HomeMy Public PortalAbout007-Airport Professional SvcAGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into ��� d 20L�4-t_, by
and between CITY OF RICHMOND BOARD OF AVIATION COMMISSIONERS, acting by and
through its proper officials, hereinafter referred to as the LOCAL PUBLIC AGENCY or LPA, and
BUT FAIRMAN and SEUFERT INC. INDIANAPOLIS INDIANA, (hereinafter referred to as
the "CONSULTANT').
WITNESSETH
WHEREAS, the LPA desires to contract with the CONSULTANT for the following:
General EngineeringEngLneering Services and Air ort Mann ement Consultation; and
NOW THEREFORE, in consideration of the following mutual covenants, the parties
hereto mutually covenant and agree as follows:
SECTION I BASIC SERVICES BY CONSULTANT
The services to be provided by the CONSULTANT under this AGREEMENT are set out
as follows:
1.1. Provide consultation for up to 25 hours per month with the LPA. Travel time and
expenses to and from a meeting destination will be counted
hours.; toward these consultation
1.2. Provide consultation for telephone conversations initiated by the LPA, as well as with
local, state and federal agencies relative to the LPA's interests;
1.3. Review and prepare recommendations relative to all correspondence and document-
tation received from LPA and other federal, state and local governmental organizations;
1.4. Prepare correspondence and complete reporting forms and applications as
requested by the LPA so long as such preparation does not require extensive or detailed
engineering computations, detailed drafting, or AutoCAD drawing, field surveys and clerical
work.
Contract No. 7-2004
Page 1 of q
SECTION II COMPENSATION
The CONSULTANT shall receive payment for the work performed under this
AGREEMENT as set forth in the following:
2.1. For Basic Services. For services provided by the CONSULTANT in Section I of
this AGREEMENT: The LPA will be billed in monthly increments a total annual lump sum
retainage fee of $12,000.00
2.2. For Additional Services. For all other services outside the scope of services
outlined in Section I of this AGREEMENT. The CONSULTANT shall be paid for the
principals and employees engaged directly on the work relative to the services requested by
the LPA at the applicable direct hourly wage plus direct hourly wage increased by a factor of
1.8 to cover overhead and fixed fees. The range of the resulting charges will be within the
following:
A. Engineer: $65.00 to $140.00
B. Assistant Engineer: $50.00 to $90.00
C. Draft Person:
D. Clerical: $40.00 to $65.00
55.00
E. Two -Man Survey Crew: $90.00 to $115.0
F. Three -Man Survey Crew: $910.0 to $115 .0
$110.00 to $150.00
2.3. For Reimbursable Expenses. In addition to payments provided for in paragraphs 2.1
and 2.2, the LPA shall pay the CONSULTANT the actual costs of all Reimbursable Expenses
incurred in connection with only those Services provided in paragraph 2.2. Reimbursable
Expenses mean the actual expenses incurred by the CONSULTANT, such as expenses for:
CONSULTANT's independent professional associates or consultants approved by the LPA
directly in connection with the related services; transportation and subsistence incidental
thereto; subsistence and transportation of Resident Project Representatives and their
assistants; reproduction of reports, Drawings, Specifications, Bidding Documents and similar
Project -related items; and, if authorized in advance by the LPA, overtime work requiring higher
than regular rates.
SECTION III PERIOD OF SERVICE
The CONSULTANT and LPA shall agree to the period of services for all services
performed under this AGREEMENT as set forth in the following:
3.1 This AGREEMENT will become effective upon approval by the LPA.
3.2 This AGREEMENT shall be applicable to all assignments authorized by the LPA and
accepted by the CONSULTANT subsequent to the date of each notice and shall be effective
as to all assignments authorized.
3.3 It is mutually understood and agreed by the parties hereto that the fees and hourly rate
schedule for services herein stated shall be in effect for a period of one year from the date of
the execution of this AGREEMENT. These fees and hourly rates shall be reviewed at the end
of that one-year period and every year thereafter. Adjustments may be made as required to
reflect increased costs for rendering the services herein described.
Page 2ofq
3.4 Services may be terminated by the CONSULTANT or LPA upon notice by the
CONSULTANT or LPA through no fault of the terminating
CONSULTANT shall deliver to the LPA copies of all data obtained or gelne ated pdonedto the date
of the termination. The earned value of the work performed shall be based upon an estimate of
the portions of the total services as have been rendered by the CONSULTANT to the date of
the abandonment. The payment as made to the CONSULTANT shall be paid as the final
payment in full settlement for the services hereunder.
SECTION IV SPECIAL PROVISIONS EXHIBITS AND SCHEDULES
The CONSULTANT shall comply with and include in every subconsultant tier the following
federal clauses for professional service contracts.
4.1. Air ort and Airwa Im rovement Act of 1982 Section 520 General Civil Ri hts
Provisions (Version 1 1/5/9nl
The CONSULTANT assures that it will comply with pertinent statutes, Executive
orders and such rules as are promulgated to assure that no person shall, on the grounds
of race, creed, color, national origin, sex, age, or handicap be excluded from
participating in any activity conducted with or benefiting from federal assistance. In the
case of CONSULTANT, this provision binds the CONSULTANT from the bid solicitation
period through the completion of the contract.
4.2. Civil i
1 1 /5/90 .
During the performance of this Contract, the CONSULTANT, for itself, its assignees and
successors in interest (hereinafter referred to as the "CONSULTANT') agrees as follows:
a• Compliance with Regulations.
The CONSULTANT shall comply with the Regulations relative to
nondiscrimination in federally -assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Contract.
b• Nondiscrimination.
The CONSULTANT, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color or national origin in the selection and
retention of subcontractors, including procurements of materials and leases of
equipment. The CONSULTANT shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
Page 3 of 4
C. Solicitations for Subcontract, Including Procurements of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed under a subcontract, including procurements of
materials or leases of the CONSULTANT of the CONSULTANT's obligations under this
contract and the Regulations relative to nondiscrimination on the grounds of race, color, or
national origin.
d. Information and Reports.
The CONSULTANT shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by
the LPA or the Federal Aviation Administration to be pertinent to ascertain compliance with
such Regulations, orders and instructions. Where any information required of a
CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this
information the CONSULTANT shall so notify the LPA or the Federal Aviation
Administration as appropriate and shall set forth what efforts it has made to obtain the
information.
e• Sanctions for Noncompliance.
In the event of the CONSULTANT's non-compliance with the nondiscrimination
provisions of this Contract, the LPA shall impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate, including, but not limited
to:
1) Withholding of payments to the CONSULTANT under the Contract until
the CONSULTANT complies, and/or
2) Cancellation, termination or suspension of the Contract, in whole or in part.
f• Incorporation of Provisions.
The CONSULTANT shall include the provisions of Paragraphs 1 through 5 in every
subcontract, including procurements of materials and leases of equipment, unless exempt
by the Regulations or directives issued pursuant thereto. The CONSULTANT shall take
such action with respect to any subcontract or procurement as the LPA or the Federal
Aviation Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the event a CONSULTANT
becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a
result of such direction, the CONSULTANT may request the LPA and, in addition, the
CONSULTANT may request the United States to enter into such litigation to protect the
interests of the United States.
Page 4 of q
4.3. DBE Required Statements - 49 CFR Part 26
The CONSULTANT shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this
AGREEMENT, which may result in the termination of this AGREEMENT or such other
remedy as the LPA deems appropriate.
4.4. Inspection of Records - 49 CFR Part 18 (Version 1 1/5/90)
The CONSULTANT shall maintain an acceptable cost accounting system. The LPA, the
FAA, and the Comptroller General of the United States shall have access to any books,
documents, paper, and records of the CONSULTANT which are direct)
pertinent
specific contract for the purposes of making an audit, examination, excerpts, and
transcriptions. The CONSULTANT shall maintain all required records for three years after
the LPA makes final payment and all other pending matters are closed.
4.5. Rights to Inventions - 49 CFR Part 18 (Version 1 1/5/90)
All rights to inventions and materials generated under this contract are subject to regulations
issued by the FAA and the LPA of the federal grant under which this contract is executed.
Information regarding these rights is available from the FAA and the LPA.
4.6. BrPar h of r,,n+__4--r--.v_ „ ..
Any violation or breach of the terms of this contract on the part of the CONSULTANT or
SUBCONSULTANT may result in the suspension or termination of this contract or such
other action, which may be necessary to enforce the rights of the parties of this agreement.
4.7. Trade Restriction Clause - 49 CFR Part 30 Version 1 1/5/90
The CONSULTANT or SUBCONSULTANT, by submission of an offer and/or execution
of a contract, certifies that it:
a• is not owned or controlled by one or more citizens of a foreign country
included in the list of countries that discriminate against U.S. firms published by the
Office of the United States Trade Representative (USTR);
b• has not knowingly entered into any contract or subcontract for this project
with a person that is a citizen or national of a foreign country on said list, or is owned
or controlled directly or indirectly by one or more citizens or nationals of a foreign
country on said list;
C. has not procured any product nor subcontracted for the supply of any product
for use on the project that is produced in a foreign country on said list.
Page 5 of q
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a CONSULTANT or
SUBCONSULTANT who is unable to certify to the above. If the CONSULTANT knowingly
procures or subcontracts for the supply of any product or service of a foreign country on said
list for use on the project, the Federal Aviation Administration may direct through the LPA
cancellation of the contract at no cost to the Government.
Further, the CONSULTANT agrees that, if awarded a contract resulting from this solicitation,
it will incorporate this provision for certification without modification in each contract and in
all lower tier subcontracts. The CONSULTANT may rely on the certification of a prospective
SUBCONSULTANT unless it has knowledge that the certification is erroneous.
The CONSULTANT shall provide immediate written notice to the LPA if the
CONSULTANT learns that its certification or that of a SUBCONSULTANT was erroneous
when submitted or has become erroneous by reason of changed circumstances. The
SUBCONSULTANT agrees to provide written notice to the CONSULTANT if at any time it
learns that its certification was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed
when making the award. If it is later determined that the CONSULTANT or
SUBCONSULTANT knowingly rendered an erroneous certification, the Federal Aviation
Administration may direct through the LPA cancellation of the contract or subcontract for
default at no cost to the Government.
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this provision.
The knowledge and information of a CONSULTANT is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may render
the maker subject to prosecution under Title 18, United States Code, Section 1001.
4.8. Certification Regarding Debarment Suspension Ineliaibility and Voluntary Exclusion
49 CFR Part 29 (Version 1 1/5/90)
The CONSULTANT certifies, by submission of this proposal or acceptance of this
contract, that neither it nor its principals is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any federal department or agency. It further agrees by submitting this proposal that it will
include this clause without modification in all lower tier transactions, solicitations, proposals,
contracts, and subcontracts. Where the CONSULTANT or any lower tier participant is
unable to certify to this statement, it shall attach an explanation to this solicitation/proposal.
Page 6 of 4
4.9. Termination of Contract - 49 CFR Part 18 (Version 1 1/5/90)
a. The LPA may, by written notice, terminate this contract in whole or in part at any
time, either for the LPA's convenience or because of failure to fulfill the contract
obligations. Upon receipt of such notice services shall be immediately discontinued
(unless the notice directs otherwise) and all materials as may have been accumulated in
performing this contract, whether completed or in progress, delivered to the LPA.
b. If the termination is for the convenience of the LPA, an equitable adjustment in
the contract price shall be made, but no amount shall be allowed for anticipated profit on
unperformed services.
C. If the termination is due to failure to fulfill the CONSULTANT's obligations, the
LPA may take over the work and prosecute the same to completion by contract or
otherwise. In such case, the CONSULTANT shall be liable to the LPA for any additional
cost occasioned to the LPA thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is
determined that the CONSULTANT has not so failed, the termination shall be deemed to
have been effected for the convenience of the LPA. In such event, adjustment in the
contract price shall be made as provided in paragraph 2 of this clause.
e. The rights and remedies of the LPA provided in this clause are in addition to any
other rights and remedies provided by law or under this contract.
4.10. FAA References
a. CFR 18.36
b. Order 5100.38A, Chapter 8
C. AC 150/5100-14C Architectural, Engineering & Planning Consultant Services For
Airport Grant Projects
d. Brooks Bill, Public Law 92-582, Oct. 27, 1972 Title IX, as amended
Page 7 of q
IN TESTIMONY WHEREOF, the parties hereto have executed this AGREEMENT on the date
given on the first page of this AGREEMENT.
CONSULTANT
BUTLER, FJ.IRMAN and SEUF C.
Si IA
ature
104
(Print or type name and title)
ATTEST:
n
Signatu e
(Print or type name and title)
LOCAL PUBLIC AGENCY
CITY OF RICHMOND BOARD OF
AVIATION COMMI$4IQNERS X,
liam Smith(President
Greg Shie ds, Vice President
Mel runs, ecretar
omas ella, ember
ATTEST:
Signature
The Honorable Sally Hutton Mayor
Page 8 of 9
ACKNOWLEDGMENT
STATE OF 7:;VA-to*,VA ), COUNTY OF
WA`l, 1£
)SS:
Before me, the undersigned Notary Public in and for said County personally appeared
and each
acknowledged the execution of the foregoing contract on this �day of 49-110c,14-a-V , 2004,
and each acknowledged and stated that he/she is the party authorized by the said agency to
execute the foregoing contract
My Commission Expires
wn Ynti✓
County of Residence
Notary Public
SCAJ r4
Print or type name
ACKNOWLEDGMENT
STATE OF INDIANA ), COUNTY OF MARION )SS:
Before me, the undersigned Notary Public in an for said County personally appeared
John W. Brand, President, and John L. Speidel Secretary Treasurer of
(name of signers, their official capacity and agency name)
Butler, Fairman and Seufert, Inc.
and each
acknowledged the execution of the foregoing contract on thisl6th day of January , 2004,
and each acknowledged and stated that he/she is the party authorized by the said agency to
execute the foregoing contract.
My Commission Expires
May 19, 2009
Hamilton Count
County of Residence
-Marilyn L. Irish
Print or type name
Page 9 of 9