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HomeMy WebLinkAboutStandard Form of Agreement with MCLERAN WELL DRILLING for Well 17 Pumphouse STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE +4 THIS AGREEMENT is dated the 24 - day of January in the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and McLeran Wen Drilling, LLC 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 the set~up of a cable-tool drilling rig over the Meridian Well #17 pump house, the performance of well cleaning and clearing operations including scraping and wire brushing of the well casing, the bailing of the tail pipe, wire brushing of the well screens, the performance of well development techniques including high-pressure water jetting and isolation packer~pumping of the well screens, the potential emplacement of a steel liner if necessary, and removal of the equipment from the site. The Project for which the Work under the Agreement is described as follows: Rehabilitation of City Well #17. All replacement materials and workmanship will meet the City of Meridian Standard Specifications and Drawings. The CONTRACTOR will be familiar with the specifications. Article 2 ENGINEER and HYDROGEOLOGIST The City of Meridian Public Works Department wiJI be the ENGINEER. Hydro Logic, Inc. will be the HYDROGEOLOGlST who is to act as the OWNER's on site representative. The City of Meridian Public Works Department assumes all duties and responsibilities and has the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. It is envisioned that the CONTRACTOR will deal directly with, and take direction from, the HYDROGEOLOGIST except in the instance ofa dispute between the CONTRACTOR and the HYDROGEOLOGIST when the ENGINEER will have the final authority. Article 3 CONTRACT TIME. The Work will be completed within thirty (30) days (calendar days) from the date when the Contract Time commences to run. Time is of the essence. It is anticipated that, barring complications, the WORK may be accomplished within a period of two weeks. If this is possible, the City strongly encourages the CONTRACTOR to accomplish this as the Well #17 is needed as part of the City's municipal water supply. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: Total Contract Price is $20,500.00. Article 5 PAYMENT PROCEDURES. The CONTRACTOR will submit one Application for Payment after the work is completed. Application for Payment must be submitted to the Public Works Department. l/28/2006 Page Payments. The OWNER will make payment 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 the month for Applications submitted to the Public Works Department prior to the 1 st 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 payment until final completion and acceptance of all Work covered by this Agreement. Upon completion and acceptance ofthe Work, payment will be made in full, including retained percentages, less authorized deductions, within thirty (30) days. Article 6 INTEREST. All moneys not paid when due will bear interest at 12% per alUlUll1 or the maximum rate allowed by law at the place of Project, whichever is less. Article 7 CONTRACTOR'S REPRESENT A TIONS. In order to induce the OWNER 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 OWNER and the CONTRACTOR concerning the Work, consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement - N/ A. 8.3 Information For Bidders - N/A. 8.4 Drawings - N/A. 8.5 CONTRACTOR's Quote _19th of January, 2006. 8.6 1999 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 8.5 above are attached to this Agreement (except as expressly noted otherwise above). . 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. 1/28/2006 Page 2 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 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 and obligations contained in the Contract Documents. Article 10 INDEMNIFICATION. 10.1 The OWNER warrants that the anticipated work is proposed to be carried out in an aging, deep water supply well for which the details of well construction and the current down hole conditions in the well are not entirely known (and cannot be entirely known) by the CONTRACTOR. It is known that a corrosive environment exists because this appears to be at least partly the cause for the necessary rehabilitation and recent failure of the pumping plant. The OWNER shall indemnify and save harmless the CONTRACTOR from any and all liability, cost, claims, damages, losses, and expenses, including attorney's fees arising out of, or resulting from the failure of the well casing and/or well screen, collapse of the well, tools becoming lodged in the well, and/or loosening of the drive-on packer as a consequence ofthe CONTRACTOR's attempts to rehabilitate and repair the well or owing to the potentially compromised materials of construction. Indemnification of the CONTRACTOR does not include, cover, protect, or extend to any negligent action on the part of the CONTRACTOR or to any damaged resulting from the use of any faulty tool, apparatus, materials, and/or equipment employed by the CONTRACTOR. IN WITNESS 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 / /21 ' 2006. I Owner CITY OF MERIDIAN CONTRACTOR McLeran Well Drilling. LLC By: Sd/~ By Name: Mayor De rd David McLeran 9~ ?q .z~'t.. Attest: Name: 1/28/2006 Page 3