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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 Page 1 of 7 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. Page 2 of 7 • • 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: Page 3 of 7 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 Page 4 of 7 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. Page 5 of 7 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. Page 6 of 7 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. Page 1 of 4 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. Page 2 of 4 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. Page 3 of 4 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 Page 4 of 4 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. Page 1 of 1 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. Page 1 of 1 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 Page 1 of 3 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. Page 2 of 3 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. Page 3 of 3 • 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 Page 7 of 7