HomeMy WebLinkAboutIndependent Contractor Agreement with Anderson & Wood Construction Co., Inc. for Black Cat Road Flushline
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whereas, the City has a need for services involving BLACK CAT ROAD
FLUSH LINE -CONSTRUCTION; and
HEREAS, the Contractor is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOw, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
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1.1 CONTRACTOR shall perform and furnish to the City upon execution of
this Agreement and receipt of the City's written notice to proceed, all services
and work, and comply in all 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.
.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 all such work, or
any part thereof, in any manner and for any purposes whatsoever and to
authorize others to do so. If anysuch work is copyrightable, the Contractor
may copyright the same, except that, as to any work which is copyrighted by
the Contractor, the City reserves aroyalty-free, non-exclusive, and
irrevocable license to reproduce, publish and use such work, or any part
thereof, and to authorize others to do so.
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1.4 Services and work provided 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.
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2. The Contractor shall be compensated on aNot-To-Exceed basis as
provided in Attachment S "Payment Schedule" attached hereto and by
reference made a part hereof for the Not-To-Exceed amount of
X96,727.00.
2.2 The Contractorshall provide the Citywith a monthlystatement, as the
work warrants, of fees earned and costs incurred for services provided during
the billing period, which the Citywill paywithin 30 days of receiptof acorrect
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.
3. o
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3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b)
September 30, 2013 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment A.
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 greement y giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation
set forth in Attachment S of this Agreement 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 date payment is due.
3.4 TIME FOR EXEC TIG CONTRACT A LIQUIDATED
DAM GS
Upon receipt of a Notice to Proceed, the Contractor shall have 85 (eighty-
five) calendar days to complete the work as described herein. Milestone
Dates have been established for the following two deliverables. Contractor
shall be liable to the City for any delay beyond the time periods stated in the
amount of $500.00 (five hundred dollars) per calendar day. Such payment
shall be construed to be liquidated damages by the Contractor in lieu of any
claim or damage because of such delay and not be construed as a penalty.
Milestone 1-March 15, 2013 -All work within the Five Mile Creek and the
Rutledge Drain shall be completed
Milestone 2 - Final Completion - 85 (eighty-five) calendar days
4.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CO TRACTOR under this
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Agreement shall, at the option of the CITY, become its property, and
T shall e entitled to receive just and equitable compensation
for any pork satisfactorily complete hereunder.
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5.2 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 City.
5.3 Contractor shall determine the method, details and means of
performing the pork 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 Frith 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.
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6.2 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 credit guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, 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 andvolunteers shall be excess ofthe Contractor's insurance and
shall not contribute with Contractor's insurance except as to the extent of
City's negligence.
6.4 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 ofthe insurer's liability.
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
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6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. ayment and Performance Sonds are required on all Public orks
Improvement Projects per the ISP C and the City of Meridian Supplemental
Specifications ~ ravings to the IPwC, which by this reference are made a
part hereof.
~. r :Contractor must warrant the project per the ISPwC and the City
of Meridian Supplemental Specifications ~ Drawingstothe ISPwC, which by
this reference are made a part hereof.
9. :Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mail, certified,
return receipt requested, addressed as follows:
Either party may change their address forthe purpose of this paragraph by
giving written notice of such change to the other in the manner herein
provided.
11. r i :The parties hereto acknowledge and agree that
time is strictly of the essence with 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.
12. ~ It is expressly agreed and understood by the parties hereto,
that CONTRACTOR shall not have the rightto assign, transfer, hypothecate
or sell any of its rights under this Agreement except upon the prior express
written consent of CITY.
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13. ~iC/,it. ~ In performing the ork required herein,
T shall 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.
4. i
14.1 t suchtimes and in such forms asthe CIYmayrequire, thereshall
be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
greemen.
16. i r r ri : 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 other materials prepared under this Agreement.
17. li r m In performing the scope of work required
hereunder, CONTRACTOR shall complywith all applicable laws, ordinances,
and codes of Federal, State, and local governments.
9. r i : If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or
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21 e :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.
22. it :This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral
of written, whether previous to the execution hereof or contemporaneous
herewith.
23. rer ® rece ece: The order or precedence shall be the contract
agreement, the Invitation for did document, then the winning bidders
submitted bid documentti
25. lic le 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.
26. rvl e ire ~ ThisAgreementshall notbecomeeffectiveorbinding
until approved by the City of Meridian.
END OF TEXTe SIGNATURES TO FOLLOW ON NEXT PAGE.
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Approved by Council:
7 S` '. ~ ~_
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Attest: ~ o~:
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7 _1-~ f II
JAYCEE 1... ~~OLMAN, CITY CLERK ~~~~~ ~'~~~, ~~, ~ ~~;~.~~'~~:~-'
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BY: BY:
KEITH~UVATTS, Purchasing Manager BARREN STEI~ART, Engineering Manager
flator~•• flat®r9..
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ttachen
l;':~'CR TO I~"`~;'•° - `i ION TO BIC~ , °~N-13-0659e
Invi~~~ion to ~'oc9 ~'~~Cy~ge # PW-13-0659e, are b~ LG~is reference made a
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ttacment
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A. Total and complete compensation for this Agreement shall not exceed
$96,727.00.
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Milestone 1 All Work With the Five Mile Creek and the
R
utled e Drain com leted
March 15, 2013
Milestone 2 Final Completion 35 (eighty-five) days
Contract includes furnishing all labor, materials, equipment, and incidentals as required for
the BLACK CAT ROAD FLUSH LI - CONSTR CTIO per IF PUV-13-0659e
.
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T T I T T . I I I
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205.4.1.B.1. DEWATERING 1 LS 750.00
206.4.1.1.3. HAND PLACED RIPRAP PER DETAILS SHEET 5 32 CY 325.00
307.4.1.E.1. TYPE C SURFACE RESTORATION 12 SY 24.00
307.4.1.G.1. TYPE P SURFACE RESTORATION 126 SY 54.00
401.4.1.A.1.a. 8" PVC, AWWA C900, DR18, WATER MAIN 126 LF 53.00
401.4.1.A.1.b. 54" LONG BY 8"0 DUCTILE IRON SPOOL 1 EA 750.00
401.4.1.A.1.c. 120" LONG BY 8"0 DUCTILE IRON SPOOL 1 EA 1,100.00
402.4.1.A.1. 8" GATE VALVE 1 EA 2,600.00
601.4.1.A.1. 18" RCP, CLASS IV, FLUSH PIPE 48 LF 87.00
1001.4.2.A.1. STAGING AREA 1 EA 3,500.00
1003.4.1.G.1. STRAW WATTLE 613 LF 5.00
2010.4.1.A.1. MOBILIZATION 1 LS 7,000.00
SP-1 REMOVE EXISTING 6" WATER MAIN 42 LF 12.00
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SP-2 18"O 3/8"THICK STEEL CASING PER DETAILS
SHEET 4 15 LF
388.00
SP-3 REMOVE AND REPLACE EXISTING 24" CMP
IRRIGATION PIPE 1 EA
700.00
SP-4 REMOVE AND REPLACEEXISTING SIDEWALK 112 LF 16.00
SP-5 PRESSURE RELIEF VAULT PER DETAILS 1 EA
SHEET 5 28,700.00
SP-6 FLUSH LINE MANHOLE PER DETAILS SHEET 5 1 EA 9,100.00
SP-7 REMOVE AND REPLACE LANDSCAPING 1 LS 750.00
SP-8 BY-PASS PIPE AND COFFER DAM PER 1 LS
DETAILS SHEET 5 750.00
SP-9 TRAFFIC CONTROL 1 LS 1,500.00
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