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HomeMy Public PortalAbout063-Hartman Ditch ProjectPROFESSIONAL ENGINEERING SERVICES AGREEMENT THIS AGREEMENT made and entered into thit2Lday of , 2004, by and between the City of Richmond, Indiana, a municipal corporation acting by 9nd through its Board of Public Works and Safety (hereinafter referred to as the "City") Bonar & Associates, d/b/a Bonar Group, Inc., 1700 Magnavox Way, Suite 110, Fort Wayne, Indiana 46804 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional engineering services in connection with the evaluation of the effect of proposed development on the Hartman Ditch Project. A Request for Qualifications, dated March 8, 2004 has been made available for inspection by Contractor, is on file in the office of the Purchasing Department, 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 Qualifications is attached hereto as "Exhibit A", which Exhibit is dated March 18, 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 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 a sum not to exceed Twenty-one Thousand Five Hundred Dollars ($21,500.00) for the complete and satisfactory performance of all work described on "Exhibit A", which sum includes any reimbursable expenses. Contractor shall be paid at the hourly rates described on "Exhibit A" and shall be reimbursed for any expense incurred in connection with the work herein at the rate of 1.1 times the actual cost of such expense. City reserves the right to request reasonable proof of any expense incurred and to withhold payment until such time that proof is received. CONTRACT 63-2004 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 Page 2 of 5 C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability 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 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; Page 3 of 5 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. 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 4of5 IN WTI'NESS 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. "MIT, THE CITY OF RICHMOND, INDIANA Board of Public Works And Safety By: M P. Jo I envy, President Date: l 2- / b -f APPROVE .: Sarah L. utton, M yor Date: 1 (ek�� "CONTRACTOR" BONAR & ASSOCIATES DB/A BONAR GROUP, INC. By: Ll�,�07 Acl. e�-014 Title:yJV -e�eew owl Date: ep — 28 - d ¢ Page 5 of 5 City of Richmond Reid Hospital / Reid Parkway Drainage Study Exhibit 1- Scope of Work A. General Description of Project: The City of Richmond is concerned about the impact that planned development in the upper half of the Hartman Ditch watershed will have on the Hartman Ditch. Residents are concerned that Hartman Ditch is nearing capacity based on the existing developments. The new developments causing concern include the proposed Reid Hospital complex, Ivy Tech campus expansion and the Indiana University East campus expansion. The purpose of this study is to evaluate several alternatives to minimize the storm water impact these new developments will have on the Hartman Ditch. B. The scope of the work will include the following: l . Obtain city documents related to the drainage study area including: as built drawings, topographic maps, boundary and plat maps, existing development plans and calculations, utility maps, information on future or proposed development in the drainage study area, and other pertinent data 2. Delineate overall water shed boundaries and mini shed boundaries 3. Field check existing mapped topography 4. Identify major utilities, if necessary 5. Meet with City staff to gather local knowledge of drainage issues (Meeting No. 1) 6. Meet with City staff to discuss drainage options and select which alternatives to evaluate (Meeting No. 2) 7. Coordinate with Reid Hospital developer/engineer. 8. Coordinate and assist City in preparing scope of work for a geotechnical consultant to evaluate the soils near the existing detention pond at the east end of Hartman Lane. 9. Develop up to 4 alternatives. Development of alternatives will include the following: a. Location of proposed drainage improvements b. Sizing of proposed structures c. Identify potential conflict with other projects d. Easements or property acquisition that may be required e. Identify permits that may be required f. Identify storm water quality benefits g. Identify potential environmental impacts and how they could be minimized h. Identification of traffic flow issues as a result of construction i. Develop preliminary opinion of cost 10. Meet with City staff to select recommended alternative (Meeting No. 3) EXHIBIT.,A- PAGE _L___�J PAENVIR01Richmond\Reid Hospital- Reid Parkway Drainage Study.doc Page 1 of 3 4/302004 City of Richmond Reid Hospital / Reid Parkway Drainage Study 11. Prepare a study report that includes the following: a. Review of developed alternatives b. Identification of selected alternative and discussion of why that alternative was recommended c. Conceptual drawing showing proposed structures and improvements (include Reid Hospital, Reid Parkway IU East and Ivy Tech improvements, only if available in digital format (.dwg or .dxf) d. Summary of the following for the recommended alternative: 1. Location of proposed drainage improvements 2. Sizing of proposed structures 3. Identify potential conflict with other projects 4. Easements or property acquisition that may be required 5. Identify storm water quality potential 6. Identify permits that may be required 7. Identify potential environmental impacts and how they could be minimized 8. Identification of traffic flow issues as a result of construction 9. Preliminary opinion of cost, including engineering cost 10. A preliminary project schedule 12. Present report to City staff (Meeting No. 4) 13. Participate in two public meetings to present drainage alternatives and recommendations (Meeting No. 5 and 6) C. The City of Richmond will be responsible for the following: 1. Provide limited topographic information on the section of Hartman Ditch between University Drive and Hartman Lane (4 ditch cross sections) 2. Provide inverts for existing 30" culvert pipe outlet on existing pond near the east end of Hartman Lane 3. Provide copies of site drawings/drainage calculations of recent developments within the Hartman Ditch watershed 4. Provide mapping of existing storm sewers in Hartman Ditch water shed 5. Contract with geotechnical consultant for soils investigation EXHIBIT PAGE P:\ENVIRO\Richmond\Reid Hospital- Reid Parkway Drainage Study.doc Page 2 of 3 4/302004 City of Richmond Reid Hospital / Reid Parkway Drainage Study Exhibit 2 — Schedule /Compensation A. Schedule: The report will be presented to the City staff within 5 weeks of the authorization to proceed. This schedule is based on receiving the information described in Exhibit 1, paragraph C.1 through CA within one week of the notice to proceed. B. Compensation: The services described in Exhibit 1 will be provided for a not to exceed fee of $21,500. Services will be invoiced at the standard billing rates attached to this exhibit, plus reimbursable expenses times a factor of 1.1. EXHIBIIT-' PAGE Of P:TNViROIRichmond\Reid Hospital- Reid Parkway Drainage Study.doc Page 3 of 3 4/30/2004 BONAR & ASSOCIATES, INC. d/b/a BONAR GROUP SCHEDULE OF CORPORATE BILLING RATES ENGINEERING/SURVEYING/PLANNING CALENDAR YEAR 2004 HOURLY CLASSIFICATION RATE Principal Engineer $145.00 Senior Project Manager 121.00 Senior Engineer, Surveyor, Designer, Planner 111.00 Project Engineer, Surveyor, Designer, Planner 92.00 Computer Consultant 80.00 Engineer, Surveyor, Designer, Planner 80.00 Junior Engineer, Surveyor, Designer, Planner 70.00 Senior Engineering Technician, Resident Project Representative, Survey Technician 68.00 Project Engineering Technician, Resident Project Representative, Survey Technician 60.00 Engineering Technician, Resident Project Representative, Survey Technician 51.00 Junior Engineering Technician, Resident Project Representative, Survey Technician 43.00 Grant Administrator, Secretarial Support 58.00 Clerical Support 39.00 2004Billingrates 4/30/2004 EXHIBIT PAGE-I-OF�.�