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Home My Public Portal About049-2004 - Eng - Salisbury Road Engineering Services - WinemillerPROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made and entered into this gy22Way of between the City of Richmond, Indiana, a municipao at on acting and through of Public Works and Safe , 2004, by and Associates, 34 East National(Roadn V nda iarefe�Ohio 45ed to as 377 (hereinafter g Board "Contractor"), "City') and Thomas to as th ller & referred to as the SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional engineering services in connection wi design of an acceleration/deceleration lane on Salisbury Road. th the A Request for Proposals, dated March 5, 2004, has been made available for inspection b Contractor, is on file in the office of Purchasing, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. y The response of Contractor to said Request for Proposals is attached hereto as Exhibit A w Exhibit is dated May 11, 2004, consists of three 3 which reference and made a part of this Agreement. Contractor shall andis it services m a y' manner conforming to its Proposal. Should any provisions, terms, or conditions contained in any of the documents attached hereto Exhibits, or in any of the documents incorporated by reference herein, conflict with an o provisions, terms, or conditions of this Agreement, this Agreement shall be ithafthe as y f the The Contractor shall furnish all labor, material, equipment, and services necessarycontrolling. completion of all work specified. for the proper No work shall commence until the City is in receipt of any required bonds and certificates insurance, and until a Purchase order has been issued b the Purchasing Department. p y of SECTION II. STATUS OF CONTRACTOR g p rhnent. Contractor shall be deemed to be an independent contractor and is not an employee or a the City of Richmond. The Contractor shall provide, at its own expense, competent su of the work. y gent of pervasion SECTION III. COMPENSATION City shall pay Contractor at the rates indicated on "Exhibit A," provided that the maxim Contractor can be paid under the terms of this Agreement is Six Thousand Five Hundred um sum d Dollars 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. 49-2004 Page 1 of 5 Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in five (5) working days written notice specifying the Part, for cause, at any time by giving at least 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 and/or competent manner its obligations under this Agreement, which include, but are not limited to, all work listed on "Exhibit A"; 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 proratedpayment performed prior to the date this Agreement is terminated, but shall be relieved ony other work responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in case of partial termination, the portion to be terminated. art by mutual Agreement setting forth the reasons for such termination, the effective date, and in the e SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees and to indemnify the City for any damage or in JurY to person or other claims which may arise from the Contractor's conduct or performance of this Agreement either intentionally or negligently including but not limited to, any claim which m property or any the negligent design or engineering of the Subject of this Agreement; provided, however, that ' nothing contained in this Agreement shall be construed as rendering the Contractor l arise due t of the City,g tractor liable for acts 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. y Cov— eras 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 Page 2 of 5 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 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 therefor 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 e 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 p yment 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: i 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 an y erson action on bealf of or any sub -contractor shall in no manner d sca rim te against orintimidate any tor 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. Page 3 of 5 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 its rights or obligations hereunder without the prior written consent Y assign or delegate any of f the other delegation or assignment, without the prior written consent of the other a per' `may such void. This Agreement shall be controlled by and interpreted according to Indiana law and shall p rty, shall be null and be binding upon the parties, their successors and assigns. Agreement between the parties, although it may be alred oriamen amended document whole r in art atian time by filing with the Agreement a written instrument setting forth such changes signed y parties. By executing this Agreement the parties agree that this document supersedes both 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 Coun arising out of this Contract must be filed in said courts. The �'° Indiana, and any suit arbitration or mediation shall be required prior to the commencement of legal procceedin s insaid Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other faction in any alternative forum, venue, or in front of any other tribunal, court, or admini body other than the Circuit or Superior Courts of Wayne Countystrative Contractor may have to bring such suit in front of other tribunals, in other a uesss of any right 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. "-Y 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 an or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this Agreement, including but not limited to, Cityc reasonable by City i fees.Y °ther damages Y 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 or burden of proof shall arise favoring or disfavorin an parties, and no presumption of the provisions of this Agreement. g Y Park' by virtue of the authorship of any 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 Public Works and Safety By: ohn Kenny, Preside Date:— 17� APPROVED: Sarah L. Hutto , Mayor Date: Z,p Page 5 of 5 "CONTRACTOR" THOMAS WINEMILLER & ASSOCIATES Title:�� Date: s � 05i11i2004 09:29 FROM THOMRS WINEMILLER & ASSOC TO 17659627024 P. 01 THOMAS WINEMILLER 4 ASSOCIATES. INC. CONSULTING CIVIL ENGINEERS OFtlO Civil Engineering • Land Planning • Survgying 34 EWl NAtionAI RoAd VnndAliA, Ohio 4S377 INOIANA Telephone 1825 West Main Street ne f997) B90 ne Richmond, Indiana a7n76 May Il, 2004 Telephone Mr. Charles Greene PE (765) 96&r,274 RICHMOND CITY ENGINEER 50 Northwest 56 Street Richmond, Indiana 47374 RE: Design of Improvements - Aceeieration/Deceleration Lane Salisbury Road, Richmond Dear Mr. Grccne: It was my Pleasure to meet with you yesterday regarding the civil above referenced Project. engineering design work for the It is our proposal to provide you with the following services for f We Win prepare the follo fee not to pset. exceed $6500. A) Title Sheet with appropriatenotes b) Two �t+strvction drawings (1 "=20)specification: c) Approximately 3 sheets of cross -sections (approximately cross-sectionsr d) Detail Sheet Y 18 - 50 intervals) e) Sheet of soil and erosion control details Our Plans will also include proposed si specifications will be Inage and proposed i.ane stri in Placed upon the plans. The playas will be aecom aniedg as well_ Projects quantities and an engineer's estimate. Upon acce p emate of Provide you with a paper set of 1 Ptance of our plans after final review win containing the above referenced plan set in digital f Ana signed/sealed De mylars and a CD (ACAD R 14)_ slur work will begin upon the execution of a contract with Richmond. Approximatel the board of Public Work/Ciiy of sets ofpl or Iars y two weeks will be required for completion of our work Additional be billed at cost plus acceptance of 10 percent An invoice will be sent upon final plans and 30 days are permitted for payment in full. The above stated fee does not include any or monitoring construction activities for safety for c°n coon inspection, safety compliance_ Our time includes mt ''�' Your stafl'for plan aeV7eR, but does not include an � fime attendance at pre -bid meetinmeW gs, y time for construction g with you and are not included in the gs� bid review, and contract administration_ C�gfo activities such as e above stated fee. As we discussed I do borings/test holes routinely carry Professional errors and omissions insurance. Occasionale clear specific ro ects and that our firm does not P t the fee for this insurance y� we are requested to do so for fee does not include cost for e&o i coverage is added to the Project cost insurance coverage, a above stated EXHIBIT � PAGE / �, 05i11i2004 09:30 FROM THOMRS WINEMILLER & ASSOC TO 17659627024 P..02 Mr, ChJu ies Greene, PE Sah*wy Road page 2 of 2 May 11, 2004 I wish to fta you for the oPPmt"Mty to interview with you and we sincere oppo""'ty to subn this proposal. Our firm looks forward to establis • sincerely aPpreGiate the a strong cortR"t"S relationship with you and your staff. Please feel fi, tto�call me shand od you have questions regarding this information. �Y Very tnily yours, THOMAS WMMH.UR & ASSOCIATES, INC. 11—� —'_3 IR- Q David R Rrmemiller, PE RLS cc: file EXHIBIT A PAGE Off 05i11i200d 09-23 FROM THOMgS WINEMILLER & gSSOC TO 17659627024 P.(a2 List of Internal Department Codes Printed February 02, 2004 FEE SCHEDULE 4 Code Departn,ept Name 1FC Field Crew, 1 person w/ Gpg Billing Rate Factor Multiplier G/L,Accounr# 2FC Field Crow, 2 ' �sOI' 110.00 1. 1. 4000. 3FC Field Crew, 3 person 110, 00 2. 1 • 4000. 4FC Field Crew, 4 person 140.00 3. l • 4000. AIR Additional Expense 15500 . 4 . 1 40W. BMG Businws/Building Mwmgw 0.00 1 1. 4000. CLR Clerical 38 00 1 • 1 • 4000. DP Dr aftpenoa 38.00 1 1 • 4000. DPA Draftpers�y Advanced 5750 . 1 1. 4000, DP3 i arsun, Senior 65.00 1' 1• 4000. ENG Engineer 73.00 1, l • 4000. EpM Engineer & Project Manager1 88.00 1. 4000. )gip der, Registered Professional 94.00 1 1' 4000. PSP F-ngineer, Senior Professional 100.00 1 1 4000. EW Expert Witte 105.00 1 1 4000. PZ N Planner 85.00 I I . 4000 PRI Corporate Officer 88.50 1 1 4000,RSU Surveyor, Registered. I30.00 1 • 1 4000 SUR Surveyor 78.00 1. 1. Tgly1 T eWOrazY/part time employee 62,50 1 1 4000. 4000, T1 recce inspector 39.50 1 1. 4000. ZTA T��✓�sMdor, Assistant 1 1 TIS w'uAGan/inspectnr, Senior 50.00 1 1 4000 4000. $9@ 1 62 50 1. 4000. 1 • 4000. EXHIBIT pq� �� TOTRL P.02