HomeMy WebLinkAboutWasterwater Odor Control Project AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
This Agreement made and entered into this 31 day of October, 2013, by and between the
City of Jeffersonville, IN (City) and Webster Environmental Associates, Inc. (WEA) is
for the services described in Exhibit A (Scope of Work) of this Agreement.
Purpose
The purpose of this Agreement is for WEA to assist Jeffersonville in Services During
Construction for the Jeffersonville Wastewater Odor Control Project — 2013 as described
in the attached Exhibit A (Scope of Work).
Compensation
Compensation for services performed as described in Exhibit A (Scope of Work) shall be
billed as time and materials, not to exceed $65,000. WEA shall not exceed the fee limit
without prior written authorization from the City. WEA shall submit monthly invoices
describing the work performed during the billing period. Y oices
Payment shall be made by the City within 30 days from receipt of the WEA invoice.
Legal Relations
WEA is for all purposes an independent contractor. In no event shall WEA be deemed to
be an agent or employee of the City. Full control of means and
methods of work
including provisions for required safety precautions shall be the responsibility of WEA.
Insurance
WEA shall maintain in effect at all times during performance of the services described in
this Agreement at least the coverage and limits of insurance with insurers in the following
amounts and coverage:
1. Worker's Compensation, with Employer's Liability limits not less ty than
$2,000,000 each accident.
2. Comprehensive General Liability Insurance with limits not less than $1,000,000
each occurrence Combined Single Limit for Bodily Injury and Property Damage.
3. Comprehensive Automobile Liability Insurance with not less than $1,000,000
each occurrence Combined Single Limit for Bodily Injury and Property Damage.
4. Professional Liability Insurance with not less than $2,000,000 aggregate.
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Required Provisions
WEA shall in the performance of this Agreement comply with all federal, state and local
laws; and all regulations and orders issued under any applicable law.
Governing Law
The terms of agreement shall be governed by the laws of the State of Indiana where the
services are performed provided that nothing contained herein shall be interpreted in such
a manner as to render it unenforceable under the laws of the state in which the Project
resides.
Termination
f
The Client or Webster Environmental Associates, Inc. may terminate services on the
Project upon thirty (30) days written notice with or without cause. Webster
Environmental Associates, Inc. shall submit an invoice for services performed up to the
effective date of termination and the Client shall pay Webster Environmental Associates,
Inc. all outstanding invoices within fourteen (14) days. The Client may withhold an
amount for services that may be in dispute provided that the Client furnishes a written
notice of the basis for their dispute and that the amount withheld represents a reasonable
value.
E- Verify Program
(A) WEA affirms under the penalties of perjury that it does not knowingly employ an
unauthorized alien. WEA shall enroll in and verify the work eligibility status of all its
newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. WEA
is not required to participate should the E- Verify program cease to exist. WEA shall not
knowingly employ or contract with an unauthorized alien. WEA shall not retain an
employee or contract with a person that WEA subsequently learns is an unauthorized
alien. WEA shall require its subcontractors, who perform work under this Agreement, to
certify to WEA that the subcontractor does not knowingly employ or contract with an
unauthorized alien and that the subcontractor has enrolled and is participating in the E-
Verify program. WEA agrees to maintain this certification throughout the duration of the
term of a contract with a subcontractor.
(B) WEA and its subcontractors shall not discriminate against any employee or applicant
for employment to be employed in the performance of this Agreement, with respect to his
or her hire, tenure, terms, conditions or privileges of employment or any matter directly
or indirectly related to employment, because of his or her race, religion, color, sex,
disability, national origin, or ancestry. Breach of this covenant may be regarded as a
material breach of this Agreement.
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IN WITNESS HEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement, with effective date the day and year first above written.
Cit ofieffersonville it
By
s Title: I j
Date: `~1
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Webster Environmental Associates, Inc.
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Title: Vice President
Date: October 31, 2013
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