HomeMy WebLinkAboutStandard Form of Agreement with Irminger Construction for Waltman Lane Sewer Extension
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STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated the / In.. day of /is)?v#'1 in the year 2006 by and between City of
Meridian, Ada County, Idaho (hereinafter called OWNER) and Irminger Construction, Inc. (hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:
Article 1
WORK.
The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally
described as follows:
The Project includes all labor, materials, and permit fees required to construct the Waltman Lane Sewer
Extension under Tenmile Creek as detailed in the construction plans for this project dated 1/18/06, the Corps
of Engineers Permit for this project dated 12/30/05, and the license agreement with the Nampa Meridian
Irrigation District for this project.
All materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The
Contractor should become familiar with the specifications.
Detailed Description of Work
The work is described in Figure 1.
Article 2
ENGINEER
The City of Meridian Public Works Department will be the ENGINEER. The City of Meridian Public Works
Department is to act as OWNER's representative, assume all 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.
Article 3
CONTRACT TIME.
The Work will be completed by March 15,2006. Time is of the essence.
Article 4
CONTRACT PRICE.
OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $32,937
Article 5
PAYMENT PROCEDURES.
The CONTRACTOR will submit an Application for Payment upon completion of the Work. Applications for
Payment must be submitted to the Public Works Department.
Payments. The OWNER will make progress payments on account of the Contract Price on the basis of
CONTRACTOR's Application for Payment as recommended by the Public Works Department, on or about the 15th
day of each month during construction for Applications submitted to the Public Works Department prior to the 1st day
of that month. All progress payments will be on the basis of the progress of the work measured by the schedule of
values established in Article 4. The OWNER may retain up to 5% of the amount of the paym~nt until fmal completion
and acceptance of all Work covered by this Agreement. Upon completion and acceptance of the Work, payment will
be made in full, including retained percentages, less authorized deductions, within thirty (30) days.
1/30/2006
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Article 6
INTEREST.
All moneys not paid when due will bear interest at 12% per annum or the maximum rate allowed by law at the place of
Project, whichever is less.
Article 7
CONTRACTOR'S REPRESENTATIONS.
In order to induce the O\VNER to enter into the Agreement, the CONTRACTOR makes the following representations:
7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work, site, locality, and all local
conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of
the Work.
7.2 The CONTRACTOR has studied carefully all drawings of physical conditions.
7.3 The CONTRACTOR has given Public Works Department written notice of all conflicts, errors or discrepancies
that he has discovered and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8
CONTRACT DOCUMENTS.
The Contract Documents, which comprise the entire agreement between the O\VNER and the CONTRACTOR
concerning the Work, consist of the following:
8.1 This Agreement.
8.2 Exhibits to this Agreement - NI A.
8.3 Information For Bidders. - Corps of Engineers Permit
8.4 Drawings.
8.5 CONTRACTOR's Quote.
8.6 2005 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the
Information For Bidders, contained herein.
8.7 Revisions to the Standard Specifications and Special Provisions.
8.8 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.9 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise
above).
8.10 City of Meridian Standard Specifications & Drawings - 2002
8.11 EJCD General Conditions
There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only
be amended, modified or supplemented by written Change Order.
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Article 9
MISCELLANEOUS.
9.1 No assignment by a party hereto of any rights under or interest 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.
9.2 O\VNER 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 and
obligations contained in the Contract Documents.
Article 10 OTHER PROVISIONS.
None
IN WI1NESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have
been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
The Agreement will be effective on / .:?
By:
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.-L /t/G
Attest
1/30/2006
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