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HomeMy Public PortalAbout033-2006 Aviation & Butler Fairman & Seufert Runway 6-24AGREEMENT THIS AGREEMENT is made and entered into --a +,- e between CITY OF RICHMOND BOARD OF AVIATION COMMIS 2006, by and SIGNERS, acting by and through its proper officials, hereinafter referred to as the LOCAL PUBLIC AGENCY or LPA and BUTLER, referred to as th FAIRMAN and SELIFERT INC. INDIANAPOLIS INDIANA, (hereinafter ( e "CONSULTANT"). WITNESSETH WHEREAS, the LPA desires to contract for construction observation for the rehabilitati overlaY for Runway 6-24 a roximatel 2915 feet b 150 feet on and ANT has WHEREAS, the CONSULT ;expressed a willingness to act as the LPXs ntativp to specifications and documents; - "" -1- 11g cans and. WHEREAS, the parties have agreed to that the CONSULTANT shall provide the services documents described herein, in relation to the following described project(s): and Project: Runwa 6-24 Phase 3 Pa in NOW THEREFORE, in consideration of the followin g mutual covenants, the parties hereto mutually covenant and agree as follows: SECTION ION I SERVICES BY CONSULTANT The services to be provided by the CONSULTANT under this Agreement are set o Appendix "A", attached to this Agreement, and made an integral part hereof. ut in SEC- T--- ION T1 INFORMATION AND SERVICES TO BE FURNISHED BY LPA 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,33-2006 Page 1 of 17 SECT ---ION III NOTICE TO PROCEED AND SCHEDULE The CONSULTANT shall begin the work to be performed under this Agreement upon receipt of the written notice to Proceed from the LOCAL P p p PUBLIC AGENCY, and shall deliver the work to the LOCAL PUBLIC AGENCY in accordance with the schedule contained in Appendix "C", attached to this Agreement, and made an integral part hereof. The Consultant shall not begin work prior to the the notice to proceed. date of SECTION IV COMPENSATION The CONSULTANT shall receive payment for the work performed under this Agreement as forth in Appendix "D„ set attached to this Agreement, and made an integral part hereof. SECSEC_TION VV GENERAL PROVISIONS Work Office The CONSULTANT shall perform the work under this Agreement at the following office/s : nnrt n n A -& n. _.� _ _ l ) The CONSULTANT shall notify the LOCAL PUBLIC AGENCY of any change in its mailing address and/or the location(s) of the office(s) where the work is performed. g 2. Emnl__ �_ovment During the period of this Agreement, the CONSULTANT shall not engage, on a full or art or other basis, any LPA personnel who remain in the employ of the LOCAL PUBLIC AGE p time SPECIAL PROVISIONS E AGENCY XHIBITS AND SCHEDULES REQUIRED FEDERAL CLAUSES for PROFESSIONAL SERVICES CONTRACTS. 1. Airnn,a ..,.a A • _ (Version 1 115190) Page 2 of 17 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, creed color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. In the case of CONSULTANT, this Provision binds the CONSULTANT from the bid solicitation period through the completion of the contract. 2. Civil Rights Act of 1964 Title VI - 49 CFR Part 21 Contractual Re uirements (Version 1 /5/90 . ion 1 During the performance of this Contract, the CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: 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") Title 49 Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a 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 of subcontractors, including procurements of materials and leases of equipment. T CONSULT he ANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract co Program set forth in Appendix "B" covers a of the Regulations. Page 3 of 17 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 materials or leases of the CONSULTANT of the CONSULTANT's obligations under this contract and the 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 instructions. iand 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 certifythe LP or the Federal Aviation Administration A 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 Fed Aviation A eral dministration 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 1 through 5 in eve subcontract, including procurements of rY materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CONSULTANT shall take such action with Page 4 of 17 respect to any subcontract or procurement as the LPA or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, in the event a CONSULT however, that, ANT becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONSULTANT may request th LPA and q e m addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 3. DBE Rgquired Statements - 49 CFR Part 23 Version 1 115190 a• CONSULTANT'S Responsibilities - The CONSULTANT shall agree to the below stated Department of Transportation policy and disadvantaged business enterprises obligation and p y g � g further agrees to insert the following clauses c in any subcontract. 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 in part with the performance of contracts financed in whole or inP Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 applies 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 t Performance of contracts financed in whole or in Part with Fhe Federal funds provided under this agreement. In this regard all recipients or CONSULT g p ANTS shall take all necessary reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantagedand enterprises Opportunity have the maximum o bussiness y 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 Page 5 of 17 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 the contract or such other remedy as deemed appropriate by the LPA. 4. Inspection 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 an�' records of the CONSULTANT' which are directlyy books, documents, paper, and pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. ptions. The CONSULTANT shall maintain all required records for three years after the LPA makes final payment and all other pending closed. g matt ers are 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 � ns issued by grant under which this contract is executed. Information regarding these rights is available from the FAA and the LPA. 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 SUBCONSULT �-T�T or ANT may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the Parties of this agreement. 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 Page 6 of 17 a. is not owned or controlled by one or more citizens of a foreign the list of countries that discriminate country included in nminate 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 Person that is a citizen or national of a foreign country p � with a on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said lis t; 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 with 49 CFR 30.17, no contract shall be awarded to a CONSULT accordance unable to certify to the above. If the CONSULTANT knowinglyANT or SUBCONSULTANT who is procures or subcontracts for the supply Of any product or service of a foreign country on said list for use on the project th Administration may direct through project, e Federal Aviation Y gh 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, it will incorporate this provision for certification without modification in each contract subcontracts. The CONSULT Y Y and m all lower tier ANT may rely on the certification of a prospective SUBCONSULTANT unless it has knowledge that the certification is erroneous. The CONSULTANT shall provide immediate written notice to the LPA if the CO learns that its certification or that of a S CONSULTANT UBCONSULTANT was erroneous when submitted or has become erroneous by reason of changed circumstances. The SUBCONSULT ANT agrees to provide written notice to the CONSULTANT if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance wa making the award. If it is later determined that the CONSULTANT or SUBCONSULTANT placed when CONSULTANT knowingly Page 7 of 17 rendered an erroneous certification, the Federal Aviation Administration may direct through the cancellation of the contract or subcontract for default at no cost to the Government. g LPA Nothing contained in the foregoing shall be construed to require establishment of a o system records in order to render, in good faith, the certification required by this provision. They f information of a CONSULTANT is not knowledge and required to exceed that which is normally 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 them of akmg of a false, fictitious, or fraudulent certification may render the maker subject to Prosecution under Title 18, United States Code, Section 1001. 8 Certification ��Reaardina Debarment Sus ension Ineligibility, and Volunt Part 29 Version 1 1/5/90 Exclusion - 49 CFR The CONSULTANT certifies, by submission of this proposal or acceptance of this contract neither it nor its principals is presently debarred, suspended, ,that P , proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or a further agrees by submitting this proposal that it will include this clause without modification gency. It tier transactions, solicitations, proposals, contracts, and subcontracts. Where the CO on in all lower lower tier CONSULTANT or any participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 9. Termination of Contract - 49 CFR Part 18 Version 1 1 /5/90 a• The LPA may, by written notice, terminate this contract in whole or in Part either for the LPA's convenience or because of failure to fulfill the contract obligations. any time, ons. Upon receipt of such notice services shall be immediately discontinued (unless the notice d' otherwise) and all materials as may have been accumulated in performing this contract erects completed or in progress, delivered to the LPA. whether Page 8 of 17 b. If the termination is for the convenience of the LPA, an equitable adjustment " contract price shall be made, but no amount shall be allowed for anticipatedm the unperformed services. profit on 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 ter mination for failure to fulfill contract obligations, it is determined that the CONSULTANT has not so failed, the termination shall be deemed to have be for the convenience of the LPA. In such been effected event, adjustment in the contract price shall be made as Provided in paragraph 2 of this clause. e• The rights and remedies of the LPA provided in this clause are in addition to an oth lights and remedies provided by law or under this contract. Y er 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 Agree subject to the following conditions precedent: ment shall be a• Compliance with such rules as are promulgated by the City of Richmond and C Richmond Board of Aviation Co City of Commissioners for supplemental or change order work. b. Submission for approval a written supplemental agreement covering work that: Page 9 of 17 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 on pp gr more than 20 percent. Should the a original agreement by aggregate amount of altered work exceed the 20 percent limitation, such excess altered work shall require preparation of a new agreement fora The City of Richmond reserves the right to terminate the agreement with respectapproval. work exceeding the 20 percent limitation and make other arrangements forcompletion. the altered its compleett ion. d. The prior approval of the City of Richmond Common Council for appropriation of Procedures, including funds g proof of filing 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. 9. 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 Cit of Richmond's best interest, the Cityof Richmond Board of Aviation Co Y to make such alterations in the work within the general scope Commissioners is authorized p of the agreement as may increase or decrease the originally awarded agreement, provided that the aggregate of such alter does not increase the total original agreement alterations cost by more than 20 percent and sufficient funds have been appropriated. Page 10 of 17 IN TESTIMONY WHEREOF, the Parties hereto have executed this Agreement. CONSULTANT BUTLER, FAIRMAN and SEUF INC. Aature John W. Brand President (Print or type name and title) ATTEST: Signature Bradley D. Watson P F Vice President (Print or type name and title) LOCAL PUBLIC AGENCY BOARD OF AVIATION COMMISSIONERS, CITY OF RICHMOND, INDIANA -ftl, - i Mel Bruns, President 4TT: , Secretary CITY OF RICHMOND MAYOR'S OFFICE The Honorable S411Y Hutton, Mayor CITY OF RICHMOND COMMON COUNCIL Filed with: Controller's Office Purchasing Office Law Office Page 11 of 17 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 i '1t day of -P'kj1 2006, and each acknowledged and stated that he/she is the party authorized by the said agency exec the foregoing contract y execute My Commission Expires County of ReAdence STATE OF INDIANA �r- Nota�Pubiic� i Print or type name — ACKNOWLEDGMENT ), COUNTY OF MARION )SS: Before me, the undersigned Notary Public in an for said County personally appeared John W. Brand, President, and BradleyD D. Watson, Vice President, of (name of signers, their official capacity and agency name) Butler, Fairman and Seufert, Inc. and each acknowledged the execution of the foregoing contract on this 21 s t day of March 2006, and each acknowledged and stated that he/she is the party authorized by the said agencyto execute the foregoing contract. ecute My Commission Expires June 19, 2013 Marion County County of Residence <NotaryPubl" Laura J. Mor an Print or type name Page 12 of 17 CERTIFICATE OF CONSULTANT I hereby certify that I am the President and duly authorized representative of the firm of and Se„fP,+ Y_ Butler 46240, and that neither I nor the above firm I here represent has: ✓ V `uiuiana oils 1ndian� (a) employed or retained for a commission, percentage, brokerage, contingent consideration,any firm or person (other than a bona fide employee working oY lel ofortmee or the above consultant) to solicit or secure this Agreement, (b) agreed, as an express or implied condition for obtaining this Agreement retain the services of any firm or person in connection with c , to employ or carrying out the Agreement, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona working solely for me or the above consultant fide employee consideration of an)any fee, contributions, donation, or Y 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 an families of this firm is employed or retained either full or part-timey member of their immediate , in any manner by the Indiana Department of Transportation; except as herein expressly stated (if any): _ I acknowledge that this certificate may be furnished to the Indiana Department o and/or the Federal Aviation Administration - f Transportation Department of Transportation in connection with this Agreement Of participation of Federal funds, and is subject to applicable Sta both c " to and Federal Laws, nrmnal and civil. 3-2l- �, (Date) (Signature) John W. Brand, P.E. Page 13 of 17 CERTIFICATE OF LOCAL PUBLIC AGENCY O (We) hereby certify that {4--af) (we are) the Board of Aviation Commissioners (ale) of the City of Richmond (LPA), and the above Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. Except as herein expressly stated (if any): O (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 part-time basis i any manner by the LPA except as herein expressly stated (if any): n (4) (We) acknowledge that this certificate may be furnished to the Federal Aviation Administration and the Indiana Department of Transportation in connection with this Agreement involvin � g participation of the Federal funds, and is subject to applicable state and Federal laws, both criminal and civil. (Date) Mel Mike Nocton, Secretary The Honorable S illy Hutton, Mayor Page 14 of 17 NON -COLLUSION AFFIDAVIT STATE OF IIANA ) COUNTY OF MARION ) SS: 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 any other member, employee, representative, agent, or officer of the firm, com p Y, noor, that g PAY, that he/she has not, nor has Partnership represented by him/her, directly or indirectly, entered into or offered to enter into combination, collusion or contract to receive or a pant, corporation y money or other consideration for the execution of the nnexed Agreement other than that which appears any she has not received or paid, sum of upon the face of the Agreement. w W , Si ature John W. Brand P.E. Printed Name President Title Butler Fairman and Seufert Inc. Company Before me, a Notary public in and for said County and State personally appeared John W. Brand who acknowledged the truth of the statements in the foregoing affidavit on this 21 S t day of March My Commission Expires 2006. June 19, 2013 NotaryPublic - Marion County County of Residence Laura J . Morgan Print or type Yp name Page 15 of 17 DEBARMENT CERTIFICATION This certification applies to the CONSULT capacity of owner, partner, director, officer ANT or any person associated therewith in the Position involvingthe administration , princi of pal investor, project director, manager, auditor, or any Federal funds. Instructions for Certification 1 • BY signing and submitting this Agreement, the certification set out below. the prospective primary participant is providing 2. The inability of a person to provide the certification required below will p vrdi y result in denial of participation in this covered transaction. The prospective explanation of why it cannot provide the certification set out below. The certification or explanation will not necessarily be considered in connection with the de 's participant shall submit an determination department or agency's transaction. However, explanation shall difailure of the prospective g Y rmmation whether to enter into this squalify such person from p��' participant to furnish a certification or an pation in this transaction. 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 P that the prospective primary participant knowingly rendered an erroneous certification, other remedies available to the Federal Government, the department later determined transaction for cause or default. n, in addition to or agency may terminate this 4. The prospective primary participant shall Provide i or agency to which this Agreement is submitted if at any time the prospective t learns that its certification was erroneous when submitted p immediate written notice to the department circumstances. ed or has become erroneous by easonparticofachanged S. The terms covered transaction," " transaction," p debarred," "Suspended," partici ant, person," " ineligible," lower tier covered "voluntarily excluded," as used in this clause, a e overhe meanings ed rans c out,, "principal," Dr al sections of the rules implementing Executive Order 12549. You may cont thep p �,r "proposal," and which this Agreement is being submitted for assistance in obtaininga Definitions and Coverage Y act the department or agency to 6. The prospective primary participant agrees by submitting pthis fAgreement ose lthat s should the Proposed covered transaction be entered into, it shall not knowingly enter into any lower ' transaction with a person who is debarred, suspended, declared ineligible, voluntarily excluded from ol participation in this covered transaction unless authorized by the de tier covered transaction. department or agency entering into this 7. The prospective primary participant include the clause titled "Certification Regarding Debarment,fiirther tes by Suspension, this Ineligibility Exclusion -Lower Tier Covered Transaction,,, submitting Agreement and that it will covered transaction without modification in all lower tier covered trap g cy e and Voluntary Provided by the department or agency entering into this lower tier covered transactions. transactions and in all solicitations for 8• A participant in a covered transaction may relay upon a certification of participant in a lower tier covered transaction that it is not debarred, suspended, ineligible excluded from the covered transaction unless it knows that the certification is e , inel a prospective may decide the method and frequency b grus. A voluntarily participant may, but is not required to, check the Nonprocur'ement List. eons. A participant Y which it determined the eligibilty of its principals. Each 9. Nothing contained in the foregoing shall be construed to require establishment o records in order to render in good faith the certification required b this clause. information of a participantf a system of is not required to exceed that which is normallyThe knowledge and Person in the ordinary course of business dealings. possessed by a prudent Page 16 of 17 10. Except for transactions authorized under paragraph 6 of these instructions, if a partici ant in a covered transaction lrnowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation m this transaction p to other remedies available to the Federal Government, the department or agency may terminate transaction for cause or default. , in addition this Transactions (1) The prospective primary participant certifies to the best if its knowledge and belief, and its principals: ef that it (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 co connection with obtaining, attempting to obtain or Performing pof fraud or a criminal offense ublic (Federal, State or local) l) 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 c governmental entity (Federal, State or local with co rurunally or civilly charged by a ) in paragraph (1)(b) of this certification; andmmission of any of the offenses enumerated (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) Where the pro 've primary participant is unable to certify to any of the statements i t� succh Pros ve Pjcipant shall attach an explanation to this proposal. n this President (Title) (Printed or Typed) Butler Fairman and Seufert Inc. (Company) Before me, a Notary Public in and for said County and State personally appeared John W. Brand , who swore to and acknowledged the truth of the statemen Certification on this 21 s t is in the foregoing dayof March My Commission Expires June 19 2013 Marion County County of Residence 2006. Notary Public - Laura J. Morgan Print or type name Page 17 of 17 APPENDIX "A" RICHMOND MUNICIPAL AIRPORT RUNWAY 6-24 PHASE 3 PAVING 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 t Agreement made on he BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN2006 between TandOSEUFE FiMOND (CONSULTANT) providing for professional engineering services. RT, INC., 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, se, the CONSULTANT 1.2.1 Prepare necessary documents and administer FAA and State of Indiana Department of Transportation Aeronautics Section grant -in -aids. 1.2.2 Observe the work of the Contractor b y periodic ts intervals considered necessary by the CONSULTANTI duri g 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 proposals for contract changes and make recommendations to the LPA as to acceptance or rejection. Page 1 of 3 1.2.5 Assist the LPA in verifying that the project is acceptable upon completion. 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 y shall have no responsibility for the safetof 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 employees of contractors, or to comply person withlaws,cldrules, 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. stantial completion date will be determined and all closeout 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 Page 2 of 3 correction included to the contractor. The RPR will follow-up to assure all corrections are made. 1.2.7.4 Prepare record drawings from the contractor supplied redlined 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. CHANCES IN WORK 2.1 In the event that either the LPA or the CONSULTANT determine that a 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 RUNWAY 6-24 PHASE 3 PAVING INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA This is an Appendix attached to, made a part of and incorporated by reference with th Agreement made on BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and SEUFE e '2006 OF RICHMOND (CONSULTANT) providing for professional engineering services. RT, INC., 1 The LPA shall, within a reasonable time, so as not to delay the services c es of the 1.1. Provide full information as to CONSULTANT's requirements for the Project. 1.2. Assist the CONSULTANT b 1 available information pertinent to placing Iagsi at disposal all and any other data relative thereto. g 9 previous reports 1.3. Guarantee access to and make all provisions for the CONSULTANT perform CONSULTANT's services under this Agreement. to 1.4. Give prompt written notice to the CONSULTANT whenever the LP observes or otherwise becomes aware of any defect in the Project. A 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 Pr including easement and right-of-way descriptions, pro a Project, boundary surveys. p rty surveys and 1.8. Furnish to the CONSULTANT, as requested by the CONSULTANT or a required by the Contract Documents, data prepared by or services of othe ss 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 RUNWAY 6-24 PHASE 3 PAVING SCHEDULE OF SERVICES TO BE FURNISHED BY THE CONSULTANT This is an Appendix attached to, made a part of and incorporated by reference wi Agreement made on th the BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIR andbetween CITY OSE RICHMOND (CONSULTANT) providing for professional engineering services. UFERT, INC., I • This Agreement will become effective upon the first written notice by the LPA services hereafter. authorizing 2. This Agreement shall be applicable to all assignments authorized by t he 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 4. Performance time after written authorizations to proceed with each h expeditiously Services shall be completed as follows: p ase of the Basic a• For Construction Phase dependent upon construction schedule, which is estimated to be 4 monthsmm�, 1) Construction Phase Basic Services Paragraph 1.2.2 through 1.2.6 is estimated to be a maximum of 1 site visit every other week while the Contractor is on site. 2) Construction Phase Basic Services Paragraph 1.2.7 is estimated to be full time while the contractor is on site. Page 1 of 1 APPENDIX "D" RICHMOND MUNICIPAL AIRPORT RUNWAY 6-24 PHASE 3 PAVING 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, FAIRMAN andOSEUFE FiMOND (CONSULTAN T) providing for professional engineering services. Methods of Payment for Services and Expenses of the CONSULTANT: 1.1 • For Construction Phase Basic Services. The LPA shall ay the CONSULTANT for Construction Phase Basic Services ofthe 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, and 1.2.7.2 the lump sum amount of $10,000.00. 1.1.2. For Construction Phase Basic Services paragraph 1.2.2 through 1.2.6, the lump sum amount of $6,857.00. 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 $125,000.00. q 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 CONSULT Additional Services rendered under Appendix "A" Paragraph 2 "Ch�esf n 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 Subsistence 1.3.2 For Travel $ 0.00 $2,140.00 1.3.3 For Subconsultant 1.3.3.1 Geotechnical $30,000.00 Page 2 of 2 APPENDIX "E" RICHMOND MUNICIPAL AIRPORT RUNWAY 6-24 PHASE 3 PAVING 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 andOSEUFERTMOND (CONSULTANT) providing for professional engineering services. NC., CONSULTANT shall furnish, if authorized in writing by the LPA, a Resident Project Representative (RPR) to assist CONSULTANT g performance of the work 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 g rotecti for LPA against defects and deficiencies in the Work of Contractor; but, the furnishingon services will not make CONSULTANT responsible for or give CONSULTANT control construction means, methods, techniques, sequences or procedures or for of such Programs, or responsibility for Contractor's failure to perform the Work in accordanceover safety precautions or Contract Documents and in particular the specific limitations set forth in Paragraph 2 with of the Agreement are applicable. g ph of the The duties and responsibilities of the RPR are limited to those of CONSULTANT i CONSULTANT's agreement with the LPA and in the construction Contract Documents further limited and described as follows: n and are 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 Meetin preconstruction conferences gress meetings, job conferences Attend meetings with Contractor, and such as Project -related meetings, and �p prepare and circulate copes of minutes thereof. other s: 3. Liaison: a• Serve as CONSULTANT's liaison with Contractor, workingp through Contractor's superintendent and assist in understanding the intelnt 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 the tests procedures and start-ups. relative to d• Accompany visiting inspectors representing public agencies jurisdiction over the Project, record the results oftheseeinspectionshave 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, reports of job conferences, Shop Drawings 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 Project related documents. , and other 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 test inspections or start of important phases of the Work. s' 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 any accident. ce of 1 0• Payment Requests: a. Review applications for payment with Contractor for compliance with the established procedure for their submission recommendations to CONSULTANT, notin and forward with g 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 required to be assembled and furnished by Contractor are Work, verify that certificates, maintenance and operations manuals and other data to the items applicable 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. Page 5 of 5 AMENDMENT NUMBER 1 TO AGREEMENT BETWEEN LPA AND CONSULTANT FOR PROFESSIONAL SERVICES THIS AMENDMENT, made and entered into this C-1 day of ) ; 2006, by and between the CITY OF RICHMOND BOARD OF AVIATION COMMISSIONERS (LPA) and BUTLER, FAIRMAN and SEUFERT, INC. (CONSULTANT) shall be attached to and made a part of the AGREEMENT made on May 12, 2006, between LPA and CONSULTANT providing for professional engineering services. WHEREAS, the PROJECT construction schedule has been reduced from 4 months to 2 months, - WHEREAS, the LPA desires the CONSULTANT to reduce the construction phase services for this construction phase, which is the asphalt overlay of approximately 2915 feet of runway 6-24; WHEREAS, the reimbursable expense not -to -exceed amount for travel does not match the allotted travel time required by this amendment and NOW THEREFORE, pertaining to the time reduction under this AGREEMENT, the LPA and CONSULTANT in consideration of their mutual covenants and purposes of completing the PROJECT herein agree to amend or supplement the AGREEMENT as set forth below. UNDER APPENDIX "C", SCHEDULE OF SERVICES TO BE FURNISHED BY THE CONSULTANT, Change paragraph 4.a. to read as follows: a. For Construction Phase dependent upon construction schedule, which is estimated to be 2 months. UNDER APPENDIX "D", SCHEDULE OF BILLING BY CONSULTANT, Change paragraphs 1.1.1., 1.1.3. and 1.3.2 to read as follows: 1.1.1. For Construction Phase Basic Services paragraph 1.2.1, and 1.2.7.2 the lump sum amount of $8,000.00. 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 $62,500.00. A revised overhead rate will be used when one is issued. 1.3.2 For Travel $6,000.00 Page 1 of 2 Amendment No. 1 to Contract No. 33-2006 IN WITNESS WHEREOF, the LPA and the CONSULTANT h duplicate. One co unterpart each has been delivered to the LPA ave signed this Amendment in This Amendment will be effective on the date given on a and the CONSULTANT. page one of this Amendment. CONSULTANT: BUTLER, FAIRMAN and SEUFERT, INC By. Gary L. Pohl, Executive Vice -President Attest: 17, q J. Bradley D. Watson, P.E. Executive Vice -President Page 2 of 2 LOCAL PUBLIC AGENCY BOARD OF AVIATION COMMISSIONERS, CITY OF RICHMOND, INDIANA VMerns, -Presidt*—� nt ATE'/? k ike N cton, Secretary CITY OF RICHMOND MA OR'S OFFICE The Honorable S ly Hutton, Mayor CITY OF RICHMOND COMMON COUNCIL Filed with: Controller's Office Purchasing Office Law Office