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HomeMy Public PortalAbout056-2004 - Eng - Salisbury Road - Widening project - Burgess & NipplePROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made and entered into this kpp day of 2004 by and between the City of Richmond, Indiana, a municipal corporatiolfacting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Burgess & Niple, 251 North Illinois Street, Capital Center, Suite 920, 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 and other professional services in connection with the Salisbury Road widening project. A Request for Proposals, dated February 10, 2004 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 March 10, 2004, consists of five (5) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall perform all professional 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 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. SECTION III. COMPENSATION City shall pay Contractor at the rates listed on "Exhibit A", provided that Contractor's total compensation shall not exceed One Hundred Twenty-six Thousand Eight Hundred Dollars ($126,800.00) 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 four (4) 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. Contract No. W2004 .96-0- 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: 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 negligent acts, errors or omission in performance of this Agreement; 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 $300,000 aggregate Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage E. Comprehensive Umbrella Liability $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; 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 and venue 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 Public Works and Safety By: P . ohn Kenny, President Date: 0 APPROVIsz.�� 167wA Sarah L. H tton, Mayor Date: -7 1711 "CONTRACTOR" BURGESS & NIPLE By: Title: a re C'-/-Z) r Date: Page 5 of 5 OY RIC�� �p4 RIC�'IT O Exhibit «A» A DIAL I' 111>5IA�P City of Richmond Salisbury Road Widening from 800 feet south of I-70to NW `L " Street Des. No. 0400025 Project Description and Scope of Services L GENERAL This proposed project includes the widening Salisbury Road from 800 feet south of I-70 to the intersection of NW "L" Street. This project will be funded with Federal Aid and have an 80% Federal/ 20% Local match formula for Construction funding. The project will be designed to INDOT 3R standards (Indiana Design Manual Chapter 55) for an urban arterial. The preliminary engineering and land acquisition costs for this project will be paid for with 100% local funds. H. SURVEY Topographic Survey along Salisbury Road from a point approximately 600 feet south of NW L Street north to a point approximately 600 feet south of the bridge over I-70, for an approximate length of 8,000 lineal feet. Coverage will be 100 feet in width, 50 feet on each side of the existing centerline, with the addition of the front of the houses along the route for use in determining possible setback damages. Also, the intersecting roads will be surveyed from Salisbury Road for a length of approximately 400 feet in each direction, with the same width as allowed for Salisbury Road. There will also be additional topographic survey along Rich Road from Salisbury Road east to the flow line of Clear Creek, the width of which will extend from the north right of way line south 100 feet, to provide information for drainage structure construction. Section corners will be referenced to the survey line for the determination of property lines. This project will reference the existing bridge plans for Salisbury Road over I-70. A field book and route survey plat will be prepared for the project, and the route survey plat will be recorded in the county recorder's office. Survey will be electronically collected and a drawing will be prepared for design purposes showing topography, property lines and information, utilities, and contour lines. A TIN will also be prepared and included with the electronic file. III. DRAINAGE Drainage on this project will be accomplished by roadside ditches. A storm sewer will be constructed along Rich Road to Clear Creek to provide an outlet for drainage ditches Exhibit A Proj Descr Scope.doc Exhibit "A" EXHIBIT -.A— PAGE —1--4,-,.QfAr.4 04 R2Chr� -� 4 RIC�'ls Exhibit «A �NIQIATi4 n, along the northern portion of the project (north of the railroad). No open channel flow analysis for ditches is anticipated. IV. ENVIRONMENTAL At this time we believe no significant environmental impacts exist. The environmental document that will be required by federal regulations should be a Categorical Exclusion (CE). There is a potential need for Phase 1 or 2 environmental assessments for contaminated soils at the salvage yard if Right -of -Way is required at this site. However, we believe this can be done as part of a CE. A Phase 1 will be conducted as part of this prof ect. V. MAINTENANCE OF TRAFFIC Traffic can be maintained for the roadway widening, however, the reconstruction areas where site distance corrections must be made will require short-term closures. A detour will be required. VI. PROPOSED FACILITY This proposed project includes the widening and resurfacing of Salisbury Road from 800 feet south of I-70 to the intersection of NW "L" Street. This project will include widening of the existing roadway, adding turn lanes at intersections as required and improving roadside drainage. The following assumptions are made with regard to the intersections at this time. Traffic counts will need to be evaluated at Industries Road but it is assumed that left turn lanes will be added to all four legs of the intersection. Rich Road intersection will require a passing blister for the southbound Salisbury Road traffic. No auxiliary lanes will be added at Garr Jackson Road. The NW "L" Street intersection will be reconstructed and shifted east to improve the alignment and increase sight distance through the Reverse "S" Curves and to move away from the large utility pole in the NE comer of that intersection. Parts of the roadway shall be reconstructed to improve inadequate sight distance due to poor vertical alignment. These areas would include each side of the existing railroad crossing Indiana Design Manual Chapter 55 (3R) standards will be used for this project. VIL GEOTECHNICAL A Geotechnical investigation will be conducted as part of this project. The testing and report will be in compliance with INDOT standards and procedures. EXHIBIT _ PAGE 0 Exhibit A Proj Descr Scope.doc Exhibit "A" Exhibit "A" `w2TrsY�� VIII. RIGHT -OP -WAY Permanent Right -of -Way will be required for this project. Some existing Right -of -Way may exist on the project but much of the roadway appears to be on an easement with property lines described from the center of the road, which will require that the existing Right -of -Way be re -acquired. The following are descriptions of Right -of -Way Engineering and Services. Per parcel fees for these services are being provided for future execution but will not be a part of this contract. Right of Way Engineering: Preparation of parcel plat and description necessary for the acquisition of right of way needed for the construction of the project. All documents will be prepared to INDOT standards. The fee for these items will be on a per parcel basis. Right of Way Services: Abstracting, appraising and acquisition services associated with acquiring the necessary right of way parcels. These items will be based on a per parcel fee, and the appraisal fees will be based on the attached rate schedule, as there can be no determination of the type of appraisal needed until the project is designed. IX. PUBLIC MEETINGS. In addition to a formal public hearing it is anticipated that two Public information meetings will be required and as many as five other coordination meetings with various agencies. EXHIBIT PAGE Exhibit A Proj Descr Scope.doc Exhibit "A" A n3 , a� City of Richmond Salisbury Road Widening from 800 feet south of I-70to NW ` L " Street Des. No. 0400025 Fee Schedule Survey $ 28,500.00 Categorical Exclusion° $ 45000.00 Archaeological Reconnaissance $ 1,200.00 Phase 1 Environmental Site Assessment° $ 13800.00 GeotechnicalInvestigation@ $ 8,800.00 Road Design $ 82,500.00 TOTAL= $ 126,800.00 o This fee is for a CE only and will need to be modified if an Environmental Assessment is required. o This assumes one Phase 1 ESA only. Phase 2 ESA is not included in this cost. o Geotechnical fee may vary -h 10%depending on INDOT and will be billed as an actual cost. Additional Services (Not part of this Contract) Right -of -Way Engineering (per parcel) $ 1,936.40 RIW SERVICES Title work Buying Transfer documents Recording fees Appraisal Problem Analysis Per Parcel $ 295.00 $1,265.00 $ 100.00 $ 45.00 $ 175.00 Total= $1,880.00 APPRAISALS* Per Parcel Market Estimate $405.00 Value Finding $865.00 to $980.00 Short Forms $1325.00 to $2070.00 Review Appraisals 45% of Appraisal Fee *Type of appraisal depends on value of parcel and cost -to -cure items. EXHIBIT RPAGE =OF-&—� 05/07/04 City of Richmond Salisbury Road Widening from 800 feet south of I-70to NW 'Z" Street Des. No. 0400025 Hourly Rates Schedule by Classification Classification Senior Project Manager Registered Land Surveyor Project Engineer Designer Engineer CADD Operator Clerical Hourly Rate $165.00 $120.00 $115.00 $90.00 EXHIBIT A PAGE City of Richmond Salisbury Road Widening frorii 800 feet south of I--70to NW "L" Street Des. No. 0400025 Hourly Rates Schedule by Classification Classification Hourly Rate Senior Project Manager $165.00 Registered Land Surveyor $120.00 Project Engineer $115.00 Designer Engineer $90.00 . CARD Operator $85.00 Clerical $48.00 corn-r"CT 5 Co -20o q- EXHIBIT A PAGE