2009-05-27 CC Packet - Laserfiche WebLink

Home Browse Search

CONTRACT AGREEMENT BETWEEN The CITY OF CENTERVILLE and AMERICAN ENGINEERING TESTING, me. FOR PROFESSIONAL SERVICES This agreement is made and entered into this _th day of , 2009, by and between the City of Centerville, Minnesota, hereafter referred to as the CITY and American Engineering Testing, Inc., St. Paul, Minnesota, hereinafter referred to as AET. Witnesseth: Whereas, the CITY has need for various services, including subsurface exploration, geotechnical engineering, materials testing~ laboratory services, and environmental services; and Whereas, it is the desire of the CITY to enter into a Contract Agreement with AET for the performance of those services; and Whereas, a letter outlining the scope of services and basis of payment shall be issued by AET and accepted by the CITY on specific projects (Letter Proposal). Now, therefore, the CITY and AET hereby mutually agree as follows: SECTION I - SERVICES TO BE PERFORMED BY AET A. Basic Services 1. The CITY may engage AET to furnish basic professional services in accordance with the terms and conditions of this Contract Agreement. The scope of these services may include, but shall not be limited to subsurface exploration, geotechnical engineering, materials testing, laboratory services, and environmental services. The terms and conditions of this Contract Agreement shall be incorporated in any Letter Proposal accepted by the CITY, unless specifically modified therein. 2. AET shall perform services in accordance with the terms and conditions of this Agreement as an independent contractor. Except where otherwise provided in this Agreement, AET shall be responsible for the means and methods used in performing services under this agreement, and is not a joint-venture with the CITY. The CITY or its designated representative shall coordinate AET's Services and shall facilitate the exchange of information among the independent professional associates and consultants employed by the CITY. 3. AET will perform services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. 4. AET shall request and obtain the data and information considered important for the performance of AET's Services from the CITY. AET is responsible to see that the documents prepared by AET and the services AET renders hereunder will conform to applicable Federal, State, and local laws, rules, regulations, ordinances, codes, orders, and other requirements. AET's communications to or with the CITY's other independent professional associates and consultants will be through or with the knowledge of the CITY. 5. AET will inform the CITY when AET is unable to perform exploration services in the event private underground improvements cannot be located. The CITY must accept that in order to perform services in this case, the CITY must locate private underground improvements, arrange for location of such improvements, or waive AET's liability in writing in the event such non-located improvements are ACS4 I 1(09102) ver2 - Page I of 6 43