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Home My Public Portal About023-2016 - Engineering - Rick McAvene - SurveyingAGREEMENT FOR LAND SURVEYING SERVICES This Agreement is entered into this day of C , 2016, by and between the City of Richmond, Indiana, through its Board of Public Works & Safety (hereafter "City") and Rick L. McAvene DBA River Valley Surveying, 3602 Woods Drive, Richmond, Indiana, 47374 (hereafter "McAvene"). WITNESSETH: WHEREAS, The City has the need, in addition to services provided by the Department of Public Works and Engineering, to retain land surveying services and assistance to said City department; and WHEREAS, The parties believe that McAvene can provide the necessary services to the Department of Public Works and Engineering as requested and authorized by its Director; and WHEREAS, The City, through its Board of Public Works, desires to enter into a contract for the purchase of land surveying services from McAvene as set forth below. NOW, THEREFORE, in consideration of the terms and conditions contained herein, including the above stated recitals, the parties agree as follows: A. TERM OF AGREEMENT This Agreement shall be for a period beginning April 11, 2016, and ending December 31, 2016. Notwithstanding such term, either party may terminate, for any reason, this Agreement prior to such time, with fourteen (14) days prior written notice. The City shall retain an option to renew, upon the same terms and conditions, for the 2017 calendar year. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of McAvene to fulfill in a timely manner his obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by McAvene to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. unavailability of sufficient funds to make payment on this Agreement. Contract No. 23-2016 In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or McAvene, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. B. COMPENSATION In consideration for the services to be provided herein, McAvene shall be paid the rate of Thirty-eight Dollars and Fifty Cents ($38.50) per hour for any work requiring a Licensed Land Surveyor and shall be paid the rate of Eighteen Dollars and Fifty Cents ($18.50) per hour for any other work assigned by the City (not requiring a Licensed Land Surveyor), with said hours and days of work to be determined by the Director of Public Works and Engineering and McAvene. In the event this Agreement is terminated by either party prior to December 31, 2016, as provided herein, the amount payable shall be pro -rated to the date of termination. All invoices for services hereunder shall be submitted by McAvene, and reported for state and federal tax reporting purposes under the federal tax identification number of McAvene or his business name. C. DUTIES OF ENGAGEMENT McAvene shall serve as land surveyor in the Department of Public Works and Engineering for the City. In such capacity, McAvene shall be supervised by, and report to, Director Greg Stiens. The duties of McAvene shall include, but not be limited to, land surveying and specialized technical services involving engineering for the Department of Public Works and Engineering, and such other matters as may be assigned by the Director of Public Works and Engineering. D OBLIGATIONS OF CITY TO PROVIDE SUPPORT SERVICES City shall provide McAvene the following support services and facilities to better enable McAvene to provide the services contemplated by this Agreement: a) Office space for use at the Department of Public Works and Engineering in the City Building; b) Computer, e-mail access, word processing software (Microsoft Word 95 or a more recent version), CAD software, telephone, facsimile service, GPS, Total Station, and the usual and customary office equipment and supplies of comparable quality as those other offices housed in said City Building; c) Use and support of a secretary for the Department of Public Works and Engineering. d) Use of a City vehicle when specifically authorized. Page 2 of 4 E. F. G. e) Authorization to use City's account with County Recorder's office to record all surveys and associated reports with the Wayne County Recorder's Office. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, McAvene or any person acting on behalf of McAvene shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. INDEMNIFICATION AND INSURANCE McAvene agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from McAvene's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering McAvene liable for acts of the City, its officers, agents, or employees. McAvene shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from McAvene's operations under this Agreement, whether such operations by McAvene or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts McAvene may be held responsible. Coverage 1. Worker's Compensation & Disability Requirements Malpractice/Errors & Omissions Insurance Limits Statutory $1,000,000 each occurrence $1,000,000 each aggregate COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, McAvene is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program (if applicable). McAvene is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, McAvene shall provide to the City his signed Affidavit affirming that McAvene is not an unauthorized alien and/or does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event McAvene violates IC 22-5-1.7 McAvene shall be required to remedy the violation not later than thirty (30) days after the City notifies McAvene of the violation. If McAvene fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the McAvene to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public Page 3 of 4 property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. H. IRAN INVESTMENT Pursuant to Indiana Code (IC) 5-22-16.5, McAvene certifies that he is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify McAvene in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event McAvene fails to demonstrate to the City that McAvene has ceased investment activities in Iran within ninety (90) days after the written notice is given to McAvene, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by McAvene in the manner set forth in IC 5-22-16.5, the City reserves the right to consider McAvene to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. In Witness Whereof, the parties execute this agreement as of the date first set forth above. "CITY" City of Richmond, Indiana, through its Board of Public Works & Safety By Vicki Robinson, President I ---- By �g ;-t— Richard Foore, Member By Anthony Foster, I , Member Approve4 by the Mayor this �_ day of vv`O'e&O , 2016. Snow "MCAVENE" 3602 Woods Drive Richmond, IN 47374 BY OJa(M CaltPA(o Rick L. McAvene Page 4 of 4