Loading...
HomeMy Public PortalAbout021-New ramp Cardinal GreenwayPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this? _ day of 2004, by between the City of Richmond, Indiana, a municipal corporation acting by and through tit and Department of Parks and Recreation (hereinafter referred to as the "City") s nne Associates, Inc. 429 E. Vermont Street, Indianapolis, Indiana, 46202 (here nafterlrefe rre d to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to develop bid specifications and documentation for the construction of a new bike/pedestrian ramp from the Cardinal Greenway into Springwood Lake Park, the construction of a replacement foot bridge and to specifically provide all professional services as described on "Exhibit A," which exhibit consists of one (1) page, is attached hereto and is hereby incorporated by reference and made a part of this Agreement. It is understood and agreed that Contractor has chosen to retain DLZ Indiana, LLC, (hereinafter "DLZ") as a subcontractor. DLZ shall perform all work described on "Exhibit B", which Exhibit is attached hereto, and made a part hereof. Contractor however, acknowledges and agrees that it is fully responsible for the completion of all work described on Exhibit A and Exhibit B and that it shall be liable for any malfeasance or nonfeasance on the part of DLZ. It is further understood that DLZ is not an intended beneficiary of this Agreement and that both parties expressly agree that they do not intend DLZ to be a beneficiary of this Agreement. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor shall release copies of any document, memorandum, blueprint or other record, in print or electronic form, produced in connection with the work described herein, to the City, or any authorized representative of the City, upon request. Such documents shall be tendered within 15 days after receiving said request. The conditions contained in this paragraph shall survive the termination of this Agreement for a period of seven (7) years, provided that nothing contained herein shall relieve Contractor from any professional responsibility or standard of care, which requires Contractor to preserve documents and other work product for a longer period. No work shall commence until the City is in receipt of any required bonds and certificates of insurance, and until a purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. Contract No. 21-2004 Page 1 of 5 SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Twenty-four Thousand Five Hundred Sixty Dollars ($ 24,560.00) for the satisfactory completion of all services described on "Exhibit A" and "Exhibit B", which sum is inclusive of any cost incurred by Contractor in the performance of this Agreement. Any invoice or other request for payment must specify the exact services performed by Contractor or any subcontractor with reasonable specificity. City may refuse to pay any invoice that does not provide a reasonably specific description of the work performed until such description is received. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor or any subcontractor to fulfill in a timely and/or competent manner its obligations under this Agreement, which include, but are not limited to, all work listed on "Exhibit A" and "Exhibit B"; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor or any subcontractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make prorated payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor further expressly agrees to indemnify City for any claim for payment asserted by DLZ or any lien created by DLZ. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Page 2 of 5 Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coveraae Limits A. Worker's Compensation & Disability Requirements Statutory B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence $300,000 aggregate Section 2. Property Damage $100,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $300,000 each person $300,000 each occurrence Section 2. Property Damage $100,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate F. Malpractice/Errors & Omissions Insurance $500,000 each occurrence $500,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1 • That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting Page 3 of 5 on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3 • That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4• That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION VIII. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION IX. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assi rights or obligations hereunder without the prior written consent of the other or dele provided any tits Contractor is permitted to retain DLZ as described on "Exhibit B". Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. City may refuse to permit an assignment, at its sole discretion, for any reason or for no reason. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Agreement must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. Page 4 of 5 Any person executing this Agreement in a representative capacity hereby warrants that he/she has been duly authorized by his or her principal to execute this Contract. If any court or tribunal declares any provision of this Agreement unenforceable, all other provisions of this Agreement shall remain in full force and effect. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY' THE CITY OF RICHMOND, )fDT*A, by and through its Board f Parks and Recreation By t7 D Date:I APPROVE "CONTRACTOR" CLAIRE BENNETT ASSOCIATES, INC. UZ Tit] X&,k— Date: 4 , m , nd Sarah L. Hutton, Mayor Date: � .2//to y Page 5 of 5 cba ov'"� SCOPE OF BASE SERVICES - ATTACHMENT A RICHMOND GORGE: SPRINGWOOD LAKE PARK CONNECTION TO CARDINAL GREENWAY • Site Survey/Inventory/Ramp Alignment Coordination Claire Bennett and Associates, Inc. (Cba) will assist DLZ, Inc. in coordination of site survey and inventory efforts. Make one (1) site visit to stake and obtain approval from the Richmond Department of Parks and Recreation (Owner) on the alignment of the access ramp from the Cardinal Greenway into Springwood Lake Park. • Ramp/Trail/Pedestrian Bridge Design Cba will assist DLZ, Inc. in coordination of the design for the connection ramp, asphalt trail, and pedestrian bridge. One (1) meeting with the Owner to review and discuss the ramp/trail/bridge design. • Bidding Administration Cba will attend one (1) Pre -Bid meeting to answer bid questions. Cba will review received bids and assist the Owner in bid recommendation. • Construction Observation Cba will make two (2) site visits during the construction phase of the project to assist and coordinate answering questions or concerns regarding the construction documents. Please Note: Any additional meetings, site visits, or services requested by the Owner will be billed on a time and material basis and invoiced on a monthly basis as work is completed. TOTAL FEE (Inclusive of expenses): Deliverables List • One (1) hard copy of the Construction Documents and Design Specifications • One (1) site visit for ramp alignment staking and approval • One (1) presentation meeting with the Owner • Attendance at one (1) pre -bid meeting • Two (2) site visits during construction phase $ 2,490.00 City of Riclunond Department of Parks and Recreation EXHIBIT PAGE _L_OfJ Springwood Lake Park Connection to the Cardinal Greenway February 26, 2004 ATTACHMENT B February 27, 2004 Ms. Joann K. Green, ASLA President Claire Bennett Associates 429 E. Vermont Street, Suite 212 Indianapolis, Indiana 46202 Re: Letter Agreement for Professional Services Richmond Parks Department, Gorge Improvements — Phase II Design Spring Lake Park/Cardinal Greenway Access Ramp Connection Dear Ms. Green: DLZ Indiana, LLC (DLZ) is very pleased to submit this revised proposal to provide professional services for the Richmond Parks Department Gorge Improvements, Phase II Design Spring Lake Park/Cardinal Greenway Access Ramp Connection as a sub -consultant to Claire Bennett Associates, Inc. (Cba). This fee proposal is based on the Site Programming Summary and Cost Opinion Summary as completed as apart of Phase I. The project is in the Whitewater Gorge area and is located in the City of Riclunond, in Wayne County, Indiana. The proposal is also based upon the project walk through, conducted on February 18, 2004, with Mr. Stefan Lubke of your office and Mr. Stan Lambert. The enclosed fees are based on the project being let as a single contract. The enclosed information, as referred to above, includes the following: 1. Project Description. 2. Description of Project Scope and anticipated work elements. DESCRIPTION OF THE PROJECT The City of Richmond Parks and Recreation Department (RDPR) has requested a design services for one of a number of park improvement projects throughout the Whitewater Gorge area, within the City of Richmond, Wayne County, Indiana. These projects have been defined in the aforementioned Site Programming Summary and Cost Opinion Summary, dated November 25, 2003. This specific project is the design of the Cardinal Greenway Access Ramp Connection, Pedestrian Bridge and connecting trail in Springwood Lake Park. EXHIBIT�GE I OF Proposal for Professional Engineering Services City of Richmond, Gorge Park Improvements Design February 27, 2004 Page 2 SCOPE OF WORK DLZ will provide the services of an in-house team of qualified engineers, surveyors, CADD technicians, inspectors, and administrative staff as necessary to complete the various tasks and items outlined within this scope of work. DLZ understands that CBA will be providing project management and facilitation involving the project and thus has reduced DLZ's projected effort in these tasks. CBA will also be providing all plans, details and specifications for the landscape architectural, signage and amenity items. The design approach used for this project will be segmented into various tasks and items. These tasks and items will be used to describe the process and to aclazowledge completion of necessary project milestones. The items of work and products required to complete this work are described as follows in the general order in which they will be perfonned. Phase II Design and Construction Documents TASK 1: FIELD SURVEY DLZ will provide supplemental ground survey to obtain specific detailed topographic data along the corridor as well as the setting of the horizontal and vertical survey control necessary for engineering design and construction document preparation. This data will consist of large trees greater than 24" diameter within the effected limits, pedestrian bridge details, an existing stone wall and existing signs. It is understood that this survey will be in supplement to the 1' contour survey completed by FHA,, Roberts & Petrie (FRP) of the Gorge area. The survey of the approximately 800' ramp and trail as well as pedestrian bridge area will be completed along the proposed alignment, which is to be flagged beforehand by others. A narrow corridor along this alignment will be surveyed, approximately 20 feet on either side of the centerline with cross sections taken every 50 feet minimum. It is expected that this work will entail a maximum of 1.5 days to complete. Deed research, property ownership and boundary retracement will not be performed. TASK 2: INTERMEDIATE PLANS DLZ will provide the necessary engineering design and resources to complete intermediate design plans (80%) for the project. This will include intermediate ramp plans and profiles, intermediate pedestrian bridge design, preliminary grading, drainage and preliminary cross - sections and signage. DLZ will attend a Plan Review Meeting (1/2 day) and contribute to minutes of the meeting. It is anticipated that only minor revisions will be necessary due to the EXHIBIT PAGE �2 OE (p Proposal for Professional Engineering Services City of Richmond, Gorge Park Improvements Design February 27, 2004 Page 3 clear definition of the scope of work. DLZ will not provide any project related landscaping, signage, trailhead parking, trailhead or trail amenities design. DLZ recommends the completion of a geotechnical investigation due to the unknown nature of the soils condition at the site, in order to preclude potentially costly change orders during construction. The product of Item I will be Intermediate (80016) Plans. TASK 3: FINAL PLANS Item 1: Final Tracings Contract Documents DLZ will revise and complete the necessary engineering design and resources to complete the Final Plans (100%) for the project. This stage will include the finalization of remaining design elements, work computations as well as final tabular sheets. DLZ will complete the quantity calculations, cost estimate, special provisions, as well as other documentation. This will including final special provisions, construction cost estimate, ready for bidding and construction. It is not anticipated that any permits or agency coordination will be required for this project. DLZ will attend a pre -bid meeting, if necessary. The final product of Item 2 will be mylar originals of the Final Plans, five (S) sets of Bid Plans, the Construction Cost Estimate, Quantity Calculations and Special Provisions. Electronic copy of the drawings and specifications will be provided as well in the required format, if requested. SCHEDULE OF SERVICES DLZ understands the Owner's desire to complete the scope of services outlined above in an expeditious manner. DLZ will complete the above work in accordance with the following schedule: We anticipate completing the work above in approximately 30 days from a notice to proceed, exclusive of all review periods. EXHIBIT PAGE„-�_OF LP I Proposal for Professional Engineering Services City of Richmond, Gorge Park Improvements Design February 27, 2004 Page 4 FEE FOR SERVICES DLZ understands the project is to consist of the design of a locally funded project having an estimated construction cost of approximately $166,000. We are respectfully requesting the following lump sum fees for the scope of services as outlined in this letter. PROFESSIONAL FEE SYNOPSIS, PHASE II Item Description Total Topographic Field Survey 1,500.00 Ramp & Trail Design Plans 7,200.00 Pedestrian Bridge Design and Plans 8,900.00 One (1) Plan Review Meeting (1 person, 3/4 day) 650.00 Attend Pre -Bid Meeting 650.00 Reimbursables: Mileage, reproduction, photos (not scanning) 300.00 TOTAL DESIGN FEE $19,200.00 Additional Work Items: Shop Drawing Review, Pre -Construction Conference, Site Visits (2) for Construction Monitoring (20 hrs @ $105.00/hr) 2,100.00 11 Geotechnical Investigation 2,960 00 Additional Work Items will only commence upon receipt of a separate written Notice -to -Proceed. In consideration for the above scope of services, DLZ will be compensated on a lump sum basis. The total fee shall be nineteen thousand two hundred dollars ($19,200.00), unless the above hourly Additional Work Items is implemented, which would result in a maximum fee not -to - exceed of twenty-four thousand two hundred sixty dollars ($24,260.00). Man-hour justifications are available upon request. EXHIBIT -b- PAGE OFle- Proposal for Professional Engineering Services City of Richmond, Gorge Park Improvements Design February 27, 2004 Page 5 ADDITIONAL SERVICES Additional services that are not included in the above project scope are available through the resources of DLZ. It is not anticipated that these services will be required at this time. These services would include, but are not limited to: • CIP or Modular Retaining Wall Design • Environmental Phase I • Public Meetings • Phase II Investigations or NEPA Analysis • Property or R/W Issues • Wetland Delineation • Permitting (IDNR, Rule 5, etc.) • Construction Inspection Supplemental agreements will be submitted for review for these additional services upon the your request. Integral with the above, our firm is committed to providing Claire Bennett Associates with three very important elements essential to the success of this project. • First and foremost, we are committed to quality of work. We will provide qualified, professional personnel who will perform work that is complete and accurate. • Second, we are committed to schedules. Target dates agreed upon will be met other than for reasons outside of DLZ's control. • Third, we will work within your budget in tenns of providing the above scope of work. STANDARD TERMS AND CONDITIONS The Standard Terns and Conditions, as set forth as Attachment B, are incorporated here into and made part of this proposal. The Owner referred to in the Standard Terms and Conditions would mean Claire Bennett Associates, Inc. CLOSING We trust this proposal satisfactorily sets forth your understanding of the terms and conditions for the professional consulting services requested of our firm. If this proposal meets with your approval, please sign, date and return one copy of the approved and accepted agreement to our office. We shall begin work immediately upon receipt of accepted agreement. EXHIBIT _ PAGEa�Or (' I Proposal for Professional Engineering Services City of Richmond, Gorge Park Improvements Design February 27, 2004 Page 6 Thank you for your confidence in our firm. We are looking forward to the commencement of this project and working with Claire Bennett Associates to develop plans for this regionally important project. If you have any questions or require additional information, please do not hesitate to contact our office at 633-4120 or at rcarlsgaard@dlz.com. Very truly yours, DLZ INDIANA, LLC Michael J. Keeven, P.E. Vice President Copy: MJK, MCJ, RNC, KJH, file AGREED AND ACCEPTED CLAIRE BENNETT ASSOCIATES, INC. Joann K. Green, ASLA President : ol( TpAG l a n —1