The URL can be used to link to this page

Home My Public Portal About025-CTL Eng Chester BlvdPROFESSIONAL SERVICES AGREEMENT day of ��.s �� , 2004, by and THIS AGREEMENT made and entered into this y and through its Board of between the City of Richmond, Indiana, a municipal corporation acting nyd CTLEngineering of Indiana, Sanitation Commissioners (hereinafter referred to as the "City") Inc., 6848 Hillsdale Court, Indianapolis, Indians 46250 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to Perform geotechnical consulting service in connection with the for sewer project. Chester Boulevard area sanitary interceptor A Request for Quotes, dated January 1, 2004, has been made available for inspection by Contractor, District Administration office for the City, and is hereby is on file in the Richmond Sanitary Contractor agrees to abide by the incorporated by reference and made a part of this Agreement. same. is attached� o in The response of Contractor to said Request fos Quotes 10) pages. and isherebyincorporated bas "Exhibit y which Exhibit is dated March 1, 2004, consist reference and made a part of this Agreement. Contractor shall perform all work and provide all services and/or goods described on "Exhibit A." Provisions, terms, or conditions contained in any of the documents attached hereto as Should any p y of the Exhibits, or in any of the documents incorporated b reference herein, conflict with any provisions, terms, or conditions of this Agreement, this -Agreement shall be controlling. Contractor shall perform all work herein in a timely manner, conforming to all applicable professional standards. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. i certificates of No work shall commence shorderl the lty is in receipt of any required has been issued by the Purchasing insurance, and until a purchase SECTION II. STATUS OF CONTRACTOR t an employee or nt of he Contractor shall be deemed to be an independ at its own expensor and is e compe ent supervision on oft City of Richmond. The Contractor shall provide, work. SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Twenty-seven Thousand Six Hundred Dollars ($ 27,600.00) for performing all work described herein in a satisfactory and proper manner. 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. Contract No. 25-2004 Page 1 of 5 b giving i AgrBement, City may terminate this Agreement in whole or in part, for cause, at any time b Notwithstanding the term ig 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: Contractor to fulfill in a timely and/or competent manner a. failure, for any reason of .the its obligations under this Agreement, which include, but are not limited to, all work listed on "Exhibit A"; b. ineffective or improper use of funds provided under this Agreement; suspension or termination of the grant funding to the City under which this Agreement is made; or d. 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 termiated nn for such termination, the effective date, and in the either the City or the Contractor, in whole or in pacase mutual Agreement setting forth the reasons 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 Agre ement, either intentionally or negligently; provided, however, that nothing contained in rendering the Contrac tor liable for acts hasehe l ty, its officers, this Agreement shall be construed as and eafter agents, or employees. Contractor shall as a prerequisite to this Agreement, p ther the s set forth which may se out maintain such insurance as will protect it this th s A aeeme t whe he�such operations �by the of or result from the Contractor's operations under 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. Covera e Limits Statutory A. Worker's Compensation & Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability $300,000 each occurrence Section 1. Bodily Injury $300,000 aggregate Section 2. Property Damage $100,000 each occurrence D. Comprehensive Auto Liability Section I. Bodily Injury Section 2. Property Damage Page 2of5 $300,000 each person $300,000 each occurrence $100,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each aggregate $500,000 each occurrence F. Malpractice/Errors &Omission - $500,000 each aggregate COMPENSATION LAW SECTION VI. COMPLIANCE WITH WORKER'S Contractor shall comply with all provisions rovisio Agreement ovilana Worker, s de the City a certificate of insuraation law, nce, or before commencing work under this Agre , P has complied wh Indiana Code certificate from the industrial board showi gnsantor ou that the of st to employe and therefore Sections 22-3-2-5, 22-3-5-1 and 22-3-5 2f Contractor subject to another state's worker's compensation law, law and provide the City proof Contractor may choose to f such all provisions of its home state's worker s c p Compensation Law. compliance in lieu of complying with the provisions of the Indiana Worker's SECTION VII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting nate on behalf of Contractor or any be employed in the performaub-contractor shall not nce of this Agrainst eement, with employee or applicant for employmentP respect to hire, tenure, terms, conditions because ivrages el g onof l color, sex, disability, national t or indirectly related to employment, origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: I , That in to hiring of employees for the performance of work under thisperson acin Agreement of any subcontract hereunder, Contractor, any subcontractor, or anp g 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 of five dollars ($5.00) for each person for each under this Agreement, a penalty 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 forfeited, fornata second by the City any subsequent due or to become due hereunder may be forfe , violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating ticrimination or intimidation shall be considered a material breach of this Agreement. Page 3 of 5 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 Bement is personal to the parties hereto and neither party may assign or delegate any of its This Agreement p p p An such rights or obligations hereunder without the prior written consent of the other e other Party, s�] be null and delegation or assignment ,thOcon out the f ed by rior nd interpr ted aten consent of ccording o Indiana law and shall be void. This Agreement shall be binding upon the parties, their successors and assigns. This document constitutes the enartrat an Agreement between the parties, although it maybe altered or amended in whole or in p Y ent setting forth such changes signed by both time by filing with the Agreement a written instrum that this document supersedes any previous parties. By executing this Agreement the parties agree 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. ction and venue of the courts of Wayne County, Indiana, and The parties hereto submit to jurisdi in aid courts. The ies ly ee any suit arising out of this Contract mull1bedfilleor to the commencement of legal proceedings in at no arbitration or mediation shall be required Pn 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 unals or in other venues. Contractor may have to bring such suit in front of other trib Any person executing this Contract 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 Oncosts 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 partiesthe authorship of pant' of tion r burden of proof shall arise favoring or disfavoring any party b ty Y the provisions of this Agreement. Page 4of5 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, iNDIANA by and through'its Board of Sanitation Commissioners ,,CONTRACTOR" CTL ENGINEERING OF INDIANA, INC. By' By , President Title: SEG ETJ� Date: Date: APPROVED. Sarah L. Hutton, Mayor Date: Page 5 of 5 Del- O/- OZ/ Subsurface Investigation Sewer Im rovements Chester Boulevard Interceptor Sanitary P CTL Proposal No. 04-5006-P February 4, 2004 Page 5 SCOPE OF WORK APPROACH The work covered by this proposal consists of drilling, piezometer installation, rock coring, soil endations relative toit preparation, d water management sampling, laboratory testing and recommal drilling construction and foundation support for open cut and direction that the We concur with the scope of services stated in the RFP. Please notecondition, proposed ation odepths ex sting boring offsets may be field -modified depending upon the soil/rock underground utilities and permission to enter private properties. Our site visit revealed that a dozer will be required for most of the test borings. Representative photographs of the site are included in Append PROCEDURES The following items will be included in the general services provided by CTL Engineering. A. Contact Indiana Utility Protection Services to locate undergroundli ieda ofat the test bior ng locations, and inform The City of Richmond and Donohuepersonnel B. Layout of test borings as suggested by Donohue. C. Drilling of test borings and laboratory testing in accordance with ASTM, AASHTO specifications and applicable INDOT requirements. D. Installation ofpiezometers and monitoring groundwater as needed. E. Engineering evaluation and reporting to include: I . . General description of the site 2. Boring logs and a soil profile to include: a. Surface elevation at each test boring location b. Thickness of pavement/t®psoil, fill, and underlying osoils ' and at end -of --day rock C. Groundwater encountered during drilling, p d. Standard penetration as a function of depth EXH IBIT PAGE 1 =- ENG/rYEEiQ/rYG� Subsurface Investigation Sewer Improvements Chester Boulevard Interceptor Sanitary CTL Proposal No. 04-5006-P February 4, 2004 Page 6 Existing subsurface conditions at the boring locations 3. 4. Site preparation, earthwork requirements, water management, soil/rock design parameters and foundation recommendations. SCHEDULE The schedules for all phases of the project are tabulated below assuming that each phase will be done separately. More than one drilling rig may be used depending upon weather and if earlier delivery is needed. EXHIBIT _�___ PAGE Subsurface Investigation Sewer Improvements Chester Boulevard Interceptor Sanitary p CTL Proposal No. 04-5006-P February 4, 2004 Page 7 FEE SC - ED ULE - The fees for the 3 phases are provided in Appendix B and summarized below. These fees are based on the assumption that each phase will be done separately. Phase 2 (Without North Leg) $7,952-50 Phase 2 (North Leg) $,62.00 51. Phase 3 If the above phases are performed at the same `time, our fee will be $19,100.00. The above fees are based on the following assumptions: 1, Piezometers will be abandoned by cutting 2 feet of l b in -place e pVC capped with 6sinches of ement remaining pipes with bentonite. The surface of willpp concrete. 2. All borings will be backfilled with soil cuttings. will mark the areas where clearing is required. A site. meeting with a City 3. CTL Engineering attempt will representative will be, required to provide us with C P landmarks. However, CTL Engineering be made to preserve trees, brush and other surf will not be responsible for replanting removed trees. 4. This proposal does not include restoration costs for lawn and/or trees on private properties. CLOSING Please note the estimated quantities including time for preparing reports may vary depending upon underlying soil/rock conditions. All fees will be billed to unforeseen soil o rock o k condition, t rates shown in Appendix B. a w ill total cost should exceed 10% of the estumated'fee the additional work. Price quotations are firm for contact you to obtain approval prior to performing 90 days from the date of this proposal. RHEXHIBITa =PAGE � =-I 0 1=1 ENGbffEA/N6= Subsurface Investigation Sewer Improvements Chester Boulevard Interceptor Sanitary CTL Proposal.No. 04-5006-P February 4, 2004 Page 8 _ to submit this proposal and look forward to working with you. If you We appreciate the opportunity information, please contact our office at (317) 585-8277 or email have -any questions or need further tokaYaki@ctleng.com Sincerely, CTL ENGINEERING OF MLA.NA, INC- Ali Karaki, P.E. Principal Engineer 0 t EXHIBIT PACE 4 OF i O - -= D. PROJECT TIlVIING ovell d by consultant will complete work efforts in accordance with the Febmruaryproject15, 2004 eGeotechnidule caall Data Donohue. The schedule calls for the work to begin on or aboutiezometer readings by April 30, 2004. Report submitted to Donohue by March 15, 2004. Final, P - Geoiechnical Baseline Report to be prepared by a date agreed upon with the owner- E. INSURANCE ity In addition to the insurance identified in Part I .the Cone shall shall ist d as ""Ad tional insureds" on Insurance in an amount not less than $170009000. Donohue all insurance except Worker's Compensation and Professional Liability Insurance. Certificates shall be provided prior to commencing services for this Project PART 11 OWNER'S RESPONSIBILITIES Owner shall, at its expense, do the following in a timely manner: A. Assign Paul s(Project Manage r for Donohue) as the person authorized to act as project manager during the course e of the project. He will transmit instruction, receive information, and make decisions with respect to Consultant's services under this Agreement i B. Notice to proceed will occur upon sgnature of the contract documents. C. Provide a site plan showing the proposed sewer route and a boring log identifying each boring's northing, easting, and boring depth. descri tion of the proposed facilities for use by the Consultant during preparation of the D. Provide a P Geotechnical Report. on of the E. Provide 1 set of the appropriate documents for review by the Consultant for preparati Geotechnical Baseline Report. PART III COMPENSATION, BILLING AND PAYMENT A. COMPENSATION Owner will compensate Consultant on a time and expense basis for the services described in the Scope of Services. Routine expenses will be billed at cost. PHASE 2 (Without North Le Drilling Services $11r4' & Equipment ....................................................... Mobilization of Drill Crew_ . ............. . Rernobilization (only upon Authorization by Owner) ............... ........$ Clearing Access in Wooded Areas ................................ .................... EXHIBIT _A__ PAGE �OF_LFL_ ......................•••$ Soil Borings: 355 Vertical feet @ $�•S=!vertical foot ...................... —• Coordination .........................$ 4 0o Geotechnical Engineers Site Reconnaissance/.I3tility 40 feet, and 1 @ 50 feet Temporary Piezometers — 1 @ 15 feet, 1 @ feet, 1 @ @ $ S �/v oot........... .........C�................................................. /S "_ fl�� ....._ �, �P •- n�s............_...............:............................................s q,9- S a Subtotal........................ Laborato*•v Services i10 @ $� /Test.....$ 26V- Moisture Content ..............•.......--- Estimated # of Tests 01 @ $ 0, _,/Test.....$ 00 ' Unit Weigh ...Estimated #ofTests 1� Unconfined Compressive Strength ... Estimated # of Tests � @@ $� est..._.$ �• J' :......:Estimated # of Tests Sieve Analysis ................... $�_7Test..... $ i f _.....Estimated #ofTests _� @ Other.._ ��..f��•.� _ ........... _.; ......... Laboratory servi ces Subtotal ........................... ...............$ 77� En�ineerinQ Services .$ /) Z�O_ -- ......... 2 Geotechnical Data Report, $ ! • Recommendations, eeting• - Phase 2 (Without North Leg) Total Fee ..... .. ..........................................$'ZS� PHASE 2 — North Leg Di ilii__ n� Services ui Mobilization of Drill Crew & Equipment .................... ..............$ /_off • _ Remobilization (only upon Authorization by Owner) ................. Clearing Access in Wood .............. • /vertical foot ................................. Soil Borings: 145 Vertical feet @ $ Coordination•-•-•-•••••--••••-•-�•'•'$ Geotechnical Engineers Site Reconnaissance/U ility30 feet and 1 @ 40 feet @ $ S %vertical foot......... P. Temporary _ iezometers —1 @ /� 1 •�.Fv ' "— ,o p�G�r.� ,mad,s • .......... .. .: . ........... .............._....S13 Subtotal.............................. Laboratory Services - Estimated #ofTests 2�' @ $ _ Moisture Content............................ • $Y_/Test..._.$ O Unit Weight .............................. ....Estimated #ofTests @ ' ')Test.....$ Unconfined Compressive Strength._. Estimated # of Tests �_ @ $ % Wiest ..... $ Rf1' Sieve Analysis ...Estimated # of Tests Z @ $- �,_j �,r%.r,��....Estimated # of Tests _� @ Other. .. ......... ........:............ ...... ..S 2 , LaboratoryServices Subtotal ._............... ........... En�ineerin� Services Geotechnical Data Report, Recommendations, Meeting.-.--. North L ............. Phase 2 — N Leg Total Fee ...................... ................................. $_1.K -- L �XH� IBIT _A___ PAGE ._ oFil -p "PHASE 3 Drillinv Services . ..........$ Drill Crew & Equipment -• ..........................._.._...._....._...... .............•._. _. Authorization by Owner) ..................................... Mobilization of Dn ...•-..•-„ .................$(only upon Rernobilization Y P ..$ Access in Wooded Areas.............................................................. Clearing foot.... ...................••.-$ $'JveTtical 7/2� "- s• 95 Vertical feet @ Soil Borings: .............$ feet @ $�/vocal foot •••............. y _ . Soil/Rock Cores: 200 Vertical Coordination. ........................$ Geotechnical Engineers Site Reconnaissance/Utility - 1 @ 25 feet @ $/vertical foot, 2 @ 40 feet, and' .-- � 0' Piezometers Temporary ...................$ 1 @ 45 feet @ $�/vertical foot ................:............................ - � r,r,.�,r. 7 N................................s 7 7 Z.YQ .E'..��O1a� Drilling Services Subtotal --- --- - - .---------- - Laboratory Services Moisture Content Content..............................Estimated # of Tests ? @ $ S Nest ....$ t7___ _ V Unit Weight......................................Estimated # of Tests - Unconfined Compressive Strength._. Estimated # of Tests @ $"Nest ted # of Tests �_ @ $�/1•est. .... $ /ZU_ _ -- Sieve Analysis ............Estima ..Estimated # of Tests _ $� -rest 7d' RQD Analysis ..................�.._.�...... $ Other. /.r-J"� G�1�Estimated # of Tests_ Laboratory Services Subtotal ............ .. ............. ........................... Ene! eerinE Services ......$ iw. Geotechnical Data Report, Recommendations, Meeting ................ :................... Geotechnical Baseline Report, Meeting ...... .-•--------- •••••......... .. .. !, Phase3 Total Fee....................»...............»........................................$�� B. BILLING AND PAYMENT 1. Consultant will bill Owner monthly for Services completed at the time of billing. invoice will supported b documentation as. Owner may reasonably require. Invoices Prepared in a form and supp Y will include billing period, Owner's project number, and name of Donohue's Project Manager. 2. Consultant will maintain accounting records of its costs in accordance with generally accepted records will accounting practices as required by Federal s with reasonable bnotice during the Access to hterm of this be provided during normal business hours with Agreement and for three years after completion. All invoices will indicate Owner project number: A 3. Consultant will notify Owner if project scope cchanges require enott be initiat d the thO t ewriitteen contract value. Services relative to scope Chang authorization from Owner. 4. Owner will pay Consultant 30 days after receiving payment of invoice from owner - OMIT A PAGE _I OF I.Q- CTL Engineering of Indiana, Inc. 6848 Hillsdale Court, Indianapolis, Indiana, 46250 Phone: (317) 585-8277 • Fax: (317) 585-8621 e-mail: cflin@ctleng.com AN EMPLOYEE OWNED COMPANY ing • inspection Services' Analytical Laboratories Consulting Engineers •Test March 1, 2004 City of Richmond Department of Sanitation 2380 Liberty Avenue Richmond, Indiana 47374 Attention: Mr. Robert D. Wiwi, P.E. Reference: Subsurface Investigation — Addendum 1 Chester Boulevard Interceptor Sanitary Sewer Improvements Richmond, Indiana CTL Proposal No. 04-5006-P Dear Mr. Wiwi: MUPL Established 1927 of the ASCE Geo for Underground We have reviewed the requirements soc ates Reports A Additionally, we were made aware Construction (GBR) provided to us by Donohue & that the baselines for the proposed sanitary improvements would not be located in the field. It is CTL Engineering responsibility to establish these baselines. Based upon the above requirements, the estimated fee for the GBR and boring locations were not accounted for in our proposal dated February 4, 2004. Therefore, we are submitting this Addendum as part of our original proposal. The modified fee for -performing the work outline in the RFP is as follows. • Estimated Fee for Geotechnical Baseline Reports $ 5,000.00 • Estimated Fee for Boring Locations and Surface Elevations $ 1,000.00 • Subtotal Fee for all Phases from original proposal $19.100.00— Estimated Total Fee for all Phases $25,100.00 aseline Please note that a registered professional engineeror may perform e performed by a regisBtered survePor in However, boring locations and elevations may y no the State of Indiana. The estimated quantities including time for preparing reports may vary depending upon underlying soil/rock conditions. All fees will be billed at the reseen soil or rock onditionX wt rates shown in will contactIf the ayou cost should exceed 10% of the estimated fee due to unforeseen to obtain approval prior to performing the additional work. �XHIBl�'€'AGE Y___ 0FJC_ Offices: Ohio, Indiana, North Carolina, west Virginia Subsurface Investigation — Addendum 1 Chester Boulevard Interceptor Sanitary Sewer Improvements CTL Proposal No. 04-5006-P March 1, 2004 Page 2 - - to submit this proposal and look forward to working with you. If you We appreciate the opportunity lease contact our office at (317) 585-8277 or email have any questions or need further information, p to karaki @ ctlena.com Sincerely, CTL ENGINEERING OF INDIANA, INC- Ali Karaki, P.E. Principal Engineer cc: Mr. Paul Elling, P.E. — Donohue & Associates EXHIBIT -.11-PAGE-a- OF_LO_ FEE SCHEDULE Unit Quanti Unit Cost Total Cost Descri lion Field Services Each $150.00 Mobilization/Demobilization Each 150.00 Remobilization Hour 90.00 Clearing Access in Wooded Areas Feet 8.50 . Soil Borings Feet 35.00 Rock Coring Feet 20.00 SojMock Coring - Each 15.00 Boring Backfill Hour 40..00 Reconnaissance & Planning Feet 5.00 - TemporarY Piezometer Installation Tri 150.00 Piezometer Readin s Laboratory Services Each $4.00 Moisture Content Each 12.00 Unit Weight Each 25.00 Unconfined Compressive Strength Each 40.00 Sieve Analysis Each 40.00 Atterberg Limits Each 3.00 QD Anal sis Engineering Services Hour 30.00 Boring Logs Preparation Hour 65.00 Staff Engineer Hour 80.00 Professional En iems' Affffp EXHIBIT PAGE ► 0 OF / o ENG/KEEN/NG=