HomeMy Public PortalAbout062-2005 - Aviation exp terminal apronAGREEMENT
THIS AGREEMENT is made and entered into M
between
2005, by and
' acting by and through
its proper officials, hereinafter referred to as the LOCAL PUBLIC,C�' or LPA
AGENCY
`AIRMAN anri CAI ICCOT , and BUR
"CONSULTANT").
(hereinafter referred to as the
WITNESSETH
WHEREAS, the LPA desires to contract for construction observation for ex ansion �f the
apron
WHEREAS, the CONSULTANT has expressed a willingness to act a and
ntative to s the LPA's
specifications and documents; and
WHEREAS, the parties have agreed to that the CONSULTANT shall provide the servi
documents described herein, in relation to the following described project(s): ces and
Project: Terminal Anrnr, �.,......_:___
NOW THEREFORE, in consideration of the following mutual covenants, the parties
mutually covenant and agree as follows: p hereto
SECTION I SERVICES BY CONSULTANT
The services to be provided by the CONSULTANT under this Agreement are set
Appendix "A", attached to this Agreement, and made an integral part hereofout in
SECSECTION IIII INFOR MA TYnXT A 1. T, _-.— _ __
The information and services to be furnished by the LOCAL PUBLIC AGENCY are se
Appendix "B", attached to this Agreement, and made an integral part hereof. tout in
Contract No. 62-2005
Page 1 of 16
SECTION III NOTICE TO PROCEED AND SCHEDULE
The CONSULTANT shall begin the work to be performed under this Agreement upon receipt
the written notice to proceed from the LOCAL PUBLIC AGENCY, and shall deliver the of
LOCAL PUBLIC AGENCY in accordance with the schedule contained in Appendix work to the
Agreement, and made an integral part hereof. The Consultant shall not begin work prior to the date of
the notice to proceed.
SECTION IV COMPENSATION
The CONSULTANT shall receive payment for the work performed under this Agreement a
forth in Appendix D "s set
, attached to this Agreement, and made an integral part hereof.
SECTIONV GENERAL PROVISIONS
Work k Office
The CONSULTANT shall perform the work under this Agreement at the following offices :
The CONSULTANT shall notify the LOCAL PUBLIC AGENCY of any change in its mailin
address and/or the location(s) of the office(s) where the work is performed. g
2. Emnl_ oyment
During the period of this Agreement, the CONSULTANT shall not engage, on a full or art tim
or other basis, any LPA personnel who remain in the employ of the LOCAL PUBLIC AGENCY.p e
SECTION VI SPECIAL PROVISIONS EXHIBITS AND SCHEDULES
REQUIRED FEDERAL CLAUSES for PROFESSIONAL SERVICES CONTRACTS.
(Version 1 1/5/ o
Page 2 of 16
The CONSULTANT assures that it will comply with pertinent statutes, Executive orders
and such rules as are promulgated to assure that no person shall, on the grounds of race
color, national origin, sex, age, , cre ed,
g , or handicap be excluded from participating in any activity
conducted with or benefiting from Federal assistance. In the case of CONSULTANT
Provision binds the CONSULTANT from the bid solicitation period through the 'this
g e completion of
the contract.
2. Civil Rights Act of 1964 Title VI
1/5/90. ui,culenIs version 1
During the performance of this Contract, the CONSULTANT, for itself, its assignees
successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: es and
a• Compliance with Regulations.
The CONSULTANT shall comply with the Regulations relative to nondiscrimination in
Federally -assisted programs of the Department of Transportation (hereinafter, "DOT"
49,
Code of Federal Regulations, Part 21, as they may be amended from time)Tale t
to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a
this Contract. part of
b• Nondiscrimination.
The CONSULTANT, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color or national origin in the selection and retention
subcontractors, including of
g procurements of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discriminationro ' p h�bited
by Section 21.5 of the Regulations, including employment practices when the contract c
program set forth in Appendix "B" of the Regulations. covers a
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C. Solicitations for Subcontract, Including Procurements of Materials and Equipment.
In all solicitations either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed under a subcontract, including procurements of material
or leases of the CONSULTANT of the CONSULTANT"th
s obligations under this contract and s
e
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports.
The CONSULTANT shall provide all information and reports required by the Regulations
or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other
sources of information and its facilities as may be determined by the LPA or the Federal Aviation
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a CONSULTANT is in the exclusive possession
of
another who fails or refuses to furnish this information the CONSULTANT shall so
certify the LPA
or the Federal Aviation Administration as appropriate and shall set forth what efforts it has made to
obtain the information.
e• Sanctions for Noncompliance.
In the event of the CONSULTANT's non-compliance with the nondiscrimination
Provisions of this Contract, the LPA shall impose such contract sanctions as it or the Federal
Aviation Administration may determine to be appropriate, including, but not limited to:
1) Withholding of payments to the CONSULTANT under the Contract until the
CONSULTANT complies, and/or
2) Cancellation, termination or suspension of the Contract, in whole or in part.
f Incorporation of Provisions.
The CONSULTANT shall include the provisions of Paragraphs I through 5 in every
subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations or directives issued pursuant thereto. The CONSULTANT shall take such action with
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respect to any subcontract or procurement as the LPA or the Federal Aviation Administration ma
direct as a means of enforcing such provisions including sanctions for noncompliance: Pro y
however, that, in the event a CONSULTANT becomes involved in, or is threatenedProvided
with a subcontractor or supplier as a result of such direction, the CO with, litigation
CONSULTANT may request the
LPA and, in addition, the CONSULTANT may request the United States to enter into
litigation to protect the interests of the United States. such
3. DBE Required Statements - 49 CFR Part 23 Version 1 1/5/90
a• CONSULTANT'S Responsibilities -
The CONSULTANT shall agree to the below stated Department of Transp
ortation policy
and disadvantaged business enterprises obligation and further agrees to insert the follow'
clauses c in any subcontract. mg
b• Policy.
It is the policy of the Department of Transportation that disadvantaged business
enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate i
the performance of contracts financed in whole or in part with Federal funds p n
agreement. Consequently, the DBE requirements of 49 CFR Part 23 applies under this
pp to this agreement.
C. DBE Obligation.
The recipient or its CONSULTANT agrees to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with Federal funds provided under
agreement. this
g In this regard all recipients or CONSULTANTS shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts. Recipients and
their CONSULTANTS all not discriminate on the basis of race, color, national origin,
the award and performance of DOT -assisted contracts. or sex in
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d. Compliance:
All bidders, potential CONSULTANTS, or SUBCONSULTANTS for this DOT -assisted
contract are hereby notified that failure to carry out the DOT policy and the DBE obligation as
set forth above, shall constitute a breach of contract which may result in termination of t
contract or such other remedy as deemed appropriate by the LPA. he
4. Ins ection of Records - 49 CFR Part 18 Version 1 1/5/90
The CONSULTANT shall maintain an acceptable cost accounting system. The LPA the F
and the Comptroller General of the United States shall have access to any books, documents,�'
records of the CONSULTANT which are directly pertinent to the specific contra paper, and
contract for the purposes of
making an audit, examination, excerpts, and transcriptions. The CONSULTANT shall
required records for three years after the LPA makes final payment and all other maintain all
pending matters are closed.
5. Rights to Inventions - 49 CFR Part 18 Version 1 1 /5/90
All rights to inventions and materials generated under this contract are subject to regulations
the FAA and the LPA of the Federal grant under which this contract is executed. � ns issued by
these rights is available from the FAA and the LPA. Information regarding
6. Breach of Contract Terms Sanctions - 49 CFR Part 18 Version 1 1/5/90
Any violation or breach of the terms of this contract on the part of the CONS
SUBCONSULTANT may result in the suspension or termination of this co CONSULTANT or
which may be necessary to enforce the rights of the parties of this a contract or such other action,
greement.
7. Trade Restriction Clause - 49 CFR Part 30 Version 1 1/5/90
The CONSULTANT or SUBCONSULTANT, by submission of an offer and/or execution
contract, certifies that it: of a
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a. is not owned or controlled by one or more citizens of a foreign country included in
the list of countries that discriminate against U.S. firms published by the Office of the United
States Trade Representative (USTR);
b• has not knowingly entered into any contract or subcontract for this project with
person that is a citizen or national of a foreign country on a
said list, or is owned or controlled
directly or indirectly by one or more citizens or nationals of a foreign country on said list;
C. has not procured any product nor subcontracted for the supply of any product for use
on the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accorda
with 49 CFR 30.17, no contract shall be awarded to a CONSULTANT or SUBCONSULTANTnce
is
subcontracts for the supply
unable to certify to the above. If the CONSULTANT knowingly procures or who y
of any product or service of a foreign country on said list for use on the project, the Federal Aviation
Administration may direct through the LPA cancellation of the contract at no cost to the Government.
Further, the CONSULTANT agrees that, if awarded a contract resulting from this solicitation,
incorporate this provision for certification without modification in each contract it will
subcontracts. The CONSULTANT may rely on the certification of a r and in all lower tier
Prospective SUBCONSULTANT
unless it has knowledge that the certification is erroneous.
The CONSULTANT shall provide immediate written notice to the LPA if the CONSULTANT
learns that its certification or that of a SUBCONSULTANT was erroneous when submitted
become erroneous by reason of changed circumstances. The SUBCONSULTANT or has
agrees to provide
written notice to the CONSULTANT if at any time it learns that its certification was erroneous b
of changed circumstances. y reason
This certification is a material representation of fact upon which reliance was placed wh
making the award. If it is later determined that the CONSULTANT or SUBCONSULTANT knowingly
gly
Page 7 of 16
rendered an erroneous certification, the Federal Aviation Administration may direct through t
cancellation of the contract or subcontract for default at no cost to the Government. g he LPA
Nothing contained in the foregoing shall be construed to require establishment of a system
records in order to render, in good faith, the certification required by this provision. The y of
information of a CONSULTANT is not required to exceed that which is no knowledge and
rurally possessed by a prudent
person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States
America and the making of a false, fictitious, or fraudulent certification may render them of
prosecution under Title 18, United States Code, Section 1001. maker subject to
8• Certification Rine Debarment Sus ension Ineli ibili and Volunta Exclusion -
Part 29 (Version 1 1/5/9m 49 CFR
The CONSULTANT certifies, by submission of this proposal or acceptance of this contract that
neither it nor its principals is presently debarred, suspended, proposed for debarment, declared •
or voluntarily excluded from participation in this transaction by any Federal department ineligible,
p rtment or agency. It
further agrees by submitting this proposal that it will include this clause without modification in
tier transactions, solicitations, proposals, contracts, and subcontracts. Where the CONSULTANT
lower
ONSULTANT or any
lower tier participant is unable to certify to this statement, it shall attach an explanation
solicitation/proposal. p n to this
9. Termination of Contract - 49 CFR Part 18 Version l 1/5/90
a• The LPA may, by written notice, terminate this contract in whole or in part at any time,
either for the LPA's convenience or because of failure to fulfill the contract obligations. Upon
directs
receipt of such notice services shall be immediately discontinued (unless the notice i p
ects
Otherwise) and all materials as may have been accumulated in performing this contract, whether
completed or in progress, delivered to the LPA.
Page 8 of 16
b. If the termination is for the convenience of the LPA, an equitable adjustment in th
contract price shall be made, but no amount shall be allowed for anticipated rofitoe
p n
unperformed services.
C. If the termination is due to failure to fulfill the CONSULTANT's obligations, the LPA
may take over the work and prosecute the same to completion by contract or otherwise. In such
case, the CONSULTANT shall be liable to the LPA for any additional cost occasioned to the
LPA thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is dete
rmined
that the CONSULTANT has not so failed, the termination shall be deemed to have been effected
for the convenience of the LPA. In such event, adjustment in the contract price shall be made
provided in paragraph 2 of this clause. as
e• The rights and remedies of the LPA provided in this clause are in addition to any other
rights and remedies provided by law or under this contract.
10. FAA References
a• CFR 18.36
b. Order 5100.38A, Chapter 8
C. AC 150/5100-14C Architectural, Engineering &Planning Consultant Services For
Airport Grant Projects
d. Brooks Bill, Public Law 92-582, Oct. 27, 1972 Title IX, as amended
11. Payment Condition Precedent
Any approval for payment of compensation for work beyond the original Agreement shall be
subject to the following conditions precedent:
a• Compliance with such rules as are promulgated by the City of Richmond and City of
Richmond Board of Aviation Commissioners for supplemental or change order work.
b. Submission for approval a written supplemental agreement covering work that:
Page 9 of 16
1) Would increase the total amount of the original agreement, such work being
within the scope of the originally awarded agreement; or
2) Is not within the scope of the originally awarded agreement.
C. Certification that the supplemental agreement will not increase the original agreement b
more than 20 percent. Should the aggregate amount of altered work exceed the 20 percenty
limitation, such excess altered work shall require preparation of a new agreement for
The City of Richmond reserves the right to terminate the agreement with respect to thapproval.
p e altered
work exceeding the 20 percent limitation and make other arrangements for its completion.
d. The prior approval of the City of Richmond Common Council for appropriation of fund
Procedures, including proof of filing n s
g with the City of Richmond Controller's Office, the
Purchasing Office of the Finance Department and the Law Department.
e• The prior approval of the City of Richmond Mayor as the executive body.
f. The prior approval of the City of Richmond Board of Aviation Commissioners.
g• If determined by the City of Richmond Board of Aviation Commissioners to be an
emergency necessary for acceptable completion of the project and to be in the City of
Richmond's best interest, the City of Richmond Board of Aviation Commissioners is authorized
to make such alterations in the work within the general scope of the agreement as may increase
or decrease the originally awarded agreement, provided that the aggregate of such alterations
does not increase the total original agreement cost by more than 20 percent and sufficient funds
have been appropriated.
Page 10 of 16
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement.
CONSULTANT
BUTLER, FA N and SEUFERT, INC.
ignatur
Stephen F. Weintraut, P.E.
Executive Vice President
(Print or type name and title)
ATTEST:
- R'-dq A a O
Signature 40,
Bradley D. Watson P.E. Vice President
(Print or type name and title)
LOCAL PUBLIC AGENCY
BOARD OF AVIATION COMMISSIONERS,
CITY OF RIIIMON LA
r Y
illiam Smith, resident
T
Mike Nocton, Secretary
CITY OF RICHMOND MAY R'S OFFICE
The Honorable Sally utton, Mayor
CITY OF RICHMOND COMMON COUNCIL
Filed with:
Controller's Office
Purchasing Office
Law Office
Page 11 of 16
ACKNOWLEDGMENT
STATE OF INDIANA ), COUNTY OF WAYNE
)SS:
Before Me, The Undersigned Notary Public In And For Said County Personally Appeared
and each acknowledged the execution of the foregoing contract on this �G% day of
2005, and each acknowledged and stated
that he/she is the party authorized by the said agency to execute
the foregoing contract
My Commission Expires
/ 2'I-U—)
County of Residence
aary 4Publie
Print or type name
ACKNOWLEDGMENT
STATE OF INDIANA ), COUNTY OF MARION
)SS:
Before me, the undersigned Notary Public in an for said County personally appeared
.Stephen F. Weintraut Executive Vice Preside
(name of signers, their official capacity and agency name)
and each acknowledged the execution of the foregoing contract on this 31 s t _ day of March
2005, and each acknowledged and stated that he/she is the a ' p rty authorized by the said agency to execute
the foregoing contract.
My Commission Expires
May 19, 2009
Hamilton County
County of Residence
Not ary Public
Marilyn L. Irish
Print or type name
Page 11 of 16
CERTIFICATE OF CONSULTANT
I hereby certify that I am the Executive Vice President and duly authorized representative of the
firm of Butler __j r _
Indianapolis Indiana 46240, and that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me
or the above consultant) to solicit or secure this Agreement,
(b) agreed, as an express or implied condition for obtaining this Agreement, to employ
retain the services of any firm or person in connection with carrying out the Agreement, orr
(c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above consultant) any fee, contributions, donation, or
consideration of any kind for, or in connection with, procuring or carrying out the
Agreement.
Except as herein expressly stated (if any):
I further certify that no employee, officer or agent or partner or any member of their immediate
families of this firm is employed or retained either full or part-time, in any manner b the
Department of Transportation; except as herein expressly stated ( if any): y Indiana
-
I acknowledge that this certificate may be furnished to the Indiana Department of Transportation
and/or the Federal Aviation Administration - Department of Transportation in connection with
Agreement involving participation of Federal funds, and is subject to applicable State and Federal Laws,
both criminal and civil.
3 Y 3 , ,s
(Date)
(Signature)
Stephen F. Weintraut, P.E.
Page 12 of 16
CERTIFICATE OF LOCAL PUBLIC AGENCY
(1) (We) hereby certify that ) (we are) the Board of Aviation Commissioners
City of Richmond (LPA), and the above Consultant or its representative has not ) of the
been required, directly or
indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement
Bement
to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, any firm
or consideration of anyy kind. , person, or organization, any fee, contribution, donation
Except as herein expressly stated (if any):
(4) (We) further certify that no employee, officer, agent, or partner, or any member of their
immediate families of the Consultant is employed or retained either in a full-time or art -time
any manner by the LPA except as herein expressly stated (if any): p basis in
O (We) acknowledge that this certificate may be furnished to the Federal Aviation
Administration and the Indiana Department of Transportation in connection with this Agreement
involving participation of the Federal funds, and is subject to applicable state and Federalement
laws, both
criminal and civil.
ate)
The Honorable
Hutton, Mayor
Page 13 of 16
NON -COLLUSION AFFIDAVIT
STATE OF INDIANA
SS:
COUNTY OF MARION
The undersigned, being duly sworn on oath, says that he/she is the contracting
he/she is the representative, agent member, or officer of the contracting party, that he/she has not, nor has
any other member, employee, representative, agent, or officer of the firm, company,party, do that
partnership represented by him/her, directly or indirectly, entered into or offered to enter into
any
combination, collusion or contract to receive or a corporation or
money or other consideration for the execution of the annexed Agreement other than thatawh che has not received or p, sum of
upon the face of the Agreement. appears
4igpnaVtu__j�_
Stephen F. Weintraut P.E.
Printed Name
Executive Vice President
Title
Butler Fairman and Seufert Inc.
Company
Before me, a Notary Public in and for said County and State personally appeared
Stephen Fa Weintraut
who acknowledged the truth of the statements in the
foregoing affidavit on this 31st day of March
2005.
My Commission Expires
May 19, 2009
Notary Public
Hamilton County
County of Residence Marilyn L L. Irish
Print or type name
Page 14 of 16
DEBARMENT CERTIFICATION
This certification applies to the CONSULTANT or any person associated therewith in the
capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any
Position involving the administration of Federal funds.
Instructions for Certification
1. By signing and submitting this Agreement, the prospective primary participant is providing
the certification set out below.
2. The inability of a person to provide the certification required below will not necessarily
g
result in denial of participation in this covered transaction. The prospective participant shall submit
explanation of why it cannot provide the certification set out below. The certification or aran
be considered in connection with the department or agency's determination whether to enter in an
explanation will
transaction. However, failure of the prospective Primaryto this
explanation shall disqualify such person from participation in �transact on. furnish a certification or an
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition
other remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default. ton to
4. The prospective primary participant shall provide immediate written notice to the department
or agency to which this Agreement is submitted if at any time the prospective primary participant learns
that its certification was erroneous when submitted or has become erroneous by reason of cha
circumstances.
nged
5. The terms "covered transaction," "
transaction " " debarred," "suspended," "ineligible,"
participant," "person," "primarylower tier covered
it
It excluded," as used in this clause, the covemeanings red sset lout 'in the Definitions principal," "proposal v and
sections of the rules implementing Executive Order 12549. You may contact the department or agency bons and Coverage
which this Agreement is being submitted for assistance in obtaininga co g y to
6. The prospective rim copy of those regulations.
primary participant agrees by submitting this Agreement that should the
Proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction unless authorized by the department or agency entering g into this
7. The prospective primary participant further agrees by submitting this Agreement that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and V
Exclusion -Lower Tier Covered Transaction," provided by the department or agency enteringinto
covered transaction without modification in all lower tier covered transactions Voluntary
lower tier covered transactions. this
ns and in all solicitations for
8. A participant in a covered transaction may relay upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily
excluded from the covered transaction unless it knows that the certification is erroroneous. A participant
may decide the method and frequency by which it determined the eligibilty of its principals. Each
participant may, but is not required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings. g
Page 15 of 16
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction i p
to other remedies available to the Federal Government, the department or agency may terminate this
transaction for cause or default. n addition
TransTrans-- actions
(1) The prospective primary participant certifies to the best if its knowledge and belief, that it
and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible
or voluntarily excluded from covered transactions by any Federal department or agency.
(b) Have not within a three-year period preceding this Agreement been convicted of or
had a civil judgement rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State or local
transaction or contract under a public transaction; violation of Federal or State antitrust statutes
or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statement, or receiving stolen property.
(c) Are not presently indicated for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses enumerated
in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this Agreement had one or more
public transactions (Federal, State or local) terminated for cause or default.
(2) here the prospective primary participant is unable to certify to any of the statements in this
certif o ch pros tive participa t shall attach an explanation to this proposal.
(Sign ture) Executive Vice President
Stephen F. Weintraut P.E.
(Printed or Typed)
Butler Fairman and Seufert Inc.
(Company)
(Title)
Before me, a Notary Public in and for said County and State personally appeared
Stephen F. Weintraut
who swore to and acknowledged the truth of the statements in the foregoing
Certification on this 31 s t day of _ Marc
My Commission Expires
May 19, 2009
Hamilton County
County of Residence
2005.
Notary Public
Marilyn L. Irish
Print or type name
Page 16 of 16
APPENDIX "A"
RICHMOND MUNICIPAL AIRPORT
TERMINAL APRON EXPANSION PHASE 2
SERVICES TO BE PROVIDED BY THE CONSULTANT UNDER THIS AGREEMENT
This is an Appendix attached to, made a part of and incorporated by reference with the
Agreement made on
BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMANtween TandOSEUFE FiMOND
(CONSULTANT
providing for professional engineering services.
1 • BASIC SERVICES OF THE CONSULTANT
1.1 General.
1.1.1 Perform professional engineering services in phases of the
Project to which this Agreement applies as hereinafter
Provided.
1.2 Construction Phase.
After written authorization to proceed with the Construction Phase, the CONSULTANT
shall:
1.2.1
Prepare FAA and State vouchers for
payment of grant funds.
1.2.2
Observe the work of the Contractor b y periodic at
intervals considered necessary
by the CONSULTANTIsits during
the active construction period;
attend consultations or
conferences when requested by the LPA. The number of site
visits
or conferences outside the CONSULTANT's office
exceeding ten (10) shall
be covered under Additional
Services. Such visits and consultations
are separate from
and do not include continuous or resident observation
services.
1.2.3
Assist in interpretation of the plans and specifications and
review shop drawings
and working drawings submitted by the
Contractor(s).
1.2.4
Review and evaluate Contractor als f or
changes and make
recommendations to the LPA asract to
acceptance or rejection.
1.2.5
Assist the LPA in verifying that the project is
completion. acceptable upon
Page 1 of 3
1.2.6 The CONSULTANT shall have no responsibility for
supervising, directing or controlling the work of contractors or
other Consultants retained by the LPA, nor shall the
CONSULTANT have authority over, or responsibility for, the
means, methods, techniques, sequences or procedures of
construction (except those required by the contract plans,
specifications, special provisions, etc., prepared by the
CONSULTANT) selected by Contractors. The CONSULTANT
shall have no responsibility for the safety of persons on or off
the job site, and whether or not engaged in the work, for
safety precautions and programs incident to the work of
contractors, or for any failure of contractors or others to
exercise care of the safety of an
uding
employees of contractors, or to comply person,
laws, rules,
regulations, ordinances, codes or orders applicable to
contractors' performance of the work.
1.2.7 Provide a resident project representative at the site whose
services and responsibilities shall be in accordance with
Appendix "E" "A Listing Of The Duties, Responsibilities And
Limitations Of Authority Of The Resident Project
Representative". In addition to the duties outlined in Exhibit
E, the RPR shall conduct the following duties:
1.2.7.1 The Update the Airport Layout Plan (ALP) to reflect
the as built conditions of the project.
1.2.7.2 Prepare Closeout Documents. A final inspection
will be conducted by the RPR with representatives
of contractor, LPA, the design engineer, FAA and
State of Indiana Department of Transportation
Aeronautics Section invited to attend. All punch list
items will be documented and delivered in writing to
the contractor for correction. A substantial
completion date will be determined and all close-
out documents for physically and financially
completing the project will be processed. A final
construction management program report will be
Prepared and presented to the FAA and Indiana
Aeronautics Section.
1.2.7.3 Conduct Warranty Inspection just before the term
of the Performance and Payment Bonds. Any
Punch list items requiring the contractor to correct
will be delivered in writing with a time line for
correction included to the contractor. The RPR will
follow-up to assure all corrections are made.
Page 2 of 3
1.2.7.4 Prepare record drawings from the contractor
supplied red -lined drawings. These record
drawings will be delivered to the airport board in
print and on computer disks. Two sets of drawings
on microfiche will be delivered to the Indiana
Aeronautics Section.
2. CHANGES IN WORK
2.1 In the event that either the LPA or the CONSULTANT determine that a major
change in scope, character or complexity of the work is needed after the
work has progressed as directed by the LPA, both parties in the exercise of
their reasonable and honest judgment shall negotiate the changes and the
CONSULTANT shall not commence the additional work or the change of the
scope of the work until a supplemental agreement is executed and the
CONSULTANT is authorized in writing by the LPA to proceed.
Page 3 of 3
APPENDIX "B"
RICHMOND MUNICIPAL AIRPORT
TERMINAL APRON EXPANSION PHASE 2
INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA
This is an Appendix attached to, made a part of and incorporated by reference with the
Agreement made on
BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and OSEUFER MOND
(CONSULTANT) providing for professional engineering services. INC.,
1 The LPA shall, within a reasonable time, so as not to delay the services s of the
1.1. Provide full information as to CONSULTANT's requirements for the Project.
1.2. Assist the CONSULTANT b
available information pertinent to the'assi anmenOtNSUud CONSULTANT's disposal all
and any other data relative thereto. g g previous reports
1.3. Guarantee access to and make all provisions for the CONSULTANT to
perform CONSULTANT's services under this Agreement.
1.4. Give prompt written notice to the CONSULTANT whenever the LPA
observes or otherwise becomes aware of any defect in the Project.
1.5. Furnish all existing approvals or permits from all governmental authorities
having jurisdiction over the Project. The CONSULTANT will assist the LPA
in identifying and procuring any additional permits associated with this
Project.
1.6. Arrange for access to and make all provisions for the CONSULTANT to enter
upon public and private property as required for the CONSULTANT to
perform services under this Agreement.
1.7• Obtain necessary easements and right-of-way for construction of the Project
including easement and right-of-way descriptions, property surveys and
boundary surveys.
1.8. Furnish to the CONSULTANT, as requested by the CONSULTANT or as
required by the Contract Documents, data prepared by or services of others,
including exploration and tests of subsurface conditions at or contiguous to
the site, drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the site.
Page 1 of 1
APPENDIX "C"
RICHMOND MUNICIPAL AIRPORT
TERMINAL APRON EXPANSION PHASE 2
SCHEDULE OF SERVICES TO BE FURNISHED BY THE CONSULTANT
This is an Appendix attached to, made a part of and incorporated by reference with the
Agreement made on
2005 BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and tweenOSEUFERTMOND
(CONSULTANT) providing for professional engineering services. INC.
1 . This Agreement will become effective upon the first written notice by the LPA authorizing
services hereafter. g
2. This Agreement shall be applicable to all assignments authorized by the LPA
and
accepted by the CONSULTANT subsequent to the date of execution and shall be effective
as to all assignments authorized.
3. Work shall be started within seven (7) days of authorization and prosecuted expeditiously
4. Performance time after written authorizations to proceed with each hase o p sly
Services shall be completed as follows: p f the Basic
a. For Construction Phase dependent upon construction schedule, which is estimated
to be 45 calendar days,
1) General observation a maximum of 1 site visit every other week while
the Contractor is on site will be budgeted from the time of authorization.
2) RPR will be on site only while the Contractor is on site. Therefore, only a
maximum of 30 calendar days will be budgeted from the time of
authorization.
Page 1 of 1
APPENDIX "D"
RICHMOND MUNICIPAL AIRPORT
TERMINAL APRON EXPANSION PHASE 2
SCHEDULE OF BILLING BY THE CONSULTANT
This is an Appendix attached to, made a part of and incorporated by reference with the
Agreement made on
BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIR andOSEUFERTMOND
(CONSULTANT) providing for professional engineering services. INC.
Methods of Payment for Services and Expenses of the CONSULTANT:
1.1. For Construction Phase Basic Services.
The the
CONSULTANT for Construction Phase Basic LPA Servicesll ofy
s the
CONSULTANT's principals and employees engaged directly on the Project
and rendered under Appendix "A" Paragraph 1.2.
follows: "Construction Phase" as
1.1.1. For Construction Phase Basic Services paragraph 1.2.1,
the lump sum amount of $3,000.00.
1.1.2. For Construction Phase Basic Services paragraph 1.2.2
through 1.2.6, the lump sum amount of $ 500.00.
1.1.3. For Construction Phase Basic Services paragraph 1.2.7,
at the direct salary and wages of each employee, increased
by the current overhead rate, plus a fixed fee calculated at
15.0 percent of the combined direct salary and overhead.
Total compensation for services rendered without prior written
approval by the OWNER, shall not exceed $12,000.00. A
revised overhead rate will be used when one is issued
1.1.4. The CONSULTANT shall submit a monthly Progress Report
to the LPA. The report shall consist of a progress chart with
the initial schedule on, which shall be superimposed, the
current status of the work. The CONSULTANT shall submit
monthly statements for services rendered. The LPA shall
make prompt monthly payment in response to the
CONSULTANT's monthly statements.
1.2. For Additional Services. The LPA shall
pay the LTANT
Additional Services rendered under Appendix "A" Pa ag aphN2 UCha "Changes nr
Work" as follows:
1.2.1. For Additional Services of the CONSULTANT's principals
and employees engaged directly on the Project, at the direct
Page 1 of 2
salary and wages of each employee, increased by the current
state -certified overhead rate, plus a 15.0 percent fixed fee. A
revised overhead rate will be used when one is issued.
1.2.2. In the event the project duration varies by more than 20
percent from the originally estimated project duration, the
CONSULTANT and the LPA may negotiate a mutually agreed
upon fee adjustment.
1.3. For Reimbursable Expenses. In addition to payments
provided for in
Paragraphs 1.1.1, 1.1.2, and 1.1.3; the LPA shall pay the CONSULTANT the
actual costs of all Reimbursable Expenses incurred in connection with all
Basic and Additional Services. Reimbursable Expenses mean the actual
expenses incurred by the CONSULTANT, such as expenses for:
CONSULTANT's independent professional associates or consultants
approved by the LPA directly in connection with the Project; transportation
and subsistence incidental thereto; subsistence and transportation of
Resident Project Representatives and their assistants; reproduction of
reports, Drawings, Specifications, Bidding Documents and similar Project -
related items in addition to those required under Appendix "A" Paragraph 1;
and, if authorized in advance by the LPA, overtime work requiring higher
than regular rates. Estimated total not exceed compensation for
reimbursable expenses without prior written approval by the LPA, shall be as
follows:
1.3.1. For Travel
1.1.3.1.1. Construction Phase
$ 200.00
Page 2 of 2
APPENDIX "E"
RICHMOND MUNICIPAL AIRPORT
TERMINAL APRON EXPANSION PHASE 2
A LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
This is an Appendix attached to, made a part of and incorporated by reference with the
Agreement made on
BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and tween CITY OSEUF RTMOND
(CONSULTANT) providing for professional engineering services. INC.
CONSULTANT shall furnish, if authorized in writing by the LPA, a Resident Project
Representative (RPR) to assist CONSULTANT in observing performance of the work k of
Through more extensive on -site observations of the work in progress and field checks of
materials and equipment by the RPR, CONSULTANT shall endeavor to provide further protection
for LPA against defects and deficiencies in the Work of Contractor; but, the furnishingof
services will not make CONSULTANT responsible for or give CONSULTANT control over
construction means, methods, techniques, sequences or procedures or for safety such
Programs, or responsibility for Contractor's failure to perform the Work in accordance with
Contract Documents and in particular the specific limitations set f precautions or
Agreement are applicable. forth in Paragraph 2.4 of the
The duties and responsibilities of the RPR are limited to those of CONSULTANT in
CONSULTANT's agreement with the LPA and in the construction Contract Documents an
further limited and described as follows: dare
A. GENERAL
B.
RPR is CONSULTANT's agent at the site, will act as directed by and under the
supervision of CONSULTANT, and will confer with CONSULTANT regarding
RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in
general be with CONSULTANT and Contractor keeping LPA advised as
necessary. RPR's dealings with subcontractors shall only be through or with the
full knowledge and approval of Contractor. RPR shall generally communicate with
LPA with the knowledge of and under the direction of CONSULTANT.
DUTIES AND RESPONSIBILITIES OF RPR
Schedules: Review the progress schedule, schedule of Shop drawing submittals
and schedule of values prepared by Contractor and consult with CONSULTANT
concerning acceptability.
Page 1 of 5
2. Conferences and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences and other
Project -related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as CONSULTANT's liaison with Contractor, working principally
through Contractor's superintendent and assist in understanding the intent
of the Contract Documents; and assist CONSULTANT in serving as LPA's
liaison with Contractor when Contractor's operations affect LPA's on -site
operations.
b. Assist in obtaining from LPA additional details or information, when
required for proper execution of the work.
4. Shop Drawings and Samples:
a• Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by Contractor, and notify
CONSULTANT of availability of samples for examination.
C. Advise CONSULTANT and Contractor of the commencement of any work
requiring Shop Drawing or sample if the submittal has not been approved
by CONSULTANT.
5. Review of Work, Rejection of Defective Work Inspections and Tests:
a. Conduct on -site observations of the work in progress to assist
CONSULTANT in determining if the Work is in general proceeding in
accordance with the Contract Documents.
b. Report to CONSULTANT whenever RPR believes that any Work is
unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or has been damaged, or does not meet the requirements of
any inspection, test or approval required to be made; and advise
CONSULTANT of Work that RPR believes should be corrected or rejected
or should be uncovered for observations, or requires special testing,
inspection or approval.
C. Verify that tests, equipment and systems start-ups and operating and
maintenance training are conducted in the presence of appropriate
personnel, and the Contractor maintains adequate records thereof; and
observe, record and report to CONSULTANT appropriate details relative to
the tests procedures and start-ups.
d. Accompany visiting inspectors representing
Public
agencies
jurisdiction over the Project, record the results of these other
inspectionshave
and
report to CONSULTANT.
Page 2 of 5
6. Interpretation of Contract Documents: Report to CONSULTANT when
clarifications and interpretations of the Contract Documents are needed and
transmit to Contractor clarifications and interpretations as issued by
CONSULTANT.
7. Modifications: Consider and evaluate Contractor's suggestions for modifications
in Drawings or Specifications and report with RPR's recommendations to
CONSULTANT. Transmit to Contractor decisions as issued by CONSULTANT.
8• Records:
a. Maintain at the job site orderly files for correspondence,
conferences, Shop Drawings reports of job
and samples, reproductions or original
Contract Documents including all Work Directive Changes, Addenda,
Change Orders, Field Orders, additional Drawings issued subsequent to
the execution of the Contract, CONSULTANT's clarifications and
interpretations of the Contract Documents, progress reports, and other
Project related documents.
b. Keep a diary or log book, recording Contractor hours on the job site,
weather conditions, data relative to questions of Work Directive Changes,
Change Orders or changed conditions, list of job site visitors, daily
activities, decisions, observations in general, and specific observations in
more detail as in the case of observing test procedures; and send copies to
CONSULTANT.
C. Record names, addresses and telephone numbers of all Contractors,
subcontractors and major supplier of materials and equipment.
9• Reports:
a. Furnish CONSULTANT periodic reports as required of progress of the
Work and of Contractor's compliance with the progress schedule and
schedule of Shop Drawings and sample submittals.
b. Consult with CONSULTANT in advance of scheduled major tests,
inspections or start of important phases of the Work.
C. Draft proposed Change Orders and Work Directive Changes obtaining
backup material from Contractor and recommend to CONSULTANT
Change orders, Work Directive Changes, Field Orders.
d• Report immediately to CONSULTANT and LPA upon the occurrence of
any accident.
10. Payment Requests:
'- a. Review applications for payment with Contractor for compliance with the
established procedure for their submission and forward with
recommendations to CONSULTANT, noting particularly the relationships of
Page 3 of 5
the payment requested to the schedule of values, Work completed and
materials and equipment delivered at the site but not incorporated in the
Work.
b. Prepare applications for reimbursements of project costs covered by grant
agreements to the appropriate federal and state agencies.
11. Certificates, Maintenance and Operations Manuals: During the course of the
Work, verify that certificates, maintenance and operations manuals and other data
required to be assembled and furnished by Contractor are applicable to the items
actually installed and in accordance with the Contract Documents, and have this
material delivered to CONSULTANT for review and forwarding to LPA prior to final
payment for the Work.
12. Completion:
a• Before CONSULTANT issues a Certificate of Substantial
Completion, submit to Contractor a list of observed items
requiring completion or correction.
b. Conduct final inspection in the company of CONSULTANT,
LPA and Contractor and prepare a final list of items to be
completed or corrected.
C. Observe that all items on final list have been completed or
corrected and make recommendations to CONSULTANT
concerning acceptance.
C. LIMITATIONS OF AUTHORITY
Resident Project Representative:
1 Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment, unless authorized by CONSULTANT.
2. Shall not exceed limitations of CONSULTANT's authority as set forth in the
Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of Contractor, subcontractor or
Contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect
of the means, methods, techniques, sequences or procedures of construction
unless such advice or directions are specifically required by the Contract
Documents.
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connections with the Work.
Page 4 of 5
6. Shall not accept the Shop Drawings or sample submittals from anyone other than
Contractor.
7. Shall not authorize LPA to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections conducted
by others except as specifically authorized by CONSULTANT.
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