Loading...
20070057 Decommissioning Contract5410 189TH ST E RICHARDSON WELL DRILLING COMPANY P.O. BOX 44427 PUYALLUP, WA 98375 TACOMA, WA 98448 253 - 537 -7332 OFFICE www.richardsonweildrilling.com 253-537-7896 FAX F— DRILLING CONTRACT fX DECOMMISSIONING CONTRACT THIS AGREEMENT made and PntPrPri into by and hPtwPPn RICHARDSQN WELL DRILLING CO_ (Drilling Contractor) and BOWEN CONSTRUCTION INC. address 28414 SR 410 E BUCKLEY WA 98321 E -MAIL: Bowen_Construction @msn.com Phone H W (Purchaser). M (253) 208 -9412 Fax # A. TERMS OF AGREEMENT 1. The purchaser hereby engages and employs the Drilling Contractor who agrees for and inconsideration of the terms, provisions, conditions and agreements herein contained, and for the contract price herein listed for the work specified, to attempt to drill or decommission one or more wells on the following described real property known by purchaser commonly as: 9405 CULLENS RD SE situated in Thurston County, Washington, more particularly described as follows: Legal description NE 1/4, NE 1/4, sec. 24 T. 17N R. 1E Parcel # 21724110700 Lot # 2. Directions to the '« "" ~r above property 3 Vicinity: YELM Scope of Work: F- WELL DRILLING FX— DECOMMISSION r RESEAL a. Minimum depth of well: N/A b. Maximum depth of well: DEPTH UNKNOWN - ESTIMATED @ 100' c. Gallons per minute desired: N/A d. Casing size: 6" e. Approximate starting date: WEEK OF 10 -6 -2016 CUSTOMER ACCEPTS FULL RESPONSIBILITY FOR LOCATION OF WELL ON PROPERTY. CLIENT TO PROVIDE ACCESS. MAY NEED A DIRT RAMP BUILT OVER CURB AND SIDEWALK f. Comments: TO ALLOW PUMP TRUCK AND GROUT TRUCK TO DRIVE OVER. APPROX 30,000 LBS. TERMS OF AGREEMENT CONTINUED Richardson Well Drilling Co. ON THE BACK OF PAGES 1 AND 2 Drilling Contract- Page 7 Initials TERMS OF AGREEMENT CONTINUED All work shall be done as set forth in part B of this Agreement and shall be considered completed when drilling has been done as set forth herein or Purchaser requests drilling be stopped, or Drilling Contractor feels continuation of drilling operations would be impractical. 4. The well will be terminated twelve (12) inches above the top of the ground in compliance with State regulations. 5. Purchaser hereby grants Drilling Contractor a security interest in materials and equipment furnished by the Drilling Contractor to secure payment of all money when due and agrees, in the event of default by Purchaser, Drilling Contractor has all remedies provided by law including, but not limited to repossession of pumps and equipment installed and /or suit for balance due. In the event of any action to enforce the provisions of the Agreement, to collect any sums due or to take possession of any such pumps and equipment, in addition to other fees and costs involved, the undersigned agrees to pay all collection costs and /or attorney fees. Purchaser agrees that all pumps and equipment will remain personal property and will not become fixtures. 6. It is understood and agreed by the parties that the Drilling Contractor: a. Is an independent contractor and not an employee or agent of Purchaser. b. Shall determine the time, manner, means and method of doing the work. c. Shall furnish all labor, tools and machinery necessary to carry out his part of this contract, and shall prosecute the work under this contract diligently and in good workmanlike manner. d. Agrees that the Purchaser will not be responsible in case of any accident or injury to persons or employees in connection with the drilling operations, and further agrees to carry the necessary insurance to cover such situations. e. Agrees to save the Purchaser harmless from any and all liens for material and labor supplied by the Drilling Contractor. f. Agrees to keep an accurate record of the character of all strata passed through in the drilling, of water levels, of casing used, of perforations made (if any), and of the size and location of any and all other materials and equipment installed, and to furnish the Purchaser with a copy of same upon completion. g. Warrants that the well (wells) shall be serviceably straight, round, all within generally accepted tolerances, and of full size, so as tc allow the installation and operation of pumping equipment designed for a hole of that nominal diameter. The pump and other equipment installed by Drilling Contractor are covered by manufacturer's warranties which are supplied to purchaser. Drilling Contractor makes no warranties upon such equipment. Drilling Contractor makes no other representations or warranties other than as set forth in this contract. 7. It is understood and agreed that the Purchaser: a. Here warrants that he has full right and authority to enter into this contract and to authorize the Drilling Contractor to drill upon the above described land. b. Does hereby grant to the Drilling Contractor, his officers, agents and employees, full right to ingress and egress to and from said previously described land for the purpose of performing this contract and doing such acts incidental thereto as may reasonably be necessary in connection with such performance. c. Will provide, at no charge to the Drilling Contractor, such space at the drill site and its proximity, as the Drilling Contractor may desire for pits, dumps, machinery and the storage of material and equipment which may be required under this contract, and save the Drilling Contractor harmless in the event of accidental damage to crops, buildings, trees, fences, walks or any other property upon or adjacent to such site. d. Hereby permits the Drilling Contractor to dump all drill cuttings, water and debris taken out of the hole during the progress of the work, around and about the drill site at such places and in such manner as the Drilling Contractor may choose and the Drilling Contractor shall not be called upon to remove the same. e. Hereby takes full responsibility for selecting the exact site of the drilling. Should it occur that the earth conditions will not reasonably permit drilling of a hole in the spot picked by the owner in conjunction with the Drilling Contractor, and the Drilling Contractor finds it necessary to make a move due to the earth conditions, the price shall be at the same rate as herein TERMS OF AGREEMENT CONTINUED BACK OF PAGE 2 Initials B. DRILLING WORK AND ESTIMATED PRICE 1. Well site inspection and /or permit ( if required) Owner Responsibility 2. Department of Ecology start card fee $ 0.00 3. Mobilization and demobilization $ 0.00 4. Well drilling and casing estimated depth 0 ft. at $ 0.00 per ft. $ 0.00 5. 18 foot surface seal $ 0.00 6. 0 inch drive shoe $ 0.00 7. Overlapping casing, 0 size, est. length 0 ft. at $ 0.00 per ft. $ 0.00 8. Well screen and installation, est. 0 ft. at per 5 ft. section $ 0.00 9. Any additional equipment or materials needed to access drill site ( i.e., bu lld ozer,g ravel) Owner Responsibility 10. Well developing and surging (1 hour furnished at no charge - additional hours if required) est. 0 hrs at $ 0.00 per hour $ 0.00 11. Fuel surcharge $ 0.00 12. Misc. work DECOMMISSION EXISTING WELL PER ATTACHED ESTIMATE 42615B0� $3,070.00 IF FOR RESALE Estimated sub -total $3,070.00 1(the buyer) certify that I am purchasing the items /service for resale in the regular course of Estimated sales tax 7.9 % $ 242.53 business without intervening use in the regular course of business. Estimated total $3,312.53 Down payment $ 0.00 Buyer's UBI /Revenue Registration Number Estimated balance due on completion $3,312.53 Notes: PAYMENT IN FULL FOR WELL DRILLING WORK IS DUE UPON COMPLETION 1. Upon completion of well drilling, Drilling Contractor will provide a cost estimate for pump, tank, fittings, etc. If installation of pumping equipment is authorized by Purchaser, all terms of this agreement shall apply. 2. In addition to all amounts set forth in paragraph 5 of part A above, entitled, Terms of the Agreement, Purchaser agrees to pay interest at the highest rate allowed by law on any of the balances set forth above which are not paid to the Drilling Contractor when due. PURCHASER BOWEN CONSTRUCTION INC RICHARDSOIV WELL DRILLING CO. Signed: ( '- By: Date Signed: Initials Date Signed: ,/"Q Richardson Well Drilling Co. Drilling Contract- Page 2 TERMS OF AGREEMENT CONTINUED mentioned for the first hole. The move shall be treated as a new hole for all purposes. The Drilling Contractor shall make such suggestions as he deems pertinent to location from the viewpoint of sanitation concerns and to be in compliance with respect to State Health Department rules, regulations or recommendations. Any statements made by Drilling Contractor are recommendations and suggestions only and shall not be construed as representations as to where the hole should be drilled. f. Hereby agrees that the Drilling Contractor shall, at any time after ten (10) days of Purchaser's default in payment as hereinabove provided, have the right and permission to go upon the premises without guilt of trespass and reclaim and recover any materials installed by the Drilling Contractor in the hole, including casing. It is specifically agreed that casing and all other materials installed in the hole by the Drilling Contractor shall be deemed personal property unattached to the realty until fully paid for as herein provided. g. Will save harmless and indemnify Drilling Contractor from any claims, damages, and expenses including attorney fees incurred by the Drilling Contractor resulting from pollution of the water source, ground water and areas in the vicinity of the drilling operation. 8. It is Understood and Agreed by Both Parties: a. That neither can tell exactly what will be found underneath the surface of the earth and that the work of the Drilling Contractor hereunder is subject to those conditions which he may find underneath the surface; therefore: i. The Drilling Contractor does not agree to find or develop water, nor does he represent, warrant or guarantee the quantity, quality, or kind of water, if any, which may be encountered. All operations are at the risk of the Purchaser and failure to strike water shall in no way release the Purchaser from payment of the full contract price. ii. The Drilling Contractor shall drill the hole (holes) with the diameter and casing sizes as specified previously as long as such a program remains practicable considering the nature of the material being drilled. When, in the opinion of the Drilling Contractor, it becomes impractical to proceed as specified, he may proceed with the drilling using the smaller size hole diameter and casing size most practicable to be used. If the Purchaser deems it impractical for his purposes and orders the Drilling Contractor to discontinue all drilling operations or if the Drilling Contractor deems that it is impractical to continue, work shall cease and Drilling Contractor shall be paid for all work performed according to the terms of the Agreement. The drilling price shall remain the same as for the specified size, unless otherwise herein specifically provided. iii. The Drilling Contractor shall not be liable for any damage arising out of any delay or failure due to the hazards of drilling, but in the event of unreasonable delay or failure, this contract may be terminated by the Purchaser, upon payment of the Drilling Contractor for all drilling done and materials installed. a. That the starting date is an approximate date only, it being agreed that if the drilling equipment necessary for the work herein contemplated is, without fault of the Drilling Contractor, detained on other jobs, then the Drilling Contractor shall not be responsible or liable to the Purchaser for any damages of any nature occasioned by any delay in commencing performance hereunder. In the event the commencement of performance by the Drilling Contractor is so delayed for a period of thirty (30) days, the Purchaser may, at his option, terminate this contract, and neither party shall in such event be liable to the other for any damages of any nature whatsoever. b. That if the performance of any of the Drilling Contractor's obligations hereunder is materially hampered, interrupted, delayed, or interfered with by reason of fire, casualty, lockout, strike, labor conditions, unavoidable accident, riot, war (whether declared or undeclared), act of God or by the enactment of any Municipal, State or Federal Ordinance or Law, or by the issuance of any executive or judicial order or decree, whether Municipal, State or Federal, or by any other legally constituted public authority, or by any other cause beyond the reasonable control of the Drilling Contractor, then during the continuance of any such event, the Drilling Contractor, at his sole option, shall be relieved of the performance of his obligations hereunder. C. That this Agreement shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the parties respectively. d. That this instrument contains the entire agreement between the parties hereto and that no warranty, express or implied, representation, promise, statement or inducement made by either party hereto or by any agent or employee of either party, which is not contained in this written Agreement shall be binding or valid. e. Notice to Purchaser: you are entitled to a copy of the contract you sign. Initials PO BOX 44427 TACOMA WA 98448 SINCE 1939 (253) 537 -7332 Name: BOWEN CONSRUCTION Estimate - 426'.1 - �', 0IYY Address: Date: 9/2/2016 City, ST, Zip Jobsite 9405 CULLENS RD SE YELM Phone: 253 - 208 -9412 PARCEL 21724110700 Email: WELL DECOMMISSIONING Qty Size Description Unit Price Extended Price DECOMMISSION EXISTING WELL DIAMETER - 6" STEEL DEPTH - UNKNOWN. USE 100' FOR ESTIMATE 1 D.O.E. NOTICE OF INTENT FEE' $50.00 $50.00 100 6" CASING PERFORATING AND GROUTING $26.00 $2,600.00 10 EST BAGS BENTONITE QUICKGROUT $27.00 $270.00 1 HR EST PUMP REMOVAL $150.00 $150.00 CLIENT TO PROVIDE ACCESS TO WELL HEAD. $0.00 Subtotal: $3,070.00 Sales Tax: 7.90% $242.53 i Grand Total: L $3,312.53 IF UNKNOW WELL / CASING CONDITIONS DO NOT ALLOW FOR PERFORATING AND GROUTING, ALTERNATE METHODS WILL BE DISCUSSED AND PRICED ACCORDINGLY. Prepared By: BOYD DART i;`]'';F ] ... Richardson Well Drilling Co. Inc. P. O. Box 44427 Tacoma, WA 98448 NOTICE TO CUSTOMER This contractor is registered with the state of Washington, registration no. RICHAW *3210B and has posted with the state a bond or deposit of $6,000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration is 06/01/2017 THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $6,000.00 that you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED. If any supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "LEIN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries. 1 have received a copy of this disclosure statement. Signature of customer)