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