HomeMy WebLinkAboutIndependent Contractor Agreement Amendment with Pipeline Inspection Services, Inc. for Sewer Line, Cleaning, Maint., TV and Inspection Services (2)E IDIAN~~--
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CITY OF MERIDIAN
CONTRACT AMENDMENT
CONTRACTOR NAME: DEPARTMENT NAME:
Pipeline Inspection Services, Inc Public Works
ADDRESS: ADDRESS:
P O Box 3023 33 E. Broadway Ave, Ste. 200
Nampa, ID 83653 Meridian, ID 83642
CURRENT CONTRACT INFORMATION:
Amendment Date: 8/11/09 Previous Amendments: 0
Current Contract Dates: START: 1/6/2009 COMPLETION: 9/30/2009
Current Contract Amount (Inclusive of Prev/ous Amendments to Date): $75.893.50
CHOOSE ONE AMENDMENT COLUMS BELOW, either "STANDARD AMENDMENT" or "AMENDMENT TO EXERCISE
OPTION TO RENEW' and check off any applicable amendments under that column.
STANDARD AMENDMENT AMENDMENT TO EXERCISE OPTION TO RENEW
(Check all that apply) (Check all that Anvly)
Amendment to Contract Performance (Scope) _ Amendment to Contract Performance
Amendment to Contract Dates Amendment to Contract Dates
Amendment to Contract Amount X Amendment to Contract Amount
Other: (Explain) _ Other: (Explain)
DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant•documentat/on detall/ng amendment):
Amend the FY 2009 Sewer Line Cleaning, Maintenance, TV and Inspection contract to Include additiona1200,000 LF of 8
Inch sewer at $0.25/LF ($50,000). The work will be completed this fiscal year (2009). Funds are available In 80-3520-
53350. Amendments of the contract are allowed per Item 17 of the current Executed Agreement dated January 6, 2009.
NEW CONTRACT INFORMATION:
Amendment Date: 8/11/09
New Contract Dates: START: COMPLETION:
Amount of Amendment Change $ 50.000
Current Contract Amount (Inclusive of Previous Amendments to Date): $75.893.50.
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS
AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT.
CITY OF MER IAN
BY: '
TAMMY ERD, MAYOR
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Dated: `1~'~ ~`~~ `l ~ ~j ~ .,
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Approved by Council: F~~Rgr~O '%
Attest: - ~E~~
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GST tst .'` ~O \~\~
JA CE OLMAN, CITY CLERK '°.,~~~~, ~,~PINTY ' ~QQ'~~.~~~
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Approved by City as to Content
BY:
KEI A ,PURCHASING AGENT
AGREEMENT
1=0R
INDEPENDENT CONTRACTOR SERVICES
FY 2009 SEWER LINE CLEANING, MAINTENANCE, Td AND INSPECTION
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this ,~~~ day of
.,~r`'~`£-~e~r, 2009, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Pipeline Inspection
Services, Inc, hereinafter referred to as "CONTRACTOR", whose business address is
P.O. Box 3023, Nampa, ID 83653 and whose Public Works Contractor License # is
RCE-8482.
INTRODUCTION
Whereas, the City has a need for services involving FY 2009 Sewer
Cleaning. Maintenance. TV and Inspection; and
WHEREAS, the Contractor is specially trained, experiencx3d and
competent to perform and has agr®ed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
1.1 CONTRAGTOR shalt perform and furnish to the City upon
execution of this Agreement and receipt of the City's written notice to
proceed,. alt services and work, and comply in ail respects, as specified in
the document titled "Scope of Work" a copy of which is attached hereto as
Attachment "A" and incorporated herein by this reference, together with
any amendments that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Contractor under this Agreement, including without
limitation electronic data files, are the property of the Contractor; provided,
however, the City shall have the right to reproduce, publish and use alt
such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so. If any such work is
copyrightabfe, the Contractor may copyright the same, except that, as to
any work which is copyrighted by the Contractor, the City reserves a
royalty free, non-exclusive, and irrevocable license to reproduce, publish
and use such work, or any part thereof, and to authorize others to do so.
FY 2009 Sewer Cleaning, Maintenance, N and Inspection - page 1 of 10
1.3 The Contractor shall provide senvic~s and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Contractor represents and warrants that it will perform its
work in acxordancxs with generally accepted industry standards and
practices for the profession or professions that are used in performance of
this Agreement and that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the Contractor and any reports
or opinions prepared or issued as part of the work performed by the
Contractor under this Agreement, Contractor makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provide by the contractor at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consid®ra#ion
2.1 The Contractor shall be compensated on a Lump Sum basis as
provided in Attachment B °Payment Schedule" attached hereto and by ref®rence made
apart hereof in the amount of $75,893.50.
2.2 The Contractor shall provide the City with a monthly stet®ment, as
the work warrants, of fees earned and costs incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Contractor under the terms and conditions of this
Agreemenrt. Payment of all taxes and other assessments on such sums is
the sole responsibility of Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shah
not be enfitled to no receive from the City any additional consideration,
compensation, salary, wages, or other type of remunen~tion for services
rendered under this Agreement., including ,but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specif~t~lly,
Contractor shall not be entitled by virtue of this Agreement to
consideration in the form of overtime, health insurance benefits,
retirement benefds, paid holidays or other paid leaves of absence of any
type or kind whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both
pares, and shall expire upon (a) completion of the agreed upon work, {b)
September 30, 2008 or (c)~unless sooner terminated as provided beiaw or
unless some other method or time of termination is listed in Attachment A.
1=Y 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 2 of 10
Upon agreement by the City and the Contractor, three (3) additional one
{1) year options may be considered.This Agreement shat! terminate
automatically on the occurrence of (a) bankruptcy or insolvency of either
party, or (b} sale of Contractors business.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may
terminate this Agreement by giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any par of the
compensation set forth in Attachment B of this Agreemenrt on the date
due, Contractor, at the Contractor's option, may terminate this Agreement
if the failure is not remedied by the City within thirty {30) days from the
dat® payment is due.
3.4 This Agreement shall terminate automatically on the occurrence of
any of the following events:
a. Bankruptcy of insolvency of either party;
b. Sale of Contractor's business; or
c. Death of Contractor
4. Termination:
If, through any cause, CONTRACTOR, its officers, employees, or agents
fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of
this Agreement, falsifies any record or document required to be prepared
under this agreement, engages in fraud, dishonesty, or any other act of
misconduct in the performance of this contract, or if the City Council
determines that #ermination of this Agreement is in the best interest of
CITY, the CITY shall thereupon have the right to terminate this Agreement
by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the
effective date of such termination. CONTRACTOR may terminate this
agreement at any lime by giving at least sixty (60} days notice to CITY.
In the event of any termination of this Agreem®nt, all finished or
unfinished documents, data, and reports prepar®d by CONTRACTOR
under this Agreement shall, at the option of the CITY, become its
property, and CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
Notwithstanding the above, CONTRACTOR shall not be reliev®d of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by CONTRACTOR, and the CITY may withhold
any payments to CONTRACTOR for the purposes of set-off until such
time as the exact amount of damages due the CITY from CONTRACTOR
is det®rmined. This provision shalt survive th® t®rmination of this
1=Y 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 3 of 10
agreement and shall not relieve CONTRACTOR of its liability to the CITY
for damages.
5. lndepend®nt Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be
acting as an independent contractor, and neither CONTRACTOR nor any
officer, employee or agent of CONTRACTOR will be deemed an
employee of CITY. Except as expressly provided in Attachment A,
Contractor has no authorrty or responsibility to exercise any rights or
power vested in the City and therefore has no authority to bind or incur
any obligation on behalf of the City. The selection and designation of the
personnel of the CITY in the performance of this agreement shall be
made by the CITY.
5.2 Conrtractor, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves
as independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
Agreement. Contractor shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of Contractor in
fulfillment of this Agreement. ff in the performance of this Agreement any
third persons are employed by Contractor, such persons shall be entirely
and exclusively under the direction and supervision and control of the
Contractor.
6. ind®mnl#Icadon and Insurance:
CONTRACTOR shall indemnify and save and hold harmless CITY from
and for any and all fosses, claims, actions, judgments for damages, or
injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortuous conduct
of CITY or its employees. CONTRACTOR shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
insurance, in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Mi{lion Dollars
($1,000,000) per incident or occurrence, Automobile Liability Insurance
One Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable
for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments
for damages or injury to persons or property and other costs, including
FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 4 of 10
litigation costs and attorneys' fees, arising out of, resulting from , or in
connection with the perfom~ance of this Agreement by the Contractor or .
Contractor's officers, employs, agents, representatives or subcontractors
and resulting in or attributable to personal injury, death, or damage or
destruction to tangible or irrtangible property, including use of.
CONTRACTOR shall provide CITY with a Certificate of Insurance, or
other proof of insurance evidencing CONTRACTOR'S compliance with the
requirements of this paragraph and file such proof of insurance with the
CITY at least ten (90) days prior to the date Contractor begins
performance of it's obligations under this Agreement. In the event the
insurance minimums are changed, CONTRACTOR shall immediately
submit proof of compliance with the changed limits. Evidence of all
insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Acxounting, 33 East Broadway Avenue, Meridian, Idaho
83642.
6.2 Any deductibles, seFF insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shalt reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shall provide a bond,
cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
To the extent of the indemnity in this cxantract, Contractor's
Insurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City or the City's elected officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contnbute wi#h Contractor's insurance except as
to the extent of City's negligence.
The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, excerpt with respect to the limits of
the insurer's liability.
6.4 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
8.5 The limits of insurance described herein shalt not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on ail Publics
Works of Improvement Projects over $25,000.00
?. Notices: Any and ail notices required to be given by either of the parties
hereto, unless o#herwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the Unl#ed States mail,
certified, return receipt requested, addressed as follows:
1=Y 2009 Sewer Cleaning, Maintenance, N and Inspection - page 5 of 10
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Pipeline Inspection Services. Inc
P. O. Box 3023
Nampa. ID 83653
Idaho Public Works License #: RCE-8482
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other. in the manner herein
provided.
9. Attorn®y Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevail'mg party shall be entitled, in
addition to any other relief as may be granted, to cx~urt costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
10. Time is of th®~ Ess®nce: The parties hereto acknowledge and agree that
time is strictly of the essence wkh respect to each and every term,
condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
11. Assignment: It is expressly agreed and understood by the par8es
hereto, that CONTRACTOR shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
12. Discrimination Prohibited; In performing the Work required herein,
CONTRACTOR shalt not unlawfully discriminate in violation of any
federal, state or local law, rule or regulation against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or
disability.
13. Reports and information:
13.1 At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statemerrts, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
13.2 Contractor shall maintain all writings, documents and records
prepared or compiled in connection with the perfomnance of this
Agreement for a minimum of four (4) years from the termination or
FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 6 of 10
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictur®s, sounds or symbols or any
combination thereof.
14. Audis and inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONTRACTOR'S records with respect
to all matters covered by this Agreement. CONTRACTOR shall p®rmit the
CITY to audit, examine, and malts excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters coo®red by this Agreement.
15. Publication, R®production and Use of Materlai: No material produced
in whole or in part under this Agreement shall be subject to copyright in
. the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or oth®r materials prepared under this Agreement.
1fi. Compliance with Laws: in performing the scope of work required
hereunder, CONTRACTOR shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
17. Changes: The CITY may, from time to time, request changes in the
Scope of Work to be performed hereunder. Such changes, including any
increase or decrease in the amount of CONTRACTOR'S compensation,
which are mutually agreed upon by and between the CITY and
CONTRACTOR, shall be incorporated in written amendments which shall
be executed with the same formalfies as this Agreement.
18. Constructton and Sev®rabiliiy: If any part of this Agreement is held to
be invalid or unenforceable, such holding will not affect the validity or
enforceability of any other part of this Agneement so long as the remainder
of the Agreement is reasonably capable of completion.
19. Waiver of Default: Waiver of default by either party to this Agreement
shall not be deemed to be waiver of any subsequent default. Waiver or
breach of any provision of this Agreement shall not b® deemed to be a
waiver of any other or subsequent breach,~and shall not be construed to
be a modification of the terms of this Agreement unless this Agreement is
modified as provided above.
20. Advice of Attorn®y: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
its attorney's or the opportunity to seek such advice.
21. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings,
FY 2009 Sewer Cleaning, Maintenance, TV and insper~ion - page 7 of 10
oral of written, whether previous to the execution her®of or
contemporaneous herewith.
22. Applicable Law: This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
23. Approval Required: This Agreement shall not become effective or
binding until approved by the City of Meridian.
CITY OF
BY:
T,
YOR
CONTRACTOR
r
Pipeline Inspection Services, Inc
Dated: ~~~~ ~'~
Dated: `.,/ 1- {~ -t7q
Attest:
JAYCEE L`.' HOLMAN,
Approved as to
BY:
rF y ~'
o -
~E
~6
~~ 4~r ~~ ~ ~' P.~`.~:
~ .~.
~,~~~~~HNtm nt~~~~`~~~~``
AGENT
Dated: l~ ~- d ~
Approved as to Form
CITY ATTORNEY
Department Approval
BY: ~ ~-il
NAME: K~XA~NNt. }~~u-~l~
TITLE: VTR' ! M1J~IZ
Dated: 12- ~°!- 0 9
Approv®d by City Council: (a' a 3 - Da
Fl(2009 Sewer Cleaning, Maintenance, TV and Inspection - page 8 of 70
Attachment A
SCOPE OF WORK
The FY 2009 Sewer Cleaning, Maintenance, N & Inspection project will include
the following work:
1. Cleaning of approximately 217,000 feet of sewer lure
2. CCN of approximately 50,000 feet of sewer lines
3. Smoke testing as requested
4. Lift Station cleaning per the fallowing schedule:
• 10 Lift Stations per month far grease removal
• 20 Lift Stations per year for grit removal
5. Emergency repair of sewer tines
6. Emergency repair of manholes
7. Collection system backup response (on-call 24/? services)
$PECiFICATION,~
A. Time and materials must be approved prior to beginning any work
B. Cost of materials will be approved on an as-needed basis
C. The City of Meridian will determine work that is classified as an
emergency
D. In the event of emergency r®pair of sewer lines and manholes, the City
of Meridian shall determine if the repair work will be temporary or
permanent
E. In the event of emergency on-call seances, contractor shall have a 30
minute response by phone and a maximum of 2 hours for on site
response following notification of emergency.
F. Contractor will be permitted to dump debris, related to work described in
this contract, at the City of Meridian Wastewater Treatrnent Plant located
at 340'1 N. Ten Mile Rd, Meridian, ID 83642.
G. Contractor shall notify the City of Meridian prior.to beginning any work
H. Ali work shall confom~ to the Idaho Standards for Public Works
Construction (ISPWC), Ada County Highway District (ACRD) and City of
Meridian Standards
i. Contractor shag be responsible for traffic control and any p~em~its
required to work in ACRD Right of Way
J. Contractor shall be willing to testify as an expert witness in the event of
Ifigation
K. Contractor shall be responsible for complying wi#h standard safety
practices
L. Contractor must identify all sub-contractors to be used and the Gity of
Meridian must approve the sub-contractor prior to beginning any work
M. Contractor shall notify the City of Meridian of any significant problems,
abnormalities, additional repairs need, etc. that may have been
encountered during or after the work was completed.
N. The quantities stated in the above bid schedule represent a maximum.
The contract herein does not guarantee approval of the maximum
quantity listed and may include any and all quantifies up to the maximum
listed in the bid schedule
O. Contractor shall use CIPP Pem~aliner, or equivalent, in all sewer pipe
repairs.
FY 2009 Sewer Cleaning, Maintenance, N and inspection - page 9 of 10
Attachment B
MILESTONE /PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed
$75,893.50
Furnish all labor, materials, equipment, and inddentals as required for the FY 2009
SEV1/ER CLEANING, MAINTENANCE, TV AND INSPECTION, per the attached
ITEM DESCRIPTION UNIT UNIT PRICE AU~-N7'iTY TOTAL
SEWER CCN
81NCH LF .22 30,000 600A0
101NCH LF .22 ~ 1 850 $ 407.00
1 121NCH LF .22 1850 407.00
151NCH LF .22 6,000 $1,320.00
181NCH LF .25 1,870 $ 467.E
211NCH LF .25 5,000 $1250.00
241NCH LF .25 3 OOfl $ 750.00
SEWER CLEANIN~3
8 INCH LF .25 132 000 $33 000.00
10 fNCH LF .25 12 000 $ 3,000AO
12 INCH Lt= .28 26,000 6 760.00
151NCH LF .26 600 $ 1,612A0
2 18 INCH LF .26 17 000 $ 4 420.00
21 INCH LF .30 6 000 $ 1,800.00
241NCH LF .30 5,000 $ 1,500.00
271NCH LF .30 3,000 $ 900.00
301NCH LF .30 6,000 $ 1,800.00
361NCH LF .30 4000 $ 1 200.00
3 LIFT STATION
CLEANING -GREASE
REMOVAL
EACH
600.00 10 Lift
Stations,
deaned once
$ 7,200,00
4 ~ LREMOVAL ON GRIT I EACH 1750.00
stations
cleaned 2 $ 1,500.00
times per
5 SMOKE TESTING HOUR $250.00
8 ROOT REMOVAL HOUR $195.00
EMERGENCY REPAIR /
7 ON-CALL SERVICES HOUR $250.00
LUMP SUM TOTAL ...........................................................................$ 75.893.50
Travel expenses will be paid at no more than the Clty of Meridian's Travel and
Expense R®lmbursement Policy.
FY 2009 Sewer Cleaning, Maintenance, TV and Inspection - page 10 of 10