HomeMy WebLinkAboutIndependent Contractor Agreement with Post Drilling for Well 15B Test Well ConstructionMemo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Kyle Radek
Date: 5129113
Re: June 3rd City Council Meeting Agenda Item
The Purchasing Department res~ctfully requests that the following item be placed on the
June 3rd City Council Consent Agenda for Council's consideration.
Award of Bid and Approval of Agreement to Post Drilling, Inc for "Well 15b Test Well"
- Construction for the Not-To-Exceed amount of $197,425.00. This award is the
result of formal IFB #PW-13-0707.
Recommended Council Action: Approval of bid award and Agreement to Post
Drilling, Inc. for the Not-To-Exceed amount of $197,425.00
Thank you for your consideration.
~ Page 1
~;i~E IDIAN~-
Public IDAHO
Works Department
TO: Keith Watts
FROM; Kyle Radek
DATE: ~ ~ ~' / ~
l~''
SUBJECT: Project Information; Well B Test Well Construction
I. DEPARTMENT CONTACT PERSONS
Kyle Radek, Asst. City Engineer 489.0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
ii. DESCRIPTION
Mayor Tammy de Weerd
C1~y C~nel1 M~a~1~r~s
Keith Bird
Brad Haaglun
Charles Rountree
Dauid Zaremba
A. Background
Well l5 was constructed in 1993. An evaluation of the well was completed earlier this
year. The evaluation indicated that the well was approaching the end of its useful life.
As we have done recently at Well 10 and Well 1 ~, we are immediately preparing for the
replacement of this important water source at the same site.
B. Pro ohs d Pra~ect
This project involves drilling a new test well at the current Well 15 site. The test well
will determine the depth where the best water chemistry can be accessed for a new
production well.
III. IMPACT
.A. 5,., tote i ~ ~ ,pct:
This project is aligned with the Public Works objective of being opportunistic in planning
for growth and infrastructure needs,
The Water Division of Public Works, in a continuing effort to provide high quality
potable water and ire protection to the citizens of Meridian, has identified the need to
prepare for replacement of Well 15. Well 1 SB will be located on the same site as the
current Well 15.
Page 1 of ~
C. Fiscal Impacts:
Proposed Construction Cast X3490-96116}
Budgeted Am^~~„~ n.t~;t°'~iA
Approved for Council Agenda
i ILLM~wY,^ 1 ~,! 1
~~9~,4zs.oo
~zo~,6o0.00
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D to
Page 2 of 2
AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
(WELL 1513 TEST WELL -CONSTRUCTION)
PROJECT # 0707
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this
~ day of June, 2013, and entered into by and between the City of Meridian. a
muni ipal corporation organized under the laws of the State of Idaho. hereinafter referred
to as "CITY", 33 East Broadway Avenue. Meridian; Idaho 83642; and Post Drilling. Inc ,
hereinafter referred to as "CONTRACTOR", whose business address is P O Box 588.
G1,`cisf~r. ~~ ~3.3~7~ and whose Public Works Contractor License # is ~; F1zr~-C
INTRODUCTION
Whereas. the City has a need for services involving WELL 7 5B TEST WELL -
GONSTRUCTION: and
WHEREAS, 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
TERMS AND CONDITIONS
1. Scope of Work:
.1 CONTRAGTOR 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 wjthout 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 any
such 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.
.3 The Contractor shall provide services 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
WELL 15B TEST WELL -CONSTRUCTION page 1 of 10
Project 0707
re resents and warrants that it will perform its work in accordance with generally
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acre ted industry standards and practices for the profession or professions that
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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 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 ta. The Schedule of Work may be
revised from time to time upon rr~utual written consent of the parties,
~, Conafderation
2.1 The Contractor shall be compensated on aNot-To-Exceed basis as provided
in Attachment B "Payment Schedule attached hereto and by reference made a
part hereof for the Not-To-Exceed amount of $~ 97,425.00.
~.~ The Contractor shall provide the City with a monthly statement, 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 Agreement. Payment of all taxes and other
assessments an such sums is the sole responsibility of Contractor.
~.~ Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration far services rendered under this Agreement
including, but not limited ta, meals, lodging, transportation, drawings, renderings or
mocku s, Specifically, Contract+orshallnot beentitled byvirtue of this Agreement
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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.
3. Term
3.1 This agreement shall became 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 ar materially
breach any of its provisions, City, at City's option, mayterminate this Agreement by
giving written notification to Contractor.
WELL 15B TEST 1IN~L~. - COI~IST~UCTION page 2 of 10
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~,~ Bhou Id Cit fail to pa Contractor al I or any part of the compensation set forth
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in Attachment B of this Agreement on the date due, Contractor, at the Contractor s
o tion ma terminate this Agreement if the failure is not remedied by the City
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within thirty {~0~ days from the date payment Is due.
3,4 TIME FQR EXECUTING Ct~NTRACT AND LIQUIDATED
DAMAGE
U on receipt of a Notice to Proceed, the Contractor shall have 64 ~sixty~ calendar
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da s to com late the work as described herein. Cantractor shall be liable to the
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Cit for an delay beyond this time period in the amount of five hundred dollars
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~500.~~ er calendar day. such payment shall be construed to be liquidated
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lama es b the Contractor in lieu of any claim ar damage because of such delay
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and not be construed as a penalty.
4. Termination:
4.1 If, thrau h any cause; C~NTRACT~R, its officers, employees, ar agents fails
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to fulfill in a timely and proper manner Its abllgatlons under this Agreernent~ violates
an of the covenants; agreements. ar stipulations of this Agreement, falsifies any
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regard 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
A reement b loin written notice to CQNTRACTtJR of such termination and
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s ecif in the effective date thereof at least fifteen X15}days before the effective
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date of such termination, CGNTRACTt~R may terminate this agreement at any
ti me by giving at least sixty ~fi0~ days notice to CITY.
In the event of any termination of this Agreement, all finished ar unfinished
documents: data, and reports prepared by CC~NTRACT~JR under this Agreement
shall, at the a flan of the CITY, became its property, and CfJNTRACTOR shall be
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entitled to receive dust and equitable compensation for any work satisfactorily
complete hereunder.
4.~ Notwithstanding the above, CUNTRACTC~R shall not be relieved of liability to
the CITY far damages sustained by the CITY by virtue of any breach of this
Agreement by C~NTRACT~JR, and the CITY may withhold any payments to
CQNTRACTC~R for the purposes of set~aff until such time as the exact amount of
dame es due the CITY from C~ONTRACTC?R is determined This provision shall
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survive the termination of this agreement and shall not relieve CQNTRACTQR of
its liability to the CITY for damages.
5. Independent Cantractor;
5.1 In all matters pertaining to this agreement; CQNTRACTC~R shall be acting as
an independent contractor, and neither Ct~NTRACTOR nor any officer, employee
or agent of CQNTRACTC~R will be deemed an employee of CITY. Except as
ex ressl provided in Attachment A~ Contractor has no authority or responsibility to
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exercise any rights or power vested in the City and therefore has no authority to
w~LL 15B TEST W~LI~ - CONSTBUCTIt?N page 3 of 1 ~
~roja~t 0707
'nd ar incur an obli ation an behalf of the City. The selection and designation of
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the ersonnel of the CITY in the performance of this agreement shall be made by
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the CITY.
5.2 Contractor. its a ants; officers: and employees are and at ail times during the
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term of this A reement shall represent and conduct themselves as independent
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contractors and not as employees of the City.
5.~ 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 res ansible to Ci onl for the requirements and results specified in this
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A regiment and. exce t as expressly provided ~n this Agreement, shall not be
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sub'ected to Cit 's control with respect to the physical action or activities of
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Contractor in fulfillment of this Agreement. If in the performance of this Agreement
an third arsons are emplo ed by Contractor; such persons shall be entirely and
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exclusive) under the direction and supervis~an and control of the Contractor.
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fi. Indemnlflcatlan and Ins~ranoe:
fi.1 CONTRACTOR shall indemnify and save and bald harmless CITY from and
for an and all losses, claims, actions, judgments for damages, or injury to persons
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or ro arty and Lasses and expenses and other costs including litigation costs an
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attorne 's fees, arising out af, resulting from, ar in connection with the perfarmance
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of this A regiment by the CONTRACTOR, its servants, agents, officersa
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em la ees oasts, and business invitees, and not caused by or arising out of the
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tartious conduct of CITY or its employees. CONTRACTOR shall ma~nta~n~_and
'call a reel that it will maintain throe bout the term of this A regiment.
s ec~fi c _ ~ .-- - ,
liabilit insurance in which the CITY shall be named an additional insured in the
minimum amounts as follow, General Liability One Million Dollars ~$1.000,000~ per
incident or occurrence; Automobile Liability Insurance One Million Dollars
1 0~~ OOa r incident or occurrence and Workers' Compensation Insurance in
~$ ~ s ~ ~
the statuto limits as required by law.. The limits of insurance shall not be deemed
a limitation of the covenants to indemnify and save and bald harmless CITY; and if
CITY becomes liable far an amount in excess of the insurance limits, herein
rovided. CONTRACTOR covenants and agrees to indemnify and save and hold
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harmless CITY from and #or all such losses, claims, actions, ar fudgments
damages or injury to persons or property and other casts: including litigation costs
s' fees{ arisin out af. resultin from , ar in connection with the
and attorney g g
erformance of this Agreement by the Contractor or Contractor's officers; employs,
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a ants. representatives or subcontractors and resulting in or attributable to
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ersonal injury: death, ar damage or destruction to tangible or intangible property,
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includin use of. CONTRACTOR shall provide CITY with a Certificate of
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Insurance, ar 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 ~1 ~~ days prior to the date Contractor begins performance of it's
obligations under this Agreement. In the event the insurance minimums are
thanl/~'.~~jed, CONTRACTOR shall immediately submit proof of compliance with the
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changed limits. Evidence of all insurance shall be submitted to the City Purchasing
WELL 15B TEST WELL -CONSTRUCTION page 4 of 10
~raj~~t ~07g1
A ent with a copy to Meridian City Accounting. 33 fast Broadway Avenue.
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Meridian. Idaho 8~G4~.
~.~ An deductibles, self-insured retentiana ar named insureds must be declared
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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 Warned
insureds; or the Contractor shall provide a bond, cash or letter of credit
uaranteeing payment of losses and related investigations, claim administration
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and defense expenses.
~.3 To the extent of the indemnity in this contract Contractor's Insurance
e shall be rims insurance re ardin the City's elected officers, officials;
coverag p ry g 9
em to ees and volunteers. Any insurance or sel#-insurance maintained bythe City
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or the Cit 'selected officers, officials, employees and volunteers shall be excess of
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the Contractor's insurance and shall not contribute with Contractor s insurance
except as to the extent of City's negligence.
~.4 The Contractor's insurance shall apply separately to each insured against
wham claim is made ar suit is brought, except with respect to the limits of the
insurer's liability.
6.5 All insurance coverages far subcontractors shalt be subject to all of the
insurance and indemnity requirements stated herein,
fi.f The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
1, Bonds: Payment and Performance Bonds are required on all Public Works
Im rovement Projects per the ISPWC and the City of Meridian Supplemental
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Specifications & Drawings to the ISPWC, which by this reference are rude a
part hereof.
8. Warrant :Contractor must warrant the project per the ISPWC and the City of
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Meridian Supplemental Specifications & Cravings to the ISPWC, which by this
reference are made a part hereof.
9. Notices: 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;
CITY C~JNTRA+CT~OR
___._
City of Meridian PAST DRILLING, INC
Purchasing Manager Attn. sherry Young. Vice President
33 E Broadway Ave P ~ Box 888
Meridian, I D 83fi4~ Weiser, I D 8387
2~8-888-4433 Phone. ~~~-58a-341
~maiL postdrillnq _ rnail~com
Idaho Public Works t.icense #C-~ 348-C-4
WALL 15B TEST 1N~LL - CONSTRUCTION page 5 of 14
Proj+a~# a7~7
Either pa may change their address for the purpose of this paragraph by
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loin written notice of such change to the other In the manner herein
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provided.
10.
determined by a Court of competent jurisdiction.
be a separate contract between the parties
termination ar forfeiture of this Agreement.
Attorne Fees; Should any litigation be commenced between the parties hereto
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concernin this Agreement, the prevailsng party shall be ent~tled~ ~n add~t~nn to any
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other relief as may be granted, to court costs and reasonable attorneys fees as
This provision shall be deemed to
and shall survive any default,
1 ~ . Time 1s of the Essenoe: The parties hereto acknowledge and agree that time is
strict) of the essence with respect to each and every term, condition and provision
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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. Assi nment: It is expressly agreed and understand by the parties heretaa that
CgNTRACTgR shall not have the right to assign, transfer, hypothecate or sell any
of its ri hts under this Agreement except upon the prior express wrii~en consent of
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CITY.
13. Discrimination Pra~hibited; l n performing the Work required herein;
CgNTRACTgR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or re elation a ainst any person an the basis of race, color, religion.
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sexy national origin or ancestry, age ar disability,
~ 4. ~ep~otts and Infvrmatl~on:
~ ~.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements records, reports, data and information as
the CITY ma re east ertainin to matters covered by this Agreement.
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14~ Contractor shall maintain all writings, documents and records prepared or
orn fled in connection with the erformance of this Agreement far a minimum of
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four 4 ears from the termination or completion of this nr Agreement. This
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includes an handwriting, typewriting, printing, photo static, photographic and every
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other means of recnrding upon any tangible thing, any form of communlcat~nn +~r
re resentation including letters; words, pictures, sounds or symbols or any
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combination thereof,
15. Audits and Inspectic-ns, At any tine during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the CITY far
examination all of CgNTRACTq~'S records with respect to all matters covered by
this A regiment, CgNT~ACTq~ shall permit the CITY to audit, examine, and make
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excerpts or transcripts from such records, and to make audits of all contracts;
WELL 1 ~B TEST WELL - ~ONST~U+CTIgN page f of 10
Project ~7a7
invoices, materials.. payrolls, records of personnel, conditions of employment and
other data gelatin to all matters covered by this Agreement.
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1 fi. Publication, Reproduction and Use of Material; Na material produced in whale
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 whale or in part, any reports; data or ether materials prepared
u rider this Agreement.
17. Com fiance with Lawn In performing the scope of work rewired hereunder
~ A ~
CC~NTRACTt~R shall comply with all applicable laws; ordinances, and codes of
Federal, State, and local governments.
1 ~8. Chan es:The CITY may, from timetatime~ requestchanges in the Scope afvVark
to be performed hereunder. Such changes; including any increase or decrease in
the amount of C~}NTRACT~IR'S compensation., which are mutually agreed upon by
and between the CITY and CONTPACTC-R, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
19. Construction and Severability; 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
art of this A reement so long as the remainder of the Agreement is reasonably
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capable of completion.
20. Waiver of Default: waiver of default by either pay 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 be 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.
2~ . Advice of Attorney; Each party warrants and represents that in executing this
A reement. It has received independent legal advice from its attorney's or the
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apportu n ity to seek such advice.
~2, Entire Agreement; 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 ar cantemporaneaus herewith.
~3, t7rder of Precedence. The order or precedence shall be the contract agreement.
the Invitation for Bid document, then the winning bidders submitted bid document.
~4. Public Records Act: Pursuant to Idaho Code Section 9-33~, et seq., information
or documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure, The Contractor shall clearly designate
individual documents as "exempt" an each page of such documents and shall
indicate the basis far such exam tian. The CITY will not accept the marking of an
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entire document as exempt. In addition. the CITY will not accept a legend or
statement an one 1 a e that all, or substantially a11, of the document is exempt
~}pg
WELL 15B TEST WELL -CONSTRUCTION Pa~~ 7 of 10
Proj~~t ~~~7
from disclosure. The Contractor shall indemnify and defend the CITY against all
liability, claims, damages, losses, expenses, actions; attorney fees and suits
whatsoever for honoring such a designation or for the Contractor's failure to
designate individual documents as exempt. The Contractor's failure to designate as
exempt any document or portion of a document that is released by the CITY shall
constitute a complete waiver of any and all claims for damages caused by any such
release.
25. 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.
26. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
27.
CITY OF MERIDIAN POST DRILLING, INC
~,1
TAMMY de UWE" D, MAYC7R SHERRY YOUNG, iC~e residen
Dated: ~Une y . ~i~t ~ Dated; S' a g' ~ 3
Approved by Council:
A#test:
JA
Purchasing Approval
~~
BY: ~~ ~~
KEITH~f'ATTS, Purchasing Ma
Dated:: S ~ a /
v~v `~ l9~W
-~ p ~ City of
~.,,/yd E IDIAN~--
~-; „~ IOAHO
_ s
CLERK ~' ~~- ~`°
F~r``d ~aP
°{eye rne~suQ
Hager WA REN S ART. Engineering Manager
. ~ V L 40¢ATEAgU~GSr
Depar r,~ent p' royal
BY.
Dated;: ~ 2~ f ~
WELL 15B TEST WELL -CONSTRUCTION page S of i0
Project 0707
Attachment A
S~Ct~PE t}F WORK
REFER TO INVITATION TO BID PW-13-0707
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package # PW-13-0707, are by this reference made a
part hereof.
WELL 15B TEST WELL -CONSTRUCTION page 9 of 10
Project ~7a7
Attachment B
MILESTONE 1 PAYMENT SCHEDULE
lete com ensation for this Agreement shall not exceed
A. Total and comp p
$197,425.00.
PRlC1NG S~~DULE
' ment and incidentals as required for the
Contract includes furnishing all labor, materials, equip ,
WELL 15B TEST WELL -CONSTRUCTION per IFB PW-13-0707
CONTRACT TOTAL ....................... 197 42.x.0
CT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE
CONTRA
VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY.
~~~ hd~
Unit
Item
No.
Descri tion
Quantit
Unit
Price
1 Mobilization 1 LS 12,000
2 16-inch drilling 37 LF 6,475
3 12-inch steel casing 40 LF 1,920
4 12-inch hardened driveshoe 1 LS 350
5 12-inch drilling 813 LF 93,495
6 2-inch PVC well screen 235 LF 1,880
7 2-inch PVC casing 5,015 LF 35,105
8 Sand Filter CY 7.5 1,900
9 Bentonite chip seal CY 1.8 3,200
10 Bentonite Grout Seal CY 7.8 7,800
11 Cement Grout Seal CY 2.0 2,000
12 Owner Requested Site Work with Rig HR 24 6,000
13 Owner Requested Site Work without Rig HR 24 4,800
14 Cable-Tool Rig Mobilization LS 1 1,500
15 Well Development with Rig HR 40 9,000
16 Well Development without Rig HR 40 8,000
17 Well Development Chemical Gal 5 500
18 Erosion and Sediment Control Plan and Implementation LS 1 1,500
Travel ex enses if a licable, will be paid at no more than the City of Meridian's
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Travel and Expense Reimbursement Policy.
WELL 15B TEST WELL -CONSTRUCTION page 10 of 10
Project 0707