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Home My WebLink AboutIndependent Contractor Agreement with Irminger Construction for Well 21' • • EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the Z ~~ day of `1y ~ y in the year 2001 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. CONTRACTOR shall complete all Work as specified or indicated in the contract Documents. The WORK is generally described as follows: The work includes the construction of pumping facilities for Well No. 21 including site grading; gravel driveway; 16' x 28' concrete block pump house; vertical turbine pump and motor; discharge piping; electrical controls; heating, ventilation and air conditioning; and appurtenances The Project for which the Work under the Contract Documents is described as follows: WELL NO. 21 PUMPING FACILITIES. Article 2. ENGINEER The Project has been designed by the Civil Survey Consultants, Inc., who is hereinafter called ENGINEER and who 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. 3.1. The Work will be completed within one hundred twenty (120) days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Fifty dollars ($250) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, the OWNER may withhold moneys from the contract and complete remaining work as required. • • Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or fumishing of the Work. 7.2. CONTRACTOR has studied carefully all drawings of physical conditions which are identified in the Supplemental Conditions, as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in Article 4 of the Supplemental Conditions of the extent of the technical data contained in such drawings upon which CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or fumishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies, or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the ° Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that the Contractor has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 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. 9.3. 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. 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 _ 5u l~ Z , 2001. Owner CITY OF MERIDIAN Contractor IRMINGER CONSTRUCTION. INC. By: ~ ' gy; ~ r~ . Name: Rc Approved ~~+~ 'ATE SEA ~~ Address for g Name: ~~,c~ F. - ~rm•~gQ,,~ [CORPORATE SEAL] ~ Attest Address for giving notices 33 East Idaho Ave. Meridian. ID 83642 Public Works License No. ~~.~ - Q'Q - * (if CONTRACTOR is a corporation, attach evidence of authority to sign if other than President signing) C~ EXHIBIT "A" CITY OF MERIDIAN WELL 21 CONSTRUCTION Bid Date: 21-Jun-01 Page 1 oi'~ Est IRM/NGER CONST Item Item Descri tion Qty Unit Unit Price Est. Price 1a 1b 1c Mlsc. 6acavation and Gradin 12" thick - 8" Minus Uncrushed Gravel 4" Thick - 3/4" Minus Crushed Gravel 1 147 220 LS CY CY $9,000.00 $13.00 $15.00 $9,000.00 $1,911.00 $3,300.00 2 3 -Pass Structure Vertical Turbine Pump and Motor 1 1 LS LS $2,500.00 $28,000.00 $2,500.00 $28,000.00 4 Dischar a Piping 1 LS $15,000.00 $15,000.00 5 Pump House 1 LS $34,000.00 $34,000.00 6 Electrical 1 LS $45,600.00 $45,600.00 7 8 Heatin , VenU7ation and Air Conditionin T "P" surface Restoration 1 12 LS SY $11,000.00 $18.00 $11,000.00 $216.00 9a 10" Dia PVC Water Main 14 LF $30.00 $420.00 9b 12" Dia PVC Water Main 314 LF $25.00 $7,850.00 10a 10b 10" Dia Gate Valve, FL x MJ 12" Dia Gate Valve, FL x MJ 1 2 EA EA $1,000.00 $1,100.00 $1,000.00 $2,200.00 11 Concrete repair 1.6 SY $50.00 $80.00 12 13 6' Chain Link Fence Standby Generator Set 480 1 LF LS $13.50 $45,000.00 $6,480.00 $45,000.00 TOTAL PRICE ;213,557.00 Exhibit A.~ds / E~d~tibit A iVa