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HomeMy WebLinkAboutIndependent Contractors Agreement with INSPECTION CONSULTING SERVICES INTERNATIONAL for Water Tower Recoating InspectionCONTRACT BETWEEN CITY OF MERIDIAN AND INSPECTION CONSULTING SERVICES INTERNATIONAL This contract is made and entered into this 2N% day of April 2002, by and between the City of Meridian (hereinafter referred to as the Owner and Engineer), and Dave Jahn, dba Inspection Consulting Services International (Hereinafter referred to as the Consultant). SECTION 1 TERM 1.1 The term of this contract will commence on start of the Water Tower Recoating Project, which is estimated to start on May 1, 2002 and end on the completion date, which is estimated to be sixty (80) days, unless terminated pursuant to Section 12 or Section 13 below. SECTION 2 DEFINTIONS 1.2 Words, terms, and phrases, which are not specifically defined in this contract, will have the ordinary meaning ascribed to them in the engineering profession unless the context clearly indicates otherwise. When consistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular include the plural. 2.1.1 "Project" means the Water Tower Recoating Project. SECTION 3 SERVICES OF CONSULTANT 3.1 Consultant will provide basic services to Owner as necessary for the on-site inspection of the construction of the Project as described in the Scope of Services section of Exhibit A and the Consultant's proposal, which is attached to this contract. 3.2 In connection with the services, Consultant will: 3.2.1 consult with appropriate representative of the Owner to clarify and define Owner's requirements for the services. 3.2.2 review available information concerning the services. 3.2.3 identify information, which is not available and is needed to fulfill the services, and act as Owner's representative in obtaining such information. 3.2.4 cooperate with other consultants retained by the City of Meridian in the exchange of information needed for performing services. 3.3 Consultant will perform the services as an independent contractor in accordance with generally accepted standards applied by professionals of Consultant's caliber. Consultant will be responsible for the professional quality, technical accuracy, and the coordination of all services performed by the Consultant. Consultant will, without additional compensation, correct or revise arty error of deficiencies in the services that aze caused by the Consultant's negligence. 3/28/2002 Dave Jahn Contract Pale 1 of 6 SECTION 4 CONSULTANT'S PERSONNEL 4.1 Consultant acknowledges that the Owner is relying upon the qualifications of Consultant's personnel, if any. Consultant has represented, and by entering into this contract, now represents, that the Consultant is in full compliance with the applicable statutes of the State of Idaho relating to licensing of professional personnel and that all personnel assigned to perform services are fully qualified to perform the services in a competent and professional manner. SECTION 5 RESPONSIBILITY OF OWNER 5.1 Owner will cooperate fully with Consultant to achieve the objectives of this contract. The Owner will provide to the Consultant complete information and criteria for performance of services. 5.2 Owner will provide all permits, products, and necessary information. SECTION 6 SCHEDULE 6.1 Consultant will perform the services as expeditiously as is consistent with professional skill and care. 6.2 Consultant will provide monthly progress reports with the invoices for Consultant's services. Each report will describe the services provided since the preceding report and the services, which the Consultant expects to complete prior to the next report. SECTION 7 PAYMENT 7.1 Owner will pay Consultant at a rate of $60.00 per hour. 7.2 Total amount of contract will not exceed $12,000 without prior written approval from the Owner. 7.3 Owner will reimburse Consultant for expenses incurred by Consultant in performance of services. Expenses will be limited to film and developing, office supplies, telephone service (if required), and project-related mileage, not including mileage to and from the job site. 7.2 Consultant will submit monthly invoices to Owner for Consultant's services and reimbursable expenses within thirty (30) days after the end of the month covered by the statement. The Owner will pay Consultant within thirty (30) days after the receipt and approval of each Invoice. 7.3 The parties anticipate that Consultant's fees and reimbursable expenses may increase over tame. Owner and Consultant will review fees and expenses prior to arty extension of the contract term, and the parties may agree to modify the payment rates for any annual extension. If the parties cannot agree on fees and reimbursable expenses, the contract will not be extended. 7.4 Owner will not be indebted or liable for any obligation created by this contract in violation of the debt limitation, its Charters or State Law. 7.5 Owner has appropriated funds for the services that will be provided during the current fiscal year. In the event that a billing from the Consultant is not paid within thirty (30) days, the Consultant may immediately suspend performance under this agreement. In the event that no 3/28/2002 Dave Jahn Contract Pale 2 of 6 funds or insufficient funds to pay for the services are appropriated for subsequent fiscal years, Owner will immediately notify Consultant, and this contract will terminate on the last day of the fiscal year for which appropriations are made. SECTION 8 OWNERSHIP OF DOCUMENTS 8.1 All documents prepared by the Consultant pursuant to this contact will be the property of the Owner. SECTION 9 INDEMNTFICATION 9.1 This section will apply to all tort claims, except claims for professional liability. Consultant will indemnify, defend, and hold blameless Owner, its officers, agents, and employees from any and all claims, actions, subrogation, judgements, court costs, and other expenses resulting from arty injury to any person or damage to property, of whatsoever nature arising out of the activities of the Consultant pursuant to this Contract (including but not limited to, the acts and omissions of Consultants officers, employees, agents, and subcontractors). Consultant will not be held responsible for damages directly, solely, and proximately caused by the negligence or other tortious acts of the Owner. SECTION 10 INSURANCE 10.1 Consultant will, at all times during the term of this contract, maintain in force 10.1.1 An automobile liability insurance policy. 10.1.2 A general liability insurance policy. 10.2 The coverage under the automobile liability insurance policy will be equal to minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. The general liability insurance policy will have a combined single limit, or the equivalent of $1,000,000 for each claim, incident, or occurrence. 10.3 Certificates of insurance acceptable to the Owner will be filed with the Owner prior to the commencement of any services by Consultant. Each certificate will state that coverage afforded under the policy cannot be cancelled and restrictive modifications cannot be made until at least 30 days prior to written notice has been given to the Owner. SECTION 11 COMPLIANCE WITH LAW 11.1 This contract will be governed by the laws of the State of Idaho. Consultant will perform its obligations under this contract in accordance with all applicable laws, ordinances, rules, and the regulations now, or hereafter in effect. SECTION 12 DEFAULT 12.1 There will be a default under this contract if either party materially fails to comply with arty provision of this contract within fifteen days after the other party gives written notice specifying the breach. If the breach specified in the notice cannot be completely cured without the fifteen-day period, no default will occur if the party receiving the notice begins curative action within the fifteen-day period and thereafter proceeds with reasonable diligence and in good faith to cure the breach as soon as practicable. 3/28/2002 Dave Jahn Contract Pale 3 of 6 12.2 Notwithstanding subsection 12.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly, materially breaches the terms of this contract. 12.3 Pending final resolution of a dispute, or pending termination of this contract under this section, the parties will proceed diligently with the performance of this contract, unless the Owner decides to suspend payments. 12.4 If a default occurs and it is not resolved under subsection 12.3 above, the party injured by the default may elect to terminate this contract and pursue arty equitable or legal rights and remedies available under Idaho law. 12.5 Any litigation arising out of this contract will be conducted in Circuit Court or District Court of the State of Idaho for Ada County. 12.6 In the event of arty breach of this contract by the Consultant, the Owner's cause of action against Consultant will not be deemed to accrue until the Owner discovers such breach, or should have, with reasonable diligence, discovered such breach. However, the preceding sentence will not be construed to allow the Owner to prosecute an action against the Consultant beyond the maximum time limitations provided by Idaho law. SECTION 13 TERMINATION WITHOUT DEFAULT 13.1 In addition to the right to terminate this contract under section 12, either party may terminate by giving thirty (30) days written notice to the other party. 13.2 Arty termination under this section will be without prejudice to arty obligations or liabilities of either party already accrued prior to such termination. 13.3 If the Owner terminates the contract under this section, the Consultant will have the right to complete such analyses and records as may be necessary to place its files in order and to protect its professional reputation. 13.4 If Owner terminates the contract under this section, the Consultant will be paid for all fees earned and costs incurred prior to the termination date and reasonable fees and costs for actions pursuant to subsection 13.3. The Consultant will not be entitled to compensation for anticipated profits on services that are not performed prior to the notice of termination. SECTION 14 NOTICE 14.1 Any notice required to be given under this contract will be in writing and will be given by personal delivery, mail, or facsimile transmission Any notice required to be given bylaw, will be given in the manner specified by the applicable law. 14.2 Notice to the Owner will be directed to: Mr. Lenard Grady Staff Engineer City of Meridian 660 East Watertower, Suite 200 Meridian, ID 83642 3/28/2002 Dave Jahn Contract Page 4 of 6 Notices to the Consultant will be directed to Mr. Dave Jahn Inspection Consulting Services International P.O. BOX 1501 Nampa, ID 83653-1501 SECTION 15 NO WAIVER 15.1 No provision of this contract will be deemed waived unless such waiver is in writing and signed by the party alleged to have waived its rights. Any waiver of a breach by either party, whether express or implied, will not constitute a waiver of any different breach. 15.2 The Owner's review, approval, or acceptance of services or payment for services will not be construed to operate as a waiver of any rights under this contract. SECTION 16 SEVERABILITY 16.1 If arty provision of this Contract is held by any court of competent jurisdiction to be invalid, such invalidity will not affect any other provisions of this Contract, and this Contract will be construed as if the invalid provision had never been included in the Contract. SECTION 17 MODIFICATION 17.1 No modification of this Contract will be valid unless in writing and signed by all parties involved. SECTION 18 SUCCESSORS 18.1 The Owner and the Consultant and the respective successors, assigns, and legal representatives of each aze bound by this Contract to the other party and to the successors, assigns, and legal representatives of the other party. The Consultant will not assign the Consultant's rights or obligations under this Contract or enter into any subcontracts for the performance of the services without prior written consent of the Owner. SECTION 19 ENTIRE AGREEMENT 19.1 This Contract and the attached exhibits constitute the final and complete agreement of the parties and supersede all prior and existing or oral understandings except as otherwise continued in effect by the terms of this Contract. Authorized representatives of the parties have signed in confirmation of this Contract, with effective date the day and year first above written. k" + c f...: CITY OF MERIDIAN , . ';~.~ ~- °~ ~ Aave Jahn dba Inspection Consulting ,~-~-- ,. C~ ~~=: ; ~ a Services Inte tional ';~ By: B Robert D. Corrie, Mayor ~ .,. ~' ave J /~YU e1!'~n ~» ~':"; Attest . , ~ William G. Berg, Jr., Ci lerk' z CeHr~~ ~rp~ ~~02~~Z 3/28/2002 Dave Jahn Contract Page 5 of 6 EXHIBIT A SCOPE OF SERVICES 1.0 Consultant shall be responsible for field inspection services, which will include the following: 1. Provide on-site inspection to monitor the progress of the Contractor's work and compliance with the Construction Contract Documents. 2. Complete Daily and Weekly Progress Reports using a form to be furnished by the Consultant. 3. Attend weekly Progress Meetings with the Contractor, Engineer, and Owner 4. Coordinate with Engineer to provide necessary clarifications and interpretations of Construction Contract Documents as requested by the Contractor in the Field. 5. Review and verify quantities of work completed for Contractor's Progress Payment Requests. 6. Prepare punch list of pending items and conduct final inspection. 2.0 Project Communications 1. When questions arise during field inspection of the work as to conformance or non- conformance with the Contract Documents, Consultant will inform the Engineer. The Engineer will then determine conformance and either communicate directly with Contractor or direct Consultant to inform Contractor. Engineer will keep Consultant informed of communications made directly between the Engineer and the Contractor. 2. Copies of all Correspondence, Requests for Information. Shop Drawings, Payment Requests, and change orders will be given to Consultant for his use in the field. Consultant will be responsible for reviewing this correspondence for up-to-date inspection of the Contractor's work. 3. Consultant will describe all conversations with Contractor along with his field observations in the Daily Report. Copies of Daily Reports along with a summary weekly report will be given to Engineer at the end of each week. 3.0 Responsibilities and Limitations 1. Consultant will have the responsibility to observe the work in progress and take any tests or measurements as required to aid Engineer in determination of conformance with Contract Documents, as described above. 2. Consultant's authority at the job site will be limited as the Engineer's authority is limited in Section 9.10 of the General Conditions of the construction Contract Documents. 3/28/2002 Dave Jahn Contract Pale 6 of 6