HomeMy WebLinkAboutStone Creek Stream Restoration - Water/Wetland Consulting Services Proposal 11-057 PROFESSIONAL SERVICES AGREEMENT
PROJECT NAME: Stone Creek Stream Restoration - WatonWetiandLionze.figLarvicce PROPOSAL NO: RcdMng Premolar 11 -057
LOCATION: Jaffersonvile, Clark County, Indiana CUENT: City of Jeffersonville
1.0 SCOPE OF WORK. Redwing Ecological Services. Inc., through and by Its offices, employees and subcontractors (hereinafter
REDWING). is an independent consultant and agrees to provide CLIENT, for as sole benefit and exclusive use. professional consulting
Sen ces set forth in our proposal. No Third party beneficiaries are intended by this Agreement
2.0 STANDARD OF CARE. REDWING will pedcm its Services using that degree of skill and care ordinarly exerdsed by roputabla members of
its professlon po0i ring if ace sane or similar locality al the lime of Service. No other warranty, express ce impaed, i made a intended by our
proposal or by our oral or waren reports.
3.0 CUENTS RESPONSIBILITIES. CLIENT will provide REDWING with an accurate description of the Site where Me Services are to be
performed and will furnish REDWING with as available information (including the physical characteristics. legal imitations and utility
Initiations) al the Site. CUENT vile provide ter a anange for a nyft of entry to REDWING, Its agents. staff. or suboontradars. for the Purpose of
performing and with the right to perform all acts, sullies, and research inducting. without limitation. the making of tests and evaluations. pursuant
10 the agreed Services. Subject lo appreabe rarw. CLIENT will provide REDWING. its employees and subcantrsCmrs. reasonable access re
the Site.
AO INSURANCE REQUIREMENTS. REDWING will maintain reasonable Insurance overages for general liablity auto. worker's mmpesaion,
and professional Iiabilty (ESC). Certficates will be provided upon request
69 PROFESSIONAL LIABILITY. Fa additional eorsideranm of 51900. receipt of which is hereby acknowledged. CUENT agrees Cat
REDWNGs Iiabaty :o CLIENT or any bard perry due to any negligent professional acts. emirs or emissions or breach o' contract MII be limited to
an aggregate/of $1.000.00O or the amauit of the total fee. whichever is greeter.
6.0 PAYMENT TERMS. REDWING shall submit mvolces for approved Services to CLIENT upon oomple6on of the Services. or on a two b
foul..week basis for longer projects. CLIENT agrees to pay Redwng•s invoices upon Mdr receipt. If payments not received MMn Awry (30)
days from me Invoice date, CLIENT agrees to pay merest en nee: peal due ample at me prevailing legal rote, plus a SeMCe large. induding
reasonable attorney's fees, if collected through an attorney. If CLIENT objects to a portion of any invoice. CLIENT shall notify REDWING
within len (10) days Wren dale of the invoice, give reasons for thc objection. and Puy Mel portion of the invoice not in dispute.
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7.0 UNANTICIPATED CONDITIONS. Should REDWING encounter conditions at the Site where Services arc bag pafamed which were not
reesaabiy anticipated end not previously revealed to REDWING in willing by Me CLIENT. upon notice to CLIENT. REDWING at its sole
dsaetion may 1) mmirue with the Services to completion; 2) suspend activities and prepare a change order request for approval by CLIENT
pint to proceeding, or 3) lamina* al Services alter five days' pro notice to CLIENT.
AO DOCUMENTS. REDWING win furnish CLIENT the agreed upon number of written reports and sAporkng documents. These arc provided for
CLIENTs exclusive Internal use and r&anoe. use of CUENT's monad. use of CLIENT's queened blenders, and for regulatory submittal in
Connection with Me project or SeMCs provided far in the Agreement. Any rouse on another project. or redsbibutan b third Pates shall be at
aole Sea CUENT. There ate no third parry bend dames to this Agreement.
9.0 CONFIDENTIALITY. REDWING will maintain n aonfidela any comments or Information provided by CLIENT and will not release.
disbbule or pubksh same to any third carry without prior permission from CLIENT. unless compiled by Iari or order of a court or regulatory boy
of competent junsdetinn. Such release will occur onlyancr prior notice to CLIENT.
10.0 SEVERASIUTY. In the event any provision or part herein s'al be deemed invalid or unenforceable. the other provvsics cr parts hereof
shall remain In full force and effect, and bindng upon the parties hereto.
11.0 SURVIVAL. All obgaeons slang prkfr to the termination of Mix Agreement ad all provtsbr1s of Ws Agreement atocssing resporeib ity or
liability between CLIENT and REDWING shall SILrvN0 the mmpfeoon of the SeMcea and the termination of this Agreement.
12.0 GOVERNING LAW. This Agreement shall be governed in all reepecs by the laws of the state in which the Services are performed.
13.0 TERMINATION. This Agreement may be terminated by either party at MI. or upon a sfure of the ocher parry to peiomn its obsgatons
hereunder in accordance with thc tams of this Agreement or in a good and workmanlike manner. upon gving thirty (30) days written notice cf
sorb termnabcn. Upon termnabcn of }•e Agreement. the Subcontredor shall be pad for services provided and not pnwousty pad. but shall
rave not right lo perform Weer services under this Ageeme n ce to receive any compensation for services or matedal provided after the care of
teeninaten.
14.0 ENTIRE AGREEMENT. The Parties agree Mat Me provisions of this Agreement shat cannot and govern over any nom or preprinted writing
sired by the Parkes. such as died Purchase Orders. Work Orders. etc.. and Mat such terms may be issued by CLIENT to REDWING os a
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matter of convenience to the Parsee wrthoul altering any of trine teens or provisions hereof. This Agreement me attort.ed documents and those
Incorporated herein. oorstitutc thc enty Agreement cetween the Parties and cannot be changed except by a wntton inssumont signed by both
parties.
AUTHORUEO: By (Print Name and TN N): AA Mr CZOUCH CITY FN/i /dwaR
Signab.a GaC ,y / Date: 7 '/ %• //
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