HomeMy Public PortalAbout097-2018 - Burke Engineering - Professional Certification ServiciesAGREEMENT
THIS AGREEMENT made and entered into this day of Jtree, 2018, by and between the
City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary
Commissioners and its Storm Water Management Board, with its office at 50 North 51 Street,
Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Christopher B. Burke
Engineering, LLC, 115 W. Washington Street, Suite 1368 South, Indianapolis, Indiana 46204
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for professional services related to the Richmond Wastewater
Treatment Plant ("WWTP") levee for purpose of gathering data, design, permitting, bidding
assistance, construction -related services and a letter of map revision for certification. These
professional services are necessary because an inspection recently done by Contractor revealed
that the WWTP levee has several deficiencies that need to be corrected to improve its overall
condition and its reliability to protect critical infrastructure assets at the WWTP. In addition,
some areas of the levee are mapped in the high -risk Special Flood Hazard Area on the local
Federal Emergency Management Agency ("FEMA") Flood Insurance Rate Map because the
levee has not been accredited with FEMA.
The Professional Services Proposal of Contractor is contained in Exhibit "A", is dated June 5,
2018, is nine (9) pages in length, and it is hereby incorporated by reference and made a part of
this Agreement. Contractor shall provide all professional engineering services at the rates set
forth in Exhibit "A" for City's Richmond Wastewater Treatment Plant levee with respect to data
gathering, design, permitting, bidding assistance, construction -related services and a Letter of
Map Revision.
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 performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. 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.
Contract No. 97-2018
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SECTION III. COMPENSATION
City shall pay Contractor a sum not to exceed Two Hundred Nineteen Thousand Seven Hundred
Dollars and Zero Cents ($219,700.00) for complete and satisfactory performance of the work
required hereunder. The monies to be paid to Contractor are based upon the bid sheet submitted
by Contractor, which is set forth in Exhibit "A", and attached with this Agreement and made a
part hereof. The monies to be paid to Contractor shall be paid 50% by the Richmond Sanitary
District and 50% by the Richmond Storm Water Department.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until final completion of all work.
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, in whole or in part, by mutual Agreement of the parties
by 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 damage or injury to person or
property or other claims which may arise from the Contractor's negligent conduct or 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.
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Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability (if applicable)
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
F. Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 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 COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
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interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged
in investment activities in Iran. In the event City determines during the course of this
Agreement that this certification is no longer valid, City shall notify Contractor in writing of
said determination and shall give contractor ninety (90) days within which to respond to the
written notice. In the event Contractor fails to demonstrate to the City that the Contractor has
ceased investment activities in Iran within ninety (90) days after the written notice is given to
the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-
16.5. In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor in the
manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be
in breach of this Agreement and terminate the agreement upon the expiration of the ninety
(90) day period set forth above.
SECTION IX. 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;
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
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.
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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 X. RELEASE OF LIABILITY
To the proportionate extent caused by a negligent act or omission of the Contractor, Contractor
hereby agrees to release and hold harmless the City and all officers, employees, or agents of the
same from liability which may arise in the course of Contractor's negligent performance of its
obligations pursuant to this Agreement. The City hereby agrees to release and hold harmless the
Contractor and all officers, employees or agents of the same from liability which may arise in the
course of City's performance of its obligations pursuant to this Agreement.
SECTION XI. 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.
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 reasonable costs incurred by City in its efforts to
enforce this Agreement against Contractor, including but not limited to, City's reasonable
attorney's fees.
In the event of any breach of this Agreement by City, and in addition to any other damages or
remedies, City shall be liable for all reasonable costs incurred by Contractor in its efforts to
enforce this Agreement against City, including but not limited to, Contractor'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.
Any person executing this Contract in a representative capacity hereby warrants that he or she has
authorization, in writing, by his or her principal to execute this Contract on behalf of the
Contractor and that such authorization has not been revoked or rescinded.
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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 Sanitary Commissioners
By:
ue Miller, President
Aman Bakshi, Vice Presi en
reg teins, Member
/Dated -
THE CITY OF RICHMOND, INDIANA,
by and through its Storm Water Management Board
President
-� Aman Bakshi, Vice President
Miller, Member
Dated: k' /7 _v
APPROV
now, M
Dated:
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"CONTRACTOR"
CHRISTOPHER B. BURKE
ENGINEERING, LLC
B
Printed: Jon D. Stolz
Title: Managing Vice -President
Dated: 7-12-2018
B� I
June 5, 2018
Mr. Elijah Welch, PE
Richmond Sanitary District
2380 Liberty Ave.
Richmond, IN 47374
Christopher B. Burke Engineering, LLC
115 W. Washington St. Suite 1368 South Indianapolis, IN 46204 317.266.8000 cbbel-in.com
Subject: Richmond Wastewater Treatment Plant Levee Restoration
Professional Services Proposal
Dear Mr. Welch:
As a leading provider of consulting services related to levees in Indiana, Christopher B. Burke Engineering,
LLC (CBBEL) is pleased to provide this proposal for professional engineering services related to the Richmond
Wastewater Treatment Plant Levee Wayne County, Indiana. The following is our understanding of the
assignment, scope of services, schedule, and estimated fee in support of the project.
UNDERSTANDING OF THE ASSIGNMENT
CBBEL recently completed an inspection report and developed an operations and maintenance manual for the
Richmond Wastewater Treatment Plant Levee. The inspection revealed that the levee has several deficiencies
that should be corrected to improve its overall condition and its reliability to protect critical infrastructure assets
at the treatment plant. In addition, some areas on the landward side of the levee are mapped in the high -risk
Special Flood Hazard Area (SFHA) on the local Federal Emergency Management Agency (FEMA) Flood
Insurance Rate Map (FIRM) because the levee has not been accredited with FEMA.
It is our understanding that the Richmond Sanitary District (District) is planning a plant expansion project to
be bid in the fall of 2019 and will utilize the State Revolving Fund (SRF). Some of the plant expansion is within
areas mapped in the SFHA. SRF funding may not be available for construction of projects in the SFHA. It is
our understanding that the District would like to rehabilitate and improve the levee as well as seek a Letter of
Map Revision (LOMR) from FEMA to remove areas protected by the levee from the SFHA. The project will
include the original levee south of the sludge storage tank only. The upstream segment of levee between the
upstream terminus and the sludge storage tank. To achieve a connection to continuous natural high ground
without relying on the upstream levee segment, the levee will need to be extended approximately 270 feet to
the east along the road north of the sludge storage tank.
Based on successful implementation on previous projects, CBBEL proposes that our services be divided into
the following phases:
Phase 1 — Data Gathering
Phase 2 — Design
Phase 3 — Permitting
Phase 4 — Bidding Assistance
Phase 5 — Construction -related Services
Phase 6 — Letter of Map Revision
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EXHIBIT'A' - Page 1 of 25
SCOPE OF SERVICES
Services to be provided by CBBEL for this work have been identified as follows:
PHASE 1— DATA GATHERING
The purpose of the data gathering phase is to obtain the data needed to support the design of restoration and
improvements to the levee, to permit the projects with the appropriate regulatory agencies, and to submit a
LOMR request to FEMA.
Task 1— Levee Topographic Survey: CBBEL will enter into a subcontract with Beals -Moore & Associates,
Inc. of Richmond, Indiana to conduct a topographic ground survey of the levee and adjacent areas. The ground
survey will identify planimetric features and utilities as well as provide elevation contours at a one -foot interval.
The survey will also be utilized to update the levee freeboard profile. It is assumed that the District will provide
access to the site for field work.
Task 2 — Subsurface Soil Investigation: CBBEL will retain ATC Group Services, LLC (ATC) to conduct a
subsurface soil investigation and geotechnical analysis. ATC will drill up to 22 borings along the levee and levee
extension. The borings will be drilled to depths of 20 to 50 feet below the ground surface. Samples will be
obtained for laboratory testing. Laboratory testing is expected to include moisture content tests, Atterberg
Limits, grain size distribution, consolidation, and triaxial strength tests. The actual testing program will depend
on the conditions encountered in the field.
Task 3 — Geotechnical Analysis and Reporting: ATC will perform stability, seepage and settlement analyses
in accordance with the U.S. Army Corps of Engineers (USACE) manual Design and Construction of Levees (EM
1110-2-1913). Factors of safety for loading cases pertinent to FEMA levee certification will be computed. ATC
will prepare a report of findings and recommendations. The analysis will identify potential deficiencies that may
need to be corrected as part of the restoration project and to meet FEMA requirements for a LOMR.
Task 4 — Wetland/"Waters" Delineation and Report: CBBEL will complete an investigation of the site to
determine the limits of wetlands/"Waters of the U.S." present. The completed wetland delineation will be based
on observations made during the field visits and information collected from soils maps, topographic data, aerial
photography, available stream gage data, floodplain data, and the National Wetlands Inventory. Information
collected on the other jurisdictional waters (streams) will include presence or absence of an Ordinary High
Water Mark (OHWM), OHWM dimensions, photo documentation, and GPS location of identified potentially
jurisdictional streams. We will complete the wedand delineations based on the methodology established by the
USACE in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual. Midwest Region. CBBEL staff
will map wetlands and other jurisdictional waters found on site using a sub -meter accurate GPS unit, a method
of wetland mapping approved by the USACE.
CBBEL will summarize the results of the data collection efforts into a Wetland/"Waters of the U.S." delineation
report. The report will be based upon the USACE Midwest Regional Supplement. Included exhibits will depict the
approximate wetland and stream/ OHWM and approximate property boundaries, National Wetland Inventory,
soil survey, floodplain, USGS topography, and site photographs and their locations. We will also attach the
USACE Midwest Region data forms. The GPS wetland and stream survey will be our base wetland boundary
maps. The report will include an opinion of federal and state jurisdiction over the wetland and stream areas.
Task 5 — Interior Drainage Analysis: An interior drainage analysis of levee -protected areas is required by
FEMA to obtain a LOMR. CBBEL will perform an interior drainage analysis for the levee to identify areas of
possible residual flooding on the levee interior during flooding events on East Fork Whitewater River that
coincide with a rainfall event over the area protected by the levee. The analysis will be performed using
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EXHIBIT'A' - Page 2 of 25
xpswmm, a dynamic modeling program that is acceptable by FEMA criteria. CBBEL vill prepare a map
showing locations of one -percent annual chance (100-year) interior drainage flooding.
Task 6 — Project Management, Administration and Meetings: This task is associated with project
coordination, management and administration throughout this phase of project. CBBEL anticipates one
meeting with the District in Richmond, Indiana to discuss the results of the data gathering phase.
Phase 1 Estimated Fee: $75,500
PHASE 2 —DESIGN
The design phase includes preparation of the drawings and technical specifications to be used by a contractor
to construct the project.
Task 1 — Design Drawings: CBBEL will prepare the design drawings that will be used by a contractor to
construct the restoration and improvements to the levee. Based on CBBEL's inspection, restoration is expected
to include removing trees and brush, filling ruts, and seeding bare areas. Improvements are expected to include
raising the levee crest in isolated areas to meet FEMA freeboard requirements and a new tie -back levee segment
to tie into continuous natural high ground near the sludge storage tank. The specific drawing sheets needed will
be based on the nature of the design. However, it is expected that the design drawings will contain the following
sheets:
• Title sheet
• Project information sheet
• Plan and profile
• Cross -sections
• Erosion and sediment control plan
• Erosion and sediment control plan details
• Miscellaneous details
Task 2 — Technical Specifications: CBBEL will prepare technical specifications for the project. The
specifications will address the materials, installation procedures, and testing and quality assurance standards that
must be followed by the contractor.
Task 3 — Engineer's Estimate: CBBEL will estimate quantities and develop opinions of probable
construction cost for the project.
Task 4 — Project Management, Administration and Meetings: This task is associated with project
coordination, management, and administration. CBBEL staff will attend up to two meetings with the District
for the duration of this phase. It is expected that meetings will take place when the drawings are 50% and 95%
complete. It is assumed that the meetings will take place in Richmond, Indiana.
Phase 2 Estimated Fee: $45,600
PHASE 3 — PERMITTING
Work within the regulatory floodway and impacts to "Waters of the U.S." require permit approval from the
Indiana Department of Natural Resources (IDNR), Indiana Department of Environmental Management
(IDEM) and the USACE. The estimated fee associated with the work in Phase 3 is based on the expected
impacts to water resources at the time of preparing the proposal. CBBEL reserves the right to reevaluate the
scope of work and fee for permitting following the completion of Phase 1 and 2 if more extensive permitting
is required.
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EXHIBIT'A' - Page 3 of 25
Task 1 — Construction in a Floodway Permit Application: CBBEL will prepare a permit application to
submit to IDNR which is expected to include the following information as attachments:
1. Construction in a Floodway Form
2. Proof of public notice & N4 forms
3. Wetland delineation report
4. Construction in a Floodway Permit Technical Report
CBBEL will provide up to eight hours of staff support following the submittal of the Construction in a
Floodway Permit application to respond to comments/questions from IDNR regarding the report and non -
modeling calculations.
Task 2 — Section 401 and 404 Permit Applications: CBBEL will complete and submit a Regional General
Permit application to IDEM and the USACE for approval of the proposed project impacts. CBBEL will
develop the required exhibits, data and documentation for the supplemental information required for the
Section 401 and 404 permit applications. Our staff will coordinate the progress and review of the project by
the regulatory agencies.
Task 3 — Rule 5 Permit: If required by the amount of land disturbance, CBBEL will prepare and submit the
construction plans to the appropriate reviewing agency to obtain Rule 5 approval. CBBEL will also complete
the required public notice in a local newspaper. Once approval has been obtained and the public notice
completed, CBBEL will prepare and submit a Notice of Intent (NOI) to IDEM for the Rule 5 Permit.
Task 4 — Project Management, Administration, and Meetings: This task is associated with project
coordination, management, and administration throughout this phase of the project. No meetings are
anticipated during the permitting phase.
Phase 3 Estimated Fee: $11,400
PHASE 4 — BIDDING ASSISTANCE
It is expected that the project will follow the design -bid -build format. Following completion of the design
drawings and receipt of permit approvals for the project, CBBEL will work with the District to obtain bids
from a qualified contractor to construct the project. It is assumed that the District will provide its own front-
end documents and bidding instructions.
Task 1— Project Manual: CBBEL will compile the District's front-end documents and bidding instructions
with the technical specifications and other pertinent information into a comprehensive project manual to
accompany the design drawings.
Task 2 — Distribute Bid Documents: CBBEL will work with the District to develop a list of qualified
contractors to be notified about the project and will prepare the necessary bid advertisement. CBBEL will assist
with distribution of the bid documents to interested bidders. It is assumed that bid documents will be
distributed electronically.
Task 3 — Pre -bid Meeting: CBBEL will arrange and facilitate a pre -bid meeting to be held at the project site
for contractors interested in bidding on the project. We will develop an agenda for the meeting and answer
contractor questions about the bid documents. We will also prepare and distribute meeting minutes and
appropriate addenda to the bid documents based on comments received during and after the pre -bid meeting.
Task 4 — Bid Review: Following the bid opening, CBBEL will review the bids for completeness and compare
the bids on the basis of cost and a demonstration of the contractor's ability to complete the project. CBBEL
will provide a recommendation to the District for proceeding with the selection of a contractor.
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EXHIBIT'A' - Page 4 of 25
Task 5 — Project Management, Administration and Meetings: This task is associated with project
coordination, management and administration. CBBEL staff will attend up to one meeting with you to discuss
the bid and contractor selection. It is assumed that the meeting will take place in Richmond, Indiana.
Phase 4 Estimated Fee: $5,100
PHASE 5 —CONSTRUCTION-RELATED SERVICES
Construction -related services are essential for project quality control. CBBEL has assumed part-time
construction observation for the purpose of monitoring progress of the project, fulfilling permit conditions,
and to be able to responsibly issue record drawings from the project. It is important to note that full-time
construction observation may be necessary based on the nature of the design, permit conditions, and level of
potential risk the District is willing to accept. It is expected that the District and CBBEL will reevaluate
construction -related services following completion of the previous project phases.
Task 1— Site Visits: CBBEL staff will perform site visits during construction at intervals appropriate to various
stages of construction. The site visits will be for the purpose of responding to requests for information from
the contractor and/or the District, observing the overall progress of construction, and documenting conditions
for preparation of as -built drawings. CBBEL has estimated 80 hours of staff time for site visits.
Task 2 — Submittal Review: CBBEL staff will review shop drawings and product data submittals provided
by the contractor as required by the technical specifications. CBBEL will stamp, sign and date, and indicate the
contractor's requirements for revisions or correction of the submittal. A copy will be provided to the District
as well as the contractor.
Task 3 — Requests for Information: CBBEL will respond to questions from the contractor and/or the
District during construction to provide additional information or clarification on the design. Each request will
be documented and a formal response returned to the contractor and the District.
Task 4 — Record Drawings: CBBEL staff will prepare record drawing documentation of the project. The
record drawing documentation will be based on field mark-ups to be provided by the contractor as well as
CBBEL's own site visits. It is also expected that the contractor will provide an as -built topographic survey of
the levee for incorporation into the record documents.
Task 5 — Project Management, Administration and Meetings: This task is associated with project
coordination, management and administration throughout this phase of the project. CBBEL staff will attend,
schedule, and lead the pre -construction meeting, substantial completion meeting, and final completion meeting
and will also prepare and distribute meeting minutes. It is expected that progress meetings can be held at the
time of site visits.
Phase 5 Estimated Fee: $29,400
PHASE 6 —LETTER OF MAP REVISION
Following completion of the necessary data gathering and analyses as well as the levee restoration and
improvement project, it is expected that the levee will meet FEMA requirements to remove landward areas
from the SHFA through a LOMR.
Task 1— Early Coordination with FEMA: As early as practical, CBBEL staff will initiate discussions with
FEMA Region V to begin coordination of the LOMR submittal. Early discussions will generally consist of
telephone and email correspondence, but CBBEL will host a meeting and site visit at the District's direction, if
FEMA is willing to attend.
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EXHIBIT'A' - Page 5 of 25
Task 2 — Flood Warning and Emergency Evacuation Plan: FEMA recently indicated that a Flood Warning
and Emergency Evacuation Plan (FWEEP) will need to be submitted to meet operations and maintenance
requirements. CBBEL will develop a FWEEP for the Richmond Wastewater Treatment Plant Levee that details
potential levee failure modes, determination of event severity, basic communication protocols, and risk areas
behind the levee. The FWEEP ,,vill either be incorporated into the overall operations and maintenance manual
or developed as a stand-alone document.
Task 3 — Floodway and Floodplain Boundary Determination: The effective floodway and floodplaui
boundaries along East Fork Whitewater River were delineated based on a Flood Insurance Study (FIS) model
that was created in WSP2, a software package that is no longer supported. CBBEL will develop an existing
condition model using modern software approved by FEMA. The model will begin at FIS cross section J
approximately 1,500 feet downstream of the Richmond Wastewater Treatment Plant. It has been assumed that
the model will tie into the effective 1% annual chance flood profile within 0.5 feet at FIS cross section M
(approximately 600 feet upstream of Main Street), in accordance with IDNR and FEMA requirements. If the
flooding elevations cannot be tied in at this location, CBBEL will notify the District and will prepare an
amendment prior to continuing. This approximately three -mile -long reach will include five bridges (Test Road,
G Street, the Cardinal Greenway pedestrian bridge, US 40, and Main Street) that will be surveyed as part of
Phase 1. CBBEL will delineate the proposed revision to the floodway and floodplain boundaries for the existing
condition model results along the study reach on a suitable base map. This task also includes data collection for
five bridge crossings over East Fork Whitewater River to facilitate the hydraulic modeling and delineation of
the floodway and floodplain by a licensed professional surveyor.
Task 4 — LOMR Application: Following the completion of the previous phases and early coordination with
FEMA, CBBEL will compile a LOMR application package to be submitted to IDNR for approval. Once
approved by IDNR, the submittal will be provided to FEMA for review. The package will consist of the various
MT-2 forms required by FEMA with appropriate signatures from CBBEL, our subconsultants, and the District.
In addition to the forms, CBBEL will prepare the required exhibits and appendices including an annotated
FIRM and will compile the as -built plans and/or surveys and documentation of the engineering analyses
completed that demonstrate FEMA requirements are met. CBBEL will draft language for the FEMA-required
public notice to affected landowners. It has been assumed that the District will manage the preparation and
submittal/mailing of public notices. CBBEL will monitor the progress of the LOMR review by FEMA and/or
their contractor and will respond to inquiries from FEMA as needed until a final decision on the map revision
is issued. CBBEL has accounted for a total of 16 hours of effort to respond to IDNR and FEMA questions
and comments. The estimated fee includes FEMA's application and review fee. The current FEMA LOMR fee
for levees is $9,000 for an online submittal plus $60/hour. We have included $10,000 for the submittal and
review fee in the estimated fee.
Task 5 — Project Management, Administration and Meetings: This task is associated with project
coordination, management and administration throughout this phase of the project. CBBEL anticipates one
meeting with the District to discuss the LOMR application. It is assumed that this meeting will be held in
Richmond, Indiana.
Phase 6 Estimated Fee: $52,700
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EXCLUDED SERVICES
This current proposal specifically excludes the following services:
1. Boundary survey
2. Wetland mitigation
3. Archaeological study
4. Applying for permits not specifically listed
5. Full-time construction observation
6. Additional meetings
If it is determined that any of these services are needed, CBBEL will prepare a proposal for a contract
amendment to perform the required services.
ESTIMATED FEE
The total fee for completing this project shall not exceed $219,700 unless the parties execute a written change
order prior to the performance of additional services. We will bill you monthly, on a time and material basis,
for assigned tasks in accordance with our attached standard charges for professional services.
In addition, our contract will be established in accordance with the attached general terms and conditions,
which are expressly incorporated into and are an integral part of this contract for professional services. It should
be emphasized that any requested additional meetings or additional services that are not included in the
preceding fee will be billed at the attached hourly rates.
If this proposal meets with your approval, please sign where indicated and return an executed original to us as
our notice to proceed. The executed proposal, along with the estimated fee, and the attached standard charges
for professional services and general terms and conditions constitute the whole of our agreement. Any
modification to any part of this agreement without prior acknowledgement and consent by CBBEL will make
null and void this agreement. Any time commitment made by CBBEL as part of the agreement does not begin
until CBBEL has received an executed original.
We appreciate the opportunity to submit this proposal and look forward to working with you on this project.
Please contact me or project manager A.J. Fricke, PE at the number listed above if you have any questions.
Sincerely,
,:�;Jo, D. Stolz, PE
Managing Vice President
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THIS PROPOSAL, ESTIMATED FEE, STANDARD CHARGES FOR PROFESSIONAL
SERVICES AND GENERAL TERMS AND CONDITIONS ARE ACCEPTED ON BEHALF OF
THE RICHMOND SANITARY DISTRICT BY:
Signature:
Name (Printed):
Title:
Date:
Enclosures: Standard Charges for Professional Services
General Terms and Conditions
Fee Justification
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Christopher B. Burke Engineering, LLC
Standard Charges for Professional Services, January 2018
Personnel
Hr
EngineerVI....................................................................................................................................................................
216
EngineerV.....................................................................................................................................................................
197
EngineerIV....................................................................................................................................................................
172
EngineerIII...................................................................................................................................................................
144
EngineerI/II.................................................................................................................................................................
113
ResourcePlanner V......................................................................................................................................................
160
ResourcePlanner IV.....................................................................................................................................................
150
ResourcePlanner III...................................................................................................................................................
130
ResourcePlanner I/11..................................................................................................................................................
105
EngineeringTechnician IV.........................................................................................................................................155
EngineeringTechnician III.........................................................................................................................................139
EngineeringTechnician I/11.......................................................................................................................................105
CAD11............................................................................................................................................................................130
CADI.............................................................................................................................................................................107
GISSpecialist III...........................................................................................................................................................139
GISSpecialist 1/II........................................................................................................................................................100
Environmental Resource Specialist V.......................................................................................................................
151
Environmental Resource Specialist IV......................................................................................................................
139
Environmental Resource Specialist III......................................................................................................................
125
Environmental Resource Specialist I/11...................................................................................................................
105
Environmental Resource Technician...........................................................................................................................
99
Administrative.................................................................................................................................................................
75
EngineeringIntern..........................................................................................................................................................
60
InformationTechnician 1/11.........................................................................................................................................
75
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage ..................................................... Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering LLC reserves the right to increase these rates and costs by S% if the contract is executed after
December31, 2018.
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Christopher B. Burke Engineering, LLC
General Terms and Conditions
Relationship Between Engineer and Client: Christopher B. Burke Engineering, LLC (Engineer) shall
serve as Client's professional engineer consultant in those phases of the Project to which this
Agreement applies. This relationship is that of a buyer and seller of professional services and as such
the Engineer is an independent contractor in the performance of this Agreement and it is understood
that the parties have not entered into any joint venture or partnership with the other. The Engineer
shall not be considered to be the agent of the Client. Nothing contained in this Agreement shall create
a contractual relationship with a cause of action in favor of a third party against either the Client or
Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts or failures to
act shall be deemed to have accrued and the applicable statute of limitations shall commence to run
not later than the date of substantial completion.
2. Responsibility of the Engineer: Engineer will strive to perform services under this Agreement in
accordance with generally accepted and currently recognized engineering practices and principles, and
in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions. No other representation,
express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any
report, opinion, document, or otherwise.
Notwithstanding anything to the contrary which may be contained in this Agreement or any other
material incorporated herein by reference, or in any Agreement between the Client and any other party
concerning the Project, the Engineer shall not have control or be in charge of and shall not be
responsible for the means, methods, techniques, sequences or procedures of construction, or the
safety, safety precautions or programs of the Client, the construction contractor, other contractors or
subcontractors performing any of the work or providing any of the services on the Project. Nor shall
the Engineer be responsible for the acts or omissions of the Client, or for the failure of the Client, any
architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities
in accordance with the Project documents, this Agreement or any other agreement concerning the
Project. Any provision which purports to amend this provision shall be without effect unless it
contains a reference that the content of this condition is expressly amended for the purposes described
in such amendment and is signed by the Engineer.
3. Changes: Client reserves the right by written change order or amendment to make changes in
requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client
shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if
commercially possible.
4. Suspension of Services: Client may, at any time, by written order to Engineer (Suspension of Services
Order), require Engineer to stop all, or any part, of the services required by this Agreement. Upon
receipt of such an order, Engineer shall immediately comply with its terms and take all reasonable steps
to minimize the costs associated with the services affected by such order. Client, however, shall pay
all costs incurred by the suspension, including all costs necessary to maintain continuity and for the
resumptions of the services upon expiration of the Suspension of Services Order. Engineer will not
be obligated to provide the same personnel employed prior to suspension, when the services are
resumed, in the event that the period of suspension is greater than thirty (30) days.
5. Termination: This Agreement may be terminated by either party upon thirty (30) days written notice
in the event of substantial failure by the other party to perform in accordance with the terms hereof
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through no fault of the terminating party. This Agreement may be terminated by Client, under the
same terms, whenever Client shall determine that termination is in its best interests. Cost of
termination, including salaries, overhead and fee, incurred by Engineer either before or after the
termination date shall be reimbursed by Client.
6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project Documents
prepared by Engineer in connection with any or all of the services furnished hereunder shall be
delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all
Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project
Documents such as, but not limited to reports, calculations, drawings, and specifications prepared for
the Project, whether in hard copy or machine readable form, are instruments of professional service
intended for one-time use in the construction of this Project. These Project Documents are and shall
remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic
tape or disk, for information and reference in connection with the occupancy and use of the Project.
When and if record drawings are to be provided by the Engineer, Client understands that information
used in the preparation of record drawings is provided by others and Engineer is not responsible for
accuracy, completeness, nor sufficiency of such information. Client also understands that the level of
detail illustrated by record drawings will generally be the same as the level of detail illustrated by the
design drawing used for project construction. If additional detail is requested by the Client to be
included on the record drawings, then the Client understands and agrees that the Engineer will be due
additional compensation for additional services.
It is also understood and agreed that because of the possibility that information and data delivered in
machine readable form may be altered, whether inadvertently or otherwise, the Engineer reserves the
right to retain the original tapes/disks and to remove from copies provided to the Client all
identification reflecting the involvement of the Engineer in their preparation. The Engineer also
reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in
machine readable form, which originals shall be referred to and shall govern in the event of any
inconsistency between the two.
The Client understands that the automated conversion of information and data from the system and
format used by the Engineer to an alternate system or format cannot be accomplished without the
introduction of inexactitudes, anomalies, and errors. In the event Project Documentation provided to
the Client in machine readable form is so converted, the Client agrees to assume all risks associated
therewith and, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer
from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising therefrom or in connection therewith.
The Client recognizes that changes or modifications to the Engineer's instruments of professional
service introduced by anyone other than the Engineer may result in adverse consequences which the
Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement
to deliver its instruments of professional service in machine readable form, the Client agrees, to the
fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all
claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of
or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the
machine readable information and data provided by the Engineer under this Agreement. The
foregoing indemnification applies, without limitation, to any use of the Project Documentation on
other projects, for additions to this Project, or for completion of this Project by others, excepting only
such use as may be authorized, in writing, by the Engineer.
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Reuse of Documents: All Project Documents including but not limited to reports, opinions of
probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement are
intended for use on the Project only. They cannot be used by Client or others on extensions of the
Project or any other project. Any reuse, without specific written verification or adaptation by Engineer,
shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer from all claims,
damages, losses, and expenses including attorney's fees arising out of or resulting therefrom.
The Engineer shall have the right to include representations of the design of the Project, including
photographs of the exterior and interior, among the Engineer's promotional and professional materials.
The Engineer's materials shall not include the Client's confidential and proprietary information if the
Client has previously advised the Engineer in writing of the specific information considered by the
Client to be confidential and proprietary.
8. Standard of Practice: The Engineer will strive to conduct services under this agreement in a manner
consistent with that level of care and skill ordinarily exercised by members of the profession currently
practicing in the same locality under similar conditions as of the date of this Agreement.
9. Compliance with Laws: The Engineer will strive to exercise usual and customary professional care in
his/her efforts to comply with those laws, codes, ordinance and regulations which are in effect as of
the date of this Agreement.
With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or
certified state or local accessibility regulations (ADA), Client understands ADA is a civil rights
legislation and that interpretation of ADA is a legal issue and not a design issue and, accordingly,
retention of legal counsel (by Client) for purposes of interpretation is advisable. As such and with
respect to ADA, Client agrees to waive any action against Engineer, and to indemnify and defend
Engineer against any claim arising from Engineers alleged failure to meet ADA requirements
prescribed.
Further to the law and code compliance, the Client understands that the Engineer will strive to provide
designs in accordance with the prevailing Standards of Practice as previously set forth, but that the
Engineer does not warrant that any reviewing agency having jurisdiction will not for its own purposes
comment, request changes and/or additions to such designs. In the event such design requests are
made by a reviewing agency, but which do not exist in the form of a written regulation, ordinance or
other similar document as published by the reviewing agency, then such design changes (at substantial
variance from the intended design developed by the Engineer), if effected and incorporated into the
project documents by the Engineer, shall be considered as Supplementary Task(s) to the Engineer's
Scope of Service and compensated for accordingly.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of this contract
fee (for services) from loss or expense, including reasonable attorney's fees for claims for personal
injury (including death) or property damage to the extent caused by the sole negligent act, error or
omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or expense,
including reasonable attorney's fees, for claims for personal injuries (including death) or property
damage arising out of the sole negligent act, error or omission of Client.
In the event of joint or concurrent negligence of Engineer and Client, each shall bear that portion of
the loss or expense that its share of the joint or concurrent negligence bears to the total negligence
(including that of third parties), which caused the personal injury or property damage.
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Engineer shall not be liable for special, incidental or consequential damages, including, but not limited
to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power,
or for any other loss of any nature, whether based on contract, tort, negligence, strict liability or
otherwise, by reasons of the services rendered under this Agreement.
11. Clninions of Probable Cost: Since Engineer has no control over the cost of labor, materials or
equipment, or over the Contractor(s) method of determining process, or over competitive bidding or
market conditions, his/her opinions of probable Project Construction Cost provided for herein are to
be made on the basis of his/her experience and qualifications and represent his/her judgment as a
design professional familiar with the construction industry, but Engineer cannot and does not
guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable
construction cost prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes
greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator
Consultant for the purpose of obtaining a second construction cost opinion independent from
Engineer.
12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and construed in
accordance with Articles previously set forth by (Item 9 of) this Agreement, together with the laws of
the State of Indiana.
Any claim, dispute or other matter in question arising out of or related to this Agreement, which cannot
be mutually resolved by the parties of this Agreement, shall be subject to mediation as a condition
precedent to arbitration (if arbitration is agreed upon by the parties of this Agreement) or the institution
of legal or equitable proceedings by either party. If such matter relates to or is the subject of alien
arising out of the Engineers services, the Engineer may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The Client and Engineer shall endeavor to resolve claims, disputes and other matters in question
between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance
with the Construction Industry Mediation Rules of the American Arbitration Association currently in
effect. Requests for mediation shall be filed in writing with the other party to this Agreement and with
the American Arbitration Association. The request may be made concurrently with the filing of a
demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or
equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date
of filing, unless stayed for a longer period by agreement of the parties or court order.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements
reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction
thereof.
13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure to the benefit
of the parties and their respective successors and assigns: provided, however, that neither party shall
assign this Agreement in whole or in part without the prior written approval of the other.
14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or the failure of
one party to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited
to the particular instance, shall not operate or be deemed to waive any future breaches of this
Agreement and shall not be construed to be a waiver of any provision, except for the particular
instance.
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15. Entire Understanding of Agreement: This Agreement represents and incorporates the entire
understanding of the parties hereto, and each party acknowledges that there are no warranties,
representations, covenants or understandings of any kind, matter or description whatsoever, made by
either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that
any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed
or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement
shall be null, void and without effect to the extent they conflict with the terms of this Agreement.
16. Amendment: This Agreement shall not be subject to amendment unless another instrument is duly
executed by duly authorized representatives of each of the parties and entitled "Amendment of
Agreement."
17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to contravene or to
be invalid under the laws of any particular state, county or jurisdiction where used, such contravention
shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular
provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations
of the parties hereto shall be construed and enforced accordingly.
18. Force Majeure: Neither Client nor Engineer shall be liable for any fault or delay caused by any
contingency beyond their control including but not limited to acts of God, wars, strikes, walkouts,
fires, natural calamities, or demands or requirements of governmental agencies.
19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor must be
approved by Client in writing.
20. Access and Permits: Client shall arrange for Engineer to enter upon public and private property and
obtain all necessary approvals and permits required from all governmental authorities having
jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries, overhead
and fee) incident to any effort by Engineer toward assisting Client in such access, permits or approvals,
if Engineer performs such services.
21. Designation of Authorized Representative: Each party (to this Agreement) shall designate one or more
persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons
designated shall review and respond promptly to all communications received from the other party.
22. Notices: Any notice or designation required to be given to either party hereto shall be in writing, and
unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively
served when deposited in the mail with sufficient first class postage affixed, and addressed to the party
to whom such notice is directed at such party's place of business or such other address as either party
shall hereafter furnish to the other party by written notice as herein provided.
23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and benefits of the
project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the
Project to both the Client and the Engineer, the risks have been allocated such that the Client agrees
that to the fullest extent permitted by law, the Engineer's total aggregate liability to the Client for any
and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses
arising out of this Agreement from any cause or causes, including attorney's fees and costs, and expert
witness fees and costs, shall not exceed the total Engineers fee for professional engineering services
rendered on this project as made part of this Agreement. Such causes included but are not limited to
the Engineer's negligence, errors, omissions, strict liability or breach of contract. It is intended that
this limitation apply to any and all liability or cause of action however alleged or arising, unless
otherwise prohibited by law.
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24. Client's Responsibilities: The Client agrees to provide full information regarding requirements for and
about the Project, including a program which shall set forth the Client's objectives, schedule,
constraints, criteria, special equipment, systems and site requirements.
The Client agrees to furnish and pay for all legal, accounting and insurance counseling services as may
be necessary at any time for the Project, including auditing services which the Client may require to
verify the Contractor's Application for Payment or to ascertain how or for what purpose the Contractor
has used the money paid by or on behalf of the Client.
The Client agrees to require the Contractor, to the fullest extent permitted by law, to indemnify, hold
harmless, and defend the Engineer, its consultants, and the employees and agents of any of them from
and against any and all claims, suits, demands, liabilities, losses, damages, and costs ("Losses"),
including but not limited to costs of defense, arising in whole or in part out of the negligence of the
Contractor, its subcontractors, the officers, employees, agents, and subcontractors of any of them, or
anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused
in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising
out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders,
designs, or specifications, and the giving of or failure to give directions by the Engineer, its consultants,
and the agents and employees of any of them, provided such giving or failure to give is the primary
cause of Loss. The Client also agrees to require the Contractor to provide to the Engineer the required
certificate of insurance.
The Client further agrees to require the Contractor to name the Engineer, its agents and consultants
as additional insureds on the Contractor's policy or policies of comprehensive or commercial general
liability insurance. Such insurance shall include products and completed operations and contractual
liability coverages, shall be primary and noncontributing with any insurance maintained by the Engineer
or its agents and consultants, and shall provide that the Engineer be given thirty days, unqualified
written notice prior to any cancellation thereof.
In the event the foregoing requirements, or any of them, are not established by the Client and met by
the Contractor, the Client agrees to indemnify and hold harmless the Engineer, its employees, agents,
and consultants from and against any and all Losses which would have been indemnified and insured
against by the Contractor, but were not.
When Contract Documents prepared under the Scope of Services of this contract require insurance(s)
to be provided, obtained and/or otherwise maintained by the Contractor, the Client agrees to be wholly
responsible for setting forth any and all such insurance requirements. Furthermore, any document
provided for Client review by the Engineer under this Contract related to such insurance(s) shall be
considered as sample insurance requirements and not the recommendation of the Engineer. Client
agrees to have their own risk management department review any and all insurance requirements for
adequacy and to determine specific types of insurance(s) required for the project. Client further agrees
that decisions concerning types and amounts of insurance are specific to the project and shall be the
product of the Client. As such, any and all insurance requirements made part of Contract Documents
prepared by the Engineer are not to be considered the Engineer's recommendation, and the Client
shall make the final decision regarding insurance requirements.
25. Information Provided by Others: The Engineer shall indicate to the Client the information needed for
rendering of the services of this Agreement. The Client shall provide to the Engineer such information
as is available to the Client and the Client's consultants and contractors, and the Engineer shall be
entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible
for the Engineer to assure the accuracy, completeness and sufficiency of such information, either
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because it is impossible to verify, or because of errors or omissions which may have occurred in
assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent
permitted by law, to indemnify and hold the Engineer and the Engineers subconsultants harmless
from any claim, liability or cost (including reasonable attorneys' fees and cost of defense) for injury or
loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other
information provided by the Client to the Engineer.
26. Payment: Client shall be invoiced once each month for work performed during the preceding period.
Client agrees to pay each invoice within thirty (30) days of its receipt. The Client further agrees to pay
interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day
period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under
applicable law, whichever is the lesser) until paid. Client further agrees to pay Engineer's cost of
collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable
attorney's fees, as well as costs attributed to suspension of services accordingly and as follows:
Collection Costs. In the event legal action is necessary to enforce the payment provisions of this
Agreement, the Engineer shall be entitled to collect from the Client any judgment or settlement
sums due, reasonable attorneys' fees, court costs and expenses incurred by the Engineer in
connection therewith and, in addition, the reasonable value of the Engineer's time and expenses
spent in connection with such collection action, computed at the Engineers prevailing fee
schedule and expense policies.
Suspension of Services. If the Client fails to make payments when due or otherwise is in breach
of this Agreement, the Engineer may suspend performance of services upon five (5) calendar
days' notice to the Client. The Engineer shall have no liability whatsoever to the Client for any
costs or damages as a result of such suspension caused by any breach of this Agreement by the
Client. Client will reimburse Engineer for all associated costs as previously set forth in (Item 4
of) this Agreement.
27. Indemnity Clause: When construction observation tasks are part of the service to be performed by
the Engineer under this Agreement, the Client will include the following clause in the construction
contract documents and the Client agrees not to modify or delete it:
Contractor (and any subcontractor into whose subcontract this clause is
incorporated) agrees and acknowledges that Engineer shall be considered a third
parry beneficiary of those contracts into which this clause has been incorporated;
and agrees to assume the entire liability for all personal injury claims suffered by
its employees, including without limitation, claims asserted by persons allegedly
injured on the Project; waives any limitation of liability defense based on the
Workers' Compensation Act, court interpretations of said Act or otherwise; and
to the fullest extent permitted by law, agrees to indemnify and hold harmless
and defend Owner and Engineer and their agents, employees, and consultants
(the "Indemnitees") from and against any such loss, expense, damage or injury,
including attorneys' fees and costs that the Indemnitees may sustain as a result
of such claims.
28. Job Site Safety/Supervision & Construction Observation: The Engineer shall neither have control over
or charge of, nor be responsible for, the construction means, methods, techniques, sequences of
procedures, or for safety precautions and programs in connection with the Work since they are solely
the Contractor's rights and responsibilities. The Client agrees that the Contractor shall supervise and
direct the work efficiently with his/her best skill and attention; and that the Contractor shall be solely
responsible for the means, methods, techniques, sequences and procedures of construction and safety
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at the job site. The Client agrees and warrants that this intent shall be carried out in the Client's contract
with the Contractor. The Client further agrees that the Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the work; and that
the Contractor shall take all necessary precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to all employees on the subject site and all other persons
who may be affected thereby. The Engineer shall have no authority to stop the work of the Contractor
or the work of any subcontractor on the project.
When construction observation services are included in the Scope of Services, the Engineer shall visit
the site at intervals appropriate to the stage of the Contractors operation, or as otherwise agreed to by
the Client and the Engineer to: 1) become generally familiar with and to keep the Client informed
about the progress and quality of the Work; 2) to strive to bring to the Client's attention defects and
deficiencies in the Work and; 3) to determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the Contract Documents.
However, the Engineer shall not be required to make exhaustive or continuous on -site inspections to
check the quality or quantity of the Work. If the Client desires more extensive project observation, the
Client shall request that such services be provided by the Engineer as Additional and Supplemental
Construction Observation Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor, subcontractor, any
entity performing any portions of the Work, or any agents or employees of any of them. The Engineer
does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's
failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes,
riles or regulations.
When municipal review services are included in the Scope of Services, the Engineer (acting on behalf
of the municipality), when acting in good faith in the discharge of its duties, shall not thereby render
itself liable personally and is, to the maximum extent permitted by law, relieved from all liability for
any damage that may accrue to persons or property by reason of any act or omission in the discharge
of its duties. Any suit brought against the Engineer which involves the acts or omissions performed by
it in the enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be
defended by the Client until final termination of the proceedings. The Engineer shall be entitled to all
defenses and municipal immunities that are, or would be, available to the Client.
29. Insurance and Indemnification: The Engineer and the Client understand and agree that the Client will
contractually require the Contractor to defend and indemnify the Engineer and/or any subconsultants
from any claims arising from the Work. The Engineer and the Client further understand and agree that
the Client will contractually require the Contractor to procure commercial general liability insurance
naming the Engineer as an additional named insured with respect to the work. The Contractor shall
provide to the Client certificates of insurance evidencing that the contractually required insurance
coverage has been procured. However, the Contractor's failure to provide the Client with the requisite
certificates of insurance shall not constitute a waiver of this provision by the Engineer.
The Client and Engineer waive all rights against each other and against the Contractor and consultants,
agents and employees of each of them for damages to the extent covered by property insurance during
construction. The Client and Engineer each shall require similar waivers from the Contractor,
consultants, agents and persons or entities awarded separate contracts administered under the Client's
own forces.
30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement, the Engineer and
Engineer's consultants shall have no responsibility for the discovery, presence, handling, removal or
disposal of or exposure of persons to hazardous materials/pollutants in any form at the Project site,
Richmond Wastewater Treatment Plant levee Restoration June 5, 2018
19.R180271.00000 Page 17
EXHIBIT 'A' - Page 17 of 25
including but not limited to mold/mildew, asbestos, asbestos products, polychlorinated biphenyl
(PCB) or other toxic/hazardous/pollutant type substances.
Furthermore, Client understands that the presence of mold/mildew and the like are results of
prolonged or repeated exposure to moisture and the lack of corrective action. Client also understands
that corrective action is an operation, maintenance and repair activity for which the Engineer is not
responsible.
February 23, 2010-INDIANA
Richmond Wastewater Treatment Plant Levee Restoration
19.R180271.00000
June 5, 2018
Page 18
EXHIBIT'A' - Page 18 of 25
N3
CHRISTOPHER & BURKE COST PROPOSAL FOR PROFESSIONAL SERVICES
ENGINEERING, LLC
PROJECT INFORMATION
Project Name: Richmond Wastewater Treatment Plant Levee Restoration Proposal Date: 5-Jun-18
Project Location: Wayne County, Indiana
Prepared for: Richmond Sanitary District
Contact: Elijah Welch
2380 Liberty Avenue
Tel: 765-983-7483 Office
Richmond, IN 47374
Fax:
Email: ewelchaa ichmondindiana.1g)
Prepared by: Christopher B. Burke Engineering, LLC
Contact: A.J. Fricke
PNC Center, Suite 1368 South
Tel: 317-266-8000
115 West Washington Street
Fax: 317-632-3306
Indianapolis, Indiana 46204
Email: africke@,cbbel-in.com
FEE SUMMARY (See following pages for Phase and Task details.)
CBBEL Labor
Subconsultant
Direct
Total
Phase
Description
Fees
Fees
Costs
Cost
1
Data Gathering
$ 23,897
S 51,230
S 373
$
75,500
2
Design
$ 45,088
$ -
$ 512
$
45,600
3
Permitting
$ 11,349
$
S 51
$
11,400
4
Bidding Assistance
$ 4,926
S
S 174
$
5,100
5
Construction -Related Services
$ 27,598
$
$ 1,802
$
29,400
6
Letter of Map Revision
$ 35,812
$ 6,700
$ 10,188
$
52,700
7
$ -
S -
S -
$
8
$
S
S
$
-
9
$
S
S
$
$
$
$
$
Project Total
$ 148,670
S 57,930
S 13,100
$
2i9,70U
Subconsultant Support Summary
Subconsultant
Direct
Percentage of
Total
Firm
Work Description
Fees
Costs
Total Fees
Cost
Beals
Levee Topographic Survey
$ 4,300.00
S
2.0" o
$
4,300.00
ATC
Geotechnical Engineering
$ 46,930.00
S
21.4%
$
46,930.00
TBD
LOMR-Related Surveys
$ 6,700.00
$
3.0° o
$
6,700.00
$
S -
$
$
S
$
$
S
$
$
S
$
$
$
$
Total Subconsultant Fees $
57,930.00
$
26.4°0
$
Included in Project Total Above
EXHIBIT'A' - Page 19 of 25
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