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HomeMy Public PortalAbout081-2017 - Engineering - Butler Fairman and Seufert - Engineering ServicesAGREEMENT BETWEEN OWNER AND ENGINEER THIS AGREEMENT is dated as of the day ofli/1 in the year 2017, by and between CITY OF RICHMOND, INDIANA 50 North 5P Street Richmond Indiana 47374 hereinafter called the OWNER and BUTLER FAIRMAN and SEUFERT, INC. 8450 Westfield Boulevard, Suite 300 Indianapolis Indiana 46240 hereinafter called the ENGINEER. WITNESSETH WHEREAS the OWNER requires professional engineering services in connection with the following described project: National Road Heritage Trail — Freeman Park to 24th Street WHEREAS, the OWNER wishes to engage the ENGINEER to provide certain services pertaining thereto; and WHEREAS, the ENGINEER represents that it has sufficient qualified personnel and equipment and is capable of performing the professional engineering services described herein; is a corporation qualified to do business in the State of Indiana; and the services described herein will be performed under the supervision of an engineer licensed to practice in the State of Indiana. The OWNER and the ENGINEER, in consideration of the mutual covenants hereinafter set forth, agree as follows: SECTION I SERVICES BY ENGINEER The services to be provided by the ENGINEER under this Agreement are set out in Appendix "A", attached to this Agreement, and made an integral part hereof. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY OWNER The information and services to be furnished by the OWNER are set out in Appendix "B", attached to this Agreement, and made an integral part hereof. SECTION III NOTICE TO PROCEED AND SCHEDULE Pagel of 7 Contract No. 81-2017 The ENGINEER shall begin the work to be performed under this Agreement upon receipt of the written notice to proceed from the OWNER, and shall deliver the work to the OWNER in accordance with the schedule contained in Appendix "C", attached to this Agree- ment, and made an integral part hereof. The ENGINEER shall not begin work prior to the date of the notice to proceed. This Agreement shall be applicable to all assignments authorized by the OWNER and accepted by the ENGINEER subsequent to the date of execution and shall be effective as to all assignments authorized. SECTION IV COMPENSATION The ENGINEER shall receive payment for the work performed under this Agreement as set forth in Appendix "D", attached to this Agreement, and made an integral part hereof. SECTION V MISCELLANEOUS PROVISIONS Miscellaneous Provisions are set out in Appendix "E", attached to this Agreement, and made an integral part hereof. SECTION VI GENERAL PROVISIONS 1. Work Office The ENGINEER shall perform the work under this Agreement at the following of- fice(s): 8450 Westfield Boulevard, Suite 300 Indianapolis, Indiana 46240 2. Employment During the period of this Agreement, the ENGINEER shall not engage, on a full or part time or other basis, any personnel who remain in the employ of the OWNER. 3. Subletting and Assignment The ENGINEER and its subcontractors, if any, shall not assign, sublet, subcontract, or otherwise dispose of the whole or any part of the work under this Agreement without prior written consent of the OWNER. Consent for such assignment shall not relieve the ENGINEER of any of its duties or responsibilities hereunder. 4. Use and Ownership All reports, tables, figures, drawings, specifications, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by the ENGINEER as instruments of service, shall remain the property of the ENGINEER. The OWNER shall be entitled to copies or reproducible sets of any of the aforesaid. Page 2 of 7 The ENGINEER will retain all pertinent records relating to the services performed for a period of five (5) years following performance of work, during which period the records will be made available to the OWNER at all reasonable times. The ENGINEER agrees that the OWNER is not required to use any plan, report, drawing, specifications, advice, map, document or study prepared by the ENGINEER and the ENGINEER waives all right of redress against the OWNER if the OWNER does not utilize same. Any modification, amendment, misuse of any of the ENGINEER's work by the OWNER or actions that disregard the ENGINEER's recommendations to the OWNER shall release the ENGINEER from any and all liability in connection with such work modified, amended or misused thereafter and the OWNER shall not use the ENGINEER's name thereon without the expressed approval of the ENGINEER. 5. Compliance with State and Other Laws The ENGINEER specifically agrees that in performance of the services herein enumer- ated by ENGINEER or by a subcontractor or anyone acting in behalf of either, that each will comply with all State, Federal, and Local Statutes, Ordinances, and Regulations. 6. Professional Responsibility The ENGINEER will exercise reasonable skill, care, and diligence in the performance of services and will carry out all responsibilities in accordance with customarily accepted professional engineering practices. If the ENGINEER fails to meet the foregoing standard, the ENGINEER will perform at its own cost, and without reimbursement from the OWNER, the services necessary to correct errors and omissions which are caused by the ENGINEER's failure to comply with above standard, and which are reported to the ENGINEER within one (1) year from the completion of the ENGINEER's services for the Project. In addition, the ENGINEER will be responsible to the OWNER for damages caused by its negligent conduct during ENGINEER's activities at the Project site or in the field to the extent covered by the ENGINEER's Comprehensive General Liability and Automobile Liability Insurance. The ENGINEER shall not be responsible for errors, omissions or deficiencies in the designs, drawings, specifications, reports or other services of the OWNER or other consult- ants, including, without limitation, surveyors and geotechnical engineers, who have been retained by OWNER. The ENGINEER shall have no liability for errors or deficiencies in its designs, drawings, specifications and other services that were caused, or contributed to, by errors or deficiencies (unless such errors, omissions or deficiencies were known or should have been known by the ENGINEER) in the designs, drawings, specifications and other services furnished by the OWNER, or other consultants retained by the OWNER. 7. Status of Claims The ENGINEER shall be responsible for keeping the OWNER currently advised as to the status of any known claims made for damages against the ENGINEER resulting from services performed under this Agreement. The ENGINEER shall send notice of claims related to work under this Agreement to the OWNER. Page 3 of 7 8. Insurance The ENGINEER shall at its own expense maintain in effect during the term of this contract the following insurance with limits as shown or greater: General Liability (including automobile) - combined single limit of $1,000,000.00; Worker's Compensation - statutory limit; and Professional Liability for protection against claims arising out of performance of profes- sional services caused by negligent error, omission, or act in the amount of $1,000,000.00. The ENGINEER shall provide Certificates of Insurance indicating the aforesaid coverage upon request of the OWNER. 9. Status Reports The ENGINEER shall furnish a monthly Status Report to the OWNER by the fifteenth (15th) of each month. 10. Changes in Work In the event that either the OWNER or the ENGINEER determine that a major change in scope, character or complexity of the work is needed after the work has progressed as directed by the OWNER, both parties in the exercise of their reasonable and honest judgment shall negotiate the changes and the ENGINEER shall not commence the additional work or the change of the scope of the work until a supplemental agreement is executed and the ENGINEER is authorized in writing by the OWNER to proceed. 11. Delays and Extensions The ENGINEER agrees that no charges or claim for damages shall be made by it for any minor delays from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Any such delays shall be compensated for by an extension of time for such period as may be determined by the OWNER, subject to the ENGINEER's approval. However, it being understood, that the permitting of the ENGINEER to proceed to complete any services, or any part of them after the date to which the time of completion may have been extended, shall in no way operate as a waiver on the part of the OWNER of any of its rights herein. 12. Abandonment Services may be terminated by the OWNER and the ENGINEER by thirty (30) days' notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so abandoned, the ENGINEER shall deliver to the OWNER copies of all data, reports, drawings, specifications and estimates com- pleted or partially completed along with a summary of the progress of the work completed within twenty (20) days of the abandonment. In the event of the failure by the ENGINEER to make such delivery upon demand, then and in that event the ENGINEER shall pay to the OWNER any damages sustained by reason thereof. The earned value of the work performed shall be Page 4 of 7 based upon an estimate of the portions of the total services as have been rendered by the ENGINEER to the date of the abandonment for all services to be paid for on a lump sum basis. The ENGINEER shall be compensated for services properly rendered prior to the effective date of abandonment on all services to be paid on a cost basis or a cost plus fixed fee basis. The payment as made to the ENGINEER shall be paid as the final payment in full settlement and release for the services hereunder. 13. Non -Discrimination Pursuant to Indiana and Federal Law, the ENGINEER and ENGINEER's subcontrac- tors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of work under 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, color, religion, sex, disability, national origin or ancestry. Breach of this coven- ant may be regarded as a material breach of the Agreement. 14. Employment Eligibility Verification. The ENGINEER affirms under the penalties of perjury that it does not knowingly employ an unauthorized alien. The ENGINEER shall enroll in and verify the work eligibility status of all its newly hired em- ployees through the E-Verify program as defined in IC 22-5-1.7-3. The ENGINEER is not required to participate should the E-Verify program cease to exist. Additionally, the ENGINEER is not required to participate if the ENGINEER is self-employed and does not employ any employees. The ENGINEER shall not knowingly employ or contract with an unauthorized alien. The ENGINEER shall not retain an employee or contract with a person that the ENGINEER subsequently learns is an unauthorized alien. The ENGINEER shall require its subconsultant, who perform work under this Contract, to certify to the ENGINEER that the subconsultant does not knowingly employ or contract with an unauthorized alien and that the subconsultant has enrolled and is participating in the E- Verify program. The ENGINEER agrees to maintain this certification throughout the duration of the term of a contract with a sub -consultant. The OWNER may terminate for default if the ENGINEER fails to cure a breach of this provi- sion no later than thirty (30) days after being notified by the OWNER. 16. No Investment in Iran. As required by IC 5-22-16.5, the ENGINEER certifies that the ENGINEER is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future state contracts, as well as an imposition of a civil penalty. 16. Successor and Assigns Page 5 of 7 The OWNER and the ENGINEER each binds themselves and successors, executors, administrators and assigns to the other party of this Agreement and to the successors, execu- tors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above, neither the OWNER and the ENGINEER shall assign, sublet or transfer their interest in the Agreement without the written consent of the other. 17. Supplements This Agreement may only be amended, supplemented or modified by a written docu- ment executed in the same manner as this Agreement. 18. Governing Laws This Agreement and all of the terms and provisions shall be interpreted and construed according to the laws of the State of Indiana. Should any clause, paragraph, or other part of this Agreement be held or declared to be void or illegal, for any reason, by any court having competent jurisdiction, all other causes, paragraphs or part of this Agreement, shall neverthe- less remain in full force and effect. This Agreement contains the entire understanding between the parties and no modifi- cation or alteration of this Agreement shall be binding unless endorsed in writing by the parties thereto. This Agreement shall not be binding until executed by all parties. 19. Independent Engineer In all matters relating to this Agreement, the ENGINEER shall act as an independent engineer. Neither the ENGINEER nor its employees are employees of the OWNER under the meaning or application of any Federal or State Laws or Regulations and the ENGINEER agrees to assume all liabilities and obligations imposed in the performance of this Agreement. The ENGINEER shall not have any authority to assume or create obligations, expressed or implied, on behalf of the OWNER and the ENGINEER shall have no authority to represent as agent, employee, or in any other capacity than as set forth herein. 20. Rights and Benefits The ENGINEER's services will be performed solely for the benefit of the OWNER and not for the benefit of any other persons or entities. 21. Disputes All claims or disputes of the ENGINEER and the OWNER arising out of or relating to the Agreement, or the breach thereof, shall be first submitted to non -binding mediation. If a claim or dispute is not resolved by mediation, the party making the claim or alleging a dispute shall have the right to institute any legal or equitable proceedings in a court located within the county and state where the project is located. 22. Limitation of Liabili Page 6 of 7 To the maximum extent permitted by law, the OWNER agrees to limit the ENGINEER's liability for the ENGINEER's damages to the sum of $1,000,000.00 limit of Professional Liability insurance. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. IN WITNESS WHEREOF, the OWNER and the ENGINEER have signed this Agreement in duplicate. One counterpart each has been delivered to the OWNER and the ENGINEER. This Agreement will be effective on ENGINEER: BUTLER, FAIRMAN and SEUFERT, INC. J n W Brand, Presiddint AttE 2017. OWNER: CITY OF RICHMOND, INDIANA BOARD OF PUBLIC WORKS AND SAFETY Vicki Robinson, President Page 7 of 7 APPENDIX "A" SERVICES BY ENGINEER A. PROJECT DESCRIPTION The proposed trail will be a part of the National Road Heritage Trail in Richmond, Indiana. The trail will begin near the southern end of Freeman Park and follow the park drive to Middleboro Pike (SR 227). The trail will follow the roadway southward to the north bank of Whitewater River, then turn eastward along the north bank. The trail will generally follow the river's north bank to the north end of the abandoned 17t' Street bridge, then cross the bridge to the south bank, where a trailhead and parking lot are planned between the bridge and Maple Drive. The trail will turn eastward along the south bank, past a proposed overlook near the bridge and dam, and continue eastward to the eastern terminus of the Trail at 24t' Street. The total project length of the trail is approximately 1.1 miles. The Trail will be a 10' wide paved path. The OWNER desires to determine the scope of work required to rehabilitate the 17t' Street Bridge with regard to structural stability. B. SCOPE OF WORK 1. The ENGINEER will develop and provide a Bridge Inspection and Condition Report, including the following tasks: A. Conduct a site visit to inspect the condition of the bridge, including the deck, railings, underside of the arch, spandrel walls, abutments, and wingwalls. B. Probe structure for any evidence of scour issues. C. Develop a Condition Report stating the existing conditions of each structural element, and recommended repairs needed to assure structural stability and safety, including a load rating of the current structure to determine its current capacity. Page 1 of 1 APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY OWNER The OWNER shall, within a reasonable time, so as not to delay the services of the ENGINEER: 1. Provide full information as to ENGINEER's requirements for the Project. 2. Assist the ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative there- to. 3. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor, and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 4. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project. 5. Furnish all existing approvals or permits from all governmental authorities having juris- diction over the Project. The ENGINEER will assist the OWNER in identifying and procuring any additional permits associated with this Project. 6. Arrange for access to and make all provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform services under this Agreement. 7. Obtain necessary easements and right-of-way for construction of the Project, including easement and right-of-way descriptions, property surveys and boundary surveys. 8. Furnish to the ENGINEER, as requested by the ENGINEER or as required by the Contract Documents, data prepared by or services of others, including exploration and tests of subsurface conditions at or contiguous to the site, drawings of physical condi- tions in or relating to existing surface or subsurface structures at or contiguous to the site. Page 1 of 1 APPENDIX "C" SCHEDULE All work by the ENGINEER under this Agreement shall be completed and delivered -to the OWNER for review and approval within the approximate time periods shown in the following schedule: Bridge Inspection and Condition Report 45 days from Notice to Proceed (NTP) Page 1 of 1 APPENDIX "D" COMPENSATION A. Amount of Payment 1. The ENGINEER shall receive as payment for the work performed under Item No. 2 below, the total fee not to exceed $5,000.00, unless a modification of the Agreement is approved in writing by the OWNER. 2. The ENGINEER will be paid for the following work on a lump sum basis in accordance with the following schedule: Fee Schedule Summary: Bridge Inspection and Condition Report $ 5,000.00 B. Additional Services Additional Services would be services required in connection with permits, construction inspection, right-of-way engineering, right-of-way acquisition, or any legal action or litiga- tion requiring the testimony and/or services of the ENGINEER, or if the OWNER or any other local, state, or federal agency shall direct or cause the ENGINEER to relocate or redesign the project, or any part thereof. The OWNER agrees to compensate the ENGINEER for Additional Services on the basis of actual hours of work performed on the project at the hourly billing rates noted in APPENDIX "D-1". The Hourly Billing Rates include overhead and fixed fee. In addition to the hourly fees for additional services indicated above, the ENGINEER shall be compensated for direct project -related expenses such as job -related travel, permit applications, etc. Any change in standards, design criteria, or other requirements by governmental units having jurisdiction over the contracted project which requires changes by the ENGINEER in the plans shall be considered as Additional Services. In the event that the OWNER retains someone other than the ENGINEER to provide construction inspection, then the OWNER agrees to compensate the ENGINEER for Additional Services rendered in connection with the interpretation of plans, project stake -out or such other services that may be required during the construction phase of the work to be performed. The ENGINEER shall, on behalf of the OWNER, cause to be made all borings and subsurface explorations and the analysis thereof; the cost of which shall be paid for by the OWNER. C. Method of Payment Payment shall be made by the OWNER to the ENGINEER each month as the work progresses. Page 1 of 1 APPENDIX "13-1" SCHEDULE OF COMPENSATION BUTLER, FAIRMAN and SEUFERT, INC. HOURLY RATE SCHEDULE Classification Hourly Rate E-V Engineer V (Principal) $ 205.00 E-IV Engineer IV $ 185.00 E-III Engineer III $ 156.00 E-II Engineer II $ 119.00 E-I Engineer 1 $ 83.00 FP -IV Field Personnel IV (Project Coordinator) $ 163.00 FP -III Field Personnel III $ 134.00 FP -II Field Personnel II $ 102.00 FP -I Field Personnel 1 $ 84.00 EA -III Engineer's Assistant III $ 162.00 EA -II Engineer's Assistant II $ 124.00 EA-1 Engineer's Assistant 1 $ 94.00 SP-1 Support Personnel 1 $ 66.00 C-II Clerical11 $ 102.00 C-1 Clerical $ 66.00 P-III Planner/Environmental Specialist III $ 177.00 P-II Planner/Environmental Specialist II $ 109.00 P-1 Planner/Environmental Specialist 1 $ 84.00 The billing rates are effective January 2017 and may be adjusted annually (beginning January 2018) to reflect changes in the compensation payable to the ENGINEER. Page 1 of 1 MISCELLANEOUS PROVISIONS There are no miscellaneous provisions. Page 1 of 1