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Home My WebLink About07- Pipe and Tanks, LLC for the Hilltop Tank Painting Project, 2007 - ."'l'!"" AGREEMENT FOR INSPECTION SERVICES BETWEEN THE CITY OF BOZEMAN AND PIPE AND TANKS, LLC FOR THE HILLTOP TANK PAINTING PROJECT ~" ~f'Ic....~I THIS AGREEMENT is made this y day of AUgt:l3t, 2007, by and between the CITY OF BOZEMAN, a municipal corporation of the State of Montana, 411 East Main, Bozeman, MT 59715, hereinafter referred to as "City", and PIPE AND TANKS, LLC, hereinafter referred to as "Inspector. " WITNESSETH: WHEREAS, the Inspector represents that it has the knowledge, expertise, and qualifications required to render the services hereinafter described and required; and WHEREAS, the City and the Inspector have agreed that the Inspector shall perform the services required under the terms of the contract, all as hereinafter more particularly set forth. NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, IT IS AGREED: ARTICLE 1: GENERAL A. The Inspector shall furnish all material and perform all work necessary to conduct and complete inspection during the course of the Hilltop Tank painting project to determine that the Contractor's work is being completed in accordance with the Contract Documents and Specifications. B. The Inspector shall keep and maintain a daily construction diary tracking all work performed during the given work day. Any work that is not performed in accordance with the Contract Documents and Specifications shall be reported to the City immediately and shall be recorded in detail in the daily log. The Inspector shall make the daily diary available to the City at any time and shall furnish copies ofthe diary on a weekly basis. C. All work under this Agreement shall be done in a professional manner and shall be subject to the inspection and acceptance of the City, whose decision with respect to all questions arising out of the performance of such work shall be binding upon the parties hereto. D. The Inspector shall be responsible, to the level of competency presently maintained by other practicing professionals performing the same type of work, for the professional and technical soundness, accuracy, and adequacy of all work and materials furnished under this Agreement. E. Copies of field notes, drawings, prints, and plans prepared under the terms of this Agreement shall be delivered by the Inspector to the City upon completion of the work. F. This Agreement represents the entire agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements whether written or oral. This Agreement may be amended only by written instrument signed and dated by each of the parties hereto. G. The Inspector shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all services rendered under this Agreement ARTICLE 2: SCOPE OF WORK A. The Inspector shall provide full-time on-site inspection of all work performed by the Contractor during the length of the Hilltop Tank painting contract within the allowable hours of construction of 7 :OOAM to 7 :OOPM, with the understanding that weekend inspection may become necessary if weekend work is approved by the City. B. The Inspector shall be present during the Pre-Construction meeting for the project which as ofthe time of this Agreement shall be September 5,2007. ARTICLE 3: TIME OF PERFORMANCE A. The terms of this Agreement shall begin September 17, 2007 and end November 16, 2007 which coincide with the painting contract dates as of the effective date of this Agreement. In the event the end date of the painting contract is extended by Change Order, the length of this Agreement shall be extended to match, unless termination is agreed upon, in writing, by both parties. B. Notwithstanding the Agreement terms set forth above, the Inspector shall be present during the Pre-Construction meeting scheduled September 5, 2007. The City shall provide written notification to the Inspector if the meeting date changes. ARTICLE 4: COMPENSATION A. Payment for the services rendered shall be $3,200.00 per full work week of service, defined as Monday thru Sunday (including all reasonable costs), which amount shall not be exceeded without the written authorization of the City. If necessary, payment for partial weekly service shall be on a pro-rata basis. B. In the event the City determines it is necessary to use the Inspector as a witness in any litigation directly arising from the work performed in this Agreement, the Inspector shall be paid per the Inspector's fee schedule, dated February 1, 2007, which is hereby incorporated into this agreement as Exhibit A. C. The Inspector may submit invoices to the City once per month, during the progress of the work. Such invoices shall represent the value of any completed services. Invoices shall be processed for payment by the City in a timely manner. D. Final payment of any remaining balance will be made upon completion of the work and the receipt of all reports and inspection logs which are required to be furnished under this Agreement. Assessment of late fees is not allowed. ARTICLE 5: LEGAL RELATIONS It is mutually agreed by the parties hereto: A. This Agreement shall be governed by the laws of the State of Montana. B. The Inspector shall comply with all federal, state, and local laws, regulations, and ordinances applicable to the work to be done under this Agreement and shall defend the City in any suit arising from violations attributed to the Inspector. C. All provisions of the Contract between the Inspector and the City are made, by reference, a part of this Agreement. D. In the event arbitration is sought as the means of settling any dispute under this Agreement, such arbitration shall not be effected unless specific approval is given by both parties hereto. E. The Inspector will make freely available to the City for examination all directly pertinent books, documents, papers, and records of the Inspector involving transactions related to this Agreement. F. The Inspector hereby agrees to protect, defend, and indemnify the City, its officers, employees, and agents, of and from any claims, damages, compensation, suits, actions, and expenses relating to any and all reasonable losses or damages sustained by, or alleged to have been sustained by, any persons, including employees of the parties hereto, and occasioned or allegedly occasioned by the negligent acts, errors, or omissions of the Inspector, or anyone directly or indirectly employed by the Inspector, while in any way engaged in the performance of this Agreement. G. The Inspector shall provide proof of insurance to the City as follows: 1) Workers' compensation insurance for all employees engaged in any way on the project, 2) Contractor's General Liability insurance as setforth in the Supplementary Conditions to the General Conditions of MPWSS, 5th Edition, and 3) Errors and Omissions Insurance and any other insurance coverage which Inspector deems to be required for the project. ARTICLE 6: ATTORNEY'S FEES A. In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, or give any notice required herein, then the prevailing party, or the party giving notice, shall be entitled to reasonable attorney's fees and costs, including fees, salary and costs ofin-house counsel to include the City Attorney and staff. ARTICLE 7: TERMINATION OF AGREEMENT A. Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by the City of all work specified under the painting Contract. B. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party; providing, no such termination may be effected unless the other party is given 1) at least 30 calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and 2) an opportunity for consultation with the terminating party prior to termination. C. If this Agreement is terminated in whole or in part by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but no amount shall be allowed for anticipated profit on unperformed services. D. Upon receipt of a termination notice, the Consultant shall I ) promptly discontinue all services affected (unless the notice directs otherwise); and 2) deliver or otherwise make available to the City, all reports, drawings, specifications, estimates, summaries, and such other information and materials as may have been accumulated by the Inspector in performing this Agreement. " In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA BY:CQivlft.~ (City Manager) .__.--=:::::.""--wr.... . ,. ATI~ . ~ . ~ :: .:-::::-- ." .-..... BY: .." ... . (eit. .. erk)-"c.~ ~ . . .~ . -~--. ,- ~. INSPECTOR BY: /~~ (President) DATE: 8/23/0 7 . ~ PIPE AND TANKS LLC 260 SE Cessna Lane PO Box 45 Babb MT 59411 Services Ins ection Per Diem Milea e ~ ~~ "Rust never sleeps" Fee Schedule Office: (406) 732-9277 Cell: (406) 270-5970 E-Mail: patallpjpeandtanks.com Web: www.pjpeandtanks.com Effective February 01,2007 Costs new fed rate