HomeMy Public PortalAbout080-2010 - Metro - BureauVeritas - groundwater sampling - Carpenter.docPROFESSIONAL CONSULTING SERVICES AGREEMENT
THIS AGREEMENT made and entered into this _15th day of ___June______________, 2010, and referred to as Contract No. 80-2010, by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the “City”) and Bureau Veritas North America, Inc., 9376 Castlegate Drive, Indianapolis,
Indiana, 46256 (hereinafter referred to as the “Contractor”).
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide six (6) quarterly groundwater sampling of the former Carpenter plant site in Richmond, Indiana, closure of the wells and develop and submit
to the Indiana Department of Environmental Management (IDEM), on an annual basis, a summary report for 2010 and for 2011. Contractor shall perform services as outlined on Exhibit “A”,
consisting of six (6) pages, which Exhibit “A” is attached hereto and made a part hereof, and shall perform other consultation services within the scope of economic development efforts,
as requested by the Mayor, from time to time.
The Contractor shall furnish all services necessary for the proper completion of all work specified.
No performance of services shall commence until the following has been met:
The City is in receipt of any required certificates of insurance; and
A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor on an as needed basis for the complete and satisfactory performance of all work described on Exhibit A in a total amount not to exceed Twenty-Seven Thousand
Two Hundred Sixty-Eight Dollars ($27,268.00).
SECTION IV. TERM OF AGREEMENT
This Agreement shall be deemed effective when signed by all parties and shall continue in effect through no later than December 31, 2011.
Contract No. 80-2010
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:
failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement;
submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional
standards in any material respect;
ineffective or improper use of funds provided under this Agreement;
suspension or termination of the grant funding to the City under which this Agreement is made; or
unavailability of sufficient funds to make payment on this Agreement.
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 the Contractor, 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.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor 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 the Contractor’s conduct or performance
of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of
the City, its officers, agents, or employees. Contractor 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 the Contractor’s operations under this Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible.
Coverage Limits
A. Worker’s Compensation & Statutory
Disability Requirements
B. Employer’s Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $300,000 each occurrence
$300,000 aggregate
Section 2. Property Damage $100,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $300,000 each person
$300,000 each occurrence
Section 2. Property Damage $100,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
F. Malpractice/Errors & Omissions Insurance $500,000 each occurrence
$500,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER’S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker’s Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor 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.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor
or any sub-contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available
to perform the work to which the employment relates;
2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for
the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which
such person was discriminated against or intimidated in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms
or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement.
SECTION VIII. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party.
Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to
Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended
in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that
this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree
that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing
suit or any other action in any alternative forum, venue, or in front of any other tribunal, court or administrative body other than the Circuit or Superior Courts of Wayne County,
Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts
to enforce this Agreement, including but not limited to, City’s reasonable attorney’s fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and
no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates.
“CITY”
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By:______________________________
Vicki Robinson, President
By:_S/S Dian Lawson_____________
Dian Lawson, Member
By:_S/S Mary Jo Flood____________
Mary Jo Flood, Member
Date:_May 27, 2010________________
APPROVED:_S/S Sarah L. Hutton___
Sarah L. Hutton, Mayor
Date:_May 28, 2010________________
“CONTRACTOR”
BUREAU VERITAS NORTH AMERICA, INC.
9376 Castlegate Drive
Indianapolis, Indiana 46256
By:_S/S__________________________
Title:_Vice President_______________
Date:_June 15, 2010_______________