2006 – McLeran Well DrillingSTANDARD FORM OT' AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF'A STIPULATED PRICE
THIS AGREEMEN f is aarcd tlr" 2412 day of October in the year 2006 by and between City of Meridian,
Ada Comty, Idaho (hereinafter called OWNER) and Mcleran Well Drilling, LLC (hereinafter called
CoNTRACTOR).
OWNER and CONTRACTO& in consideration ofthe mutual covenants hereinafter set forth, agree as follows
Article I WORK.
The CONTRACTOR will complete all Work as specified or indicated in the Agreement. The WORK is generally
described as follows:
The project includes line.shaft turbine pump removal from three waters wells at the Challenge
Creamery site in downtown Meridian.
The Project for which the Work under the Agreement is described as follows
Removal ofthree lin€-shaft turbitre pumping plants from three ground water wells located at the old
Challenger Creamery site in downtown Meridian, Idaho. The pumps will have to be removed through the roof
hatches ofthe old pump rooms ofthe creamery using a cable.tool lvork-over rig or pump cran€. Th€
Contractor may use any means ofdisassembling th€ pump columns including torch cutling the columns and
shaftitrg. The plrmp motors will be removed and loaded irto a truck but the columtrs and pumps will be
removed from the site by the contractor and scrapped.
After the pumping plants have been extmcted, the Contractor will arrange for a water supply to clear the water
columns in the welk for underwater inspection ofthe inside walls ofthe wells by Hydro Logic, Inc. who will
camera the wells at its earliest convenience after the wells have been cleared. Contractor will cap each well
with a welded steel cap sny time the well is left unattended.
Standrrd OsHA-rpproved safety measures will be observed at all times and hard hats sre required on site at
all times.
All materials and workmanship will meet the City of Meridian Standards for Public Works Projects and use
good practices according to the local standard ofcare. The Contractor should become familiar with the site
access and working conditions.
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 Contracl Documents in connection with completion of the Work in
accordance with the Contract Documents. Hydro Logic, lnc. will be the Engineer's on-site project manager for
scheduling and coordination ofthe pump removals.
Article 3 CONTRACT TIME.
The Work will be completed within fifteen ( l5) days (calendar days) from the date when the Contract Time
commences to run. Time is ofthe essence.
t0t27 /2006 Page I
Article 4 CONTRACT PRICE.
OWNER will pay CONTRACTOR for completion of the Work in cunent funds as follows: Total Contract Price is
Time and Materials but not to exceed $5,000 without prior approval.
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 after invoices have been reviewed and approved by Ed
Squtes of Hydro Logic, Inc.
Payments. The OWNER will make progress payments on account ofthe Contract Price on the basis of
CONfneCfOn's application for Piym€nt as recommended by the Public Works Departnent, on or about the 156
day ofeach month during construction for Applications submitted to the Public Works Department prior to the lst day
ofthat month. All progress payments will be on the basis ofthe progress ofthe work measured by the schedule of
values established in Article 4. The OWNER may retain up to 5% ofthe amount ofthe payment until final 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.
ArtiCIE 6 INTEREST.
All moneys not paid when due will bear intercst at l2o4 per annum or the maximum rate allowed by law at the place of
Project, whichever is less.
ArticleT CONTRACTOR'SREPRESENTATIONS.
In order to induce the OWNER to enter into the Ageement, the CONTRACTOR makes the following represenlations
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 thereofby ENGINEER is acceptable to CONTRACTOR.
Article 8 CONTRACT DOCUMENTS.
The Contract Documents, which comprise the entire agreement between the OWNER and the CONTRACTOR
conceming the Work, consist of the following:
8.1 This Agreement.
8.2
8.3
8.4
8.5
8.6
8.7
Exhibits to this Agreement Exhibit "A" (unit price schedute); Exhibit ,.8" (DESCRIPTIoN oF woRK)
Information For Bidden - N/A.
Drawings - N/A.
CONTRACTOR's Quote - October 24, 2006
1999 Idaho Standards for Public works construction, including Division 100, except as superseded by the
hformation For Bidders, contahed herein.
Revisions to the Standard Specifications and Special Provisions.
t0/?712006 Page 2
7.1 The CONTRACTOR has familiarized itself with the nature and extent of the Work site, locality, and all local
conditions and [.aws and Regulations that in any manner may affect cost, progress, performance or fumishing of
the Wodc
7.2 The CONTRACTOR has studied carefully all drawings of physical conditions.
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).
There are no Contract Documents other than those listed above in this Article E. The Contract Documents may only
be amended, modified or supplemented by written Change Order.
Articl€9 MISCELLANEOUS.
9.1 No assignment by a party hereto ofany rights under or interest in the Contract Documents will be binding on
another party hereto without the written consent ofthe parq/ 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 ofthis restriction may be limited by law), and unless specifically stated to the
contary in any written consent to an assignment no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Docum€nts.
9.2 OWNER and CONTRACTOR each binds itselfl its partners, successors, assigns and legal representatives to the
other party her€to, its partners, successors, assigns and legal representatives in respect ofall covenants and
obligations contained in the Contract Documents.
Article IO OTHER PROVISIONS.
None
lN WTNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart
each has been delivered to OWNE& CONTRACTOR and ENGINEER. All portions of rhe Contract Documents have
been signed or identified by OWNER and CO CTOR or by ENGINEER on their behalf.
The Agreement will be effective on /d 20 06
Owner CITY OF MERIDIAN Contractor MCLERAN WELL DRI LLING. LLC
By
Name:
fu/ro-9;By:
Name:Mavor De 'eerd David McLeran
oF{
App
stAtie
Nwill ame:
nd?7 cat'c t,
t0/2712006 Page 3
Attest:
Name:
'v
EXHIBIT *A"
MERIDIAN NEW CITY HALL SITE (CHALLENGE CREAMERY)
PUMPING PLANT REMOVAL PROJECT
UNIT PRICE SCIIEDULE
BIDOPENINGDATE: OCTOBER24,2006
Item Unit
Measure
L.S.
Estimated
Ouantity
Unit
Price
Total
Price
$ 1,s00
No.Item Descriotion
Mobilization and Demobilization
@.(iiit pric€ tu words)
Cable Tool Pump Pull Time (2 man crew)
Mcleran Well Drilling, LLC
x Ee? ,h40*..-....--'
$ 1.s00
l8 s 130
Total Estimated Price:
1
2
$ 2.340
$ 3.840
HR.
EXHIBIT "B"
DESCRIPTION OF WORK
General requirements for the cable tool cleaning and/or abandonment of the City of
Meridian's water supply wells at the old Challenge Creamery site (new City Hall).
1) Mobilization:
a. Mobilization includes all travel to and fiom the well site during the project.
b. Mobilization includes delivery/removal ofthe cable-tool rig and set up over the buildings
c. Mobilization bid item includes delivery/removal of all tools required, fuel, clean up, etc.
d. Mobilization bid item includes removal and disposal ofthe pumping plants from the site.
2)Cable-Tool Rie or Pump Crane Time:
a. A cable-tool work over rig or pump crane large enough to set up over a pump house and with a tall
enough mast to be able to lean over the building and insert/remove all required toolV equipment through a
roof hatch.
b. Includes a minimum of a two-man crew.
l\,4eridian City Council
October 24. 2006
Page I of 66
Bird: I have none.
Rountree: I have none.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: No questions, I move that we go ahead with the request to place the job shack -
or job hailer -
De Weerd: I hope it's not a shack.
Bird: We used to call them shack. Job trailer on the city's side of the public parking lot.
Rountree: I'll second the trailer.
De Weerd: Okay. I have a motion and a second. Just to be on the safe side, lwill ask
for roll call.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent
MOTION CARRIED: THREEAYES. ONEABSENT.
Discussion / Approval of Contract for Decommissioning
Wells on New City Hall Site:
De Weerd: Thank you. Okay. Mr. Baird - oh, is this yours or Len's?
Baird: Madam Mayor, lwill go ahead and handle this, unless Len -- it's, actually, very
simple. What's being brought before you tonight is the first phase of a two phase
project to assess the current status of the wells on the former creamery site and after
assessment you will be brought back a separate contract with specifics on how they will
be decommissioned. So, all you're approving tonight is something that, actually, the
Mayor could have approved herself. lt's 3,840 dollars for, basically, the assessment
where they will pull out the pumps and inspect the casings and determine what needs to
be done to properly decommission those wells. lf you have got technical questions I will
direct you over to Len. lf you have legal questions l'd be happy to respond.
De Weerd: Okay. Any questions for Ted or Len?
Rountree: I have none.
Bird: I have none.
2
t
Meridian City Council
October 24. 2006
Page 10 of 66
Grady: Just a comment. We are required to abandon those wells. So, it's not
something that's optional. So, that's why we are proceeding with the abandonment, so -
De Weerd: Thank you. Okay. I will need an approval of the contract
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Bird: Second.
Rountree: And authorize the Mayor to sign.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve the request in front of you
for a contract. Mrs. Smith, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, absent.
MOTION CARRIED: THREE AYES. ONE ABSENT.
De Weerd: Council, before we move from department reports, lthink you probably all
saw a copy of the check that's out in the lobby from Albertson's to the Meridian Food
Bank. That was a project from the Mayor's Youth Advisory Council. They had a food
drive this weekend and they got a commitment from Albertson's and the check was
presented on Saturday for 5,000 dollars to the food bank. As one of their efforts, the
additional effort they had was they raised between -- we still don't have the final
numbers, but somewhere between '1 ,600 and 1,800 pounds of food on Saturday they
collected. So, I think they went out and made a difference and it was quite the event.
And so I do want to bring that to your attention and appreciate the community activity of
Albertson's and we took a tour of the food bank, which is across the street. Signs Etc.
now has donated a sign, so you can actually see where the food bank is. Before they
had a sign on their glass door. But they serve a great number of families in our area, as
well as the valley. So, I will tell you that they did a great job on Saturday.
Item 7:Items Moved from Consent Agenda:
Okay. There were no items moved from the Consent Agenda.
Continued Public Hearing from October 17,2006; AZ 06-042 Request
for Annexation and Zoning of 20.18 acres from RUT to an R-8 zone for
De Weerd
Item 8:
Rountree: I move that we approve the contract for the decommissioning of the wells on
the New City Hall site in the amount of 3,840 dollars.