HomeMy WebLinkAboutAmendment to Contract with Berry Electrical for Street Light Maintenance Revisions~~i~E IDIAN~-
Public IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Tim Corns, Transportation and Utility Coordinator
DATE: October 14, 2009
SUBJECT: Amendment of Contract with Berry Electrical Services, Inc.
I. RECOMMENDED ACTION
A. Move to:
Mayor Tammy de Weerd
CNy CeaA+tll Mam6ern
Keith Bird
Brad Fiaaglun
Charles Rountree
David Zaremba
1. Approve the amendment extending the contract with Berry Electrical
Services, Inc.; and
2. Authorize the Mayor to sign the contract amendment
II. DEPARTMENT CONTACT PERSONS
Tom Barry, Director of Public Works 489-0372
Warren Stewart, PW Engineering Manager 489-0350
Tim Corns, Transportation and Utility Coordinator 489-0342
III. DESCRIPTION
Back>;round
The City of Meridian's contract for street light maintenance with Berry Electrical
Services, Inc. has expired. The contract, as previously approved by Council,
included language allowing for a maximum of two (2} one-year extensions. This
amendment executes the first one-year contract extension.
N. IMPACT
A. Strateig c Impact:
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Approval of this amendment will aid the City in ensuring that street lighting
continues to meet the safety needs of the public in a fiscally responsible manner.
B. Service/Delivery Impact:
Current maintenance needs are being met in the absence of the contract
extension. However, by amending the contract, the Contractor will be bound to
work under the previous contract terms and conditions.
C. Fiscal Impact:
The contract amendment secures previously agreed upon fee schedules for
services provided by the Contractor. All work performed under this contract will
be funded though the FY10 appropriated street light maintenance budget of
$30,000.
V. ALTERNATTVES
Council may choose aot to approve the amendment, however, this is not
recommended as it would require the City to solicit bids for a new maintenance
contract. Based on the high quality of work performed by the Contractor thus far,
staff does not see a need to rebid the contract.
VI. TIME CONSTRAINTS
Without a contract, the Contractor is not obligated to bill under the previously agreed
upon fee schedule. Therefore it is prudent for the City to amend the contract as soon
as possible.
VII. LIST OF ATTACHMENTS
A. Contract Amendment - ~ Original Copy, signed by Contractor & Purchasing
Approved for Council Agenda: ~(~ r~Q '' O
To arry, Director of Public V~or Date
~~.
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~~E IDR IAN
~J
CITY OF MERIDIAN
CONTRACT AMENDMENT
CONTRACTOR NAME: DEPARTMENT NAME:
BERRY ELECTRICAL SERVICES, INC. Public Works
ADDRESS: ADDRESS:
1299 N. Black Cat Rd. 33 E. Broadway
Meridian, ID 83642 Meridian, ID 83642
CURRENT CONTRACT INFORMATION;
Amendment l]ats: _~ Previous Amendments: 0
Current Contract Oates: START: 9/25/2008 COMPLETION: 9/2412 0
Current Contract Amount (Mclusrve of Previous Amendments to Date): 30 0~ 00
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 X AMENDMENT TO EXERCISE OPTION
Check an rear aynrvl TO RENEW
(Check 811 that Aogrv)
_ Amendment to Contract Performance (Scxipe)
_ Amendment to Contract Performance
_ Amendment to Contract Dates
X Amendment to Contract Oates
Amendment tp Contract Amount
X ArnendmenE to Contract Amount
_ Other: (Explain}
X Other. (Explain) ADDITIONAL TERMS AND
CONDITIONS - ATTACHED
DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing
amendment}:
Extending contract for one additional year per Article 3 of original contract dated September
25, 2~8. ADDITIONAL TERMS AND CONDRIONS ARE ATTACHED. Contract amount is a Not-
To-F.xceedand ble r the rates stated in the on nai resment.
NEW CONTRACT INFORMATION:
Amendment Date: 9/25109
New Contract Dates: START: 8(25(2009 COMPLETION: 9(2412010
Amount of Amendment Change' 530.0.00
Current Contract Amount (inclusive o/Previous Amendments 6D Date): $60.000.00.
`'total Amount Pa able Within New Contract Dates
ALL OTHER TERMS AND CONDITIONS OF THE ORIGNAL CONTRACT
AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL
FORCE AND EFFECT,
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1. Consideration
1.1 The Contractor shall provide the City with an invoice of fees earned
and costs incurred for services provided, 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 Agreement.
Payment of all taxes and other assessments on such sums is the
sole responsibility of Contractor.
1.2 Except as expressly provided in this Agreement, Contractor shall
not be entitled to no receive from the ~ City any additional
consideration, compensation, salary, wages, or other type of
remuneration for services rendered under this Agreement,
including, but not limited to, meals, lodging, transportation,
drawings, renderings or mockups. Specifically, Contractor shall not
be entitled by virtue of this Agreement to consideration in the form
of overtime, health insurance benefits, retirement benefits, paid
holidays or other paid leaves of absence of any type or kind
whatsoever.
2. Termination:
If, through any cause, CONTRACTOR, its officers, employees, or agents
fails to fulfill in a timely and proper manner its abligations under this
Agreement, violates any of the covenants, agreements, or stipulations of
this Agreement, fals~es 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 termination 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 swch 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 time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared 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 relieved 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
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payments to CONTRACTOR for the purposes of set-off until such time as
the exact amount of damages due the CITY from CONTRACTOR is
determined. This provision shall survive the termination of this agreement
and shall not relieve CONTRACTOR of its liability to the CITY for
damages.
3. Independent Contractor:
3.1 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
Exhibit A, Gontractor has no authority 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
pertormance of this agreement shall be made by the CITY.
3.2 Contractor, 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 Gity.
3.3 Contractor shall determine the method, datails 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. If 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.
4. Indemnification and Insurance:
4.1 CONTRACTOR shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for
damages, or injury to persons or property and losses and expenses
and other costs including litigation costs and atkorney's fees, arising
out of, resulting from, or in connection with the pertormance 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.
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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 Million Dollars
($1,000,000) per incident or occurrence, Automobile Liability
Insurance One Million Dollars ($1,0OO,OQO) 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
litigation costs and attorneys' fees, arising out of, resulting from , or
in connection with the performance of this Agreement by the
Contractor or Contractor's officers, employs, agents,
representatives or subcontractors and resulting in or attribu#able to
personal injury, death, or damage or destruction to tangible or
intangible 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 (10) 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 Accounting, 33 East Idaho Avenue, Meridian,
Idaho 83E42.
4.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of
the City, either: the insurer shall reduce or eliminate such
deductibles, self-insured retentions or named insureds; or the
Contractor shall provide a bond, cash or letter of credi#
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
To the extent of the indemnity in this ccintract, Contractor's
Insurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any
insurance or selfi 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 contribute with
Contractor's insurance except as to the extent of City's negligence.
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The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
4.3 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
4.4 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives,
employees or subcontractors.
5. Assignment:
It is expressly agreed and understood by the parties 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.
6. 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.
7. 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.
CITY OF MERIDIAN
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T AAAAV IIG YV~~~r` 11AAV/'11"f
CG~a,,-~,'~ !moo c~nt~-, /~~~' !~
Dated: `~ ' ~-'7 ' v
Approved by Council: , ~ "a'1 ' `(),,Cr(,,,,,,~~~~~
Attest: ~ ~ °~TF ~ ~~
o
JAYCEE HOLII~AN
CITY CLERK ~~~~ _
9 1~p3 `
BERRY ELECTRICAL SERVICES, Il~~,,,n~,~d~,,,~r` ,
BY: v
SHAUNNA BERRY
Dated: /D .3 ~~U
Approved by City as to Content
BY:
KEIT W S,
PURCHASI G AGENT
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