HomeMy Public PortalAbout057-Engineering Svc for CSO 004PROFESSIONAL ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT made and entered into this day of a , 2004, by and
-= between the City of Richmond, Indiana, a municipal corporation actin y and through Lts Board
of Sanitation Commissioners (here%after referred -to -as the "City") and CTL Engineering -of �-
Indiana, Inc., 6848 Hillsdale Court, Indianapolis, Indiana 46250 (hereinafter referred to as the
"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide geotechnical engineering services for the CSO 004
reconstruction.
A Request for Quotes, dated May 14, 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 Quotes is attached hereto as "Exhibit A", which
Exhibit is dated January 20, 2004, consists of four (4) 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 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 shail,.provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Two Thousand Six Hundred Ninety-seven Dollars
and Fifty cents ($2,697.50) for the complete and satisfactory performance of all work described
on "Exhibit A".
CONTRACT 57-2004
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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.
Coveraae Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
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Section 1. Bodily Injury
Section 2. Property Damage
-- D. Comprehensive Auto Liab*ity
Section 1. Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
$300,000 each occurrence
$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 VIL 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
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calendar day duringwhich 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
r _ = due or to become due hereunder may be forfeited, for a second or any Wbsequent
violation of the tei'f'ns 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 VM. 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 fort costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City Is 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
M1 - the day and year first written above, although signatures may be affixed on different dais.
"CPTY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitation Commi ' er
By: .&~
,President
Date:
APPROVEILI 19hz
Sarah tton, Mayor
Date: (Y H
Page 5 of 5
"CONTRACTOR"
CTL ENGINEERING of INDIANA, INC.
Title: y
Date: age,'- o2_ ep /
CTL Engineering of Indiana, Inc.
681_1iillsdale Court, Indianapolis, Indiana 46250
Phone: 317/585-8277 • Fax: 317/585-8621
e-mail: ctlin@ctieng.com AN EMPLOYEE OWNED COMPANY
Consulting Engineers • Testing • Inspection Services • Analytical Laboratories
May 6, 2004
City of Richmond
Department of Sanitation
2380 Liberty Avenue
Richmond, Indiana 47374
Attention: Mr. Robert D. Wiwi, P.E.
Reference: Subsurface Investigation
CSO 004 Reconstruction Project
Richmond, Indiana
CTL Proposal No. 04-5024-P
Dear Mr. Wiwi:
Established 1927
CTL Engineering of Indiana, Inc. is 'pleased to submit this proposal for providing geotechnical
engineering services for the CSO 004 Reconstruction Project.
SCOPE OF WORK
The work covered by this proposal consists of drilling, soil sampling, laboratory testing, and
recommendations relative to site preparation, water management and foundation support for the CSO
004 Reconstruction.
Triad Engineering Inc. requested 5 borings_ to be drilled within the proposed improvements to depths
of 15' to 30' as shown in Table 1. Boring B-3 cannot be drilled at the requested location due to the
steep embankment. The underlying soil condition at this location will be interpolated from the soil
conditions obtained in B-2 and B-4. However, B-4 may need to be extended 5' to 10' below the
requested depth to account for eliminating boring B-3. Borings B-1 and B-2 will be terminated if
bedrock is encountered above the estimated depths.
Boris No.
Estimated Depth feet
B-1
15
B-2
20
B-3
---
B-4
40
B-5
30
�HlBIT pars i ��
Offices: Ohio, Indiana, North Carolina, West Virginia
Subsurface Investigation
CSO 004 Reconstruction
CTL Proposal No. 04-5024-P
May 24, 2004
Page 2 _
PROCEDURES
The following items will be included in the general services provided by CTL Engineering.
A. Contact Indiana Utility Protection Services to locate underground utilities at the test boring
locations, and inform The City of Richmond Triad Engineering personnel of date of drilling.
B. Layout of test borings as suggested by Triad Engineering.
C. Drilling of test borings and laboratory testing in accordance with ASTM specifications.
D. Engineering evaluation and reporting to include:
1. 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/topsoil, fill, and underlying soils and rock
C. Groundwater encountered during drilling, at completion, and at end -of -day
d. Standard penetration as a function of depth
3. Existing subsurface conditions at the boring locations
4. Site preparation, earthwork requirements, water management, soil/rock design
parameters and foundation recommendations.
SCHEDULE
The schedule for this project is tabulated below.
fNG/il'Efi�/rYG�
EXHIBIT.. PAGE A Of
Subsurface Investigation
CSO 004 Reconstruction
CTL Proposal T o. 04-5024-P
May 24, 2004
Page 3
COST PROPOSAL _
Description
,ld Testing
Unit
Quantity
Unit Cost
Total Cost
ibilization/Demobilization
Each
11ing
1
$50.00
$50.0
7ng backfill
Each
105
7.50
787
Total Field Testing
Each
4
15.00
.5_
60
.0
'oratory Testing
$897.5+
t Spoon Sample
rberg Limits
Each
25
4.00
100.0(
iation including Hydrometer.
Each
Each
3
40.00
120.0(
�nfined Compression
3
40.00
120.00
Each
Total Laboratory Testing
6
25.00
150.00
!neering
$490.00
Hour 6 65.00 reparation Hoar 390.
ional Engineer 4 30.00 120.
Hour 10 80.00 800.1
Total Engineering
ESTIMATED FEE FOR SUBSURFACE INVESTIGATION $1,310.`
$2,697._
The above estimated fee is based on the following assumptions:
1 • All borings will be backfilled with soil cuttings.
2. We are planning to use an ATV mounted drill rig to minimize disturbance to the
lawn borings B-1 and B-2. However, tracks due to the weight of drill rig could occur dependingt
upon the surface condition of the lawn. Prior to entering the ark roe
Sanitation District will be contacted to obtain g p property,
rtY� Richmond
restoration costs of the lawn. Lawn restoration iflneeded, wihis llProposal
o osal doe at include
duo an
15%. cost
3 • The geotechnical investigation will be completed at the same time as Chester Blvd. Sanitary
Sewer interceptor.i
E.YG/AEE�9/rYG�
EXHIBIT � pq E �.3 pE�
Subsurface Investigation
CSO 004 Reconstruction
CTL Proposal No. 04-5024-P
May 24, 2004
Page 4
CLOSING
Based on the amount of work anticipated, it is estimated that our fee for performing the subsurface
investigation services is $2,697.50 assuming that the drilling will be done during the field testing
for Chester Boulevard. Price quotations are firm for 120 days from date of this proposal. All fees will
be billed at the unit rates quoted on the above Fee Schedule. If the total cost should exceed 10
percent of the above estimated fee due to unforeseen soil/rock condition, we will contact you to
obtain approval prior to performing the additional work.
We appreciate the opportunity to submit this proposal and look forward to working with you. If you
have any questions or need further information, please contact our office at (317) 585-8277 or email
tokaraki@ctleng.co
Sincerely,
CTL ENGINEERING OF INDIANA, INC.
Ali Karaki, P.E.
Principal Engineer
E�f'G/NEEDY/�fG=
(EXHIBIT -JL PAGE �QE�