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HomeMy WebLinkAboutStandard Form of Agreement with Irminger Construction for Kodiak PRV City of Meridian Public Works Dept. RECEIVED JUL 1 0 2006 City Of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Kyle Radek, P.E., Staff Engineer cc: File Date: 7/6/06 ~lL Re: Contract with Irrninger Construction for Kodiak Pressure Reducing Valve Attached is the original above referenced document for your files. . Page 1 '" STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated the 6:t! day of ?Vi- 'Y in the year 2006 by and between City of Meridian, Ada County, Idaho (hereinafter called OWNER) and Irminger Construction (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: All labor and materials and permits required to construct the Kodiak Pressure Reducing Valve as detailed in the cover letter and construction plans for this project provided to the contractor on May 30, 2006. 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 detail in the Construction Plans 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 July 31,2006. Article 4 CONTRACT PRICE. OWNER will pay CONTRACTOR for completion of the Work in current funds as follows: $49,058. 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 ofthe 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 1 st day of that month. All progress payments will be on the basis of the progress ofthe 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 [mal 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. 6/16/2006 Page Ion '. 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 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 Construction Plans and cover letter. 8.4 CONTRACTOR's bid. 8.5 2005 Idaho Standards for Public Works Construction, including Division 100, except as superseded by the Information For Bidders, contained herein. 8.6 Revisions to the Standard Specifications and Special Provisions. 8.7 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.8 The documents listed in paragraph 8.2 above are attached to this Agreement (except as expressly noted otherwise above). 8.9 City of Meridian Standard Specifications & Drawings - 2002 8.10 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. 6/16/2006 Page 20f3 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 OTHER PROVISIONS. None 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. 6 The Agreement will be effective on :Jt/l- .., ,2006. OWNER CONTRACTOR Owner Contractor Irminger Construction :t By: ~. \.4 --1-- Name: Q.A.Q.l.... ~ :1Q.'\y\ \N(..,t~ * ,. .- Attest Attes4ll~~ Address for giving notices 33 East Idaho Ave 3473 Brookside Lane Meridian. ID 83642 Boise. ID 83714 Public Works License No. 11844-AAA-3 * (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) 6/16/2006 Page 30f3