HomeMy Public PortalAbout112-2012 - Grw Engineers- south 16 lift stationPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 20 � day of 1411 tru -S T , 2012 and
referred to as Contract No. 112-2012, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter
referred to as the "City") and GRW Engineers, Inc., 7112 Waldemar Drive, Indianapolis, Indiana
46268 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide professional engineering services associated with the
design, bidding, and construction phases for City's South 16"' Street Lift Station Upgrades
Project.
Contractor's Proposal is attached hereto as Exhibit "A," which Exhibit is dated August 20, 2012,
consists of five (5) pages, and is hereby incorporated by reference and made a part of this
Agreement. Contractor shall perfonn the work and provide the services described in Exhibit "A."
Should any provisions, teens, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
Contractor shall perform all work herein in a timely manner, conforming to all applicable
professional standards.
The Contractor shall furnish all labor, material, equipment and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22.5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION H. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
City shall pay Contractor hourly rates, reimbursable expenses, and lump sure fees as set forth in
Exhibit "A," in a total amount not to exceed Forty -One Thousand Five Hundred Seventy Dollars
and Zero Cents ($41,570.00) for the complete and satisfactory perfonnance of the work required
hereunder.
Contract No. 112-12
Page I of 5
SECTION W. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until the completion of the project.
Notwithstanding the tenn of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a, failure, for any reason, of the Contractor to fulfill in a .timely manner and/or competent
manner its obligations under this Agreement,
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make prorated payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part,
by mutual Agreement setting forth the reasons for such termination, the effective date, and in the
case of partial termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability
Page 2 of 5
$100,000
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each pei son
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VH. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit afFin-ning that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will rernain liable to the City for actual
damages.
Page 3 of 5
SECTION VIII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub -contractor, shall not
discriminate by reason of race, religion, color, sex, national origin or ancestry
against any citizen of the State of Indiana who is qualified and available to
perform the work to which the employment relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION IX. RELEASE OF LIABUTY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability which may arise in the course of Contractor's performance of
its obligations pursuant to this Agreement.
SECTION X. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
Page 4 of 5
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the connmencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or ux other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
By: _
Richard Bodiker, President
Date: 9 I/- / A
APPROVE . 4,4 64&
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
GRW ENGINEERS, 1NC.
By:
Printed name{ 06711 id k, (_ v l s llaa )
Title: 1d i G2- r f e s rc1e4-i J
Date: 9- 57— / Z-
Page 5 of 5
7112 Waldemar Drive
Engineering
Arlington, TX
Indianapolis, IN 46268
Architecture
Cincinnati, OH
Tel 311 / 347-3650
Planning
Coluanbus, 4H
Fax 3171347-3656
GIs
Knoxville, TN
Ariation Consultants
Lmington, ICY
GRW Fsagiueeas, luc.
r
Louisville, KY
Nashville, TN
August 20, 2012
Mr. Elijah Welch, P.E.
District Engineer
Richmond Sanitary District
2380 Liberty Avenue
Richmond, IN 47374
Re: Richmond Sanitary District
South 164 Street Lift Station Upgrades
Proposal for Engineering Services
Dear Mx. Welch:
GRW Engineers, Inc. (GRW) is pleased to present this proposal for eag Deering services associated with
the design, bidding, and construction phase services for the South 166 Street Lift Station Upgrades
Project.
Based on our 8/14/12 visit to the lift station site, discussions with you regarding project scope, and review
of the preliminary information received to elate, GRW proposes the following scope, schedule, and fees,
for this project;
Scope of Work
Pmliminary En ineerin Evaluation
I. Perform records review including existing drawings, specifications, planning reports, nameplate
information, operating records, operator interviews, historical O&M records, etc.;
2. Review property boundary information and sewer line easement records;
3. Establish peak design flow conditions by determining existing/future wastewater flows for the
service area;
4. Coordinate with District staff to perform wetwell drawdown tests of existing lift station, pressure
gauge tap readings of existing force train (if available), and interior forcemain television (for
material and size determination);
5, Perform interior %vtwell dimension measurements as necessary;
6. Develop and evaluate feasible lift station design and force main size, location and routing
alternatives; including re -use of existing wetwell;
7. Conduct on -site inspection of existing facilities and routing;
8. Perform preliminary lift station hydraulic calculations for Taft station design, pump selection, and
force main sizing in accordance with Ten State ,Standards;
9. Develop preliminary cost estimates for District review and comment.
DesiEn Phase
1, Perform geotechnical/subsurface investigations and recommendations at lift station site and/or
along forcemain routing;
2. Coordinate all utility 'crossings and conflicts of the proposed project with the various affected
utilities,
EXHIBIT (_ PAGE _J OF -�
Rictrrnond Sanitary District
South 104 Street Lift Station Upgrades
8/20/12
3. Perform civil/site, sanitary/process, mechanical, structural, electrical, and instrumentation/control
design, including replacement of wetwell structure if deemed necessary by District;
4. Submit preliminary (50-7590 design) set of engineering drawing And specifications for District
review and comment. Hold review meeting of design plants and specifications with the District;
5. Prepare and submit IDEM sanitary sewer construction permit application (Note: IDNR
construction in a floodway permit and IDEM Rule S erosion control permi are not anticipated for
this project and leave not been included in GRW :s scope of work; local pennits by Contractor);
G. Prepare engineer's final cost estimate for District evaluation;
7. Submit final set of engineering drawings & specifications in accordance with District standards
Nate: GRW has assumed that this project is bid as one construction package).
Note: The following itents are not included in GRW's Design scope of work:
a Laud and Easement Services
SCADAITelemetry design
Permit application fees, if applicable
Bidding Services
1. Coordinate with District for bid advertisement in local newspaper;
2. ,Answer all questions from bidders regarding bid documents and provide written addenda
accordingly;
3. Attend pre -bid meeting at District office and distribute meeting minutes to al l attendees;
4. Assist the District staff in bid evaluation and preparation of certified bid tabulation;
5. Provide written bid recommendation to District staff.
Note. District to package all drawings, specifications, and front ends for bid advertisetneat �ftartding
to be through District capital funds and not through state or federal loart/grarrt programs); print and
distribute all bid docwnents to prospective bidders; and maintain and distribute updated planholder's
list.
Construction Management Services
1. Provide general construction administration assistance including answering questions from
District and/or Contractor throughout construction;
2. Review and distribute all shop drawings, samples, and product submittals for conformance with
contract documents (a total of 40 shop drawings has been assumed);
3. Perform substantial completion site visit and distribute punchlist to District.
Note: GRW has assurr:ed that the constractiort project will be 150 days in duration to substantial
completion and 30 days beyond substantial completion forfrnal acceptance, weather dependent.
Construction Management Service tasks not included in GR W's scope of work:
E Review, compile, and distribute contract documents between District .and Contractor btcluding
Perforrttance and Payment Bonds, Notice of Award, Notice to Proceed, Agreements, Certificates
of Insurance, etc.;
Attend pre -construction conference arDistrict's office and distribute meeting minutes;
Attend progress meetings at job site with Contractor and. District including distribution of
meeting ntuzxYes;
a Review equipment O&M manuals) for coti onnance with contractdocunrerzis;
EXHIBIT -A- PAGE -!-OF :5:_
Richmond Sanitary District
South 16" Street Lift Siation Upgrades
8/20112
s Supervise the resident project representative (RPR);
6 Review change orders and make recommendation to the District for approval;
O Review progress payments and make recommendation to the Districi for approval;
G Verify punch list completion and make recomunaaufation of final acceptance to the District,
0 Complete and subinil record drawingslas-btdltsforDistrict's records.
Construction Inspection Services (Hourly not -to -exceed)
L Not included in GRW's scope of work. District to self -perform all construction inspection
services,
Schedule
Based on the scope of work, and District's desire to award the construction contract by the end of this
year, the following schedule is proposed:
Activity
Notice to Proceed (NTP)
o Complete Geotechnical Investigation
• Complete Topographic Surveying
e Complete Prelim. Engineering Evaluation
• Complete Prelirninary (50-75%) Design
e Hold Design Review Meeting
o Complete Final Design
e IDEM Permit Submittal
IDEM Permit Approval
$ Bid Phase
Notice of Award
Construction
Completion Date
8/28/12 (assumed)
9/17/12 (20 days following NTP)
2,
9/17/1(20 days following NTP)
9127112 (30 days following NTP)
10/27/12 (60 days following NTP)
11/02/12 (66 days following NTP)
11/26/12 (90 days following NTP)
i 1/26/12 (90 days Following NTP)
Jan. 2013 (est. 45-60 days
Following permit submittal)
San. —,Feb. 2013 (dates TBD)
Feb. 201.3 (date TBD)
TBD (based on final scope)
Fees
As compensation for the above described services, GRW-mspectfully requests the following fees, broken
down by the various scope of work categories (all individual fees below are considered "not to exceed"
without prior authorization from Owner):
Base Contract
Preliminary Engineering Evaluation =
e Final Design (Lift Station only, exist, wetwell)
Biddin; Services=
Construction Administration =
Additional Services, if necessary
Final Design -Force Main Rep tacement
m Final Design — Wetwell Replacement
Geotechnical Investigation =
Topographic Field Surveying =
$3,775.00 (lump sum)
$11.,675.00 (lump sum)
$3,100.00 (lump sum.)
$9,870.00 (Hourly)
(see attached Hourly hate Schedule)
$3,075.00 (lamp suns)
$3,070.00 (lump sum)
$2,000.00 (lump sum)*--t
$S (lump sum) ht
�r✓5 �tz.�M1
IEXHI13IT-A- PAGE OF
Richmond Sanitary Aistrics
South 16'b Sweet Lift Station Upgrades
Sn-0112
(**) to be perfomied by AI( & Wilzig Engineering and assumes one (1) 40 ft. deep boring at the lift stalion site.
and one (1) 10 ft. deep boring along theforcemain route.
(+-r) to be performed by GRW and includes lift sradon site and forcemaia routing to be completed ander one
mobilization to facilitate project schedule,
I trust the information provided is sufficient to meet your needs at this time. Should you need any
additional information or clarification of this proposal, please feel free to contact me. at 317-347-3650 or
email dwells @_cTwinc,com.
Sincerely,
G W ENGINEERS, INC.
D Len S. dells, P.E., ,BCEE
Project Manao r
Attachment. GRW Hourly Rate Schedule
EXHIBIT -6_ PAGE q. OF �
CONFIDENTIAL
GRW Engineers, Inc.
Hourly Rate Schedule
January 2012
CATEGORY
Rate
Emit
Principal
$185.00
Hour
Expert Witness
$170.00
Hour
Engineer VII
$175.00
Hour
Engineer VI
$155.00
- Hour
Engineer V
$140.00
Hour
Engineer IV
$125.00
Hour
Engineer III
$110.00
Hour
Engineer 11
$95.00
Hour
Engineer I
$85.00
' Hour
.Architect V
$150.00
Hour
Architect IV
$135m
Hour
Architect III
$I00.00
Dour
Architect II
$80.00
Hour
Architect 1
$65.00
Hour
Senior Planner
$145.00
Hour
Planner
$95.00
Hour
Senior Designer
$125.00
Hour
Designer/Technician V
$120.00
Hour
Designer/Technician IV
$100.00
Hour
Designer/Technician III
$90.00
Hour
Designer/Technician II
$80.00
Hour
Designer/Technician I
$65.00
Hour
Designer/Technician Trainee
$55.00
Hour
Construction Manager
$115.00
Hour
Senior RPR
$90.00
Hour
RPR - 111
$75.00
Hour
RPR - II
$70.00
Hour
RPR - I
$60.00
Hour
Survey Manager/Land Surveyor
$125.00
Hour
Party Chef
$90.00
Hour
Surveyor
$50.00
Hour
Survey Assistant
$40.00
Hour
2-Man Survey Crew (w/equipment}
$175.00
Hour
Administrative/Clerical
$50.00
Hour
Vileage charged at current IRS mileage reimbursement rate.
)ut of pocket expenses charged at actual cost.
Cerox copies charged at $ 0.10 each and Drawing copies at $1.00 each
>ubcontractors charged at 1.10 multiplier.
EXHIBIT --q- PAGE 5 OF 5