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HomeMy Public PortalAbout026-Donohue & Assoc Storm WaterPROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made and entered into this _S1 day of M e_i, e c,, , 2004, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitation Commissioners (hereinafter referred to as the "City") and Donohue & Associates, Inc., 101 West Ohio Street, Suite 820, Indianapolis, Indiana 46204 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional engineering services for storm -water drainage improvements during the year of 2004. A Request for Proposals, dated December 22, 2003 has been made available for inspection by Contractor, is on file in the office of the Richmond Sanitary District, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor to said Request for Proposals is attached hereto as "Exhibit A", which Exhibit is dated January 20, 2004, consists of eight (8) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall perform all services described on "Exhibit A". 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. 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 H. 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. SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed Fifty-nine Thousand Dollars ($59,000.00) for the complete and satisfactory performance of all work described on "Exhibit A". In the event the Contractor performs services outside of the scope of the work described on "Exhibit A", it shall be compensated at the rates described on page eight (8) of "Exhibit A". Contractor may only perform work outside the scope of the work described on "Exhibit A" if it receives prior written authorization from the City to perform such work. If additional work is performed, without receiving the prior written consent from the City, City shall have no duty to compensate Contractor for such additional work. Contract No. 26-2004 Page 1 of 5 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 to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor 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 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 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 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. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $300,000 each occurrence Page 2 of 5 Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $300,000 aggregate $100,000 each occurrence $300,000 each person $300,000 each occurrence $100,000 each occurrence $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: 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 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 Page 3 of 5 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. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. 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 Contract 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. 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. 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. Page 4 of 5 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 CCommi / /N/ r/��»' VdA9 ,President Date: APPROVED: "' _,) Sarah L. utton, Mayor Date: � ,�'-/, Page 5 of 5 "CONTRACTOR" DONOHUE & ASSOCIATES, INC. Title:- r"i .� /fir �%T/ Date: 3 7 f 6 zf PART PROJECT DESCRIPTION/SCOPE OF SERVICES/TI MING A. PROJECT DESCRIPTION Currently the Richmond Sanitary District, as part of its Sanitary Sewer Master Plan and based on operation experience, has identified capacity issues in the NW 13"' Street Sanitary Basin. The current system is in need of additional conveyance capacity or alternative solutions to address these capacity and surcharging issues and to provide capacity for future improvements. A feasibility study of the interceptor basin is to be developed which will identify potential problems and alternative solutions. After consultation with the Sanitary District a recommended option will be selected. Construction plan preparation is included as a option and will be prepared for the selected alternate after negotiation with the District for the design work. B. SCOPE OF SERVICES FEASIBILITY DESIGN The Scope of Services detailed below is based on information provided in the Master Plan, the pre - proposal meeting, and upon discussions with Bob Wiwi P.E.,District Engineer. The Basic Services to be provided by Donohue & Associates for this Project under this Agreement are as follows: 1.0 Project Management and Meetings 1.1 Assign Jim Miller, P.E., as Principal in charge and Paul Elling, P.E., as Project Manager. Paul will coordinate project activities and will be the principal liaison between the Owner and Donohue. 1.2 Prepare a project work plan containing the project background, project goals and objectives, task based project scope, project schedule, listing and schedule of deliverables, staffing plan with staff responsibility assignments, and other information which may be appropriate. 1.3 Prepare for and lead up to 4 project workshop meetings to discuss upcoming project issues and to review work completed and obtain Owners comments and ideas. Prepare meeting minutes documenting discussions and information to be incorporated in the designs. Project workshop meetings will be held at Owner's offices or other designated location. Also prepare for and attend one public meetings to discuss the project with the public and obtain their input. The following are the currently anticipated Workshop meetings 1.3.1 Workshop 1 — Kickoff Meeting, Data Gathering and initial alternative development/selection with District 1.3.2 Workshop 2 — Evaluation of data and alternative review 1.3.3 Workshop 3 — Draft report review 1.3.4 Workshop 4 — Public meeting presentation preparation 1.4 Provide monthly progress reports to OWNER to document services performed and schedule status. This is typically performed as part of the monthly project invoicing routine. EXHIBIT PAGE I Of 2.0 Feasibility Design 2.1 Obtain and review studies, reports, drawings and available information regarding the NW 13th Street Sanitary Interceptor Sewer Basin from the Owners records. It is anticipated that record drawings of the existing sewer system in the NW 13th Street Basin will be critical to this effort. 2.2 Contact Utility companies to determine the location of major facilities and the general disposition of their facilities in the project area. 2.3 Contact and/or meet with City and County planning officials to confirm anticipated growth patterns, land development types and other relevant data for inclusion in the Feasibility design for the NW 13t` Street Basin. Data for the Round Barn and Midwest Industrial Park will be provided by the Sanitary District. 2.4 Contact the State Hospital to determine the growth and usage patterns that are expected for the hospital. 2.5 Obtain from the Sanitary District flow data from flow meters to be installed at the beginning of May to determine what the current flow conditions are subsequent to manhole and pipeline rehabilitation work which has occurred in the basin. 2.6 Utilizing available mapping and land use data, field visit observations, and discussions with Owner and Owner's Representative, develop in detail up to 5 alternative design concepts to provide service to the NW 13th Street Basin, including combinations of rehabilitated sanitary interceptors, new . sanitary interceptors and/or force main/lift stations, and peak flow storage facilities. 2.7 Determine existing available sewer capacity for main sewer segments in the basin. As part of this effort evaluate the existing flow data, cleaning data, videotapes and other information which may indicate flow conditions. 2.8 Determine the anticipated flows for each sewer segment of each alternate in sufficient detail to identify the anticipated flows in that segment and overall from within the basin. 2.9 Compare the anticipated flows to the theoretical available sewer capacity to determine if additional capacity is required. 2.10 Develop phased improvement plan in accordance with schedule and funding availability if possible. 2.11 Prepare a written report indicating the alternatives developed, anticipated major utility conflicts in the area, an opinion of probable project construction costs, and the recommended alternative, along with the basis for the recommendation. A summary of preliminary hydraulic design calculations, listing of any potentially significant environmental impacts and proposed resolutions, and special construction requirements/procedures will be prepared for the selected alternative. 2.12 Furnish four draft copies of the report to the Owner for review and discussion in the final workshop meeting for the Feasibility design phase of work. EXHIBIT PAGE,pE 8 2.13 Furnish four final copies of the written report to the Owner documenting the final design work to be performed. 2.14 Perform Quality Control checks concurrent with Workshop 3 meetings. C. OPTION SCOPE OF SERVICES FINAL DESIGN The Scope of Services to be provided for final design under the option to extend the contract is anticipated to contain the following information based on our current understanding of the information provided in the Master Plan, the pre -proposal meeting, and upon discussions with Mr. Bob Wiwi. The Basic Services to be provided by Donohue for this Project under the option to extend the contract are as follows: 3.0 Project Management and Meetings 3.1 Assign Jim Miller, P.E. as Principal in charge and Paul Elling, P.E. as Project Manager. Paul will coordinate project activities and will be the principal liaison between the Owner and Donohue. 3.2 Prepare a project work plan containing the project background, project goals and objectives, task based project scope, project schedule, listing and schedule of deliverables, staffing plan with staff responsibility assignments, and other information which may be appropriate. 3.3 Prepare for and lead up to 4 project workshop meetings to discuss upcoming project issues and to review work completed and obtain Owners comments and ideas. Prepare meeting minutes documenting discussions and information to be incorporated in the designs. Project workshop meetings will be held at Owner's offices or other designated location. Also prepare for and attend one public meeting to discuss the project with the public and obtain their input. The following are the currently anticipated Workshop meetings 3.3.1 Workshop 5 — 40% Plan development review 3.3.2 Workshop 6 — 65% Plan development review and rough draft specifications 3.3.3 Workshop 7 — Prior to presentation to public for comments 3.3.4 Workshop 8 — 95% Plan development review and specifications 3.4 Provide monthly progress reports to OWNER to document services performed and schedule status. This is typically performed as part of the monthly project invoicing routine. 4.0 Final Design Phase 4.1 Prepare scope of work for detailed topographic survey and direct the activities of survey subconsultant to obtain critical design information where existing information is not available or is uncertain. Fee for survey subconsultant's work shall be approved prior to commencing with the work, as discussed in Part III of the agreement. 4.2 Prepare scope of work for geotechnical evaluations and subsurface exploration and assist the Owner with directing the activities of geotechnical consultant to obtain critical design information where existing information is not available or is uncertain. EXH6BlT PAGE .Of S 4.3 Incorporate field survey data as required to define topography and surface features; baselines, horizontal and_ vertical location of underground utilities and tie the proposed project layout into existing monumentation and topographic . Establish horizontal and vertical control for construction. Project control will be based upon coordinate and elevation control system used for the Richmond Geographic Information System (State Plane Coordinates and USGS). 4.4 Incorporate soil boring and geotechnical evaluation information relative to foundations of any new structures, backfill, subsurface conditions, dewatering and sheeting/shoring issues. 4.5 Perform hydraulic, structural, and other computations to define final size and location of new structures or structure modifications. 4.6 Identify easements and right-of-way required for the project and prepare scope of work for easement and right-of-way acquisition and direct the activities of subconsultant to prepare plats and legal descriptions for the parcels identified. Fee for survey subconsultant's work shall be approved prior to commencing with the work, as discussed in Part III of the agreement. 4.7 Develop final design drawings. Design drawings will be prepared at full size and plotted on 11" x 17" half size sheets. Sewer plan and profile sheets will be drawn with at a full size scale of 1" = 30' horizontal scale and a 1" = 5' vertical scale (half size drawings 1"=60' and 1"=10' respectively). 4.8 At this time it is unknown what the final design will be due to a variety of potential designs that are possible (peak flow storage, wet weather lift station and force main, relief sewers, or some combination thereof). We have assumed that the final design required will include approximately 20,000 feet of interceptor sewer or force main and either a major lift station or equalization basin and based our fee on this assumption. (We believe this would be sufficient to allow us to complete a number of likely alternatives.) 4.9 Prepare technical specifications. Standards and preferred equipment and material -type specifications used by the District will be incorporated in the technical specifications. Specifications will be prepared using District supplied front end documents or EJCDC documents if none are provided by the District. Technical specifications will be prepared using the CSI 3 part format. A draft bid form and a design cost estimate will also be prepared. 4.10 Submit 4 sets of half size design drawings (at 40, 65, and 95% complete levels) and specifications (at 65, and 95% complete level) for review by Owner. Specification submitted at the 65% level will primarily be unedited "master specs" for general format review only. 4.11 Perform Quality Control checks of the design concurrent with the Workshop 8 meeting. 4.12 Incorporate comments received and finalize the drawings for permits and bidding. Drawings for bidding purposes will be reproduced at half size. Up to 5 full size construction documents will be,prepared. The final bidding documents will be signed and sealed by a registered Professional Engineer in the State of Indiana. �EXHlP6� � PAGE �OF 4.13 Prepare an IDEM Construction Permit Application, and other permit applications which may be needed, upon completion of design, and provide technical input as required in securing the permit. 4.14 Submit electronic drawing files of the completed project in AutoCad 2002 format. Drawing files will contain all the information needed to tie the project to the City coordinate system. 5.0 Bidding Phase 5.1 Provide notice to bidding clearinghouses, distribute bidding documents and maintain a bidders listing. Preparation of up to 25 sets of full size bidding documents is included in this contract. 5.2 Assist with bidding questions and prepare addenda as required to document changes or clarifications in the bidding documents. 5.3 Attend a pre -bid meeting and prepare meeting minutes. 5.4 Obtain copies of all bidding documents for review and tabulation. Prepare a bid award recommendation letter for the Owner to review. 5.5 Deliver to Owner full size reproducible originals at the conclusion of the bidding process. D. PROJECT TEMING Donohue shall be authorized to commence the Services set forth herein for the NW 13th Street Area Sanitary Interceptor Sewer Project upon execution of this Agreement. The following schedule is anticipated for the project assuming authorization to proceed on March 9, 2004. Feasibility Design Complete (completion date assumes flow monitoring data available by June 1 and includes both dry and wet weather conditions) ............................... July 2, 2004 Owner Comments on Feasibility Design and Selection of Alternate .............. July 16, 2004 Assuming that the option to extend the contract is negotiated successfully we will develop a schedule for completion at that time. PART II OWNER RESPONSIBILITIES A. In addition to other responsibilities of OWNER setforth in this Agreement, OWNER shall: Identify a person to act as its authorized representative to respond to questions and make decisions on behalf of OWNER, accept completed documents, approve payments to Donohue, and serve as liaison with Donohue as necessary for Donohue to complete its Services. 2. Provide to Donohue information in the districts possession which is relevant to this project, assist Donohue by informing other City and County officials of the project and what information requests we may have, and other information regarding the existence, locations and elevations of district facilities and utilities which may be underground or hidden. Specifically the following information is known to be needed: EXHIBIT PAG ...`L_OF OC A. Round Barn Road Interceptor drawings including the siphon under Whitewater River. B. NW 13"' St Interceptor drawings C. Flows to be anticipated from Round Barn Road Interceptor (including Midwest Industrial Basin) D. Flow data from newly installed flow monitors E. Cleaning and televising data for sewer segments between Test Road and National road and along the south side of Earlham College F. Water usage data for industrial users in the NW 13`'' St Basin G. Flow data from the State Hospital 3. Obtain and pay for the services of a geotechnical consultant and direct the consultants activities. 4. Provide Donohue safe access to any premises necessary for Donohue to provide the Services. 5. Publicize, obtain and pay (if necessary) for a meeting room for the public information meetings. 6. Inform Donohue whenever Owner observes or becomes aware of a Hazardous Environmental Condition, that may affect Donohue's Scope of Services or time for performance. 7. Assist with the permitting process by identifying the names and mailing addresses of affected property owners for the permit application. 8. Negotiate with property owners and acquire parcels needed for construction as identified on plats and descriptions provided by Donohue. PART III COMPENSATION, BILLING AND PAYMENT A. Compensation as defined in the Scope of Services (Part I) of this Agreement shall be as follows: NW 13th Street Area Interceptor Feasibility Design $59,000 Lump Sum Option for NW 13th Street Area Interceptor Final Design to be determined B. Donohue will bill OWNER monthly with net payment due in 30 days. The invoice will contain a calculation of the amount of lump sum due based on percentage of Project completed during the billing period. C. Donohue will notify OWNER if Project scope changes require modifications to the above -stated contract value. Services relative to scope changes will not be initiated without authorization from OWNER. D. Additional expenses incurred during the project .outside the scope of services defined above will be invoiced at cost. E. The hourly billing rate schedule for 2004 is attached. This schedule of rates would be used if work outside of the scope listed in Part IB is requested, or if documentation of estimated costs is needed. EXHIBIT F} PAGE _U_OF J m co rn (D rn 0 n)" :EWXMZmm _. v M m p N Q N (n N CD 3 nKi � o D = cn 0 F. o rt m co 5 (D rn CD CD c' J a) a " a) m w 0) m m= R- cQ C 0 CD co i o(D(D CT OC `° C F! _ 3 0 Q co N' - v(D °° ` r `- `° c L 3 CD rn w `2, Q Q Q m rn 3 3 3 s 0) s SD = (D (D (D (A CO) CD CD a a p O "S 2 - -itn=G)mn o CD o :3CDa m 3 (D s N C_ Cn m l< nm � :3m' m (D n 0' N' CD 0 O s 1 T 22G) (na) =D r C" L A, Q. N N � N N p (D p = Q w �- 77 N � N ._. 7 (D to (CD N (D 3 "3' - � N O n 7r :-. a7 O p 0 aDCD a r �CD � m �. aim Dam _ m c so _ � (a a `G 3 m c� 5' rn rn cn (D a -aKKa) ca D=-n. v� ( ED C—C vv O 3 G) mCD (D m m rn m rn (D CD (D v' cn m m 3 N :3 �m(D `� CD — m c� m (D cn CD 0 N' r► N f AA) N 3 -o C7 ? p (Co D � W p w 3 0 p (D (D N :3 (D to (D_ O w K� p m c —I (D :3 3 (D 0 W 3 O _ o -� T a 3 3 <' EXHIBIT PAGE--? OF R' (: Donohue & Associates, Inc. Hourly Charge -Out Schedule - Indiana 2004 Employee Classification Engineer/Specialist VII Engineer/Specialist VI Engineer/Specialist V Engineer/Specialist IV Engineer/Specialist III Engineer/Specialist II Engineer/Specialist I Technician/Inspector IV Technician/Inspector III Technician/Inspector II Technician/Inspector I 4dministrative Assistance Expenses: Mileage at IRS stipulated rate Printing and reproductions at cost sourly Rate $155.00 $140.00 $125.00 $105.00 $95.00 $80 00 $85.00 $80.00 $75.00 $70. 0 $55. 0 tI&XHIBI � ':AGE �.