HomeMy Public PortalAbout076-2021 - Clark Dietz - sewer relocation design AGREEMENT
THIS AGREEMENT made and entered into this /3*day of fv/y ,2021,and referred
to as Contract No. 76-2021 by and between the City of Richmond, Indiana, a municipal
corporation acting by and through its Board of Sanitary Commissioners(referred to as the"City"),
and Clark Dietz, Inc., 8900 Keystone Crossing, Suite 475, Indianapolis, IN 46240 (hereinafter
referred to as the"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for the work described on Exhibit "A" attached hereto and
incorporated by reference herein, which is Contractor's proposal to the work described herein,
consisting of five(5)pages,with such work generally being related to the professional engineering
services related to the design of the sewer relocation for the Indiana Department of Transportation's
U.S.Highway 27 bridge replacement over North E Street in Richmond,Indiana.
Should any provisions,terms,or conditions contained in any of the documents attached hereto and
incorporated by reference herein as Exhibits, 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. Contractor shall submit statements or bills monthly_
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(s) signed by Contractor in accordance with
I.C. § 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.
SECTION III. COMPENSATION
City shall pay Contractor according to the hourly rates sets forth within Exhibit"A";however,the
total compensation under this Agreement shall not exceed the sum of Fifty-eight Thousand Two
Hundred Thirty-five Dollars and 00/100($58,235.00).
SECTION IV. TERM OF AGREEMENT •
This Agreement shall become effective when signed by all of the parties hereto.
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 thirty(30)days written notice specifying the effective
date and the reasons for termination which shall include but are 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;
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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.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part,
by mutual Agreement setting forth the reasons for such termination,the effective date, and in the
case of partial termination,the portion to be terminated.
This Agreement may also be terminated by either the City or the Contractor, without cause, by
giving at least thirty(30)days written notice to the other party.
In the event of termination of this Agreement, 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.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person
or property or any other claims which may arise from the Contractor's conduct or performance of
this Agreement, either intentionally or negligently; provided, however, that nothing contained in
this Agreement shall be construed as rendering the Contractor liable for acts of the City,its officers,
agents,or employees. Contractor shall as a prerequisite to this Agreement,purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of
or result from the Contractor's operations under this Agreement, whether such operations by the
Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts the Contractor may be held responsible.
Coverage Limits
A. Worker's Compensation& Statutory
Disability Requirements
B. Employer's Liability $100,000
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
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
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Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 aggregate
F. Malpractice/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 VII. 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 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 Board determines during the course of this Agreement
that this certification is no longer valid, Board 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 Board that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor,the Board may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the
event the Board 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 Board 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
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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:
1. That in the hiring of employees for the performance of work under this Agreement
of any subcontract hereunder,Contractor, any subcontractor,or any person acting
on behalf of Contractor or any sub-contractor, shall not discriminate by reason of
race,religion,color,sex,national origin or ancestry against any citizen of the State
of Indiana who is qualified and available to perform the work to which the
employment relates;
2. That Contractor, any sub-contractor, or any person action on behalf of Contractor
or any sub-contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race,religion,color,sex,national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money due
or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability which may arise in the course of Contractor'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.
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The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement,Contractor is estopped from bringing suit or any other action
in any alternative forum,venue,or in front of any other tribunal,court,or administrative body other
than the Circuit or Superior Courts of Wayne County, Indiana,regardless of any right Contractor
may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement,including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises,this Agreement shall be construed as if drafted jointly by the parties, and no presumption or
burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of
the provisions of this Agreement.
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" "CONTRACTOR"
The City of Ri ond,Indiana,by and through Clark Dietz,Inc.
its Board of tary Commissioners
By: A..._
6:7-1 .---
ue Mil , sident
(Printed):
az1 B,. _ - 'resi�ent Title: Sr. Vice Pres at.
/ 7 `►- Dated: 07//3/020?-/
Stiens,Member
Dated: 6 - ..t/
APPROVED:
e Snow, '
Dated: d `� /2 & t
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APPENDIX A—ENGINEER'S PROPOSAL
TO
AGREEMENT
FOR
ENGINEERING SERVICES
BETWEEN RICHMOND SANITARY DISTRICT
AND CLARK DIETZ,INC.
SANITARY SEWER RELOCATION DESIGN SERVICES
US 27 OVER NORFOLK SOUTHERN RAILROAD AND LOCAL STREETS
RICHMOND,INDIANA
A. Project Description
INDOT is planning to replace the US 27 bridge over the Norfolk Southern Railroad tracks and
local streets(from N.D Street to approximately N.F Street)in Richmond,Indiana with INDOT
providing design review/approval,bidding, and funding.The INDOT Des.No. is 1702941.
Parsons is the bridge designer for the project.
During the design of the bridge replacement project,it has been determined that portions of the
existing sanitary sewer system along the project route will need to be relocated. These sanitary
sewers are owned and operated by Richmond Sanitary District(OWNER).
The parties involved have agreed to have INDOT pay for the relocation of the sanitary sewers and
to have this work completed as part of the INDOT construction project. To segregate the cost of
the sanitary sewer relocation, separate design plans, specifications, and bid/pay items must be
developed so the cost of the RSD improvements can be allocated and tracked separately from the
other roadway improvements.
Because of Clark Dietz' role as design engineer for other road improvements and utility
relocations along the US 27 corridor through Richmond,the OWNER desires Clark Dietz to
prepare construction plans for the relocation of the affected sanitary sewers.
B. Scope
1.0 Design Services
1.1 Project Management
1.1.1 Complete Project Management activities including project initiation,
progress reporting to Client,invoicing, and general project team
coordination.
1.2 Quality Assurance/Quality Control(QA/QC)
1.2.1 Prepare QA/QC plan for project.
1.2.2 Perform independent(in-house third party)review of draft construction bid
documents for the relocated sanitary sewer.
Exhibit A
EXHIBIT'N-Page 1 of 5
1.3 Project Meetings and Meeting Minutes
1.3.1 Prepare for and conduct the following meetings:
- Initial meeting with OWNER.
- Progress meetings with OWNER and/or Parsons(assume 4 in addition to
50%and final design field check meetings).
- Field review at 50%design.
- Final design review field check.
1.3.2 Prepare meeting minutes.
1.4 Design Documents
1.4.1 50%design documents:
- Obtain CADD files and survey data from Parsons and create base sheets.
- Obtain supplemental survey data to obtain additional information.
- Prepare draft plan and profile and details drawings.
- Provide added coordination with other utilities as needed.
- Prepare preliminary opinion of probable construction cost.
- Assemble draft 50%design documents and submit to OWNER.
1.4.2 Final design documents:
- Prepare final plan and profile and details drawings.
- Prepare final opinion of probable construction cost.
- Assemble final design documents and submit to OWNER.
1.5 Peiiuit Applications
1.5.1 Prepare IDEM Sanitary Sewer Construction permit application.
2.0 INDOT Coordination of Bid Documents
2.1 INDOT Coordination of 50%Design Documents
2.1.1 Coordinate with INDOT to determine format and content for construction bid
documents for sanitary sewer relocation work,including draft pay item list
and special provisions.
2.1.2 Draft design and coordination to account for traffic control and phasing.
2.1.3 Incorporate sanitary sewer relocation plans into the draft INDOT bid
documents.
2.1.4 Incorporate INDOT and Parsons review comments.
2.2 INDOT Coordination of Final Design Documents
2.2.1 Coordinate final design document requirements with INDOT,including final
pay item list and special provisions.
2.2.2 Final design and coordination to account for traffic control and phasing.
2.2.3 Incorporate sanitary relocation plans into the final INDOT bid documents.
EXHIBIT'A'-Page 2 of 5
3.0 Construction Phase Services
3.1 Respond to questions during construction(assume 5 RFIs).
3.2 Review shop drawing submittals(assume 6 submittals and follow up re-submittals).
3.2 Attend two(2)designer site visits during the construction of the sanitary sewer to
review general conformance with the contract documents(does not include full or
part time construction inspections services).
C. Schedule
Submittal of 50%Design Documents: No later than August 31,2021
Submittal of Final Design Documents: No later than December 31,2021
(Note:Schedule for submittal of Final Design Documents assumes a minimum
of 30 calendar days for completion following receipt of written 50%Design
review comments.)
D. Assumptions/Conditions
This agreement is subject to the following assumptions/conditions:
1. This Agreement and any legal actions concerning its validity,interpretation and
performance shall be governed by the laws of the State of Indiana.
2. This agreement does not include the preparation of right-of-way or temporary
construction easement drawings,descriptions or negotiation/acquisition services.
3. This agreement does not include full or part time construction inspection or resident
project representative services unless added to the scope through an amendment to this
agreement.
4. This agreement does not include geotechnical investigations,beyond those already
obtained as part of the INDOT roadway design portion of this project.
5. Local permits for this project(street cuts,utility relocations,etc.)will be obtained as part
of the INDOT roadway design project.
6. No Federal or State permits are required for the sanitary sewer relocation portion of the
project beyond the IDEM construction permit included in Scope item 1.5.
7. OWNER will provide ENGINEER with its standard detail drawings in CADD or PDF
format and standard technical specifications in MS Word format related to the sanitary
sewer construction.
E. Compensation
Compensation to Clark Dietz for services rendered by employees working on the Project in
accordance with B. Scope of this Appendix will be at the hourly billing rates shown in the
attachment,"Schedule of General Billing Rates". The total compensation authorized by this
Agreement will not exceed$58,235.00 without prior written authorization. The Fee Estimate
spreadsheet is attached for information purposes only.
EXHIBIT'A'-Page 3 of 5
SCHEDULE OF GENERAL BILLING RATES
CLARK DIETZ,INC.
January 1,2021
TITLE HOURLY RATE
Engineer 7 215.00
Engineer 6 195.00
Engineer 5 175.00
Engineer 4 155.00
Engineer 3 140.00
Engineer 2 125.00
Engineer 1 115.00
Technician 5 150.00
Technician 4 140.00
Technician 3 120.00
Technician 2 100.00
Technician 1 90.00
Clerical 90.00
Notes:
The rates in this schedule will be reviewed and adjusted as necessary but not sooner than 12 months after the
date listed above. Rates include actual salaries or wages paid to employees of Clark Dietz plus payroll taxes,
FICA,Worker's Compensation insurance,other customary and mandatory benefits,and overhead and profit.
EXHIBIT'A'-Page 4 of 5
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