HomeMy Public PortalAbout100_050_Engineering Consulting Independent Contractor Agreement - 05 16 13 STATE OF GEORGIA )
COUNTY OF CHATHAM )
ENGINEERING/CONSULTING/INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT made and entered into this day of , 2013
by and between the CITY OF TYBEE ISLAND, GEORGIA (hereinafter the "City") and
DOWNER DAVIS, Individually and for DAVIS ENGINEERING, INC. (hereinafter collectively
"Davis").
WITNESSETH :
WHEREAS, the City is a municipal corporation in the State of Georgia desiring services
in the nature of engineering review of site plans and other projects at the request of the City; and
WHEREAS, Davis is duly licensed to provide engineering services; and
WHEREAS, the parties wish to enter into an agreement whereby Davis will work with
the City to provide engineering services as an independent contractor; and
WHEREAS, the parties wish to reduce their agreement to writing.
NOW, THEREFORE, in consideration of the mutual promises and undertakings
contained herein, and other good and valuable consideration, the parties agree as follows:
1. Davis will make his engineering consulting services available to the City and
consult with City staff, management, elected officials and counsel as appropriate in connection
with projects as identified by the City through its authorized agents including most frequently the
zoning official or his or her designee.
2. Davis will maintain all appropriate levels of qualifications and licensure in the
State of Georgia in order to perform all services requested or will notify the City of the absence
of any appropriate license or authorization throughout the term of this Agreement.
3. Davis will respond within a reasonable period of time to inquiries from authorized
representatives of the City on issues relating to projects identified by the City or assigned to
Davis and will provide plan review, advice, comments, drainage evaluations, sewer, erosion
control, vegetation and impact assessments, as well as construction observation or supervision as
requested. Davis shall also prepare written reports as requested by the City. Plans, reports,
evaluations, etc. prepared by Davis shall become the property of the City.
4. In consideration of the undertakings of Davis on behalf of the City and the
services rendered by Davis to the City, the City agrees to compensate Davis on an hourly basis
for all work and consulting at the following rates:
(a) CAD operator/designer $130.00 per hour
(b) Construction observation $120.00 per hour
(c) Professional engineer $175.00 per hour
(d) Soil and erosion control $ 90.00 per hour
5. The rates established above shall remain in effect unless otherwise
changed by written agreement of the parties.
6. Payment of any invoice by the City to Davis shall be taken to mean that the City
is satisfied with Davis' services and is not aware of any deficiencies in those services. If the City
objects to any portion of an invoice, the City shall so notify Davis in writing within ten(10) days
of receipt of the invoice. The City shall identify the specific cause of the disagreement and shall
pay when due that portion of the invoice not in dispute. If the City for any reason fails to pay the
undisputed portion Davis' invoices within thirty(30) days of presentation, Davis has the right to
cease work on the project.
7. During the term hereof, when Davis is not acting on behalf of the City or working
on its behalf in the performance of his responsibilities hereunder all of which when performed
are as an independent contractor, Davis is free to engage in personal or professional activities
and other professional pursuits. Davis agrees not to engage in civil engineering work for entities
or individuals on projects with the City.
8. The term of this agreement shall be for the period from May , 2013 and
terminating on December 31, 2013; however, this Agreement shall automatically renew for
additional calendar years in the absence of a notice of intention not to renew at least forty-five
(45) days prior to the expiration hereof or any automatic renewal hereof; provided, however, that
this Agreement may be terminated by either party at any time upon providing forty-five (45)
days written notice of intention to terminate. In the event of termination not the fault of Davis,
Davis shall be compensated for services performed prior to termination.
9. It is understood between the parties that the City shall make all decisions
concerning City personnel, City funds and budgeting and no expense chargeable to the City may
be incurred by Davis without express prior authorization from the city manager and/or zoning
representative. Davis shall be authorized to hire other consultants, professionals, engineers, or
other agents; however, any such person or entity shall be Davis' sole expense.
10. Specifically authorized representatives of the City, including the manager, city
attorney, elected officials and zoning representative, may initiate contact with Davis regarding
inquiries in connection with pending projects. Confirmation of any request for Davis' services
shall be made by Davis in writing with a copy to the zoning representative and manager
indicating that the request is made pursuant to this Agreement.
11. Davis agrees to maintain appropriate errors and omissions coverage with limits of
not less than$1,000,000.00 and to provide proof thereof to the City by way of a declaration page
or certificate of insurance.
12. Davis is retained only for the purpose and to the extent set forth in this Agreement
and his relationship and that of his firm to the City shall be that of independent contractor. As
such, Davis shall not be entitled to any retirement, health or similar benefits which are available
only to City employees.
13. Any notices hereunder, including notices regarding any parties ability to terminate
for any reason whatsoever or for no reason at all, as the party may determine in its own
discretion,upon 45 days notice in writing to the other party. Notice as required in this paragraph
or any other notice as required or called for under this Agreement shall be directed as follows:
To City: Mayor Jason Buelterman
Or his successor in Office
City of Tybee Island
P.O. Box 2749
Tybee Island, GA 31328
With a copy to: City Manager
P.O. Box 2749
Tybee Island, GA 31328
To Davis: Downer Davis
Davis Engineering, Inc.
P.O. Box 1663
Tybee Island, GA 31328
14. The scope or nature of services Davis shall provide are generally provided on the
attached Exhibit A hereto.
15. The City may, from time to time, establish such other terms and conditions of this
engagement provided that such terms and conditions are not inconsistent with or in conflict with
the provisions of this Agreement.
16. This Agreement contains the entire agreement of the parties and may be modified
only in writing signed by both parties.
IN WITNESS WEHREOF, the parties have hereunto set their hands and seals the day
and year first above written.
CITY OF TYBEE ISLAND, GEORGIA
By:
Jason Buelterman, Mayor
Attest:
Jan LeViner
DAVIS ENGINEERING, INC.
By:
Downer Davis, for Davis Engineering, Inc.
Witness:
Downer Davis, Individually
Approved as to form:
Edward M. Hughes
Attorney for the City of Tybee Island, GA