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
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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.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
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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;
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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.
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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:
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Title:yJV -e�eew owl
Date: ep — 28 - d ¢
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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�.�