HomeMy Public PortalAbout193-2022 - Butler, Fairman, and Seufert - snow removal building project AGREEMENT BETWEEN
OWNER AND ENGINEER
THIS AGREEMENT is dated as of the Ea day of PeGew+ 0e1/
in the year 3Ud , by and between
Richmond Board of Aviation Commissioners
50 North Fifth Street
Richmond, IN 47374
hereinafter called the OWNER and
BUTLER, FAIRMAN and SEUFERT, INC.
8450 Westfield Boulevard, Suite 300
Indianapolis, Indiana 46240
hereinafter called the ENGINEER.
WITNESSETH
WHEREAS the OWNER requires professional engineering services in connection
with the following described project:
Snow Removal Equipment (SRE) Building Environmental Services & Design
WHEREAS, the OWNER wishes to engage the ENGINEER to provide certain
services pertaining thereto; and
WHEREAS, the ENGINEER represents that it has sufficient qualified personnel and
equipment and is capable of performing the professional engineering services described
herein; is a corporation qualified to do business in the State of Indiana; and the services
described herein will be performed under the supervision of an engineer licensed to prac-
tice in the State of Indiana.
The OWNER and the ENGINEER, in consideration of the mutual covenants hereinaf-
ter set forth, agree as follows:
SECTION I SERVICES BY ENGINEER
The services to be provided by the ENGINEER under this Agreement are set out
in Appendix "A", attached to this Agreement, and made an integral part hereof.
SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The information and services to be furnished by the OWNER are set out in
Appendix "B", attached to this Agreement, and made an integral part hereof.
SECTION III NOTICE TO PROCEED AND SCHEDULE
The ENGINEER shall begin the work to be performed under this Agreement
upon receipt of the written notice to proceed from the OWNER, and shall deliver the
Contract No. 193-2022
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work to the OWNER in accordance with the schedule contained in Appendix "C", at-
tached to this Agreement, and made an integral part hereof. The ENGINEER shall not
begin work prior to the date of the notice to proceed.
This Agreement shall be applicable to all assignments authorized by the OWNER
and accepted by the ENGINEER subsequent to the date of execution and shall be effective
as to all assignments authorized.
SECTION IV COMPENSATION
The ENGINEER shall receive payment for the work performed under this Agree-
ment as set forth in Appendix "D", attached to this Agreement, and made an integral part
hereof.
SECTION V MISCELLANEOUS PROVISIONS
Miscellaneous Provisions are set out in Appendix "E", attached to this Agree-
ment, and made an integral part hereof.
SECTION VI GENERAL PROVISIONS
1. Work Office
The ENGINEER shall perform the work under this Agreement at the following
office:
8450 Westfield Boulevard, Suite 300, Indianapolis, IN 46240
2. Employment
During the period of this Agreement, the ENGINEER shall not engage, on a full
or part time or other basis, any personnel who remain in the employ of the OWNER.
3. Subletting and Assignment
The ENGINEER and its subcontractors, if any, shall not assign, sublet, subcon-
tract, or otherwise dispose of the whole or any part of the work under this Agreement
without prior written consent of the OWNER. Consent for such assignment shall not
relieve the ENGINEER of any of its duties or responsibilities hereunder.
4. Use and Ownership
All reports, tables, figures, drawings, specifications, boring logs, field data, field
notes, laboratory test data, calculations, estimates and other documents prepared by the
ENGINEER as instruments of service, shall remain the property of the ENGINEER. The
OWNER shall be entitled to copies or reproducible sets of any of the aforesaid.
The ENGINEER will retain all pertinent records relating to the services performed
for a period of five (5) years following performance of work, during which period the records
will be made available to the OWNER at all reasonable times.
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The ENGINEER agrees that the OWNER is not required to use any plan, report,
drawing, specifications, advice, map, document or study prepared by the ENGINEER and
the ENGINEER waives all right of redress against the OWNER if the OWNER does not
utilize same. Any modification, amendment, misuse of any of the ENGINEER's work by the
OWNER or actions that disregard the ENGINEER's recommendations to the OWNER shall
release the ENGINEER from any and all liability in connection with such work modified,
amended or misused thereafter and the OWNER shall not use the ENGINEER's name
thereon without the expressed approval of the ENGINEER.
5. Compliance with State and Other Laws
The ENGINEER specifically agrees that in performance of the services herein
enumerated by ENGINEER or by a subcontractor or anyone acting in behalf of either, that
each will comply with all State, Federal, and Local Statutes, Ordinances, and Regulations.
6. Professional Responsibility
The ENGINEER will exercise reasonable skill, care, and diligence in the perfor-
mance of services and will carry out all responsibilities in accordance with customarily
accepted professional engineering practices. If the ENGINEER fails to meet the foregoing
standard, the ENGINEER will perform at its own cost, and without reimbursement from the
OWNER, the services necessary to correct errors and omissions which are caused by the
ENGINEER's failure to comply with above standard, and which are reported to the
ENGINEER within one (1) year from the completion of the ENGINEER's services for the
Project.
In addition, the ENGINEER will be responsible to the OWNER for damages caused
by its negligent conduct during ENGINEER's activities at the Project site or in the field to
the extent covered by the ENGINEER's Comprehensive General Liability and Automobile
Liability Insurance.
The ENGINEER shall not be responsible for errors, omissions or deficiencies in
the designs, drawings, specifications, reports or other services of the OWNER or other
consultants, including, without limitation, surveyors and geotechnical engineers, who
have been retained by OWNER. The ENGINEER shall have no liability for errors or
deficiencies in its designs, drawings, specifications and other services that were caused,
or contributed to, by errors or deficiencies (unless such errors, omissions or deficiencies
were known or should have been known by the ENGINEER) in the designs, drawings,
specifications and other services furnished by the OWNER, or other consultants retained
by the OWNER.
7. Status of Claims
The ENGINEER shall be responsible for keeping the OWNER currently advised as
to the status of any known claims made for damages against the ENGINEER resulting from
services performed under this Agreement. The ENGINEER shall send notice of claims
related to work under this Agreement to the OWNER.
8. Insurance
The ENGINEER shall at its own expense maintain in effect during the term of this
contract the following insurance with limits as shown or greater:
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General Liability(including automobile)- combined single limit of$1,000,000.00;
Worker's Compensation -statutory limit; and
Professional Liability for protection against claims arising out of performance of
professional services caused by negligent error, omission, or act in the amount of
$1,000,000.00.
The ENGINEER shall provide Certificates of Insurance indicating the aforesaid
coverage upon request of the OWNER.
9. Status Reports
The ENGINEER shall furnish a monthly Status Report to the OWNER by the
fifteenth (15th) of each month.
10. Changes in Work
In the event that either the OWNER or the ENGINEER determine that a major
change in scope, character or complexity of the work is needed after the work has pro-
gressed as directed by the OWNER, both parties in the exercise of their reasonable and
honest judgment shall negotiate the changes and the ENGINEER shall not commence the
additional work or the change of the scope of the work until a supplemental agreement is
executed and the ENGINEER is authorized in writing by the OWNER to proceed.
11. Delays and Extensions
The ENGINEER agrees that no charges or claim for damages shall be made by it
for any minor delays from any cause whatsoever during the progress of any portion of
the services specified in this Agreement. Any such delays shall be compensated for by
an extension of time for such period as may be determined by the OWNER, subject to
the ENGINEER's approval. However, it being understood, that the permitting of the
ENGINEER to proceed to complete any services, or any part of them after the date to
which the time of completion may have been extended, shall in no way operate as a
waiver on the part of the OWNER of any of its rights herein.
12. Abandonment
Services may be terminated by the OWNER and the ENGINEER by thirty (30) days'
notice in the event of substantial failure to perform in accordance with the terms hereof by
the other party through no fault of the terminating party. If so abandoned, the ENGINEER
shall deliver to the OWNER copies of all data, reports, drawings, specifications and esti-
mates completed or partially completed along with a summary of the progress of the work
completed within twenty (20) days of the abandonment. In the event of the failure by the
ENGINEER to make such delivery upon demand, then and in that event the ENGINEER
shall pay to the OWNER any damages sustained by reason thereof. The earned value of
the work performed shall be based upon an estimate of the portions of the total services as
have been rendered by the ENGINEER to the date of the abandonment for all services to
be paid for on a lump sum basis. The ENGINEER shall be compensated for services
properly rendered prior to the effective date of abandonment on all services to be paid on
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a cost basis or a cost plus fixed fee basis. The payment as made to the ENGINEER shall
be paid as the final payment in full settlement and release for the services hereunder.
13. Non-Discrimination
Pursuant to Indiana and Federal Law, the ENGINEER and ENGINEER's subcon-
tractors, if any, shall not discriminate against any employee or applicant for employment, to
be employed in the performance of work under this Agreement, with respect to hire, tenure,
terms, conditions or privileges of employment or any matter directly or indirectly related to
employment because of race, color, religion, sex, disability, national origin or ancestry.
Breach of this covenant may be regarded as a material breach of the Agreement.
14. Employment Eligibility Verification.
The ENGINEER affirms under the penalties of perjury that it does not knowingly
employ an unauthorized alien.
The ENGINEER shall enroll in and verify the work eligibility status of all its newly hired
employees through the E-Verify program as defined in IC 22-5-1.7-3. The ENGINEER is
not required to participate should the E-Verify program cease to exist. Additionally, the
ENGINEER is not required to participate if the ENGINEER is self-employed and does
not employ any employees.
The ENGINEER shall not knowingly employ or contract with an unauthorized alien. The
ENGINEER shall not retain an employee or contract with a person that the ENGINEER
subsequently learns is an unauthorized alien.
The ENGINEER shall require its subconsultants, who perform work under this Contract,
to certify to the ENGINEER that the subconsultant does not knowingly employ or con-
tract with an unauthorized alien and that the subconsultant has enrolled and is
participating in the E-Verify program. The ENGINEER agrees to maintain this certifica-
tion throughout the duration of the term of a contract with a sub-consultant.
The OWNER may terminate for default if the ENGINEER fails to cure a breach of this
provision no later than thirty (30) days after being notified by the OWNER.
15. No Investment in Iran.
As required by IC 5-22-16.5, the ENGINEER certifies that the ENGINEER is not en-
gaged in investment activities in Iran. Providing false certification may result in the
consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial
of future state contracts, as well as an imposition of a civil penalty.
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16. Successor and Assigns
The OWNER and the ENGINEER each binds themselves and successors,
executors, administrators and assigns to the other party of this Agreement and to the
successors, executors, administrators and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither the OWNER and the ENGINEER
shall assign, sublet or transfer their interest in the Agreement without the written consent of
the other.
17. Supplements
This Agreement may only be amended, supplemented or modified by a written
document executed in the same manner as this Agreement.
18. Governing Laws
This Agreement and all of the terms and provisions shall be interpreted and
construed according to the laws of the State of Indiana. Should any clause, paragraph,
or other part of this Agreement be held or declared to be void or illegal, for any reason,
by any court having competent jurisdiction, all other causes, paragraphs or part of this
Agreement, shall nevertheless remain in full force and effect.
This Agreement contains the entire understanding between the parties and no
modification or alteration of this Agreement shall be binding unless endorsed in writing by
the parties thereto.
This Agreement shall not be binding until executed by all parties.
19. Independent Engineer
In all matters relating to this Agreement, the ENGINEER shall act as an
independent engineer. Neither the ENGINEER nor its employees are employees of the
OWNER under the meaning or application of any Federal or State Laws or Regulations and
the ENGINEER agrees to assume all liabilities and obligations imposed in the performance
of this Agreement. The ENGINEER shall not have any authority to assume or create
obligations, expressed or implied, on behalf of the OWNER and the ENGINEER shall have
no authority to represent as agent, employee, or in any other capacity than as set forth
herein.
20. Rights and Benefits
The ENGINEER's services will be performed solely for the benefit of the OWNER
and not for the benefit of any other persons or entities.
21. Disputes
All claims or disputes of the ENGINEER and the OWNER arising out of or relating
to the Agreement, or the breach thereof, shall be first submitted to non-binding mediation.
If a claim or dispute is not resolved by mediation, the party making the claim or alleging a
dispute shall have the right to institute any legal or equitable proceedings in a court located
within the county and state where the project is located.
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APPENDIX "A"
SERVICES BY ENGINEER
Project Description:
This project will prepare scoping documents to solicit contractors for a Snow Removal
Equipment(SRE) building. The building is preliminarily estimated to be 50'x70' timber
framed with electricity and heat at an estimated construction cost of$250,000. The
building construction is intended to be funded by a FY 2024 FAA Grant. Construc-tion
observation and inspection for the SRE building will be in a forthcoming agreement.
After authorization to proceed, the ENGINEER shall:
1. Grant Administration
1.1 Prepare up to 4 FAA grant applications, 1 pre-application and 1 application
for SRE building design phase, and 1 pre-application and 1 application for the
construction phase of the project.
1.2 Hold coordination meetings with the OWNER at Pre-Design, 60% Plan
Review, and Final Plan Review.
1.3 Prepare up to 9 FAA and INDOT partial pay requests.
1.4 Prepare quarterly and annual financial reports and submit to the FAA for the
duration of the grant.
1.5 Report project status in up to 12 monthly airport Board meetings.
2. Survey for Snow Removal Equipment Building
Provide a topographic survey for the design services including the
establishment of horizontal and vertical controls that may be used for
construction staking by others, one-foot contours, of an approximate 50,000 sq.
ft. area, locate all utilities both public and airport for the design.
3. Utility Coordination
The ENGINEER shall send out and document all information and responses
received for utility coordination letters and meetings, as well as conduct all
office reviews, field inspections, and meetings necessary to coordinate utility
relocation work plans, relocation drawings, and reimbursement
documentations necessary to complete utility relocations. The Consultant
shall prepare all required utility work plans, relocation agreements, and notice
to proceeds for approval by the OWNER.
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4. Snow Removal Equipment Building Scoping Document and Contract
Documents Phase.
4.1 Prepare for incorporation in the Contract Documents scoping drawings to show
the general scope, extent and character of the work to be furnished and per-
formed by Contractor(s); hereinafter, called Scoping Drawings and Performance
Specifications. Understood to be part of the project scope are the following
general descriptions of services required for the development of no more than
one construction contract document:
Building Site Evaluation:
1. Review available building locations based on the current approved
Airport Layout Plan.
2. Evaluate setbacks, height restrictions, grading and drainage and
pavement requirements.
Building:
1. Conceptual Floor Plan
2. Conceptual Interior finishing plans
Performance Specifications:
1. List of building attributes and amenities
2. List of anticipated utilities
4.2 Furnish to the OWNER an opinion of probable Total Project Costs based on the
Scoping Drawings and Performance Specifications.
4.3 Furnish five copies of the above documents and of the Drawings and
Specifications and present and review them in person with the OWNER.
4.4 Prepare a preliminary Construction Safety and Phasing Plan per Advisory Cir-
cular 150/5370-2 "Operational Safety On Airports During Construction".
5. Airspace
5.1 Prepare and submit to the Federal Aviation Administration the Forms 7460-1,
7460-2 and documentation necessary for an airspace coordination of the
construction work.
5.2 Coordinate construction activity to determine stockpile locations, staging areas,
and haul routes in conjunctions with airfield operations.
5.3 Review with the OWNER airspace operational restrictions during construction.
6. Bidding Assistance
6.1 Prepare for review and approval by the OWNER, OWNER's legal counsel and
other advisors Contract Agreement Forms, General Conditions and
Supplementary Conditions and (where appropriate) Bid Forms, Invitations to
Bid and Instructions to Bidders and assist in the preparation of other related
documents.
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6.2 Assist the OWNER in advertising for and obtaining bids or negotiating
proposals for 1 contract for construction, materials, equipment and services;
and, where applicable, maintain a record of prospective bidders to whom
Bidding Documents have been issued, and receive and process deposits for
Bidding Documents.
6.3 Conduct Pre-Bid meeting to familiarize potential bidders with the project and
biding requirements.
6.4 Answer contractor's questions by issuing addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
6.5 Attend bid opening and assist in determining acceptability of bids prior to
reading publicly.
6.6 Reviews bids and tabulate results for OWNER and agency review.
6.7 Make a contract award recommendation to the OWNER.
7. Project Close Out
7.1 Prepare all final FAA financial reports and closeout documents for the grant.
7.2 Prepare report of final findings for the project.
8. Changes In Work
In the event that either the OWNER or the ENGINEER determine that a major
change in scope, character or complexity of the work is needed after the work has
progressed as directed by the OWNER, both parties in the exercise of their
reasonable and honest judgment shall negotiate the changes and the ENGINEER
shall not commence the additional work or the change of the scope of the work until a
supplemental agreement is executed or the ENGINEER is authorized by the OWNER
to proceed under the additional services of the agreement.
9. Additional Services
Additional Services would be services required in addition to those specifically de-
scribed above, or if the OWNER or any other local, state, or federal agency shall
direct or cause the ENGINEER to relocate or rework the project, or any part there-
of. The OWNER agrees to compensate the ENGINEER for Additional Services on
the basis of actual hours of work performed on the project at the hourly billing rates
noted in APPENDIX "D-1". The Hourly Billing Rates include overhead and fixed
fee.
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10. Specifically Excluded Items
10.1 Environmental documentation is excluded because the CATEX for the project
was approved by FAA on February 16, 2021.
10.2 Construction Administration/Inspection Services for SRE Building (Future
Agreement).
10.3 The contractor is to provide the final design for the snow removal equipment
building site. The plans and specifications developed under this agreement
are intended to be conceptual in nature for the purposes of obtaining a building
proposal.
10.4 State Design Release
10.5 Local Building Permits
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APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The OWNER shall, within a reasonable time, so as not to delay the services of the
ENGINEER:
Provide full information as to ENGINEER's requirements for the Project.
Assist the ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative thereto.
Provide to the ENGINEER aircraft operations characteristics, fleet mix, peak usage
times, transient and local operations, based aircraft, and fuel records with N-numbers to
identify the critical/design aircraft.
Review and approve critical/design aircraft selection based on OWNER supplied
aircraft operational information by ENGINEER.
Examine all studies, reports, sketches, drawings, specifications, proposals and
other documents presented by ENGINEER, obtain advice of an attorney, insurance coun-
selor, and other ENGINEERs as OWNER deems appropriate for such examination and
render,in writing decisions pertaining thereto within a reasonable time so as not to delay the
services of ENGINEER.
Give prompt written notice to the ENGINEER whenever the OWNER observes or
otherwise becomes aware of any defect in the Project.
Furnish all existing approvals or permits from all governmental authorities having
jurisdiction over the Project. The ENGINEER will assist the OWNER in identifying and
procuring any additional permits associated with this Project.
Arrange for access to and make all provisions for the ENGINEER to enter upon
public and private property as required for the ENGINEER to perform services under this
Agreement.
Obtain necessary easements and right-of-way for construction of the Project,
including easement and right-of-way descriptions, property surveys and boundary surveys.
Furnish to the ENGINEER, as requested by the ENGINEER or as required by the
Contract Documents, data prepared by or services of others, including exploration and
tests of subsurface conditions at or contiguous to the site, drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the site.
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APPENDIX "C"
SCHEDULE
1. This Agreement will become effective upon the first written notice by the OWNER
authorizing services hereafter.
2. This Agreement shall be applicable to all assignments authorized'by the OWNER and
accepted by the ENGINEER subsequent to the date of execution and shall be effective
as to all assignments authorized.
3. Performance time after authorizations to proceed with the Basic Services shall be
completed as follows:
Milestone Completion Date
1. SRE Building Survey October 2023
2. SRE Building Plan Set Development February 2024
3. SRE Building Construction Safety Phasing February 2024
4. SRE Building Airspace March 2024
5. Anticipated Bidding of Project March 2024
Schedule is subject to change due to agency review time and seasonal limitations. It is
expected that the Notice to Proceed will be issued upon receipt of FAA grant offer for FY
2023.
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1
APPENDIX "D"
COMPENSATION
A. Amount of Payment
1. For Services, under Appendix"A", the OWNER shall pay the ENGINEER for
services of the ENGINEER's principals and employees engaged directly on
the Project.
2. For the following services under Appendix "A", Section 1 Airport
Administration, Section 2 Environmental, Section 3 Snow Removal
Equipment Quote Package (Contract Documents) Phase, Section 4 Snow
Removal Equipment Procurement and Operational Phase, Section 5 Survey
for Snow Removal Equipment Building, Section 6 Snow Removal
Equipment Building Scoping Document and Contract Documents Phase,
Section 7 Special Services, and Section 8 Snow Removal Equipment
Building Bid Assistance the lump sum amounts of:
Airport Administration $11,500.00
Survey for SRE Building $ 9,250.00
Utility Coordination $ 5,000.00
SRE Building Scoping and Contract
Document Phase $29,500.00
Bidding Services $ 4,000.00
Airspace $ 2,500.00
Project Closeout $ 1,250.00
3. For Reimbursable Expenses. In addition to payments provided for in above
paragraphs 2 and 3, the OWNER shall pay the ENGINEER 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 ENGINEER, such as expenses for: ENGINEER's
independent professional associates or consultants approved by the
OWNER 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. Estimated total not to exceed compensation for reimbursable
expenses without prior written approval by the OWNER, shall be as follows
per phase of construction awarded:
For Travel $ 1,500.00
Legal Advertisement $ 400.00
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B. Additional Services
Additional Services would be services required in connection with service not
specifically described in Appendix A, or any legal action or litigation requiring the
testimony and/or services of the ENGINEER, or if the OWNER or any other local,
state, or federal agency shall direct or cause the ENGINEER to relocate or rede-
sign the project, or any part thereof. The OWNER agrees to compensate the
ENGINEER for Additional Services on the basis of actual hours of work per-
formed on the project at the hourly billing rates noted in APPENDIX "D-1". The
Hourly Billing Rates include overhead and fixed fee.
C. Method of Payment
Payment shall be made by the OWNER to the ENGINEER each month as the
work progresses.
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APPENDIX "D-1"
SCHEDULE OF COMPENSATION
BUTLER, FAIRMAN and SEUFERT, INC.
2022 HOURLY RATE SCHEDULE
Classification Hourly Rates
E-V Engineer V (Principal) $ 275.00
E-IV Engineer IV $ 210.00
E-III Engineer III $ 180.00
E-II Engineer II $ 140.00
E-I Engineer I $ 105.00
FP-V Field Personnel V— (Project Coordinator) $ 225.00
FP-IV Field Personnel IV $ 195.00
FP-III Field Personnel III $ 155.00
FP-II Field Personnel II $ 120.00
FP-I Field Personnel I $ 95.00
EA-III Engineer's Assistant III $ 185.00
EA-II Engineer's Assistant II $ 150.00
EA-I Engineer's Assistant I $ 105.00
SP-1 Support Personnel I $ 75.00
C-II Clerical II $ 125.00
C-I Clerical I $ 80.00
P-III Planner/Environmental Specialist III $ 150.00
P-II Planner/Environmental Specialist II $ 110.00
P-I Planner/Environmental Specialist I $ 95.00
The billing rates are effective January 2022 and may be adjusted annually (begin-
ning January 2023) to reflect changes in the compensation payable to the
ENGINEER.
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22. Limitation of Liability
To the maximum extent permitted by law, the OWNER agrees to limit the ENGI-
NEER's liability for the ENGINEER's damages to the sum of $1,000,000.00 limit of
Professional Liability insurance. This limitation shall apply regardless of the cause of action
or legal theory pled or asserted.
IN WITNESS WHEREOF, the OWNER and the ENGINEER have signed this Agreement in
duplicate. One counterpart each has been delivered to the OWNER and the ENGINEER.
This Agreement will be effective on Pect wtbe4-- (6, , 20 a?.
ENGINEER: OWNER:
BUTLER, FAIRMAN and SEUFERT, INC. RICHMOND BOARD OF AVIATION
COMMISSIONERS
/-1 A. 4, By:
Paul A. Shaffer, PE
Executive Vice President Attest: AA,,4 •IRee),
Date:
By:
avid M. S ayor
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