written notice has been given to the City and
acknowledged. Note: if the Contractor is subject to worker's compensation law a certificate
shall be provided. .
Notice of Claim .
The Contractor, upon receipt of notice of anYciaim in excess of $1 ,000 in connection with this
contract shall promptly notify the Risk Management Department, (785) 309-5705, providing full
details thereof, including an estimate of the amount of loss or liability.
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Indemnification Clause . f, .
The Contractor agrees to indemnify and save harmless the City, its offida:ls, agents, servants,
officers, directors and employees from and against all claims, expenses, demands,
judgements and causes of action for personal injury or death or damage to property where,
and to the extent that, such claims, expenses, demands judgement or causes or action arise
from the Contractor's negligent acts.
Rev. 1/05